HomeMy WebLinkAboutItem 04 - CU13-04 7-Eleven CC ITEM #4, 27
PZ ITEM #2
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: APRIL 16, 2013
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU 13-
APPLICANT: Brian Nebel
~7
........... ..
Grapevine
Lake PROPERTY LOCATION AND SIZE:
I eve
The subject property is located at 1700 State
Highway 26 and proposed to be platted as Lot 2R1,
Northwesl
Block 1, Grapevine Mills Addition, Phase 2. The site
"_A66 has approximately 117 feet of frontage along State
Highway 26 and 301 feet of frontage along Bass Pro
Drive.
FW
Hall-Johnson Airport a
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Glade Rd. J
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a Conditional Use Permit to amend the previously approved
site planof CU12-41, (Ord. 2013-01) for a planned commercial center in excess of
1,000,000 square feet of gross leasables ace for gasoline services, a monument_sign with
changeable copy in excess of 30 percent and the gossession, storgge,retail-sale, and off-
premise consumption of alcoholic bever ages,,_(,beer and wine only) in conjunction with a
convenience store, specifically to revise the building area and elevations.
Conditional Use Request CUl 2-41 was approved at the January 15, 2013 meeting to allow
for a 3,010 square foot 7-Eleven convenience store with gasoline services, retail-sale and
off-premise consumption of alcoholic beverages. Due to a design requirement from 7-
Eleven to require additional separation between the fueling canopy and the convenience
store, the applicant proposes the following revisions: the fueling canopy and the
convenience store have been repositioned; the building elevations have been changed to
allow for rooftop screening of mechanical equipment; and a 242-square foot expansion to
0:2MCLI113-04.4 1 April 11,2013(1:32PM)
CC ITEM #4, 27
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the convenience store is proposed. Total required parking forte proposed use is 17.
There are 23 provided.
PRESENT ZONING AND USE:
The property is currently on "CC" Community Commercial District with a planned
commercial center in excess of 1,000,000 square feet designation. This project is a Phase
2 development of the Grapevine Mills Mail.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was rezoned from 1-1" Light Industrial District to "PID" Planned
Industrial Development District during the 1984 City Rezoning. Zone Change -11 (Ord.
85-64) changed the zoning to "HCO" Hotel/Corporate Office District for an industrial park
development. Zone Change Z89-02 (Ord. 89-21)and Conditional Use Request CU89-01
(Ord. 89-22) rezoned a 13.45 acre tract of the subject property to "PCD" Planned
Commerce Development fort purpose of constructing an auto rental/leasing facility,
commercial parking lot, auto washing and detailing service, and a vehicle lube foils ervice
is never materialized. CU97-60, CU97-61 and Z97-22 were all approved at the
November 18, 1997 joint public hearing and established the Bass Pro/Embassy Suites
project. Z97-22 rezoned the property from "PCD" Planned Commerce Development
District and "HCO" Hotel/Corporate Office District to "CC"Community Commercial District;
CU97-60 and CU97-61 established Bass Pro Shops Outdoor World and Embassy Suites,
respectively. These cases also established Bass Pro/Embassy Suites as a Phase 2
development of the Grapevine Mills Planned Commercial Center. CU98-25 (Ord. 98-77)
and SU98-09 (Ord. 98-78) were of approved at the June 16, 1998 joint public hearing
and allowed for an increase in building square footage, a revised restaurant floor plan,
revised signage elevations and the establishment of six billiard tables all associated with
the Bass Pro Development. Conditional Use Request CU98-73(Ord. 99-13)amended the
previously approved site plan by specifically revising the building footprint, building
elevations, and landscaping plan; allow for a boat canopy at the northwest corner of the
building, provide for a boat and recreational vehicle storage area, increase the restaurant
seating, provide for additional parking, realign the entrance drive, and provide for the
addition of exterior architectural features. Conditional Use request CU99-35(Ord. 99-114)
amend the approved site plan of CU98-73 (Ordinance 99-13) fora Planned Commercial
Center in excess of 1,000,000 square feet of gross leasable space specifically to change
the boat and RV storage area at the north end of the site to parking, to change a portion of
the parking area tote west of the building to a boat staging area, to make minor curb
modifications to islands at the north entrance from S.H. 26 and the main entrance from
Bass Pro Drive, to widen the drive in front of the main entrance to the Bass Pro building, to
add an additional monument sign at the east entry drive from the S.H. 121 service road
entrance, and add 28 parking spaces at the south end of the site. Conditional Use
Request CU99-64 (Ord.99-175) approved at the December 7, 1999 meeting allowed the
development of Colt is Bar-B-Q Restaurant with drive through with the possession
storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and
WZWCU13-04.4 2 April 11,2013(11:21AM)
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mixed beverages)and the development of a convenience store with gasoline sales and the
possession storage and retail sale and off-premise consumption of alcoholic beverages
(beer and wine only). The Site Plan Review Committee on April 28, 2000, the Site Plan
Review Committee approved Conditional Use Request CUOO-20 which provided for
revisions to the exterior materials and the floor plan for Colter's Bar-B-Q.
At the September 21, 1999 meeting on the property west of the subject site 52.8 acres was
rezoned from "PID" Planned Industrial Development District to "CC" Community
Commercial District Z99-1 3 (Ord. 99-14 1)for a mixture of uses to include retail, hotel, and
restaurant development. At the May 15, 2001 meeting Council approved a conditional use
permit CU01-22 (Ord. 2001-41)for a restaurant with on-premise alcohol beverages sales
and consumption and outside dining however the restaurant was never developed. At
Council's August 1, 2009 meeting, a zone change(Z09-04)rezoning 21.2 acres west of the
subject site from "CC" Community Commercial District to "MXU" Mixed Use District along
with three conditional use requests (CU09-21, CU09-22, and CU09-23)to allow for three
hotels, a multifamily complex and a stand-alone parking garage was considered and later
withdrawn by the applicant. The following month at the September 15, 2009 meeting,
Council approved a conditional use request (CU09-32)to it for a 300 room hotel with
increased height and on-premise alcohol beverage sales in conjunction with a restaurant
and a pole sign; the hotel was never developed. Conditional Use Request CU1 1-34 (Ord.
12-02) was approved at the January 17, 2012 meeting to allow for the development of a
tel with the possession, storage, retail sale and on-premise consumption of alcoholic
beverages (beer, wine and mixed beverages) in conjunction with a restaurant, an increase
in height, outdoor speakers and a 20-foot pylon sign. Conditional Use Request CU 12-41
(Ord. 2013-012) was approved at the January 16, 2013 meeting to allow for the
development gasoline services, the possession, storage, retail-sale, and off-premise
consumption of alcoholic beverages (beer and wine only) and a monument sign with
changeable copy in excess of 30 percent in conjunction with a convenience store on the
subject site.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "HCO," Hotel/Corporate Office District, "CC,"Community Commercial
District - D/FW Hilton, Grapevine Mills Mail
SOUTH: "GU," Governmental Use District - D/FW International Airport
EAST: "CC," Community Commercial District - State Highway 121, Comfort
Suites, Ramada Limited.
Community Commercial District— portions under construction
AIRPORT IMPACT-
0:2MCU13-04.4 3 April 8,2013(11:54AM)
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The subject tract is located within "Zone C" Zone of Greatest Effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. Industrial
and commercial uses that can tolerate high levels of sound exposure are appropriate in
"Zone C". The proposed convenience store is appropriate in this is zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a milland use. The
proposed convenience store complies with the Master Plan.
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CC ITEM #4, 27
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A V11 E
T-I E X A N
CITY OFGRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART I.APPLICANT INFORMATION
Applicant Name: 1Brian Nebel(for 7 Eleven,Inc.)
Applicant Address: 1 7067 Nantucket Way
City/State/Zip lGrand Prairie,TX 75054
Phone No. 1469-265-5923 Fax No. 312-423-1301
Email Address Mobile Phone 1469-265-5923
Applicant's interest in subject property 1Buyer's representative
PART 2. PROPERTY INFORMATION
Street Address of subject property F 1700 State Highway 26,Grapevine,TX 76051
Legal Description: Lot [2 Block F Addition Grapevine Mills Addition,Phase 2
Legal description of subject property(metes &bounds must be described on 8 1/2"x 11"sheet
Size of subject property: acres .86 square footage 137,379
Present zoning classification ICC Community Commercial Distric
Proposed use of property lConvenlence store with motor vehicle fuel and beer/wine sales
Zoning ordinance provision requiring a conditional use Zoning Ordinance Section 25.C.4., and Section 48-Conditional Use Permits
PART 3. PROPERTY OWNER INFORMATION
Property Owner I Florida Bethel,Ltd.
Prop Owner Address 13322 Shorecrest,Suite 235
City/State/Zip Dallas,TX 75235
Phone No. .1214 351-2121 Fax No. 214 351-0403
❑ Submit a letter describing the proposed conditional use and note the request on the site plan document
❑ In the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by
applicable district regulations(example:buffer yards,distance between users)
❑ In the same letter,describe whether the proposed conditional use will, or will not cause substantial harm t
y�
other property in Me neighborhood. Also,describe how the proposed conditional use will add to the value tleltyfU h rty
in the neighborhood.
❑ Application of site plan approval(Section 47,see attached Form"B"). MAR 6 2013
❑ The site plan submission shall meet the requirements of Secdon47, Site Plan Requirements. I
gy
L
W13-6q
❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed or JgTOE-Wou�hearing
at the discretion of the staff. Based on the size of the agenda,your application may be scheduled to a later date. PZ ITEM #2
❑ Aff public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the next public
hearing. Public hearings will not be tabled.
❑ Any changes to a site plan(no matter how minor or major)approved with a conditional use or conditional use permit can only be approved by city
council through the public hearing process.
❑ /have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that
all requirements of this application have been met at the time of submittal.
PART 4.SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN
ON THE SUBJECT PROPERTY
Brian Nebel By:
Print Applicant's Name Applicants Signature
The State of [
County of —7 AZXp,,.
-Soc- C-UV-rk,-;
Before me(notary) A t-� �'A E B E L
on this day personally appeared (applicant)
known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this day of A.D.
..........
Joe S Cudis
My Commissim E)Ofes Notary In and For State of
1 01
IJO�CP4 C fg� 4� �eWte-1 Poi-imer
Print Property Owners Name Property Owners Signature
The State of -72rx 4-5
County of L L
Before me(notary) on this day personally appeared (applicant)
V the oath or other document)to be the person who u
known to me(or proved to me se name is su scribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this day of
A.D.
p0mv P
BECKY STUMBAUGH
My Commission Expires
August 19, 2014 Notary In and For State of
IFF
M LAR 5 2013
By
1'5-()14
A NOWLEDGEMENT CC ITEM #4, 27
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Ali Conditional Use and Special Use Applications are assumed to be complete when riled and will be
placed on the agenda for public hearing at the discretion of the staff. Based on the Size of the
agenda, your application may be scheduled to a later date.
All public hearings will be opened and testimony given by applicants and interested citi lic
hearings may be continued to the next public hearing. Public hearings will not be tabled
Any changes to a site plan (no matter how minor or major) approved with a conditional use or a
special use permit can only be approved by city council through the public hearing process.
Any application for a change in zoning or for an amendment to the zoning ordinance Shan have,
from the date of submittal, a period of four months to request and be scheduled on an agenda
before the Planning and Zoning Commission and City Council. if after said period of four months an
application has not been scheduled before the Commission and Council said application shall be
considered withdrawn, with forfeiture of all filing fees. The application, along with the required
riling fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling
applications before the Planning and Zoning Commission and City Council created by city staff
shall not be considered a part of the four month pedod.
i have read and understand ail of the requirements as set forth by the application for conditional use
or special use permit and acknowledge that all requirements of this application have been met at the
time of submittal.
Signature of Applicant
Date
Signature of Property Owner 4a IT-ew,%al i0ar4ki-A
Date
AR
CC 6 t h I�4UA
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March 4, 2013
Brian Nebel
7067 Nantucket Way
Grand Prairie, TX 75054
City of Grapevine
Development Services
Planning Division
200 S. Main Street
Grapevine,TX 76051
Dear Sir or Ma'am:
I am submitting this Conditional Use Application/Site Plan Application on behalf of 7-Eleven
(future Tenant) and Florida Bethel, Ltd. (property owner)for a convenience store with motor
vehicle fuel sales, 24-hour operation and beer/wine sales.
We do not feel that the Conditional Use will cause substantial harm to the value, use or
enjoyment of other properties in the neighborhood. The proposed location is within a Planned
Commercial Center and adjacent to a restaurant(Big Racks) and a retail store/restau rant (Bass
Pro Shop Outdoor World)to the north, a hotel (Embassy Suites), an undeveloped Commercially-
zoned property to the west, and an undeveloped portion of the Dallas-Fort Worth Airport to
the south.
We do not feel that the proposed 7 Eleven will conflict with any of these uses.
Please do not hesitate to contact me at brian.nebelPlendlease.com or 469-265-5923 with any
question or concerns.
Thank you,
Brian Nebel
�7
YAR
Y
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ORDINANCE
ORDINANCE AN ISSUING ITI ONAL USE PERMIT IN
ACCORDANCE WITH SECTION F ORDINANCE
-73, THE COMPREHENSIVE I ORDINANCE
OF THE CITY GRAPEVINE, TEXAS, SAME BEING L
APPENDIX KNOWN AS "D" OF THE CITY a BY
GRANTING CONDITIONAL USE PERMIT 13®
AMENDING THE SITE V ORDINANCE
2013® 1 TO REVISE THE BUILDING
ELEVATIONS TI IN CONJUNCTION IT
CONVENIENCE IN A DISTRICT ZONED " "
COMMUNITY I L DISTRICT REGULATIONS
IN ACCORDANCE WITH IT
PURSUANT TO SECTION I -7
AND ALL OTHER CONDITIONS,
SAFEGUARDS IMPOSED HEREIN; TI THE
OFFICIAL I NG MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING
CLAUSE TI I LI w DETERMINING
THAT THE PUBLIC INTERESTS, GENERAL
WELFARE DEMAND THE ISSUANCE OF THIS
CONDITIONAL IT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND
2d 000.00) AND A SEPARATE OFFENSE LL BE
DEEMED COMMITTED UPON EACH DAY DURING
WHICH I TI ; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE T
an application was made requesting issuance of conditional use
permit y making applications for same with the Planning &Zoning o i sion of the City
of r vin 9 Texas, as required y State statutes and the zoning ordinance f the City of
Grapevine, Tee s, and all the legal requirements, conditions and prerequisites having been
complied ith, the case having come before i ou oil of the City of Grapevine,
Texas, after all I I notices requirements, co itions and prerequisites having
complied with; and
WHEREAS, the City Council of the City of r vin a Texas, at a public hearing
called by the City Council did consider the following factors in in g a determination as to
whether this requested conditional use permit s oul r me or denied: safety of the
motoring lie and the pedestrians using facilities in the area immediately surrounding
the site- safety from fire hazards and measures for fire control; protection of j c nt
pro y from o0 or water damages, noise producing elements, and glare of
vehicular n stationary lights and effect of such lights on established character oft the
neighborhood; location, lighting, types of signs and relation o signs to traffic control
CC ITEM #4, 27
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and adjacent property; street size and adequacy of width for traffic reasonably expected to
be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements oft is ordinance for off-street parking
facilities; location of ingress and egress points for parking and off-street locating spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on light and air; the effect on the
overcrowding oft land; the effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council of the City of Grapevine, Texas,did consider the following factors
in making a determination as to whether this requested conditional use permit should be
granted or denied; effect on the congestion oft streets, the fire hazards, panics and
other dangers possibly present in the securing of safety from same, the effect on the
promotion of health and the general welfare, effect on adequate light and air, the effect on
the overcrowding of the land, the effect on the concentration of population, the effect on
the transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been
satisfied by the submission of evidence at a public hearing, and
WHEREAS, the City Council further considered among other things the character of
the existing zoning district and its peculiar suitability for particular uses and with the view to
conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is
a public necessity fort granting oft is conditional use permit, that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification is existed at the time it original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration of
population, facilitates the adequate provisions of transportation,water, sewerage, schools,
parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classifi ed and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, and is in the best interest of the public
at large, the citizens of the City of Grapevine, Texas, and helps promote the general health,
safety and welfare oft is community.
ORD. NO. 2
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NOW, THEREFORE, BE IT ORDAINED BYTHE CI GI OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance
eft City of Grapevine, Texas, same being also known as Appendix"D"of the City Code,
by granting Conditional Use Permit CU 13-04 to amend the previously approved site plan of
Ordinance No. 2013-01 for a planned commercial center in excess of 1,000,000 square
feet of gross leasable space specifically to revise the building area, building elevations and
building location in conjunction with a convenience store(7-Eleven) in a district zoned"CC"
Community Commercial District Regulations within the following described property: Lot
2R1, Block 1, Grapevine Mills Addition Phase 2 (1700 State Highway 26)all in accordance
with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto
and made a part hereof as Exhibit"A", and all other conditions, restrictions, and safeguards
imposed herein, including but not limited t o t he following: None.
Section 2. That the City Manager is hereby directed to amend the official zoning
map
oft City of Grapevine, Texas, to reflect the herein conditional use permit.
Section 3. That in all other respects the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of
Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan fort purpose of promoting
health, safety, morals and the general welfare oft community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from
fir flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions fort normal business, commercial
needs and development of the community, They have been made with reasonable
consideration, among other things, oft character oft district, and its peculiar suitability
fort particular uses and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the
City of Grapevine, Texas, affecting zoning and shall not repeal any oft provisions of said
ordinances except in those instances where provisions oft ose ordinances is are in
direct conflict with the provisions oft is ordinance.
Section 6. That the terms and provisions oft is ordinance shall be deemed to be
severable and that if the validity oft zoning affecting any portion oft tract or tracts of
ORD. NO. 3
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Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of
land described herein shall be declared to be invalid, the same shall not affect the validity
oft zoning of the balance of the tract or tracts of land described herein.
Section 7. That any person violating any aft provisions oft is ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
not to exceed Two Thousand Dollars ($2,000.00)and a separate offense shall be deemed
committed upon each day during or on is a violation occurs or continues.
Section 8. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare aft inhabitants oft City of Grapevine, Texas, creates an
emergency for the immediate preservation aft public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of April 2013.
APPROVED:
ATTEST:
APPROVED ST FORM:
ORD. NO. 4
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