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HomeMy WebLinkAboutItem 01 - CU14-06 First Bank TexasTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: MARCH 18, 2014 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU14 -06 FIRST BANK TEXAS I I I ----- - - - - -- -- - ��— Grapevine Lake CO* APPLICANT: Justin Sharp pct- I I e Ra I. H. 1635 PROPERTY LOCATION AND SIZE.: N The subject property is located at 301 East State Highway 114 and is described as Lot 1A, Block 1, Grandy's of Grapevine. The lot contains FW FW Hall- Johnson Sy�so ADport a approximately 35,251 square feet. The property has T____ L-t _ approximately 219 feet of frontage along Municipal Way and 150 feet along East State Highway 114. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow a bank with drive - through service and a 25 foot high, 120 square -foot pole sign. The applicant proposes utilizing an unoccupied former Grandy's restaurant to establish a 3,792 square foot bank with drive through (First Bank Texas) on the subject site. Access is provided by three existing driveways, two on Municipal Way, one on Capital Street, and an existing access easement. Four drive - through lanes are proposed on the north side of the bank in addition to an ATM located along the west elevation of the bank and accessed by the drive - through lane of the former restaurant. The required parking for the proposed use is 13 spaces and 38 spaces are provided. A 10 foot high, 96 square -foot monument sign is proposed adjacent to the intersection of the State Highway 114 Service Road and Municipal Way. An existing pole is proposed to be utilized for a 25 foot high, 120 square - foot pole sign located at the southeast corner of the subject site adjacent to the State 0:\ZCU \CU14 -06.4 1 March 13, 2014 (1:45PM) Highway 114 service road. Approximately 3,666 square -feet of the subject site was acquired by TXDOT for the expansion of State Highway 114. If approved, this will be the first reading of an ordinance. The subject site requires approval of a special exception by the BZA Board due to the minimum open space requirements of the subject site and setback requirements for the proposed pole sign. These items will be heard before the Board of Zoning Adjustment at their April 7, 2014 meeting. If approved by the Board, the second reading will occur at the Council's April 15, 2014 meeting. The subject property is currently zoned "CC" Community Commercial District and is developed with an unoccupied restaurant. HISTORY OF TRACT AND SURROUNDING AREA: The subject site was rezoned in the 1984 City Rezoning to PCD. The site was home to a Grandy's Restaurant which developed in 1987 and was required to rezone from "PCD ", Planned Commerce Development District to "CC" Community Commercial District due to the minimum two acre lot size. At the August 15, 2000 meeting City Council approve conditional use permit C000 -34 (Ord. 00 -84) to replace a pole sign with a 30 -foot pole sign. The property to the east was rezoned in the 1984 City Rezoning to PCD, Planned Commerce Development. Zone change request Z87 -17 approved the existing "CC" Community Commercial District. At the March 18, 1997 meeting a conditional use request (CU97 -02, Ord. 97 -25) was approved for the Burger King on the subject site however the applicant allowed the conditional use permit to expire. A conditional use request (CU99- 76, Ord. 00 -11) for a drive through restaurant (Burger King) and a 40 -foot pole along the frontage of State Highway 114 was approved at the February 15, 2000 meeting. City Council at the September 16, 2008 meeting approved conditional use permit CU08 -19 (Ord. 08 -49) for an expansion to a restaurant with alcoholic beverage sales. The Site Plan Review Committee at their October 28, 2009 meeting approved revisions to the floor plan along with some other minor interior changes. Prior to the approval of the Burger King the site to the east remained undeveloped with the exception of the adjacent Kinko's /Fed Ex Copies. The Chevron /McDonalds and properties to the north were rezoned from "S -P ", Site Plan zoning and "C -2 ", Community Business to "CC" Community Commercial District and "PO ", Professional Office District in the 1984 City Rezoning. The Chevron was renovated in 1990 in accordance with CU90 -05. At the July 16, 1996 meeting a conditional use request (CU96 -16, Ord. 96 -46) was approved the redevelopment of the Chevron /McDonald's property allowing a convenience store with gasoline, off - premise alcoholic beverage sales, and a car wash in conjunction with a restaurant. At the September 17, 1996 meeting a conditional use request (CU96 -27, Ord. 96 -80) was approved a 40 -foot pole sign on the 0:1WWW14 -06.4 2 March 13, 2014 (1:45PM) Chevron /McDonaId's site. The Site Plan Review Committee on May 2, 2012 approved conditional use permit CU12 -12 to expand the drive through to a double drive through lane. A conditional use request (CU05 -43, Ord. 05 -56) for a planned commercial center (Epicentre at Grapevine) was approved at the July 19, 2005 meeting on the "PO" Professional Office District zoned property on the east side of South Main Street north of Capitol Street. A conditional use request was approved at the March 21, 2006 meeting on the Epicentre site to establish a restaurant (Bob' Steak and Chop) with on- premise consumption, storage and sales of alcoholic beverages (beer, wine and mixed beverages). A conditional use request was approved at the December 19, 2006 meeting on the Epicentre site to establish a restaurant (Fireside Pies) with on- premise consumption, storage and sales of alcoholic beverages (beer, wine and mixed beverages). The Site Plan Review Committee (SPRC) at their August 27, 2008 meeting approved conditional use request CU08 -14 to allow outdoor seating for Fireside Pies. The former First National Bank of Grapevine (presently Wells Fargo) was on November 11, 1995 rezoned (Z95 -16, Ord. 95 -89) from "PO" Professional Office District to "HC" Highway Commercial District to accommodate the expansion of the former Payton - Wright Dealership onto their property. The property to the south was rezoned from "PID" Planned Industrial Development District to "CC" Community Commercial District. The property has developed as the Super 8 Motel, National Tire and Battery, Schlotzsky's Restaurant and Salt Grass Steakhouse. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC" Community Commercial District — Comfort Inn SOUTH: "CC" Community Commercial District - Salt Grass Steakhouse, National Tire and Battery and Super 8 Motel EAST: "CC" Community Commercial District — Lava 10 Restaurant and Fed Ex/Kinko's WEST: "CC" Community Commercial District — Chevron /McDonaId's Restaurant AIRPORT IMPACT: The subject tract is located within "Zone A" Minimal Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas /Fort Worth Regional Airport Environs" map. Few activities will be affected by aircraft sounds in Zone A, except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. 0:\ZCU \CU14 -06.4 3 March 13, 2014 (1:45PM) MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. This request is in conformance with the Master Plan. The Thoroughfare Plan designates Municipal Way as a Type E Collector requiring a minimum right -of -way of 75 feet to be developed as 4 lanes. /at 0:\ZCU \CU14 -06.4 4 March 13, 2014 (1:45PM) PART 1. APPLICANT INFORMATION Name of applicant/ agent: /company /contact CITY OF GRAPEVINE CONDITIONAL USE APPLICATION • Street address of applicant/ agent: Zat iq -Pajr City / State / Zip Code of applicant / agent: h ii U t Telephone number of applicant / agent: i Fax number of applicant /agent 11- 1-1- - Email address of applicant/agent Mobile phone number of applicant/agent * 11- - }� Telephone number of propert owne : Fax number of property owner: FEB 7 2014 0 ❑ 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 to the value, use, or enjoyment of other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of other property in the neighborhood. ❑ Application of site plan approval (Section 47, see attached Form `B'). ❑ The site plan submission shall meet the re uirements of Section 47, Site Plan Requirements. ❑ All conditional use and conditional use applications are assumed to be complete when filed 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 citizenry. Public 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 conditional use permit can only be approved by city council through the public hearing process. ❑ I 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 REQUEST SIGN ON THE SUBJECT PROPER Print Applicant's Name: The State of - &Ck County Of l "y CS� - ST AND PLACE A CONDITIONAL USE Signature: Before Me � OI-1 on this day personally appeared ' 1 \ss- n � ric (notary) (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 C_ AMRMDERWN MY COMMISSION EXPIRES MQy21,2D17 AAto k e t, Yok �, - 4A 1A, Print roperty�Owners Name: The State Of ' y o'r* 0'a-Y-0I ina- day of T-e V-} 1( LNJ , A.D. AVVK&'Ak� OA otary In And For Stdte Of Texas Property County Of M�((Y41cylbLkyq (, /� /� �� n� Before Me EI�I � ®� I 1 Q� on this day personally appeared V • t�.t".o(r) o, ?8V Lt -U n � ai r t (notary) (property owner) E8 2014 All Conditional Use and Special Use Applications are assumed to be complete when filed 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 citizenry. Public 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 shall 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 filing 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 period. I have read and understand all 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 meta a ime of submittal. MM Date: Date: 2., � -(` First February 3, 2014 City of Grapevine 200 South Main Street Grapevine, TX 76051 Re: 301 East State Hwy 114 To Whom It May Concern: In reference to the above mentioned property, we are submitting this letter for the Conditional Use Application. The property is zoned CC and is going to be used for a Banking Facility. The proposed use will not harm the value, use or enjoyment of other property in the neighborhood. We feel with the remodel of the building, inside and out, will do nothing but increase the value. If you have any questions or need further information, please call me at 817 -694- 4659. Area President ► IU11 � E 4201 Airport Frwy 0 Bedford, Tx 76021 ® Main 817 -553 -2500 0 Fax 817 -553 -2501 + www.go2fbt.com ORDINANCE NO. C uI,- 66o Fly S7` &4l< 7-FM -s AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU14 -06 FOR A BANK WITH DRIVE THROUGH SERVICE AND A POLE SIGN IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82 -73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control 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 of this 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 of the 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 of the 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 for the granting of this 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 which existed at the time their 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 classified 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 of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ON GRAPEVINE, TEXAS: ORD. NO. 2 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 of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code, by granting Conditional Use Permit CU 14 -06 to allow for a bank with drive through service and a 25 -foot pole sign in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1A, Block 1, Grandy's of Grapevine (301 East State Highway 114) 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 to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the 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 for the purpose of promoting health, safety, morals and the general welfare of the 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 fire, panic, 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 for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the 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 of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. 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 of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum ORD. NO. 3 not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 18th day of March, 2014. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the day of I ATTEST: F-AW N 1.0100:1 bF.T.Aff M. 0 ORD. NO. 4 iiiiii, 'III! l�� 11111''Illipill 1111111111111111 11 Iilill�illillill III I I III lill mil"711 Zi SITE- DATA lCHART ITEM REWIR-E-111) PROWDEV LOT AREA 30o0_00 S.F. 35o251, S.F. OPEN SPACE 7oO.50 S.F. 6,13053.F. OPEN SPACE% 20% .SLOG COVERAGE 21g150 S.F. 31972:3,X. COVERA89% 60% 11.29% IMI04WIOUS AREA 28o F.. 2A v973 S-V- 110110-4,KVIIGUS AREA 80% 7"% BUILDING HEIGHT soil 25 P' 14 38 SHALL, BE MET DURING THE PERIOD OF CONSTRUCTION. MOIL 1. CONDITIONAL USE REQUEST CU14-06 IS A REQUEST TO ALLOW A 3.9,72 SQUARE FOOT BANK WITH DRIVE-THROUGH SERVICE AND A 25' IN HEIOHT,POLE SIGN ON A CURRENTLY EXISTING POLE AT THE SITE. DREMNAL ' AND OR CONVENIENCE St" SHALL NOT EXCEED A.HEIGHT OF 42"- ANY WGO OR COMPANY NAME SHALL NOT EXCEED 10X OF THE SIGN - CABINET SHALL NOT EXCEED 5 SQUARE FEET AS PER CITY RE", EMENTS 2. ALL ON SITE ELECTRICAL CONDUCTORS ASSOCIATED WITH NEW CONSTRUCTION SHALL BE LOCATED UNDERGROUND. 3. MECHANICAL AND ELECTRICAL EQUIPMENT, INCLUDING AIR R D ON CON I TI NG I UNITS, SHALL BE DESIGNED, INSTALLED AND OPERATED TO: MINIM14ZE NOISE IMPACT ON THE SURROUNDING PROPERTY. ALL SUCH EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. 4. THE MASONRY REQUIREMENT OF SECTION 54 SHALL BE MET. 5. ALL REQUIREMENTS OF THE GRAPEVINE SOIL EROSION CONTROL ORDINANCE SHALL, BE MET DURING THE PERIOD OF CONSTRUCTION. 6. LIGHTING LEVELS AT THE PROPERTY LINE MAY NOT EXCEED 3.0 FOOTCANDLES- PROPOSED POLE SIGNS WERE INCLUDED IN THE DETFM' 111NATION OF T-liE iLLUMINA-nON LEVELS. 7. DRIVE-';THRU LIGHTING SHALL BE RECESSED TO PRE-VENT REF-LEC*flVE GLARE AS REQUIRED c 4 F-A PRsPAr" TATE HIGHWAy nag ftft " %VAR MW'W-WAY WVAft MMM, N DOMENS-10K CONTROL PIAN (D maArm mama - fufff Lm VICINTY MAP .............. ... NMI WWY QkW HANYWAK AM REOUNWAEKM " MAW. PN= TO C0NSTMkCTtCM-- r&r.AL la,REFUSE ENCLOSURE ELEVAT50N 71 I I: 02-24-14 Al 9 I'L�LAMIROPSCAPE PLAN . A ,1 • STATE HIGHWAy 999 MA& FADS `�"-�"Y, .4 4-- , � �rq mvaw 4s $8 WAMM SCAM G1— sutc t t,� i B, jj (t�l:T TQ S9Atf) l LEGEND: EMEND:: v^ �r, f / �—+�^ ^C) e EXISTING SHRUBS m NEW 8 GAL. SHRUBS 6 EXISTING SIGNIFICANT TREE - NEW LARGE CANOPY E GM CA* . 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