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HomeMy WebLinkAboutItem 01 - CU11-34 Marriott Courtyard Towneplace Suites TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JANUARY 17, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU11-34 MARRIOTT COURTYARDITOWNEPLACE SUITES I I t , �, , ;`— ----------- --i�. °ryir Grapevine 5�' APPLICANT: Paul Lee of Huitt-Zollars, Inc. I poke ye 9d. 11 i I � I.H.1635 Northwe PROPERTY LOCATION AND SIZE: N I The subject property is located at 2200 Bass Pro I Court and proposed to be platted as Lot 1, Block 1, 11-Johnson �y Airport f Silver Lake Crossings Addition. The addition 1 Ha , _ a contains approximately 9.08 acres and has 25 feet of I -- _ LA .0 _ 1 frontage along Bass Pro Court. 0 I Glade Rd. F C y❑ } REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow for the development of a hotel 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. The applicant proposes a co-branded hotel product(Marriott Courtyard and TownePlace Suites) six stories in height (69.5 feet) with a total of 300 rooms—all which will be a minimum of 380 square feet in size or greater. A full-service restaurant is proposed with on-premise alcohol beverage sales and an outdoor patio with speakers. Meeting space totaling 10,000 square feet along with a 1,000 square foot swimming pool is also a part of the request. Lastly the applicant proposes a 20-foot pylon near the entrance to the site. O:LZCIJ=1-34.4 1 January 12,2012(10:48AM) PRESENT ZONING AND USE: The property is currently zoned "CC"Community Commercial District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property was zoned"SP"Specific Use Permit Zoning and"I-1" Light Industrial District prior to the 1984 City Rezoning. Portions of the subject property were once part of the Austin Ranch which received approval from Council (Z77-18 and Z81-44) for on-premise consumption of alcoholic beverages. At Council's September 21, 1999 meeting the subject and surrounding property (52.8 acres) was rezoned from "PID" Planned Industrial Development District to"CC"Community Commercial District(Z99-13) 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) 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 of the subject and surrounding properties 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 allow 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. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC"Community Commercial District—undeveloped vacant property SOUTH: "GU" Governmental Use District—D/FW International Airport EAST: "CC"Community Commercial District—undeveloped vacant property WEST: "GU" Governmental Use District—Corps of Engineers/Grapevine Lake, Cowboy's golf course AIRPORT IMPACT: 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. In"Zone C," industrial and commercial uses that can tolerate a high level of sound exposure are acceptable. With appropriate sound attenuation for the project, the applicant's proposal is an appropriate use in these noise zones. 01=1CU11-34.4 2 January 10,2012(8:1 SAM) MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial Land Use. The applicant's proposal is in compliance with the Master Plan. Irs 0:VCU=11-34.4 3 January 10,2012(8:15AR Li IA HCO2Teee ii ,RS 14AISAC 5 4.0WAC TR W 2625AC TR 6 MEN 926AC TR 6A GC ,SSSAC owl �3F - 2.060 0.7 M. • • • • . w • • RI . a • • • . • FR SA. z TR WA • - a a r a.11SAC 2BW0 4140 ' TM`2�Is�c• TR u 4M e VIAG) TR 2 TR 6 lR 4 21 AC 17.666AC M68.669AC TR 9R TR 2 21 AC TR 4 TR S 96466 17.666AC AC TR 4 96666AC TR 2M 21"A6 0 CU 11 -34 1 inch =400 feet Courtyard by Ma rriott/Town e Place Suites ,01 CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Applicant Name: Paul Lee-Huitt Zollars,Inc. Applicant Address: 500 West 7th Street,Suite 300 city/Statelzip Fort Worth,Texas 76102 Phone No. (817)335-3000 Fax No. (817)335-1025 Email Address Mobile Phone (817)522-2854 Applicant's interest in subject property lOwners Engineer PART 2. PROPERTY INFORMATION Street Address of subject property i aao o Sass . , a CA- -Legal Description: Lot 1 Block 1 Addition Bluffs at Grapevine Addition Legal description of subject property(metes&bounds must be described on 8112"x 11"sheet Size of subject property: acres 4.037 square footage 393,650.85 Present zoning classification C Community Commercial Distrlc, Proposed use of property Hotel Zoning ordinance provision requiring a conditional u5 Hotel Alcoholic Beverage Sales PART 3. PROPERTY OWNER INFORMATION Property Owner Grapevine Equity Partners,LLC Prop Owner Address 1135 I(Inwest Parkway,Suite 150 city/State/Zip Irving,Texas 75063 Phone No. (214)774.4650 Fax No. (214)260-3724 ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the some letter,describe or show on the site plan,and conditional requirements or conditions imposed upon the particular cond idonal use by applicable district regulations(example:bufferyerds,distance between users) • In the some letter,describe whether the proposed conditional use will or wilt not cause substantial hi f#Y, to:rhq alus,' ,.or t of other property in the neighborhood. Also,describe how the proposed conditional use will add tome tIc1e;.uss yr�r#joynrenf of otbrproperty in the neighborhood. • Appiicetlon of site plan approval(Section 47,see affached Form). ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. l!' r;i a • 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 ar*enda,your application may be scheduled to a later date. • All public hearings w1#be opened and testimony given by applicants and interested cifizenry_ 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. ❑ 1 have read and understand all the requirements as set fo►th by the application for conditional use or conditional use permit and acknowledge that a#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 Paul Lee Print Applicant's Name Applicant's Signature The State of 72-r xR - County of Before me(notary) i94,e e gx 4�5'c F E x- 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 thisF6-R day of 7aA/, ,A.D. .20// [FOR : MY COMM MION EMES Notary In and Fte of r Print Property Owner's Name Property Owner's Signature The State of County of `� LL:� C"s Before me (notary) /kr%C A F-CtV-1e C on this day personally appeared(applicant) �>MM" 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 `y day : A.D.A.D. aF 4 run7GLi�h7IlCC I MY COMMISSION rx�IRES De wr&r14 2012 Notary In and For State of ;� , C NO 1 ED EY,,r—B 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 met at the time of submittal. Signature of Applicant Date Signature of Property Owner , Date r, rvq,.y � , 1100 erf c aw ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 CU11-34 FOR A HOTEL WITH THE POSSESSION, STORAGE, RETAIL SALE, AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT, INCREASE IN HEIGHT, OUTDOOR SPEAKERS 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; DECLARING AN EMERGENCY 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 considerthe 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 otherthings the characterof 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 ORD. NO. 2 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 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 of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code, by granting Conditional Use Permit CU11-34 to allow a hotel development with the possession, storage, retail sale and on-premise consumption of alcoholic beverages(beer, wine and mixed beverages) in conjunction with a restaurant, increase in height, outdoor speakers and a 20' pole sign (Marriott Courtyard/TownPlace Suites), in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1, Block 1, Silver Lake Crossings Addition (2200 Bass Pro Court)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. "'11!"'hat 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 forthe nominal 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. ORD. NO. 3 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 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 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 of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the 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 17th day of January 2012. APPROVED: ATTEST. APPROVED AS TO FORM: ORD. NO. 4