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Home My WebLink AboutItem 02 - CU11-35 Park and Wall Office Condominiums GG A /3 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION �I,„ ` FROM: BRUNO RUMBELOW, CITY MANAGER 1'�C•� SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR J MEETING DATE: JANUARY 17, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU11-35 PARK AND WALL OFFICE CONDOMINIUMS rt Grapevine Lake g�, APPLICANT: Grapevine Wall J.V., 0 %Rd I I I I.H.1635 °rtnwes PROPERTY LOCATION AND SIZE: "a �? The subject property is located at 1929 West Northwest Highway and is platted as Lots 1 through Hall-Johnson sy, AO�= 5 and Lot 6R, Park and Wall Addition. The addition L contains approximately 7.69 acres and has multiple street frontages along Park Boulevard, West F Glade Rd. Northwest Highway and Wall Street. 0 3 REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU06-17 (Ordinance 06-41)for a planned commercial center, specifically to allow the development of seven office/retail buildings on Lot 6R. The applicant proposes to develop seven buildings totaling 30,500 square feet on the last remaining lot within the Tom Thumb shopping center. It is the applicant's intent to provide multiple, separate office/retail buildings which resembles the previously approved lot layout. On June 20, 2006 the subject site was approved for the development of seven buildings totaling 27,296 square feet which were never constructed. O./ZCUICU 11-35.4 1 January 8,2012(7:57AM) PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District with a Planned Commercial Center designation developed as a Tom Thumb grocery store and shopping center. A very small portion of the planned commercial center with frontage along West Northwest Highway is zoned "PO" Professional Office District. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned in the 1984 City Rezoning from T-1", Single Family to "PO", Professional Office. In 1988, the City Council approved a Zone Change Request (Z87-02, Ord. No. 88-06)to "CC" Community Commercial for the Park and Wall Addition. A portion of Lot 3, just east of the Living Word Lutheran Church was deed restricted to "PO" Professional Office District with that zone change. A Conditional Use Permit(CU88- 06, Ord. No. 88-74)was approved for a Planned Commercial Center, a 40 foot pole sign to be located at the corner of Park Boulevard, State Highway 114 and Wall Street, and to allow Tom Thumb (Lot 4)off-premise alcoholic beverage sales. A Conditional Use Permit (CU90-10, Ord. No. 90-41)was approved with amendments to Lot 4 to allow Tom Thumb to add 3,480 square feet to the entry vestibule and amend the area for beer and wine storage, add temporary promotional display areas for beer and wine, relocated both store entries and the handicapped parking spaces to provide several cart storage areas in the parking islands and revised the exterior building facades. Conditional Use Permit(CU90- 14, Ord. No. 90-76)was approved to allow on Lot 1 the Chevron gasoline and convenience store with off-premise consumption of alcoholic beverages. Conditional Use Permit(CU91- 20) was approved to allow the enlargement of the vestibule area by 496 square feet. Conditional Use Permit (CU94-09) was approved to allow on Lot 5 a 21,118 square foot retail site addition to the west of Tom Thumb. Conditional Use Permit(CU94-34, Ord. No. 94-108) was approved to allow on-premise consumption of alcoholic beverages in conjunction with a restaurant on Lot 5 (322 Park Boulevard South). Conditional Use Permit (CU95-09, Ord. No. 9524) was approved to allow on Lot 3 an 11,238 square foot strip office center. Conditional Use Permit (CU96-11, Ord. No. 96-34)was approved to allow outdoor storage of wood in conjunction with a restaurant on Lot 5 (322 Park Boulevard South). Conditional Use Permit(CU97-20, Ord. No. 97-54)was approved to allow on Lot 2 a 3,600 square foot building for personal service and retail development. Conditional Use Permit (CU98-11, Ord. No. 98-11) was approved to revise the retail building on Lot 2. Conditional Use Permit CU99-70 (Ord. No. 00-15) was approved in February 2000, permitting outdoor dining at Sonny Bryan's Smokehouse Restaurant. The Site Plan Review Committee at their June 20,2001 meeting approved Conditional Use Permit CU01 01 allowing for an amended sign for the Bank of Texas. At the October 16, 2001 meeting, Council approved Conditional Use Permit CU01-52 (Ord. 2001-81)to allow for additional parking for Eckerd's. At the September 16, 2003 meeting, Council approved an amendment to the conditional use permit for the Tom Thumb shopping center(CU03-33) allowing for a 390 square foot retail gasoline sales area however it has not been constructed. At the June 20, 2006 meeting, Council approved an amendment to the subject site CU06-17 (Ord. 2006-41) allowing for the development of seven office/retail buildings totaling 27,266 square feet on the last remaining lot of the Tom Thumb shopping 0-RCUICU 11-35.4 2 January 9,2012(7:57AM) center however it has not been constructed. At the October 21, 2008 meeting, Council approved CU08-26 (Ord. 2008-58) allowing for revised elevations for a drive-thru bank west of the Tom Thumb shopping center. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "PO"Professional Office District, "R-7.5"Single Family District,and "R-20" Single Family District—Lutheran Church, Medical Offices, Verizon Building, Brookside Addition, and Manor Oaks Addition SOUTH: "CC" Community Commercial District—Shell Service Station EAST: "PO" Professional Office District—Lakeview Office Park WEST: "HC" Highway Commercial District—Bank of Texas, Viewpoint Bank, O'Reilly's Auto Supply, CVS Pharmacy AIRPORT IMPACT: The subject tract is located within "Zone A" zone of minimal 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. 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. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Northwest Highway as a Type C, Mirior Arterial with a minimum 80-foot right-of-way to be developed as four lanes with a turning lane. /at 01MU/CU11-35.4 3 January 9,2012(7:57AM) 10 11 J.5 o i1 1z 20 fi g 5R :3 J 19 1 CN 1°R 10 13 15 14 4 ` a 12 4 Y�1 9 10 4 Or,2 MPTS Sp 3 B 3 ^ U 9R2 h�. iu 4 7 R 2 e - 0 9R1A 2R g 2 A CC 3A 3R1B A 2 3 4l! 125s OFFK R-20 3ar lr A 3A 1A 2 3 5 1A .OUR31� 1A •y �C 1 ,,"� uk 3 -- r� 1 {� to w 126s 'ik j60-12* TH EST HWY �� /�1 W NORTHWES , N 'E 2 1 4 r+ .916g 2R 1-61 7,@ 1..054 ' 2R Sp N. 3 t .076 C Bab L . _ -so 3R1 2A r5 134511@ 1 03 AC r Vk 9 4 .9a7 5-250 F �4 TR 9A2 .. ty 5211 @ TR 3A2B �iC 2.00 @ z.255 03 1R1 1 f Q 1A 1 1 R R 3 , 20 1 2 1 2 4 20 1 1.09 @ 1R1 �..$„ 3.371 BR2 7 1g _ 19 2 5 5 2 jj SR1 .B R ® 2 R 2 9A 1a 1a +u 9 �Y,+' u 9 17 7R 0� 10 11 12 I S I 19 4 18 2.20 5R SU�GFr 17 15 14 6 15 6 T 15 T 15 14 a t4 7 CU1 1 -35 f inch =300feet Park & Wall Office Condominiums GIU ENE l r• T C x A 3 CITY OFGRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Applicant Name: Applicant Address: City/State/Zip C) r Phone No. g r� - e5 �`4 c> _:5 1` Z Fax No. � �' ti`s • 5.y�, �S�3 Email Address : Mobile Phone Applicant's interest in subject property ,t - PART 2. PROPERTY INFORMATION Street Address of subject property Legal Description: Lot Block `� Addition WC.t Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet Size of subject property: acres rJa square footage lad g Present zoning classification y. � Proposed use of property _ Zoning ordinance provision requiring a conditional usel. PART 3.PROPERTY OWNER INFORMATION Property Owner rr G.C.-OLOr`?i rte, ..kn � Prop Owner Address City/State/Zip Phone No. CD-, 0 zz-lq : Fax No. ❑ Submit a letter describing the proposed conditional use and note the regriest on the site plan document O In the same letter,describe or show on the site plan,and conditional requirements or conditions Imposed upon the particularconditional use by applicable district regulations(trample:buffer yards,distance between users) 13 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. d Application of site.plan approval(Section 47,see attached Farm"B"). ❑ The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. ❑ All conditional use and conditional 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 maybe 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 r council through the public hearing process. El l have read and understand all the requirements as set forth by the application for conditional use or conditional use pen'nit and acknowledge that alt 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 S M l OL V—��5 Print Applicant's Name Applicant's Signature The State of �kp�S County of Before me{notary) �. Q an 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 _ . y 5;L4eMk2e/ A D D t July 09.2D13 TF.IaFq R06ERi;l; � 1�--�-c_ Notary In and.For State of Print Property Owner's Name Propertybwner's Signature The State of County of �Ck r f Con Before me(notary) e r r , v � on this day personally appeared(applicant) zy 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 S day of �c.2mb� ,A.D. ,�W�� Commission M y July oe,2013 Notary In and For State of l� �L A C NOWLE GEMEN i I' 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 4. �_; THE MAKENS COMPANY MEMORANDUM TO: PIr1NNING DF.PiW1 1IENT CITY OF GI(AII=VINI?. s FROM: JIeI NL-1 CP.NS An M C GrNE101,PARlNEA e s r SUBJECT: PROPOSt?D DEVL 1.OPM1-- 'I' NWQ OF NORTIRVEST HI(:I-WAY&PAR,-BLVD. UOT 611 BLOCK A PARK&XXIALL ADI)I'I'ION 4 c DATE- 4/9/2012 rl i a This property is currently known as Lot 6R, Park & Wall Addition, contains approximately 196,917 square feet of land (4.5209 acres), and is the land bordered by Tom Thumb on the west, GTE switching station and Northwest Highway on the North, a creek and pond on the east and south. The property is part of a community cominercial development which was created in the early 1980'3. The property has approximately 20'of fall in elevation from west to east and is heavily treed r with most of the trees less than 8"in caliper. We have owned the property since 1993. Over the last 18 years we have attempted to find retailers to locate on this property. In 2006 we submitted this same development plan to the city of Grapevine and Ave were approved.However the were not able to secure any tenants and as a result decided not to develop. Recently over the past 3 months we have received interest from various medical users that have an interest in locating to this property based on the original plan that vas approved in 2006. It is our opinion that this property is now ready for development. The purpose of out conditional use request is to accommodate multiple free standing office/retail/medical buildings. The area fronting Northwest Highway is currently zoned Professional Office and the remainder of the property is zoned community commercial. The proposed plan is to build a concrete private road connecting to die existing curb cut on Northwest Highway (which will be limited to a right in - right out, as requested by city council in 2006) to an existing internal access road within the existing development. Each pad site is designed to have frontage and access to the private road. The private road will be owned in common by the property owners association. By creating several smaller office/retail pad sites we are able to minimize post development grade changes from die existing grade thus saving many trees which would otherwise be destroyed. 3231 Harwood Rd., Bedford, 7X 76021 Phono(817)540-3229 Fax(8 f 7)540-1583 www.makens.com ry This proposed development represents a huilding coverage of approximately 16% (building area to total land area) and an open space area of approximately 35% which exceeds the required open space area by 15%. 'This land is currently vacant and has a low ad-valorem tax value. Developed the tax valuation should exceed 4 million dollars. This development will bring in additional employees and customers to the Tom Thumb shopping center. This design mitutnizes tree loss, prevents the stacldng of left turn traffic coming from Northwest High-vay (which would otherwise impact the residential traffic floe to and from the neighborhood to the north) and is compatible with the office development to the east. As a result this plan will not cause harm to the value,use,or enjoyment of other property in the neighborhood. Instead this plan -will add value and enjoyment to other property in the neighborhood. With the various expansions of Baylor hospital we believe there is a heightened demand for medical facilities in close proximity to the Baylor Campus. Currently we are speaking to two medical groups that are not currently in the area. The conditional use approval is being requested due to the fact that the individual buildings now require a revised"Conditional Use Site Plan"as per the original developer's agreement with the City of Grapevine. a ORDINANCE NO. l 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 CU11-35 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-41 FOR A PLANNED COMMERCIAL CENTER FOR THE ADDITION OF SEVEN OFFICE/RETAIL BUILDINGS IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS AND "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 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 propertywith 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, an is in the best interest of the public at ORD. NO. 2 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 CU11-35 to amend the site plan approved by Ordinance No. 2006-41 for a planned commercial center specifically to allow for the addition of seven office/retail buildings totaling approximately 30,500 square feet in a district zoned "PO" Professional Office District Regulations and "CC" Community Commercial District Regulations within the following described property: Lot 6R, Park and Wall Addition (1929 West Northwest Highway) 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. 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