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HomeMy WebLinkAboutItem 11 - CU14-06 First Bank TexasMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: APRIL 15, 2014 SUBJECT: CONDITIONAL USE REQUEST CU14 -06 (SECOND READING) RECOMMENDATION: Staff recommends the City Council approve Conditional Use Application CU14 -06 on the second reading of an ordinance, and take any other action necessary. Conditional Use Request CU14 -06 was submitted by Justin Sharp and approved on the first reading of an ordinance by Council at the March 18, 2014 meeting. The request was to allow a bank with drive - through service and a 25 foot high, 120 square -foot pole sign in the "CC" Community Commercial District. The subject site has lost approximately 3,666 square feet due to the expansion of State Highway 114. The applicant's intent is to utilize an unoccupied former Grandy's restaurant to establish a 3,797 square foot bank with drive through. The Planning and Zoning Commission at the March 18, meeting recommended creating additional open space on the subject site by converting excess parking spaces into new landscaping. As shown on the plot plan, five parking spaces, four adjacent to State Highway 114 and one adjacent to Capitol Street have been converted to open space. The applicant sought approval of a special exception from the Board of Zoning Adjustment relative to the front yard landscape area requirement and the required setback for a proposed pole sign. The site is unable to meet the front yard landscape requirement and pole sign setback requirement adjacent to State Highway 114 because of the loss of frontage from the subject property. The BZA Board approved the special exception request at their April 7, 2014 meeting. /at O: \ZCU \C U 14 -06.41 April 9, 2014 (1:36PM) i[ MINgm 3.311 @ c . • ! 1 �r am we * I ; W SH Sim 3A 8838 @ 4A 7264 @ SH 121 NS SH 114 EB TR 4A4 .93@ TR 1N1 8.6285 @ TR 8Ei 3.07@ TR 8 12.518 AC ai i' �' • Texas TR 2 7.4405 @ TR 2E 6.655 @ 7 1.3205 @ 2 3 6R1A 1.8383 @ 1.9074 @ 2.5822 @ SA ovk ®Q _ 2.345 @ lam` 7- C,83 7. $g6 2 7 4 .6887 8B 2.8557 @ 3A 8838 @ 4A 7264 @ SH 121 NS SH 114 EB TR 4A4 .93@ TR 1N1 8.6285 @ TR 8Ei 3.07@ TR 8 12.518 AC ai i' �' • Texas TR 2 7.4405 @ TR 2E 6.655 @ CITY OF GRAPEVINE CONDITIONAL USE APPLICATION • PART 1. APPLICANT INFORMATION Name of applicant /a /company /contact /ey�nc�t: Street address of applicant /agent., City / State / Zip Code of applicant / agent: -iLtogl Telephone number of applicant/ agent. Fax number of applicant/agent �1I- 5�- 1)0 q1`i° 6ci 3- o! Email address of applicant/agent ' .s t .th y Mobile phone number of applicant/agent Applicants interest M subject property: PART 2. PROPERTY INFORMATION Street address of subject property apt Eft' s7-�4Tr NjelikU)iorq I1 pv o ofF Legal description of subject property (metes & bounds must be described on t 112 "x 11" sh et) [ Lot 1 A Block 1 Addition r-7 0T `G.r 0) ne- Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner., ❑ 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 requirements of Section 41, 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 arknowledoe that all requirements of this application have been met at the time of submittal. • I b d a fel - • • t J a • - • •• Print Applicant's Name: The State of County Of—AWV Cl. Before Me It on this day personally appeared (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 acknowledged to me that he executed the same for the purposes and consideration therein expressed. day of A.D. AVya&AWA&V� otary in And For Stke Of Texas (Seal) Given under my hand and seal of office this e- MY AWANDEMM COMMISSION EXPIRES 21, 17 G,O pqe- Printtroperty Owners Caro The State Of. i V o bno, County Of Property Before Me Ern' Lo { bt4 I on this day personally appeared 0 - UDMID, i"&Q –kan Kal (notary) (property owner) 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 consikeration therein expressed. (Seal) Given under my hand and seal of office this -- W day of t (Va A.D. . Notary7n And For E/ 7 2ora I� filed All Conditional Use and Special Use Applications are assumed to be complete when and will be placed on • - •`. for public hearing at the discretion of the staff. Based on of • • your •• • be • •" to date. later Ali public hearings be opened • testimony given by • • and interested citizenry. Public -. • be continued to the next public hearing. Public • not be • • changes Any • a site • • matter how • or • approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. I have • and understand all of the requirements forth by the application for conditional use or special use permit and acknowledge that all requirements of this application been - of submittal. Date: d ° 3 r Date: q, t -( First City of Grapevine 200 South Main Street Grapevine, TX 76051 AM= I= In reference • the above mentioned property, we are submitting this letter for t Conditional Use Application. The property is zoned CC and is going to be use for a Banking Facility. • The proposed use will not harm the value, use • enjoyment • other property i the neighborhood. We feel with the remodel • the building, inside and out, wl do nothing but increase the value. If you have any questions or need further information, please call me at 817 -694- 4659. Area President iC 8 N-0-105 J Y ml 4201 Airport Frwy • Bedford, Tx 76021 • Main 817-553-2500 • Fax 817-553-2501 • www.go2fbt.com ORDINANCE NO. C tlIV- 60 Fr/z S-r &4/< 7-eMS 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 OF 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 CU14 -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 15th day of April, 2014. RKRINA 49 �m , ORD. NO. 4 SIGH CABINET AS REWIRED EXL4'RNG POLE BASE NEW Fl%NRE AS SPE GROUND LEVEL. _ EXISTING CONC BASE I •, M��SN 1 I ( i 1 I I I I I ( I ( a i I CAPITOL S ATE IG l Y FUR= Pa gpAB. WWAE 'a MY• "MGM PAS MN 1*-A-�DIMENSION CONTROL PLAN 11 [ I IIIIYI #�.�.�. \Loll/ SITE DATA CHART M MUM I a $ SITE DATA CHART M MUM IT !' N0 t CONDITIONAL USE REQUEST CU14 -06 IS A REQUEST TO ALLOW A 3,972 SQUARE FOOT BANK NTH DRIVE- THROUGH SERVICE AND A 25' IN HEIGHT POLE SIGN ON A CURRENTLY EXISTING POE AT THE SITE DIRECTIONAL, AND OR CONVENIENCE SIGNS SHAD. NOT EXCEED A HEIGHT OF 42`- ANY LOGO OR COMPANY NAME SHALL NOT EXCEED 10% OF THE SIGN - CABINET SHALL NOT EXCEED 5 SQUARE FEET AS PER CITY REQUIREMENTS 2. ALL ON SITE ELECTRICAL CONDUCTORS ASSOCIATED WITH NEW CONSTRUCTION SHALL BE LOCATED UNDERGROUND. 3. MECHANICAL AND ELECTRICAL EQUIPMENT, INCLUDING AIR CONDITIONING UNITS, SHALL BE DESIGNED, INSTALLED AND OPERATED TO MINIMIZE NOSE IMPACT ON THE SURROUNDING PROPERTY. ALL SUCH EQUIPMENT SHALL BE SCREENED FROM PUBLIC MEW. 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 POE SANS WERE INCLUDED IN THE DETERmisinON OF THE &=NAT= LEVELS. 7> IX6M: -1HRU LIGHTING SHALL BE RECESSED TO PREVENT REFLECTIVE (LIRE AS REQUIRED DESCRIPTION LEGAL LOT-IA, NAT IA. BLACK 1. ORANOYS OF GRWL AE - mxm� APPRWAL DWI NGT AU1NOFM ANY VIM N COKUC! WIN ANY COM OR OWOWANM WARTMW W OEVDAPDNNT SAS 1 xa d5 x ® I- ul W6 C1 -28-14 p02 -...Z$g�--14`44 03 25 l Al L LANDSCAPE PLAN 101 nA- a a F--1 ham! 11-:11 11i CAPITOL RL IAm "Wr VA*fi�r ftr _W_ � STREET T P rm " I I ) EXISITNG PARKING CONVERTED ® / ®, INTO LANDSCAPING � I - -, I I ---- - - - I I I I I I I ! 1 ( I1 I I I I ®I I I t II EXISITNG PARKING CONVERTED INTO LANDSCAPING i 4MM116 NIGLLB • P@T STATE HIGH WAY Pty PAY® V T�lr -O<iY MWAU PAMUr MIN j ! 1 (i4u„ 61„ Iit VICINTY MAP ,GAIL RY, LEGEND: FrA C EX m ISTINGSHRUBS 4 2014 O . NEW 3 GAL. SHRUBS ky REQUIRED ■ EXISTING SIGNIFICANT TREE INTERIOR% (UV£ PAK- r CAL Mw) ® ■ NEW LARGE CANOPY TREE 1 TRM PER 400 S.F. (0) (tom ONO PERIMETER . EXISTING MEDIUM CANOPY TREE 14 (BAD CYPRM) NOTE EXISTING IRRIGATION SYSTEM PRESENT FOR FULL SITE LANDSCAPE DATA CHART ITEM REQUIRED PROVIDED INTERIOR% 10% 2TA% INTERIOR TREES 1 TRM PER 400 S.F. (0) S PERIMETER 7 TREE PER So LINEAL F1Wn13) 14 NONA"ICULAR 1 TREE PER 4000 S.F. (0) 0 TOTAL REQUIRED LANOW.APE 20% OF SITE AREA =26% FRONT YARD SO% OF REQUIRED 51.12% :N" r'N , %JNCL: The owner, tenant and dwir agent, if any ,hail be jointt;� and ra(l} responsible forthe maintenance of ail landscaping. All required . scaping shall bemaintained ut a neat and orderly maun ®rat all tunes. This include mowing, edging, pruning, fertilizing, irrigation systeins, weeding, and r such activities common to the maiutenarnce of landscaping. Landscaped R shall be kept free of trash, litter, weeds and other such material or plants not a of the landscaping. ±U1 plant materials shall be maintained in a healthy and vin6 condition as is appropriate for tae- season of the year. Plant materials ;1x die shall be replaced with plan[ material of si nilar variety and size. )malicc in- ground irrigation system with rain and freeze: sensory capability is MICHAEL T. BARNES ARCHITECT LEGAL DESCRIPTION LOT -1A, BLOCK -1 GRANDY'S OF GRAPEVINE TARRANT COUNTY, TEXAS ZW MAC FWSt SANG rota+ unwmy we MA>.x anA-ae �LOr� aacx t�wrw�YS aAArcYtsE. WE FLW" AID W" CM05S u Sic APPROVAL Dm; MN AYM.= MY mW N ODAAAOT� 00.7 Q OPPARRiBNT OF MOAMWIT XWWO c i IIDS I I'= Z F6 M -28-14 C2 -24-14 E li L1 .� is Lei xt'q A3 d. Alft EAST ELEVATION kw C ri (" -20-14 as -24-14 02 -25-14 WEST,,ELEVATION 1 01-2&-14 02-2+-14 02_25_14 A5