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HomeMy WebLinkAboutItem 03 - Z12-14, CU12-37 Grapevine Golf CartsCC ITEM # 3, a 3 a N 7-0 /),7-1 3 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER �1� SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: DECEMBER 18, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z12 -14, CONDITIONAL USE APPLICATION CU12 -37 GRAPEVINE GOLF CARTS APPLICANT: Terry Hundley PROPERTY LOCATION AND SIZE: The subject property is located at 1380 West Northwest Highway and is proposed to be platted as Lot 2R, Block 1, Dove Road Addition. The property contains approximately 1.38 acres and has 216 -feet of frontage along West Northwest Highway. REQUESTED ZONE CHANGE, CONDITIONAL USE AND COMMENTS: The applicant is requesting a zone change to rezone approximately 0.229 acres from "PO" Professional Office District to "HC Hiahwav Commercial District and a conditional use permit to amend the previously approved site plan of CU04 -42 (Ord. 05 -05) for outside storaae in coniunction with a golf cart retail business. specifically to expand the outside storage area. With this request the applicant proposes to expand the existing golf cart business by adding two outdoor storage areas to the subject site. The first area of expansion is 0.229 acres currently zoned "PO" Professional Office District and located on the subject site immediately north of the approved golf cart storage area. The second area is adjacent and east of the subject site and contains 0.54 acres. Both areas will be paved along with a new six foot wooden screening fence installed along the north and east property lines of the eastern expansion area. 0:2CU212 -14.4 CU1237.4 1 December 10, 2012 (2:01 PM) PRESENT ZONING AND USE: The property is currently zoned "HC" Highway Commercial District and "PO" Professional Office District and is a retail golf cart business. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned "C -2" Community Business District prior to the 1984 City Rezoning. The property had previously been zoned "R -1" Single Family District and was rezoned in 1981 and developed as a retail business. Conditional use request CU04 -42 (Ord. 2005 -05) was approved at the January 18, 2005 meeting which established a new and used golf /utility cart sales and service use with outside display and outside storage on the subject site. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: SOUTH: EAST: WEST: AIRPORT IMPACT: "PO" Professional Office District — non - conforming single family residence "HC" Highway Commercial District — professional office, Concourse Automotive "HC" Highway Commercial District — Fox Rental "PO" Professional Office District -- Rose Plaza The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas /Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's request is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates West Northwest Highway as a Type "C" Minor Arterial with a minimum 80 -foot right -of -way developed as four lanes with a center left turn lane. /at 0:IZCUV12 -14.4 CU12 -37.4 2 December 10, 2012 (2:01 PM) zt'a - I PART 1. APPLICANTmm� Applicant Name: TERRY HUNDLEY Applicant Address: 1380 W NORTHWEST HWY City /State /Zip GRAPEVINE, TX 76051 Phone No. 817 - 251 -8032 Fax No. 817 -251 -0956 Email Address Mobile Phone 214 - 354 -4931 Applicant's interest in subject property OWNER PART 2. PROPERTY INFORMATION Street Address of subject property 1 380 W NORTHWEST HWY, GRAPEVINE TX 76051 Legal Description: Lot F2—Block F1 Addition DOVE RD ADDITION Legal description of subject property (metes & bounds must be descri bed on 8112" x 11" sheet Size of subject property: acres .54 square footage 23527 Present zoning classification ;> Requested zoning district Present use of property IGOLF CART STORAGE Proposed use of property GOLF CART STORAGE The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is a Minimum/Maximum District size for requested zoning PART 3. PROPERTY OWNER INFORMATION Property Owner TH HOLDINGS, LLC Prop Owner Address 1378 W NORTHWEST HWY City /State/Zip GRAPEVINE, TX 76051 Phone No. 817 -251 -8032 Fax No, 817 -251 -0956 ZIC - -I Lt O All Zone Chage Requests are assumed to be completed when tiled and will be placed on the agenda for public hearing at the descretlon of the stab. 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 concept plan approved with a zone change request can only be approved by city council through the public hearing process. ❑ ! have read and understand all the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN ON THE SUBJECT PROPERTY ITERRY HUNDLEY „ Print Applicant's Name A Iica &gnaty The State of i;;i-,:;4� County of,�,�t Before me (notary " ti ti. e:GLVv5 q 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 su scribed to the foregoing instrument and acknowledged tome that he executed the same for the purposes and conside ion therein expressed. (Seal) Given under my hand and seal of office this day of omy , A.D. �Z ITERRY HUNDLEY � Print Property Owner's Name Pr erty ers Signatu The State County of Before me (notary $r—f r��, Q� 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 su=1erein to the foregoing instrument and acknowledged to me that he executed the same for the purposes and oonsidera expressed. (Seal) Given under my hand and seal of office this! day of n , A.D. Z��-- KRISTIN RENEE PETERSON k , Notary Public STATE OF TEXAS Notary In and For State of My Comm. Exp. December t 6, 2012 1Z I-�:)- ACKNOWLEDGEMENT All Zone Change Request 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. AD 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 concept plan approved with a zone change request can only be approved by city council through the public hearing process. 1 have read and understand all of the requirements as set forth by the application for zone change request 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 4111-5 l PEISER MANKIN SURVEYING, LLC WHEREAS TH Holdings LLC, is the sole owner of that certain tract of land situated in the Thomas Mahan Survey, Abstract No. 1050, in the City of Grapevine, Tarrant County, Texas, and being a portion of that certain tract of land conveyed to TH Holdings LLC by deed recorded in Document No. D208380950, of the Deed Records of Tarrant County, Texas, and being a portion of Lot 3, Block 1, Dove Road Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 9649, Plat Records, Tarrant County, Texas, and being all of said Lot 3, Block 1 Zoned as PO, or Professional Office District, as designated by the City of Grapevine, and being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found for the southwest corner of said Lot 3, same being the southeast corner of Lot 1, Block 1, Rose Plaza Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 1957, said Plat Records, same being in the north right -of -way line of West Northwest Highway (State Highway Business No. 114) (a 100 foot right -of -way); THENCE North 00 deg. 00 min. 00 sec. West, along the common line of said Lot 3, and said Lot 1, passing a 1/2 inch iron rod found for the northeast corner of said Lot 1, same being the south east corner of Lot 1, Block 1, Grapevine Office Park, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 7398, said Plat Records, and continuing along the common line of said Lot 3, and said Lot 1 (Grapevine Office Park), a total distance of 219.90 feet to a point for the southwest comer of the herein described tract, and the POINT OF BEGINNING; THENCE North 00 deg. 00 min. 00 sec. West, continuing along the common line of said Lot 3, and said Lot 1 (Grapevine Office Park), a distance of 152.79 feet to a 112 inch iron rod found for the northwest corner of said Lot 3, same being the most westerly southwest corner of Lot 1, said Block 1, of aforesaid Dove Road Addition; THENCE along the common line of said Lot 3, and said Lot I (Dove Road Addition) as follows: South 90 deg. 00 min. 00 sec. East, a distance of 49.70 feet to a point in the approximate centerline of a creek; South 08 deg. 18 min. 29 sec. East, a distance of 18.50 feet to a point in the approximate centerline of a creek; South 12 deg. 32 min. 04 sec. East, a distance of 137.72 feet to a 1/2 inch iron rod found for the most southerly southwest corner of said Lot i (Dove Road Addition), same being the northwest corner of Lot 2, of said Dove Road Addition, same being the southeast comer of the herein described tract; THENCE South 89 deg. 58 min. 01 sec. West, through the interior of said Lot 3, and along the south line of aforesaid PO Zoning limits, a distance of 82.26 feet to the POINT OF BEGINNING and containing 9,986 square feet or 0.229 acre of computed land, more or less. PART 1. APPLICANT Applicant Name: ITerry Hundley Cu -7 •, 19111 • - # Applicant Address: 1380 W. NW Hwy City /State /Zip Grapevine, Texas 76051 Phone No. 817 - 251 -8032 Fax No. 817 -251 -0956 Email Address Mobile Phone 214-3544931 Applicant's interest in subject property Owner PART 2. PROPERTY INFORMATION Street Address of subject property >11W. NW Hwy. 13,8D Legal Description: Lot I` Block f 1 Addition Dove Road Addition Legal description of subject property (metes & bounds must be described on 8112" x 11" sheet Size of subject property: acres F4 4 �. square footage 23527 Present zoning classification HC Highway Commercial District Proposed use of property Golf Cart Rentals Zoning ordinance provision requiring a conditional use outside display of merchandise PART 3. PROPERTY OWNER INFORMATION Property Owner TH Holding LLC Prop Owner Address 1380 W. NW Hwy City /State /Zip Grapevine, Texas 76051 Phone No. 214- 354 -4931 Fax No. 817 -251 -0956 • 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 en o ent of other ro art D in the neighborhood 13 8 00 M � L'J M Application of site plan approval (Section 47, see attached Form �. ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. I N � SEP 4 2012 • 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 maybe scheduled to a later date. • All public hearings SIN 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 USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY ITerry Hundley 4ne��;7 Print Applicant's Name Appfi is S The State of j k� County of Before me (notary) ry on this day personally appeared (applicant) I known tome (or proved tome on the oath of card or other document) to be the person whose name is subsc ed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this �; \ � day of ;� , A.D. SHARON KAY MINITRE a• °'' �"= Notary Public, State of Tex My Commission Expires February 14, 2013 r Notary In and For State ofOi 5 ITerry Hundley Print Property Owners Name Pro Owner's gnature The State of C G� County of� Before me (notary) 1 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 thereln expressed. (Seal) Given under my hand and seal of office this day of , A.D. Q . rrdwYmr"�mmwwai�r:�um�,nwwawa.� r��:�u,. �-mmw� .� c�xFr pysNyC. SHARON KAY MINITRE =� Notary Public, State of Texas M Commission Expires' I �,; y a Zat 3 Notary and For State of C yf6; . February 1 , �S '''• „rrray, Y . w�yrniu�- n!w:aaar,,,wuw+uuarru vim... SEP 4 202 ACKNOWLEDGEMENT 3 -1 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 / Z- . 0 E� U T I Terry Hundley Purchased Grapevine Golf Cars — October 2008 Grapevine Golf Cars has been located at 1380 W Northwest Hwy since 2005 Total Sales 2011- 2.9 million Community Corporate Partner — • Grapevine Festivals — Main Street, Grape Fest • Grapevine Chamber of Commerce • Grace • Women's Division • School Organizations New Property Addition --The property would not be a target for any developers to develop the property due to its small size and unusual triangular shape thus having limited Northwest Hwy footage. The ideal use for this property is to be re- platted as one piece of property. We originally came to the City to inquire about the possibility of purchasing additional property behind our facility when we learned about the fact that our conditional use permit was not tied together for both properties along Northwest Hwy. Capital Improvements Enhancements — $112,500.00 • Paving - $85,000 — Paving 23,000 square feet on the east side of the creek, 11,500 square feet on the west side of the creek • Landscape/ Irrigation - $20,000.00 — Remove all existing landscape around the building and replace with recommended landscaping. Create 2 new landscape beds. Clean and remove brush, dead wood and vines from the creek areas. Add irrigation to all of the landscape areas on both sides of the property. Fencing/Gate - $7,500.00 - 6 ft wood fence and a new wood gate on Northwest Hwy to shield the property the public • Capital Improvements will be financed though Wells Fargo Identifying Concern — Until we met with the City Planning and Zoning we did not realize that our company truck backing into the property was an issue for the City and the residents of Grapevine as we had not received any complaints. We are now taking steps to reduce the amount of time our trucks spend entering and exiting the facility, especially during periods of high traffic. Solutions -- Restrict backing into property during the busy morning commute hours - 8am -9am • Driver awareness • Efficiency on backing into property • Maximize the loads to reduce the number of times that the truck comes in and out of the property • Create turnarounds for smaller trucks and trailers using the improved property for the smaller truck and trailers • Scheduling more pickup and deliveries during non - commute hours along Northwest Hwy. • Work with vendors to reduce the late afternoon deliveries during high traffic peaks • Grapevine Golf Cars leased a warehouse space in Arlington in November 2012 to reduce the amount of golf carts that come in and out of the facility. This facility will also The used to prep and to store carts. ORDINANCE NO. AN ORDINANCE AMENDING 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 OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z12 -14 ON ATRACT OF LAND OUT OF THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1050, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "HC" HIGHWAY COMMERCIAL DISTRICT; 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 A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE mm� III ' °' WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances 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 these requested changes 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 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 change 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, the 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, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, 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 zoning change, 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 does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; 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 change in zoning 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 a change in zoning classification 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: Section 1. That the City of Grapevine Ordinance No. 82 -73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby ORD. NO. 2 amended and changed by Zoning Application Z12 -14 to rezone the following described property to -wit: being a 0.229 acre tract of land out of the Thomas Mahan Survey, Abstract No. 1050, Tarrant County, Texas (1380 West Northwest Highway, Lot 2R, Block 1, Dove Road Addition) more fully and completely described in Exhibit "A ", attached hereto and made a part hereof, which was previously zoned "PO" Professional Office District Regulations is hereby changed to "HC" Highway Commercial District, all in accordance with Comprehensive Zoning Ordinance No. 82 -73, as amended. Section 2. That the City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. 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 ordinances 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 safety 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 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 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. ORD. NO. 3 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 18th day of December, 2012. _W471 6 ATTEST APPROVED AS TO FORM: ORD. NO. 61 0111 ORDINANCE NO. 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 CU12 -37 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005 -05, TO EXPAND THE OUTSIDE STORAGE AREA IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT 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 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. ORD. NO. 2 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 CU12 -37 to amend the site plan approved by Ordinance No. 2005 -05 for new and used golf cart/utility cart sales and service with outside display and outside storage (Grapevine Golf Carts), specifically to expand the outside storage area in conjunction with a golf cart retail business in a district zoned "HC" Highway Commercial District within the following described property: Lot 2R, Block 1, Dove Road Addition (1380 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. 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 ORD. NO. 3 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 18th day of December, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. MEMO TO: THE HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL, AND THE PLANNING & ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER 69,,- MEETING DATE: DECEMBER 18, 2012 SUBJECT: FINAL PLAT APPLICATION LOT 2R, BLOCK 1, DOVE ROAD ADDITION (BEING A REPLAT OF LOTS 2 & 3, BLOCK 1, DOVE ROAD ADDITION) PLAT APPLICATION FILING DATE ................... ............................... December 11, 2012 APPLICANT ........................ ............................... Tim Mankin, Pieser & Mankin Surveying REASON FOR APPLICATION ..... ............................... Platting site from two lots into one PROPERTY LOCATION ...................... ............................... 1380 W. Northwest Highway SITEACREAGE ............................................... ............................... ...........................1.38 ZONING........................................................................................... .............................HC NUMBEROF LOTS ........................................................................... ..............................1 PREVIOUS PLATTING .................................... ............................... ...........................2004 CONCEPT PLAN .................. ............................................... ............................... CU12 -37 OPEN SPACE REQUIREMENT .................................................... ............................... No AVIGATION RELEASE ..................................... ............................... ............................Yes PUBLIC HEARING REQUIRED ........................ ............................... ............................Yes 2:16:22 PM 12/13/2012 PLAT INFORMATION SHEET FINAL PLAT APPLICATION LOT 2R, BLOCK 1, DOVE ROAD ADDITION (BEING A REPLAT OF LOTS 2 & 3, DOVE ROAD ADDITION) GENERAL: • The applicant, Tim Mankin is platting this 1.38 acre site from two lots into one. The property is located at 1380 W. Northwest Highway. STREET SYSTEM: The development has access to Northwest Highway. • ALL abutting roads: ® are on the City Thoroughfare Plan: ❑ are not on the City Thoroughfare Plan: ❑ Periphery Street Fees are due as follows: Type of Roadway Cost 1 LF ❑ Major Arterial (A) ❑ Major Arterial (B) ❑ Minor Arterial (C) ❑ Minor Arterial (D) ❑ Collector (E) ❑ Collector (F) ❑Sidewalk ❑Curb & Gutter $ 234.571 LF $ 178.351 LF $ 203.061 LF $ 170.331 LF $ 170.331 LF $ 150.981 LF $ 25.001 LF $ 10.001 LF ® Periphery Street Fees are not due: TOTAL STORM DRAINAGE SYSTEM: The site drains into creek on site. Length Cost • The developer will be required to design for onsite as well as offsite drainage in accordance with the requirements of the City of Grapevine's Code of Ordinances. 2:16:22 PM 12/13/2012 WATER SYSTEM: ® The existing water supply system bordering the subject site is adequate to serve the development. ❑ The existing water supply system bordering the subject site is not adequate to serve the development. Additional off site water system improvements will be necessary to serve the site. V. SANITARY SEWER SYSTEM: ® The existing sanitary sewer collection system bordering the subject site is adequate to serve the development. ❑ The existing sanitary sewer collection system bordering the subject site is not adequate to serve the development. VI. MISCELLANEOUS: ❑ Water and Wastewater Impact Fees are not required for: ® Water and Wastewater Impact Fees are due prior to the issuance of building permits: Original Lot 2, Block 1, Dove Road Addition — 0.54 acres ❑ Single Family Residential ( $ 2,191 / Lot) ❑ Multifamily ( $ 1,026 / Unit) ❑ Hotel ( $ 38,1071 Acre) ❑ Corporate Office ( $ 18,8471 Acre) ❑ Government ( $ 4,0371 Acre) ® Commercial 1 Industrial ( $ 5,2091 Acre) ® Open Space Fees are not required for: Lot 2R, Block 1, Dove Road Addition ❑ Open Space Fees are required for: ❑ R -5.0, Zero Lot District ( $ 1,416.001 Lot) ❑ R -7.5, Single Family District ( $ 1,146.001 Lot) ❑ R -12.5, Single Family District ( $ 1,071.001 Lot) ❑ R -20.0, Single Family District ( $ 807.001 Lot) 2:16:22 PM 12/13/2012 ❑ Public Hearing Only ❑ Variances were required on the following items: ❑ Front building line ❑ Rear building line ❑ Lot width & depth ❑ Max. Impervious Area ❑ The following items associated with this plat are not in accordance with the current subdivision standards: ❑ 50' ROW dedication not met: Developer is proposing to dedicate variable width private access easements throughout the development. The access easements will be owned and maintained by a Home Owners Association (HOA). ❑ Length of cul -de -sac street exceeds the 600 -foot limit: ❑ Driveway Spacing not met. 1. STATEMENT OF FINDINGS: A. The City has determined that the right -of -way and easements required to be dedicated for streets, utilities, drainage, access, sidewalks and other municipal needs and services are consistent with the City's ordinances and master plan, are reasonable and are connected to the proposed project in the following manner: ❑ The right -of -way provides for future widening of public streets that will serve the development of this site. The onsite utility easements provide fora utility network to serve the development of this site. ® The onsite drainage easements provide for a drainage network to serve the development of this site. The onsite access easements provide cross access capabilities to this site and surrounding property. ❑ The onsite sidewalk easements provide for a sidewalk network to serve the development of this site. 2:16:22 PM 12/13/2012 B. The City further finds that the required dedication is related both in nature and extent to the impact of the proposed development as follows: ❑ The right -of -way is necessary to provide for future widening of public streets that will serve the development of this site. ❑ The onsite utility easements are necessary to provide for a utility system to serve this development and connect to existing utilities on surrounding property. ® The onsite drainage easements are necessary to provide for storm drainage improvements to serve the development of the site. ® The onsite access easements are necessary to provide cross access capabilities to this site and surrounding property. ❑ The onsite sidewalk easements are necessary to provide for a sidewalk network to serve the development of this site. ® All of the dedications benefit the development to at least the extent of the impact of such on the development. III. RECOMMENDATION: The members of the City Council and The Planning & Zoning Commission consider the following motion: "Move that the City Council (Planning and Zoning Commission) approve the Statement of Findings and the Final Plat of Lot 2R, Block 1, Dove Road Addition ". 2:16:22 PM 12/13/2012