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HomeMy WebLinkAboutItem 04 - CU01-04 Richardson Golf CartsG STEM TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: MARCH 20, 2001 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT QF CONDITIONAL USE APPLICATION CU01-04. RICHARDSON GOLF CARTS r - - — I r— ----------- — G ILake coke V I I I I I I I I I I I S DFW ; I Hall -Johnson y,,,� Airport a i L W I j --_—O p I L —t W I m Glade Rd. d I F C O 3. APPLICANT: Jason Richardson PROPERTY LOCATION AND SIZE: The subject property is located at 515 East Northwest Highway, proposed Lot 1, Block 1, Enway Addition. The addition contains .34 acres. The property has approximately 80 feet of frontage along Northwest Highway. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the approved site plan of of CU91-16 (Ord No 91-68) specifically to allow for the retail sales and service of golf carts. The site has been developed since the late 1970's. Although several non -conformities exist on this site, Case No. BZA91-21 was approved in September 1991, authorizing the site to exist as developed. It should be noted that the applicant is attempting to meet the intent of the Landscape ordinance by installing landscaping along the front of the building and in the southeast comer of the site along Northwest Highway and planting ivy along the eastern wall of the facility. 01wu/CU01-04.4 1 March 14, 2001 (8:33AM) PRESENT ZONING AND USE: The property is currently zoned "CC", Community Commercial District and is the site of J's Closeouts and Bargains. The subject property and areas to the north, east and west were rezoned in the 1984 City Rezoning from "C-2", Community Business District to "CC" Community Commercial District. Areas to the south were rezoned in the 1984 City Rezoning from "C-2", Community Business District to "HC", Highway Commercial District. CU87-08 for an automotive body repair and paint shop, proposed for the subject site, was denied in November 1987. CU91- 16 (Ord. No. 91-58) for a building materials and sprinkler supplies with outside storage was approved on September 17, 1991. BZA91-21, approved in September 3, 1991, allowed for the continuation of the nonconforming status of the subject site. CU85-02 (Ord. No. 85- 66), for the Fina gasoline station located to the south of the site, was approved in October 1985, allowing for the retail sale and storage and off -premise consumption of alcoholic beverages (beer only) in conjunction with a convenience store. CU89-06 was approved for the same site in May 1986, allowing for modification of the landscape plan. The property to the west was developed as a gasoline station with auto repair in the early 1980's. CU92-04 (Ord. No. 92-36 was approved in July 1992 allowing for the possession, storage and retail sale and off -premise consumption of alcoholic beverages (beer only) in conjunction with a convenience store. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC", Community Commercial District — Conseco Warehouse and Storage SOUTH: "CC", Community Commercial District — Fina gasoline station and convenience store and Jiffy Lube EAST: "CC", Community Commercial District - Vacant WEST: "CC", Community Commercial District — Texaco gasoline station and convenience store 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 OJIWCU01-04.4 2 March 13, 2001 (8:39AM) is an appropriate use in this noise zone. The Master Plan designates the subject property as Commercial. The proposed golf cart sales and service facility complies with this designation. The Thoroughfare Plan designates Northwest Highway as a Type C Minor Arterial with a minimum 80 -foot right-of-way developed as 4 lanes and turn lane. /cj 0:/zcu/CU01-04.4 3 March 13, 2001 (8:39AM) RD TM `� ;�' TR TR 3QA1 10K TR 30H TR 30A .0330 26 .742 Q .7720 AC NINV 2R au2R1 .3270 Z9'-8 1R C � Op 2 W 1R1 U 3.188 a 10 .0170 1A 2805 0Site 2 ZS Z82-Ol w 0 CC CU98-67 3.xlfl IR 10.000 0 3M . i P*. NA i FM two CUOI-04 .Vich1 1 RECEIVED��. JAN 0 8 2001 - PLANNING , TB A S CITY F V CONDITIONAL USE APPLICATION�- Form "A" PART 1. APPLICANT INFORMATION Name of applicant /agent: JAsa ,1 a�oi s Street address of applicant/ agent O L- A r -e 2.-� D (0 City / State / Zip Code of applicant / agent: Telephone number of applicant /agent Fax number of applicant / agent: t Applic�nt's interest in subject property: (a K -f- 4 A, U 5A if S PART 2. PROPERTY INFORMATION Street address of subject property -51 ' C. O/Z e S r e; 60 Legal description of subject property(metes & bounds mustbe described on 8 1/2' 11 " sheet) Size of subject property g, X %r 5- Acres a 2 () Square footage Present zoning classification: Proposed use of the property: Minimum /maximum district size for conditional use request Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner. 4'hWA- Street address of property owner. 317 5, -,.1 e,) K /" City/ State /Zip Code of property owner. Get tee, v ;u-- i--tK '7&0S-1 Telephone number of property owner. Fax number of property owner. 9t 7-C18/--636/ 8/7--3L9-775" ❑ 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 yawls, 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' . Q The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. RECEIVED 082001 U 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. PW N I N G ' All pubic hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continue o e next public hearing. Public hearings will not be tabled. •d 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. O t have read and understand all the requirements as set forth by the application for conditional use or conditional use permit 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 ..J As o r4 P- i " A r J so rJ The State County Of riu�r�r� Batts Me b Gr J_ 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 n e is subscribed to the foregoing instrument and ackrxWedged to me that he executed the same for the purposes and consideration therein expressed. (Seaq G -qX d al of ofl`ice this day of 4 CVM14€:. Notary In AM For State Of Texas County of�1���°$'. Befae Me on this day personally appeared�l?��a %(notary) r4perty 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 consideration therein expressed. (Sean Given under my hand and seal of office fts day of� A.D. F ... imroteSION Ei;3'i ES ' Notary in AndFor State Of Texas ACKNOWLEDGEMENT j A N Mi P LAAMW G All Conditional Use and Special 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 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 riling fees. The application, along with the required riling 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 an requirements of this application have been met at the time of submittal. Signature of Applicant Date: f - z - 0!1 Signature of Owner 3117 S. 9/7. 4k7- IP,31 j M RECEIVED PLATTING VERIFICATION JA At Q r PLANNING This verification statement must be signed prior To the submittal of this conditional use application It has been determined that the property described below does require platting and the applicant has been instructed on this procedure. It has been determined that the property described below is currently platted or does not require platting at this time. ,ddress of subject property td I ra & . KJVP-7 y-fe6r` 40Y Legal description of sub'ect property � Le 91 P P rty of ! M d Du;4- o t' A- F leo ,5u rV ( -'ti-- g144 r4 -A 001 Date This form must be signed by the public works department and submitted along with a completed application to the planning and zoning department RECEIVED JAN 0 8 2001 This is an existing building on an existing developed lot which fronts West Northwest Highwa f LAN N i N G near the intersection of Dooley. The owner wishes to lease the building for the sale and maintenance of golf carts. All work will be performed within the building although there will most likely be limited storage of carts behind the building. It is anticipated that there will be no more than three owner/employees and three to four customers at the store at any one time. Although the onsite maneuvering of vehicles is very tight it can be done as drawn. Two oak trees are shown in the Right of Way since this is the only place to plant a tree. A small planting of Bufford holly at the street is possible, as is ivy along the east side of the building, and existing plants in the front planter will be maintained. Hand watering is adequate. No change of zoning is required. Conditional Use Permit is required. The lot is not plated but described by metes and bounds. e�t ,-J /- e � 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 CU01-04 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 91-68 TO ALLOW THE RETAIL SALES AND SERVICE OF GOLF CARTS IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did 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 ORD. NO. 2 at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code, by granting Conditional Use Permit No. CU01-04, to amend the site plan approved by Ordinance No. 91-68 for building supplies with outside storage, specifically to allow the retail sales and service of golf carts (Richardson Golf Carts) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1, Block 1, Enway Addition (515 East 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. 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. 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. 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of March, 2001. ATTEST: ORD. NO. 4 r r gg D -R OADr�A OOZa 5yp��G my N yrgi -n;b OZn mc.a�' mzi mm�$ A ZnO miry M'CI I zyy D CCSA si yZr 1^5 s7� No; Z-4 i A N'- ll M M 29 r- �g K D Z f O L� �s o 3 E °c Eq u Q 'Ibe �J N n_ - n d i A N'- ll M M 29 r- �g K