HomeMy WebLinkAboutItem 03 - CU05-37 Outlaw CustomsTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, ACTING CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: JULY 19, 2005
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE PERMIT CU05-37
APPLICANT: James Kea
PROPERTY LOCATION AND SIZE:
The subject property is located at 321 East
Northwest Highway and is platted as Lot 1, Block 1,
Central Business Park. The lot contains
approximately 17,170 square feet and has 102 feet
of frontage along East Northwest Highway and 170
feet of frontage along Central Avenue.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow for automotive repair.
The applicant currently occupies the building for his business "Outlaw Customs." Outlaw
Customs provides retail sales and installation of aftermarket truck, jeep, and SUV parts
and accessories. See the attached letter.
PRESENT ZONING AND USE:
The property is currently zoned "HC" Highway Commercial District and is developed with
an existing building.
0:\ZCU\CU05-37.4 1 July 11, 2005 (12:48PM)
The subject property and the properties to the north, south, east and west were zoned "C-
2" Community Business District prior to the 1984 City Rezoning.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "HC" Highway Commercial District — retail business
SOUTH: "HC" Highway Commercial District — various automotive/retail businesses
EAST: "HC" Highway Commercial District - Whataburger
WEST: "HC" Highway Commercial District — retail/office business
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 East Northwest Highway as a Type C, Minor Arterial,
with a minimum 80 foot right-of-way to be developed as 4 lanes with a center left turn lane.
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0AZCU\CU05-37.4 2 July 11, 2005 (12:48PM)
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T P X A S
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent:
Ad lam,) 61-4�
Street ad ss of applicant/ agent,
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City / StateZ
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Code of applicant / agent: -F,<
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Telephone number of applicant/ agent:
Fax number of applicant / agent:
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Applicant's interest in subject property.
PART 2. PROPERTY INFORMATION
treet address of subject property
L gal description property (tem, etes & bounds must be described on 8 2" x 11 " sheet)
'offssubject
beck
hV't C � I e ck J
rf subject property
Acres Square footage
Present zoning classification:
Proposed use of the property:
Minimum/ maximum district size for conditional use requ st.
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.-
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JJ.a �U
Street address of property owner:
3
a
City / State / Zip Code of property owner:--
(') Z If
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elephone umber of property owner.
Fa number of property owner
33
❑ 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.
L) Application of site plan approval (Section 47, see attached Form `B').
L' he site plan submission shall meet the requirements of Section 47, Site Plan Requirements, and Section 45.E.
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❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the ager dfor'p0b11d he�Wng 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 maybe 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.
❑ f 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
Print Applicant's Name: (MM's ant's Signature:
t
The State Of�
County Of 0
Before Me`—' on this day personally appeared l J l \G
'`itt�►�itri� ��i
(applicant)
known to me (or prgN �( on;`. a,,o4 of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to r tite fiaeveiF t tt.#5e spa e for the purposes and consideration therein expressed. �
(Seat) Given undo my han a1 of off*cejhis --1f� day of A.D. 1
OF
I''3i 200
ll, * %*#* to And For State bfT as
Print Property Owners Name: Property Owner's Signature:
oeThe State Of
County Of
Before Me �� R i Q on this day personally appeared
(no ary (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 gXV1t! d tf►p same for the purposes and consideration therein expressed.
o t\t s ''i ! l s
(Seal) Given under my`l�lin�ltCr# .T,Wpffic'�pis� day of A. D.
.• � �'I� ` N1��-aL.,C.'�....- _ yam- - -- r
►c 7E 01 �`�,:' � � in And For State Of Texas
e
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.
nave 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:' f cr
Signature of Owner
Date: '//T . 0 S
M
321 E. North west Hwy.
Grapevine, Tx 76051
F4'l914'.fYtt iCIi4t'LdS
its
817-416-1355 817-416-1355
817-416-1357 (Fak)
June 1, 2005
Outlaw Customs is in the business of automotive aftermarket truck, jeep, and SW parts & accessories. We have a retail
showroom that is approximately 2000 sq. ft. The showroom includes a bathroom, and office.
Outlaw customs also offers installation of all products we sell within our service center that is approximately 2800 sq. ft.
The service center has one hoist with bay doors where all the installations are done. Most of the installs that are done are bolt
on suspension kits, and bolt on truck, jeep, SW accessories. We also offer custom fabrication for suspension kits, bumpers,
and most any part that can be built.
Since our opening in July 2004 Outlaw Customs has had an enormous amount of growth. We need to expand our service
center area to the unoccupied space available in the building we are currently leasing. This area consists of an extra 1800 sq
ft. Outlaw Customs is applying for a special -use -permit (SUP) for the 1800 sq ft. space including the service center of 2800
sq: ft. we currently occupy.
We appreciate your consideration in this matter.
Sincerly,
/amesKea - Owner
Outlaw Customs
d n,
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 CU05-37 FOR
AUTOMOTIVE REPAIR, IN A DISTRICT ZONED "HC"
HIGHWAY COMMERICAL 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 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.
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 No. CU05-37 for automotive repair, in a district zoned
"HC" Highway Commercial District within the following described property: Lot 1, Block 1,
Central Business Park (321 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 'W', 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.
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.
ORD. NO. 3
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 19th day of July, 2005.
ATTEST:
ORD. NO. 4
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