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HomeMy WebLinkAboutItem 03 - CU10-05 Grapevine Lawn Equipment Center CC, ITEMf TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION �� FROM: BRUNO RUMBELOW, CITY MANAGER` SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE APRIL 20, 2010 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU10-05 GRAPEVINE LAWN EQUIPMENT CENTER II I I 1 I Grapevine y? APPLICANT: Michael Cantrell , nova P0. Lake 3 I I 1 ' Northwest��� IH 1635 PROPERTY LOCATION AND SIZE. The subject property is located at 204 West Dallas Road, and is platted as Lot 413, Lipscomb & Daniel. nFw a The addition contains 0.249 acres. The property has , sy � z t Hall-Johnson �� Airport a 101 feet of frontage along West Dallas Road. L, c I I T----� o I m Glade Rd. `m I F c 3 REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow safes, service and outside storage of lawn equipment in the °LI" Light Industrial District within an existing structure. The applicant's intent is to utilize the existing single story wood building for lawn equipment sales, service and repair. An existing paved area on the east side of the building is proposed as an outdoor storage area for repaired lawn equipment. The storage area will be screened by a solid six-foot wooden fence. An outdoor area adjacent to the showroom is proposed for mower display during business hours of 8:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m, to 12:00 p.m. Saturday. If approved this will be the first reading of an ordinance given the subject site requires approval of variances and a special exception respectively, relative to lot depth and area, 0:1ZCU\CU10.05A 1 April 15,2010(10:45AM) and encroachments into building setbacks, parking within the landscape setback area and required parking. These items will be heard before the Board of Zoning Adjustment at their May 3, 2010 meeting. If approved by the Board the second reading will occur at the Council's May 16, 2010 meeting. PRESENT ZONING AND USE: The property is currently zoned "Ll" Light Industrial District and has an existing structure proposed to be occupied as a lawn mower sales and repair shop. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the adjacent sites to the north, east and west were rezoned in the 1984 City Rezoning from "Ll" Limited Industrial District to "Ll" Light Industrial District. The site to north was rezoned from. "Ll" Light Industrial District to "GU" Governmental Use District with the approval of a Zone Change Request (Z07-08) at the June 23, '2008 meeting to rezone properties owned by the City of Grapevine. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "GU" Governmental Use District— Original Town of Grapevine SOUTH: "PO" Professional Office District— Original Town of Grapevine EAST: "Ll" Light Industrial District— Lipscomb and Daniel Subdivision WEST: "Ll" Light Industrial District-- Lipscomb and Daniel Subdivision AIRPORT IMPACT: The subject tract is not located within any "Zone" as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property Central Business. This request is not compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates this segment of West Dallas Road a Type C, Minor Arterial requiring 80 feet of right-of-way developed as four lanes with a turn lane. /at 0AWMCU10-05.4 2 April 6,2010(4:56PM) H MID PT 1 R,7 8 PT 1 CBD R-5 0 v sc fl R-7.5 c? sA 4 HI R-i 3 ° 7R 2 � zc GU 1201 � Li g 1.977 1 15R A2 TR 41 r 393 @ r Li IGII TR 42A TR 42 91 CBI 64 @ 4 0 U ` 5 5A .1360- S-R w. CBL) DAL-� 4- GU 1R 207 G 16A TR 16 5 TR 19 �I CC TR 14A 24 .675 AC .45 @ ■ 14TA1 r 3R { 24 AC R 148 �. mxu TR 20C TR 13C 4 TR 15C .24 AC �gq xo 1 13A TR 158 TR 15 TR 20 N � � 5.51 "d 5 AG 204 AC � 10 [�1[d .227 AC TR 13B TR 15A TR 20A 20A1 1.3720- 297 .15 @ R-7.5 1 o �4 1 R 6 2 1 a 1 TR 7 R 8 TR 9 I 873 @ 5 4 2 23 � � ��� .AC AC 5 AC i CU 10-05 4 inch -200.feet Grapevine Lawn Equipment Center r — vim_ T R A S CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 9. APPLICANT INFORMATION Name of applicant/agent:/eorripany/contact Street address of applicant/agent,w t, ,a h City/State/Zip Code of applicant/ gent. 0 2&e J Telephone number of appli nt/age.t: Fax number of applicant/agent Email address of applicant/agent Mobile phone number of applicanYagent Ale Appfrcant's interest in subject pro rty. PART 2. PROPERTY INFORMATION Street address of subject property Legal desorption of subje property(metes&bounds must be described on 81/2°x 11"sheet) Lot t3lock Addition 1p7h d Size of subject property Q D ' Apes �' 1 Square footage Present zoning classification: Proposed use of the property. JAW, 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. Street address of property owner City/State/Zip Code of property owner e- Telephone number of property owner Fax number of property owner: ZZ �, ;BAR D) DSubmit a letter describing the proposed conditional use and note the request on the site plan document 0 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 WY 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 47,Site Plan Requirements- L) 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- 0 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 O 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 PROPER [[ y .� r nt Applicant's:Name: App! s Signature: The State of County Before Me on this day rsanal! appeared ��V L �. Y Pe Y ppe w (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 and acknowledged to me that he executed the same for the purposes and consideration therein expressed �j y (Seal)Given under my hand and seal of office this '2 day of.- A.D.1150 VIACA ��OpRYPUeT'9 Notary In And or St Of Texas rig/�N 26,10-o MV Print Property OOw.°nnerms�a®e: 7yro ne s righituk. The State Of f "' County Of , Before Me .aS _ t� �! �o� e, on this day personally appeared �� (notary) ' 1 (&perly 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. (Seal)Given under my hand and seal of office this day of A.D. . �000c� �,pgvn LINEOIEER BENAVIDES Notary Public +ryy STATE OF TEXAS N in And F Stat s av My Comm.Exp.09-04-11 I d ACKNOWLEDGEMENT 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 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 Owner ot C� Date: � 2 rY Gm-Pevine Earn q UIP e t ce L 3420 Roll-M9 Hine Lane Grapevine, TX 76051 February 24,2010 Ron Stombaugh,Planning and Development Abnger Via hand dedxneiy Development Services Planning Division P.O. Box 95104 Grapevine,TX 76099 Re: Conditional Use.Application of Grapevine Lawn Equipment Center,LLC Dear Mr. Stambaugh: Please accept this letter and the enclosed documentation as the conditional use permit application of Grapevine Lawn Equipment Center, LLC ('GLEC") for the use-of the real property and improvements physically located at 204,W_ Dallas Pd.,Grapevine, TX 76051 (the "Property"). You will find a completed conditional use application,a site plan application, acknowledgement, platting verification,, 4 folded blueline copies of complete site plan submittal,3 folded blueline copies of the site plan only enclosed with this letter, which describes the proposed use of the Property. I respectfully request that this letter and the enclosed documentation be submitted for review, that notice be given, and that this application be brought to the city council and zoning commission joint public hearing at the earliest possible date for consideration and approval of the issuance of a use permit to GI.EC for the following intended use of the Property. Grapevine Lawn Equipment Center, LLC proposes to operate a retail lawn equipment dealership and service center on the Property, which is nearly 17,000 square feet of land with a fully enclosed structure of approximately 2,543 square feet upon it. The Property is within a Light Industrial Zoning District. Under Section 31 of the City of Grapevine's Zoning Ordinances, the proposed use of the Property is a permitted use under sections A.6, A.12,and C_11 specifically or by reasonable implication of the plain and ordinary meaning of the uses contemplated by those sections. It is GLEC's intention to offer high-quality lawn equipment for retail sale on the Property and service lawn equipment orl site as well. GLEC believes that its proposed use of the c`k� PrO,D t wilt not cause e any t the r 3 tit 4 _ g �a � i,�+e; Car�o ' € fah " proy Irh ad, but rawer w&add value,usse and ergoy-went to atkher proms m the neighborhood by offering top guy lawn equipment and services that are sorei f; lacking iP the area_ GLEC des great pride in the quality of the equipment that it intends to offer for sale and serv;ce, and believes that its high q ty and standards are allnnent with the uses conterrpla�,-ed for the zoning disci ire which the Property is located_ along-standing resident of ffie City of Grapevine and as a retired Grapey'--'e f eman, it is my desire to oblair, a permit to conduct the proposed business on the Proper - to enhance and settee the Community that I have called home and served for many years. I appreciate your consideration of this application,and west that you grant me at to conduct the proposed Ir, - ess o�the�€perty_ S' . 7 cer el lir ael�. a tell MTC encl. ORDINANCE NO. G AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 CU10-05 FOR SALES, SERVICE AND OUTDOOR STORAGE OF LAWN EQUIPMENT IN A DISTRICT ZONED "Ll" LIGHT INDUSTRIAL 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; 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 considerthe 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 Fight 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 characterof 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 CU 10-05 to allow sales, service and outside storage of lawn equipment in conjunction with a proposed business (Grapevine Lawn Equipment Center) in a district zoned "LI" Light Industrial District within the following described property: platted as Lot 4B, Lipscomb & Daniel Addition (204 West Dallas Road) 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 an to exist in the foreseeable future; to lessen congestion in the streets;to secure safelyfrom fire; panic, flood and other dangers; provide adequate Fight 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 forthe 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. ORD. NO. 3 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 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 20th day of April, 2010. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the day of , APPROVED: ATTEST: APPROVED AS TO FORM- ORD. NO. 4 ADJACENT PROPERTY ZONING 'GU' GOVERNMENT USE DISTRICT EXI5TN6 6' EX1571NO WOOD WOOD FENCE SIDING VENEER 1 EXISTING COMP051TION 5HIN61-E5 VOD SIDES FRONT ELEVA710N SCALE: 1/firm 1,-O, RIGHT 51DE ELEVATION SCAL9: 1161=11-o• REAR, ELEVA710N SCALE: 1/6r=1,-O. LEFT 51DE ELEVA710N SCALM 1/6"=1'-O• NOTE: CONDITIONAL USE REQUEST, CUIO-05 IS A REOUE5T TO ALLOW SALES, 5ERVIGE, OUTDOOR DISPLAY AND OUTSIDE STORAGE OF LAWN EQUIPMENT. THE OUTSIDE STORAGE AREA HILL BE USED TO STORE LAWN EQUIPMENT. OWNER TO REMOVE REFUSE DAILY FROM PROJECT. (CONTINUATION OF EXISTING SYSTEM) ALL EXISTING OUTDOOR LIGHTING WILL NOT EXCEED 5.0 FOOTCANDLES AT THE PROPERTY LINES. THERE SHALL NOT BE ANY ADDITIONAL OUTDOOR LIGHTING ADDED K15VN6 WOOD '.DINS VENEER to ly VICINITY MAP EXISTING METAL PORCH I_ 6ATE MOVER 1?15PLAY EX 1571 I G (8:00-6:00 (8:00-12:00 SAT) 5I NGLE 5TOR, I 5L!OG �I I CONCRETE AREA I ql �I N N EXISTI OVERHEAD DOOR I 1 OVERHA I — — — — '- BLDG. LINE - - - - PORCH NEN HOOD FEN EXI5TIN& CONCRETE SIDEWALK I EXISTING CONCRETE DRIVE APPROACH 204 w. ALLAS 0A0 51 TE DATA SUMMARY CHART EX15TINO ZONING LI-LIGHT INDUSTRIAL PROPOSED ZONING LI-LIGHT INDUSTRIAL LAND USE DESIGNATION (LUD) - 6RO55 ACREAGE 0.24g0 ACRES 10,84q 5F NET ACREAGE 0.24g0 ACRES 10,&4q 5F PERCENTAGE OF 51TE COVERAGE 50%(ALLOWED) 24%(5H0NN) AREA OF OPEN SPACE -7,022 5F PERCENTAGE OF OPEN SPACE 15% MIN.(ALLONED) 65%(5HONN) AREA OF IMPERVIOUS COVERAGE 3,&27 5F PERCENTAGE OF IMPERVIOUS COVERAGE &5% MAK(ALLONED) 35%(5HOWN) EXISTING BUILDING AREA (FOOTPRINT IN 50, FT. H/ PORCHES) 55 2,543 5F 2,5g8 SF NUMBER OF STORIES 2 1/2 5TORIEVALLONE12) (5HONN) MAXIMUM BUILDING HEIGHT 35 FEET (ALLOWED) 14'-0" (5HOWN) 5HONROOM / BU51NE55 REPAIR / PARTS EXISTING FLOOR AREA q75 S.F. 56b S.F. 2,543 5F 5HONROOM / BU51NE55 (5+1/200) REPAIR / PARTS (1/1000) TOTAL REQUIRED PARKING (&) 5PAGE5 (2) 5PAGE5 (10) 5PAGE5 X I U;Qk5lTr= FLANWAM 1"40'-o• NORTH LOT: 4-5 BLOCK: 4 LIPSCOMB 4 DANIEL SU5DIV1510N CITY OF 6RAPE\/INE TARRANT COUNTY, TEXAS CASE NAME: GRAPEVINE LAWN EQUIPMENT CENTER CASE NUMBER: CUIO-05 LOCATION: LOT' 4-B BLOCK: 4 LIPSCOMB & DANIEL SUBDIVISION 204 W. DALLAS ROAD MA YOR SECRETAR Y DA TE.' PLANNING AND ZONING COMMISSION CHAIRMAN DA TE SHEET. 1 OF: APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES FXIl,TIUr PAQVIN14 l,P6r.F� ncr A-11-1 11 —111 nn..—T r,-- O O 3 N 6t' 01 U �00 W h c sl X U N w O 'td'1 H I�olit 11 it a ® W iL1U A j iuzAID U Q V y� rt.: lu m SFICLT a1