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HomeMy WebLinkAboutItem 13 - Grapevine Lawn Equipment Center ITEM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Q� FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MAY 18, 2010 SUBJECT: CONDITIONAL USE REQUEST CU10-05 RECOMMENDATION: Staff recommends the City Council approve Conditional Use Application CU10-05 on the second reading of an ordinance, and take any other action necessary. BACKGROUND: Conditional Use Request CU10-05 was submitted by Michael T. Cantrell and was approved on the first reading of an ordinance by Council at the April 20, 2010 meeting. The request was to allow sales, service and outside storage of lawn equipment in the "Ll" Light Industrial District within an existing structure. The applicant sought approval of two variances and a special exception respectively, relative to lot depth and area, and encroachments into building setbacks, parking within the landscape setback area and required parking. The subject lot was part of Lots 1-4 of the Lipscomb & Daniel Subdivision originally platted in 1948, predating the City's first zoning ordinance. The site is an existing developed lot, and the existing structure was built in 1967 prior to the rezoning of the site in the 1984 City Rezoning. Platted and developed lots exist adjacent to the subject site, eliminating the possibility to expand the site. The Board approved the variances and special exception requests at their May 3, 2010 meeting. /at 0.V-CUICU10-05A 1 May 6,2010(3:43PM) Lj MID PT 1 U R-7 5 = 3C 5 PT 1 EBD R-5.Q D R-7.5 "' sA ¢ R-TH 3 F 7R 2 2C GU 12Q1 Ll s 1.977 1 15R A2 0 TR 41 .393 @ Ll TR 42A i GU TR .91 @ CBS 42 .64 @ �� „� gap tflscog Ll 5 5A x 136 1N DALLAS.RD m . ® GU 1R TR 51 TR 14A 2T C 1SA TR 16 TR 19 CC 42 675 AC 45 @ 1�A7 R 44s 3R 1V Fj® Q .24 AC LW TR 13C TR 15C 24 A2QCC � C 1 13�A TR 15B SAC 204 AC 10 _227 �! TR 1216 I TR 15A TR 7I [ TR 20A 2QA1 1.372 @ 297 .15 R`75 R _....._ __ ..._... � 1 2 1 1 Lo C 6 T 87 8 AC .873 @ 5 4 C U10-05 i inch 24Q feet Grapevine Lawn Equipment Center owarr/san�a CS£6-88FLi6 Z6iNL1' Pia"�S ��IfI iJYVC�U I�"fV� =1Z V;1785 Lif[�2I�j SIY�19�'� } o N k q 1 2 a "1 ✓i cn n z Q -17F ,b0 400"N 'Eil IL- ��� #fILlll�lb !!� €U aooQ wmti�N oa tJ# IILI --- --- axa---- +� w°Yo 11-91�t1 1 �l)Q fl ml �� Il - H Ul� r�aa ,r u ; Q ii n o4 JIM m �� �I- Ifs I $ I I€ 48R S € I LjI O o 8 I�31f�lkill 1 IF�IFIt€ I i t I 1 f i I °►� II I ICI I I I�JI 131 I JI F-31 €I�t II=JII_i€fIeEil . €FJI IL I f l "II EN HI �I €�JIEIII�I�tIB I I�IQI I H l�l f I @ ] go II II d' vI � as 3 13II.1IM I F tl iLr€I I I IJII Him— I — �IL�11m X� b .�k: & d �$�W6 1RU I� IEjIHI I IEI�II 1-1 1 11 IB ° #i 11 IFI ' t If q I i i—I�IIf I MAII II III I I N i t11 s s„p.na mesas � Z S Y { i� v °F F N � 2. lu d' to a t -A w ag lu w 8 lu In ri 114 V `atp ��F O FwFd X[ �- lu dp W a o{ "19 U<S � FW N d 0. _ �nm � FApFAp ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4r GRAPEVINE, TEXAS, ISSUWG 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 pudic 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. 8273 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 1T 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 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 Iight 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 18th day of May, 2010. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4