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HomeMy WebLinkAboutItem 05 - CU12-10 Tint World Ca, IiiC iill __ J�' Ptall- 3 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 17, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU 12-10 TINT WORLD rs � I I ~ ----------- — Grapevine Lake 5? APPLICANT: John Evans I DOyB Ra ' � I W.1635 "°rinwas PROPERTY LOCATION AND SIZE: f � eE.` M 5 ; The subject property is located at 1231 William D. Tate I I Avenue, #100. The addition contains 2.81 acres and is s4 Airp x platted as Lot 4R1, Block 1, Tate Street Plaza Revised. L Hall-Johnson ?� Q I The property has approximately 285.13 feet of frontage -m _ro _ along William D. Tate Avenue and approximately 271.37 Glade Rd. c !_� feet along Ball Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU99-05 (Ord. 99-45) for a planned commercial center, specifically to allow for automotive repair window tinting, audio detailing and alarm). At the February 21, 2012 meeting the Planning and Zoning Commission and the City Council heard in a public hearing conditional use request CU12-01 for automotive repair relative to window tinting, outdoor automotive detailing and audio/alarm installation. The Planning and Zoning Commission approved the request; however, it was denied by the City Council. At the March 21, 2012 meeting, Council reconsidered the previous vote to deny CU12-01. Due to changes proposed by the applicant, -the Council amended the previous vote to a "denial without prejudice" allowing a new conditional use application to be submitted. 0:IZMCL112-10.41 April 12,2012(2:38PM) With this new request the applicant proposes establishing a 3,288 square-feet lease space for an automotive services business within an existing 8,955 square-foot single story retail building. The services proposed include window tinting, auto security devices, car audio/video, other auto accessories and indoor auto detailing. The applicant proposes the following changes to the original request: • Outdoor detailing and the canopy in the rear has been eliminated; all auto detailing will occur indoors • Exterior walls will be insulated to reduce noise transmission to outside oft the building The shop will be air conditioned and the existing overhead door will remain closed The applicant also proposes enhancements to the subject site and to the exterior of the existing structure. Please see the applicant's letter. PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial with a Conditional Use Permit for a planned commercial center. Silver Fox restaurant exists on a portion of the subject site along with the existing unoccupied retail building. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned in the 1984 City Rezoning from "C-2" Community Business to"CN" Neighborhood Commercial. The subject property was later rezoned from "CN" Neighborhood Commercial to"CC"Community Commercial (Z87-01, Ord. 87-13), as a part of a 6.4 acre tract of land. Firestone/Master Care Store developed as a result of Zane Case Z87-01. Conditional Use Permit CU92-22(Ord. 92-84)was approved to allow a Planned Commercial Center designation and the development of a restaurant(Chick-Fil-A) with a drive-through window. Conditional Use Permit CU93-03(Ord. 93-22)amended the Planned Commercial Center to allow the development of a restaurant(Good Eats)with on premise consumption of alcoholic beverages and two 20-foot pole signs. Conditional Use Permit CU93-15 (Ord. 94-14) amended the Planned Commercial Center to allow the development of a restaurant(Burger Street)with a drive through. Conditional Use Permit CU94-39 (Ord. 95-06) amended the Planned Commercial Center to allow additional parking for an automotive repair store on Lot 1 R. Conditional Use request CU97-28 was approved by council allowing the addition of an 8,838 square foot retail space on lot 4R. Conditional Use Request CU97-48 was approved by Council allowing the removal of 0.849 acres from the subject property. The U.S. Post Office was developed in the tract south of this parcel and is zoned "GU"Governmental Use. The Bellaire Addition was rezoned from "R-1" Single Family to "R-7.5" Single Family in the 1 984 City Rezoning. The tract to the west was rezoned from "CC" Community Commercial and "C-2" Community Business to "PCD" Planned Commerce Development. The property was rezoned from "PCD" Planned Commerce Development to "CC" Community Commercial Z92-09 (Ord. 92-85) and received a conditional use permit for a Planned Commercial Center CU92-23(Ord. 92-86). WZWCU12-10.41 2 April 12,2012(2:38PM) The property is currently developed as Grapevine Town Center. Conditional Use Permit CU99-05 (Ord. 99-46)was approved at the March 23, 1999 joint public hearing fora 8,838 square foot retail building on the subject site. Also on the subject site, on February 15, 2000 Council considered and approved a request for a one year extension to the 8,838 square foot retail building. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC" - Community Commercial District - Taco Bell and Ferrari's Italian Villa SOUTH: "GU" - Governmental Use District - U.S. Post Office EAST: "R-7.5" - Single Family District - Bellaire Addition - "CN" - Neighborhood Commercial - Shell Convenience Store and "PO" Professional Office District— Professional Offices WEST: "CC" - Community Commercial District - Grapevine Town Center 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 proposed retail building is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as Commercial. This request is in conformance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates William D. Tate Avenue as a Type C Minor Arterial with a minimum 80-foot of right-of-way developed as four lanes with a center left turn lane. at 0:1XMIJ12-10.49 3 April 12,2012(2:38PM) 11 R R2O elk ���m � . 14 9 22 13R � I 13345 1 R 511 CN 13 10 21 12 11 20 15R 3R IV 3.1711 @ 2R 12 19 .8661 � 11 10 13 18 III 2R R1 / 3 4R 9 14 17 99 / 703@ PO cc 3R / .\ s 15 16 2.3028@ a —VrNrz 3T-1 1R � .902 @ w 1 21 a 1 21 . . 2 20 2 20 r - : 4R1 3 19 Lj 3 19 O ' - - 4 18 4 18 ` 4R1A 1.711 _ a 5 17 5 7 17 ..\ m J 6 16 6 i6 / 3R / 1.192 @ = 7 15 7 15 ms 8 14 8� u 14 5R �� / o 9 13 9 13 .689 @, GU m �1131 �K I t AAN LOT 1R ', 12 IR7 10 11 12 10 11 ��ggl�m � 1 2 3 4 5 6 /}\\ / \ 2 / I Illlu / `. m 7 4 m 1.27 / ' .\ 3R1 15 14 13 12 11 10 9 8 84 tl� TR 5A7 3R2 N 77 AC 01 CU12- 10 � 1 iinch„=200 feet Tint World GRAPEVINE CITY OFGRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Applicant Name: John Evans Applicant Address: 8350 N.Central Expressway,Suite 1300MXXX City/State/Zip Dallas/Texas/75206 Phone No. 2148913231 Fax No. 2148913203 Email Address Mobile Phone 2147691080 Applicant's interest in subject property Venture Manager PART 2. PROPERTY INFORMATION Street Address of subject property 1231 William D.Tate Avenue --d-I oo Legal Description: Lot 4R Block I' Addition Tate Street Plaza Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet Size of subject property: acres square footage 48,323 Present zoning classification CC Community Commercial Distric Proposed use of property Tint World Zoning ordinance provision requiring a conditional use See Exhibit A(attached) PART 3. PROPERTY OWNER INFORMATION Property Owner Tate/Ball#1,L Prop Owner Address 8350 N.Central Expressway,Suite 1300 City/State/Zip Dallas/Texas/75206 Phone No. 214-891-3220 Fax No. 214-891-3203 • 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 wilt add to the value use°prenjoyment?ofI ,thar° ly in the neighborhood. • Application of site plan approval(Section 47,see attached Fonn 6'). , • The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. r r !:By 1 ' o I • 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. • 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. ❑ 1 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 John T.Evans Print Applicant's Name Appl''ant's Signa re The State of Texas County of Tarrant Before me (notary) ` on this day personally appeared (applicant) m 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 u,_ ,A.D. tg LISA i BUTLER ® Notary Public,State of Texas My Commission Expires Januafy 11,2013 Notary In and For State of Tate/Ball#1 LP,John T.Evans Company,Inc.,Manager 9� Print Property Owner's Name ,. P perty O is Signature The State of Texas County of Tarrant Before me (notary) . 5c, on this day personally appeared(applicant) t _ 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 fl� l •...r.. A.D. Zs, t NfIHpN uw` u�e✓r"` `'h" ... ..... w " , ... �s6ti*�rra® LISA MARIE BUTLER ?°® N tary Public,State of Texas My Commission Expires Notary In and For State of i N4. jonuary 11, 2018 r x11/1 i "IR 21 7 7(312, �]J 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 filing 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. 1 have read and understand all of the requirements as set forth by the application for conditional use orspecial use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant ,,, F14-11 go— Date Signature of Property Owner Date 2 Z C, m Proposed Conditional Use Description Tint World Automotive Styling Center Tint World is the leading provider of Automotive, Residential, Commercial, and Marine Window Tinting and Security film Services. Tint World Automotive Styling Centers offer auto security, car audio/video, mobile electronics, performance products, custom wheels, and accessories for automotive styling. For the convenience of their clients, Tint World a'so offers installation of their products and detailing,all of which will be per`rorined,,vithi i an enclosed building. The following measures are being implemented to ensure that Tint Wcrid operates as a good corporate citizen and does not cause harm to the vedue, use,or enjoyment of other properties in the neighborhood: Z. The previously proposed exterior canopy has been deleted. AEI auto detailing work will be clo-le inside 1::: building. z. All ex-ierior vlalls and doors will be insulated to Miinirniz the transmission of noise to we outside of the buildi 7g. 3. The shop area will be conditioned, eliminating the need to open the rear overhead door to cool the spaca on warm days. This feature will preserve the sound barrier. Tint World will be beneficial co the City o Grapevine as are automotive aftermarke'L supplier. Area car dealerships curre i'_ly refer clients to Southlake, Hurst, 2nd other surrounding areas for producer, and services carried by Tint World, especially window tinting and car audio/video. The City of Grapevine will benefit from not only increased sales tax by keeping business within the city, but will also offer convenience to area resident:. Thank you, John Evans V 15Malger 14-'169-1080 john @jtevans.com ��'iu'l Tate Street Plaza Renovation Conditional Use Permit Narrative The objectives of the Tate Street Plaza Renovation are threefold: 1. Enhance the streetscape to create a focal point and sense of arrival. 2. Increase the visual presence of the building along the commercial thoroughfare. 3. Improve the marketability of the Center to attract new tenants. These objective will be accomplished through the following modifications to the existing building and site: 1. The existing parking configuration will be modified to create a central plaza with enhanced paving and landscaping,eliminating the typical row of parked vehicles along the front facade. 2. The existing row of split-face block columns that are set back under a continuous stucco fascia will be extended forward and wrapped with a stone veneer to improve the scale of the front of the building. 3. The stucco fascia and stone-wrapped columns will be extended vertically and capped with accent lighting fixtures to increase the height and visual profile of the facade to compete more successfully with adjacent buildings. 4. New floating galvanized steel signbands will span between the stone-wrapped columns providing a uniform background for tenants'graphics. 5. Existing building components such as stucco fascia, common block, and metal service doors will be re-painted to harmonize with the new color palette. *, f ORDINANCE NO. I" l 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 CU12-10 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 99-46 TO ALLOW FOR AUTOMOTIVE REPAIR 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 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, an 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 CU12-10 amending the site plan approved by Ordinance No. 99-46 for a planned commercial center, specifically to allow for automotive repair including window tinting, audio/video installations, alarm, and other accessories (Tint World) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 4R1, Block 1, Tate Street Plaza Revised (1231 William D. Tate Avenue #100) 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 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 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 17th day of April, 2012. APPROVED: ATTEST: APPROVED AS TO . ORD.