HomeMy WebLinkAboutItem 07 - CU09-30 Texas Toyota CC ITEM # ?gym
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: SEPTEMBER 15, 2009
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU09-30
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,� The subject property is located at 701 East State yow. ' Highway 114 and is proposed to be platted as Lot 1,
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Block 1, VTG Grapevine Addition. The addition
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ro contains 15.481 acres. The property has
' --- approximately 602 feet of frontage along State
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Glade Rd. - _'_ Highway 114 westbound service road and 644 feet of
frontage along Hanover Drive.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to establish a planned commercial
center for an automobile dealership with sales and service of new and used vehicles along
with a 17.3-foot pylon sign and a 30-foot pylon sign.
The subject site is the current location of the Grapevine Ford automotive dealership. This
dealership and the adjacent Texas Toyota automotive dealership to the east are held
under the same ownership. It is the applicant's intent to switch dealership locations, i.e.
the Ford dealership will relocate to the existing Toyota location, and the Toyota dealership
will relocate to the existing Ford location. Specifically this request is associated with Texas
Toyota dealership. In addition, the Texas Toyota dealership will be relocating their two
pylon signs to a new location along the State Highway 114 service road at the new
dealership location.
0:2CU(0009-30.4 1 September 9,2009(2:37PM)
PRESENT ZONING AND USE:
The property is currently zoned "PCD" Planned Commerce Development District and is
developed as a Ford automotive dealership.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and all the surrounding areas were rezoned in the 1984 City Rezoning
from "LI"Limited Industrial District to `PCD", Planned Commerce Development District. A
conditional use permit for a planned commercial center including an automotive dealership
with the sales and service of pre-owned vehicles (Autonation) and a forty-foot pole sign
was approved in October 1996. No subsequent development occurred on the site and the
conditional use permit expired. C000-33 (Ord. No. 00-81) was approved on August 15,
2000, providing for an automotive dealership with sales and service of new and used
vehicles and a forty-foot pole sign with an additional six-foot ground sign. C000-64,
approved in December 2000, allowed for some minor revision to the approved site plan.
CU01-21 (Ord. No. 01-41)was approved in May 2001 and provided for the placement of a
temporary trailer for business purposes and allowed vehicle sales to occur on the premises
(particularly the display lot) prior to completion of the permanent 92,636-sq. ft. building.
CU02-02, approved by the Site Plan Review Committee on January 23,2002, approved a
revision of the approved site plan, specifically to add a 4,408 square foot sales building to
the front of the site. CU02-04 allowing for the addition of a 2,000-gallon fuel tank and a
1,000-gallon fuel tank and the enclosure of six parking spaces located to the east of the
service center with a six-foot chain link fence to be used for tire storage was approved by
the Site Plan Review Committee in February 2002. Most recently, the Site Plan Review
Committee approved CU02-37, requesting the addition of awnings to the windows on main
sales building, on August 28, 2002. Conditional use request CU02-36 was approved by
Council at their September 17, 2002 meeting and allowed for and expansion to the in-
service area parking as well as directional signage on the site.
The property to the north was rezoned to"LI", Light Industrial District and a conditional use
permit for freight forwarding was approved in September 2000 (Z00-13, C000-41). A
Conditional Use Permit was approved for the property to the east in October 1995(CU95-
24, Ord. No. 95-83) for a Planned Commercial Center for automotive sales and service
with the condition that 50% or more of the sales to be new automobiles, removal of the
billboard sign and a forty-foot pole sign. Texas Toyota was subsequently developed on the
site. The property to the east and south of the subject site was purchased by D/FW Airport
in 1998.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "LI" Light Industrial District—existing warehousing development
SOUTH: "PID" Community Commercial District—various existing
warehousing development
o'lZCU/CU09-30.4 2 September 3,2009(12:14PM)
EAST: "PCD" Planned Commerce Development District—Texas Toyota ,
WEST: D/FW International Airport property
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 Hanover Drive as a Type E Collector with a minimum
75-foot right-of-way developed as four lanes.
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Texas Toyota
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1 , 1
, CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Name of applicant/agent/company/contact
Van Tuyl Group/Gayle Houchin
Street address of applicant/agent:
8333 Royal Ridge Pkwy,Suite 130
City/State/Zip Code of applicant/agent:
Irving,Texas 75063
Telephone number of applicant/agent: Fax number of applicant/agent
972-536-2905 972-536-2901
Email address of applicant/agent Mobile phone number of applicant/agent
ghouchin @vtaig.com
Applicant's interest in subject property:
Representative
PART 2.PROPERTY INFORMATION
Street address of subject property
701 East SH 114 East,Grapevine,Texas 76051 ,
Legal description of subject property(metes&bounds must be described on 81/2"x 11"sheet)
Proposed Lot 1,Block A.VTG Grapevine Addition being a Replat of Lot 1R1,Block 1,Amended Plat of Autonation ford Addition
Size of subject property
15.481 Acres 674.339 Square footage
Present zoning classification: Proposed use of the property:
PCD Automotive Sales and Service
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:
NSHE-TX Gatesville,LLC a Texas Limited Pamership
Street address of properly owner:
1550 E.Missouri,Suite 300
City/State/Zip Code of property owner:
Phoenix,Arizona 85014
Telephone number of property owner: Fax number of property owner:
602-230-1051 602-200-7560
CLI.09'-- 0
❑ 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.
❑ Application of site plan approval(Section 47,see attached Form B7.
❑ The site plan submission shall meet the requirements of Section 47,Site Plan Requirements.
❑ 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 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 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 REQUES 'AND P C= • CONDITIONAL USE
REQUEST SIGN ON T E SUBJECT PROPERTY
Ie ueh1•r1 V t t,( C,“to !4Lw ����
Print Applica t s Name: lice s SI! ature:
L pp ,
The State of �)E 6
County Of it
Before Me ..-__ I..% T V`'a. on this day personally appeared 63. 11� Jou Cam;4
(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.
(Seal)Given under my hand and seal of office this 3( day of — _ .A.D. •1rs-•dj�
...rte S A . . MELISSA TARVR � �*�� __
Notary Public,State of Texas Notary In'nd For State Of Texas
My Commission Expires
�Iw; �;�� y May 02,2012
NSHE-TX Gatesville,LLC a Texas Limited Partnership
Print = s
Owners Property `-rSigna .
The State Of /44(45
County Of I /- r----"- -
Before Me • 1 'S4 rig-- on this day personally appeared J t 1 •-€.A
(notary) I (property owne
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 consideratio therein expressed.
•
(Seal)Given under my hand and seal of office this )\ day of ,A.D. _ ._11■10j.
�.'er rd'�i,
7�a, pn= MELISSA TARVfR � � , a�N • -.�� _
e Notary Public,State of Texas
_4..
�"% a.'E My Commission Expires Notary In And For State Of Texas
,s:41,ti �'° May 02,2012 ;
Ci),0q -
ACKNOWLEDGEMENT
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.
I have read and understand all of the requirements • = •et forth by the application
for conditional use or special use permit and ackn,wle ge that all requirements of
this application have been m: - the ime of su• ittal
Signature of Applicant
Date: /24 9
Signature of Owner C
Date: � `
AUG 032009
VA N Tu Y L 972.536.2900 office
901 fax
G R O U P 8333 Royal Ridge Parkway,Suite 130
Irving,Texas 75063
www.vantuylgroup.com
July 31, 2009
City of Grapevine
Development Services
Planning Division
200 South Main Street
Grapevine, Texas 76051
Re: PROPOSED TEXAS TOYOTA(PRESENTLY GRAPEVINE FORD)
701 EAST HWY 114
GRAPEVINE TEXAS 76051
PROPOSED USE DESCRIPTION
This conditional use permit request is for a re plat of the existing property which will
show a reduction in overall square footage of the property.
The current landscape plan will be amended to reflect changes due to proposed re plat of
existing property which will reflect omission of a portion of existing property. The
amended landscaping plan will be submitted with this application.
AIGTLP-TEXAS Limited Partnership
NSHE-TX Gatesville, LLC a Texas Limited Partnership
VAN TUYL GROUP
DALLAS/FORT WORTH INTERNATIONAL AIRPORT
COMMERCIAL DEVELOPMENT,P.O.BOX 619428
DFW AIRPORT,TEXAS 75261-9428
www.diwairport.com
T 972 973 4650 F 972 9/3 4651
File #: CU09-30
TEXAS TOYOTA
Airport staff has reviewed the proposed application submitted by Van Tuyl
Group located at 701 East State Highway 114 (former Grapevine Ford property),
proposed to be platted as Lot 1, Block A, VTG Grapevine Addition. The applicant is
requesting a conditional use permit to amend the previously approved site plan to
establish a planned commercial center for an automobile dealership with sales and
service of new and used vehicles and a pole sign. The property is zoned "PCD"
Planned Commerce Development and is owned by NSHE-TX Gatesville, LLC.
Ask
This request remains compatible with airport and aviation activities, however
we highly recommend that the Federal Aviation Administration (FAA)be given an
opportunity to review the proposed site plan amendment.
L'= I {
ORDINANCE NO.
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 CU09-30 FOR AN AUTOMOBILE DEALERSHIP AND
TWO POLE SIGNS IN A DISTRICT ZONED"PCD" PLANNED
COMMERCE DEVELOPMENT 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; Amok
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, 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 CU09-30 to establish a planned commercial center for
an automobile dealership (Texas Toyota)with sales and service of new of new and used
vehicles and two pole signs in the "PCD" Planned Commerce Development District within
the following described property: proposed to be platted as Lot 1, Block 1, VTG Grapevine
Addition (701 East State Highway 114) 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 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. 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 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 15th day of September, 2009.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
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