HomeMy WebLinkAboutItem 07 - CU22-03 H3 Headquarters MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: AUGUST 16, 2022
SUBJECT: CONDITIONAL USE REQUEST CU22-30,
H3 HEADQUARTERS (SECOND READING)
RECOMMENDATION:
Staff recommends the City Council approve Conditional Use Application CU22-30 on
the second reading of an ordinance, and take any other action necessary.
BACKGROUND:
Conditional Use Request CU22-30 was submitted by Barry Hudson of Dunaway
Associates, LLC and approved on the first reading of an ordinance by City Council at
the July 19, 2022 meeting. The request was to allow for a construction trade office with
storage yard.
The applicant's intent is to redevelop the subject site by demolishing a former single-
family residence that operated as a construction trade office and constructing a new
5,460 square foot office on the same property. The applicant proposes to leave and
improve the appearance of an existing 5,057 square foot metal building located at the
northwest corner of the property. Site improvements include paved vehicle use areas,
designated screened refuse storage and outside storage areas. Access will be provided
by an existing concrete driveway on the north side of East Dallas Road. There are 26
parking spaces required and 27 parking spaces are provided. The site plan indicates
1,300 square feet of outside storage onsite to be fully screened from adjacent properties
and the public right-of-way.
The applicant sought approval of a special exception from the Board of Zoning
Adjustment relative to allowing the existing metal building to remain as developed within
the west side yard and north rear yard. The Board approved the special exception
request at their August 1, 2022 meeting.
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CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Name o/applfcanr/agentY wrmany/confaN
Barry Hudson
steer addrw ofeppbcanl/spot
550 Bailey Avenue, Suite 400
city/seats/ZIP coos ofappgcant/agent
Fart Worth,Texas 76107
Telephone number ofappscane/agent Far number ofeaeNeandagenl
817-335-1121 N/A
Email addmas plappdcanhagene h obeea plane number of epdaange9anl
817-995-9703
ATION
sheet sooress otsubject properly
1039 E- Dallas Road
Legal tlescrpfron ofsAlthd propene(mules 4 enemas never be cescdbeo on aW'x 1f"sheep
Lot 1 Mole 1 padya„ Moore Esther Addition
sinctsubjecrpropem'
0.925 Acres 37,368 sovaloaaeace
Rsmd zoning deae''nvabon. proposed asearrbepropany.
Light Industrial (1-1) Constmction Trade Offices
dicle yes weal,flappBas ro this awfalbon
OufdxraPeakers Yea No
Mnimum/marimum dlshiU slm lorwr�A'b'vnd use request.
20,000 square feet minimum lot size In LI Light industrial
Zorvw pmmancro Proveslon regWrog a cpndtlbnal use:
Section 31.C.4. Outside storage in conjunction with permitted use: 12. Construction trade offices with storage yards.
PART 3. PROPERTY OWNER INFORMATION
Name of current pmperty owner.
H.A.W. Development, LLC
sheer address olpmpery owner.
Po Bow AM 9y7
Citylases/zip code afpmpedy owner:
Roanoke, Texas 76262
Telephmre number ofpraperty owner. Far numberalpropedy owrrer
940-295-4488 N/A
® Submit a letter describing the proposed conditional use and nine Me request on the sole plan dowmrerd
® In Me same letter,describe or show on Me site plan,and condiional requirements or condffions imposed upon the particularmrdifonN
use by applicable crabcf reguadmis(example.buffer yards, distance between users)
® In Me same lifter, describe wheMertbe proposed conddional use will,or will nos cause substantial harm to the value,use, w enoyment of
ofherimmarly fn the neighborhood Also,describe haw Me proposed colWlbonal use will add to Me value, use Or enjoyment Of other
property in the neghbo hood.
lB Application maps plan approval(Section 47,see attached Form 0237.
p The site plan submission shall meet them uirtmenfs of Section 47 Site Plan R uirenswis.
M All conditional use and conditional use applications are assumed to be cemplefe when filed and wiN be placed On the agenda PorpWlic
hearing Wine dfamsion offhe staff. Based on the sire orfhe agenda,yourapplicafion maybe scheduled to a later mete.
® Alipublic hearings wdlbe opened and tesfimonyghmn by appicanfs andinferested cuizemy Publicbearingsmaybeconhnued Mthe
nextpubsc hearing Public heaorlgs will not be(abled.
® Any changes to a site plan(no matter how minor Or major)approved with a condi Iona)use or conditional use permit can only be appnoved
by city council through Me public hearing process.
® 1 have read end understand all the requirements as set forth by Me applicalmn hor conditional use or conditioner use pemtrf and
avirflowdecide that all raquentionards of this saponification have been met at she tome Of submittal
PART 4.SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDI ZONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
Barry Hudson t® / 90 .
Pont Apptican 's Name: Applicant's SlgnetSlgnat
rY
The Slate of Tr %6 ioc J
counr y1�ycd ,,1 111� U A'1'O Tty ,, 11 1
Berme Me 1JVQaYIC� 7oL4rLA.fLe..1P4" on Mlamaypemmialiyappeemd �QU H)7,�]'�fiDr�
(notary) (—l —fapppoanry
known to me (w proved to me on Me oath of card or other cocumerx) to be Me person whose name is subscribed to the homman9 insbummil and
acknowledged to me Mat he executed the same for Me purposes and consideration Marvin expressed
(sealJGfven undermyhard aMseal ofoMce th6 dayof AD. �yd
x'�NDPNAIDAIIA 5962949 ✓
NMary AJJAAffibAa49 Nda In And For el D ores
My eMnmksion Expfres
IXtober 3, AAAA 1
H.A. . Development, LLC
Pont Property Owners Name: P wines signatum:
Thestale Or IN(AC
GowrtY OITLI'IZ_n av1�_ �\
Belam Me N if/nW dry)Vtwryf Y/ on this tlaypersonalty appeared �f 37 TRrYI�—
( rpmpedyuwrrey
known to me (or proved to me ou Me oath oI card or Mher dooumeng ro be the person whose creme is subscribed to the rwegang instrument sod
acknossledged to me Met he executed the same air the[}
resposes and consideration ��,�.�qq�p
ideration themM expressed
(Sesl)Gi✓en under hand and seal of Mice this 1�_dayof .IUVV A.D.. arc.
� ';�m,- MEGHAN H. DECKEq
g: .;�,_Notay Public.State o7 Texas ��y
yl .)�= Comm.Expires teA4-2024 Nine In rid f aG
Notary ID 130847431
aa�RAP '�'1'YE,
CITY OF GRAPEVINE
SITE PLAN APPLICATION
Form "B"
PART 1.APPLICANT INFORMATION
Name of applicant/agent kaa pmnykorsacf
Barry Hudson
Street adaees ofappgaaM/Wet
550 Bailey Avenue, Suite 400
Cay/State/Zip Code ofapplisanf/agent:
Fort Worth,Texas 76107
TekFhone rwmbarolapplkaM I agent: FaxnumberolapplkeM/agent
817-335-1121 N/A
Email adtlress of aptekanviaenf Afobge phone number aappMcanf/egent
817-300-7240
Applicant's intamst in subject property.
Civil engineering consultant for developer
PART 2. PROPERTY INFORMATION
Street address orsup'ecf prapety
1039 E. Dallas Road
Legal descdp6on ofsub(ect property(metes 6 bounds must be descrawd on 8 la"x f I-Sham)
Lot 1 ekna 1 AdoYtion Moore Esther Addition
8izvawbjaRpropedy
0.925 Aries 37,368 Smea ko
Present zontog cbasfioatbn: Pmpoaeduwoftheproperty.
Light Industrial (LI) Construction Trade Offices
Gym a general ofmcee tlon Mfheproposed we or uses kr Ne propaaed devekpnant
Construction offices and storage for H3 Construction
zoMrgw-dmanraproiaion rernrkrg a oor�dmonal wa:
20,000 square feet minimum lot size in LI Light Industrial
PART 3.PROPERTY OWNER INFORMATION
Name Mcurrenf pnooedy owner.
H.A.W. Development, LLC
Sfreef eddreas a{Pmperlyowrar:
455
ale� PO 9L17
Ofy/State/Zip G eofp rly owner:
Roanoke, Texas 76262
Telephonemrmbarorproperlyowrac I Faxn s"berdyropedyowner
940-295-4488 N/A
w Attach a final plat, orreplat,of Meapprovedsobaivision by cilyrouncilshowmgpropedyboumhay fines,dimensions,ezmments,
roadways,nuf fines, aW public rghh-of waycrossing arW adjacent N the hact(f Nueline copy)
® If a master development plan is required, attach a statement showing the proposed use subCatk&conforms In Me master development
plan.
* Submit antre plan showing all Mformahm required by Section 47 E.Site Plen review requirements(attached requirements).
® ProvWe as required inlormagon demonsMsfkg compliance with as conditions imposed on any conditional use,eke plan zoning, or
conditional me zoning.
® All site plans must conform to Me approved concept plan. Any changes M a sifoplen,appmvetl with a corWdional use era cmAitbrel
use, can only be approved by city council through the public hewing roes
PART 4.SIGNATURE TO AUTHORIZE FILING OF A FINAL SITE PLAN
Nicholas J. Powell 00Z�
PrIWApph'cant'a Name: Appff"nt's Sfgnahne:
The State tN T F_\i.A 5
Countya 7*e- p 'UT 11
eefo,e Me �IDCMC, "I atru+,�� on M;a darcemarwlyappeared �I�jaJ�. Q6uJe�l
(notdy) t (appacann
known to me (or proved to me on the oath of wW or other oacumeN) to be the person whose name M subscdbed to am foregoing instmmem arW
acknowledged to me that he executed the same for Me��p�Y una�was erW consideration therein expressed
(Sean Given under my hand and seal ofdfice hate I May o( t ia� A.D. A I�/
e✓`O NORMAIDAWI2AMAR0.IPA �I NIQ _ (P Kq/✓5.(J1P/
Notary lD g1238629s9 Not In And For$iN f xas
8 MyewaedreonogAres
October 2,2022
H.A.W. Development, LLC
Print Properly Owners Name: nw's Signature
The State of Teo s
coumy of Tnvl.vmll-L
Be/fide Q�f[ aErye V/ on Mis day persanal,Yappeared \a 1TA Y)Lh
(re (asp wyowrie�
known N me (or proved to me on Me oath of card or other document) M be Me thman whose name is subschbod fo the loregdng instrument and
acknowledged to me Met he executed the same for Me purposes arm cwwiderefipn Menem expressed
(Seel)Gwen under my hand sand east ofofrne this day ,t 1✓LO .A.D. 9022� .
``.''"" o,• MEGHAIA H. BECKEI
ANOmty Public.State of TaxaeLe
� Comm. E%pdes t00A-2024 ryotay A OForSta fATexs
°•'n6"�ac Notary ID 130844431
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 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: June 6, 2022
Signature of Owner
Date: Jura G, 2022
ILLUMINATION PLAN
An illumination plan to include a site photometric (including illuminated signs) and
all fixture details shall be submitted as part of the site plan review process.
Applications will not be accepted without this requirement.
I hereby acknowledge that an illumination plan has been included as a part of this
submittal.
Applicant Signature
Date: June 6, 2022
Property Owner Signature
Date: June 0, 2022
PLATTING VERIFICATION
This verification statement must be signed prior
To the submittal of this conditional use application
It has been determined that the property described below does require
platting or replatting and the applicant has been instructed on this
procedure.
It has been determined that the property described below is currently
platted or does not require platting or replatting at this time.
Address of subject property 1039 E. Dallas Road
Legal description of subject property Moore Esther Addition: Block 1, Lot 1
'11 "JL( C-,� �--1� 1- 2Z
Publi Works Department Date
This form must be signed by the public works department and submitted along with a
completed application to the planning services department
JUN 0 3 2022
8
W02'2:�030
By: .....................
PROPERTY DESCRIPTION
(Taken from Recorded Plat, dated July 1983)
The following described tract or parcel of land situated in the Esther Moore Survey,A-1029,Tarrant
County,Texas and being a tract recorded on Page 58 of Volume 4128 and a tract recorded on Page 558
of Volume 4152 in the Tarrant County Deed Records and another tract conveyed to Michael G.Albano,
et ux, on May 27, 1952 and being more particularly described as follows;
BEGINNING at an iron rod in the North line of East Dallas Road and being the Southeast corner of Lot 60,
SUNSHINE HARBOR ADDITION,to the City of Grapevine,Tarranty County,Texas as recorded on Page 34
of Volume 388-23 in the Tarrant County Deed Records;
THENCE N 1° 37' E along the East line of said SUNSHINE HARBOR ADDITION a distance of 174.53 feet to
a fence post;
THENCE S 89°47' 35" E along a fence a distance of 216.0 feet to an old iron rod;
THENCE S 1° 37' 25"W a distance of 173.75 feet to an old iron rod;
THENCE West along the North line of said East Dallas Road a distance of 216.0 feet to the place of
beginning, containing 37,601 square feet or 0.863 acres of land.
ORDINANCE NO. 2022-047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU22-30 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN TO ALLOW A CONSTRUCTION TRADE OFFICE IN A
DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT FOR
BLOCK 1, LOT 1, ESTHER MOORE ADDITION (1039 EAST
DALLAS ROAD) 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); 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 and 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Ordinance No. 2022-047 2
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 CU22-30 to amend the previously approved
site plan to allow a construction trade office with storage yard in a district zoned "LI", Light
Industrial District within the following described property: Block 1, Lot 1, Esther Moore
Addition (1039 East 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 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.
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
Ordinance No. 2022-047 3
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 first reading on this the 19th day of July, 2022.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the 16th day of August, 2022.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2022-047 4
Ordinance No. 2022-047 5