HomeMy WebLinkAboutItem 04 - CU01-04 Richardson Golf CartsG STEM
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: MARCH 20, 2001
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT QF
CONDITIONAL USE APPLICATION CU01-04. RICHARDSON
GOLF CARTS
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APPLICANT: Jason Richardson
PROPERTY LOCATION AND SIZE:
The subject property is located at 515 East
Northwest Highway, proposed Lot 1, Block 1, Enway
Addition. The addition contains .34 acres. The
property has approximately 80 feet of frontage along
Northwest Highway.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the approved site plan of
of CU91-16 (Ord No 91-68) specifically to allow for the retail sales and service of golf
carts.
The site has been developed since the late 1970's. Although several non -conformities
exist on this site, Case No. BZA91-21 was approved in September 1991, authorizing the
site to exist as developed. It should be noted that the applicant is attempting to meet the
intent of the Landscape ordinance by installing landscaping along the front of the building
and in the southeast comer of the site along Northwest Highway and planting ivy along the
eastern wall of the facility.
01wu/CU01-04.4 1 March 14, 2001 (8:33AM)
PRESENT ZONING AND USE:
The property is currently zoned "CC", Community Commercial District and is the site of J's
Closeouts and Bargains.
The subject property and areas to the north, east and west were rezoned in the 1984 City
Rezoning from "C-2", Community Business District to "CC" Community Commercial District.
Areas to the south were rezoned in the 1984 City Rezoning from "C-2", Community
Business District to "HC", Highway Commercial District. CU87-08 for an automotive body
repair and paint shop, proposed for the subject site, was denied in November 1987. CU91-
16 (Ord. No. 91-58) for a building materials and sprinkler supplies with outside storage was
approved on September 17, 1991. BZA91-21, approved in September 3, 1991, allowed for
the continuation of the nonconforming status of the subject site. CU85-02 (Ord. No. 85-
66), for the Fina gasoline station located to the south of the site, was approved in October
1985, allowing for the retail sale and storage and off -premise consumption of alcoholic
beverages (beer only) in conjunction with a convenience store. CU89-06 was approved
for the same site in May 1986, allowing for modification of the landscape plan. The
property to the west was developed as a gasoline station with auto repair in the early
1980's. CU92-04 (Ord. No. 92-36 was approved in July 1992 allowing for the possession,
storage and retail sale and off -premise consumption of alcoholic beverages (beer only) in
conjunction with a convenience store.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC", Community Commercial District — Conseco Warehouse and
Storage
SOUTH: "CC", Community Commercial District — Fina gasoline station and
convenience store and Jiffy Lube
EAST: "CC", Community Commercial District - Vacant
WEST: "CC", Community Commercial District — Texaco gasoline station and
convenience store
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
OJIWCU01-04.4 2 March 13, 2001 (8:39AM)
is an appropriate use in this noise zone.
The Master Plan designates the subject property as Commercial. The proposed golf cart
sales and service facility complies with this designation.
The Thoroughfare Plan designates Northwest Highway as a Type C Minor Arterial with a
minimum 80 -foot right-of-way developed as 4 lanes and turn lane.
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0:/zcu/CU01-04.4 3 March 13, 2001 (8:39AM)
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RECEIVED��.
JAN 0 8 2001
- PLANNING ,
TB A S CITY F V
CONDITIONAL USE APPLICATION�-
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant /agent:
JAsa ,1 a�oi s
Street address of applicant/ agent
O L- A r -e 2.-� D (0
City / State / Zip Code of applicant / agent:
Telephone number of applicant /agent
Fax number of applicant / agent:
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Applic�nt's interest in subject property:
(a
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PART 2. PROPERTY INFORMATION
Street address of subject property
-51 ' C. O/Z e S r e; 60
Legal description of subject property(metes & bounds mustbe described on 8 1/2' 11 " sheet)
Size of subject property
g, X %r 5- Acres a 2 () Square footage
Present zoning classification:
Proposed use of the property:
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.
4'hWA-
Street address of property owner.
317 5, -,.1 e,) K /"
City/ State /Zip Code of property owner.
Get tee, v ;u-- i--tK '7&0S-1
Telephone number of property owner.
Fax number of property owner.
9t 7-C18/--636/
8/7--3L9-775"
❑ 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 yawls, 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 B' .
Q The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
RECEIVED
082001
U 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. PW N I N G
'
All pubic hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continue o e next public
hearing. Public hearings will not be tabled.
•d 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.
O t have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that
alt 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
..J As o r4 P- i " A r J so rJ
The State
County Of riu�r�r�
Batts Me b Gr J_ on this day personally appeared
(notary) (applicant)
known to me (or proved to me on the oath of card or other document) to be the person whose n e is subscribed to the foregoing instrument and
ackrxWedged to me that he executed the same for the purposes and consideration therein expressed.
(Seaq G -qX d al of ofl`ice this day of 4
CVM14€:.
Notary In AM For State Of Texas
County of�1���°$'.
Befae Me on this day personally appeared�l?��a
%(notary) r4perty 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.
(Sean Given under my hand and seal of office fts day of� A.D.
F ... imroteSION Ei;3'i ES '
Notary in AndFor State Of Texas
ACKNOWLEDGEMENT j A N Mi
P LAAMW G
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 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.
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 an requirements of this
application have been met at the time of submittal.
Signature of Applicant
Date: f - z - 0!1
Signature of Owner
3117 S.
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RECEIVED
PLATTING VERIFICATION JA At Q r
PLANNING
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
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 at this time.
,ddress of subject property td I ra & . KJVP-7 y-fe6r` 40Y
Legal description of sub'ect property � Le
91 P P rty of ! M d Du;4- o t' A- F leo
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Date
This form must be signed by the public works department and submitted along with a
completed application to the planning and zoning department
RECEIVED
JAN 0 8 2001
This is an existing building on an existing developed lot which fronts West Northwest Highwa f LAN N i N G
near the intersection of Dooley. The owner wishes to lease the building for the sale and
maintenance of golf carts. All work will be performed within the building although there will most
likely be limited storage of carts behind the building.
It is anticipated that there will be no more than three owner/employees and three to four
customers at the store at any one time.
Although the onsite maneuvering of vehicles is very tight it can be done as drawn.
Two oak trees are shown in the Right of Way since this is the only place to plant a tree. A small
planting of Bufford holly at the street is possible, as is ivy along the east side of the building, and
existing plants in the front planter will be maintained. Hand watering is adequate.
No change of zoning is required. Conditional Use Permit is required. The lot is not plated but
described by metes and bounds.
e�t ,-J /- e �
ORDINANCE NO.
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 CU01-04 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
91-68 TO ALLOW THE RETAIL SALES AND SERVICE OF
GOLF CARTS 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 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
ORD. NO. 2
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:
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 No. CU01-04, to amend the site plan approved by
Ordinance No. 91-68 for building supplies with outside storage, specifically to allow the
retail sales and service of golf carts (Richardson Golf Carts) in a district zoned "CC"
Community Commercial District Regulations within the following described property: Lot
1, Block 1, Enway Addition (515 East Northwest Highway) 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. 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. 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.
ORD. NO. 3
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. 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. 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 20th day of March, 2001.
ATTEST:
ORD. NO. 4
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