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HomeMy WebLinkAboutItem 02 - CU00-57 Fleet Automotive ServiceITEM 1 '1- �� TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER DATE: DECEMBER 5, 2000 SUBJECT: C000-57, FLEET AUTOMOTIVE SERVICE RECOMMENDATION City Council to consider the above referenced case, tabled from the November 7th and 21 st Council meetings, and take any action necessary. BACKGROUND INFORMATION The Planning and Zoning Commission recommended denial of this case, which involves a conditional use permit for an automotive repair facility, on November 7, 2000. The reasons for the recommendation of denial expressed by the Commission included: • concern regarding the setting of a precedent by allowing this type of use in a light industrial warehouse; • question of whether this is the highest and best use for this site; and • question about the number of vehicles parked in the area. Because of the Commission's recommendation for denial, a super -majority vote of the City Council is required to approve the case. Since two members of the Council were absent that evening, the City Council tabled this case to the November 21, 2000 meeting. The City Council, at the November 21 st meeting, tabled this case to December 5, 2000 to give the Council members who were absent on November 7th an opportunity to review the minutes and audio tapes of that meeting. O: \ZC U\m e m o. C 0 0 0-57 b N E I TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION. , FROM: ROGER NELSON, CITY MANAGER/// H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICEStija MEETING DATE: NOVEMBER 7, 2000 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION C000-57, FLEET AUTOMOTIVE SERVICE Grapevine evine . L.k k ot-'e APPLICANT: Fleet Management Services, Inc. PROPERTY LOCATION AND SIZE: The subject property is located at 804-D Port America Place, Block B, DFW Industrial Park Phase I Addition. The addition contains 2.52 acres. The property has approximately 387.9 feet of frontage along Port America Place. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit for an automotive repair facility located within a 9,000-sc . ft. warehouse lease space. The proposed automotive repair facility would service fleet vehicles of other companies under contract with the company. The type of service offered will be automotive repair. There will be no automotive paint or bodywork performed at this location. PRESENT ZONING AND USE: The property is currently zoned "Ll", Light Industrial District and is developed as a warehouse facility. 01mu/C000-57.4 ill October 30, 2000 (3:48PM) The subject property and surrounding areas to the north, south and east were rezoned from 1-1" Light Industrial District to "Ll", Light Industrial District in the 1984 City Rezoning. The area to the west of the subject site was rezoned to "PID", Planned Industrial Development at that time. Several conditional use permits have been approved for freight forwarding uses (J.A. Green) to the west of the subject site. � 1 1111' jii:ill NORTH: Ll", Light Industrial District — DFW Industrial Park SOUTH: "Ll", Light Industrial District — DFW Industrial Park EAST: "Ll", Light Industrial District — DFW Industrial park WEST: "PID", Planned Industrial Development District — Port America Green freight forwarding facility. AIRPORT IMPACT: The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. In "Zone B" the following uses may be considered only if sound treatment is included in building design: multifamily apartments, motels, office buildings, movie theaters, restaurants, and personal and business services. Single family residential and sound sensitive uses such as schools and churches should avoid this zone. The applicant's proposal is an appropriate use in this noise zone. The Master Plan designates the subject property as Industrial. The proposed automotive repair facility complies with this designation. The Thoroughfare Plan designates Port America Place as a Type C Minor Arterial with a minimum 80 -foot right-of-way developed as four lanes with a turn lane. /Ci 0:/zr-u/CU00-57.4 2 October 31, 2000 (10:54AM) 114 R ON am �1 N 0000 Z98-09 AM At Of pop"D14 -P-ID LI R OU95-08 6wW Site Location emu .......... j 4A114 .............. .............. COP .............. N%Aqm I IAM a PQVZUMIWA PL PID jND ay�g ysfftoroop 90 2 LI �pN 0 1 t,o 7AMS R= 1122 AC 'M 2 lot sot &M AC ODA" AC ,lot 7 NSA"Ac OLD04 AC CUOO--57 ,a Fleet Automotive 400' --- I Service o 'M ID sr t l At an 0C 2k2 Tr'97:&32 UMAt: CU96-;84 Iw PCD 114 R ON am �1 N 0000 Z98-09 AM At Of pop"D14 -P-ID LI R OU95-08 6wW Site Location emu .......... j 4A114 .............. .............. COP .............. N%Aqm I IAM a PQVZUMIWA PL PID jND ay�g ysfftoroop 90 2 LI �pN 0 1 t,o 7AMS R= 1122 AC 'M 2 lot sot &M AC ODA" AC ,lot 7 NSA"Ac OLD04 AC CUOO--57 ,a Fleet Automotive 400' --- I Service :. 02 ' 00 (WED) 12:11 5ssp—Zq_00 12:14Aoov loeM•Qr.t 5�rv�c8 row 4� of �- f f wilgi =—ncMiwww l*omit 3-\ � C-�y \ V -\y-9-'3 www" mwlmz=wwprlr' Lr= 9729073703 PAGE -2 RECEIVED s t$j / 4sv sV16J . . -- OCT 4 3 2000 PLANNING -'iRAPFVlNEFl CONDITIONAL USE APP LIC"ON :Farm `A" M 97 MMEE My wmuVRu"__ 0C5 Po RTAM 0jK1C`.4 PLItAfg vt9 _G_,_TA ,— ift a r t r i.. .: ��. •T:::: : ,..: • 1. ..... .. •. NJ.....:.... r ,.r•.. :. 33 "d L9i►S=9Ti-GtB-T 933IAM3S lM3W39HMHW 13313 d9t,:Z0 00 sa aes ti OFT. 02 '00 (WED) 12:11 9729073703 PACE. 3 Sap -29-00 11: 14^ (f0VQ I09mm-1. LTC• 1 -- Now iomw om ar%d effoom m0 Ufa spoi6m6an aw Amp"41064 b enowwo "fta ■ wa1d wM Dia ptemd eR re oppow lorp�aaa"w al er d6a-0 cruw SWE a Af p(&ft b..ray. wdt 6e qMr and MA*+0Y 9M0 os -!'I Or 1 WW rue.Msa door r. POW A00AW am a CG000G o m Fw am p"& rom Pebia hwkr p *maw as as a a Anop I a so #M pw mst whm miwormrdor) mopeored «,i, ao +1 oma a oaupiroirl 0 con ontl!R► d bl Y Waw rlMawh f* pubNe h+m VPMW Q 1 blare lend s+�r+�ahrNiR {TM iegeii� as sat Amt by i►t 1p�etr�tien Aoreondllar►ese Or awwfiiartottact pearl �� 11mt �M arra Harm bnn aiat d {he �► ariubr�o.t PART A- SMATURE TQ AUTHORME CQND(tiCMA4 USE REQUEV A� PUkCE A C UK REQUEST 86W ON IM SUBJECT iRlOP£R'TV ��.► a �'e .,.�rLde�s,a?� _____�«�.�,�.ar, � mes �. G�l�1c �e baa1K! b ae pr XpkW 00 M 4a ft *Wh Or lard Or~ dootsneaq b tK &A PmW wftW "m is ftA=ftd 10 #0 ANP611410 ler "A" sed K1vdb w� ru! Jre �em+bd Iba s� MdrMm 11EI� 2nd aortsidMatloet Int nrpsspd +»+r bee 'LQ �2g20 GE RIE A. ANDERSON ' Notary Public STATE OF TEXAS OFR* Comm. Exp. 0819 2002 .y+dPor QTt�a �1EjhjqAP%TSj4 LT vr.(�"T 0 it fia swp & TEXAS aw*or,-___N A�_ 1pmoMw - 4%i z'�L ,I GRIM 0 Pf=Wk* Jeffrey��+er ` S Vice President bf Weingarten Realty Investors, i wwo b m8 W P bane en !Ao o@0 or and or a0 w 010*1144 b Of ria 111201 mt,ora f0m n sum?&+d a 00 kaooaMo Irrua and �lM 090+y - a.+s 6W J* 0w0d Nw sem. Aorf* pw*aias aadeaneid0 No' ki erI s t 1 tSaq ELSE J. WMAN N*q PebNc. 8efe d T6w My CW048 a E*= NOVEMBER 3, 2003 E -d L9i8-9Tb-LT8-T RECEIVED OCT o 3 Zoog PLANNING S33I AUBS IM316139bubw InnIA da*.:20 DO CZ deg Oct -03-00 08:56A Air One Transport Group 316 721 3065 P.06 fleet Management Services. Inc. 1813 S. Florc.nce Wichita, KS 67209 October 1, 20N) We hereby respectfully request that we be },-anted our application for conditional use to operate a fleet automotive repair service. We. have selected the property in question clue to its proximity to our customer base of air freight forwarder` workincc g on the Dl. W Airport facility. The building next to our proposed facility has recently served as the automotive repair facility for Budget Rentals, as well as within I mule of the property there is a retail outlet li)r National Tire & Battery. We feel that we will not create ally harm to the: surrounding businesses. in fact, we will become a benefit to diem due to our close proximity in Providing this needed service_ We operate locations in lour other state., and have always, and will continue. to operate within all applicable Federal, State & local regulatkms regarding our operation%. I upprcciatc your willingness to consider our rcilucst. Very truly yours, William laggar President RECEIVED OCT 4 3 ?000 PLANNING OCt-03-00 OB:56A Air One Transport Group 316 721 3065 P.09 Sep -27-0U 10:32A Alt One Transport Gir-oup 31h /Y1 3065 N_01 pa iNJOC tLn KL10 144 • $--- .-1 .. .- - 4) PARCEL A O WNG a IS30 acre uvct of WD :hotrod in the Witham 8redford SurveY, Abmul No. 131, City of Gnpwine. I~t County, iewu. and being a portion of 0FW NDUSTRIAL PARK, Phase Oct, as recorded by plat in Volwue 36/ 119, Pate 16, May Records of Tarrant County. Teaas, raid 2.530 out tract btixg note particaMy dctuibed as follows: COMNONMG u a 112 -inch von rod with cap set for the intatsscsion of tlr C&A line of said Df411 jadustrial Pak, ft&x Oat. abd the nordittly tight-ot-way live of Po twrnerica Plat (a 60 -fact rWit-of•w.y). as dtscribed by riglu-of--way decd to she City of Grspevioe recorded in vokwe 6872, Pace h 199, need Raw* of TerAw county, few; TtMNCE NorMs 1T'fS'53" Wet aim# the northerly rightof--way amc of said PortAcnaicA P41ra it tSistwee 0(43 .01 fret b aa'X' cue in concMe set for Met P(ANl' or BEG(NMNG, TKENCE North 67'3311" West cwicuint along ted nanhotly tight -of -way lime a astaooe of 317.46 fact to an 'X' cut m Coccrttt+ in for tht begin:: *(a nooaanteat curve to the right Lavint a central u%k of 06.17'32' and • redid ltwu and &mace of North 13'4915' Set 35.00 tact: T3FE4CE Aw*%vestaly Boat said ewve for an arc dinattt of 114 feet and a ehwd b amt and distant! of Notch 01.01'59' West 3-84 cwt to so 'X' eat rn eonaefe aw far tbse p*W of baggy. THENCX: North OMI 7` East • distance of 241 22 test to a P.K. nail " for die poiw of cun+arat of a curve to tbo fight hating a cravat angle of 90'3 MY had a •adios of 35 00 feet; THENCE ltorthwttily afoot said utrt to ibe nght for an we disame of SS.2S fen and chord bearing and dista�ni.a of North 45'20'12- gut 49.611 feet to a Irl-orch !ton rod with cap found for the point of twiency. THENCE South 14'2610" Past a distance of 319.00 fat to a r.K magi set for the pour of CotmtuPc or* crave to tl►e right hAv%ft a oantrsf m 2k of 14.32 57` rqq at6wU6 of 33.00 feet; "IH>rNtr soatbcastrrty along said aunt to the tiglit tet art we distance of 34, t0 gent Yd a chord dstance nerd betsriag of South 44'3412" Fast 49.30 tett to an'X' cat in concrete tet forthc point of tangency: TWNU South 00.06'47" Weir a distance of 244 it feet to an ''X- too to eonctatt set fiw the point of varvarute a a tune to she right hwiog a cantrai angle of 10.12'12" and a radius of 35.0. THF -NCE southweetccly &toog said cw •e to the nghi fa an arc distance of 6.23 fed tad a chord bawiq and diatanee of South 03.12 53" West 613 ket w the POINT OF BEGUJkMG. Containing a computed arta of 110.211 Xprc feet or 7 530 suet of 104, mom or tell. PARCEL 8 Teat Certain 0.9909 acre tract of land dcaisr&ted as an iatms and eves: easement benefiting Trac 11. aatad by shot certain Recip " Gt&nt of Access Eawmtors by and bot wan D.f W. fodwnrial lark. & Testas Geaaal TarlacrsLiP, aw6 D.F.W. Lrdustnal Calc - Phaae U. a Teat ?0409 DFw Ioduauiat Puk 01/15/9 CA Page i an wvz RECEIVED PLANNING ORDINANCE i 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 CU00-57 FOR AN AUTOMOTIVE REPAIR FACILITY IN A DISTRICT ZONED "LI", LIGHT INDUSTRIAL 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, 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 No. CU00-57 to allow an automotive repair facility in a district zoned "Ll" Light Industrial District Regulations within the following described property: Lot B, DFW Industrial Park Phase I Addition (804-D Port America Place) 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 5th day of December, 2000. ATTEST: ORD. NO. 4 a ru m —_ u z 0 0 0 5] II I IdJ d I I6 3 Ln LLJ 2 Ix Ata �cc Z � A x� 4+ � Mkibn CIYpN z a