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.
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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
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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.
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PLANNING
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PART A- SMATURE TQ AUTHORME CQND(tiCMA4 USE REQUEV A� PUkCE A C UK
REQUEST 86W ON IM SUBJECT iRlOP£R'TV
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GE RIE A. ANDERSON '
Notary Public
STATE OF TEXAS
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RECEIVED
OCT o 3 Zoog
PLANNING
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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
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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
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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
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