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Home My WebLink AboutItem 04 - Z01-17 and CU01-67 NissanC, G ITEM / -`/ . .2 3-0-_ PSZ. * to Z_ TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGE�� H.T. HARDY, DIRECTOR OF DEVE OPMENT SERVICES MEETING DATE: JANUARY 15, 2002 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z01-17 AND CONDITIONAL USE APPLICATION CU01-67, NISSAN I, I I I I — Grapevine 5?, 'DO Lake John Hines I t I ve Lake ' I I 1 > I 55 I LH.1635 m Northwest PROPERTY LOCATION AND SIZE: The subject property is located at 440 West State 1 S DFW ; I Highway 114, Lot 1R-1, Block 1R, Payton -Wright Hall -Johnson y�so Airport a Addition. The addition contains 7.003 acres. The t--- o property has approximately 1,103 feet of frontage L _I Glade Rd. — d _I along State Highway 114 West. H `c REQUESTED ZONE CHANGE AND CONDITIONAL USE AND COMMENTS: The applicant is requesting to rezone a 7.003 acre site from "HC". Highway Commercial District to "CC". Community Commercial District and a request for approval of a conditional use permit to allow the sales and service of used cars with a maximum time limit of two years. The applicant is proposing to operate a Nissan dealership at the site. The State of Texas requires all new automobile dealerships to obtain a new vehicle dealer license from the Texas Motor Vehicle Commission, which is normally a one year process provided there are no appeals. In the event of an appeal, the process could take up to two years to complete. The applicant is proposing to utilize the site for the sales and service of used cars until a new vehicle dealer license is obtained. The request to rezone the site to "CC" Community 0:/ZCU/Z01-17.4 1 January 10, 2002 (8:58AM) 0:/ZCU/CU01-67.4 Commercial District, is to accommodate the request for used car sales since the sales of used cars is not an allowed use in the Highway Commercial District. The Conditional Use Permit will have a maximum time limit of two years during which time the applicant will be going through the application process with the Texas Motor Vehicle Commission. The conditional use permit will expire either at the time the applicant receives the new vehicle dealer license or at the end of two years, whichever is first. PRESENT ZONING AND USE: The property is currently zoned "HC", Highway Commercial District and is the current site of Payton -Wright Ford. The subject property was rezoned in the 1984 City Rezoning from "C-2" Community Business District to "HC" Highway Commercial District. The Board of Zoning Adjustment approved BZA92-27 to allow variances to the minimum open space requirements, maximum impervious area, front yard setbacks, and landscaping requirements and allow some nonconforming uses on the site. Variance request BZA94-12 was approved allowing the above referenced variances as well as a special exception for the expansion of a nonconforming use. BZA96-08 was approved providing for the remodeling or enlargement of a nonconforming use. Conditional Use Permit 96-06, approved in April 1996, allowed for an expansion of the shop building. CU98-16 and SU98-03 were approved in April 1998 for the relocation of an existing flag pole and the collocation of a cellular antenna structure on the flag pole. The First National Bank site, located to the east of the subject site, was rezoned from "C-1" Neighborhood Business District to "PO" Professional Office District at that time. Case No. Z95-16 rezoned the site from "PO" Professional Office District to "HC Highway Commercial District in November 1995. CU95-29 approved the expansion of the Payton - Wright site onto the western portion of this site. The property to the north was rezoned from"R-1" Single Family District to "R-7.5" Single Family District in the 1984 City Rezoning. It is currently developed as the Bellaire Addition. The property to the west was rezoned from 1-1" Light Industrial District and "R-1" Single Family District to "HC" Highway Commercial District in the 1984 Rezoning. The property has developed as the Haley Addition Planned Commercial Center. SURROUNDING ZONING AND EXISTING LAND USE: • 0 1 N 0:/ZCU/Z01-17.4 0:/ZCU/CU01-67.4 "R-7.5", Single Family District — Bellaire Addition. 2 January 10, 2002 (8:58AM) SOUTH: "CC", Community Commercial District — Freeman Pontiac dealership, Olive Garden, El Fenix, Tony Roma's and Joe's Crab Shack. EAST: "HC", Highway Commercial District — Payton Wright Ford Van Sales and First State Bank of Texas WEST: "HC", Highway Commercial District — Tia's and Grady's Restaurants ETMX - • 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. The Master Plan designates the subject property as Commercial. The proposed use complies with this designation. /cj 0:/ZCU201-17.4 3 December 28, 2001 (10:33AM) 0:/ZCU/CU01-67.4 11 1 i i ZM AD Z7341I I Cl GI Q ins E ',INE ST zj -38 VwffT r vE);jw K 21 ZB 2 XAC CU9945 .. ....... . 4 is 11 4 n 4 4 Ir 2 io ......... JIAC Iwo I? lo I co at Cv sti ms 4 14 crr. 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A-C laws IAMO 28 cc In Favix off" INKS cu 7 VE26 3CC CU94-22 it i CC 4 CU97-09 6 ZOO--179 CUOI-67 1 = 200 Nissan 1. 3. 4. 5. 6. 7. 8. a ZONE CHANGE/CONCEPT PLAN APPLICATION RECEIVED DEC Q 3 2001 APPLICANT/AGENT NAME John Hines 01- ANN1NG COMPANY NAME Grapevine Auto Land=, T T r_ - ADDRESS 1800 Peachtree Road N.W.-Suite 600 CITY Atlanta STATE GA ZIP 30-409-2516 PHONE # 404-351-2656 FAX # 404-351-9859 APPLICANT'S INTEREST IN SUBJECT PROPERTY Tenant PROPERTY OWNER(S) NAME Payton Realty Mgt-, Ltd ADDRESS C/o Mr. Jimmy C Payton, Sr., P O Box 1662 - CITY Euless STATE Tx ZIP 76039 PHONE # FAX # ADDRESS OF SUBJECT PROPERTY 440 west Highway 114., rrarwirina TX 76051 LEGAL DESCRIPTION: LOT IR -1 BLOCK IR ADDITION PaYton-Wright SIZE OF SUBJECT PROPERTY 7.003 ACRES _ SQUARE FOOTAGE METES & BOUNDS MUST BE DESCRIBED ON 8 1/2" X 11" SHEET PRESENT ZONING CLASSIFICATION He Highway commercial PRESENT USE OF PROPERTY Automobile Sales REQUESTED ZONING DISTRICT _ cc community commercial THE APPLICANT UNDERSTANDS THE MASTER PLAN DESIGNATION AND THE MOST RESTRICTIVE ZONE THAT WOULD ALLOW THE PROPOSED USE IS MINIMUM/MAXIMUM DISTRICT SIZE FOR REQUESTED ZONING 2 V99 o:zculappzn-cp www. d.grapevhe.tc. us ea DESCRIBE THE PROPOSED USE Automobile sales and service �Ep 2 7 ?0 11. THE CONCEPT PLAN SUBMISSION SHALL MEET THE REQUIREMENTS OF SECTION 45, CONTENTS OF A CONCEPT PLAN, SECTION 45.C. EFFECT OF CONCEPT PLAN ALL SUBSEQUENT SITE PLANS SHALL CONFORM TO THE CONCEPT PLAN SUBMITTED WITH THE ZONING APPLICATION. All Zone Change Requests 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 concept plan approved with a zone change request can only be approved by city council through the public hearing process. ave read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. 12. SIGNATURE TO AUTHORIZE THE FILING OF A FINAL SITE PLAN. APPLICANT (PRINT) APPLICANT SIGNATURE OWNER (PRINT) OWNER SIGNATURE 'o:zculappzn-cp www.a.grapevine.tx. us rx 1/99 MUD DEC 0 3 2001 --�' PLANNING The State of LeX uS County of Y Q' Ila s a Before me .�'7�e y- �: ,� vA v� a on this da Y P ersonal{ Y app H p, ; HPs known to me (or proved to me on the oath of ,C, N or through (description of identity 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. Given under my hand and seal of office this 2- % PETE.R O'JANAGH .:`��\ Y PU tt�+. SEA Ftp ... �LPUBLIC t+�OT'+SY EN: STATE of TEXAS MY cci-W- EXP. W242003 ttnrrrr��\`� The State of —T k or 15 County of Ta vo of kovewbe, Notary Before me tic t/Q Na on this day personally appeared i ,,V1 e S known to me (or proved to me on the oath of or through (description of identity 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. Given under my hand and seal of office this ;?-q7" day of o:zcu\appzn-cp 4 www.d.grapevine.tx.us A.D. 7-00 ,/- 1199 SEAL o.YPGy�-�rN KAVANAGH NOVAY Puguc Notary Signature OF TEXAS c STATE -24 2003My} tt1lIH11�\ o:zcu\appzn-cp 4 www.d.grapevine.tx.us A.D. 7-00 ,/- 1199 RECEIVED DEC 0 3 ?001 PLANNING UMAL DEFINITION PAYTON-WRIGHT ADDITION LOT IR -1, BLOCK 1R BEGINNING at an 5/8 -inch Iron rod found at the Northeast corner of said PAYTON- WRIGHT ADDITION; THENCE S 890 28' 36" W a distance of 316.24 feet to a 5/8 -inch iron rod found; THENCE S 890 23' 49" W a distance of 455.32 feet to a 5/8 -inch iron rod found at the Northwest corner of said PAYTON-WRIGHT ADDITION; THENCE S 000 38' 41" E a distance of 23.91 feet to a 5/8 -inch iron rod found at the Northeast corner of said LOT 1 R, HALEY ADDITION; THENCE S 890 21' 18" W a distance of 157.65 feet to a 5/8 -inch Iron rod found at the Northwest corner of said LOT 1 R, HALEY ADDITION; THENCE S 000 36' 09" E a distance of 295.35 feet to a 5/8 -Inch iron rod set at the Southwest corner of said LOT 1 R, HALEY ADDITION and being in the North right-of- way line of State Highway No. 114; THENCE N 890 49' 54" E along the North right-of-way line of said State Highway No. 114, a distance of 505.20 feet to *Texas Highway Department monument, at the beginning of a curve to the right having a radius of 1482.40 feet whose center bears S 000 06' 45" E a distance of 1462.40 feet; THENCE Southeasterly along said curve and along the North right-of-way of said State Highway No. 114 and through a central angle of 130 07' 53" a distance of 335.16 feet to a Texas Highway Department monument; THENCE South 760 59' 19" E along the North right-of-way line of said State Highway No. 114 a distance of 94.96 feet to an 3/4 -inch iron rod found at the Southeast corner of said PAYTON-WRIGHT ADDITION; THENCE N 000 37' 47" W a distance of 386.21 feet to the PLACE OF BEGINNING and containing 7.003 acres or 305,034 square feet of land. RECEIVED DEC 0 3A PLANNING CITY OF GRAPEVINE CONDITIONAL PPO`. Form r PART 1. APPLICANT INFORMATION Name of applicant! agent: / Peter Kavanagh, Zone Systems, Inc. John Hines Streetaddressofapplicant/agent. / 1620 Handley, Suite A, Dallas, TX 75208 1800 Peachtree Road, NW, Suite 600 City /State /Zip Code of applicant/ agent: Atlanta, Georgia 30309-2516 Telephone number of applicant 1 agent: Fax number of applicant/ agent: 404-351-2656 / 214-941-4440 404-351-9859 / 214-941-5259 Tenant / representative PART 2 PROPERTY INFORMATION Street address or suo)ecr propeny 440 West Highway 114 Legal description of subject property (metes & bounds must be described on 8 112'x 11" Lot 1R-1, Block 1R of the Payton -Wright Addition Size of subject property 7.003 acres Acres snt zoning classification. I Proposed use of the property: HC Highway Commerc Automobile sales ,,.,,., 1-vimrrm ristricf size for conditional use request. 305,034 Zoning ordinance provision requiring a condttionat use: Section 25 C. 7. PART 3. PROPERTY OWNER INFORMATION Name of current property owner. Payton Realty Management, Ltd. Street address of property owner., P.O. Box 1662 City/State /Zip Code of property owner. Euless, TX 76039 Telephone number of property owner: Fax number of property owner: ❑ 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 'B'). ❑ The site Elan submission shall meet the requirements of Section 47, Site Pian Requirements. 2_ RECEIVED DU 0 3 2001 OAlt conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public eanng at Me discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date, t� All public hearings will be opened and testimony given by apprcants and interested citizenry. Public hearings maybe contin6e7�� tt 11� b/ic hearing. Public hearings will not be tabled. O 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 alt the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that ait 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 Print Applicant's Name: 1 Applicant's Sign tare: The State Of-Te County Of Dar 11QrS Before Me e7E'i"" A VA Ha on this day personally appeared �Q `'r Vt / r r N e 3 (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. (Seat) Given under my hand and seal of office this o27 day of NeV`Q`" �� A.D. ,2 O D o`""��F"•, PETER KAVANAGH r .�T , ag. r Nc1,v<Y PUBLIC STATE OF TEXAS Notary In And For State Of Texas my COMM. EXP. 08-24-2003 nt Property Owners Name: Property Owner's Signature: i VAIMV Cc /V iii The State Of Te 4 01 County Of Before Me E. i R Vq von this day personally appeared •, itir Kt t/ �• r_1,4 �_ (notary) (property ow er) 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 Gnr ir�tiYt Yd 'a _ 9 _ day of_ d _, A.D. D 0� ,�`� !pyo% i--'ETER K!kvANAGH o Nra :,kY PUBLIC STATE OF TEXAS kly Comte. EXP. 08-24-2003 Notary In And For State Of Texas RECEIVED DEC 0 3 2001 ZONE SYSTEMS, INC. PLANNING November 26, 2001 Ms. Cindy Jackson, AICP Planning Department City of Grapevine 200 South Main Street Grapevine, Texas 76051 RE: 440 Highway 114 Dear Ms. Jackson: The above referenced property is the Peyton -Wright Ford Dealership owned by Jimmy Payton (Payton Realty Management, Ltd.). This property has been developed with this automobile dealership for many years. Our client, Grapevine Auto Land, LLC has leased the property and plans to continue to use the property in the same manner as it has been used in the past. Our client has been chosen by Nissan North America, Inc. to be the new dealer in Grapevine, Texas, The Nissan commitment letter is site specific to the Payton - Wright facility. The property will not be changed in any way immediately. As you may know there is a major new regional office being built by Nissan in the Las Colinas area. This dealership will proudly be the closest new dealership to the regional office of Nissan. There is an unusual situation only as the use relates to the zoning ordinance. In order for the new dealership to open as a new car sales dealership it must obtain a new vehicle dealer license from the Texas Motor Vehicle Commission. The administrative law proceeding is estimated to take one year to complete. In the event of an appeal this process could take two (2) years. For this reason our client is requesting a zoning change to CC Community Commercial and a Conditional Use Permit for Automobile sales and service. The Conditional Use Permit will have a life of only two years or until our client obtains a new vehicle dealer license whichever occurs first. Peyton Wright Ford was built prior to city zoning regulations that relate to the location of an automobile dealership at this location. In order to continue to use the Peyton Wright property a zoning change will be necessary along with a conditional use permit. The vast majority of the automobiles to be sold prior to obtaining a new vehicle dealer license will be late model Nissan vehicles. Given the zoning ordinance regulations as they relate to automobile sales, we are requesting a zoning change and a conditional use permit for automobile sales and service. Our zoning request is for a CC — Community Commercial district. We are also requesting approval of a Conditional Use Permit for automobile sales and service. This change in zoning along with the conditional use 1620 HANDLEY DRIVE, SUITE A ° DALLAS, TEXAS 75208 0 (214) 941-4440 • FAX (214) 941-5259 Jackson g City of Grapevine Page 2 RECEIVED DEC o -j 200, PL`Wjj,Ng permit will permit us to immediately begin business and convert it as soon as we obtain a new vehicle dealer license. Grapevine Auto Land's business is a new Nissan Dealership. The property will be converted from pre -owned sales to new car sales as soon as possible. Thank you for your help and professional advice on how we should proceed. Please contact me if you need anything to process our request. Sinc y, Peter Kavanagh Cc: John P. Hines, Grapevine Auto Land, LLC e�=1/ -- 1,7 AN ORDINANCE AMENDING 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 OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z01-17 ON A TRACT OF LAND OUT OF THE J.B. FAY SURVEY, ABSTRACT NO. 530 AND THE WM. BRADFORD SURVEY, ABSTRACT NO. 131, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "HC" HIGHWAY COMMERCIAL DISTRICT TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; 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 A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances 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 these requested changes 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 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 change 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, the 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, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, 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 zoning change, 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 does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; 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 change in zoning 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 a change in zoning classification 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: ORD. NO. 2 Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z01-17 to rezone the following described property to -wit: being a 7.003 acre tract of land out of the J.B. Fay Survey, Abstract No. 530 and the W.M. Bradford Survey, Abstract No. 131, Tarrant County, Texas (440 West State Highway 114, Lot 1R-1, Block 1R, Payton -Wright Addition), which was previously zoned "HC" Highway Commercial District is hereby changed to "CC" Community Commercial District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. 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 ordinances 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 safety 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 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. 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 15th day of January, 2002. ATTEST: ORD. NO. 4 #RDINANCE 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 CU01-67 ALLOWING AUTOMOBILE SALES AND SERVICE 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 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. CU01-67 to allow automobile sales and service in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1 R-1, Block 1 R, Payton -Wright Addition (440 West 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. 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of January, 2002. ATTEST: APPROVED AS TO FORM: ORD. NO. 4 OF. W &.0 O a- 0.1 CL) C2. to C_ C-0 ta�joc�_ \,O POS o S 89' 2Y 29 S 8 _ 23' 49" E 455.32' 'A S 0 W 38 41' E: - S_ 89. 21' 18_j ,57.65' 111 114 ISj.jEj I I I III -j I I I I I III -H I I ft�+CIE:� I I'l ITH C n JAE� V.,7. I 1.2 28'* 12 1 StjEt 1* 11 , 1, 1111111 -1 — — — — — — — — — — FIRE LANE le\ — ----- —--- — 4SRA E' 117 "j, 71 28':t 0 1:;F CL �iF PO 4 01 VT D A BELLAIR ST. f, z z 6cv2t .o suet AND SERVICE -4— -4 PAYTON WRIGHT FORD 0-1--1-- 4� �1% a$ U, JL_ WEST tol-* 28* MAP 0 V\ In 2 4 28'± 1 N +jjAjESI 1 "91 I Ii 1, 1 1 16 _11A P 0 B : tr'�- — — — N 89' 49* 54- E: 505.20' EXIST. 20' POLE SIGN NEW KNOX BOX THIS LOCATION PROVIDED BY FIRE DEPT, EXIST. 20' POLE SIGN STATE C 0 Ll HWY O)' E tr�L4a O�AN NORTH 4 01 VT D A BELLAIR ST. f, z z 6cv2t .o suet AND SERVICE -4 PAYTON WRIGHT FORD 0-1--1-- 1110 a$ OF STATE HWY 114 WEST -.-- VICINITY MAP NTS EXIST. 20' POLE SIGN STATE C 0 Ll HWY O)' E tr�L4a O�AN NORTH S Y, � HARBOR S 89' 28' 36" E — 316.24' DOOLEY SUR. A-422 — — — — — — — — — — — — — -- — FIRE LANE a — 'N 10 S1 .11111 41.69' s.00' I, z 15 Ii� 9 9 ,J 1 EXIST. FIRE HYDRANT 1 14 WEST AS—BUILT SITE PLAN OF PAYTON—WRIGHT FORD, INC. DEALERSHIP LOT IR -1, BLOCK IR PAYTON—WRIGHT ADDITION NOVEMBER 2001 N 0 (L _N 38.00 'S4.40 F4 32.00 35m,10..70' H [11 'IRE LANE C1. 1!i A R 1332.40. L 16 7B6 bit S 76. 59, CLOSEID y NOTES FOR BUILDINGS: BUILDING OFFICE/MAINTENANCE- 37,712 SF BUILDING COVERED OPEN AREA- 2,371 SF BUILDING OA TOTAL AREA ---------- 40,083 SF BUILDING ------------------ 6,072 SF BUILDING Q ------------------ 6.001 SF NOTES: 1) TOTAL SITE ACREAGE 7.003 ACRES 2)REQUIRED OFF-STREET PARKING 153 SPACES 3) DESIGNATED OFF-STREET PARKING 160 SPACES 4) DISPLAY PARKING 405 SPACES 5) PROPOSED ZONING CLASSIFICATION COMMUNITY COMMERCIAL 6) PRESENT ZONING CLASSIFICATION 'HC' - HIGHWAY COMMERCIAL 6) PRESENT USE - AUTOMOBILE DEALERSHIP 7)STANDARD PARKING SPACE 9, x 181 8) HANDICAP PARKING SPACE 14' X 18' 9) BOARD OF ZONING ADJUSTMENT APPLICATION BZA95-12 APPROVED AS A SPECIAL EXCEPTION ALLOWING THE EXIST. 60' SIGN ROLE NEW KNOX BOX THIS LOCATION PROVIDED BY FIRE DEPT. CASE NAME: Nissan CASE NUMBER: Zol-17 & OUDI-67 LOCATION: 440 West State Highway ilA Lot M -I, Black IR, Payton Wright MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION DATE: SHEET: i OF I APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY COOeS OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES EXISTING DEVELOPMENT TO REMAIN AS DEVELOPED. 10) Z01-17 AN CU01-67 IS A REQUEST TO REZONE A 7.003 ACRE SITE FROM "HC-, HIGHWAY COMMERCIAL DISTRICT TO -CC', COMMUNITY COMMERCIAL DISTRICT AND A REQUEST FOR APPROVAL OF A REVISION OF CONDITIONAL USE PERMIT TO ALLOW THE SALES AND SERVICE OF USED CARS WITH A MAXIMUM TIME LIMIT OF TWO YEARS AT WHICH TIME THE SITE WILL CONVERT TO THE EXISTING CONDITIONAL USE PERMIT FOR THE SALES AND SERVICE NEW AND USED CARS, LOCATED AT 440 WEST STATE HIGHWAY 114. NOTE: THIS DRAWING IS NOT A SURVEY, IT WAS COMPILED FROMPLANS ON FILE WITH PAYTON-WRIGHT FORD INC., OF CITY GRAPEVINE, AND ELLIOTT AND HUGHES INC. Requesting a Conditional Use Permit to permit automobile "I** and service. The currant land use designation as contained In the Comprehensive Master Plan Is Commercial. RFcEIVED j��C 20 2091 PLANNING PROJECT INFORMATIONs ZONING CLASSIFICATION: HIGHWAY COMMERCIAL USE: AUTO SALES AND SERVICE PROJECT ADDRESSo 440 HIGHWAY 114 GRAPEVINE, TEXAS OWNERs PEYTON REALTY MGMT., LTD. 440 W. HWY 114 EULESS, TEXAS 76039 APPLICANTi GRAPEVINE AUTO LAND, L.L.C. 1800 PEACHTREE ROAD, N.W. SUITE 1600 ATLANTA, GA. 30309 12/27/01 . PER CITY NEW KNOX BOX THIS D A LOCATION PROVIDED FOR AUTOMOBILE SALES BY FIRE DEPT. ISSUE DATE 11-29-011 AND SERVICE -4 PAYTON WRIGHT FORD S Y, � HARBOR S 89' 28' 36" E — 316.24' DOOLEY SUR. A-422 — — — — — — — — — — — — — -- — FIRE LANE a — 'N 10 S1 .11111 41.69' s.00' I, z 15 Ii� 9 9 ,J 1 EXIST. FIRE HYDRANT 1 14 WEST AS—BUILT SITE PLAN OF PAYTON—WRIGHT FORD, INC. DEALERSHIP LOT IR -1, BLOCK IR PAYTON—WRIGHT ADDITION NOVEMBER 2001 N 0 (L _N 38.00 'S4.40 F4 32.00 35m,10..70' H [11 'IRE LANE C1. 1!i A R 1332.40. L 16 7B6 bit S 76. 59, CLOSEID y NOTES FOR BUILDINGS: BUILDING OFFICE/MAINTENANCE- 37,712 SF BUILDING COVERED OPEN AREA- 2,371 SF BUILDING OA TOTAL AREA ---------- 40,083 SF BUILDING ------------------ 6,072 SF BUILDING Q ------------------ 6.001 SF NOTES: 1) TOTAL SITE ACREAGE 7.003 ACRES 2)REQUIRED OFF-STREET PARKING 153 SPACES 3) DESIGNATED OFF-STREET PARKING 160 SPACES 4) DISPLAY PARKING 405 SPACES 5) PROPOSED ZONING CLASSIFICATION COMMUNITY COMMERCIAL 6) PRESENT ZONING CLASSIFICATION 'HC' - HIGHWAY COMMERCIAL 6) PRESENT USE - AUTOMOBILE DEALERSHIP 7)STANDARD PARKING SPACE 9, x 181 8) HANDICAP PARKING SPACE 14' X 18' 9) BOARD OF ZONING ADJUSTMENT APPLICATION BZA95-12 APPROVED AS A SPECIAL EXCEPTION ALLOWING THE EXIST. 60' SIGN ROLE NEW KNOX BOX THIS LOCATION PROVIDED BY FIRE DEPT. CASE NAME: Nissan CASE NUMBER: Zol-17 & OUDI-67 LOCATION: 440 West State Highway ilA Lot M -I, Black IR, Payton Wright MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION DATE: SHEET: i OF I APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY COOeS OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES EXISTING DEVELOPMENT TO REMAIN AS DEVELOPED. 10) Z01-17 AN CU01-67 IS A REQUEST TO REZONE A 7.003 ACRE SITE FROM "HC-, HIGHWAY COMMERCIAL DISTRICT TO -CC', COMMUNITY COMMERCIAL DISTRICT AND A REQUEST FOR APPROVAL OF A REVISION OF CONDITIONAL USE PERMIT TO ALLOW THE SALES AND SERVICE OF USED CARS WITH A MAXIMUM TIME LIMIT OF TWO YEARS AT WHICH TIME THE SITE WILL CONVERT TO THE EXISTING CONDITIONAL USE PERMIT FOR THE SALES AND SERVICE NEW AND USED CARS, LOCATED AT 440 WEST STATE HIGHWAY 114. NOTE: THIS DRAWING IS NOT A SURVEY, IT WAS COMPILED FROMPLANS ON FILE WITH PAYTON-WRIGHT FORD INC., OF CITY GRAPEVINE, AND ELLIOTT AND HUGHES INC. Requesting a Conditional Use Permit to permit automobile "I** and service. The currant land use designation as contained In the Comprehensive Master Plan Is Commercial. RFcEIVED j��C 20 2091 PLANNING PROJECT INFORMATIONs ZONING CLASSIFICATION: HIGHWAY COMMERCIAL USE: AUTO SALES AND SERVICE PROJECT ADDRESSo 440 HIGHWAY 114 GRAPEVINE, TEXAS OWNERs PEYTON REALTY MGMT., LTD. 440 W. HWY 114 EULESS, TEXAS 76039 APPLICANTi GRAPEVINE AUTO LAND, L.L.C. 1800 PEACHTREE ROAD, N.W. SUITE 1600 ATLANTA, GA. 30309 12/27/01 . PER CITY CONDITIONAL USE PERMIT D A REQUIREMENTS FOR AUTOMOBILE SALES 30 ISSUE DATE 11-29-011 AND SERVICE PAYTON WRIGHT FORD 0-1--1-- 440 HIGHWAY 114 OF GRAPEVINE; TEXAS 78051 -.-- 11HR, GIRCI J=* r4"824 O F 1 6 PRINTED DATE 12-27-01 1701 K MVkff Slirt.l, Sail. 30l, Ddu,.1% 75202 Tal, 214/760-0201 F-214/760.2454 ISSUE DATE 11-29-011