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Home My WebLink AboutItem 03 - CU08-07 Texas Toyota ��i �� 3� / �j . TO: HONORABLE MAYOR, CITY COUNC L M'E�ERS AND THE . PLANNING AND ZONING COMMISSION �` FROM: BRUNO RUMBELOW, CITY MANAGER `�� SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: APRIL 15, 2008 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU08-07 _, , , � � r--� i � �--�� `-�--------------��% �ry;- APPLICANT: Gayle Houchin ��—� Grapevine yd`'i i Lake i i �o�� i`—l_ �p � � ; PROPERTY LOCATION AND SIZE: � ' � ,�,• i.r+.�sas Northwest� i 1 P�� ,{� The subject property is located at 316 East Dallas Y�pOd�� c�'.r � ��:��'� � � Road and platted as Lot 1 R1, Block 1, M & H , ' Addition. The addition contains approximately 3.115 � � ; sti A°P Y � acres and has 256 feet of frontage along Nash HaIlJohnson �so a ' Street, 130 feet of frontage along Jean Street and � � �� -� ° ' 152 feet of frontage along Dallas Road. � � m Glade Rd. m I � F� c ❑ 3 REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU03-54 (Ord. 04-03) for the sale, displav, and repair of new and used medium and heavv dutv trucks and associated outside land uses specifically to chanqe the use of the property to an automotive repair/collision repair center. With this request the applicant intends to convert the former Hayes Truck Leasing site which has not been in operation for several years, into an automotive repair/collision repair center for Texas Toyota. Outside storage of vehicles awaiting repair will be limited to that area screened by a solid masonry screening wall. What was previously used as display area for new vehicles associated with the Hayes Truck Leasing business in front of the main structure along Dallas Road has been converted into employee/customer parking and has been landscaped accordingly. The applicant has added a solid masonry screening wall along the western, eastern, and southern property lines to screen the structure and vehicle storage area from view. � 1ZCU\CU08-07.4 1 April 10,2008(10:38AM) PRESENT ZONING AND USE: The property is currently zoned "LI" Light Industrial District and is developed as the Hayes Truck Leasing facility which is no longer in operation. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the immediate surrounding area were rezoned in the 1984 City Rezoning from "I-1" Light Industrial District to "LI" Light Industrial District. CU99-23 (Ord. No. 99-80)was approved in May 1999, amending the previously approved site plan of the subject site in order to allow the retail sale and outdoor display of new medium sized trucks. Conditional Use Request CU96-24 (Ord. 96-77) approved by Council at their October 15, 1996 meeting established the truck leasing facility with the sale and repair of new and used heavy trucks and associated outside land uses. Conditional Use Request CU01-41 was considered and denied by Council at their August 21, 2001 meeting. At that meeting the applicant requested to expand the site for further inventory/outdoor display of new, medium-duty trucks. The property to the south was rezoned from "C-2" Community Business District to `PCD" Planned Commerce Development District. The City of Grapevine purchased this property and had it rezoned to "GU" Governmental Use District in 1987 (Z87-20). At the January 20, 2004 meeting Council approved a revised conditional use request on the subject property(CU03-54)for an expansion of the main structure and an expansion to the site to be used for additional employee parking however neither expansion took place. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "LI" Light Industrial District— Nations Rent SOUTH: "GU" Governmental Use District and "LI", Light Industrial District — Grapevine Community Recreation Center, Grapevine Public Library and the Grapevine Convention Center, several nonconforming single family homes EAST: "LI" Light Industrial District — Richard's Auto Body Shop, and VicWest Steel WEST: "LI" Light Industrial District— Johnson Excavation Company AIRPORT IMPACT: 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. �ZCU1CU08-07.4 2 April 10,2008(10:38AM) MASTER PLAN APPLICATION: �.. The Master Plan designates the subject property as an Industrial land use. The applicant's proposal is in compliance with the Master Ptan. THOROUGHFARE PLAN: The Thoroughfare Plan designates Dallas Road as a Type "C" Minor Arterial, with a minimum of 80-feet of right-of-way to be developed as four lanes with a center left turn lane. 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GT E 4 S CITY OF GRAPEVINE CONDITlONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of appiicant/agent./company/contact TXVT DEVELOPMENT, INC./VAN TUYL Group/ Ga le Houchin Street address of applicant/a.qent.• 1550 E. Missouri, Ste. 300 9503 LBJ Freeway, Ste. 200 City/State/Zip Code of applicant/agent: Phoenix, AZ 85014 Dallas, TX 75234 Telephone number of applicanf/agent: Fax number of applicant/agent 602-230-1051 /972-560-3314 602-266-0564 /972-560-3301 Emai!address of applicanUagent Mobile phone number of applicant/agent Applicant s interest in subject property: Purchase PART 2. PROPERTY INFORMATION Street 2ddress of subject property �� a •�� c� 1 � S ��. Legal description of subject property(metes&bounds must be described on 8 1/2"x 11°sheet) Lot �R� elock ? Addition M&H Addition Size of subject properiy 2.4975 Acres 22'350 S uare foota� e Present zoning classification: Proposed use of the property: L! Collision Repair Minimum/marimum distnct size for conditional use request Zonrng ordinance provision requiring a conditional use: Auto repair requires CUP PART 3. PROPERTY OWNER INFORMATION Name of current property owner. HAYES LEASING COMPANY, INC. Street address of properfy owner.• 316 E. DALLAS ROAD City/State/Zip Code vf properfy owner. GRAPEVIP:E, TX 76051 Telephone number of property owner. Fax number of property owner. 817-481-5045 g 17-481-0100 �� N. �� -'� �� ❑ Su6mit a letter descri6ing the proposed conditiona/use and note the requesf on the site p/an documenf ❑ /n fhe same letfer, descrrbe or show on the sife plan,and condifional requirements or condifions impased upon the particular condiSona! use by applicable district regula6ons(exampfe:bufier yards,distance between users) O ln the same IeKe� describe whether ihe p�oposed condi6onal use will,or wil(not cause subsfantia/harm to the value, use, o�enjoyment of other property in the neighborhood. Also, descrrbe how the proposed condi6onal use wif!add to the value,use or enjoymenf of oti�er property in the neigAborhood. � ApplicaGon of sife p/an approval(Secfion 47,see aEtached Form B�. � The site /an submission shal!meei the re uirements of SecGon 47, Sife Plan Re ui�ements. ❑ A/!condi6ona/use and condi6onal use applica6ons are assumed fo be complefe when filed and will be placed on the agenda for pu6lic hearing at the discretion of the staff. Based on the size of the agenda,your applicaSon may be scheduled to a later date. 0 A!!pub/ic hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued fo the ne�public hearing. Public hearings will not 6e tab/ed. ❑ Any changes to a sife plan(no ma8er how minor or majorJ approved with a condiSona/use or condiSona!use permit can on/y be approved by city council through the pub/ic hearing process. ❑ !have read and understand all the requirements as set forth by fhe applicafion for conditiona/use or conditiona/use permit and acknowled e that a1!re uirements of this a fication have been met at fhe 6me of submittal. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONQ(TIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY q JIM THAYER for.� TXVT Development, Inc. �' Prinf ApplicanPs Name: Appfican;'s 5ignature: _ t �f The state ot j�-�a: — CountyOf �%1'�-.° /� ,. ) °-�°----� Before Me �.,��.A.{�-� � °�j�� on this day personally appeared � � �'''L t � --�.,�' (no�arY) (applicant) � known to me(or proved to me on the oath of card or other document) fo be the person whose name is subscnbed to the foregoing insfrumenf and acknowledged to me that he execufed the same for the purposes and considera6on fherein ezpressed. �Sea�Give;,ur� „ „ Yo` tts " � % C�� ,�`.��'��:� GAYLE HOUCHIN � � ° o .c; Notary Public,State of Texas :�,•, :�,,,, My Commission Expires I' "'%%;°;;;�` November 03, 2010 � � ��✓'✓� Notary!n Md For ate Of T ! ��1%�i`�� x-1 ��e=i �(=.� ��-�,�{(��,�,?:z_i —��/s`��;/'� Print Properfy Owners Name: `` Prop�Owne�'s 5fgnafure: ,� ^� The Stafe O( `Lx-� .1 County Of _! /Q' Ct�� Before Me /� !`�i�LL-/�.l "e on this day personally appeared L ' (notary) (Properiy ownerJ known to me(or proved to me on fhe oath of card o�other document) to be the person whose name is subscribed to the ioregoing instrumenf and acknowledged fo me that he execufed the same for the purposes and consid fiort fherein expressed. (Sea!)Given under my hand and sea!of offrce tfrrs�J-�-�day of�� ,A.D. �Q � ��.�„� MELANIE G.WAIKER NOTAh f PUBLIC 9 � STATE OF TEXAS / 1 I �"'��'tl' MY COMM.EXP.9-27-2009 (/`� Notary ln For Sfate Of Texas � ,�� -�� ACKNOWLEDGEMENT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a sife 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 al! filing fees. The application, along �rith the rea�rired filina fee may be resubmitt�d any tim� ther�affer for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city statf shall not be considered a part of the four month period. l have read and understand al! of the requirements as set forth by the application for conditiona!use or special use permit and acknowledge that al!requirements of this application have been met at the time of submittal. Si nature of A licant --�- ' ba-� 9 PP � ( � Date: Z I ( �� ; I' Signature of Owner �,<� f/l�, -_ �_� `�:�-�'"�"� �� . ,;� .� . ;l Date: -�'f y�-`tl�':,`�,- ; � ��a o � �oo� File #: CU�8-07 TEXAS TOYOTA WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, APRIL 94, 2�08 Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), ( �approve) (prot�st) and/or (have the following comments) �n ,C�!'% 7.�.,N�z'� �P.�•�� .�� S�cn'�"�-� ,�`'.�r�v . f�/ �,��' /�I//�.��ri �.�1� ��r' ��''�'��S .(�r�-� �:��-.�d /�r, r"_i"T �c.�t s 1�-;Y l.c.w�� r. I ��Z'1 /�.I(i � Jl,,( L'' �'�/G� �' �! �I� Y � �!i^'"� ' i /��PS i� _ , Print Name and Address, or Lot, �lock and Subdivision: � ,. ��/ ,�—� �/�-��y�S T � .f��4//.4 5 j�c.._� Signatu : .:.� (Phone No.)�� l 7�� r . ._. -..--��--� -- ... . �� Telephone: (817)410-315�Fax: (817)410-3418 . ! Dir�ct questions and maii responses to: Planning Secretary Department of Development Services City ofi Grapevine ��'�� P.O. Box 951 Q4 Grapevine, Texas 76099 APR 8 200$ ��p�� t/t d Bt0E0�YL�8 «86L6YZtLtB 06�9t 80-f0-800Z � � � g- v� 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 CU08-07 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-54, FOR AN AUTOMOTIVE REPAIR/COLLISION REPAIR CENTER IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT 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 cfassified 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. CU08-07 to amend the site plan approved by Ordinance No. 2003-54 for the sale, display, and repair of new and used medium and heavy duty trucks specifically to change the use to an automotive repair/collision repair center in a district zoned "LI" Light Industrial District within the following described property: Lot 1 R1, Block 1, M & H Addition (316 East Dallas Road) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community, Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. ORD. NO. 3 Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of April, 2008. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. 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