HomeMy WebLinkAboutItem 12 - CU09-47 ITEM # 1
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: FEBRUARY 16, 2010
SUBJECT: CONDITIONAL USE REQUEST CU09-47
RECOMMENDATION:
Staff recommends the City Council approve Conditional Use Request CU0947 on the
second reading of an ordinance, and take any other action necessary.
BACKGROUND:
Conditional Use Request CU0947 was submitted by Eugene Middleton and was
approved on the first reading of an ordinance by Council at the January 19, 2010
meeting. Conditional Use Request CU09-47 was a request to establish a planned
industrial park on 3.60 acres zoned "LI" Light Industrial District and developed with two
industrial/warehouse buildings of 82,575 square feet and 74,199 square feet
respectively. The purpose of the planned industrial park designation was to facilitate
subdividing the subject site into two lots to facilitate the sale of the southernmost lot
(1712 Minters Chapel Road). The applicant sought four variance requests from the
Board of Zoning Adjustment relative to the minimum open space, maximum impervious
area, front yard setback and rear yard setback for the subject site. The Board approved
the variance requests at their February 1, 2010 meeting.
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February 8,2010(2:25PM)
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, 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 CU09-47 FORA PLANNED INDUSTRIAL PARK 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;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 considerthe 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 necessityforthe granting of this conditional use permit; thatthe publicdemands it,
that the public interest clearly requites the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved propertywith 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.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
ORD. NO. 2
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 CU09-47 for the establishment of a planned industrial
park in the "LI" Light Industrial District within the following described property:to be platted
as Lots 1 R-1, and 1 R-2, DFW Industrial Park, Phase 111 (1702 and 1712 Minters Chapel
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 forthe 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.
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
ORD. NO. 3
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 this ordinance shall become effective from and after the date of
its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 19th day of January, 2010.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the 16th day of February, 2010.
APPROVED:
ATTEST:
APPROVED AS TO FORM-
ORD. NO. 4