HomeMy WebLinkAboutItem 03 - CU12-05 Grapevine Kawasaki UL
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER '
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: APRIL 17, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE PERMIT APPLICATION CU12-05
GRAPEVINE KAWASAKI
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Grapevine 5? APPLICANT: Dennis Warner
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I.H.1635
"°rtnWes PROPERTY LOCATION AND SIZE:
The subject property is addressed at 721 West State
1 I Highway 114 and is platted as Lot 2, Block 1,
I sy VFW x I
I Hall-Johnson Airport a Cinemark Addition. The property contains
approximately 1.38 acres and has 195 feet of
_ frontage along the eastbound State Highway 114
_
F
Glade Rd. c !_' service road.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU04-06 (Ord. 04-21) for a motorcycle dealership with sales and service of new
and used motorcycles,ATV, watercraft and associated equipment specifically to allowfor a
40-foot pole sign.
Originally approved in March, 2004 the Grapevine Kawasaki motorcycle dealership relied
on building signage to advertise its presence along the eastbound service road of State
Highway 114. However, with the changing visual landscape in the area brought about by
the widening and realignment of State Highway 114,the applicant proposes the installation
of a 40-foot pole sign with a 84 square foot cabinet to off set the loss of visibility of the
building signage.
0:1ZWCU12-05.4 1
April 12,2012(3:2813M)
PRESENT ZONING AND USE:
The property is currently zoned "CC"Community Commercial District and is developed as
the Grapevine Kawasaki motorcycle dealership.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and adjacent areas were rezoned in the 1984 City Rezoning from 1-1"
Industrial District to "PID" Planned Industrial Development District. The property at the
southwest corner of South Main Street and the frontage road of State Highway 114 West
was rezoned in 1985 to "CC" Community Commercial District and has numerous
conditional use permits for on-premise alcohol beverages sales in conjunction with
restaurants.A special use permit was approved for the Cinemark Theater for video games
(SU94-02). The property to the east was has a conditional use permit (CU97-08) for an
auto dealership with new and used car sales and a 32-foot pole sign and has had several
amendments since the original request was approved in 1997. A conditional use permit
was approved by Council at the March 20, 2001 meeting (CU01-06) for an automotive
sales and service business focused specifically on Corvettes to the south of the subject site
but was never constructed. At the March 23,2004 meeting,conditional use request CU04-
06 was approved on the subject site which allowed for a motorcycle dealership with sales
and service of new and used motorcycles, ATV, watercraft and associated equipment.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: State Highway 114
SOUTH: "CC" Community Commercial District Cinemark Tinsletown movie
theater
EAST: "CC" Community Commercial District--Pontiac/GMC automotive
dealership
WEST: "CC" Community Commercial District—Cinemark Tinsletown movie
theater
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.
0:VCU1CU12-05.4 2 April 9.2012(4:01 PM)
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial land use. The
applicant's request is in compliance with the Master Plan.
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0:1ZCUICUI2-05.4 3 April 9,2012(4:01 PM)
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CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant!agent:/company/contact
G R_ ,?e,J J N e ko
Street address of applicant/agent:
_ '7 21 W. 57-A 7e 0-i I t
City l State/Zip Code of applicant/agent:
GRpPeviNc ��>0 "1 Cc 151 -
Telephone number of applicant/agent. Fax number of applicantlagent
5�7--3r F 80�
Email address of applicantlagent Mobile phone number of applicantlagent
8 r7-709 H�6
Applicant's interest in subject props y:
.S/C-AV r-AM004Nt'
PART 2. PROPERTY INFORMATION
Street address of subject property
2! W ��c �r �ti✓ !'1�
Legal description of subject property(melbs&bouhds must be described on 8 112"x 11"sheet)
Lot Z Block Addition CII7GyY) !�/�i
Size of subject property 1,06,
4-0,0 om sl ' Acres �quqre footage
Present zoning classification: Proposed use of the property:
Minimum/maximum district size for conditional use request.-
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.
G=.Aev&/!,,V e-4 Wr4,y A)C J � D Cr m pi w A G C
Street address of property owner
7zr �5We- l,�wy rr
City/State/Zip Code of property owner:
Telephone number of property owner. Fax number of property owner.
FEB 202
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Cu I
El 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"Bl.
❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
❑ All conditional use and conditional 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 maybe scheduled to a later date.
❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the
next public hearing. Public hearings will not be tabled.
❑ 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.
0 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and
acknowledge that ali 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
Prfnt Applicant's Name; Opp7lcan s gnature: fF
The State of 7"Oe6 r
County Of TA~t
Before Me r on this day personally appears
(notary (applican
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 purs and ideration therein expressed.
(Seal)Given under my hand and seal of office thi, day
�= TAWYA S.ALVAREZ
MY COMMISSION EXPIRES
'•• ; 5epiember 22,2014 n An r to Of Texas
D N N 1 5 WA GIV eK r W
Print Property Owners Name: Property Owner's Signature:
The State Of 7Ck
County Of %airy e__
Before Me � " .2. ` _on this day personally appeared aJ
% (notary) I (property own&)
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 co ideration therein expressed.
(Seal)Given under my hand and seal of office this of A.D. 8
11 NIh
a ' TANYA S.ALVAM
y`-
DAY COMMISSION EXPIRES
z� September 22,2014
ga, Ck-
d For ate Of Texas
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ACKNOWLEDGEMENT
AM 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 site 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 all filing fees. The application, along
with the required filing fee may be resubmitted any time thereafter for
reconsideration. Delays in scheduling applications before the Planning and
Zoning Commission and City Council created by city staff shall not be considered
a part of the four month period.
1 have read and understand all of the requirements as set forth by the application
for conditional use or special use permit and acknowledge that all requirements of
this application have been met at the time of submittal.
I
Signature of Applicant _
Date: /` J ' /Z
Signature of Owner
Date: 3
1 F
fa�fJ �7Fr
GRAPEVINE
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"'Motorcycles are our passion. Service is our obsession"
January 3, 2012
Dear Sirs,
This letter of request is for the proposed Conditional use for a pole sign on the front of our retail
property..at 721 W State Highway 114. This proposed sign-would be in line visually with a row
of pole signs just East/Northeast of.our property. Its value to us would be to make our retail
property visible from all West/Southwest bound traffic on Highway 114. As it stands; our
property and our signage are completely obscured by the embankment and the grade of Highway
114 (westbound)..Prospective viewers cannot see our store at any time as they pass our property.
This proposed sign would permit us to be seen by more than-double our viewing to date.
The proposed sign would be within all city codes and requirements and in line with the existing
pole signs for our neighboring stores:
Freeman Pontiac;Flips, El Fenix, Spring Creek Barbecue, Olive Garden, and Joes Crab
Shack
Thank.you for your consideration.
Dennis Wagner
r-
L g uiln J U'
721 W. State Highway 114 ® Grapevine,Texas 76051 Phone 817-481-2500 Fax 817-488-2667 www,grapevinekawasaki.com
ORDINANCE NO. Y �w
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 CU12-05
AMENDING THE SITE PLAN APPROVED BY ORDINANCE
NO. 2004-21 FOR A 40-FOOT POLE SIGN 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 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 otherthings the characterof
the existing zoning district and its peculiar suitabilityfor particular uses and with the viewto
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 CU12-05 amending the site plan approved by
Ordinance No. 2004-21 for a motorcycle dealership (Grapevine Kawasaki)with sales and
service of new and used motorcycles, ATV, watercraft and associated equipment,
specifically to allow for a 40-foot pole sign in a district zoned "CC" Community Commercial
District Regulations within the following described property: Lot 2, Block 1, Cinemark
Addition (721 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. ""III"°Ihat 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
ORD. NO. 3
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
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 17th day of April, 2012.
APPROVED:
ATTEST;
APPROVED AS TO .
ORD. NO. 4