HomeMy WebLinkAboutItem 07 - Tint World ............. 0 ,
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: MARCH 20, 20'12
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU 12-01 TINT WORLD
„
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` Grapevine 5 ` APPLICANT: Preston Evans
, Lake
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Northwes I PROPERTY LOCATION AND SIZE:
_r I
The subject property is located at 1231 William D. Tate
Avenue, #100. The addition contains 2.81 acres and is
sy °
I He,l,,ohnson p Y platted as Lot 4R1, Block 1, Tate Street Plaza Revised.
� A m I
; The property has approximately 285.13 feet of frontage
��- C _ along William D. Tate Avenue and approximately 271.37
—Grade Rd. m feet along Ball Street.
o -
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
Ian of CU99-05 Ord. 99-46 fora planned commercial center, specifically to allow for
automotive repair (window tinting, audio, outdoor detailing and alarm).
At the February 21, 2012 meeting the Planning and Zoning Commission and the City
Council heard in a public hearing a conditional use request for automotive repair relative to
window tinting, automotive detailing and audio/alarm installation. During the Commission's
deliberation session the request was approved 4-3; the request however, was denied by
the Council. Councilmember Roy Stewart has requested a reconsideration of the Council's
vote on conditional use request CU12-01; the applicant's specific request and site plan
remain unchanged.
The applicant proposes establishing a 3,288-square feet lease space for an automotive
services business within an existing 8,955-square foot single story retail building. The
0:1ZCU1CU12-131.41 1 March 14,2012(1:57PM)
services proposed include window tinting, auto security devices, car audio/video other auto
accessories and outdoor auto detailing. The auto detailing would occur in the rear of the
building beneath a proposed permanent 234-square foot shade structure. An overhead
door exists on the rear side of the building and a six foot masonry wall exists on the rear of
the site adjacent to Ball Street.
PRESENT ZONING AND USE:
The property is currently zoned "CC" Community Commercial with a Conditional Use
Permit for a planned commercial center. Silver Fox restaurant exists on a portion of the
subject site along with the existing unoccupied retail building.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was rezoned in the 1984 City Rezoning from "C-2" Community
Business to"CN"Neighborhood Commercial. The subject property was later rezoned from
"CN" Neighborhood Commercial to "CC"Community Commercial (Z87-01, Ordinance 87-
13), as a part of a 6.4 acre tract of land. Firestone/Master Care Store developed as a
result of Zone Case Z87-01. Conditional Use Permit CU92-22 (Ordinance 92-84) was
approved to allow a Planned Commercial Center designation and the development of a
restaurant (Chick-Fil-A) with a drive-through window. Conditional Use Permit CU93-03
(Ordinance 93-22) amended the Planned Commercial Center to allow the development of
a restaurant(Good Eats)with on premise consumption of alcoholic beverages and two 20-
foot pole signs. Conditional Use Permit CU93-15(Ordinance 94-14)amended the Planned
Commercial Center to allow the development of a restaurant (Burger Street) with a drive
through. Conditional Use Permit CU94-39 (Ordinance 95-06) amended the Planned
Commercial Center to allow additional parking for an automotive repair store on Lot 1 R.
Conditional Use request CU97-28 was approved by council allowing the addition of an
8,838 square foot retail space on lot 4R. Conditional Use Request CU97-48 was approved
by Council allowing the removal of 0.849 acres from the subject property. The U.S. Post
Office was developed in the tract south of this parcel and is zoned "GU" Governmental
Use. The Bellaire Addition was rezoned from "R-1"Single Family to"R-7.5" Single Family
in the 1984 City Rezoning. The tract to the west was rezoned from "CC" Community
Commercial and "C-2" Community Business to "PCD" Planned Commerce Development.
The property was rezoned from "PCD" Planned Commerce Development to "CC"
Community Commercial Z92-09 (Ordinance 92-85) and received a conditional use permit
for a Planned Commercial Center CU92-23 (Ordinance 92-86). The property is currently
developed as Grapevine Town Center. Conditional Use Permit CU99-05(Ord. 9946)was
approved at the March 23, 1999 joint public hearing for a 8,838 square foot retail building
on the subject site. Also on the subject site, on February 15, 2,000 Council considered and
approved a request for a one year extension to the 8,838 square foot retail building.
WZW=12-01.41 2 March 14,2012(1:57PM)
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" - Community Commercial District - Taco Bell and Ferrari's
Italian Villa
SOUTH: "GU" - Governmental Use District - U.S. Post Office
EAST: "R-7.5" - Single Family District- Bellaire Addition -"CN"- Neighbor
Commercial - Shell Convenience Store and "PO" Professional
Office District— Professional Offices
WEST: "CC" - Community Commercial District- Grapevine Town Center
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 proposed retail
building is an appropriate use in this noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as Commercial. This request is in
conformance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates William D. Tate Avenue as a Type C Minor Arterial with
a minimum 80-foot of right-of-way developed as four lanes with a center left turn lane.
at
QVCU1CU12-01,41 3 March 14,2012(1:57PM)
MEMORANDUM CITY OF GRAPEVINE, TEXAS
TO: SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR/
BUILDING OFFICIAL
FROM: ROY STEWART, GRAPEVINE CITY COUNCIL
SUBJECT: CU 12-01 TINT WORLD, 1231 WILLIAM D. TATE AVENUE
DATE: MARCH 14, 2012
Mr. Williams,
As a City Council Member who voted in opposition of the above referenced case, I
hereby request that this case be brought back before City Council for reconsideration.
Thank you,
106tZ,
Roy tewart
City Council Member
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TINT WORLD
,GRA ,E @` I E,
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Applicant Name: Preston Evans .,.
Applicant Address: 8350 N.Central Expy,Suite 1300
City/State/Zip Dallas,Texas 75206
Phone No. 214-891-3231 Fax No. 214-891-3203
Email Address preston@jtevans.com Mobile Phone 214-542-5100
Applicant's interest in subject property Venture Manager
PART 2. PROPERTY INFORMATION
Street Address of subject property 1231 William D.Tate Avenue *too
Legal Description: Lot 4131 B Block Addition Tate Street Plaza Addition
Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet
Size of subject property:p e rty: acres 6.2 ......... square footage
j
Present zoning classification topr eC
Proposed use of property Auto styling headgtl; cluding window tinting,audio,detailing,and alarm
Zoning ordinance provision requiring a conditional useF
PART 3. PROPERTY OWNER INFORMATION
Property Owner Tate/Ball#1 LP
-
Prop Owner Address 8350 N Central Expy,Suite 1300
City/State/Zip Dallas,Texas 75206
Phone No. 214-891-3231 Fax No. 214-891-3203
❑ 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 W). v „
❑ 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.
C] 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.
❑ t have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that
all 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
Preston Evans
f:= .4V
Print Applicant's Name Applicant's Signature
The State of 'I
County of 1�)akkj:�-<,
Before me (notary) Rc�—�,� on this day personally appeared(applicant) s�C,
�. �R yL, r�
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.
(Seal)Given under my hand and seal of office this 'r day of A.D. �-
;�:+t•"•Y'6• , LISA MARIE BUTLER
Notary Public;Site of Texas
My Commission Expires
January 11,2018
Notary In and For State of
Tate/Ball#1 LPG
Print Property Owner's Name Property Owner's Signature
//7 Gtr' L +^7�7 7-- 4E -.,�5 --r7
The State of `
County of
(..a5 r� �.;�C-•��, Y personally PP (applicant)
Before me (notary) on this day appeared
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.
(Seal) Given Under my hand and seal of office this C-c� day of � � , A.D. t
���o�!•"r"�°4 LISA MARIE B
Notary P UT1f T
- _ Public,State of Texas
IV. . +• My Commission Expires Nota In and For State of
°;,;: January 11, 2013
A rilfM 0 141 ED GSWE&
All Conditional Use and Special Use Applications are assumed to be complete when flied 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 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
I 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.
Signature of Applicant
Date
;7_ca� i =-
Signature of Property Owner �.:. . ,,.. i_.i
Date
6
January 10,2012
Proposed Conditional Use Description
Tint World Automotive Styling Center
Tint World is the leading provider of Automotive,Residential,Commercial,and Marine Computerized
Window Tinting and Security Film Services.Tint World Automotive Styling Centers offer auto security,
car audio/video,mobile electronics,performance products,custom wheels and tire packages,
automotive styling accessories,and auto detailing.
Auto detailing services offered by Tint World will not cause harm to the value,use or enjoyment of other
property in the neighborhood as it is a small part of Tint World's business.The main purpose for the
auto detailing is to prepare automobiles for any window tinting or reconditioning work.All detailing is
completed by hand and does not require automatic machinery.
Tint World will be beneficial to the City of Grapevine as an automotive aftermarket supplier.Area car
dealerships currently refer clients to 5outhlake,Hurst and other surrounding areas for products and
services carried by Tint World,especially window tinting and car audio/video.The City of Grapevine will
benefit from not only sales tax by keeping business within the city, but will also offer convenience to
area residents.
Thank you,
Preston Evans
(::51. ..I I —
Associate
214-S42-5100
preston @jtevans.com
7C'7.C'TAabT7. QZ:EZ ZT13Z/01/T0
File M CU12-01
FEB 1 -d 2012
TINT WORLD
Asaproperty owner within 200 feet of the subject tract, � PROTEST and have the following comments:
| protest this application on several grounds.They are:
1. There are already two auto related(and noisy) businesses pnVVDTate, let's not allow athird.
2. The rear of the space faces my house(see attached picture)and I can only assume it will require
modifications to install garage bays.This will be an ugly and unsightly view!
3. With the current tract and structure layout, it is apparent that much of the work of Tint World
will require usage of the rear of the property instead of the front.This will mean a great deal of
no/sm,especiaUyfnmnmtheoutdpor6$taUing center and the testing of the audio and alarm
services.This is certainly my main concern as we already struggle to maintain some semblance
of quiet in our little neighborhood with all the commercial business around,the construction
noise, and the massive detour traffic through our street. VVe already hear the Firestone store
and it/s4 houses down.
4. Another primary concern is that the noise and unsightly vlev*fromnnmyhonnavx|Usmwore|V|mpott
the property value and saleability ofmyhome.
5. |would NOT protest the use mf the building as traditional commercial retail where all activities
and services took place in a fully enclosed structure that maintained the building exterior msis.
Current Property Owner: Stacey C and James AP)nkneV /
~�-
Property Address: I22I South Ball Street /
Lot J,Block 8,Addition: 8mUafre | �
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Property Owner re: �
|
Property Owner Name: Stacey CPUnknex .
|
�h�n$�unm��n �l�-���-�Z�Oor�������-�1�� /
Daytime /
Hearing Procedure:
7:30om Tuesday February 22, 2012
Joint Public Hearing Grapevine City Council&Planning and Zoning
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 CU12-01
AMENDING THE SITE PLAN APPROVED BY ORDINANCE
NO. 99-46 TO ALLOW FOR AUTOMOTIVE REPAIR 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 suitability for particular uses and with the view to
conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS,the City Council of the City of Grapevine, Texas, does find that there is
a public necessity for the granting of this conditional use permit, that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land,avoids undue concentration of
population,facilitates the adequate provisions of transportation,water,sewerage,schools,
parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, an is in the best interest of the public at
large, the citizens of the City of Grapevine, Texas, and helps promote the general health,
safety and welfare of this community.
ORD. NO. 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance
of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code,
by granting Conditional Use Permit CU12-01 amending the site plan approved by
Ordinance No. 99-46 for a planned commercial center, specifically to allow for automotive
repair including window tinting, audio/video installations, alarm, other accessories and
outdoor detailing (Tint World) in a district zoned "CC" Community Commercial District
Regulations within the following described property: Lot 4R1, Block 1, Tate Street Plaza
Revised (1231 William D. Tate Avenue#100) 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
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 20th day of March, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4