HomeMy WebLinkAboutItem 02 - CU13-08 Grapevine Antique Market CC ITEM#2,23
PZ ITEM#3
MEMO
® HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER6/e
SCOTT WILLIAMS, DEVELOPMENT SERtICES DIRECTOR A"
MEETING DATE: MAY 21, 2013
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU13-08 GRAPEVINE
ANTIQU MARKET
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Grapevine
Lake APPLICANT: C. Jay Ho
LKIM
Northwes PROPERTY LOCATION AND SIZE:
E
n The subject property is located at 1641 & 1649 West
Northwest Highway, and is platted as ® s I & 2,
DFW Block 19 Northwest Plaza Addition.
Hall-Johnson
-
L
Glade Rd..
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow outside seatbgAutside
disDIav and sales of merchandise and two gole sions ®f in height.
Several exterior improvements to the southeast portion of the existing shopping center
are proposed. The applicant proposes converting nine existing parking spaces into a
fenced, 24-seat, 825-square of outside seating area to complement the existing tea
room within the Grapevine Antique Market. Outside seating hours will be 10:00 a.m. to
6:00 p.m. No outdoor speakers are proposed for the outdoor seating area. Two fenced
areas are proposed adjacent to Passion Lighting for merchandise display and sales of
outdoor decorative it associated with the Antique Market such as decorative lamp
posts, to sculptures and water fountains. Also proposed are two 20-foot pole signs,
24-square feet in area, adjacent tot proposed outdoor seating and outside
merchandise display area. The purpose of the pole signs is to direct customer traffic to
0:2CUNCU13-08.4 May 14,2013 8:16AM
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the southeast quadrant oft shopping center where the new out features are
proposed. The nine displaced parking spaces are proposed to be relocated throughout
the shopping center, Adequate parking exists throughout the shopping center to
accommodate the existing uses and the proposed outside seating.
PRESENT ZONING AND USE:
The property is currently zoned "SP" Site Plan Zoning and is developed as the
Northwest Plaza Shopping Center.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was zoned "SP" Site Plan Zoning with an approved site plan prior
tot 1984 City Rezoning. A zoning request (Z85-01) amended the site plan to allow
the retail sale, storage, possession, and on-premise consumption of alcoholic
beverages (beer and wine) for Mama's Pizza—now known as or Pasta & Pizza.
Eckerd's Drug for was granted a conditional use permit (CU89-19) to allow off-
premise alcohol beverage sales in January 1990. La Casa Mexican restaurant was
granted a conditional use permit (CU92-15) to allow the patio area on the north end of
the restaurant to be enclosed on an as needed basis. La Casa received a prior
conditional use permit (CU90-15) for alterations and expansion of the bar area and the
walkway on the no side of the restaurant. The floor plan fort La Casa restaurant
was in modified in 1994 -1 ). In 1998 Council approved a conditional use
permit (CU98-38) which allowed fort installation of an ATM machine with a canopy in
the parking area of the Northwest Plaza shopping center. At the May 1 meeting
CU04-14 (Ord. 04-34) was approved for an outdoor patio and outdoor dining for an
existing restaurant (La Casa). Conditional Use Request CU09-38 (Ord.09-52) was
approved by Council at the November 17, 2009 meeting which allowed for the
establishment of a secondhand goods retail store in an enclosed building in excess of
3,000-square feet. City Council on April 19, 2011 approved an eight month extension
to Conditional Use Request CU09-38. Conditional Use Request CU 11-32 (Ord.11-61)
was approved by Council at the November 1 meeting is allowed for
expansion of a secondhand goods retail store into a 1,400 square foot suite within the
same shopping complex but completely separate from the previously approved suites.
Conditional Use Request CU12-03 (Ord.12-05) was approved by Council at the
February 21, 2012 meeting which allowed for a 2,300-square feet theatrical center with
classrooms within the existing shopping center.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District--office uses including Omni
American, Preferred Imaging, Cooks Children's
SOUTH: "R-7.5" Single Family DistriGt—Abundant Life Church
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EAST: "HC" Highway Commercial—Auto one
WEST: "PO" Professional is District—Multi-tenant office building
AIRPORTI T:
The subject tract is not located within any oft noise zones as defined on the "Aircraft
Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial Land Use. The
applicant's proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates West Northwest Highway as a Type C, Minor
Arterial with a minimum 80-foot right-of-way developed as four lanes with a center left
turn lane.
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ITEM##2,23
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PART 1,APPLICA T 1PJFnRUAT1nN
Applicant Name: i . 0 . ,s A y 1-4 0 jZ,,1t jZ-it®14.=-
Applicant Address: Z H(614 LrA N 0 P K V I U-
City/State/Zip
Phone No. IZ) 476 -/11,00 Fax No. �u..
Email Address � Mobile Phone
Applicants interest in subject property i d WX.7triz
PART 2. PROPERTY INFORMATION
Street Address of subject property 1441,
5
Legal Description: Lot lock Addition Pr wt3c57` P>.nzn &-3irly
Legal description of subject props (metes&bounds must be described on 8 112"x 11"sheet
r-
Size of subject properly: acresi '226 square foota
ge I ct , 6 76
Present zoning classification 5P 6U1 CC; 0/57¢2i c-T n ual.0 x341# 4i 5
Proposed use of property 51,m e r1 ICr,5;iniJ
Zoning ordinance provision requiring a conditional usei iir,5iVH6 FOLI 04,-376l r-
PART 3. PROPERTY OWNER INFORMATION
Property Owner j < i A y Ato
Prop Owner Address 2 5 , 1414A.AAt 00 t)1L-UJqf5 5v ira A06-r 7V 9
City/State/Zip i 09UA6r 7,rXA-', 75ZO5
Phone No. (Z,,4J 2 5 4F- 'Z 0 8(3 _ e. Fax No.
0 Submit a letter describing ft proposed conditional use and note the request on the site plan document
Ci 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 ns(example:buffer yards,distance between users)
13 In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, or enjoyrwnt 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.
13 Application of site plan approval(Section 47,see attached F "Bl.
The site plan submission shall meet the requirements of Section 4 7,Site,flan Requirements.
LAA L -6 - 0'6
• Al!conditional use and conditional use applicahians 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. CC ITEM#2.23
• All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continyfflopftpeat public
hearing. Public hearings W11 not be fabled.
• 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 Me public hearing process.
13 1 have read and understand all the requirements as set thyth 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
Inp. C. -1AV Ho
Print Applicant's Name Applicant'Is Signature
The State of TWO6
County of N!641
6—S
Before me (notary) on this day personally appeared (applicant)
�imr\ �6&ft
known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribe 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 ice this day of A.D.
KS ..............
SHARON D.HE14DRIC
NoterY Public
STATE OF TEXAS
OF My Cmm.Exp.10-14-13
Notary In and For State of
M/2. C a 1144Y HID
F
Print Property Owner's Name Property Owner°s tore
The State of 1
County of
Before me (notary) on this day personally appeared(applicant)
or other document)to be the person whose narnTeis subscribed known to me (or proved to mVeWon Wtetoakc6al2n' d t the
Iq
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 thisL— day of A.D.
A)
SHARON D.HENDRICKS F
Notary Public /J
STATE OF TEXAS
of My Comm.Exp,10-14-13
Notary In and For to of
APIR 0 i Z,�Ij
ACKNOWLEDGEMENT CU �:3
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All Conditional Use and Special Use Applications are assumed to be complete when filed and will be
placed an the agenda for public heaping at the discretion of the staff. Based on the size of the
agenda, your application may be scheduled to a later date.
Ali 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
A
Signature of Property Owner
e,
Date F-
F(2 FE 11, X11-11 J J
APR 0 1 Z013'
t� , 1 4 21013
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Real Estate Investments&Management
Development Services May 10, 2013
Planning Division,
200 South Main Street,
Grapevine, TX 76099
Conditional Use Application for Grapevine Antique Market at 1641 W.Northwest Highway,
Grapevine, TX
Ladies and Gentlemen:
The Grapevine Antique Market has been in operations since 2008; so far we have been fairly
successful....but we think we have the potential to become more a destination spot serving the area
customers and out of town tourists. To achieve that goal, we have already begun to steer our vendors
into antique furniture, fine arts, custom,jewelry, old musical instruments and artisan culinary
creations that are more relevant to the contemporary life styles of our customers.
To provide a better shopping experience, we want to make some changes to the exteriors of
e mall and uses. The salient features of our Conditional Use Application are as follows:
1) Install a concrete patio (14.5'x 55')next to the front entrance over nine (9) existing
parking spaces,which will be replaced with 18 additional parking in other areas of the
property with a net gain of 9 parking spaces. The patio will be landscaped and used for
casual eating and relaxation.
2) Erect 6'height wrought iron fences around two delineated areas on a opposite side of
e mall for displays and sales of outdoor furniture, i.e. stone bench, sculptures, water
fountains and decorative items.
3) Seek City's approval for Conditional Use Permits for outdoor merchandise sales and
casual food services in the designated areas an the plan.
4) Erect two 20'flag poles on each side of the parking area with 2'x 12'banners.
We believe the proposed enhancements will enable us to become more of a draw to the people
form Southlake or Colleyville and to the City's tourist trade. I look forward to your favorable
response. Thank you.
icerel
C. Jay
25 Highland Park Village,Suite 100-748,Dallas,Tx 75205 (972)496-1900/(214)599-281.8 F w]a he1 00 0,mailzo n
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ORDINANCE -off
I
ORDINANCE AN ISSUING ITI L USE PERMIT I
ACCORDANCE WITH SECTION ORDINANCE
-73, THE COMPREHENSIVE I ORDINANCE
OF THE CITYOF I , TEXAS, SAMEBEINGALSO
APPENDIX KNOWN AS "D" THE CITY , BY
GRANTING CONDITIONAL USE PERMIT CU13-08 FOR
OUTSIDE TI OUTSIDE I SALES
MERCHANDISE L E SIGNS IN A DISTRICT ZONED
`d SP" SITE PLAN DISTRICT ALL IN ACCORDANCE WITH
SITE T TO SECTION 7 OF
ORDINANCE ®7 L L OTHER CONDITIONS,
RESTRICTIONS AND SAFEGUARIMPOSED HEREIN;
CORRECTING THE OFFICIAL I PRESERVING
ALL OTHER TI THE ZONING ORDINANCE;
PROVIDING TI TO SEVERABILITY;
DETERMINING THAT T I INTERESTS,
WELFARE AND GENERAL THE ISSUANCE
THIS ITI L USE PERMIT; PROVIDING A PENALTY
T TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS 290 SEPARATE
BE DEEMED COMMITTED UPON EACH DAY DURING
WHICH ON I TI DECLARING
EMERGENCY AND PROVIDING F TI T
WHEREAS, an application requesting issuance of conditional use
permit by making applications for same with the I n i Zoning Commission of the i
of Grapevine, Texas, as required y State statutes and the zoning ordinance of e City of
Grapevine, Texas, and all the legal requirements, con itions and prerequisites having been
complied ith, the case having come before City Council of the City of ra urine,
Texas, after all I I notices requirements, conditions r r uisit s having n
complied with; and
the i y Council of the City of r e ine, Texas, at a public hearing
called by the it Council did consider the following ors 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 surroun in
the site; safety from fire hazards and measures for fire control; protection of adjacent
property from flood or water damages, noise producing elements, and Ire oft the
vehicular and stationary lights and effect of such lights on established character oft the
neighborhood; location, lighting, and es of signs and relation of signs to traffic control
and j c nt property; street size and adequacy width for traffic reasonably e ece o
be generated byte proposed use around the site n in e immediate neighborhood;
adequacy of r in as determined by requirements oft is ordinance for off-street parking
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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 proiection 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 oft 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 oft 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 otherthins 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 oft 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 oft who bought or improved property with reference to
the classification is existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, ® s 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 oft 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
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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"oft City Code,
by granting Conditional Use Permit CU 13-08 to allow outside seating, outside display and
sales of merchandise and two 20-foot pole signs (Grapevine Antique Market) in a district
zoned "SP"Site Plan District within the following described property: Lots 1 and 2, Block 1,
Northwest Plaza Addition (11641 and 1649 West Northwest Highway)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 tot 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 otherrs cs 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 fort purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to of 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 fort he normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, on other things, oft e character oft 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 is are in
direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions oft is ordinance shall be deemed to be
severable and that if the validity oft zoning affecting any portion oft tract or tracts of
land described herein shall be declared to be invalid, the same shall not affect the validity
oft zoning of the balance of the tract or tracts of land described herein.
Section 7. That any person violating any of the provisions oft is ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
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Section 7, That any person violating ny of the provisions oft is ordinance shall
be deemed guilty of is nor and upon conviction thereof it be fined in a sum
not to exceed Two Thousand Dollars($2,000.00) separate n II be deemed
committed upon each day during or on which a violation occurs or continues.
Section . That the fact that the present ordinances and regulations oft i of
Grapevine, T x r inadequate o properly safeguard the health, ey, morals, peace
and n rl welfare of the inhabitants of the City r ei , Texas, creates an
emergency for the immediate pr i f the public business, property, health, safety
and general welfare of the public which requires is ordinance shall become effective
from n r the date of its final passage, and it is oo r i l y so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL I
GRAPEVINE, on this the 21st day of y, 2013.
ATTEST-
APPROVED
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