Loading...
HomeMy WebLinkAboutItem 05 - CU11-02 Patty Cakes BakeryITEM #�' �z q TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM. BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO MEETING DATE: FEBRUARY 15, 2011 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU11 -02 PATTY CAKES BAKERY �k k I I l - ----------- Grapevine beVe yb. APPLICANT: Patty Cakes Bakery -Patty Wilson k j Rr1. Lake � k_ � I k I I.H.1635 North : I PROPERTY LOCATION AND SIZE. 5 The subject property is located at 417 South Main f Street and is platted as Lot 2, Block 18, City of rld Grapevine Addition. The property contains HallJohnsnn approximately 1,454 square feet and has approximately 17 feet of frontage along South Main I J Street and East Jenkins Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to establish a bakery. With this request the applicant proposes to establish a new 1,454 square foot, 13 -seat, store front bakery (Patty Cakes Bakery). The baked goods are prepared off site at 230 East College Street. In addition to baked goods other items such as t- shirts, hot chocolate and cooking /baking items will also be sold. The applicant proposes to use utilize available parking in the immediate vicinity for the proposed use. PRESENT ZONING AND USE: The property is zoned "CBD" Central Business District and was formerly used as a retail shop (Casa Mexicana Silver). 0AZCU1CU11 -02.4 1 February 7, 2011 (10:28AM) HISTORY OF TRACT AND SURROUNDING AREA: The subject property and surrounding areas were rezoned in the 1984 City Rezoning from "C -2" Community Business District to "CBD" Central Business District. The subject property is also located within a Historic Overlay District (1-11-92-03). On property to the west Planned Development Overlay PD09 -02 (Ord. 2009 -09) was approved at the March 24, 2009 meeting which allowed a residence on the second floor of an existing structure. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CBD" Central Business District — various retail businesses SOUTH: "CBD" Central Business District —various retail businesses EAST: "CBD" Central Business District - various retail businesses WEST: "CBD" Central Business District — various retail businesses 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. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Central Business District land use. The applicant's proposal is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates this segment of South Main Street as Type F, Collector with a minimum 80 -foot right -of -way developed as 2 lanes. /at OAZCUICU 1 "2.4 2 February 7, 2011 (10:28AM) R 77.5 14 9R 15 8 • 65 6G1 9A 6A ST CBD GU, 9 3 4 5 3 10 7 11 12 14S PT 15 K E ri PT PT PT PI 1A 2 2 3 3 RTH ST Psi A- �. ►' i �� �rr�rr�r ■ae�� ih 1R B E 2 G 4 3B Al BWII CU 11-02 Patty Cakes Bakery 01/05/2011 11:13 817- 329 -8268 FE➢EX QFFTCE 0331 PACE 62 JAN 14 2011 �� V E" T K X A c IV CITY OF GRAPEVINE CONDITiOI ML USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION a of pllean age t/G6 y /cricstsct L f� ..+1. s Lri Street addr#s of applicent / agent: p tij 6(5.0—C 1 ! 9 9 City /State /Zip Gode ofapp!lcant ent. 'Foleph5a-1310-05,30 number f a n �� � �'��j /j' ' � ! { � 7 p'� rlutnber bt`appllcan}/agent Email address of applicanM/Wnt � Mbblie °ne t1u bee of apprrcant/apant i ��� Applieonrs interest fil subjacf property-, PART 2. PROPERTY INFORMATION Street addrre-�ss of $ubloCt property Lagal daw iption of subject properfy (metes & ;bounds mnid be described on 8112'x f l "sheGV Lot book Add)tlon Size of subject property Acres Square footage Ptt°Sentwnkvaas n;atlbwr' &�Pusd [ISO offixapropeo.' Minimum /rnaxirmLrn d1silict $ke for condfUonal use regw;gt. Zoning ardtnance prov;slon requiring a "in$110 ai uSeuSe; PART 3. PROPI RTY OWNER INFORMATION Name of Trent pnapa Pwnsr_ ,�[���JJ p i�f� f i�O / f'�lyd� � _ �;�° .9I���� /!� /o) WO #14ceko City / State / Zip Code of property owner. ialephong number of pmporfy owner: 6 6 Fix number of property owner: JAN 14 2011 �� 01105!2011 11:18 817- 329 -8268 FEDEX OFFICE 0331 PAGE 03 -0 El Sukr»1t a letter dascrlbing the pmposW sonditiot ral use and note (he request on the site plan document D In the same letter, describe or show on the site flan, and condittonal requirements or condlfions imposed upon the particular Conditions! use by appllceNe district requla dons (example: t suffer yards, distance between users) El In the same fetter, describe whether fhQ propose if conditional use will, or will not cause - ubslantlal harm to the value, use, or enjoyment of other property in Uwe neighborhood. Also, descn" how the proposed conditional use will add to the value, use or enjoyment of other property in the neighborhood. El Application of site plan approval (Section 47, set{ attached Form IV), 0 The site efan submission shall meet that roguken Tents of Section 47, Site Plan R �, 4 All conditional use and condition ,7l use oppllcafk as are assurried to be complete when Bled and Wil.be placed on the agenda for public healing of the discretion of the steff. used on big si7v Pf the agenda, yaur application rmy be scheduled to a !rater dato. o All public hmerings Wit be opened and tesdrriony Riven by applicants and interested citizenry- Public hearings may be continued to the next public hearing. Public hegHngs will not be ti -bled. Q Any changes 0 a Nte. plan (no trotter how minor cr major} approved with a oandlt Mal use or conditional use permit can only be approved by city council through the public hearing proces i. 4 1 havo read and dnderstsad all the requirements ors set forth by the application for conditional use or conditional use ,permit and acknowledge that all ra7quirements of this appfica lion have been met at the time of subrraiftal_ PART 4. SIGNATURE TO AUTHORIZE 001)1. [TIONAL USE REQUEST AND PI -ACE A REQUEST SIGN ON THE $UBJEC'1' PRCIPERTY, r LszLiL--- — Print Appllcinf's Name: ye, STEFANI. MICHELL2014 EAL! The State of � Notary Public, Stxas '[� My Commissis Counlyof June 17, Before Me t _ �t2t � e- �L�f a�Y nn this day personally$opeara�d� (W60 ,7 known to me (or proved fo me on (tsa) oath of card or other documantj to be file person whore naatte is sub9mbed to the foregoing inst wment and acknowledged to me that he executed the same ter the purposes and co rnUon ti min sxorsssed. (Seat) Given under my hand and sea! of of yce this—� o'ay of A. p, ^. Notary In And Stata� Of -r as Print PrmperW Owners Afarner Pmp Y er'sS• trdtlr o, 7ihe State Of County Of � a�%. Before aMo i V� N on this tt&y perstfnally appeared _� [./�► ] - - (no" (property aw r) known to me (or proved to me on lhia oath of card or c Nr document) to be the person whose nerne k; subscribed to the foregoing lnstrunwnt and acknowledged to ma3 that he executed file same for the p,.ttpowes and considarnnon therein expressed. �� {Seal) Given under my hand and seal of offico this day of A.17. ! �-} 0 t i�� Y!ds& SiEFANI MICHELLE MIICHEAU Notary Public, State of Texas .," M Commission Ex • y pires a! A r Ste Of Texas .lens 17, 2014 � 01/05/2017. 11:10 017-329 -8268 FEDEX OFFICE ACKNOWLEDGEMENT 0331 PAGE 06 All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed can the agenda for public hearing at the discretion of the star. Based on the size of the agenda, your application may be scheduled to a later date. All public Bearings will live opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be C01ed. Any changes toy a site plan (no matter haw minor or major) approved with a conditional use or a Speck'/ use permit can only be approved by city council through the publie hearing pimicess. Any application for a cha, --ige 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 schedulec.ir on an agenda before the Planning and ,Zoning Commission and City Council if after said period of four months are application has not been scheduled bef:;ira the Commission and Council said application shall be considered withdrawn, 144th forfeiture of all fling fees. The application, along with the requited fling �16e may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Punning and Zoning Commission and Cftgr Council created by city staff shall not be considered a part of the four month perii;)d 1 have read and understand ,all of the r+mquirements as set forth by the application for conditional use or specltl use permit and acknowledge that all requlrama,nts of this application have b7.6,11 re# at the time of submittal, Signature ofAppl %ant Date: -//L5/1 Signature of Owner Date: S f t JAN Patty Cakes Bakery and Catering is a bakery that offers many menu items. Our menu consists of but not limited too: Cupcakes, Cookies, Cakeballs, Scones, Pies, Cheesecake, Fudge, Cakes, Brownies, Truffles, Toffee, Sticky Buns, Cinnamon Rolls and other desserts on request by customers. We also offer gluten free, sugar free, eggless, vegan and casein free desserts for customers that require special dietary needs. We have a location at 230 E College St, Grapevine. This location is where the magic happens, any baking or cooking is done at this location. The Main Street location is just a storefront, there is no cooking or baking being done at this location. Patty Cakes will also offer cookie decorating classes for kids every 31d Saturday of the month. We will also have a Cookie Club for kids and a Cupcake Happy Hour for everyone. Also instead of advertising, Patty Cakes works with organizations with donations and sponsorships. We believe in giving back to the community that helps support Patty Cakes. We also coordinate with the GCVB with visiting senior citizen tours and provide a cookie decorating class for the visiting tours. In the Central Business District of Grapevine, from Wall Street to Dallas Road, Main Street Baking Co. is a French Bakery and Patty Cakes will be the only American style bakery. Guests will be able to come in grab a sweet and a cup of coffee or hot chocolate and sit and relax and take a break from their main street shopping experience. Patty Cakes will also be open to wheelchairs and strollers. We will also have retail items such as hot chocolate mixes, T- shirts, aprons, Cookie mixes, cake mixes, cookbooks and other cooking /baking items. Our hours of operation are the following: • Sunday: 12 -4 • Monday and Tuesday: Closed • Wednesday: 11 -4 • Thursday: 1 1 -5:30 • Friday: 11 -8pm • Saturday: 10 -8pm III FEB 0 7 2011 To. Planning Technician- Uept of o Services Vage l of 4 LUl 1-UL -W i.7.au: 10 kum 1 ) FAX COVER SHEET TO Planning Technician - Dept of D Services COMPANY City of Grapevine FAX NUM13ER 181 - 74103018 FROM Matt Talley DATE 2011 -02 -09 15:29:55 GMT RE Patty Cakes Bakery COVER MESSAGE Planning Technician - As a Property Owner within 200 feet of the subject tract, I approve of a use permit for Patty Cakes to operate on historic Main Street. 2 think they will-be a great addition to the streetscape. Sincerely, Matt Talley MDT Main. Street, Ltd. www.efax.com FEB 0 9 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 CU11 -02 FOR A BAKERY IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 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 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, 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. 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 CU11 -02 to allow the development of a bakery (Patty Cakes Bakery) in a district zoned "CBD" Central Business District within the following described property: Lot 2, Block 18, City of Grapevine Addition (417 South Main Street) 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 a[I 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 safety 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. 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 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 February, 2011. APPROVED: ATTEST: APPROVED AS TO FORM- ORD. NO. 4 Occupant Load Summary Space Occ. Load Factor Gross Square Footage Occupant Load Waiting 1:30 405 14 Retail 1:30 729 25* Workroom 1:300 244 1 Receiving 1:300 76 1 * Actual seating=13 1 TOTALS 1 1,454 s.f. 41 SCALE: 1/4"=F-0" 0 P 2' 4' 8' North CONDITIONAL USE REQUEST CU11-02 IS A REQUEST TO ALLOW THE DEVELOPMENT OF A BAKERY IN THE CENTRAL BUSINESS DISTRICT. CASE NUMBERS CU I I-02 LOCATION 417 SOUTH MAIN ST. MAYOR SECRETARY DATE PLANNING AND ZONING. CO IMLISION CHAIRMAN DATE SHEET: OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT :PITH ANY CODES OR '.. ORDINAf.RCES DEPARTMENT OF OEVELCP€BENT SERVICES ''.... y{:�y�cau�q�H GGG�: