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HomeMy WebLinkAboutItem 03 - CU09-38 Angels' Attic C& ITEM* /f", z z TO: HONORABLE MAYOR, CITY COUNCIL MEBERS AND THE QPLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: NOVEMBER 17, 2009 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF • CONDITIONAL USE APPLICATION CU09-38 r� I r---I I Grapevine Lake °over APPLICANT: Angels' Attic- Pat Quirin • I.H.635 Northwes PROPERTY LOCATION AND SIZE: ‘N°4.6"Pae. �■ 5?,{ The subject property is located at 1635 and 1637 J P p Y ■ �" West Northwest Highway, and is platted as Lot 1, t Hall-Johnson ‘.1. °F`^'Airport Block 1, Northwest Plaza Addition. �, 0 L1 I T----v c LJ b Glade Rd. ffi I I- c REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to establish a retail store with sales of secondhand qoods in an enclosed building in excess of 3,000 square feet of floor area. The applicant proposes to expand the existing retail business established in May 2006 for the sale of donated goods. The business currently occupies 3,706 square feet and proposes to expand to 5,816 square feet by adding 2,110 square feet from an adjoining suite. The established hours of operation are 10:00 a.m. through 6:00 p.m., Tuesday through Saturday. The business attracts an average of 70 to 100 shoppers per day. PRESENT ZONING AND USE: • The property is currently zoned "SP" Site Plan Zoning and is developed as the O:2CU\CUO9-38.4 November 12,2009 9:45AM 1 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 to the 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 Amore Pasta & Pizza. Eckerd's Drug Store 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 north side of the restaurant. The floor plan for the La Casa restaurant was again modified in 1994 (CU94-17). In 1998 Council approved a conditional use permit (CU98-38) which allowed for the installation of an ATM machine with a canopy in the parking area of the Northwest Plaza shopping center. At the May 18, 2004 meeting CU04-14 (Ord. 04-34) was approved for an outdoor patio and outdoor dining for an existing restaurant (La Casa). SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC" Community Commercial District—office uses including Omni American, Preferred Imaging, Cooks Children's SOUTH: "SP" Site Plan—Dollar General, Tuesday Morning, Beads, Passion Lighting, Grapevine Antique Mall EAST: "HC" Highway Commercial—Auto Zone WEST: "SP" Site Plan—various retail, personal service and office uses including DFW Realtors, The Nesting Place, Sports Cards. Tan Depot, Animal Clinic, Maui Nails AIRPORT IMPACT: The subject tract is not located within any of the 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. 0:2CU\CU09-38.4 November 9,2009 10:06AM 2 THOROUGHFARE PLAN APPLICATION: Amok 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. /at Amok O:'ZCU1CU09-36.4 November 9,2009 10:06AM 3 11111111110 ' 1101/9104421/0 R 7.5 R-MF-2 \� e : •lf'0 0 1 12 13 1 J 9 5 PO K - ROPO R- , ¢ _ O C E A R n0`1 Ov�ION 2 O 4 NOR °� ? ! N PT 3 C' 16072M 1 ADD 1 3 , . P , 1 20.3260 1 3 0' 6 R-20. . 2R 2 V►VSSS CC .s' i 3R15 ~O 1s -i`�.�' PO 3 2 F 206 1 263 35155 1 1 P001. 5 ,A N .PY1/4'5 3R1C © 9S3126 V 1 OFFICE BARK , 1 GSA 1 O0 t? 1 cip,A 003@ '" u VIN 2 30 G. PE 16d72M •20.3260 uj';1.0435 k0133" Imo_- - R r sasasasar esruaslnr -a,swraror ssrssasssssWskle- Tilidili ss�iowsswsra� O l G.1%�+�E t. �O gN '� ,,t N 1Lwt-e 1. .9189♦� R POO r2 '. ".------1 �2Z I G 63- P,X51 X57, 3R 1 X13 `SCI HC 1 1R1 1 1R2 A CUO°I-3� 1 ' VINE i 1 -B �A S \ ' Q CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Name licant/agent/company/contact tt7' &U( /L1� TyA /1\16L5 A- 7-P� /-lonm6 : Street address of applicant/agent: 7 8'11 J C-FT- 2So•t1 i,j ADO 3 7 /AL Mu) Hwy �62AP6v/,'6, 7�7 7(� S" / <oazyv,wit- 7'x76L3sL City/State/Zip Code of applicant/agent. 6-2 Mg YiN6 Tx 760 / Telephone number of applicant/agent: ) Fax number of applicant/agent err ? I Email g i 7 30 k- 76 .C.0 Applicant's interest in subject property: 0 lit)NE.11-/iti A A/A-6 6 VZ- PART 2. PROPERTY INFORMATION Street address of subject property I 1135*7637 W. v-I' 4 , tarry/t LI '1 —72c 76 Legal description of subject property(metes&bounds must.- de • bed on 81/2 x 11 sheet) / p. Lot 1 AMP 2— Block l Addition N 0 RV w EST ?Ltc 2! Size of subject properly / / ���� /� 2,3 Acres �_ 12 �i. ���h(4 4rpeuare footage Present zoning classification: Proposed use of the property: ���JJJ 441;4 am re... 3aJel1 AND so/T/y& 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: i 00 ' W U dc- Street address of property owner: -, I p/i1<sitili t 4"0-0 -765) City/State/Zip Code of property owner: / s.� --Tic 75-2-or- Telephone number of property owner: 'c�, Fax number of Eyope ne- ` f/t OCT 6 2009 ( ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document '1 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) +J 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 B'). ❑ 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 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 conditional use permit can only be approved by city council through the public hearing process. ❑ I 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 PROPE TY v n re Print Applicant's A ucant's Sig : The State of I'l.X L County Of T L,( tt - Before Me JA LA` /�Pl , \x/ {�s Q-- ` on this day personally appeared V 0 r O'}L/ ? i- `{ �r i - (notary) (applicant) 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 'mowledged to me that he executed the same for the purposes and consideration therein expressed. (teal)Given under my hand a d .-,. •f -• •�s 2 day of 0 Z o r ,A.D. 2o 04 ______ STEVEWATSON 49 l� Notay Public :y STATE OF TEXAS 44 of a My Comm.Exp.08-14-10_ Notary And For State • Texas i;Ay' Print rope O s Na e: Property Owner' Signatu • The State Of 5 County Of {-- f t —A-- ` -- Before Me J A(• �- 1{ �v* ` 1 on this day personally appeared C L t 3`' E 0 (notary) (property owner) 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. (Sea°Given u •� uG •• ..- , this 2- day of 0 ` / ,A.D. 2-9 D + . 4�,.r STEVE WATSON , Notary Public �j/(/ STATE OF TEXAS / v • ' My Comm.Exp.08-14-10 Not n And For State Of Texas OCT 6 2009 ACKNOWLEDGEMENT All 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. De lays 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. IcSignature of Applicant pYo `• . Date: lb ....\tlk .914- '‘--- Signature of Owner Date: Hl/P-1 OCT 6 2049 Nilo Angels' Attic is an Outreach Ministry of the Whites' Chapel United Methodist Church in Southlake, Texas. It is an Upscale Retail Shop selling previously used donated items including clothes, shoes,kitchen and bedroom items,toys,books,games and numerous other household goods. The store is approximately 3,706 square feet and would like to expand into the adjoining 2,110 square foot space by opening the shared wall in two areas and creating a space that would be used to sell donated furniture and have additional room for sorting the merchandise. Profits from the store are used to support many charitable ministries in the area and abroad,and the store is well supported and popular with many people in the Grapevine area.Angels' Attic is open Tuesday thru Saturday from 10 A.M. until 6 P.M. and is closed for most Holidays. Joys ` 4949 �� 3� c eb 771 ORDINANCE NO. � ft136‘ 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 CU09-38 FOR RETAIL SALES OF SECONDHAND GOODS IN A STORE EXCEEDING 3,000 SQUARE FEET IN A DISTRICT ZONED "SP" SITE PLAN 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 consider the 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. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: E 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 CU09-38 to establish a retail store with sales of secondhand goods in an enclosed building in excess of 3,000 square feet of floor area (Angels' Attic) in a district zoned "SP" Site Plan District within the following described property: Lot 1, Block 1, Northwest Plaza Addition (1635 and 1637 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 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 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. ORD. NO. 3 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 November, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 z .vw n w.wu.w+.w .-..'°w :41�.n o=7,^o:r w.w p =-.vnd w.r°wa w.":,•w w+wwon " o, o m.N•)s w n. aww 1 p+r wog»0Wo Iw 000 0 m wm. w A C � a-U o ni Q N o L. 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