HomeMy WebLinkAboutItem 04 - CU09-40 CVS ITEM # /
1 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION
FROM BRUNO RUMBELOW, CITY MANAGER \?Jk1---
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: NOVEMBER 17, 2009
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU09-40
I I
I I I 1
Grapevine �• • APPLICANT: Craig Rush
Lake
�ofre
Ra.
I,_ _ PROPERTY LOCATION AND SIZE:
• I.H.835
Northwes
;;. h ,d The subject property is located at 3701 Ira E. Woods
�{ Avenue and is platted as Lot 1, Block 1, CVS
Addition of Grapevine. The site contains
approximately 1.9 acres and has 243 feet of frontage
FW
• Hall-Johnson • ADport
L,
.2 along Ira E. Woods Avenue(S.H. 26)and 216 feet of
frontage along Pool Road.
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m Glade Rd. Zr) L_
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU01-55 (Ord. 2001-81) fora retail pharmacy with the possession, storage, retail
sale, and off-premise consumption of alcoholic beverages(beer and wine only)with drive-
through service, specifically to amend the hours of operation for the on-site pharmacy.
The CVS Pharmacy currently in operation was originally considered and approved by
Council at their October 16, 2001 meeting. During the public hearing on the request, the
representative speaking on behalf of the applicant(Robert Reeves of Robert Reeves and
Associates, inc.) agreed to a number of stipulations for approval of the request, one of
which was the requirement that the pharmacy would provide a licensed pharmacist on duty
during all store operating hours; store operating hours were limited to 8:00 a.m. till 12:00
midnight, daily.
Recently it came to Staff's attention that the retail pharmacy was not complying with the
O:\ZCU\CU09-40.4 1 November 8,2009(3:19PM)
agreed stipulation that a pharmacist be on duty during all store operating hours and
appropriate code enforcement action was taken. Representatives of CVS Pharmacy were
contacted and they appeared to be totally unaware of this stipulation. The applicant is
requesting to amend the conditional use request only relative to the pharmacist on duty
stipulation—no other changes to the site plan are proposed. In the applicant's letter he
states that there is not a strong demand for prescription medications outside of a 9:00 a.m.
to 9:00 p.m.window and these hours are similar to other retail pharmacy stores currently in
operation in Grapevine. See the attached letter.
PRESENT ZONING AND USE:
The property is currently zoned "HC" Highway Commercial District and is developed as a
retail pharmacy with drive-through services and off-premise alcohol beverage sales (beer
and wine only).
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was zoned "I-1" Light Industrial District and "C-2" Community
Business District prior to the 1984 City Rezoning. A conditional use permit(CU86-07)was
granted in 1986 for a convenience store with gasoline sales and off-premise alcohol
beverage sales (Seven-Eleven) on the subject property at the southwest corner of Pool
Road and Ira E. Woods Avenue but was never constructed. A zone change request(Z98-
23) to rezone the subject site and surrounding areas to the south and west to "CC"
Community Commercial District was denied at the October 20, 1998 meeting. A
subsequent conditional use request(CU99-20)to develop the subject site and surrounding
area as a planned commercial center with a grocery store with off-premise alcohol
beverage sales and convenience store with gasoline sales and off-premise alcohol
beverage sales was denied at the August 17, 1999 meeting. Another attempt was made at
the December 19, 2000 meeting to rezone the subject site and surrounding area to "CC"
Community Commercial District (Z00-16) and establish a planned commercial center
(C000-66) with an Albertson's grocery store as the prime retail provider within the center.
Both requests were denied. The Council approved a conditional use request(CU01=55)at
their October 16, 2001 meeting on the subject site to allow the development of a retail
pharmacy(CVS Pharmacy)with drive-through service and off-premise alcohol beverages
sales (beer and wine only) and a 20-foot pole sign. A subsequent revision (CU02-34) on
the subject property was considered and approved by the Site Plan Review Committee at
their July 24, 2002 meeting which allowed for the substitution of the previously approved
20-foot pole sign for a monument sign.
For the property immediately adjacent to the south of the subject site, Council considered
and approved at the July 15, 2003 meeting a zone change request (Z03-05) to rezone
3.975 acres from "CN" Neighborhood Commercial District and 3.819 acres from "PO"
Professional Office District to "CC" Community Commercial District for development of a
personal care facility and general office/retail development. A conditional use permit to
allow for the development of a personal care facility (CU03-24) was also considered and
O:\ZCU\CU09-40.4 2 November 8,2009(3:19PM)
approved. The remaining property that was not utilized for the development of the
personal care facility although rezoned to"CC"Community Commercial District was deed
restricted to only those uses allowed in the"PO" Professional Office District. At Council's
May 15, 2007 meeting a zone change request (Z07-03) and a planned development
overlay request (PD07-03) were considered and denied on the property immediately
adjacent to the west of the subject tract. The applicant had intended to rezone the property
to "R-5.0" Zero Lot Line District for the development of 31 single family homes. On this
same property to the west, Council approved a zone change (Z08-11) and a conditional
use request (CU08-30) at the November 18, 2008 meeting to rezone approximately 12.1
acres from "CN" Neighborhood Commercial District to "PO" Professional Office District to
allow the development of a personal care facility and establish a planned office center.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: City of Southlake
SOUTH: "PO" Professional Office District—various multi-tenant office
development
EAST: "HC" Highway Commercial District and "GU" Governmental Use
District—Hansome Hank's Texaco and Grapevine High School
WEST: "PO" Professional Office District—under development for a personal
care facility and office uses
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 Commercial land use. The
applicant's proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Pool Road as a Type B, Major Arterial with a minimum
80-foot right-of-way developed as four lanes with a center median.
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CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Name of applicant/agent/company/contact
Goa 2v51, , '.(3,c06.5
Street addre pplicant/agent:
717 Maw' 5*
City/State/Zip Code of applicant/agent:
�-�- 3 t-- , #1 )( 1b/o2
Telephone number of applidlant/agent.- - Fax number of applicant/agent
6017) 2-22- ' 425
Email address of applicant/agent Mobile phone number of applicant/agent
PART 2.PROPERTY IN,/FORMMAAT1C O
Street address of subject property
370 - leA E bir,DAS Av-e, Caro V ikoa j1 k
Legal description of subject property(metes&bounds must be described on 8 1 �s t)t)►/ j/_'� 6rpe / f�Lot I Block / Addition \/`x , 'c�can o 1 � V I ! i
Size of subject property Q
�. / Acres �, O C) Square footaoe
Present zoning classification: Proposed use of the property
v ektuv c�
Minimum/maximum district size for conditional use request
) )cvoe G o d ►,s Zock ,
Zoning ordinance provision requiring a conditional use:
A014 26 _ C. 4 - 4 ).Jr CA -Q rvA ,1)
PART 3. PROPERTY OWNER INFORMATION
Name of current properly o
Stre rTess of property owner
o4 i.5 ? 1v&
City/State/Zip Corte of property owner.
1 r ba\kciArk NNI1v5
Telephone number of property owner. Fel number of property owner.
130b S101 417') /S- $C \
OC 1 �' 2009
❑ 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 erjoyment 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.
D Application of site plan approval(Section 47,see attached Form
❑ 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.
❑ l 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
K. F?" FL.45- t (�
Print Applicant's Name: scants Signature:
The State of
County Of wt ,, '
Before Me '/`L / ( on this day personally appeared V y ��4i.Q�.
(notary) plicant)
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 /� day of 41-444 ,A.D. ZOO
•
;� �'�'- MYi.01mNGELVNEXPItiE /tea✓i iI /4
.4 June 19,2011 S Notary In And . State II- s
:4iL., IUc 4111
Print Property Owners Name: Prope're wner's S', afore:
The State Of 7
County Of��/�/9'IZ/Q,4� 4 \ /�
Before Me/. .9 —GcI//�- S'V'/F4. f 04... 'Z on this day personally appeared greet IV �J2�Q''��J(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 puurposQs and consideration therein expressed.
(Seal)Given under my hand and seal of office this , . eeir/1�day of (��-1
•
y Nola And Of exVIRGINIA SCHIERSTUN• Nasty PM it.SW rf an"" °"avl'.r'`s!'
OCT I
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. 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: to i3 7
Signature of Owner Idg ;
Date: b f l3 i b,
0t-14 0
CVS Pharmacy Store#3708
3701 Ira E. Woods Ave
Grapevine, TX
City of Grapevine File#CU01-55CVS
Background:
The Conditional Use Permit (CUP) for this file was originally approved by the City of
Grapevine City Council on October 16, 2001 (letter included as Attachment A). There
were restrictions placed on the CUP including one stating that a pharmacist be on duty
during all hours of operation.
Justification:
The current hours of operation for this store are:
Store Pharmacy
7 am to 12 am M-F 8 am to 10 pm M-F
7 am to 12 am Sat. 8 am to 6 pm Sat
8 am to 10 pm Sun 10 am to 6 pm Sun
Business has been strong enough in this store that an expanded schedule is necessary to
provide service to the local community. While the store hours are longer for the sale of
over the counter medicines and other retail, demand for prescription medications is not
strong for the hours outside of the 9 am to 9 pm window. Medical facilities (with the
exception of emergency rooms) are typically open within the same hour range as the
pharmacy in this store. These hours of operation for the pharmacy versus the main store
are in line with other similar stores in Grapevine(Walgreen's, Walmart).
OCT 2 ! 2009
el4D
( D
ORDINANCE NO.
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 CU09-40 TO AMEND THE SITE PLAN APPROVED
BY ORDINANCE NO. 2001-81 FOR A RETAIL PHARMACY
SPECIFICALLY TO AMEND THE HOURS OF OPERATION
OF THE ON-SITE PHARMACY IN A DISTRICT ZONED "HC"
HIGHWAY COMMERCIAL 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
ORD. NO. 2
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:
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 CU09-40 to amend the site plan approved by
Ordinance No. 2001-81 fora retail pharmacy with the possession, storage, retail sale and
off-premise consumption of alcoholic beverages (beer and wine only) and drive-through
service specifically to amend the hours of operation of the on-site pharmacy in a district
zoned "HC" Highway Commercial District within the following described property: platted as
Lot 1, Block 1, CVS Addition of Grapevine (3701 Ira E. Woods Avenue) 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. ,001%,,
ORD. NO. 3
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
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
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