HomeMy WebLinkAboutItem 06 - CU12-21 7-Eleven ei ITEM # w ol 3
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER 5�Z_ ,r
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR WP
MEETING DATE: OCTOBER 16, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU 12-21, 7-ELEVEN
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Grapevine
Lake APPLICANT: Brian Nebel
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Northwe 1 PROPERTY LOCATION AND SIZE:
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The subject property is located at 520 South Main
Street, Suite 202, and is platted as Lots 1 R, 2 and
1 Hall-Johnson sy Airp 3B, Block 4, City of Grapevine Addition. The
property contains 0.721 acres and has approximately
255 feet of frontage along South Main Street, 43 feet
} Glade Rd. —c —� of frontage along Franklin Street and 92 feet of
3 frontage along West College Street.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow the possession, storage, retail
sale and off-premise consumption of alcoholic beverages (beer and wine only) in
conjunction with a convenience store.
The applicant proposes to establish a 1,924 square foot convenience store {7-Eleven}on
the subject site that will provide off-premise beer and wine sales, perishable and non-
perishable food items, prepared food and other sundry items generally found in a small
convenience store; current plans are for the store to be open from 5:00 a.m. to 2:00 a.m.
The applicant has provided 41 parking spaces on site. Based on currently approved uses
and those projected as spaces are leased in the future, 82 parking spaces are required.
Area public parking lots include the Foust lot, the lot west of Willhoite's, the Church Street
and West Texas Street lot and the lot at Jenkins Street and East Worth Street offer parking
in the immediate vicinity to accommodate the proposed use and future tenants of the
remainder of the building.
0:gMCL112-21.42 October 10,2012(2:58PM)
This request was tabled by the Planning and Zoning Commission during their deliberation
session at the August 21, 2012 meeting in order to give the applicant an opportunity to
address comments from both the Commission and the Council relative to the proposed
wall signage and to the floor plan, paying particular attention to the amount of floor space
dedicated to such perishable goods as fruits, vegetables, dairy, cheese, etc. While the
floor plan has remained the same the applicant has provided a table denoting the
increased amount of floor space dedicated to perishable goods in this "market"version of
their store compared to a typical 7-Eleven convenience store. A number of changes to the
proposed wall signage have been made to include decreasing the size and thickness of the
projecting wall sign and adding a decorative gold border and decorative metal feature from
which the sign will be suspended and eliminating an external light fixture.
During the Commission's September 18, 2012 deliberation, discussion continued on the
request with specific consideration given to signage, off-premise alcohol beverage sales
and proximity to a restaurant with on-premise alcohol beverage sales, hours of operation
and hours of operation and alcohol beverages sales during festivals. The Commission
subsequently denied the applicant's request. During the Council's regular session at the
September 18 meeting, discussion continued on signage, floor plan layout and product
mix, alcohol beverage sales, and hours of operation. A presentation of the initial opening
store inventory was also discussed. Mr. John Eiskamp representing 7-Eleven, referenced
meeting all TABC requirements and limiting hours of operation both during festivals and
during the rest of the year. The Council directed Staff to set a new public hearing for the
request and to re-advertise and re-notify surrounding property owners.
The Historic Preservation Commission at their September 26, 2012 meeting considered
and approved the proposed wall and projecting signage previously submitted as part of 7-
Eleven's conditional use request.
The applicant has provided a new packet of information that includes a site plan and a
color-coded floor plan that shows the proposed locations as well as percentages of display
space dedicated to fresh produce, meat/dairy, grocery items and beer/wine. Also included
in the packet is a compilation of the opening store's inventory and a representation of how
it will be displayed. The applicant has agreed not to serve/sell beer and wine during
festival periods, to limit the amount of beer and wine for sale below that found in a typical
store and to limit the hours of operation between 5:00 a.m. and 2:00 a.m. See the
attached material.
PRESENT ZONING AND USE:
The property is zoned "CBD" Central Business District and is currently undergoing an
extensive remodel/expansion to allow for multi-tenant office, retail, and restaurant uses.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and surrounding areas were rezoned in the 1984 City Rezoning from
0:2WCUI2-21.42 2 October 10,2012(2:58PM)
"C-2" Community Business District to "CBD" Central Business District. The subject
property is also located within the Main Street Historic Overlay District (HL92-03). At the
March 20, 2012 meeting Council approved a conditional use request(CU12-08)for an 87
seat Jake's Hamburger's restaurant with on-premise alcohol beverage sales on the subject
site. Also on the subject site, Council approved at their July 17, 2012 meeting a conditional
use request (CU12-29) for a 435 square foot retail store (Sugar Shack) for food service
items (shaved ice and seasonal beverages).
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District—Wilihoite's
SOUTH: "CBD" Central Business District—retail business, Blagg Tire and
Service
EAST: "CBD" Central Business District—Foust Funeral Home
WEST: "CBD" Central Business District—two office structures
AIRPORT IMPACT:
A portion of 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.
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0:1ZWCU12-21.42 3 October 10,2012(2:58PM)
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�IIIII �e A u m
CITY OFGRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Applicant Name: V'?AAcr4 N
`7- �rJN
Applicant Address: 'f t 3 .S®13® I
City/State/Zip .x -7(0 Z
Phone No. Fax No. L.
Email Address Aobile Phone
Applicant's interest in subject property A
PART 2. PROPERTY INFORMATION
Street Address of subject property 1 s
Legal Description: Lot FIR!—
lR 2 Block Addition v.+++1 V l N
11334�, F--+ F Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet
Size of subject property: acres F."/24 square footage -2j 1, Sj -Cep
Present Zoning classification p
Proposed use of property YJ d
Zoning ordinance provision requiring a conditional use 'D w wt,— S
PART 3. PROPERTY OWNER INFORMATION
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Property Owner
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Prop Owner Address[
City/State/Zip
Phone No. "� . rl . 'L�rjU o. K ),%-4 1&a C.:,
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0 Submit a letter describing the proposed conditional use and note the request on the site plan document
11 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.
Q Application of site plan approval(Section 47,see attached Form"B' .
13 The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
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• All conditional use and conditional use applications are assumed to be complete when tiled 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.
O 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.
❑ 1 have read and understand aff 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
N
Print Applicant's Name Applicant's Signature
The State of
County of
Before me(notary)DIV,6UM, on this day personally appeared(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 acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this5 day of , ,A.D.
E z S,WOOD
NOM PUBLIC
SWE OF WA
]-2034 Notary In and For State of
Print Property Owner's Name P operty no
The State of
County of
Before me(notary) ................. » on this day personally appeared(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 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 ,A.D.
Notary In and For State of
CI IIf Ic� ..
ACKNOWLEDGEMENT
All Conditional Use and Special Use Applications it will be
placed on the li the ! ► size of the
agenda, your application 1 date.
II public headngs will be opened and testimony r ven by applicants and interested citizenry. Public
headngs may be continued to the next public i li will not be tabled
Any changes to a site minor or conditional use or a
special use permit can only be approved by city council through the i .
application Any in ; amendment to ;ng ordinance shall have,
from the date of submittal, a period of four months to request and be scheduled
Planning before the I Commission il. If i
application l ed before the Commission and Council said application ►!be
considered 1 , with forfeiture all Ili ng fees. The application, along with the required
filing i i reconsideration. 1 in li
applications before the Planning ! ; 1 Council created by city staff
shall not be considered period.
I have read and understand all of the i application ; ; 1 use
or special use permit and acknowledge that ►requirements of this li t► the
time ; 1.
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Signature oApplicant
Date
I r
Signature of Property Owner
Date I
7-Eleven
To:
Mayor William Tate and Members of the City Council
Chairman and Members of the Planning and Zoning Commission
I'd like to introduce myself as Mike McCormick, Senior Director of 7-11. 1 have been
intimately involved in addressing the concerns raised and the guidance given by you at
the last hearing. As a resident of Grapevine who lives a block away from our proposed
new store, I am also keenly aware of the nature of historic Grapevine and applaud the
work all of you have done over the years to preserve its integrity.
Regarding the guidance we received at the last hearing we have worked diligently with
the city over multiple meetings to respond to the "market" nature of the store. I would
like to take this opportunity to highlight the specifics of our response as follows:
1) Market Concept: In this 7-Eleven Market store, we are committed to providing a
robust product assortment that meets the needs of the customers and patrons of the
Grapevine Historic District. We are pleased to advise that our initial product assortment
at this location will expand MARKET type products that we believe will be in high
demand, while minimizing products that would be of lower demand.
This will be a franchise store and part of what we provide our franchisee through our
world class information system, is the technology to continually refresh and provide the
most efficient product assortment, to continually meet the needs of their customers. It
will be important for our franchisee to have the ability to periodically adjust the product
assortment, by adding new items and removing items that are in low demand.
In closing we hope we have done enough to respond to your guidance. We trust the
Council and Commission is sensitive to our need to be able to adjust product based on
market demand going forward. We are committed to integrating this new market store
with the historic nature of the location and in fact committed to a lease with the owners
even before they had closed on the property! We will have a representative available to
answer any questions you may have. Thank you for your time and consideration.
Sincerely,
Mike McCormick
Historical Main Street Grapevine 7 Eleven
1) Grapevine Council requested a"Market type store".
a) 7 Eleven responded with a uniquely developed 7-Eleven"Market Store" for the
historical Grapevine district.
2) It was requested that 7-Eleven work with the Historical Preservation Committee to
develop a sign meeting the historical requirement in the district.
a) 7-Eleven prepared numerous variations of signs and did meet the requirement of
the historical committee.
3) It was requested that 7-Eleven not serve beer/wine during festival periods when the
area is fenced off and access is limited.
a) 7 Eleven agreed to honor this request.
4) It was asked that 7-Eleven show how this store is different from a tradition 7-Eleven
store, and how the store would be stocked to favor a"Market Store"
a) 7-Eleven has provided the requested deviation study as compared to a traditional
7-Eleven.
b) 7-Eleven has also provided a complete list of items to be stocked, with stocking
photos.
5) It was asked that 7-Eleven expand its offerings of fruits, meats, cheeses and dairy for
this site.
a) 7-Eleven has met this request and provided a unique "Market Store" assortment of
product.
6) It was asked that 7-Eleven limit the amount of beer and wine below that level of a
typical store.
a) This is demonstrated in the store deviation study layout provided.
7) It was asked that 7-Eleven not be a 24 hour business in this location.
a) 7-Eleven has agreed to limited hours of operation of 5:00am to 2:00am
0, j
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 PERMITCU12-21 FOR THE
POSSESSION, STORAGE, RETAIL SALE AND OFF-
PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES
(BEER AND WINE ONLY) IN CONJUNCTION WITH A
CONVENIENCE STORE 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 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 propertywith 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 BYTHE 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 CU 12-21 to allow the possession, storage, retail sale,
and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction
with a convenience store (7-Eleven) in a district zoned "CBD" Central Business District
within the following described property: Lots 1 R2 and 3B, Block 4, City of Grapevine
Addition (520 South Main Street, Suite 202) 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 16th day of October, ?012.
APPROVED:
ATTEST°:
APPROVED AS TO FORM:
ORD. NO. 4