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HomeMy WebLinkAboutItem 04 - CU09-46 Yum Yum Yogurt CC FEM # q � �. '0"z W TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION 11-1 V FROM: BRUNO RUMBELOW, CITY MANAGER' SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO MEETING DATE: JANUARY 19, 2010 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU09-46 YUM! YUMI YOGURT! i ^[i! Grapevine Lake CO, APPLICANT: Cassie Uptmore J1� I I I ��c I.H.1635 North PROPERTY LOCATION AND SIZE: +a .=� �? ; The subject property is located at 603 South Main Street, Suite 302 and 303 and platted as Lot C, Block sy FW A°p y Halh[ohnson i 15, Original Town of Grapevine. The property �s a contains approximately 2.187 acres and has �Ll-�- _ro _ approximately 300 feet of frontage along South Main Glade nd. Y - Street and approximately 323 feet of frontage along East College Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to establish a yogurt restaurant. With this request the applicant proposes to establish a new 1,290 square foot, 25-seat, self serve frozen yogurt restaurant (Yum! Yum! Yogurt!) within two suites of the Westwood Centre development. The expected hours of operation for the yogurt restaurant are from 11:00 am to 10:00 pm, The total available parking on site of 81-spaces will adequately serve the proposed use. PRESENT ZONING AND USE: The property is zoned "CBD"Central Business District. The suites were recently used as a coffee shop (Mawker Coffee). 0AZWCU09-46.4 1 January 7,2010(4:32PM) HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned in the 1984 City Rezoning from"SP"Specific Use Permit District to "CBD" Central Business District. The subject property is also located within a Historic Overlay District(HL93-01). The properties to the west and south of the auto repair were rezoned from "LI" Light Industrial District to "CBD" Central Business District in the 1984 City Rezoning. The area to the south with the existing mini-warehouse development was rezoned to "LI Light Industrial District in 1990 (Z09-09). The restaurant south of the subject site was approved in April 1993 (CU92-25) for alcohol sales. The funeral home property to the north and the auto repair business to the west retained the "CBD" Central Business District during the 1984 City Rezoning. At the April 15, 2008 meeting Council approved Conditional Use Request CU08-09 (Ord. 08-20) on the subject site to establish a wine tasting room for on- and off-premise consumption (wine only) in conjunction with a coffee shop. On March 24, 2009 Council approved an extension to the wine tasting room to expire on April 15, 2010. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CBD" Central Business District and "R-7.5" Single Family District— funeral home, single family residence and bed and breakfast SOUTH: "CBD" Central Business District and "LI" Light Industrial District -- restaurant, warehouse and mini-storage EAST: "CBD" Central Business District and "LI" Light Industrial District — professional offices and mini-storage WEST: "CBD" Central Business District—various retail businesses and auto repair 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. /at 0:1MA0009-46.4 2 January 7,2010(4MP.M) WAUFA { ■■■■ WWI OF,FM VAI "! `fh+ �' ♦ �w� iii f- i :i 7 Y VIEW WA IM;VA l YA MUM WAS .,w. • ..,; :�' � E r -sue- = - aw OW,A --���� �f � :: ��IIIYIII�� ! ^ �, lS1E.TS�L.-.■ ®1 WF rt - G NE T e a s CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Name of applicant/agent:/company/contact Street address of applicant!a ent: City l State/Zip Code of applicantla -1( V i N ; T Telephone numbertif applicant/agent. Fax number of applicant/agent ...I`J 2-61(S 2"u Email address of applicantlagent Mobile phone numberofapplicantlagent �.�`•; �-.�t'°t' �l�Cls•'S °`� Applicant's interest in subject property: W nt,( PART 2.P FORMATION (metes&bounds must bd described on 8 112"x ll"sheet) of Slack Addition 5 uare foo e Present zoning classification: Minimum/maximum district size for conditional use request Zoning ordinance provision requiring a conditional use: P Name of current property owner.' S ee a dross p...perty owner. W,/State/Zi Code of property owner.-7X 29 Te ephone number ot'Aperty owner.' Fax number of property owner: ❑ 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 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, 0 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. ❑ f 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 ( S<�),C U � Print Applicant's Name: T Ap nf's S1gnatur The State of— �-CMG County Of —1A k. Before Me (IV1V;.V on this day personally appeared (notary) (app! ant) 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 acknowle Methal a xecuted the same for the.purposes and consideration therein expressed. w l (Seat)Giv r and anM9IWc1C IM6 dayof ALE"P.iYi,&e,,-_ ,A:D. X17 Notary Public,State of Texas My Commission Expires Febwary 17,2013 tart'In And For State Zlffexas Print Property wners Name: P rfy Owne&rl'iS ign The State Of fit County Of Before Me etlk�4�- �r/we on this day personally appeared (notary) (property owner) known to me(or proved to me on the oath of card or other document)to he 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. (Seat)Given under my hand and seal of office this day of ,A.D. ANNE17E TORRES *. * NOTARY PUBLIC Notary In And For State Of Texas S€ate of Texas •-4TEOF - ,_C 4 Z00 9 D9 40 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. 1 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 m At at the time of submittal Signature of Applicant Date: C ..T. V/, i SignaiW a of An e Date: DECI O - Dear sir or madam, We are planning on opening up Yum!Yum!Yogurt!,a self-serve frozen yogurt business on Main Street in Grapevine_ Yum! Yum!Yogurt! will sell and market a rotating menu of 18 frozen yogurt flavors and over 40 toppings,allowing each guest to create their own Yum! Yum! Yogurt! experience. Guests will customize their cup with their frozen yogurt and topping selections and their cup with be weighed to determine sale price. Yum! Yum! Yogurt! will be open seven days a week.The tentative hours will be l lam-9pm Sunday through Thursday and 1 lam-lOpm Friday and Saturday. As proprietors,we promise to maintain an in depth relationship with both our community and our customers. We have shopped and we have lived the Grapevine experience and it is something we love so much,that we want to become a part of it. The success of the self-serve yogurt store throughout the Metroplex cannot be questioned. In every possible avenue,Yum!Yum! Yogurt! will help bring in both traffic from outside of Grapevine,as well as the foot traffic in frost of the store. With our unique and specialized advertising campaigns,we plan to draw in customers of all walks of life. We will drive traffic to]Main Street. In addition to offering the community their customized cup of yogurt,we will also offer them one aspect that no other yogurt store has capitalized on yet—fun. Whether it's unique opportunities for trivia games or bonus discounts when local football teams score enough points,we will make an impact on the citizens of Grapevine.and beyond. We are committed to the Grapevine community. We will build a fan base,who once they have yogurt in hand,will want to walk and peruse.the other amazing shops on Main Street and spend,spend, spend. Respectfully, Brad and Cassie Uptmore Doug and Laura Wheat 0 (-) 9- L4 Le ORDINANCE NO. a 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=46 FOR A YOGURT RESTAURANT 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 ($2.00A0) 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 wafer 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 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 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: 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 CU09-46 to allow the development of a yogurt restaurant(Yuen Yum Yogurt) in a district zoned"CBD"Central Business District within the following described property; Lot C, Block 15, City of Grapevine (603 South Main Street #302 and #303) 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, restrittions, 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 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. 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 19th day of January, 2010. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 liw o E, C) UD N 21d 45' 31" W 13-9' COLLEGE STREET (60 FT. RIGHT OF WAY) ------ N 69d 38' 52" 32OQ'---:-: ♦h BRICK 0100 WEINBERGER NCLOS DELI 1.272 SF STEEL GATES 1101/102 ALL AMERICAN TEDDY BEAR 1,306 SF TWO STORY MASONRY BUILDING I 1103 PATTY CAKES BAKERY & CATERING V" 1,290 SF rO o J105 HANDBAG & SHOES 042 SF 1300/301 SCENT CHIPS 888 SF #302/303 SUBJECT .M PROpr 1,290 SF TWO STORY MASONRYBUILDING #304 GYPSY WAREHOUSE 2,029 SF C'D C 81 PARKING SPACES IT LOT C BLOCK 15 94,906 +/- SQ. FT 2.1-87 ACRES .... C B D ZONING IT ONE STORY MASONRY BUILDING I N 89d 37' 38" W 149.95' HUDGINS STREET (50 FT. RIGHT OF WAY) SITE PLA 1 I" = 20,-0, SITE PLAN BASED ON OWNER PROVIDED SURVEY AND INSTRUCTIONS LOT B BLOCK 15 ORIGINAL TOWN OF GRAPEVINE L I ZONING 4f a l �