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HomeMy WebLinkAboutItem 09 - CU14-20 Angels' AtticTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION ILI FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: MAY 20, 2014 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU14 -20 ANGELS' ATTIC II .t -- I-7 ----- - - - - -- -- dt 4Grapevine Lake o 2 5 I � l l l > l I.H. m Northwest 0) 5. Sy DFW 3 Airport call- Johnson ' � m 6'p a 1 m l T - - - -� o LJ Glade Rd. F c D APPLICANT: Angels' Attic — Phillip Bressinck PROPERTY LOCATION AND SIZE: The subject property is located at 1639 West Northwest Highway, and is platted as Lot 1, Block 1, Northwest Plaza Addition. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU09 -38 (Ord. 2009 -52) specifically to allow for retail sales of secondhand goods in an enclosed building where the size of the space exceeds excess of 3,000 square feet of floor area. Established in May 2006 and approved for an expansion to 5,816 square feet by the City Council on November 17, 2009, Angels' Attic sells secondhand goods in a floor area which exceeds 3,000- square feet. At the November 15, 2001 meeting City Council approved CU11 -32 to expand Angels' Attic into a separate 1,400 square foot suite within the same complex. 0AZCt1\CLJ14 -20.4 May 14, 2014 8 :47AM 1 With this request, the applicant proposes to vacate a 1,400 square foot lease space and move to a 2,940 square foot space within the same shopping complex. The total square footage proposed for the three suites is 8,756 square feet —an increase of 1,540 square feet. The proposed hours of operation are 10:00 a.m. through 4:00 p.m. Tuesday through Saturday. The previously approved donation drop off area located at the rear of the 1,400 square foot space is proposed to be relocated to the rear of the proposed suite and will be manned Tuesday through Saturday from 10:00 a.m. through 4:00 p.m. PRESENT ZONING AND USE: The property is currently zoned "SP" Site Plan Zoning and is developed as the 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). Conditional Use Request CU09 -38 (Ord.09 -52) was approved by Council at the November 17, 2009 meeting which allowed for the establishment of a secondhand goods retail store in an enclosed building in excess of 3,000- square feet. City Council on April 19, 2011 approved an eight month extension to Conditional Use Request CU09 -38. Conditional Use Request CU11 -32 (Ord.2011- 61) was approved by Council at the November 15, 2011 meeting which allowed for the establishment of a secondhand goods retail store in an enclosed building in excess of 3,000- square feet. 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, Bealls, Passion Lighting, Grapevine Antique Mall 0:2CU=14 -20.4 May 14, 2014 8:47AM 2 EAST: "HC" Highway Commercial —Auto Zone WEST: "SP" Site Plan— various retail, personal service and office uses including Metroplex Realtors, Minute Man Press, Sports Cards. Alanon, Animal Clinic, Maui Nails 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. THOROUGHFARE PLAN APPLICATION: 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 0:\ZCU \CU14 -20.4 May 14, 2014 8:47AM 3 CU)4-QO CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form"A" � 1 19 - I "-I I Z— Present zoning classification: Proposed use of the property: I - P �� P E't-A 'I L S A L 1-�, P-,hj, -r,, AC 4 14o c, �s 6 w 'S j �! �'-- ;L) s F-:5 � Circle yes or no, if applies to this application Outdoor speakers Yes 6& Minimum /maximum district size for conditional use request ordinance provision requiring a conditional use: Telephone number of property owner.- I �)- Fax number of property owner 9 -W- 4 q� - I q �' I1 APR 1 4 2614 0'a I � ( ❑ 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 re uirements 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 acknowled e that all requirements of this a lication 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 Print Applicant's Name: Applicant's r The State of''1 County Of 1 �t rran Before Me jj ! 1/ Yt� �. on this day personally appeared (notary) (applicant) JJ�E All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed • the agenda for public hearing at the discretion • the staff. Based on the size of the agenda, your application may be scheduled to a later date. Ail public hearings will be opened and testimony given by applicants an't 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 • major) approved with a conditional use • a special use permit can only • approved • city council through the public hearing process. I have read and understand all of the requirements as set forth by the application for conditional use • special use permit and acknowledge that all requirements • this application have been met at the time • submittal. M Date: Date: 441 i1���E CU, 1 °`"ac) April 14, 2014 City of Grapevine Development Services Planning Division 200 S. Main St. Grapevine, TX 76051 Re: Angels' Attic Too Expansion To Whom It May Concern: The purpose of this Conditional Use Application is to request the relocation and expansion of the current Suite 1629 which is several doors down from the main store into Suite 1639 which adjoins the main store. This was instigated by the recent vacancy of the tenant that occupied Suite 1639. The Main Angels' Attic store contains approximately 5,816 square feet. The added 1,540 square feet of space will be used for the Retail sale of furniture and houseware items and also for sorting items that have been donated. Angels' Attic is a non -profit charitable outreach ministry of White's Chapel United Methodist Church. We have distributed almost $500,000 to various needy organizations and causes both locally and worldwide over the last few years. It is anticipated and hoped that this expansion will allow us to increase our giving by selling more furniture and other high profit items. Thank you for your consideration. Sincerely, t t Phillip Bressinck Board Member l�C�It�E 14 *RDINANCE NO. • • • . , •' � 111 • �" � � • • . !•' • • 1f1 1f '�' �, .. 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 otherthings 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, •' ORDAINED BY THE CITY COUNCIL OF OF GRAPEVINE, 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 CU14 -20 to amend the site plan previously approved by Ordinance No. 2009 -52 specifically to allow retail 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 (1639 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 20th day of May, 2014. ATTEST: ORD. NO. 4 A S (TENERAUXFAL.- AFPUCANTe: PAT OLHR;N DBA "ANGELS' ArrIC' 1637 W. NciifiqweiT Hwy, GWNNE, mos 76051 1817 577-9418 LEGAL INTEREST; OWNER / mokwm MIPPITY awk aMRPROPERTY tfIKTWV%bT LLr C. JAY HO 25 HIG14LAND PAW MLLACE #100--70 DALLAS, TEXAS 75205 (214) 354-3080 ARCHMM Lambdin Architects 1209 Glade Rd. Colleyville, Texas 76034 817-691-6621 E-Mail: wlambdin@sbcglobal.net SMTF DKILA. rNsfilig ZOWNG: SP W/ CG DISIRIUr ALLOWABLE USES mQCAV' ON: 1629 & 1639 wLST' NORT14WM WC34WAY' LEGAL n-SUP1104: LOT 1, BLOCK I NORNWIEST PL42A ADUTION Oi.£AR 60a 31c" . .... '23Z Lai I 1 BLOM 84 LOT 2 BLom I _4 j F TOTAL FMIMG 487 --1 7- ---------- LOT t Bwcy, I �i33.578 SF. 71 !-I, .. . ...... LOT 2 SLOCA 1 ,Tmo % TOTAL AREA — 374,260 S'r. -:.tj % Tic= T 10 -J t . ............. *tn ...... . ... �.T RES 4-1 F.r --I- 100 % v I S 1 0 N ............ --- 'All sill LEASE AREA CALCULATIONS EXISTING AREA - 1635 = 3,"106 EXISTING AREA - 1631 2,110 NEW AREA - 1639 2-140 TOTAL. AREA 6,-156 CONDITIONAL USE REQUEST CONDITIONAL USE REOUEST CUI4 -20 15 A REOUEST TO AMEND THE PREVIOUSLY APPROVED 51TE PLAN OF SPRC CUII -5-1 0009 -36 (ORD. SPECIFICALLY TO ALLOW FOR RETAIL SALES OF SECONDHAND &DODS IN AN ENCL05ED BUILDING, WHERE THE 51ZE OF THE SPACE EXCEEDS 3,000 SQUARE FEET IN AREA, CASE NAME: AN6ELV ATTIC CASE NUMBER: CU 14 -20 LOCATION: LOT BLOCK I, NORTHWEST PLAZA ADDITION CITY OF GRAPEVINE 1625 W. NW. HWY, DATE: PLANNING 8 ZONING COMMISSION DATE:M SHEET I OF I APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OP DEVELOPEMENT SERVICES THIS DOCUMENT 15 FOR INTERIM REVIEW ONLY AND 15 NOT INTENDED TO BE USED FOR CONSTRUCTION, BIDDING OR FERMITIN6 FURFO5E5 =a �o _:oa�gaw aoNOOS< DATE ISSUED: 411114 DATE ISSUED! 4/28/14 Tm z O w so m zaw z z - _ w _uf a zr o33z ar —za4 °a w> wf �a oaw¢zz? S� O d v 1(7 LLI. T- LIJ w F_ F- oi ��� w -A Oz 1S � z> LU lf) d Q z O v lrU 1 C\2 a �o c _ �o o� 5 IT.