HomeMy WebLinkAboutItem 07 - CU12-29 Sugar Shack Store TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JULY 17, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU12-29 SUGAR SHACK
STORE
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Grapevine y?, APPLICANT: Holli Mathews
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I PROPERTY LOCATION AND SIZE:
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The subject property is located at 520 South Main
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Street, Suite 205, and is platted as Lots 1 B, 1 R, 2
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Hall-Johnson and 3B, Block 4, City of Grapevine Addition. The
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property contains 0.721 acres and has approximately
-^- I 255 feet of frontage along South Main Street, 43 feet
Glade Rd. —�� I
c —� of frontage along Franklin Street and 92 feet of
frontage along West College Street.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of conditional use request CU12-08 (Ord. 2012-10), specifically to allow food service
(shaved ice and beverages) in conjunction with a retail store.
The applicant intends to establish a 435 square foot retail store (Sugar Shack) and allow
food service(shaved ice and seasonal beverages)within a multi-tenant structure currently
under construction located at the southwest corner of South Main Street and West Franklin
Street. On-site seating or on-site dining is not proposed. Total parking provided on the site
is 41 spaces; Sugar Shack will require three spaces. The remaining 12,755 net leasable
square footage of the building is proposed to be devoted to a mixture of restaurant, retail
and office uses which will require approximately 79 additional spaces, leaving 41 spaces
that will be unaccounted for on site. Available public parking lots including the Foust lot,
the lot west of Willhoites, the Church Street and West Texas Street lot and the lot at
O:rZWCU12-29.4 July 12,2012(9:31 AM)
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.
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
"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).
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District Willhoite'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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T E 1 8
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/agent:/company/contact
Gra sukaar S5CA - Ho +hews
Street addrdss of applicant/agent: �
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City/State/Zip Code of ap i ant/agent:
Telephonb number of applicant/ag nt: Fax number of applicant/agent
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Email address of applicant/agent Mobile phone number of applicanbagent r
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Appllcan s interest in subj roperty.
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PART 2. PROPERTY INFOR TIO
Street address of subject property
D 6 . yncC S - 5+ k aDS
Legescription of subject property(metes 6 bounds must be described on 8 112"x 11"sheet) y�
Lot -02 Block -'—'/ Addition tr �f 6e
Size o subject property r
/ �0690 5'=- acres Square footage
Present zoning classification: Proposed use of the property:
Minimum/maximum district size for conditional use request.
Zoning ordinance provision requiring a conditional use:
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PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.-
Street address of property owner.,
City/State/Zlp Code of property own
Telephone number of property o er 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.
• 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 maybe 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.
❑ 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and
acknowledge that all re uirements 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
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Print Applicant's Name: Applicant's Signature:
The State of l eKcts
County Of 'c—tr- a-M
Before Me L zcx{1 BQk on this day personally appeared F61 s heW
(notary) (applicant)
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kno���p�p to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
ac'�W pp�T ..or executed the same for the purposes and consideration therein expressed.
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! n rid rid seal of on �
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day of `] lx A.D. 06 a
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0 Cr;e. Q Notary! rid State Of Texas
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Print ProperW Owners ifne. Property er's 'gnature:
The State Of I )(as
County Of -Z r'rctn+
Before Me ` tksa n ""'�'j
" on this day personally appeared ' ° tl
(notary) (property owner)
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed
(Seal)Given under my he ce this `" " day of �u-� A.D.
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Z Notary In A or state Of Texas
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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 riling 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 met at the time of submittal.
Signature of Applica
Date: L tz
o
Signature of Owner
Date: '
Oka.,
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 BEINGALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
GRANTING CONDITIONAL USE PERMIT CU12-29 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2012-10 TO ALLOW FOOD SERVICE (SHAVED ICE AND
BEVERAGES) AS TAKE OUT ONLY IN CONJUNCTION
WITH A RETAIL 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 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 CU12-29 to amend the site plan approved by
Ordinance No. 2012-10 to allow food service (shaved ice and seasonal beverages)as take
out only in conjunction with a retail store(Grapevine Sugar Shack) in a district zoned "CBD"
Central Business District within the following described property: Lots 1 B, 1 R, 2 and 313,
Block 4, City of Grapevine Addition (520 South Main Street, Suite 205) 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. 111Ihat 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. 11 hat 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
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 17th day of July, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4