HomeMy WebLinkAboutItem 05 - CU12-03 Oh Look Performing Arts Center MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: FEBRUARY 21, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU12-03 OH LOOK
PERFORMING ARTS CENTER
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The subject property is located at 1631 West
Northwest Highway, and is platted as Lot 1, Block 1,
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to establish a theatrical center and
classrooms.
The applicant proposes combining two existing suites totaling approximately 2,300-
square feet within an existing shopping center and use the space for performances and
classrooms.
The proposed days of operation include Sunday through Saturday with various hours of
operation for each day. (See attached letter.) During performances, the proposed
seating count of 59 requires 20 parking spaces; 487 spaces are provided to the
shopping center to accommodate 19 existing businesses. Adequate parking exists
throughout the shopping center to accommodate the existing uses and the proposed
use.
o:UCU4CU12-03.4 February 15,2012 10:22AM
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.11-61)
was approved by Council at the November 15, 2011 meeting which allowed for
expansion of a secondhand goods retail store into a 1,400 square foot suite within the
same shopping complex but completely separate from the previously approved suites.
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
EAST: "HC" Highway Commercial—Auto Zone
WEST: "SP" Site Plan—various retail, personal service and office uses
including DFW Realtors, The Nesting Place, Sports Cards. Tan
Depot, Animal Clinic, Maui Nails, Grapevine Guitar Works
AIRPORT IMPACT:
0AZWCU12-03.4 February 15,2012 8:57AM
2
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.
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Ohlook Performing Arts Center
1 inch = 300 feet
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T ' CN 4 S CITY
OFGRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Applicant Name: Elizabeth R.van Amerongen,Board President; Ohlook Performing Arts Center
Applicant Address: 316 S.Barton Street
City/State/Zip Grapevine,TX 76051
Phone No. 817-421-2825 Fax No. 1214-258-9397
Email Address Mobile Phone 682-225-7800
Applicant's interest in subject property As Board President for Ohlook Performing Arts Center,desires to use property for theatrical rft
PART 2. PROPERTY INFORMATION C. n+.w one( GIQSS�S,
Street Address of subject property 1601 W.Northwest Highway,Suite 1631 and 1633;Grapevine,TX 76051
Legal Description: Lot I' Block I' Addition Northwest Plaza.....
Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet
Size of subject property: acres 7.97 square footage
Present zoning classification ICC Community Commercial Distri(
Proposed use of property Community performing arts center with related classes,workshops and productions.
Zoning ordinance provision requiring a conditional use Section 25-CC,Community Commercial District
PART 3. PROPERTY OWNER INFORMATION
Property Owner 1C.Jay Ho,Owner;Interproperty Northwest,LLC
Prop Owner Address 125 Highland Park Village,Ste#100-748,
City/State/Zip Dallas,TX 75205
Phone No. C2114) 354 - 3080 Fax No. ( 59q— z8i6
0 Submit a letter describing the proposed conditional use and note the request on the site plan document
In the same letter,describe or show an the site plan,and conditional requirements or conditions imposed upon the particular conditional use by
applicable district regulations(example:buffer yards, distance between users) �_
Q In the some letter, describe whether the proposed conditional use will,or will not cause substantial h t4�ra lVal e,WW,'PF1Gnjoy ant of
other property in the neighborhood. Also,describe how the proposed conditional use will add to the ;aster�-C&;'off f o property
in the neighborhood. {1
Q Application of site plan approval(Section 47, see attached Form"Bl.
El The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. )
� ,�t14-
El' All conditional use and conditional use applications are assumed to be complete when tiled and will be placed on the agenda r p lic 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.
❑ 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 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
Elizabeth R.van Amerongen
Print Applicant's Name Applieant's Signature
The State of — —
County of �
Before me(notary) Jp✓l n O aeS on this day personally appeared (applicant) ��r•zqhefA R usn), - "
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 0 day of ,A.D.
S,�,rli FLORE:
hlo�ary Public
•+.a,, ,�
n. : STATE OF TEXAS
W Comm.Exp.08.02•i 3
Notary In and For State of ��
Print Property Owner's Name Property Owner's Signature
The State of --T-:�) kfvs;.
County of op,[I PS-5
Before me (notary) 5a-m F t o ez 3 on this day personally appeared (applicant) C W n
known to me or roved to me on the oath of card or other document to be the person whose name is subscribed t�olhe
( P ) P
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal)Given under my hand seal of office this day of� ,A.D. j
Notary Public
Y{ STATE OP TEMS Notary In and For State of `re
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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 riling 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 Applicant
Date
Signature of Property Owner
Date
,Ppy,Y,I II fJ dU
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JAN 0 M e�r1e r�i
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To: The City of Grapevine, Development Services, Planning Divsion
Ohlook Performing Arts Center(OPAC) desires to occupy Suites 1631 and 1633 at
1601 W. Northwest Highway in Grapevine, TX. The space will be designed to have a
theater, which will double as a classroom, with a lobby area and backstage area. There
will be a second, small classroom, in the front, which will double as an off-stage area
during performances.
The space will be used and operated very similarly to the current OPAC business,
which includes classes such as:
• Fairy Tale Adventures, ages 3 - 6, 50 minute class which meets once a week.
• Acting Class, ages 6 and up, 60 minute class which meets once a week.
• Musical Theatre Dance Class, ages 8 and up, 90 minute class which meets once
a week.
• Jr. Masterclass - ages 8 - 13, held once a week for 2 hours.
Sr. Masterclass - ages 11 - 18, held once a week for 2 hours.
• Junior Production Class, ages 4 - 13, meets once a week for 3 hours. This class
culminates in a weekend production for friends and family.
• Production Class, ages 13 - 18, meets once a week for 3 hours. This class
culminates in two weekends of productions for friends and family.
• Private Voice Instruction, all ages, 30-60 minutes per week, each. Artistic
Director, Jill Lord, teaches these classes and typically has approximately 6-10
students. At the end of each semester, there is a voice recital for friends and
family held on either a weekday evening or Sunday evening.
All of the above classes are held 5 pm onwards, weekdays, or on weekends, with
the exception of voice lessons, which occur as early as 4:30 on a weekday;
however they are only with 2 people (one instructor and one student). Ohlook
weekend performances are typically Friday and Saturday evenings at 7:30pm,
plus Saturday and Sunday afternoons at 2:3pm.
Additionally, OPAC produces productions with adult/professional actors, including a
summer TYA program (Theater for Young Audiences) featuring shows such as
"Pinkalicious" and "Dora the Explorer". Finally, OPAC as has combined productions
affording students the opportunity to work with professionals. (Examples of these
productions include "Home for the Holidays", performed at the Palace Theater in 2009
and 2010 and "The Quiltmaker's Gift" performed in Ohlook's Black Box Theater in
2011.)
The presence of Ohlook Performing Arts Center (OPAC) should not cause any injury to
the use and enjoyment of property in the neighborhood, but will enhance the
neighborhood, as well as bring new patrons to the Northwest Plaza shopping center.
As a registered Grapevine business since July 2003, OPAC has provided theatrical
classes and instruction to youth and adults, as well as over 100 theatrical productions
for the cultural enhancement and enjoyment of Grapevine residents. Additionally,
OPAC has patrons from the surrounding communities and, thus, has brought increased
visitors and revenue to many Grapevine businesses.
The Northwest Shopping Plaza currently has 19 businesses and 4 vacant suites.
Ohlook Performing Arts Center is seeking to occupy 2 of the vacant suites. The
standard operating hours for Ohlook are:
Sundays, 1:30pm - 9pm
Mondays - Thursdays, 5pm - 10pm
Fridays, 6:30pm - 11 pm
Saturdays, 11 :00am - 11:00pm
As shown on the attached spreadsheet, Ohlook, the restaurants and the retail stores
are the primary businesses open evenings and weekends. Ohlook's presence is certain
to increase the retail business due to parents spending their time and money while
waiting for students in a class. In addition, it is anticipated patrons attending Ohlook
productions will increase business at the shopping center's restaurants. Ohlook has
already begun to discuss with the restaurants in Northwest Plaza, the possibility of
promoting dinners and lunches in conjunction with a show.
During weekday, daytime hours, there will be negligible, if any, cars parked in the lot
associated with Ohlook. As mentioned above, it is anticipated the Ohlook patrons
utilizing parking spaces at other times of day will often become patrons of the other
businesses, as well.
-v
The existing businesses at Northwest Plaza and their hours of operation are as follows:
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1601 Pearl Chinese Restaurant M-Th: 11a-9:30p; F: 1 la- 10p
Sa. 11:30a- 10p; Su: 11:30a-9:30p
1605 Amore Italian Restaurant M-Th: 11a-9:30p; F: 11a- 10p
Sa: 12p- 10p
1611 Ratliff Chiropractic Healthcare M,W, F: 8a- 12p, 2p-6p
Th: 8a-12p
1615 Nationwide Insurance M-Th: 8:30a-5:30p; F: 8a-5p
1619 Minuteman Press M-F: 9a -6p
1623 Vacant
1629 Angels Too T-Sa: 10a -4p
1631-1633 Proposed-Ohlook Location Details concerning hours of operation, below
1635-1643 Angel's Attic T-Sa: 10a-6p
1639 Grapevine Unity AI-Anon u: 12p- 1 p; 6p-7p; M: 6p-7p
T. 12p- 1 p; W: 7p-8p
Th: 12p- 1 p; 7p-8p; F: 8a-9a
Sa., 12p- 1p
1641 Antique Mall M-Sa: 10a-6p; Su: 12p-5p
1649 Passion Lighting M - F: 8a-6p; Sa: 9a-5p
1651 Beall's Department Store M-Sa: 10a-9p; Su: 12p-6p
1653 Tuesday Morning M -Sa: 10a-9p; Sa: 10a-9p
u: 12p-6p
1655 Dollar General A -F: 8a-9p; Sa -Su: 8a-9p
1659 Maui Nails M: 11 a-6:30; T-F: 10a-6:45p
Sa: 9:30a-6:30p
1661 W Plaza Animal Hospital M. T, Th, F: 8a- 12p, 1:30p -6p
8a- 12p; 1:30p-7p
Sa: 8a-12p
1669 Vacant
1671 SMP Sportscard M -Sa: 11a-6p
1679 Koko Den Flooring - F: 10a-6p; Sa: 11 a-4p
1681 Metrotex Realtors M-F: 8:30a-5p
1689 Grapevine Guitar Works M -Sa: 10a-6p; Su: 12p-5p - - N
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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 PERMIT CU12-03 TO
ALLOW A THEATRICAL CENTER AND CLASSROOMS IN A
DISTRICT ZONED "SP" SITE PLAN 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
ORD. NO. 2
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 CU12-03 to allow a theatrical center and classrooms
(Oh Look Performing Arts Center) in a district zoned "SP" Site Plan District within the
following described property: Lot 1, Block 1, Northwest Plaza Addition (1631 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 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
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
ORD. NO. 3
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 21st day of February, 2012.
APPROVED:
ATTEST:
APPROVED AS TO .
ORD. NO. 4