HomeMy WebLinkAboutItem 09 - CU14-20 Angels' Attic TO: 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 11
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Grapevine
ooze Lake APPLICANT: Angels' Attic— Phillip Bressinck
L H.1635
Northwest
PROPERTY LOCATION AND SIZE:
The subject property is located at 1639 West
Northwest Highway, and is platted as Lot 1, Block 1,
d, Airpo DFWrt
Northwest Plaza Addition.
I
Hall-Johnson
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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 CU1 1-32 to expand Angels' Attic into a separate 1,400 square foot
suite within the same complex.
0AZCL1\CU14-20.4 May 14,2014 8:47AM
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
AIRPORT IMPACT:
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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QAP V 11�E
tT E X A S
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/agent:Jcompany/contact
Street address of applicant/agent:
W Nop-nov C--5 f e r#
City/State/Zip Code of applicant/agent:
Telephone number of applicant/agent: Fax number of applicant/agent
1 J
Email address of applicant/agent Mobile phone number of applicant/agent
PART 2. PROPERTY INFORMATION C
Street address of subject property
Legal description of subject property(metes&bounds must be described
/0one 8 1/2"x 11"sheet)
Lot Block Addition f 0
Size of subject property
Acres Square footage
Present zoning classification: Proposed use of the property:
Circle yes or no,if applies to this application
Outdoor speakers Yes t&
Minimum/maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner: TA
Street address of property owner.•
;�- *64&AA) BA P-r- V1 t i!!
City/State/Zip Code of propert er:
7 � � s
Telephone number of property owner. �2 Fax number of property owner:
19V
❑ 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 Sign ure
The State oft' 0
County Of
rran
Before Me&d1/— YtY Z. on this day personally appeared
(notary) (applicant)
% till it
knowlkd Gtge''to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acid �he executed the same for the purposes and consideration therein expressed.
e d m� ®nd seal of office this day of A.D.6�0✓
��® co
® "re of
EXP�P;�S®° lb®♦® No y i An ate Of Texa
OS-29�T mm♦
Print PropertytrOwners Name: Property Owner's nat re:
The State Of 1
County Of
Before Me_ 0� a -L on this day personally appeared
—� (notary)
(grope 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
acknov( bb1 fd JVF1hat he executed the same for the purposes and consideration therein expressed.
kETTE j9 -,f
d and seal of office this day of A.D. O I
� � CO °'
Notary In And For State 6f47,E of
exa
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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 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.
I 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 Owner
F777-7, rp�nnn rF F---�
Date:
`7 U
15
APR 14 24 0
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CU,
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 1
Phillip Bressinck
Board Member
"14
y
ORDINANCE NO. C u 14-
A.AJFE� t ,9,r i tc
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 CU14-20 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2009-52 FOR RETAIL SALES OF SECONDHAND GOODS IN
A STORE EXCEEDING 3,000 SQUARE FEET 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 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, 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 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.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
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DATE ISSUED: 4/II/14
DATE ISSUED! 4/25/14
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LEASE AREA CALCULATIONS Q
° - ---- EXISTING AREA-1655=5,"IO6
°EX€5'RNG I j EXISTING AREA-165T 2,I'D
' r NEW AREA-1639 2g40 Q
TOTAL.AREA S,"!56 a- I,--
n j ANGEL'S ATTIC CONDITIONAL USE REQUEST 1— to
RE_A_L AREA Lll X
CONDITIONAL USE REQUEST GUI4-20 IS A REQUEST TO AMEND THE
PREVIOUSLY APPROVED 51TE PLAN OF 5PRC CUII-5q GU09-56(ORD.09-52).
SPECIFICALLY TO ALLOW FOR RETAIL SALES OF SECONDHAND 600D5 IN AN LIA
{ i = ENCLOSED BUILDING WHERE THE 51Z'c OF THE SPADE
EXCEEDS 3,000 SOJARE FEET IN AREA. A
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CASE NAME: ANGELS'ATTIC Z Q
CASE ION; :GU 14-20 p
Ej I LOCATION: —
I ANGLES ATnC' ANCCES AT€3C NORTIiWEST PLAZA ADDITION ~
VACANT LEASE SPACE - OH LOOK.. ATER OH LOOK THEATER EXISTING I EASE SPACE I EX€577NG TEASE SP�3CE 1639 CITY OF GRAPEVINE
f. 11162q,
1 2q 78 [ iS33 �635 IT6S'1 O5 ANGELS ATTIC 1625 W.NW.HWY. Cl
NEW LEASE SPADE
- � TOTAL AREA TOTAL AREA 2g40 50.FT.TH15 5 GE 0
I 3,70 S.F. 2,110 S.F. �� DATE:
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3
- I I PLANING 8 ZONING COMMISSION
l ______ _ ________?� SHEET I OF I
i I ii APPROVAL DOES NOT AUTHORIZE ANY WORK
N CONFLICT WITH ANY CODES OR ORDINANCES -
DEPARTMENT OF DEVELOPEMENT SERVICES
So
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28'-I" _ c d a
34'-7.1^t (EASTNG LEASE SPACE) . (EXIS7€NG I.EAS's_SPACE)
(EXISTING ANGLES A-MC LEASE AREA)
NEW AREA- 163q - _ R Ez
AS BUILT FLOOR PLAN-ANGELS'ATTIC `3«�
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NOTES DRAWING MADE USING DIMENSIONS AND DETAILS PROVIDED BY OTHERS. W n o N o N a a
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THIS DOCUMENT 15 FOR INTERIM
REVIEW ONLY AND 15 NOT INTENDED oa<�aw
TO BE U5ED FOR CONSTRUCTION, - -
BIDDING OR FERMITING PURP05E5
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