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Home My WebLink AboutORD 2008-003FROM: ALBERT L. TRIPLETT, JR, PLANNER 11 DATE: MARCH 7, 2018 SUBJECT: CONDITIONAL USE REQUEST CU18-06; LOT E, TOWNE CENTER ADDITION V Staff recommends the Site Plan Review Committee consider the proposed changes to Conditional Use Request CU07-34 (Ord. 2008-03) approved at the January 15, 2008 meeting to amend the previously approved site plan to allow the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed drinks) in conjunction with a restaurant, specifically to revise the floor plan and add square footage to an existing restaurant, and take any other action necessary. BACKGROUND INFORMATION Conditional Use Permit CU01-45 (Ord. 2001-75) was approved at the September 21, 2001 meeting to establish Caramba's Grill on the subject site of the former Esparza's Too restaurant. The City Council on October 21, 2003 approved Conditional Use Permit CU03-35 (Ord. 2004-63) to allow for an expansion of the existing restaurant and provide a take-out counter for Baja Mexican Grill. Conditional Use Permit CU07-34 (Ord. 2008- 03) was approved at the January 15, 2008 meeting to allow for an expansion and outdoor dining for the existing restaurant. With this request the applicant proposes an expansion and minor floor plan changes. The applicant operates El Taco in an approximate 532 -square foot space directly adjacent to the approximately 4,268 -square foot Baja Mexican Grill. The applicant is proposing to combine the two restaurants into one restaurant of approximately 4,800 square foot, including the 532 -square foot expansion area. The combined seating area will allow for eight additional seats, 154 -seats existing; 162 -seats proposed. Floor plan modifications include lowering and partially removing an existing partition located between the existing restaurants and relocating an existing bar. The revised layout will seat 162 patrons; requiring 30 -parking spaces; 84 parking spaces are provided. No additional changes to the site are proposed. /at 0AZCU\CU18-06.4sprc res —T PARCEL'D, T CENTER ADDITION (Vol.388-135, Pg.2, D.R.T.C.D.] N 35"20'47" E 123,93' 1 2 S ACES NR STER ENCLOSURE DI WITH CON ,BILLED STL. BOLLARDS AS SHOWN K (W. T QED 11 Et ------------ -3 STORAGE SERVICE COOLER W1 C rCONC.VVALK ----------- ()VW -------- DISHWASH 1 CHIROPRACTIC BAJA KITCHEN (EXISTING� (2097 sf) :1D 4!H PARTITION OVE EXIST. PARTITION 00 0,020 1(p C% 60 0 Cn 8-0 IT- Ill 1127" ELEGANT NAILS U BAR KITCHEN (EXISTING)`\ \ � 0 (1320 sf) Cn : rE' D 0 WONIEN SUBWAY 0 (EXIS-ITNG) BCC - OLYMPIC r ice i r: (1414 sf) Vol. 8265 Pg. 2239 D.R.T.C.T. STC MEXICAN GRILL M, !�,n cbOLE41 LIQ) R z W M Mo STOR SA INC. 0 hlg Ale sti GLOI FFICES Approx. 4800 PP Approx. 868 S.F. 69f-011 HRBLOCK IE I ELEC. 'I - IE � �] I 1 1, (1932 sf) METER MEN DENUNG BOXES_1 SITE DATA ZONING: COMMUNITY COMMERCIAL 15 SiPACI LOT AREA: 55,3324 S.F. - 1.270 AC. BUILDING AREA: 15,971 S.F. PARKING: CHIROPRACTIC -1 MEDICAL 915 @ 1:150 = 6 6 SPACES ELEGANT NAILS PERSONAL SERVICE 545 @ 1:200 = 2.7 3 SPACES SUBWAY RESTAURANT Indoor Seating 135 @ 1: l5net = 9 9 SPACES Kitchen 240 @ 1:200 =1 I SPACES HR BLOCK OFFICE 1,080 @ 1:300 = 3.6 4 SPACES PEACE BURGER RESTAURANT Indoor Seating 256 @ 1: l5net =17 17 SPACES Bar Seating 45@1:15net= 3 3 SPACES Kitchen 400 @ 1:200 = 2 2 SPACES 338 sl 1:300 =1. T GLOISA, INC 2 SPACES OFFICE 557 @ 8 CHIROPRACTIC -2 \\ PEACE MEDICAL 4 SPACES L WA 647 @ 1:150 4 A ENTRY OFFICE METERS\, BURGER GRILL DR41NGBAJA MEX (EXISTING) 6 n GREASE 2,315 SQ. FT. tp I . RESTAURANT P 701 16 SPACES GAS 3 SPACES _71 E � Ui 'IF I TRAP Indoor Seating 728 @ 1: 1 Snet 48.5/3 \\ !LL --i I L� 1 :1 U -11 1 1 i - I_ :1 i aRl' � �] F! _J I __E3 Outdoor Seating 8 Seats @ 1:3 Seats = 3 ------ ---D] IEF Bar Seating 72 @ 1: 1 5net = 4.8 5 SPACES ST- R3 FL -31 H31 A tKitchen 1,092 @ 1:200 5.5 6 SPACES 71P 8f- '�>\'(>J 00000 TOTAL 81 SPACES 01 -CL A,#-- 0; 0L Rag 0 ------ REQUIRED ACCESS.: 4SPACES r1 fA_G 1 1170,010 , I r pprox 8 0 SAGLOISA, PROVIDED: STANDARD 80 SPACES IT IC TD U6 ACCESS. 4SPACES OFFICES FLOOR PLAN M TO SCALE: 1/8" = 1r-011 0� ; - TQ ox. 868 S.F. P S TOTAL 84 SPACES 0pp CLORACTC-2 (FXISTrNG) STORAGE/SERVICE:' 5 (11280 sf) SEATING DISHWASH 1EHi BAJA MEX GRILL EL TACO AN, — Twhol served) Approx. 4800 s.f z LI OF OVERH (Exis&g-P,posedA 13AJAMTMN I LF�l Current: 162 Seats BJER�VICEI�2iRFEJR . :JEi TACO H WCHIEN DINING EL M M WOMEN 17— TY OF CiCF E PLJ-,,,Pl FlEWE MvINMTTEE I'M Is -7 1_3 N I F_ D, A PPVr'D Crr GRILL U PP r ASPHALT PAVING WO ME Pfto-S'D 01D":'�,J'!,NCE 25'B.L. Lzi Appmx 4900 ST. GLOISA, INC. OFFICES -7 Approx 868 S.F. --------------------------------------------------------- \ ---------- D9 -------------------------------------------------------------------------------- 15'CURB WATER INLET DINING r=IF71 VALVES O, A_ i m \ 22 SPACES FH -c) i - El 338 sl OFFICE DINING— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — --- — — — ---__— —+--------------------- — — -- — — — — -- — — — — — — — — — — — — -- — — — — — — — — — — — — — �T I OUTI LITY EkSEMENT P O)A5/8" I.P.F. Vol. 8-135, Pg. 2, DRTC :)P 0— 1/2" I.P.F. LNMy_J E� I OE--- ' -1 R , W S35020147 255.0' POINT OF BEGINNING I O'CURB CONC. CURB 10° CURB__J a T_ I INLET INLET TO RAST COOF WNE CENTER ADDITION OR PLAN -Previous D. TATE Vol. 388-135, Pg. 2, D.R.T.C.T. Submittal SEATING WILLIAM �O SCALE: 1/16' f = 11-011 BAJA MEX GRILL GLOISA, INC. OFFICES V. TVI.tutiti W AY IN ". ID Approx. 4800 s.f Approx. 868 s.f. (100'R.O.W.) EAST ELEVATION 1/811 = 11-011 rLAN U SCALE: 1 40' YY CONDITIONAL USE REQUEST a) Conditional use request CU 18-06 is a request to amend the previously approved site plan of CU07-334 (Ord. 2008-03) for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages), specifically to revise the floor plan and add square footage in conjunction with a restaurant. b) The entire site is the premises General Notes: • The current land use designation as contained in the Comprehensive Master Plan is Commercial • All requirments of Section. 25, Community Commercial district shall be met • All requirments of Section 56, Off Street Parking Requirements shall be met. • All requirements of Section 60, Sign Standards shall be met. CONTENTS - JOB NO.: 02- 15 SiPACI 17— TY OF CiCF E PLJ-,,,Pl FlEWE MvINMTTEE I'M Is -7 1_3 N I F_ D, A PPVr'D Crr GRILL U PP r ASPHALT PAVING WO ME Pfto-S'D 01D":'�,J'!,NCE 25'B.L. Lzi Appmx 4900 ST. GLOISA, INC. OFFICES -7 Approx 868 S.F. --------------------------------------------------------- \ ---------- D9 -------------------------------------------------------------------------------- 15'CURB WATER INLET DINING r=IF71 VALVES O, A_ i m \ 22 SPACES FH -c) i - El 338 sl OFFICE DINING— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — --- — — — ---__— —+--------------------- — — -- — — — — -- — — — — — — — — — — — — -- — — — — — — — — — — — — — �T I OUTI LITY EkSEMENT P O)A5/8" I.P.F. Vol. 8-135, Pg. 2, DRTC :)P 0— 1/2" I.P.F. LNMy_J E� I OE--- ' -1 R , W S35020147 255.0' POINT OF BEGINNING I O'CURB CONC. CURB 10° CURB__J a T_ I INLET INLET TO RAST COOF WNE CENTER ADDITION OR PLAN -Previous D. TATE Vol. 388-135, Pg. 2, D.R.T.C.T. Submittal SEATING WILLIAM �O SCALE: 1/16' f = 11-011 BAJA MEX GRILL GLOISA, INC. OFFICES V. TVI.tutiti W AY IN ". ID Approx. 4800 s.f Approx. 868 s.f. (100'R.O.W.) EAST ELEVATION 1/811 = 11-011 rLAN U SCALE: 1 40' YY CONDITIONAL USE REQUEST a) Conditional use request CU 18-06 is a request to amend the previously approved site plan of CU07-334 (Ord. 2008-03) for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages), specifically to revise the floor plan and add square footage in conjunction with a restaurant. b) The entire site is the premises General Notes: • The current land use designation as contained in the Comprehensive Master Plan is Commercial • All requirments of Section. 25, Community Commercial district shall be met • All requirments of Section 56, Off Street Parking Requirements shall be met. • All requirements of Section 60, Sign Standards shall be met. CONTENTS - JOB NO.: 02- ORDINANCE NO. 2008-03 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 CU07-34 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE. NO. 2003-63 TO REVISE THE FLOOR PLAN OF AN EXISTING RESTAURANT WITH OUTSIDE DINING IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS 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 other things 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. 2008-03 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 CU07-34 to amend the site plan approved by Ordinance No. 2003- 63 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with an existing restaurant (Baja Mexican Grill), specifically to revise the floor plan by adding additional square footage to the restaurant with outside dining in a district zoned "CC" Community Commercial District Regulations within the following described property: Parcel E, Towne Center Addition (1212 William D. Tate Avenue) 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 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 ORD. NO. 2008-03 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 15th day of January, 2008. APPROVED: William D. Tate Mayor ATTEST: cL�i Lin a Huff City Secretary APPROVED AS TO FORM: 4 Douglas H. Conner, III Assistant City Attorney ORD. NO. 2008-03 4 i '• I' � '7• O d o '.t.. ® i - -_..7 ow tips I :., ., ...\-„....., 7 /Icr---- I - *--r—1 ..I.!'. ..A 1 [411.l \ F I .I I // /'.� ,.I_®'. 1:. .'.__ R _... om. II II� /' :a / .•e� •915 : ;a. E! - x __i� a ./ .....": Mill;.. :. ',A,.-. .7;40- .: ::.C21f"..7-77-.: .-. MI. —-- gm IIID o : : ;.� �' ... . I g_,... •.,, ...1r_••. 'a.z., • ••, • .-.• ••• ....,.: • .-: ..• :* - _ I ...4..,.:'' I E fill- -tee I : � : .. I 41. I � :-Au O QI MO A "' MOB 0 •..• ..'' -. ' IN 05 171 e i I ••,..-1: -fi p e ,> ______ _ .7,..7 , Q. , .7 . ,,, ,./.... Z VI \sit...41- 16,1&1, 1 til i I N J e I igi 9I - - - • !! 11 !! a ii @ @LL to •. �r 1 � 'ttpq� z1 trigi • 1 I .,. Eril i ii e •al . ,;: r 11 IRI 1 i an '•'..'4; PARCEL D',TOWNE CENTER ADDITION(Vo1.388-135,Pg.2,D.R.T.C.D.) 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