HomeMy WebLinkAboutItem 03 - CU14-26 Cotton Patch CafeTO: HONORABLE MAYOR, CITY COUNCIL
PLANNING AND ZONING COMMISSION
FROM: • RUMBELOW, CITY MANAGER
SCOTT•' DIRECTORAAW
MEETING DATE: JULY 15, 2014
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU14-26 COTTON PATCH
CAFE
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APPLICANT: Larry Marshall
The subject property is addressed at 129 South Main
Street, #155 and is proposed to be platted as Lot 1,
Block 1, Hazlewood Commercial Building Addition.
The property contains 0.711 acres and has
approximately 321 feet of frontage along South Main
Street, 230 feet of frontage along Jenkins Street, and
147 feet of frontage along East Wall Street.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow the possession, storage, retail
sales, and on -premise consumption of alcoholic beverages (beer, wine and mixed
beverages) in conjunction with a restaurant.
The applicant intends to develop a 3,595 square foot, 117 seat, Cotton Patch Cafe on the
first floor of the new Hazlewood Commercial Building currently under construction at the
northeast corner of North Main Street and Wall Street. Required parking for this proposed
restaurant is 39 spaces; 52 spaces were allocated for restaurant uses as part of the zoning
request approved in February 2013 that rezoned the subject site from "HC" Highway
Commercial District to "CBD" Central Business District. At that same February 2013
meeting, the City Council approved the construction of a new, two story multi -tenant
structure on the subject comprising a total of 39,601 square feet of leasable area.
0AWL1214-26.4 1 July 7, 2014 (3:46PM)
Based on the applicant's approximation of uses within the new structure (15,993 square
feet of retail; 15,813 square feet of office; 7,795 square feet of restaurant) approximately
195 parking spaces are required. Relative to the building layout, there are 15 parking
spaces partially located on site on the eastern side of the building along Jenkins Street;
there are five parallel on -street spaces along the eastern side of Jenkins Street. The
applicant intends to utilize the public parking lot at the northeast corner of Jenkins and Wall
Street which contains 143 spaces. Along with another 109 off-site spaces within the
immediate vicinity of the new structure, there are a total of 272 parking spaces available to
serve the parking needs of the redeveloped site.
The subject property is currently zoned "CBD" Central Business District and is under
development as a two story multi -tenant structure totaling 45,948 square feet.
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The subject property and the surrounding property to the north, south, east, and west was
zoned "C-2" Community Business prior to the 1984 City Rezoning. A small portion of
property to west was also zoned "SP" Specific Use Permit. The property to the east (city
parking lot) was rezoned to "GU" Governmental Use District at Council's June 23, 2008
meeting. At the February 19, 2014 meeting the subject site was rezoned (Z12-11) from
"HC" Highway Commercial District to "CBD" Central Business District for the development
of a two story multi -tenant office/retail building.
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NORTH: "HC" Highway Commercial District—retail sandwich shop (Cero's
Hero's)
SOUTH: "GU" Governmental Use District—city property (Torian log cabin)
EAST: "GU" Governmental Use District—city parking lot
WEST: "CBD" Central Business District and "HC" Highway Commercial
District—multi-tenant retail uses
A portion of the subject property 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.
OAZCU214-26.4 2 July 7, 2014 (3:45PM)
The Master Plan designates the subject property as a Commercial land use. The
applicant's request not compliance with the Master Plan however, in the future a Master
Plan amendment will bring the rezoning request into compliance.
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0:\ZCU\Z14-26.4 3 July 7, 2014 (3:45PM)
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CaU014-26
uotton Patch
Cafe
This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were
used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is
given or implied as to the accuracy of
said data.
PART 1. PPLIC
Applicant Name:
Applicant Address: 600 DAtLoe, aokof 5urcs 3oo
City/State/Zip Inca, t
Phone No. ( Fax No.
Email Address Mobile Phone F-itLi . "1 4
Applicant's interest in subject property eco i Oi f OF COTTOA6H
Street Address of subject property 15 &,A i
Legal Description: Lot Block I Addition +iAZt- -
C f4Z.C- I A 6. I w6- pi
Legal description of subject property (metes & bounds must be described on 8 1/2" x 11" sheet
Size of subject property: acres 11 square footage 30 q F
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Circle yes or no, if applies to this application:
Present zoning classification Outdoor speakers Yes No
Proposed use of propertyF, e �r
Zoning ordinance provision requiring a conditional use IN A SSI 5 0I51c-r
PART 3. PROPERTY OWNER INFORMATION
Property Owner i wzoue IAT 6116" HAI-Lawwb
Prop Owner Address 1 -1 -ID 0 i/ 5 U c_ oc
City/State/Zip F 69Af0viio, I (v 05
Phone No. F on. 4W.- I4t Fax No. 011.31o. 345-7
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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 val
other property in the neighborhood. Also, describe how the proposed conditional use will add to the value,
in
r
in the neighborhood. ((�S u
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. NA Ly
O$ -
❑ All conditional use and conditional use applications are assumed to be complete when titled 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 maybe 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.
❑ t 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.
ON THE SUBJECT PROPERTY Af
If
ignature
Print Applicant's Name A,Mt�
The State of
County of
Before me (notary) A �i C*,A.L S Lc cA3 on this day personally appeared (applicant)
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(�-� day ofFW;�
A.D.
LL% ADRIENNE SKEELSNotary Public, State of TexasMy Commission ExpiresJune Q4, 2015 Notary In and For State of
s
Print Property Owner's Name Property caner s Signature
The State of (�
County of -I
Before me (notary) on d on this day personally appeared (applicant) urs` r �y p
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 tg day of A.D. LA
`pteuy•..
Y P�/g i TAYLOR HAZLEWO0D Tly
�� Notary Public, State of Texas
rhe My Commission Expires
November 28, 2016 Notary In and For State of
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� MAY 7 2014
a
ACKNOWLEDGEMENT C y 16 —'D CIL,
Tmea • De cofnpWff 7TflUn-IMTnM`wt•-
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eplaced 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.
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
or special use permit and acknowledge that all requirements of this application have been met at V�.r
time of submittal.
Signature of Applicant
Date
Signature of Property Owner
Date F
P � 0 � 8 W
(-LD �1'
MAY 7 814
•0 A •
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 CU 14-26 FOR THE
POSSESSION, STORAGE, RETAIL SALE, AND ON -
PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES IN
CONJUNCTION WITH A RESTAURANT 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
0 41412
610 l7®-A.i M-rd1'g0 E
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. 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 CU 14-26 to allow the possession, storage, retail sale,
and on -premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in
conjunction with a restaurant (Cotton Patch Cafe) in a district zoned "CBD" Central
Business District within the following described property: Lot 1, Block 1, Hazlewood
Commercial Building (129 South Main Street #155) 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 15th day of July, 2014.
WNSKOW"I
ATTEST:
ORD. NO. 4
NOSSITE PLAN
SCALE:1/4"= V-0"
CONDITIONAL USE REQUEST CU14-26 IS A REQUEST TO ALLOW THE POSSESSION, STORAGE, RETAIL SALES, AND
ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A
RESTAURANT. THE ENTIRE SITE IS THE PREMISE.
LOT SIZE: 30,992 S.F.
IMPERVIOUS AREA: 100%
BUILDING SQUARE FOOTAGE:
FIRST FLOOR: 22,315 S.F.
SECOND FLOOR: 23,633 S.F.
TOTAL: 45,948 S.F.
AREA OF USE:
RETAIL: 15,993 GLA
OFFICE: 15,813 GLA
RESTAURANT: 7,795 GLA
CBD REQUIRED PARKING FOR BUILDING USE:
RETAIL: 85 SPACES (5 + 1 PER 200 GLA)
OFFICE: 58 SPACES (5 + 1 PER 300 GLA)
RESTAURANT: 52 SPACES (1 PER 150 GLA)
TOTAL REQUIRED: 195 SPACES
TOTAL PROVIDED: 20 NEW STREET SPACES
143 EXISTING ADJACENT CITY LOT SPACES
109 EXISTING SURROUNDING SPACES WITH 30OFT RADIUS
272 TOTAL SPACES PROVIDED
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JOB NUMBER
13.398
SITE
PLAN
SHEET NUMBER
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CASE NAME: COTTON PATCH CAFE
CASE NUMBER: CU14-26
LOCATION: 129 SOUTH MAIN STREET #155
LOT 1, BLOCK 1, HAZLEWOOD COMMERCIAL BUILDING
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
NORTH
CHAIRMAN
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PARKINGi
DATE:
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APPROVAL DOES NOT AUTHORIZE ANY
WORK IN CONFLICT WITH ANY CODES OR
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
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JOB NUMBER
13.398
SITE
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SHEET NUMBER
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CASE NAME: COTTON PATCH CAFE
CASE NUMBER: CU14-26
LOCATION: 129 SOUTH MAIN STREET 11155
LOT 1, BLOCK 1, HAZLEWOOD COMMERCIAL BUILDING
MAYOR SECRETARY
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: 2 OF 2
APPROVAL DOES NOT AUTHORIZE ANY
WORK IN CONFLICT WITH ANY CODES OR
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
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]OB NUMBER
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SHEET TITLE
SHEET NUMBER