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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 CU12-26 FUZZY'S TACO
SHOP
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Grapevine APPLICANT: Nick Cartmill
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-� I.H.1636 PROPERTY LOCATION AND SIZE:
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Northwe I
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{°d The subject property is located at the southeast
corner of Grapevine Mills Parkway and Stars and
Stripes Way and is platted as Lot 3R, Block A,
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Airport s I Grapevine Vineyard. The property contains 1.26
Hall-Johnson
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acres and has approximately 255 feet of frontage
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously.approved site
Ian of conditional use re guest CU04-32 Ord. 04-66 fora planned commercial center
specifically to allow the possession, storage, retail sale and on-premise consumption of
alcoholic beverages (beer, wine and mixed beverages), outdoor speakers and outside
dining in conjunction with a restaurant.
The applicant intends to establish a new 3,836-square foot restaurant (Fuzzy's Taco
Shop), including a 636-square foot outdoor patio within an existing 8,704 square foot multi-
tenant building. Two outdoor speakers and two television screens are proposed for the
patio. The restaurant will seat a total of 138 patrons — 94 seats inside and 44 seats
outdoors within the fenced, covered patio. Retail uses and the proposed restaurant on the
subject site requires 75-parking spaces; 60-spaces are provided. The property owner of
the subject site, who also owns the adjacent Lot 4R, proposes obligating 15-surplus
0AZCMCU12-28.4 1 July 12,2012(10:51AM)
parking spaces from Lot 4R for the exclusive use of the subject site. Please see the
attached letter.
PRESENT ZONING AND USE:
The property is currently zoned"CC"Community Commercial District and is developed with
a multi-tenant retail structure.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding properties were rezoned in the 1984 City Rezoning from 1-1"
Light Industrial District to "HCO" Hotel Corporate Office District and "PID" Planned
Industrial Development District. The subject property was rezoned (Z96-08) in June 1996
to "CC" Community Commercial District for a retail shopping development that never
occurred. The property to the west currently occupied by the Grapevine Mills Mall and its
associated outparcel development was rezoned in 1995 to "CC" Community Commercial
District to facilitate the development of the mall. Conditional use request CU04-32 (Ord.
04-66) approved by Council at the October 19, 2004 meeting established a planned
commercial center on the subject site. Conditional use request CU05-05 (Ord. 2005-11)
was considered and partially approved at the February 15, 2005 to allow a restaurant
dance/club (Midnight Rodeo/Hondo's Grill. At the February 23, 2005 meeting of the Site
Plan Review Committee, CU05-05 was approved with revised southern and eastern
elevations. At the August 23, 2006 meeting of the Site Plan Review Committee, CU06-37
approved an expansion of 162-square feet of outdoor dining for an existing Quizno's
restaurant. At the February 28, 2007 meeting of the Site Plan Review Committee, CU07-
07 approved an expansion to a previously approved outdoor dining area from 386-square
feet to approximately 530-square feet. The property to the immediate north has begun
development with the opening of an Ashley's Furniture store, Lazy Boy Furniture Gallery,
Rooms Store and NTB Tire.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District—Ashley Furniture, Lazy Boy
Furniture Gallery, Rooms Store, NTB Tire
SOUTH: "CC" Community Commercial District—Cracker Barrel, State Highway
121, Fellowship Church of Grapevine
EAST: "CC" Community Commercial District--vacant
WEST: "CC" Community Commercial District—Grapevine Mills Mall, Rooms
To Go, Danni Sushi, Chuck-E-Cheese, Chair King
0:IZCUICUI2-26.4 2 July 12,2012(10:51 AM)
AIRPORT IMPACT:
The subject tract is located within "Zone B" Middle Zone of Effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B,
the following uses may be considered only if sound treatment is included in building design:
multi family apartments, motels, office buildings, movie theaters, restaurants, personal and
business services. Single family residential and sound sensitive uses such as schools and
churches should avoid this zone. The applicant's proposal is an appropriate use in this
noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as Commercial land use. The applicant's
proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Grapevine Mills Parkway as a Type A Major Arterial
with a width to be determined by TX DOT, currently developed as six lanes with a turn lane.
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[" -
VINE
T RE CITY GI'GRAPEVINE
?° CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Applicant Name: 04r C (L,�v�t��
Applicant Address: C,.\ Qv\)tEr,4 r�
City/State/Zip �R>\31;Lt.C.Snp-,\
Phone No. c5 V)r WL\-� Fax No.
Email Address -'�' obile Phone
Applicant's interest in subject property
PART 2. PROPERTY INFORMATION
Street Address of subject property [Z-100 P kxz D i
Legal Description: Lot 3(j~ Block Addition � Lv-�s\t, �s
Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet
Size of subject property: acres square footage CAA
Present zoning classification CL
Proposed use of property
Zoning ordinance provision requiring a conditional use —Sav-i.
PART 3. PROPERTY OWNER INFORMATION
Property Owner Q rw)-\,1 0r`4 pA�[ 1L,1S LC
Prop Owner Address
City/State/Zip
Phone No. 1'�°�"1��, , S } Fax No.
❑ 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 shag meet the requirements of Section 47,Site Flan Requirements.
"
J
❑ 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 maybe 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 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
N 0��\
Print Applicant's Name Appli nt's Signature
The State of I K 2kV
County of
Before me (notary)
F)Wc I[AA
Sr n 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 of u& A.D.
TH OMPSON[e: JULLIEA
Notary Public 44
STAGE OF TEXAS Notary In and For State of
R1tr COMM.E%p.Oatobbr 2$,2012
Print Property Owner's Name Property Owner's Signature
The State of
County of
Before me (notary)F 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 of ,A.D.
Notary In and For State of
iI ..
Iw
._,._ W
(JI.)p, (4 " C-�
❑ All conditional use and condi[ional use applications are assumed to be complete when filed and will be placed on the agenda for public hearing
at the dtiscretion of the staff. Based on the size of the agenda,your application may be scheduled to a later date.
Ll 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.
❑ l have read and understand all the requirements as set fwffi 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
Print Applicant's Name Applicant's Signature
The State of Texas
County of Tarrant
Before me (notary) 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 of , A.D.
Notary In and For State of
Rian Maguire �_ w
Print Property Owner's Name Property Own r' ture
The State of Texas
County of Tarrant
Before me (notary) r`�l�l L Q �� �on this day personally appeared (applicant) Rian Maguire
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�t day of n ,A.D.
nmoCicC YiC++�u7J��' '"�"
AM L At.AItIZ
We
STATE OF TEXAS
aF My Comm.6p.0cidw 14,2012 Notary In and For State of 1 n1�i S
t ,
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 heaving 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 Applicant
Date �')A-��,
Signature of Property Owner
r pW
Date
ENGINEERING
June 4,2012
City of Grapevine,
PO Box 95104
Grapevine,TX 76099
Re: Grapevine Vineyard Addition Lots 3R and 4R Conditional Use
Letter
Please let this letter serve as the conditional use letter for the Grapevine
Vineyard Addition Lots 3R and 4R Conditional Use Permit. This
development is proposing a restaurant with an outdoor patio and beer and
wine sales. This development will redevelop the existing facility and add
an established restaurant franchise into the area that will be enjoyable for
the public.
Thank you and please call if you have any comments or need additional
information.
Sincerely,
Matt Moore,P.E.
p"'
Lone Star Pavilion Partners, Ltd. 1223 7u,ANITILIP
ort Y lo it-i., i exas 76 1 W.
June 26, 2012
Mr. Ron Stombaugh
Planning and Development Manager
City Hall
200 South Main Street
'h
Grapevine,TX 76051
Re: Parking for Lot 3R and Lot 4R in the Grapevine Vineyard Addition
Mr. Stombaugh,
Lone Star Pavilion Partners, Ltd. owns both Lot 3R and Lot 4R of the Grapevine Vineyards
Amended Plat. We are aware that Lot 4F,which is 100%leased,has an extra fifteen parking
spaces that are not required for the tenants on that lot. We are also aware that Lot 3R needs
fifteen additional spaces. I have attached an Exhibit 'A' to this letter, showing where these
fifteen spaces are located.
Please see this letter as a written obligation that Lot 4R may no longer include the fifteen spaces
shown on Exhibit 'A' as part of its available parking and that Lot 3R has complete access and
use to those parking spaces. Lot 3R may also obligate those spaces to tenants in its buildings.
Sincerely,
40
Rian A.Maguire
Manager
Lone Star Pavilion Partners, Ltd.
Cc: Chad O'Neal,Manager—via email
Rory Maguire,Manager—via email
Attachment:Exhibit 'A'
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 CU12-26 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2004-66, AS AMENDED, FOR THE POSSESSION,
STORAGE, RETAIL SALE AND ON-PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A
RESTAURANT, OUTSIDE DINING AND OUTSIDE
SPEAKERS, 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 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 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 properlywith 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
ORD. NO. 2
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, an 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:
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 CU12-26 to amend the site plan approved by
Ordinance No. 2004-66, as amended, to allowthe possession, storage, retail sale and on-
premise consumption of alcoholic beverages (beer, wine and mixed beverages) in
conjunction with a restaurant(Fuzzy's Taco Shop), outside speakers and outside dining in
a district zoned "CC" Community Commercial District Regulations within the following
described property: Lot 3R, Block A, Grapevine Vineyard Addition (3100 Grapevine Mills
Parkway #101) 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
ORD. NO. 3
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
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