HomeMy WebLinkAboutItem 03 - CU06-49 Bone Daddy'sC, C', ITM * . 30 4'(�_
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER0-
SCOTT WIL IAA'MS ACTING DEVELOPMENT SERVICES
DIRECTOR //11
MEETING DATE: NOVEMBER 2 , 2006
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU06-49
r— — — — — — — — — — — --
Grapevine
5
Dove ;1 APPLICANT: Dan Holzschuh
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LH. 1635
PROPERTY LOCATION AND SIZE:
I The subject property is located at 1720 William D.
Tate Avenue and is platted as Lot 1, Block 1, Bone
s °po 3 I I
Hall -Johnson Airport Daddy's Addition. The addition contains 1.85 acres
1 ti� �
T___ ro and has approximately 270 feet of frontage along
LJ _ -, I William D. Tate Avenue and 286 feet of frontage
F Glade Rd. c--' along Mustang Drive.
3
REQUESTED CONDITIONAL USE, PLANNED DEVELOPMENT OVERLAY AND
COMMENTS:
The applicant is requesting a conditional use permit to amend the approved site plan of
CU05-59 (Ord. 2005-97) for the possession storage retail sale and on -premise
consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with
a restaurant, specifically to allow a pole sign and a monument sign
The proposed pole and monument signs measure 40 -feet in height, 255 -square feet in
area and seven feet in height, 98 -square feet in area, respectively. The locations of the
proposed signs are the same locations as shown on the approved site plan of CU05-59.
0:1ZCU\CU06-49.4.doc 1 November 10, 2006 (3:38PM)
In addition to the signs, the applicant proposes reconfiguring the landscape plan by adding
two water pools adjacent to the entrance. The water pools will be used in lieu of ground
cover and flat work previously shown on the approved site plan.
PRESENT ZONING AND USE:
The property is currently under construction and is owned by DFW International Airport.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject site is owned by and is a portion of the DFW International Airport. Conditional
use request CU98-10 was approved by Council at their May 5, 1998 meeting which allowed
for a convenience store with off -premise sale of alcoholic beverages (beer and wine only)
and gasoline sales on the property immediately adjacent to the subject site to the
northeast.
Conditional use request CU05-59 (Ord. 2005-97) was approved by. Council at their
December 20, 2005 meeting which allowed for the development of a 8,465 square foot
restaurant (Bone Daddy's) on this site. A key component to that approval was the approval
of a 30% masonry exterior to accommodate the unique exterior elevations.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH:
SOUTH:
EAST:
WEST:
AIRPORT IMPACT:
DFW International Airport property
DFW International Airport property
DFW International Airport property
DFW International Airport property
The subject tract is located within "Zone C" zone of greatest effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone C,
industrial and commercial uses that can tolerate a high level of sound exposure are
appropriate. The applicant's proposal is an appropriate use in this noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Governmental land use. The
applicant's proposal is in compliance with the Master Plan.
0:\ZCU\CU06-49.4.doc 2 November 13, 2006 (12:33PM)
The Master Plan designates the subject property as a Governmental land use. The
applicant's proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates this portion of Mustang Drive as a Type B Major Arterial
with an 80 -foot right-of-way developed as four lanes with a center median.
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0:1ZCU1CU0649.4.doc 3 November 10, 2006 (3:38PM)
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CU06-49
BONE DADDY'S
CUOLQ-u9
GRA VINE
T R A s CITY OF
GRAPEVINE
VIPCONDITIONAL
USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Imse of applicant/ a ent:/company/contact
-P . C�Iti. V k� D ►J
Street address of appll'cant / agent:
ego 5#76c-712un1 C) STS o c�
City / State /Zip Code of applicant/ agent:
bq>1J ► S 0 r--) `t- };, 1 Seo
Telephone number of applicant/ agent:
Fax number of applicant/agent
01-r 23 3 Co319'
Email address of applicanbagent
Mobile phone number of applicant/agent
Applicants interest in subject property.
Sly S
PART 2. PROPERTY INFORMATION
Street address of subject property
1-7 ZO W I a, (A -kA ry -T l9- -r �.
Legal description of subject property (metes & bounds must be described on 8 112"x 11 "sheet)
y' S >A.) LST t PIR -05A
Size of subject property v
Acres O
Square footage
Present zoning classification:
Proposed use of the property.
PS-AEX"_ A- L/ t;, ti l
Minimum /maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
-T—
52 C C
PART 3. PROPERTY OWNER INFORMATION
Name of current propeowner: / n
-D F
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Street address of property owner.,
3 Z o o E PcsT A l r �te' j
City / State / Zip Code of property owner.-
Telephone number of Property neer
Fax number of property ownerme
criS 74(_
O:\ZCU\FORMS\app.cu.doc OCTl 2006
www.d.grapevine.tx.us
Cuoco-49
❑ 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 requirements of Section 47, Site Plan Requirements.
❑ All conditional use and conditional use applications are assumed to be complete when tiled 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.
Cl I 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
Print Applicants Name: �—
The State Of
County Of
Before Me SU' CS n (�)a4e— on this day personally appeared
(notary) (applicant)
known to me (or
acknowledged to
�b
'Seal)
4
oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
the same for the purosMfiones and considetherein expressed.
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roffice this a� day of ►�1SL� , A.D. �M19.
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Print Property Owners Name:
The State Of 7e -x -4-s
Cnuntv Of 7A4!?gN%
if Texas
FW z's�rN
Stu At "F`T
Before Me T C}. Im 1 t l M on this day personally appeared
(notary) (prope 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
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 l day of 6ak4ly A.D.
TIFFINI C. MILLER
Notary Public, State of Texas
My Commission Expires
November 18, 2009
n•l7r"nCnDRfiC%--n A--
,vw.ci.grapevine.tx. us
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OCT 12006
3
ACKNOWLEDGEMENT C u D L9 4 9
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 fc
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
Date: q _..) cl r D
0:\ZCU\F0RMS\app.cu.doc
www.d.grapevineAx.us
0 cT 12006
F
Fii #: CU06-49
B I DADDY'S
WR TTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
TH N 5 PM ON MONDAY, NOVEMBER 20. 2006
As ( Pro er within 200 feet' of the subject tract) or (an interested citizen), I
(app ove) rotest) nd/or (have the following comments)
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Print Warne and Address, or Lot, tock and ubdivision:
Lo
Sign ure: - ane No.)0-61 Z.f
Telephone: (817)410-3155 Fax: (817)410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine h
P.O. Box 95104 4
Grapevine, Texas 76099
C,&D6-49
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 CU06-49 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2005-97 FOR A 40 -FOOT POLE SIGN AND A MONUMENT
SIGN, 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. 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 No. CU06-49 to amend the site plan approved by
Ordinance No. 2005-97 for the possession, storage, retail sale and on -premise
consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with
a restaurant (Bone Daddy's) specifically to allow a 40 -foot pole sign and a monument sign
within the following described property: Lot 1, Block 1, Bone Daddy's Addition (1720
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. 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. 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. 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. 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. 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 November, 2006.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
BONE DADDYS ADDITION, LOT 1, BLOCK 1
ZONING -'PD' PLANNED DEVELOPMENT
SITE CRITERIA
PROVIDED
BUILDING HEIGHT 40' MAX.
30'-9*
LOT AREA 20,000 S.F. MIN.
80,485 S.F.
BUILDING COVERAGE 505 MAX
7.483/.485-g
F.A,R.
8,465/80,485=0.11
IMPERVIOUS AREA 705 MAX.
55,762/80,485=69%
OPEN SPACE 30% MIN.
24.723/80.485=31%
MASONRY 705 MIN.
705
PARKING REWIRED
FOR FOOD k BEVERAGE SERVICE
(1 SPACE/3 PERSONS BASED
ON MAXIMUM OCCUPANCY)
2g8 PERSONS
Total�99 SPACES
PARKING PROVIDED
136 SPACES -
4 HANDICAP SPACES
T AL -140 SPACES
VICINITY MAP
NTS
SRE PUN p1 N
LEGENn
—era-—
EXISTING CONTOUR
40
— PROPOSED CONTOUR
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- EXISTING CURB
BONE DADDY'S ADDITION
- PROPOSED CURB
10 I
- EXISTING WATER UNE
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- EXISTING WATER UNE
1.848 ARCES OF LAND
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- PROPOSED WATER SERVICE UNE
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SITUATED IN 171E
- PRIVATE SANITARY SEWER SERVICE UNE
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- EXISTING STORM SEWER
10'
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- PROPOSED STORM SEWER
CITY OF GIMVIIN& TARRANT COUNTY, TMU
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- SAWCUT
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- PARKING COUNT
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DEVELOPER PREPARED BY
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DFWInlemationcl Airport
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CITY OF GIMVIIN& TARRANT COUNTY, TMU
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Ramwg Case No CU06-49
OWNER
DEVELOPER PREPARED BY
DFWInlemationcl Airport
Bone Dcddys p3, L.P. Brocket-Davis-Drake, inc.
3200 E. A.i,fW Drive
5080 Spectrum Drive 4144 N. Control Expressway
vision:
October 27, 2006
DFW Airport, Texos 75261
' Ite 806W Suite 1100
Addison, Texas 75001 Dcllas, Texos 75204
✓ision:
December 13, 2005
(972) 233-6399 (2t 4) 824-3647
,iSiOD:
November 9, 2005
Fox: (972) 233-1560 Fox: (972) 82<-7066
Contoci: Mike Leptnerwood Con;oct: Goy Barnet, F.E.
,ision:
October 28, 2005
iol Submittal:
October 3, 2005
Sheet 1 of 7
Sccle: 1'=20' Job VC05218
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SITE PLAN
CITY OF GRAPEVINE
APPROVED
SHEET 1 OF 1
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFIICT MTH. ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
APPROVED BY
DATE
SITE CRITERIA
�
ZONING:
LOT In
LOT R SLOCK 1 (80.484 SFJ
BUILDING
S0. FT.
7,534 S.F.
PARKING
-
REQUIRED
TOTAL - __ Spoors
141 Space .-
PARKING
PROVIDED
4 Hoa_p Spaces
I
TOTAL - 144 Spaces
1. CONDITIONAL USE REQUEST CUDS-49 IS A REQUEST TO AMEND
THE PREVIOUSLY APPROVED SITE PLAN FOR THE POSSESSION, 10ON-PREMISE.
STORAGE. RETAIL SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES (BEER, WINE AND MINED BEVERAGES) IN
CONJUNCTION WITH A RESTAURANT, SPECIFICALLY TO ALLOW A
40 -FOOT POLE SIGN AND A MONUMENT SIGN. NO FLASHING
SIGNS, ANIMATED SIGNS, SIGNS NTH MOVING LIGHTS, OR SIGNS
WHICH CREATE THE ILLUSION OF MOVEMENT SHALL BE
PERMITTED. .2].05
rLJ-1 smr
0 S 15 32 IS dwe Ncb NDE. 410
LANDSCAPE PLAN^
BONE DADDY'S
LOT 1• BLOCK C -
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
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DO NOT SCALE DRAWINGS
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DWEN9016-NOTIFY ANCHRECT
OF ANY IMSWANCES PRIOR
TO BEGINNING CONSTRUCTION
NO I REVISION
PROJECT NILK I ER
050510
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NO I REVISION
PROJECT NILK I ER
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