HomeMy WebLinkAboutItem 05 - CU09-42 Pappasito's Cantina CC/ ITEM # al /
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION (�
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: DECEMBER 15, 2009
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU09-42 PAPPASITO'S
CANTINA/DFW INTERNATIONAL AIRPORT
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APPLICANT: Marlene Mouchette/National Pizza
-41 �' IH.635 Restaurants Inc.
Northwest
�oods� .■
04.5.; 1111 ;,
\ca E'er
PROPERTY LOCATION AND SIZE:
S DFW
Hall-Johnson 4'' Airport
The subject property is located at 1000 International
T----12 _ _ Parkway, Terminal "A" between Columns 93 - 98.
° Glade Rd. �, I
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow the possession, storage, retail
sale, and on-premise consumption of alcoholic beverages (beer, wine, and mixed
beverages) in conjunction with a restaurant.
The applicant is requesting on-premise alcohol beverage sales and consumption for a
Pappasito's Cantina restaurant and bar located between columns 93-98 in Terminal "A".
The previous tenant at this location was Duty Free Stores.
PRESENT USE:
The property is currently developed as the Dallas/Fort Worth International Airport.
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GM' VINE
T E Z A S •
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Name of applicant/agent:/company/contact
A/16177/44*-- P/z7'9 X- s/ /-62n,% /Avc
Street address of applicant/agent:
/393 14' 7
City/State/Zip Code of applicant/agent:
Telephone number of applicant/agent: Fax number of applicant/agent
7r 6/6 �i Sig
Email address of applicant/agent Mobile phone number of applicant/agent T
Applicant's interest in subject property:
PART 2. PROPERTY INFORMATION
Street address of subject property
A C,4-, elf/ ./1I/7L yet, / 11 y /�. '/7iiJ, L /7 e
Legal description of subject property(metes&bounds must be described on 8 1/2"x 1 sheet)
Lot Block Addition
Size of subject property
f
A-111,t e r 1.oL 9 r i02, Acres Square footage
Present zoning classification: Proposed use of the property:
9-7,1A6 e 99 NT 66477/7/V ),' fV"
Minimum/maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
n/ /9-/ ,q-,e,7-- /4-4/46.c. S<<2 , s7 Uiceit?Ar/
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner:
/9/4,‘,6/,e7-
Street address of perty owner:
l AoPcx 6/9/74,2g
City/State/Zip Code of property owner:
/)' 4//v.),- 7-- 77"x,-r 7s c /-- 9 471 d`
Telephone number of property owner: Fax number of property owner:
GI/ 72•973 yg/5 G 97�� 9' fib/7 97-2- 57 - . 7 U
pi3GZ.-u-,'7 - cl704✓ ifA- ;r-7*, 6 Cr7-7
f 7�� 1/4)/'V/ (n%c,-'r e ({)/v7-79 c%) OCT 2 8 2009
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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 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 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 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.
❑ 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 REP EST 'ND PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
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Print Applicant's Name: •plica Signatu L
The State of /E EX'/4
County Of /7/3I R!
Before Me A14214 ///441 rr GuGHi-/TL- on this day personally appeared G- J //r hf/l£1
\' /0 ) (applicant)
known file..(o,' rov-d tare'.�t oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and
ackno0e8Ped tno me I:t I-exe4chhe same for the purposes and consideration therein expressed.
4 /`.� day of 1:-/67- C/ ,A.D. 7 .
(Seal)tiveri under �, d�iid seal�`office this y
/ Qri t�ti"`� %d-i4e.-c-..-ilee)ae-ti:4---- 27L7-.
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rnp„„uun10+10 p�� Notary In And For State Of Texas
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Print Property Owners Name: ! 'Po r ignat'Tr.F '
The State Of -T - -QS
County Of "To-r-
f�o-r r Cu TV
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Before Me l_.0-CA`\C C�,e-n-C•C on this day personally appeared -Len 0 I Q 0&rr,i V o e It
(notary) (property 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/ U
purposes and consideration therein expressed.
(Seal)Given under my hand and seal of office this \q day of C Voex ,A.D. 3009 .
�`O'°' _ CECILIA GENTRY 1
``=o,•PRY P yB lt,L
c Notary Public,State of Texas (.11212.A. ��
"s N;• ! My Commission Expires Notary In And For State Of Texas U
'„�3„t'� February 26,2010
OCT 2 8 2009
V
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 a he ti a of submittal.
11)/
Signature of Applicant
/
Date: /0' 15 '01
Signature of Owner 4A/1,0 l
Date: l o 119 /D1
CV 8 2009
PAUBAS
( RESTAURANTS) •
A R C H I T E C T U R E
13939 N.W. Freeway, Houston. Texas 77040
Ph 713.869.0151 Fax 713.869.2966
g 2009
December 8, 2009
To Whom It May Concern:
National Pizza Restaurants, Inc., owners of Pappasitos Cantina, would like to make application for
a Conditional Use Permit tor allowing the sale, storage and on-premise consumption of alcoholic
beverages (beer, wine and mixed beverages) in the proposed full service location within the
Dallas Fort Worth Airport, Terminal A, Columns 93-98 . The entire site is the premise.
Thank yo9.for your consideration.
Marlene Mouchette
Pappas Restaurants, Inc.
Licensing and Development
713-869-0151
mmouchette@ pappas.com
•
PAPPASITO S CANTINA•PAPPAS BROS STEAKHOUSE • PAPPAS SEAFOOD HOUSE • PAPPAS BURGER
PAPPAS BAR-B-0•C & H STEAK COMPANY •PAPPADEAUX SEAFOOD KITCHEN•PAPPAS PIZZA•
YIA VIA MARY S GREEK KITCHEN
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, 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 CU09-42 FOR THE POSSESSION, STORAGE,
RETAIL SALE AND ON-PREMISE CONSUMPTION OF
ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED
BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN
A DISTRICT ZONED "GU" GOVERNMENT USE 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 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
ORD. NO. 2
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 No. CU09-42 for the possession, storage, retail sale
and on-premise consumption of alcoholic beverages (beer,wine and mixed beverages)in
conjunction with a restaurant (Pappasitos Cantina), in a district zoned "GU" Government
Use District within the following described property: Terminal A, Columns 93-98 (1000
International Parkway, Dallas/Fort Worth International Airport)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.
ORD. NO. 3
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 15th day of December, 2009.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
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