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HomeMy WebLinkAboutItem 04 - CU04-41 Main Street BluesCC-, ITEM. TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER qj H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES" MEETING DATE: DECEMBER 21, 2004 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU04-41 APPLICANT: Monica Guzman PROPERTY LOCATION AND SIZE: The subject property is located at 814 South Main Street, and is platted as Lot 4D, Lipscomb Daniel Addition. The addition contains 20,406 square feet (.468 acres). The property has approximately 106 feet of frontage along South Main Street and 128 feet of frontage along Dallas Road. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the approved site plan of CU01-65 (Ord. Number 01-98) for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed drinks) in coniunction with a restaurant/lounge facility. PRESENT ZONING AND USE: The property is currently zoned "CBD" Central Business District and was originally developed as an artisan studio/foundry. Three buildings (Buildings A, B, and C as shown on the site plan) are located on site with several retail businesses operating within Buildings B and C. The proposed restaurant will occupy Building A in its entirety. 0:\ZCU\CU01-41.4 q December 13, 2004 (11:53AM) • • •UA" l • • • . ! • ! The subject and surrounding property was rezoned from '14' Limited Industrial District to "LI" Light Industrial District during the 1984 City Rezoning. The property to the south of Dallas Road was rezoned from "C-2" Community Business District and '14' Limited Industrial District to "PO" Professional Office District during the 1984 City Rezoning. At the November 17, 1998 joint public hearing Council approved a rezoning of this site from "LI" Light Industrial District to "CBD" Central Business District (Z98-24; Ord. 98-136) and a conditional use permit (CU98-58; Ord. 98-147) for an artisan studio. The Board of Zoning Adjustment approved at their December 7, 1998 public hearing (BZA98-40) a total variance to the 70 percent masonry requirement in the "CBD" Central Business District on this site thus allowing the metal buildings to exist as developed. At the April 6, 1999 meeting a conditional use permit was granted (CU99-19) for a winery with on- and off -premise consumption of alcoholic beverages (wine only). A conditional use permit (CU01-65) for a restaurant with on -premise alcoholic beverage consumption called "The Venue" was approved by Council at their December 18, 2001 meeting on the subject property however the restaurant closed shortly thereafter. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "LI" Light Industrial District—Tarantula Train parking lot SOUTH: "PO" Professional Office District—International Supply Company EAST: "LI" Light Industrial District—Security Manufacturing Corporation WEST: "Ll" Light Industrial District—Aircraft Interior Components The subject tract 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 proposed restaurant is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as an Industrial Land Use. The proposed restaurant is in compliance with the Master Plan. 0:1ZCU1CU01-41.4 2 December 13, 2004 (11:53AM) THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Dallas Road and South Main Street as Type C, Minor Arterials with a minimum 80 -foot right-of-way developed as 4 lanes with a center left turn lane. /rs OAZWCU04-414 3 Der -ember 13, 2004 (11:53AM) 1 inch equals 200 feet • w unv A t► ....... VIS Per ............. T E X A S CITY OF GRAPEVINE. CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/ agent: p #V/ 4 -cls- oil Street address of applicant / ent: c=ist W City / State Code ofappllicant/agent!� ��/Z' : Telephone number of applicant/ agent Fax number of applicant / agent: 7 - -74;8 - 8 Applicant's interest in pt ject property. ��A-s✓ 1L PART 2. PROPERTY INFORMATION Street address of subject property 8% .5: k4 ;44 5.1 -- Legal description of subject property (metes &bounds must be described on 1 ' x 11 " sheet) ' sr! p fi `/� /,Pr c 0 14,L4 �i1 ✓! .5 a /cam% Size of subject property c .�- to :�� �(3 .L 2 --square footae 'r/• �� Acres oZ�i Present zoning classification: Proposed use of the prope 14e5-IJO 0- a D A Minimum /maximum district size for conditional use request: Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner. JessJ41� �' Street address of property owner. !aa� t3efl#4-/r_L� D� . City/State! ip Code of property owner. .-- Telephone number of property owner. Fax number of property owner. 0 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) O 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. 0 Application of site plan approval (Section 47, see attached Form B' . I ❑ n1a site plan submission sna0 meet the requirements or J@cuon 4/ odeyldfi rceyurrvrrrari[b. Pork-3�'� I NOV 0 9 2004 Q Alf 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. '1 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. -J 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. Q 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 EST SIGN ON THE SUBJECT PROPERTY Q Alt LL 4 �- Print Applicant's Name: The State Of _ County Of C"01 Before Me �r,r tv k e . �j �� t `eX- on this day personally appeared Y*D n VC�L ' Z �- ►1 (notary) U (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 oli+ce. this *0""IP,HARRIETTE SIEGENTHALER Notary Public, State of Texas MyCommission Expires May 14,2005 ' day of (1)al ,r.U t,, 11 _ A.D. aG q. Notary in And For State C � � Print Property Owners jName, Property Q ner's Signature: The State County Of rA „ Before Me on this day personally appeared .0-14-4 rn - ,. nota �� (PropertY owner) known to me (or proved to me on the th of card or other dc)cument) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same far the purposes and consideration therein expressed. (Seal) Given under my hand and seal of otBce this day of C'-� �s�Le� A. D. 4 HARRIETTE SIEGENTHALER Notary Public, state of Texas My Commission ExplNotary tnAnd or State res May 14, 2005 ACKNOWLEDGEMENT Per ............. 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 f conditional use or special use permit and acknowledge that all requirements of thr application have been met at the time of submittal Signature of Applicant Date: Signature of Owner Date: ✓c' J4✓ ;2 o ° rVt OL; N 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 CU04-41 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-98 FOR 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 "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 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. CU04-41 to amend the site plan approved by Ordinance No. 2001-98 to allow 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 "CBD" Central Business District within the following described property: Lot 4D, Lipscomb -Daniel Addition (814 South Main Street) 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. ORD. NO. 3 1 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. 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 December, 2004. ATTEST: ORD. NO. 4 , Conditional Use Request CU04-4iisurequest hoamend the \ `. previously approved siteplan ofCUO1465(Ord. O1'08)for the ,oo . C, +G Possession, storage, retail sale and on -premise consumption of \ \ alcoholic beverages (bner.wine, and mixed beverages) in conjunction with arestaurant/lounge facility. ---Y'' \ i / ��]� ! { | | U The entire site isthe premise. | pAL All 150 1 LD G I WIN - 14 � ' �'rw Tie R' 19 "Fe 814 S. MAIN STREET, BUILDING A GRAPEVINE, TEXAS 76051 ^ . � IT �— / a Conditional Use Request CU04-41 is a request to amend the previously approved site plan of CU01-65 (Ord. 01-98) for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant/lounge facility. The entire site is the premise. -- A:iGh Rr�t� U E j AFEA i 1 60--re4MPT�1J S�_-iLPTaizE 6nRpEfA PNv> p w FriwFlw- 1. Condi'b' We Request 0001-653s•a request 6 allow the possessim, storage, retail sale, and on -premise consumption...' of alcoholic beverages (beer, wine, and mixed drinks) in conjunction. with a restaUrant,(Building 2: Parking -Plan 5p01-02 was approved.by the Planning & -- Zoning Commisslon'ate N thovember•20,-2001'meeting.. - which allowed the use of the Clty.parking lot on ballasRoad <approxlmately350-feet west for.oveA parking when :. _s necessary: 36 ° cl-bN n t0k[- I -+IL �6"GP,V n 4"F r -^l L �alLPir>6 � 11, I U( CAT7oN V �" :x,. ,814 5 Lot 41 1.MAYOR': f)ATF i i PK 7f -Y .-.... -_ ,_ 1 �, ��'••'x'] rLA - Rr�t� U E j AFEA i 1 60--re4MPT�1J S�_-iLPTaizE 6nRpEfA PNv> p w FriwFlw- 1. Condi'b' We Request 0001-653s•a request 6 allow the possessim, storage, retail sale, and on -premise consumption...' of alcoholic beverages (beer, wine, and mixed drinks) in conjunction. with a restaUrant,(Building 2: Parking -Plan 5p01-02 was approved.by the Planning & -- Zoning Commisslon'ate N thovember•20,-2001'meeting.. - which allowed the use of the Clty.parking lot on ballasRoad <approxlmately350-feet west for.oveA parking when :. _s necessary: 36 ° cl-bN n t0k[- I -+IL �6"GP,V n 4"F r -^l L �alLPir>6 � 11, I U( CAT7oN V �" :x,. ,814 5 Lot 41 1.MAYOR': f)ATF i i TGTI55L t z --rn &P�F^ LI wl— wl ZE e,LIL_L,)lne tl,--Gc-�UT-f EL EV P-,J'l �Plne A �4 L -I _:---- I ­_ " I . .. 1 11 1 wincrw pl r6 P\ - V\/ �T a r) HO�-TH -La �3U li-c)no V, Fl M., Mixrp 12