HomeMy WebLinkAboutItem 03 - CU03-13 Wings-n-ThingsTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER */
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES'
MEETING DATE: MAY 20, 2003
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU03-13 WINGS -N -THINGS
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PROPERTY LOCATION AND SIZE:
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The subject property is located at 1208 William D.
Tate Ave., # 110, Parcel E, Towne Center Addition.
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r--- o approximately 255 feet of frontage along William D.
d Glade Rd. — �, —1 _ Tate Avenue.
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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 drinks)
in conjunction with a restaurant.
The applicant is proposing to use the remaining 1,677 square feet of the former Esparza's
Too restaurant for a Wings -N -Things restaurant. The proposed restaurant will seat
approximately 30 guests.
PRESENT ZONING AND USE:
The property is currently zoned "CC", Community Commercial District and is developed
with a shopping center.
0:/ZCU/CU03-13.4 1 May 5, 2003 (3:06PM)
The subject property and the area to the south and west were rezoned from "C-2"
Community Business District to "CC" Community Commercial District during the 1984 City
Rezoning. Several conditional use permits have been approved on this site. CU87-05
(Ord. 87-49) was approved for Elaine's Oven Ready Pizza with alcohol beverage sales.
CU89-05 (Ord. 89-33) was approved for Samir's Restaurant with alcohol beverage sales.
Esparza's Too was approved by Council June 18, 1991 (CU91-11, Ord. 91-38) also with
alcohol beverage sales. CU92-05 (Ord. 92-24) was approved March 24, 1992 for Royal
Cathay Restaurant with alcohol beverage sales. CU98-06 (Ord. No. 98-39) was approved
in March 1998 allowing for the provision of a 20 -foot multi -tenant pole sign on the site.
CU01-14, approved by the Site Plan Review Committee in March 2001, allowed for the
expansion of the bar area in Esparza's Too. CU01-45 was approved in September 2001
for Caramba's Tex-Mex Grill, with alcohol beverage sales, located in 3,000 square feet of
the former Esparza's Too restaurant. The Site Plan Review Committee approved CU02-41
in September 2002 providing for an exterior remodel of the entire shopping center. The
zoning for the areas to the north and east were not changed during the 1984 City
Rezoning. Tate Street Plaza, to the east of the site, is a planned commercial center with
a restaurant with alcoholic beverage sales, an automotive retail service center, and a drive
through restaurant. The Hayley Addition, south of the U.S. Post Office was zoned 1-1"
Light Industrial prior to the 1984 City Rezoning. The Hayley Addition, currently zoned "HC"
Highway Commercial District, is a planned commercial center with a variety of retail uses,
including restaurants with on -premise consumption of alcoholic beverages, and a gas
station with off -premise consumption of alcoholic beverages (beer only).
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District — Grapevine Chinese Buffet
SOUTH: "CC" Community Commercial District — future Joanne's Fabrics Store,
Arby's, Jack -in The -Box, Luby's Cafeteria, and Fina
EAST: "CC" Community Commercial District, "GU" Governmental Use District,
and "HC" Highway Commercial District — Firestone, Silver Fox, U.S.
Post Office, Midas Muffler, Kentucky Fried Chicken
WEST: "CC" Community Commercial District — Vacant
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
0: WWW03-13.4 2 May 5, 2003 (3:06PM)
such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal
is an appropriate use in this noise zone.
The Master Plan designates the subject property as a Commercial land use. This request
is in conformance with the Master Plan.
TIMENOROMB
The Thoroughfare Plan designates William D. Tate Avenue as a Type C Minor Arterial with
a minimum 80 -foot right-of-way developed as four lanes with a center left turn lane.
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CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Mame of applicant / agent:
" . J I C 0 5 A. (- 01'T - E
Street address of applicant / agent:
City / State / Zip Code of applicant / agent:
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Telephone number of applicant /agent: Faz number of applicant /agent:
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Applicant's interest in subject property:
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PART 2. PROPERTY INFORMATION
Street address of subject property
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Legal description of T object property (metes & bounds must bee described on 8 1/2"x 11�" sheet)
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Size of subject property
Acres . Z.7 �L ES S� 3Z4 Square foota e
Present zoning classification:
Proposed use of the property:
Vic,
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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.
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Street addrest of piloperty owner.
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City/ State /Zip Code of property owner.
Telephone nun1ber of property owner. Fax numb;;,ro pperty owner.
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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)
O ina same letter, scribe whetheruse or not cause
ed the tot he value, e,arm useo the value, use, or orenjoyment of othernjoyment property in the
dll,
itional onalrfl
proposed connditional
n the neighborhood. Also, describe ow use will add
property � i9
neighborhood.
❑ Application of site plan approval (Section 47, see attached Form B').
Section 47, Site Plan Requirements, and Section 45.E.
10 The site plan submission shall meet the m2uirements of
Apr 24 03 02:16p
Apr 24 03 06:37a
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DEVELOPMENT SERVICES 8174103018 RECE1 YEb
MAY 2 2003
❑ All conditional use and conditional use applications ate assumed to be complete when filed and mU be placed on the agenda for public heating at
the tflsrae(ion of the staff. Based on the size of the agenda, your applicatfon maybe scheduled to a later date.
All punk hearings will be opened and Testimony given by applicants and interested cftizeray. Pubic hearings may be continued to the next public
heating. public hearings will not be fabled.
❑ Arty changes to a site prep (no matter how minor ormajor) approved with a cond,7fonal use or con&Uonal use permrt can ordy be approved by city
council through the public hearing Process.
O f have mad and understand all (he requirements as set forth by the application for conc6tional use or condittonal use perm
rY and acknowledge that
ail requirements of (his appfication have been met at the time ofsubnriftaL
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
PrtinttAppileanYs Name: ,- Applicanrs Signature:
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The State Of
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on this daypersonafly appe" t �' /5 9!
Befom Me (applicant)
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known to me (or proved to me on ft 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,
(Seat) A35`= d,4+1 3�t �t4fS? S day of (7111j 'A.D. 1
o�RY YUGr,' SHIRT P. MEYER
Notary, i:,; :: Texas ! %�
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Print Property owners Name: er s Signature:
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The State Of
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BefomMe t'ne�tssCt l�erna� e -z.... on this day personally appeared f4S (proparmerty owner])
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known to me (or proved to me on the oath of carni or other document) to be the person whose name is Subscribed to the foregoing instrument and
acknowledged to me that he executed the same forthe purposes and consideration therein expressed,
(Seat) Given under my h nd oi(i , A.D. .
Notary Public, State of Texas l
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WINGS -N -THINGS
RECEIVE
MAY 2 2003
April 25, 2003 PLANNING
City of Grapevine
Grapevine, Texas 76099
Re: Case No. CU03-13, Wings -N -Things
To whom it may concern:
Wings -N -Things is proposing to open a restaurant located at 1208 William D. Tate
Avenue, No. 110, Grapevine, Texas. We will sell chicken wings, hamburgers and
other food items at this location. In addition, we will serve alcoholic beverages in
accordance with the laws of the State of Texas, as well as in conformity with all city
and county ordinances. Our proposed store hours are Monday through Sunday, 11
AM until 10 PM. Alcohol sales would be Monday through Saturday, 12pm until
l OPM and on Sunday from 1 PM until 10 PM.
If any additional information is required, please do not hesitate to contact the
undersigned.
Regards,
Nicholas A. Emmitte
President, Nick's Chicks, LLC d/b/a Wings -N -Things
Case No.: CU03-13
Case Name: Wings -N -Things
Case Address: 1208 William D. Tate Ave., #110
Lot/Block, Addition: Parcel E, Towne Center Addition
Sheet _ of _
1208 William D. Tate Avenue, Suite 110, Grapevine, Texas 76051 * 972.998-6767
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 CU03-13 TO ALLOW 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 "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 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
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 CU03-13 to allow the possession, storage, retail sale
and on -premise consumption of alcoholic beverages, (beer, wine and mixed beverages)
in conjunction with a restaurant (Wings -N -Things) in a district zoned "CC" Community
Commercial District Regulations within the following described property: Parcel E, Towne
Center Addition (1208 William D. Tate Avenue, # 110) 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 safety 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
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 20th day of May, 2003.
ATTEST:
ORD, NO. 4
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(SCC'I.)PANCY Lf_rAD DATA
Total Square Footage - 1692
Dining Area - 900
Occupancy Load - 60
Parking Spaces Required - 20
SITE PLAN
PARCEL E, TOWNS CENTER ADDITION
1.27 ACRE
AN ADDITION TO THE CITY OF GRAPEVINE
TARRANT COUNTY, TEXAS
VICINITY MAP ■ NOT TO SCALE
CASE NAME: whW-N-Things
CASE NUMBER: CU03-13
LOCATION: 1208 William D. Tate
Ave., /110: Parcel E. Tome
Center Addition
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHA03MAN
DATE:
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DATE: 30 APR 03
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e.g. CU03-13 is a request for a conditional use permit to allow the possession. Master Plan is Commercial.
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storage, retail sale and on -premise consumption of alcoholic beverages, All requirements of Section 25. Community Commercial District shall
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(SCC'I.)PANCY Lf_rAD DATA
Total Square Footage - 1692
Dining Area - 900
Occupancy Load - 60
Parking Spaces Required - 20
SITE PLAN
PARCEL E, TOWNS CENTER ADDITION
1.27 ACRE
AN ADDITION TO THE CITY OF GRAPEVINE
TARRANT COUNTY, TEXAS
VICINITY MAP ■ NOT TO SCALE
CASE NAME: whW-N-Things
CASE NUMBER: CU03-13
LOCATION: 1208 William D. Tate
Ave., /110: Parcel E. Tome
Center Addition
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHA03MAN
DATE:
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Case Name: Wings -N -Things
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Case Address: 1208 William D. Tate Ave../110
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Sheet 1 of 2
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The property is currently zoned "CC" Community Commercial District
The current land use designation as contained in the Comprehensive
DATE: 30 APR 03
e.g. CU03-13 is a request for a conditional use permit to allow the possession. Master Plan is Commercial.
storage, retail sale and on -premise consumption of alcoholic beverages, All requirements of Section 25. Community Commercial District shall
(beer, wine, and mixed drinks) in conjunction with a restaurant, located at be met.
PLAN, WX 1692
1206 William D. Tate Ave., /110 All requirements of Section 80, Sign Standards shall be met.
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LOCATION: 1208 William D. Tate
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Center Addition
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: -Z- OF -T._
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CASE NUMBER: CU03-13
LOCATION: 1208 William D. Tate
Ave., /110; Parcel E. Towne
Center Addition
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: -Z- OF -T._
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
Case Number: CUOS-13
Cass Nems:Cmw Address:
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