HomeMy WebLinkAboutItem 07 - CU01-22 King's SmokehouseTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION/
FROM: ROGER NELSON, CITY MANAGE4�„��
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES'
MEETING DATE: MAY 15, 2001
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU01-22
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APPLICANT: Gregory Free
PROPERTY LOCATION AND SIZE:
The subject property is located at 2200 Bass Pro
Court and is proposed to be platted as Lot 1, Block
2, The Bluffs At Grapevine. The addition contains
2.712 acres and has 94 feet of frontage along State
Highway 26 and 552 feet of frontage along the
proposed Bass Pro Court.
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 with outside dining.
PRESENT ZONING AND USE:
The property is currently zoned "CC” Community Commercial District and is undeveloped.
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The subject and surrounding property was zoned "SP" Specific Use Permit Zoning and 1-1"
Light Industrial District prior to the 1984 City Rezoning. Portions of the subject property
were once part of the Austin Ranch which received approval from Council (Z77-18 and
Z81-44) for on -premise consumption of alcoholic beverages. At the September 21, 1999
meeting 52.8 acres (Z99-13, Ord. 99-141) was rezoned from "PID" Planned Industrial
Development to "CC" Community Commercial District for mixed use retail, hotel, and
restaurant development. The site has remained vacant.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "HCO" Hotel/Corporate Office District—D/FW Hilton Hotel
SOUTH: "GU" Governmental Use District—D/FW International Airport
EAST: "HCO" Hotel/Corporate Office District and "CC" Community
Commercial District—D/FW Hilton Hotel, Bass Pro Shops, Embassy
Suites
WEST: "GU" Governmental Use District—Corps of Engineers/Grapevine Lake
AIRPORT IMPACT:
The subject tract is located within both "Zone B" Middle Zone of Effect and "Zone C" Zone
of Greatest 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. 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 these noise zones.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial Land Use. The
applicant's proposal is in compliance with the Master Plan.
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CU01-22
King's Smokehouse
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The site plan submission shall meet the requirements of Section 47, Site Plan
~rt " g CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "An
PART 1. APPLICANT INFORMATION
Name of applicant / agent
Gregory Free & Associates
Street address of applicant / agent.
1303 East Seventh Street
city / State / Zip Code of applicant / agent:
Austin, Texas 78702
Telephone number of applicant / agent
Fax number of applicant/ agent:
512-458-9139
512-458-9130
Applicant's interest in subject property
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PART 2. PROPERTY N FORMATION
Street address of subject property
Legal description of subject property (metes & bounds must be described on 8 1/2"x 11 " sheet)
see attached
maize of subject property
'% j
-7/z—
"" "'— Acres / / Square footage
Present zoning classification:
cc
Proposed use of the property.
lRestaUrant
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.
Cumberland Grapevine Partners, L.P.
Street address of property owner.
c/o 1450 Hughes Road
City / State /Zip Code of property. owner.
0"pevine, Texas 76051
Telephone number of property owner.
Fax number of property owner.
817-251-2144
817-251-8845
❑ 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 yarns, 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.
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The site plan submission shall meet the requirements of Section 47, Site Plan
❑ 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 may be scheduled to a later date.
❑ All public hearings woo 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.
❑ t have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowtedge that
alt reauirements of this application have been met at the time of submittal.
4. SIGNATURE TO AUTHORIZE CONDITION
REQUEST SIGN ON THE SUBJECT PROPERTY
[cant's Name: A
Gregory Free
The State Of
Texas
PLACE A
CountyOf
Before MeL-- on this day personally appeared (-_z_
(no ) U�0_
a piicant)
known to me (or proved to me on the oath of caul 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)day of -A.D.
KARIE N. WATSON
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Notary Public. State of TexasAn a IA4
;roF��+ My Commission Expires 03-28-04
Notary In An tate Texas
t r�fr dbG7?iT, -t ' i't's'.`" �z" � ^`'- .- L--'� --•L �-
The State Of `
County Of ' s�a,s—� `j��
� �
Before Me on this day personally appeared 1 �`e 1 y
" (property owner)
(notary)
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.
(Seat) Given under my hand and seal of office this day of^�� A.D. t---) .
KARIE N. WATSON
Notary Pubiir, State of Texas
;r �+-' My Commission Expires 03-28-04
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NotaryQdForStatiOfTexbs
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.
0 have read and understand all
conditional use or special use
application have been met at the J
Signature of Applicant
Date: 17
of the requirements as set forth by the application for
permit and acknowledge that all requirements of this
ne of submittal.
Signature of Owner J -
Date:
GREGORY/ FREE & ASSOCIATES
HISTORIC f RESERVATION DESIGN
March 30, 2001
Mr. Ron Stombaugh, Planner
City of Grapevine
P.O. Box 95104
Grapevine, TX 76099
Re: Conditional Use Permit, King's Smokehouse
Dear Mr. Stombaugh,
This letter is provided pursuant to the requirements for Form "A" for
conditional use applications. The following is a description of the proposed use
for the above -referenced development:
"King's Smokehouse is a proposed 7000+ square foot full-service
restaurant to be located at the NW corner of Highway 26, and Bass
Pro Drive. The 250 seat restaurant, designed in a Texas Hill
Country vernacular style, will be constructed predominantly of
limestone, with a steeply pitched metal roof, porches on three
sides, outdoor terrace dining, and extensive native landscaping.
For purposes of the application, the following statement describes the on -
premise beer, wine, and mixed drink sales:
1. Conditional use request for the sale, storage, and on -premise
consumption of alcoholic beverages(beer, wine, and mixed
beverages) and for outdoor dining in conjunction with the
restaurant.
2. The entire site is the premise.
Also, according to your conditional use application, we provide the following:
The proposed conditional use will not cause substantial harts to the
value, use, or enjoyment of other property in the neighborhood.
The land is presently vacant and unimproved, and the conditional
use will provide a neighborhood -oriented dining establishment
with natural landscaped grounds that conform to the rolling
topography of the area.
We will put this information on the site and floor plan as required. Also on the
floor plans we have noted the storage fnd sales areas.
Than you,
regory F e
1303 East Seventh Street Austin, Texas 512/49139 Fax 512458-9130
gregoryfree@bigplanetxom
r
el( c /- ,I 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 CU01-22 TO
ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND
ON -PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN
CONJUNCTION WITH A RESTAURANT WITH OUTSIDE
DINING 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
`f 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
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
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 No. CU01-22 to allow the possession, storage, retail
sale and on -premise consumption of alcoholic beverages (beer, wine, and mixed
beverages) in conjunction with a restaurant (King's Smokehouse) with outside dining in a
district zoned "CC" Community Commercial District Regulations within the following
described property: Lot 1, Block 2, The Bluffs At Grapevine (2200 Bass Pro Court) 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
h of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said
ORD. NO. 3
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