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HomeMy WebLinkAboutItem 05 - CU01-56 Edohana Hibachi and SushiC'C' "Mo HO P;z # 7 TO: 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: OCTOBER 16, 2001` SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU01-56, EDOHANA HIBACHI AND SUSHI r I , I I 1 —----------- Grapevine y?� AoV Lake I APPLICANT: Chong Park I I I e Ad. , I , � I I.H. 1635 m Northwes PROPERTY LOCATION AND SIZE: asE. C The subject property is located at 1501 State s oFW ; Highway 114 West, Suite 100 and is platted as Lots ? ' I Hall -Johnson iso Airport a 1 2-7, Block 1, Regency Center. The addition contains t--- 0 12.5 acres. The property has approximately 703.72 L _1 b I Glade Rd. — d —i feet of frontage along S.H. 114, 698.21 feet of frontage along Ira E. Woods Avenue and 306 feet of frontage along proposed Ernest Dean Parkway. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting approval of a revision of the approved site plan of CU01-17 (Ord. No. 01-32) for a planned commercial center, specifically 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 a hibachi restaurant in which the diners are seated around a hibachi grill and are entertained by a hibachi chef while the food is prepared. This restaurant will include a sushi bar for the enjoyment of patrons as well. 0:/zcu/CU01-56.4 1 October 11, 2001 (8:37AM) PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial Distract with a conditional use permit fora planned commercial center. Lot 4 of the planned commercial center is developed with a Best Buy store, Lots 5 and 6 are being developed as an Academy Sports store and Lots 2, 3 and 7 are under development. The subject property was rezoned from the "R-1 ", Single -Family District to the 1-1 ", Light Industrial District in April 1982 (Case No. Z82-14, Ord. No. 82-20). This site, as well as the site to the southeast was rezoned to the "CC', Community Commercial in the 1984 citywide rezoning. CU99-67 (Ord. No. 99-177) for a planned commercial center was approved for the subject site on December 7, 1999. C000-65 (Ord. No. 01-03) was approved in January 2001, providing for the development of Lots 2, 3 and 7 as well as amending the landscape plan for the site. CU01-17 (Ord. No. 01-32) was approved in April 2001, allowing for the development of Lots 5 and 6 with an Academy Sports store. The Towne Center 2 Addition, located to the east of this site, was approved for development in 1992 (CU99-23). A Target store and various other retail establishments are located in this addition. The Dallas/Fort Worth International Airport property, located to the south and west of the subject site, was rezoned in 1984 citywide rezoning from "R-1", Single Family District to "DFW", Dallas/Fort Worth Airport District. The Airport property was later rezoned in 1989 to the "GU", Government Use District (Case No. Z89-11). The property to the north was rezoned in the 1984 citywide rezoning from the 1-2", Heavy Industrial District to the "LI", Light Industrial District. The majority of this property was developed under the previous Zoning Ordinance and is considered to be non -conforming. SURROUNDING ZONING AND EXISTING LAND USE: NORTH SOUTH EAST: WEST: 0:/zcu/CU01-56.4 Ira E. Woods Avenue (S.H. 126) and "LI", Light Industrial District — GE Capital Modular Space and vacant industrial land. "GU", Government Use District - undeveloped DFW Airport property. SH 114 and "CC", Community Commercial District — Towne Center Addition 2 "GU", Government Use District and "Ll", Light Industrial District - undeveloped DFW Airport property and DFW Business Park 2 October 11, 2001 (8:37AM) AIRPORT IMPACT: The subject tract is located within "Zone B" Middle Zone of 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. The proposed retail use is an appropriate use in this noise zone. The Master Plan designates the subject property for commercial uses. The Thoroughfare Plan designates Ira E. Woods Avenue as a Type A Major Arterial with a minimum 100 -feet of right-of-way developed as six lanes with a median. Proposed Ernest Dean Parkway is not designated on the Thoroughfare Plan. /cj Olzcu/CU01-56.4 1 October 11, 2001 (8:37AM) U.UO()-1 mC --%&o Moppar-- - id E;I� A CU95-14 "I"' CU95-25 LI 'Met sp:gr�oo IMAC Ip i T: Is WON Ume LI %Re 6*00 &MAC s696 -is PCD Z87-09 SU97-05 nwoo CU94-30 SU97-09 CU96-32 Z87-09 CC CU92-06 Z74-11 Z87-09 2 qC %Site ..................... ..... ............. ...... .. ...... ........ . . ......... .................. V C.." 7— ...... CLTOO ............. ow lot ......... ILMAC . ..... me...... *­, ......... .... — nitfl .. .......... ......... . ......... MAC . ........... .............. ............. ..... ............. /? ........... ............. ............. ............ ........... 9 GCU U *72 "t7m 289-11 IMIAD vook P' 2MAC TRTM OMIAC 1 400' CU96-3 cc C149&36 am% CU99-06 Cafe CEJf&I , Uno 5 3 SAW* DOW 2 L CU01-56 Edohana Hibachi Sushi =I RECEIVED okt C, f <-�p 4 4 20101 CITY OF GRAPEVINE CONDITIONAL APPLICATION PART 1. APPLICANT INFORMATION Name of applicant/ agent: emF-4'fii�ft- N -I use C 9-0/tI6 PA -,-'-k Street address of applicant/ agent: 4411* 14S bUR�)6 4/9 City !State/Z CCo^deofapplicant/agent L7 Am()1A1& -7605-1 Telephone nu r o�f']applicant / agent: F125-7 nt umber of applicant l agent: " Appl'icant's interest in subject p'roJperrV. _ PART 2. Street address of subject property / W Legal description of subject property (metes &bounds must be scribed on 8 ill"x 11'sheet) ,L -07-,,P— off / C Size of subject property I. � -7 f7 Acres to f � 1 Square footage Present zoning classification: Proposed use of the rope Y. Minimum /maximum dis size conditional use request: 7^nirwy nniinance orovision kauNm a conditional use: 3. lame of current property owner /.0 itrvet address of property owner t� ;dy / State l Zip Pode of property owner Telephone tuber of property owne . Fax ;nber of property owner. 0 Submit a to r 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) ❑ /n 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 neighborfrood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of other property r neighborhood. ❑ Application of site plan approval (Section 47, see attached Form 197. ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements G RECEIVED ❑ Ali oondtronal use and conditional use applications are assumed to be complete when filed and will be placed on the agenda forpup/icL'eanng at discretion of the stag. Based on the size of the agenda, your application maybe scheduled to a later date. <I � public hearings w771 be opened and testimony given by applicants and interested citizenry. Public hearings may beLtt next public " 4waring. Public hearings will not be tabled. W f N G ❑ 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. ❑ 1 have read and understand all the requirements asset forth by the appkation 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 Applicant's Name: Applicant's Signature: - /I `�'ti -�C The State Of County Of .�t.+t'!'•tJ'� % — /I !�� 6!:fbefore Me �3i��d7t/ G►J 1%% G�1(J on this day personally appeared tJYt--- (notary) (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 ac mwiedged to me that he executed the same for the purposes and consideration therein expressed. (Soso Given under my hand and seat of office this day of Aa 6-a CZ AD. 1 % fttaVy nit 6er State Of xis' 4 K�, 3; Property Owners Name: Pr Owner's Signat The State Of �� Q/t`-t_ County Of trt7 S Before Me E t UL:L,� on this day personally appeared I (notary) (property owner) known to me (or proved to me on the oath of card or other doc umenQ to be the person whose name Is subscribed to the foregoing insfrvment and acknowfedged to me that he executed the same for the purposes and consideration therein expressed. (Seaq Given under my hand and seat of office this day ofA AD. ,/. ELYSSA DEBESSE _ M`% COMMISSION i'XPIRES rnp r-H 21, 2005 o ary i d F�StateOf Texas RECEIVED September 17, 2001 Chong Park PLANNING EDOHANA Hibachi and Sushi Japanese Restaurant 1501 W State Highway 114, suite 100 Grapevine, TX 76051 TO: Grapevine City Council Dear sirlma'anni My name is Chong Park, owner of a new Japanese Restaurant being built on State Highway 114 at Grapevine Highway (Hwy 26). First I am so excited to have an opportunity to serve the best place to live, Grapevine, where I myself have been a resident for many years. As many of you already know, my restaurant will be serving high-end steaks and seafood in front of customers' very eyes (with knife -twirling entertainment) and traditional Japanese menu --- sushi. Like any other classic restaurants, it is only natural to have a good wine to go with mouth watering filet mignon and heavenly grilled shrimp. Another important reason is that sushi (raw fish on bite sized steamed rice) are usually consumed with sake, a Japanese rice wine. Because of nature of raw fish (slimy and smelly), wine helps neutralize smell and adds more flavor to raw fish. It is like many people love to drink a glass of beer when they eat a greasy Bar B Que. I will try my best that my restaurant becomes one of the best eatery in Grapevine area. Thank you very much for your support. Sincerely, Karen Park &k (_ / - :5z- 4) 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 CU01-56 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE. NO. 2001-32 FOR A PLANNED COMMERCIAL CENTER 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 ORD. NO. 2 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. 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. CU01-56 to amend the site plan approved by Ordinance No. 2001-32 for a planned commercial center to allow the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Edohana Hibachi and Sushi) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 2, Block 1, Regency Center Addition (1501 State Highway 114 West, Suite 100) 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. ORD. NO. 3 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 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 16th day of October, 2001. RM.-MM91 ATTEST: ORD. NO. 4 IN, AND-IliNkrol (OAC Nq.01 .•�rvr. ,r ... t7 n .. reWyy wtl�onpyNOxrRtltmn...•.ry. ❑ • NL �hAx3mRRha '^""+9'�".'-" `.1st Appdcant Owner ❑ , u ^ PWTtuA TAi ODS ' AVE. / S . i 1 • _ 2 ALL REQUIREMENTS or 5F A�Su.E .' . •F .. A qE:>�R COMPANi�S T. Ei +l1 .v (P.IW - 3. @NUfE681Rg2EN)S OF $EC :'''. rYt- a;:•.. 4,65 9AN CS lIPE ❑ REOUIREMENri SruU, BE ur 5t NOUSTOI, Tx 77027 _ ❑ 713-691-0600 Alt OMMPSIERS SfNtl 9E +'FrC•rCJ ,M _ �j N p {{MM- / -�' - runrlE 2• - 2 4. VC pg sOLIMPS cCTroN so.ea $ECEbN SO e 1 CE?C'eTs ui '• :«, s< ❑ ,� I 111 \ ❑ S %TEjz. Alt ONE rp0 ltr SCtth.O 6r AU .. - fl., e += ASOK INE +EASE ovka' ..,: s, CIVIL- WORKS GROUP Q 5 E/EECD a YEIT IN NE1GNt b A t S"tt3 tExCO ; q§ "C USED FOR CrR&tCE PKAttP) ; ••N SIDES Sf•..-; v. • FE ENGINEERSPLANNERS & ASSOCIATES INpENSC ST�pRAC�,laEMENEo L•NLESf ••K 64R.�T PO BOx 681 / \ FA K 1 -:IJ Fl-:c,•y,a• 800 S. uAgl STREET. SUITE 3p0 ❑ ❑' `� t ' Pr10ME, 1&111 16078 ARCHITECTURE ALL PAavINO rwr ols5'AeuT oro5w: •«qt EE'r^>..'•: to, 636-11th PLANNING - ACCOXZ' tO CHAPTER I3. 51_1,; 4;76 7NE THE «tA1'L^A+IE too[ of oao :c.c ❑ INTERIOp _F tS n1E BLU[ NANOICAPPED SKN "WIMEw wry Architect- ❑ �• LOT 7 \ ��,C� 6 A l CRADNC WO PAyNG Swll ? 1 ,l w aT SSR m - antN t . 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DELTA RADIUS TANGENT LEM 1 09' 08' 45" 828,86 146.28' 2 LONG CHORD 2 58' 36' 04' 267.]1' 150.23' 273.81' S 47.0540- E 291.63' 3 2T 02' 45-649..96' 156.32 306.81' S 31.57'10" E - 30397' E a .RA 26 leo ` BT 208 � e j ' t� of +�• E�YIIICYT D -- r�` Q 1»6 o'u1tcN { Aszocurzf T1CSE N7AVlNGi• DR PARTS TNEREQ. NAT LAT K RCPRORIC[e M I=,= Y iQiiN, IY-ANT NCiNp6. r [ep5 itA ANY PIRPOSE. MfH Patpt IAT S " EYx6 - \\\77hCC' OR 0•ERtEJI { ASSOCIATES"-- 1`01 SfIXIATCS `o1 v' SITE DATA Shy; y 817E AREA 811IM AREAE FAM PKSEST , PKIi IMOD. ACCESSIBLE ACCE881BtE Ci r t2A LOT 2 WAD? BF tab A �"' T eUYh ipK QRAPEYND SPACES REO D SPACES PROW TPRpY�pF�O LANDSCAPE Pm. PAYNO BU0.DEit3 HEpFIT ly LOT3 �R24SF a04A 7aDO8F t•.tt TAa4Pnoe•trr. ]eRgre�e•bw EIPAtti OPER SPACE YEHPAVPK3 NO- OF STORES LOT 4 CRF a 2DD 8F n &300 trrfoq. r w. n oo- eAa 4r a3oe tr ��aa t70319R AC AeP• •w..y .. ___ __ + -. Alofrea6•ar: ;„R,; t6so7 sr1 LOT S a LOT a is LOT T r. TOTAL S4 r twI 0700 01 SITE PL • �N, ❑ owe + " ` D Ela+r JORN O'BJUBN • ARCMT= ❑ ISO WILATION NOL 49A D DATS: SIONSD ❑ JOH k 201M ❑ DAT& 03/ MI SCAT.& t's30••0e I' 5691-�f N Z. C.1713AREE ST FOR APPROVAL OF AN ❑ SHHEET NO. 11NBM COMFC C S (ORD. NO. 01-03) FOR A - w !. OMMER CENTER SPECIFICALLY TO ALLOW THE REOONFI TION OF THE BUILDING -LOCATED ON LOT8AN0 THE OEVEIOPMENT OF ❑ LOTS 6 6 0. MOVE THE BUI G ON LOT t t0 FT, TOOf 8 �6t THE NORTHWEST• AND DELE E BUILDING L TED ON . HIGHWAY 114LWEST) ON�THEDRE{ SED BITE PLAN.Ill �. fl © HASHINS AREA i L I — TOILET BEER L'LCGT.rANOL r a uo .. _ i0 R. " A Lj _ d Tfm M S7d�ReP�toh;1`;-HoL.tndYi STAG 50LID GGRC R�3T ROOM GGULCR 1 -"}�',. 1PiA1NT TO MATO AOJAGCNT WALL ' �? -AwnTON" b '�¢ SCALE: 1/4"=