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HomeMy WebLinkAboutItem 01 - CU12-51 Pizza Snob L III „�r„ I & 1 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: FEBRUARY 19, 2013 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU12-51 PIZZA SNOB APPLICANT: John Wald ----------- -- Grapevine 11 boV Lake { ; PROPERTY LOCATION AND SIZE. I.H.1635 Northwas The subject property is located at 520 South Main _r I Boa;?'= y��{ Street, Suite 300, and is platted as Lot 2R, Block 4, �sa�" Original Town of Grapevine. The property contains I 0.721 acres and has approximately 255 feet of L Hall-Johnson Sy Airport d frontage along South Main Street, 43 feet of frontage T____� , along Franklin Street and 92 feet of frontage along ILI _ ° _ West College Street. �� I Glade Rd. , I 1 H _ O REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow for a restaurant within.the "CBD" Central Business District and to allow the possession, storage, retail sales, and on- Premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in coniunction with a restaurant. The applicant proposes to establish a 60-seat restaurant (Pizza Snob) in a 2,250 square foot lease space in the multi-tenant building located at 520 South Main Street. Primary access to this lease space will be from College Street. The Historic Preservation Commission at their December 19, 2012 meeting approved a new fagade for the College Street portion of this structure and later at their January 23, 2013 meeting approved the proposed signage for the restaurant. Relative to alcohol beverage service there will be no actual bar within the restaurant and the intention at this time is to serve beer and wine only. Twenty parking spaces will be required for this restaurant. WZCU1CU12-51.41 1 February 14,2013(10:27AM) E III I & 1 At the January 15, 2013 meeting the request was tabled in order to give the applicant an opportunity to find additional off-street parking spaces to serve the restaurant and other building tenant's needs. The applicant proposes to construct a new parking area immediately adjacent to the subject site to the west that will provide 26 off-street parking spaces. This new proposed parking area will be leased to the owners of the 520 South Main Street property for a period of 30 years and will be theirs exclusively. An additional twelve off-street parking spaces have been secured on the property immediately adjacent to the west for use after normal business hours. Total parking demand for the building based on this proposed restaurant use, the remaining space left to be leased, and those spaces which have already been leased totals 95 parking spaces--43 spaces have been provided on site. Given the new proposed parking lot and the additional after hours spaces, a total of 81 parking spaces have been made available. Approximately 312 off- street parking spaces are available in the immediate vicinity to accommodate the remaining 14 off-street parking spaces not provided for on-site. PRESENT ZONING AND USE: The property is zoned "CBD" Central Business District and has undergone extensive remodeling and expansion to allow for multi-tenant office, retail, and restaurant uses. HISTORY OFT CT AND SURROUNDING AREA: The subject property and surrounding areas were rezoned in the 1984 City Rezoning from "C-2" Community Business District to "CBD" Central Business District. The subject property is also located within the Main Street Historic Overlay District (HL92-03). At the March 20, 2012 meeting Council approved a conditional use request (CU 12-08)for an 87 seat Jake's Hamburger's restaurant with on-premise alcohol beverage sales on the subject site. Also on the subject site, Council approved at their July 17, 2012 meeting a conditional use request (CU12-29) for a 435 square foot retail store (Sugar Shack) for food service items (shaved ice and seasonal beverages). A conditional use request (CU12-21) was approved at the October 16, 2012 meeting allowing for the development of a 1,924 square foot convenience store (7-Eleven) with off-premise beer and wine sales on the subject property. At Council's November 20, 2012 meeting a special use permit for massage services was approved for a 230 square foot lease space in suite 108 of the subject site. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CBD" Central Business District - Willhoite's SOUTH: "CBD" Central Business District - retail business, Blagg Tire and Service EAST- "CBD" Central Business District - Foust Funeral Home WEST: "CBD" Central Business District - two office structures 0:2=CU12-51.41 2 February 14,2013(10:27AAA) E III I & 1 AIRPORT IMPACT: A portion of 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 applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION.- The Master Plan designates the subject property as a Central Business District land use. The applicant's proposal is in compliance with the Master Plan. 0;\ZCU1CU12-61.41 3 February 14,2013(10!27AM) 11 8 N PT 1 5 IIII W E W Eli''I w I PT PT PT 4 . .. 9R B , 1A 2 2 3 3 T 1 5 38P C 3 4B 2 R-7.5 4A 9A 6A N PT h 9 1 5 m B 2R 3 MID 9 3 7 1Al 1 PT 5 Q O uumiw�. m Of' 5 u 6R �� 8592 10 ���� 7U LE 7A �7 11 Al 2 1 6 12 -7. Of 14 S PT 2 15 lR 1C 1D 1Ep` 281 �II oil VIII �,um� 1R 1V� B Tl 3B Rjo C 4R VIII u mw 4C 4 :30 R 0 A 5 3C PO { 3A to -7.5 PO Z CN -7. a W LL 2 lilt M 1A 3R 3 4A 1A 1R A B C 3B 3A MID PT 1 18 SPT1 C ° 3C iu w 6Aww F 2R 2R2 ) 7R 2C 1201 % L.I B 1.977 V 6B 15R A2 TR 41 3w � 6 7 8 g 5 U .393 @ C 2 65C 1 B986 G N N,Igli.i� �O�� 4.4708 ................ LC*"U 115 1 Pizza Snob 1 inch =200 feet III Illy" .' CITY OFGRAPEVINE CONDITIONAL USE APPLICATION " ... �.. .. ..��pig a Form «A„ PART 1.APPLICA Applicant Name: $ ry ok.�, A- 1..L.0 . L� IS A 1 z z ,q S& Applicant Address: �- r� 0 S-T U D City/State/Zip G �P�0 t U r TIC xR S 7 6 6 C-1 Phone No. f �,_ 2 g gcl Fax No. Email Address Mobile Phone Applicant's interest in subject property p -2 e er 3- U J PART 2. PROPERTY INFORMATION Street Address of subject property Legal Description: Lot W Block Addition 6F 61?J Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet Size of subject property: acres )7r.�-� square footage 7�t*�O S. Present zoning classification G 'p Proposed use of property Zoning ordinance provision requiring a conditional use PART 3. PROPERTY OWNER INFORMATION Property Owner ]XJ >� " Prop Owner Address �. r � ➢ - CitylState/zip F wD s Phone No. Fax No. Zj 4. �o�• �SRq G�c a ❑ 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 ❑ In the same letter,describe whether the proposed condNon�usbetween ill,or will not cause substantial harm �real��� ��oh pp 9 p yards, other property in the neighborhood. Also,describe how the proposed conditional use will add to the valu or e� y rty in the neighbod)ood. , IA ' approval(Section 4 � µm I ❑ The site�an su submission shall he requirements of Se 47,Site Plan Requirements. S 4i o mm F E . . E III „�r„ I & 1 O 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. O 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. ❑ 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 REQUEST SIGN ON THE SUBJECT PROPERTY Print Applicant's Name plicant's Signature The State of County of `�p�r rct�-11 Before me(notary) �&4SQn Ole on this day personally appeared(applicant) ��� L)QAC A 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;\t � d;eaf of office this day of�Ce,rbe C' ,A.D. QO, oZ d s y r r • of t Notary In and For State of etc- Cr Q.S E :f ,` �\• F a CzV Print Property Owners Name alo`!rees Signa The State of �'-���•�j County of Before me(notary)1404* Sv544 VjAiTfon this day personally appeared(applicant)14? laq 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��JJ 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 office this day of r1.�eCe+mber ,A.D. Q© I'A N%% caosaft Notary In and For State ofJ p..X S r r i 7tt`e i Q f! e A 1201 E III „�r„ I & 1 All Conditional Use and Special Use Applications u I filed and will be placed on the r public hearing t the discretion of the staff. Based on the i of the agenda, your application may be scheduled to later date. 11 public hearings will be opened and testimony i applicants interested iti Public r!ngs may be conti to the t public hearing. Public will not be tabled. Any changes to a site ! (no matter how minor or major) approved with conditional r special use permit only i it through the public n c . Any application r a change in zoning r for an amendment to i ordinance ll have, from the date of submittal, f four months to request and be scheduled before the Planning i Commission ! Council. if after said period r months an application ul the lsi it said application 1l be considered i , with forfeiture all filing fees. The application, 1 if the required riling i ! r fbr reconsideration. ! in l! applications the 1 n in Zoning i !on and Ci Council created by city shall not be considered the four month period. !have read and understand all of the i t t forth by the li ti for conditional use rspecial use permit 1 t all requirements of this lic tin have been met at the time u i 1. Signature of Applicant Date (�' !�— `°� Z U E 2 Signature of Property Owner Date [ . 'I)EC �, ' E III I & 1 THE SO URCE 520 SOUTH MAIN STREET By BIATWIC EST. 1, 977 R,E: Term of Parking/Ground Lease agreement Term: 30 years between Joe E Lipscomb d/b/a Lipscomb Office Buildings and BIATWIC, LLC.,Owners of The Source at 520 S. in Street, Grapevine,Texas 76051 Construction- BIATWIC,LLC will construct the Parking lot improvements HPC:Approved- CA13-05 Location:Adjacent property,west of 520 S Main Street between Franklin and College as shown on Site plan. Permitted Use. Exclusive parking for The Source at 520 S Main tenants and their customers Cross Access: Right-of-way granted to adjoining parking lot for ingress and egress at Franklin Street existing lot N�WtNDRX' Anthony J. Bologna C.O.O. BIATWIC,LLC. 520 S Main Street Suite 888 Grapevine,Texas 76051 L III „�r„ I & I EXECUTED IN MULTIPLE ORIGINAL COUNTERPARTS,Which constitute but one and the same instrument, as of the day and year first above written. Upon the final execution hereof by Landlord and Tenant, the last to sign of such parties shall complete the date on the first page hereof. LANDLORD: Joe E. Lips m , dlbda Lipscomb Office Buildings TENANT: BIATWIC, LLC. a Texas limited liability company Sy; h� vj Printed Name: a`1'�' 1-i aL k16- Title: C'.0-67 GROUND LEASE AGREEMENT-PAGE 16 1.%0896MW 11LW 4888.DOC I t L III „�r„ I & I ORDINANCE ORDINANCE AN ISSUING I I ONAL USE PERMIT I ACCORDANCE WITH SECTION ORDINANCE 82-73, THE COMPREHENSIVE I ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING L APPENDIX KNOWN AS I GRANTING I f I - POSSESSION, I ON-PREMISE CONSUMPTION LI (BEER, WINE AND MIXED IN CONJUNCTION I RESTAURANT IN A DISTRICT "CBD" CENTRAL BUSINESS I I IN ACCORDANCE WITH I SECTION PLAN APPROVED PURSUANT TO 7 OF ORDINANCE - ITI , RESTRICTIONS AND SAFEGUARIMPOSED HEREIN; CORRECTING F I I I PRESERVING PORTIONS ALL OTHER I ORDINANCE; PROVIDING I ILI ; DETERMINING I INTERESTS, ISSUANCE AND GENERAL WELFARE DEMAND THE THIS CONDITIONAL I T; PROVIDI THOUSAND NOT TO EXCEED THE SUM OF TWO DOLLARS ( SHALL COMMITTED BE DEEMED I WHICH ON I I DECLARING EMERGENCY AND PROVIDING I WHEREAS, an application was made requesting issuance n iti l use permit in applications r same with I n i nin Commission of the City of Grapevine, Texas, required tut the nin g ordinance of the City Grapevine, II the legal requirements, c iti n d prerequisites having complied i , the case having r i Council of the City r vin , after all I I notices requirements, c ii ns and prerequisites vin complied with; WHEREAS, the City Council of the City r vin , Texas, at a public hearing called it it did consider the following r in r determination as to whether this requested conditional use permit t r or denied: motoring public and ri n using facilities in the r immediately surr u i the i te; safety from fire hazards and measures for fire control; r i j t property r or water damages, noise producing I glare vehicular and stationary lights and h lights established character of the neighborhood, locati n, lighting, i relation of signs traffic rI and j c n property; street size i for traffic reasonably E III „�r„ I & I be generated y the proposed use around the i in h immediate i h or ; adequacy r in g as determined by requirements oft is ordinance for off-street parking facilities; location ingress n egress points for parking and off-street locating c , and protection of public health by surfacing on all parking areas to control t; effect on the promotion of health n the e r I welfare; effect on light and ir; the effect on the overcrowding of the land; the on the concentration of popul do ; the effect on the transportation, r, sewerage, schools, parks n other facilities; e City Council of the it y of Grapevine, Texas, at a public hearing called i Council of the City t vin , Texas, did consider the following in making a determination as to whether this requested conditional use r its old be granted r denied; effect on the congestion h streets, the fire hazards, panics and other dangers possibly present in h securing of from , the ct on the promotion of health n r I welfare, effect on adequate light and air, the effect on the v rcr i of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, s, parks and other public facilities; and II of the requirements of Secti r i c e No. 82-73 have been satisfied the submission of vi public a rin ; and , the City Council further considered n otherthings the characterof the existing zoning district and its peculiar suitability for particular uses and with view to conserve the value buildings n d encourage the most appropriate use of land throughout this i the it Council of the i Grapevine, s find that there is public necessity for the granting this conditional use permit, that the public demands i , that li interest clearly requires the nt, that the in g changes do not unreasonably invade rights of those who bought or improved r with reference the classification which existed at the time it original investment the it Council of the City t vi , Texas, s find that the conditional use permit lessens the congestion in the streets, helps cur e safety from fire, panic and other dangers, prevents the overcrowding of land, v i undue concentration of population, facilitates the r visions of transportation,water, sewerage, cools, parks n other public requirements; n the i Council of the City s determined that there is necessity and need for this conditional use permit and has also found determined that there n a change in the conditions of the property surrounding n in close proximity to the property requested r a change is e this property ri in Il classified r fore, feels the issuance oft this n ii I use permit for the particular piece of property is needed, is called r, and is in h e best interest of the lic at large, t citizens it Grapevine, s, and helps r the general health, safety If r this community. 2 L III „�r„ I & I NOW, THEREFORE, BE IT ORDAINED I IL OF THE CITY GRAPEVINE, . Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of r in o. 2-7 ,the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known Appendix "of the City Code, by granting Conditional Use Permit CU12-51 for the possession, storage, retail s le and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Pizza nob) in a district zone "C Central Business District within the following scribe property: Lot 2R, Block 4, Original Town of Grapevine (520 South Main Street, Suite 300) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto d made a part hereof as Exhibit" ", and all other conditions, restrictions, and safeguards i d herein, including but not limited o the ollo i : 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 II other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contains in said City Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts ash rein 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 f 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 view of conserving the value it ins and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of ll other ordinances of the City of Grapevine, Texas, affecting zoning and II not repeal any of the provisions of said ordinances excet in those instances where provisions of those ordinances which are in fret conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable t if the validity of the zoning affecting any portion of the r c 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. 3 E III I & 1 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. ....I'hat 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 19th day of February, 2013. APPROVED: ATTEST., APPROVED AS TO FORM: ORD. NO. 4 Ewe A qa-4 -TW -S Gc5 PONS VZZId uj Z p ®a uj IL co wo w t-- a z t In LU ;Xofar. C6 uj z LU LL LU cy 6 ER1. JX m LO 0. .J ................ z z oozw 20 ja m-W., 3 9 Sao is - - - ---------------— R. SIS Zl! ----------- 10 0 0 . g.2 9L 4.T 31 a, .2 1.Ulm E E) Flo"i mvonip aa: 417 —71L -F 2 E� A 16 n E W M. 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