HomeMy WebLinkAboutItem 04 - CU12-08 Jake's Hamburgers �'�I"IIIIIIIIIIIIIIII'III � # _��
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: MARCH 20, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU12-08 JAKE'S
HAMBURGERS
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` Gra�pkBlne ?, APPLICANT: Greg Garvey on behalf of Jake's
Hamburgers
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PROPERTY LOCATION AND SIZE:
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The subject property is located at 520 South Main
Hellaohnson sy` A°Po r W ; Street, Suite 201, and is platted as Lot 1 R1, Block 4,
; and the remainder of Lot 3, Original Town of
- Grapevine. The property contains 0.721 acres and
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Glade Rd. has approximately 255 feet of frontage along South
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Main Street, 43 feet of frontage along Franklin Street
and 92 feet of frontage along West College Street.
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
beverages) in conjunction with a restaurant.
The applicant intends to establish an 87-seat Jake's Hamburgers restaurant with on-
premise alcohol beverage sales in a 2,775 square foot portion of the multi-tenant structure
that is undergoing renovation at the southwest corner of West Franklin and South Main
Street. No outdoor seating or outdoor speakers are proposed. Total parking provided on
site is 42 spaces; Jake's Hamburgers will require 29 spaces. The remaining 10,415 net
leasable square footage of the building is proposed to be devoted to a mixture of retail and
office uses which will require approximately 53 additional spaces, leaving 40 spaces that
will be unaccounted for on site. With public parking available at the Foust lot and the
0:IZCU1CU12-08.4 1 March 15,2012(10:11 AM)
parking area to the west of Willhoite's, combined with the new parking lot at Churchmest
Texas Street and the public parking lot under construction at Jenkins/Worth Street,
adequate parking is available in the immediate vicinity to accommodate the proposed
restaurant and the future tenants of the remainder of the building.
On February 22, 2012 the Grapevine Historic Preservation Commission approved a
Certificate of Appropriateness(CA12-07)for the subject property at 520 South Main Street
to allow for French doors with glass lights which would be installed to the left and right of
the existing sets of tenant entry doors which can be opened in pleasant weather to allow
breezes to flow through the restaurant. Doors of this type are a part of the tenant's
restaurant concept and they are used at their other locations in Dallas and Fort Worth.
PRESENT ZONING AND USE:
The property is zoned "CBD" Central Business District and is currently undergoing an
extensive remodel/expansion to allow for multi-tenant office, retail, and restaurant uses.
HISTORY OF TRACT 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).
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
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 i noise zone.
0:2CU1CU12-08.4 2 March 15,2012(10:11AM)
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.
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GRARIEVINE
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II I I Form "A"
PART APPLICANT INFORMATION
Applicant Name:
Applicant Address: �/' �/d / , iIG yr
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City/State/Zip .L L�`� _O-$ .... ,
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Phone No. 7 Fax No. ��y� 7 f �•, /'p 7
Email Address
Applicant's interest in subject property I a5 rfv,o(
PART 2. PROPERTY INFORMATION
Street Address of subject property 2O rj• M A-I l-4 ---j`r'FZ;E- " aC 1
Legal Description: Lot IR isb Block Addition
Legal description of subject property(metes &bounds must be described on 8 112"x 11"sheet
Size of subject property: acres F•72 ` square footage I 1p, $L-o S'-
Present zoning classification G la�p
Proposed use of property I R'r.&I L,
Zoning ordinance provision requiring a conditional use 2 g (4
PART 3. PROPERTY OWNER INFORMATION
Property Owner '�j�^['W 16- 1 L,•L•G
Prop Owner Address 2 p rj, Mob-41.4 E!>
City/State/Zip F Ci?A-7eV!NL-6 / 7)<
Phone No. dF�t GE 81'7' �-�'� �L �'0�-1� 1720 m^I P4 . Cdr-
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 imposedgpon the particular conditional use by
applicable district regulations(example:buffer yawls,distance between users)
In the same letter, describe whether the proposed conditional use will,or will not cause substantial haa4 the value;use,or enjoyment of
other property in the neighborhood. Also,describe how the proposed conditional use will add to the 'use Or enjoyment pf other property
in the neighborhood.
Application of site plan approval(Section 47,see attached Form"B").
The site plan submission shall meet the requirements of Section 47,Site Plan Requirements.
AM conditional use and conditional use applications are assumed to be complete when pled 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 maybe scheduled to a later date.
Ali 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 Applican Signature
The State of
County of I k O.r r U
Before me(notary)I t'),e. e f-ae,IS ` on this day personally appeared (applicant) res G r v u�
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 office this o— day of 0)C., ..� A.D. X012
I11111,ff/I
Y Pflsf� DEBBIE AIiELS
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Notary Public,State of Texas
y* My Commission Expires
January 27,2012 Notary in and For State of �[
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Print Property Owners Name Property Owner's Si nat
The State of
County of
Before me (notary) D 1ab`.e. me 1 SO on this day personally appeared (applicant) A,4-k.
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 office this day of Ono s cA, A.D. ap 1 2
DEBBIE MELSo
W: Notary Public,State of Texas
M Commission Ex
y Aires Notary In and For State of
1 'ryfj1111\• January 271 2012
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ACKNOWLEDGEMENT CjJJD-DK
All Conditional Use and Special Use Applications are assumed to be complete when riled 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
riling 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 for conditional use
or special use permit and acknowledge that all requirements of this application have been met at the
time of submittal.
Signature of Applicant
Date
Signature of Property Owner
Date
Biatwic,LLC
c/o Antony Bologna
520 S. Main Street, Suite 888B
Grapevine, TX 76051
Tel: 214.507.4899
March 5,2012
Grapevine City Council
Grapevine Planning& Zoning Commission
c/o Development Services Depart
200 S. Main Street
Grapevine, TX 76051
Re: Conditional Use Request for Jakes Hamburgers
520 S. Main Street, Grapevine, Texas
Dear Council members and Commissioners:
Biatwic, LLC is excited about the opportunity for Jakes Hamburgers to be our first tenant
at the newly renovated 520 S. Main Street building. We feel this regional restaurant is a
good fit for our space, and for our Main Street retail and restaurant neighbors.
At this time we would like you to consider our request to:
1. Allow a restaurant use within the "CBD" zoning district.
2. Allow for the sale, storage, and on-premise consumption of alcoholic beverages
(beer, wine, and mixed beverages) in conjunction with this restaurant use request.
3. The "premise"for this request is the area designated for the restaurant on the attached
site plan.
Over the next several months we hope to fill our building with a mix of retail, office, and
restaurant tenants to add to the vibrant pedestrian shopping experience along this section
of Main Street. Jakes is a positive partner for us as it is both a lunch and dinner venue
and should generate traffic throughout the day.
Jakes does not intend to have any outdoor seating or loud speakers. Our french doors on
Main Street may be open on occasions in spring and fall as weather permits. We do not
anticipate any live music component to this restaurant. Typical business hours will be
Sunday—Wednesday 7:00 AM— 10:00 PM, Thursday 7:00 AM— 11:00 PM,Friday-
Saturday 7:00 AM— 12:00 PM
We do not believe our operations will have any negative impacts for our neighbors and
hope all of our improvements to the building are viewed as a positive for the Brea .t
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My wife's business, Lone Star Stitching, has been a Main Street merchant for several
years and will join us in our new space. My familiarity with Main Street's strengths as a
great destination and business address in this area was my inspiration for undertaking the
renovation of 520 S. Main Street.
We appreciate everyone's patience while we have been renovating this building, and
hope you enjoy the period look of our new fagade. The City Staff, Historic Commission,
and City leaders have been a great help and source of advice and encouragement over the
last year.
Thank you for your consideration of our request.
Sincerely
Antony Bologna
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ORDINANCE NO. , I
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 CU 12-08 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 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 otherthings the character of
the existing zoning district and its peculiar suitability for particular uses and with the viewto
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
at large,the citizens of the City of Grapevine,Texas,and helps promote the general health,
safety and welfare of this community.
ORD. NO. 2
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 CU 12-08 to allow the possession, storage, retail sale,
and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages)in
conjunction with a restaurant (Jake's Hamburgers) in a district zoned "CBD" Central
Business District within the following described property: Lot 1R1, Block 4, and the
remainder of Lot 3, Original Town of Grapevine (520 South Main Street, Suite 201) 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. 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 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. That 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
ORD. NO. 3
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. 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. That 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 March, 2012.
APPROVED:
ATTEST
APPROVED AS TO FORM:
ORD. NO. 4