HomeMy WebLinkAboutItem 05 - CU13-06 Cousin's Bar-B-Que CC ITEM #5, 28
PZ ITEM #3
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOPA_
MEETING DATE: APRIL 16, 2013
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU 13-06 COUSIN'S BAR-B-
Q/DFW INTERNATIONAL AIRPORT
F-1 I
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Grapevine
Dove Lake
APPLICANT: Jeffrey Payn C&H Foods, LP
North es
PROPERTY LOCATION AND SIZE:
W
The subject property is located at 1000 International
FW
Hall Johns n 19 ADirparl Parkway, Terminal "B" between Columns 128 - 129.
LA
Glade Rd.. _E 1
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow theRqggg§ii r it
sale, and on-premise conSUMDtion of alcoholic beverages (beer. wine. and mixed
beveraaesl:in conjunction with a restaurant.
The applicant is requesting on-premise alcohol beverage sales and consumption for the
Cousin's Bar-B-Q restaurant located within a newly created lease space between columns
128-129 in Terminal "B".
PRESENT USE:
The property is currently developed as the Dallas/Fort Worth International Airport.
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AIRPORTI .
The subject tract is partially located within "Zone C", zone of greatest effect, as defined on
the"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs"map. Industrial
and commercial uses that can tolerate high levels of sound exposure are appropriate in
"Zone C". The applicant's proposal is an appropriate use in this noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as governmental land use, The
applicant's proposal is in compliance with the Master I .
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ZRAP. VI PZ ITEM #3
T E X A
CITY OFGRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICA ION
Applicant Name: IC&H Foods,LIP (dba Cousin's Bar-B-Q)
Applicant Address: 16268 McCart Avenue,Suite B
City/State/Zip Fort Worth,TX 76133
Phone No. 817-294-2113 Fax No. 817-263-5414
Email Address Mobile Phone 817-312-6060
Applicant's interest in subject property I Operation of Food&Beverage/Lease Space @ DFW Airport
PART 2. PROPERTY INFORMATION
Street Address of subject property ITerminal Br Gate B47,DFW Airport,TX 75261 (DFW ID#B-2-128C-A0I)
Legal Description: Lot [— Block Addition
Legal description of subject property(metes & bounds must be described on 8 112"x 11"sheet
Size of subject property: acres square footage
Present zoning classification F
Proposed use of property JFood&Beverage Kiosk,including sale of beer&wine for on-premise consumption
Zoning ordinance provision requiring a conditional use
PART 3. PROPERTY OWNER INFORMATION
Property Owner DFW International Airport
Prop Owner Address OA-?,
City/State/Zip DFW Airport,TX 75261
Phone No. Fax No.
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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)
EJ In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value use or eniovivent of
other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, w OT P7 go—rh,
in the neighborhood. � 771 tT
❑ 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. MAR 13 2013
By -
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❑ Attach a final plat,or replat, of the approved subdivision by city council showing property boundary lines,dimep
Tpways,rail
lines, and public rights-of way crossing and adjacent to the tract(f blueline copy)
El if a master development plan is required,attach a statement showing the proposed use substantially conforms to th6Pn7--sWrE.Wei9Aant plan.
Ll Submit a site plan showing all information required by Section 47,E, Site Plan review requirements(see attached requirements).
❑ Provide all required information demonstrating compliance with all conditions imposed on any conditional use,site plan zoning,or conditional use
zoning.
❑ All site plans must conform to the approved concept plan. Any changes to a site plan,approved with a conditional use or a conditional use,can
only be approved by city council through the public hearing process.
PART 4,SIGNATURE TO AUTHORIZE FILING OF A SITE PLAN A
Jeffrey V.Payne 7 /;V'...
Print Applicant's Name Applic. t' Si n t
The State of , /r
I 1--e Pee.
County of l —/-. ,-,
Before me (notary) Xle - ,A9
_124�r on this day personally appeared (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 acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office thisF day ofl ffa"X A.D. 0�220Y--Z
KIM L MWV
oft"Ssift E*6ft
Notary In and For State of
7e ar
DFW International Airport
Print Property Owner's Name Property Owner's Signature
The State of
County of
Before me (notary) Ate e., on this day personally appeared (applicant) gy,
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 F/W day ofl '41a A.D. I
Noj�ta In State of
and For tate
Womft 2014
rl
ffl F' M
L
MAR 13 2013 iii
ACKNOWLEDGEMENT CC P '
!1 Conditional Use and Special Use Applications are to complete filed will
placed the r public hearing at the discretion the the size of the
r application may be scheduled to t r date.
All public hearings will be opened and testimony iv lic t interested citizenry. ll
hearings continued the lic hearing. Public will not be tabled.
Any changes to it l r how minor or major) approved with conditional c or
special use permit can only approved city council through the public hearing process.
Any application for a change in zoning r for an amendment f the f ng ordinance shall have,
from the submittal, ri of four months to request and be scheduled
before f ng and Zoning Commission it cil. If ft r said period of four months an
application f been scheduled r the i 1 Council said application shall
considered wrt r , with forfeiture of all filing fees. The application, along with required
filing fee may be resubmitted time thereafter f reconsideration. Delays in c li
applications before the Planning i i t on and City Council created city staff
shall c considered a part of the four month period
have read and understand all of the requirements as set folfh by the lic ti for conditional
or special use permit and acknowledge that all requirements f this lic i have t at the
time f submittal.
Signature of Applicant
Date I
Signature of Property Owner
Date
C L2,,
1r
MA
Y
CC ITEM ,
PZ ITEM
ORDINANCE r 3 -060
00 14&10 1
ORDINANCE AN ISSUING ITI ONAL USE PERMIT I
ACCORDANCE WITH SECTION ORDINANCE
®7 , THE COMPREHENSIVE I ORDINANCE
OF THE CITY OF GRAPEVINE, T BEING ALSO
APPENDIX KNOWN AS "D" F THE CITY CODE, Y
GRANTING CONDITIONAL IT CU13-06 FOR THE
POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE
CONSUMPTION L I (BEER,
WINE AND MIXED BEVERAGES) I TI IT
RESTAURANT IN A DISTRICT "GU"
GOVERNMENTAL USE DISTRICT IN ACCORDANCE
WITH A SITE T TO SECTION
ORDINANCE 47 OF - 3 AND ALL OTHER
CONDITIONS,
IMPOSED HEREIN; TI THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS THE
ZONING I PROVIDING I
TO I ITY; DETERMINING THAT THE PUBLIC
INTERESTS, WELFARE DEMAND
THE ISSUANCE OF THIS CONDITIONAL PERMIT;
PROVIDING TY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ( SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DURING DAY I CH A VIOLATI
DECLARING CY AND PROVIDING
EFFECTIVE
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 r evi , Texas, as required y State statutes and the zoning ordinance of the City of
Grapevine, s, and all the legal requirements, conditions and prerequisites having been
complied ith, the case having before the City Council of the City of r vi
Texas, after all I I notices requirements, conditions and prerequisites having
complied it and
, the City Council of the i of r evin , Texas, at a public hearing
called by the City Council did eo si ert e following factors r akin g a determination as to
whether this requested conditional use permit should granted or denied: safety of the
motoring to lic and the des ri ns using facilities in the area immediately surrounding
the site; safety from fire hazards and measures for fire control; protection of adjacent
property re flood or water damages, noise producing I ents, and glare of the
vehicular and stationary lights and effect of such lights established r ct r the
neighborhood; I tic , lighting, and types of signs and relation of signs to traffic control
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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 oft is ordinance fora ®sr ing
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 on 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 oft os o bought or improved property with reference to
the classification is existed at the time their original investment was made; and
WHEREAS, the City Council oft 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
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NOW, THEREFORE, BE IT ORDAINED BYTHE CI L OF THE CITYOF
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 it of Grapevine, Texas, same being also known as Appendix"D"oft City Code,
by granting Conditional Use Permit CUl 3-06 to allow fort possession, storage, retail
sale and on-premise consumption of alcoholic beverages (beer, wine and mixed
beverages) in conjunction with a restaurant (Cousin's Bar-B-Q), in a district zoned "GU"
Governmental Use District within the following described property: Terminal B, Columns
128-129 (1000 International Parkway, Dallas Fort Worth International Airport) 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 oft 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 fort 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 oft community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
fort 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 oft provisions of said
ordinances except in those instances where provisions of those ordinances which are in
direct conflict with the provisions oft is ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity oft zoning affecting any portion of the tract or tracts of
ORD. NO. 3
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I and described herein shall be declared to be invalid, the same shall not affect the validity
oft 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 16th day of April, 2013.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO, 4
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