HomeMy WebLinkAboutItem 05 - CU12-34 Ling and Louie's Asian Bar and Grill�j ITEM # _.
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER*
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: SEPTEMBER 18, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU12 -34 LING AND LOUIE'S
ASIAN BAR AND GRILL/DFW INTERNATIONAL AIRPORT
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APPLICANT: Luis Ibarguengoytia
� I.H -1635
PROPERTY LOCATION AND SIZE:
Hall - Johnson Sy ADP I The subject property is located at 1000 International
Parkway, Terminal "A" between Columns 31 - 34.
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� Glatle Rd. `m I �
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 is requesting on- premise alcoholic beverage sales and consumption for a
Ling & Louie's Asian Bar and Grill located within a newly created lease space between
columns 31 -34 in Terminal "A
PRESENT USE:
The property is currently developed as the Dallas /Fort Worth International Airport.
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AIRPORT IMPACT:
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 Plan.
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10:49 AM 09/06/12
PART 1. APPLICANT INFORMATION
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CITY OFGRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
Applicant Name:
I
Applicant Address: r r' 1,.t 2. f3o_
City/State/Zip Y V % 7j-,y as
Phone No. 2, 1 q - za ii w 041 3Z
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Fax No. G �1 Z' do Z0 9.30 4
Email Address Phone � � L� .. 1-6 1 r 01 2)
Applicant's interest in subject property, MI h bat to MM4 vj�k k +� PART 2. PROPERTY INFORMATION L 1 4 ;rf w4
Street Address of subject propert� Q r, {10.+-ibn Q 0 Pk r nn 3�
Legal Description: Lot F Block F Addition
Legal description of subject property (metes & bounds must be described on 8 112" x 11" sheet
Size of subject property: acres �W square footage S
a
Present zoning classification
Proposed use of property
Zoning ordinance provision requiring a conditional use
PART 3. PROPERTY OWNER INFORMATION s.•�
Property Owner h� � 0y;4
Prop Owner Address &oo Z,� 6,-
City /State/Zip �. r� r n ay * —Ty-- 5
lk
Phone No. �'� Z • 3 ' 04 S Fax No. P7 '] f
❑ 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 particujar conditional use by
applicable district regulations (example: buffer yards, 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 enjo�rrner�t of oopr property
in the neighborhood.
❑ Application of site plan approval (Section 47, see attached Form 'S" ,
❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
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.
0 A11 public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the next public
hearing. Public hearings will not be tabled.
0 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.
0 I 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
The State of '�'.� O— S
County of I D ov i l as
Applicant's Signature
Before me (notary) � � c—sli on this day personally appeared (applicant) w.� s
known to me (or proved to me on the oath of cans 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 1 day of 3 LA,k LA , A.D. I 20 I Z_
Y t
LAUREN GLESBY
Notary Public, State of Texas
ivly Commission Explres
war April 12, 2016
U C
Notary In and For State of
Print Property Owner's Name Property Owner's lgnature
The State of
County of I—Iaxc�-
Before me (notary) I ft�� J n n � on this day personally appeared (applicant) ,'"e–1 Nor f rmd
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 1 hAa�
A.D.
IyIEI,ISSA JAN PARRY
,;
?:r ^% Notary Public, State of Texas a
My Commission Expires
FebfMy 12, 2016
Notary In and For State of
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ACKNOWLEDGEMENT
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 riling 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 17/117
Signature of Property Owner
Date
ZOIZ
FOUR LEAF VENTURES, LLC
August 3, 2012
City of Grapevine
Development Services
Planning Division
PO BOX 95104
Grapevine, TX 76099
Dear Sir or Madam:
Four Leaf Ventures in conjunction with the DFW International Airport will participate in
the upcoming opening of Ling & Louie's Asian Bar and Grill.
In accordance with the City of Grapevine guidelines, we are submitting a Conditional
Use Application to be able to serve mixed alcoholic beverages at such location. This
joint venture will create an average of 90 jobs and generate sales of 3.5 million, making it
an ideal opportunity for business such as Four Leaf Ventures, LLC.
Please find enclosed the documents that were requested for your review. If any changes
or other items are needed, contact Maria Folmar at 972 - 620 -2287 x. 229 or by email at
4leafventures@gmgil.com to ensure that the packet is complete for the City Council
meeting on September 18', 2012.
Sincerely,
Luis Ibarguengoytia
Four Leaf Ventures, President
7242 SUGAR MAPLE • IRVING, TEXAS - 75063
PHONE: 214 -289 -0932
ORDINANCE NO.
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 48 OF ORDINANCE
N O. 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 CU12 -34 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 "GU"
GOVERNMENTAL USE 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 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 propertywith 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 i 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 12-34 for the possession, storage, retail sale and
on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) in
conjunction with a restaurant (Ling and Louie's Asian Bar and Grill), in a district zoned "GU"
Governmental Use District within the following described property: Terminal A, Columns
31 -34 (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 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 18th day of September, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4