HomeMy WebLinkAboutORD 2014-039FROM: ALBERT L. TRIPLETT, JR, PLANNER II
DATE: JULY 6, 2016
SUBJECT: CONDITIONAL USE REQUEST CU16-16; LOT 1, BLOCK 1,
HAZELWOOD COMMERCIAL BUILDING ADDITION
RECOMMENDATION
Staff recommends the Site Plan Review Committee consider the proposed changes to
Conditional Use Permit CU14-26 (Ord. 2014-39) approved at the July 15, 2014 meeting
to allow for the possession storage, retail sales and on -premise premise consumption of
alcoholic beverages (beer, wine and mixed beverages), specifically to allow outside
dining and outdoor speakers in conjunction with a restaurant, and take any other action
necessary.
BACKGROUND INFORMATION
Cotton Patch restaurant was established on the subject site with the approval of
Conditional Use Permit CU14-26 (Ord. 2014-39) by the City Council at the July 15, 2014
meeting, to allow for the possession storage, retail sales and on -premise premise
consumption of alcoholic beverages (beer, wine and mixed beverages).
With this request the applicant proposes to add outdoor seats and one outdoor
loudspeaker. The outdoor seats are proposed adjacent to East Wall Street and South
Main Street. The revised seating layout will accommodate 137 patrons: 117 seats
indoors and twenty (20) outdoor seats. The applicant will maintain a minimum
clearance of four (4') feet between the tables and the building. One outdoor speaker
located at the main entrance is proposed to provide background music. No additional
changes are proposed to the subject site.
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• CONDITIONAL USE REQUEST CU16-16IS A REQUEST TO AMENDE PREVIOUSLY APPROVED SITCU14-26
. 2014-31) TO, ALLOWPOSSESSION, STORAGE, RETAIL SLS AND ON-PREMISEPTI
ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) SPECIFICALLY LOW OUTSIDE DINING
OUTDOOR SPEAKERS I WITH A RESTAURANT I. THE CENTRAL BUSINESS DISTRICT®
• THE ENTIRE SITE IS THE PREMISE.
MINIMUMF ) FEET CLEARANCEBETWEEN THE PUBLIC WALKING SPACE AND THE TABLES SHALL BE
MAINTAINED BY THE OWNER/OPERATOR AT ALL TIMES.
LOT SIZE: 30,992 S.F. CBD REQUIREDPARKING FOR BUILDINGE:
IMPERVIOUS P. : 100% TAIL® 85 SPACES + 1 PER 200 GLA)
OFFICE: 58 SPACES ( + 1 PER 3 )
BUILDING SQUARE F T Ea RESTAURANT: 52 SPACES 1 PER 1 )
FIRST FLOOR: 22,315 S.F.
SECOND® 23,633 S.F. TOTAL If ED: 195 SPACES
45,948 S.F. TOTAL L I E: 20 NEW STREET SPACES
143 EXISTING TCITY LOT SPACES
AREA F USE: 109 EXISTINGSURROUNDING SPACES WITH 30OFT RADIUS
RETAIL: 15,993 GLA 272 TOTAL SPACES PROVIDED
FF 15,813 GLA
RESTAURANT: 7,795 GLA
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CASE NAME: COTTON PATCH CAFE JOB NUMBER
CASE NUMBER: CU16-16
LOCATION: 129 SOUTH MAIN STREET #155 11398
LOT 1, BLOCK 1, HAZLEWOOD COMMERCIAL BUILDING
MAYOR SECRETARY SHEET TITLE
DATE:
PLANNING AND ZONING COMMISSION SITE
PLAN
CHAIRMAN
DATE: SHEET NUMBER
SHEET: 1 OF 3
APPROVAL DOES NOT AUTHORIZE ANY
WORK IN CONFLICT WITH ANY CODES OR I of 2.
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
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• CONDITIONAL USE REQUEST CU16-16IS A REQUEST TO AMENDE PREVIOUSLY APPROVED SITCU14-26
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ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) SPECIFICALLY LOW OUTSIDE DINING
OUTDOOR SPEAKERS I WITH A RESTAURANT I. THE CENTRAL BUSINESS DISTRICT®
• THE ENTIRE SITE IS THE PREMISE.
MINIMUMF ) FEET CLEARANCEBETWEEN THE PUBLIC WALKING SPACE AND THE TABLES SHALL BE
MAINTAINED BY THE OWNER/OPERATOR AT ALL TIMES.
LOT SIZE: 30,992 S.F. CBD REQUIREDPARKING FOR BUILDINGE:
IMPERVIOUS P. : 100% TAIL® 85 SPACES + 1 PER 200 GLA)
OFFICE: 58 SPACES ( + 1 PER 3 )
BUILDING SQUARE F T Ea RESTAURANT: 52 SPACES 1 PER 1 )
FIRST FLOOR: 22,315 S.F.
SECOND® 23,633 S.F. TOTAL If ED: 195 SPACES
45,948 S.F. TOTAL L I E: 20 NEW STREET SPACES
143 EXISTING TCITY LOT SPACES
AREA F USE: 109 EXISTINGSURROUNDING SPACES WITH 30OFT RADIUS
RETAIL: 15,993 GLA 272 TOTAL SPACES PROVIDED
FF 15,813 GLA
RESTAURANT: 7,795 GLA
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CASE NAME: COTTON PATCH CAFE JOB NUMBER
CASE NUMBER: CU16-16
LOCATION: 129 SOUTH MAIN STREET #155 11398
LOT 1, BLOCK 1, HAZLEWOOD COMMERCIAL BUILDING
MAYOR SECRETARY SHEET TITLE
DATE:
PLANNING AND ZONING COMMISSION SITE
PLAN
CHAIRMAN
DATE: SHEET NUMBER
SHEET: 1 OF 3
APPROVAL DOES NOT AUTHORIZE ANY
WORK IN CONFLICT WITH ANY CODES OR I of 2.
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
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• CONDITIONAL USE REQUEST CU16-16IS A REQUEST TO AMENDE PREVIOUSLY APPROVED SITCU14-26
. 2014-31) TO, ALLOWPOSSESSION, STORAGE, RETAIL SLS AND ON-PREMISEPTI
ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) SPECIFICALLY LOW OUTSIDE DINING
OUTDOOR SPEAKERS I WITH A RESTAURANT I. THE CENTRAL BUSINESS DISTRICT®
• THE ENTIRE SITE IS THE PREMISE.
MINIMUMF ) FEET CLEARANCEBETWEEN THE PUBLIC WALKING SPACE AND THE TABLES SHALL BE
MAINTAINED BY THE OWNER/OPERATOR AT ALL TIMES.
LOT SIZE: 30,992 S.F. CBD REQUIREDPARKING FOR BUILDINGE:
IMPERVIOUS P. : 100% TAIL® 85 SPACES + 1 PER 200 GLA)
OFFICE: 58 SPACES ( + 1 PER 3 )
BUILDING SQUARE F T Ea RESTAURANT: 52 SPACES 1 PER 1 )
FIRST FLOOR: 22,315 S.F.
SECOND® 23,633 S.F. TOTAL If ED: 195 SPACES
45,948 S.F. TOTAL L I E: 20 NEW STREET SPACES
143 EXISTING TCITY LOT SPACES
AREA F USE: 109 EXISTINGSURROUNDING SPACES WITH 30OFT RADIUS
RETAIL: 15,993 GLA 272 TOTAL SPACES PROVIDED
FF 15,813 GLA
RESTAURANT: 7,795 GLA
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CASE NAME: COTTON PATCH CAFE JOB NUMBER
CASE NUMBER: CU16-16
LOCATION: 129 SOUTH MAIN STREET #155 11398
LOT 1, BLOCK 1, HAZLEWOOD COMMERCIAL BUILDING
MAYOR SECRETARY SHEET TITLE
DATE:
PLANNING AND ZONING COMMISSION SITE
PLAN
CHAIRMAN
DATE: SHEET NUMBER
SHEET: 1 OF 3
APPROVAL DOES NOT AUTHORIZE ANY
WORK IN CONFLICT WITH ANY CODES OR I of 2.
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
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TOTAL SEATING 137
FLOOR AREA 3,595 S. .
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■ CONDITIONAL USE REQUEST CU 16-16 IS A REQUEST TO AMEND THE FREVIQPSL� APPROVED SITE PLAN CU14-26
(ORD. 2414-3q) TO ALLOW THE POSSESSION, STORAGE, RETAIL SALES AND ON -PREMISE CONSUMPTION OF
ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) SPECIFTGALLY TO ALLOW OUTSIDE DINING AND NORTH
OUTDOOR SPEAKERS IN CONJUNCTION WITH A RESTAURANT IN THE CENTRAL BUSINESS DISTRICT. FLOOR PLAN
• THE ENTIRE SITE IS THE PREMISE. � v 1 SCALE: 114"= 1'-0"
• A MINIMUM FOUR (4) FEET CLEARANCE BETWEEN THE PUBLIC WALKING SPACE AND THE TABLES SHALL BE
MAINTAINER BY THE OWNER/OPERATOR AT ALL iIMES.
SEA'nNG SCHEDULE
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QF TABUS
#`rOF PECfLE
39"Wx60"D
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HIGH WOOD
1
6
TABLE
36" SQUARE
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HIGH WOOD
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TABLE
39"WX60"D
WOOD TABLE
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69"W x 30"D
BOOTH 27"W
2
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TABLE
69"W x 66"D
BOOTH 30"W
3
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WOOD TABLE
69"W x 44"D
BOOTH 30"W
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WOOD TABLE
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WOOD TABLE
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WOOD TABLE
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WOOD TABLE
WOOD BAR
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STOOL
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16
METAL TABLE
& CHAIRS
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OUTDOOR
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4
METAL TABLE
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TOTAL
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SPEAKER BY
MOOD SYSTEMS
MULTIPURPOSE GB SERIES
MODEL G 422T WHITE
DAYS & HOURS OF OPERATION
MON-THU 11:00 AM TO 9:30 PM
FRI-SAT 11:00 Aid TO 10:00 P
SUN 11:00 AM TO 9:00 Phi
CASE NAME: COTTON PATCH CAFE
CASE NUMBER: CU16-16
LOCATION: 129 SOUTH MAIN STREET #155
LOT 1, BLOCK 1, HAZLEWOOD COMMERCIAL BUILDING
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: 2 OF 3
APPROVAL DOES NOT AUTHORIZE ANY
WORK IN CONFLICT WITH ANY CODES OR
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
r11� � • 1 �
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 CU14-26 FOR THE
POSSESSION, STORAGE, RETAIL SALE, AND ON -
PREMISE CONSUMPTION OF ALCOHOLIC 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 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
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. 2014-39 0
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 CU14-26 to allow the possession, storage, retail sale,
and on -premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in
conjunction with a restaurant (Cotton Patch Cafe) in a district zoned "CBD" Central
Business District within the following described property: Lot 1, Block 1, Hazlewood
Commercial Building (129 South Main Street #155) 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
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.
ORD. NO. 2014-39 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. 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 15th day of July, 2014.
Jo i )�. Brown
City Secretary
John F. Boyle, Jr.
City Attorney
ORD. NO. 2014-39 4
TM 'am F. a e
Mayor
Jo i )�. Brown
City Secretary
John F. Boyle, Jr.
City Attorney
ORD. NO. 2014-39 4
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NORTH
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SCALE: 1/4"= T-0"
CONDITIONAL USE REQUEST CU14-26 IS A REQUEST TO ALLOW THE POSSESSION, STORAGE, RETAIL SALES, AND
ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A
RESTAURANT. THE ENTIRE SITE IS THE PREMISE.
LOT SIZE: 30,992 S.F.
IMPERVIOUS AREA: 100%
BUILDING SQUARE FOOTAGE:
FIRST FLOOR: 22,315 S.F.
SECOND FLOOR: 23,633 S.F.
TOTAL: 45,948 S.F.
AREA OF USE:
RETAIL: 15,993 GLA
OFFICE: 15,813 GLA
RESTAURANT: 7,795 GLA
CBD REQUIRED PARKING FOR BUILDING USE:
RETAIL: 85 SPACES (5 + 1 PER 200 GLA)
OFFICE: 58 SPACES (5 + 1 PER 300 GLA)
RESTAURANT: 52 SPACES (1 PER 150 GLA)
TOTAL REQUIRED: 195 SPACES
TOTAL PROVIDED: 20 NEW STREET SPACES
143 EXISTING ADJACENT CITY LOT SPACES
109 EXISTING SURROUNDING SPACES WITH 30OFT RADIUS
272 TOTAL SPACES PROVIDED
CASE NAME: COTTON PATCH CAFE
CASE NUMBER: CU14-26
LOCATION: 129 SOUTH MAIN STREET #155
LOT 1, BLOCK 1, HAZLEWOOD COMMERCIAL BUILDING
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEEP: L OF 2
APPROVAL DOES NOT AUTHORIZE ANY
WORK IN CONFLICT WITH ANY CODES OR
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
JOE NUMBER
13.398
SHEETTITLE
SITE
PLAN
SHEET NUMBER
I
TO rO
'_s-
-ASE NAME: COTTON PATCH CAFE
.ASE NUMBER: CU14-26
_OCATION: 129 SOUTH MAIN STREET #155
_OT 1, BLOCK 1, HAZLEWOOD COMMERCIAL BUILDING
MAYOR SECRETARY
DATE
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: 2 OF 2
APPROVAL DOES NOT AUTHORIZE FNY
WORK IN CONFLICT WTfH ANY CODES OR
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
JOB NUMBER
13.398
SHEET NUMBER