HomeMy WebLinkAboutItem 03 - CU21-28 Ya Ya Yum Boards add exhibitsTO-
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MEETING DATE
SUBJECT
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Grapevine
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HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
BRUNO RUMBELOW, CITY MANAGER
ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES
DECEMBER 21, 2021
PLANNING SERVICES TECHNICAL REPORT OF CONDITIONAL
USE APPLICATION CU21-28, YA YA YUM BOARDS
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APPLICANT- Daniel Parish, Designs and
Development, LLC
PROPERTY LOCATION AND SIZE -
The subject property is located at 112 East Texas
Sy DFW 3 I
Hall -Johnson 6 Airport Street and is legally described as Tracts 59 & 60A,
T____o Abstract 422, William Dooley Survey. The subject
LJ Glade Rd — —I _i property contains approximately 28,616 square feet
and has approximately 146 feet of frontage along
East Texas Street and approximately 196 feet of
frontage along Jenkins Street.
REQUESTED CONDITIONAL USE AND COMMENTS -
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU14-02 (Ord. 2014-12) which allowed the possession, storage, retail sales, on -
and off -premise consumption of alcoholic beverages (wine onlv) and outdoor seating in
coniunction with a winerv. The applicant is now requesting to allow the possession,
storage, retail sales, on and off -premise consumption of alcoholic beverages (beer and
wine) and outdoor dining in coniunction with a restaurant.
Ya Ya Yum Boards was established October 6, 2020 on the subject site as a catering
business. In addition to catering on the subject site, the owner proposes adding a
restaurant with on and off -premise consumption of alcoholic beverages (beer and wine)
and outside dining. Approximately 1,600 square feet of the western most portion of the
existing 3,165 square foot brick and metal building which has frontage on East Texas
Street is proposed for the restaurant. A 330-square foot fenced outdoor patio is proposed
0:\ZCU\CU21.28.4 1 December 16, 2021 (12:31PM)
on the west side of the building. Consumption areas are proposed within two seating
areas: 16 seats inside and 12 seats outdoors on the patio. Parking required for the
restaurant is 21 parking spaces. Parking for the restaurant is proposed to be met by using
both on -site and off -site parking. There are 32 parking spaces shown on the site plan that
are shared by tenants on the subject site. The applicant proposes using a combination of
on -site parking spaces and available public parking in the immediate vicinity as shown on
the parking plan. Outdoor speakers are not proposed.
The owner intends to apply for a Wine and Beer Retailer's Permit (BG Permit) from the
Texas Alcoholic Beverage Commission (TABC). The BG Permit allows the holder to sell
beer and wine for both on and off premise consumption.
PRESENT ZONING AND USE:
The property is currently zoned "CBD" Central Business District and is developed with
three structures including a multi -tenant structure which has frontage on Texas Street and
two other structures which have frontage on Jenkins Street.
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. Conditional Use
Permit CU05-12 (Ord. 2005-27) was approved April 19, 2005 for a restaurant with the sale
and on -premise consumption of alcoholic beverages to the west. Additionally, on February
21, 2012 Conditional Use Permit CU 10-15 (Ord. 2010-34) was approved which allowed for
an expansion for additional seating and a confectionary shop. On the subject site
Conditional Use Permit CU14-02 (Ord. 2014-12) was approved for a winery and included
conditions that the outdoor patio shall close no later than 10.00 p.m. every night.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District —First Baptist Church accessory use
SOUTH: "CBD" Central Business District —public parking lot & professional
office
EAST: "CBD" Central Business District —professional office
WEST: "CBD" Central Business District—Napoli's Italian Kitchen and various
retail businesses
AIRPORT IMPACT:
The subject tract is located within "Zone A" zone of minimal effect as defined on the
0:\ZCU\CU21.28.4 2 December 16, 2021 (12:31PM)
"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 land use. The
applicant's proposal is compliant with the Master Plan.
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0:\ZCU\CU21.28.4 3 December 16, 2021 (12:31PM)
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Date Prepared: 12/9/2021
This date has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial souses were
used to gather this Information. Every effort was made to ensure the accuracy of this date, however, no guarantee is
given or implied as to the accuracy of said data.
cull-q.t
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By
Cw21-3,605
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant / agent/company/contact
Daniel Parirsh
Street address of applicant / agent.
PO Box 68
City / State / Zip Code of applicant / agent
PO Box 681, Cedar Hill, TX 75106
Telephone number of applicant / agent: Fax number of applicant/agent
214-675-9175
Email address of applicant/agent Mobile phone number of applicant/agent
PART 2. PROPERTY INFORMATION
Street address of subject property
112 E. Texas St.
Legal description of subject property (metes & bounds must be described on 8 1/2" x f 1 " sheet)
Lot 59/60A Block addition Dooley, William Survey (A-420)
Size of subject property
0.258 Acres 1700
Square footage
Present zoning classification: Proposed use of the property:
CBD Central Business District Restaurant with beer and wine
Circle yes or no, if applies to this application
Outdoor speakers Yes Q
Minimum / maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
making commercial kitchen into restaurant and serving alcoholic beverages
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.
/y 6,�Au5 JLAnio
Street address of property owner.• --
112 E Texas St
City / State / Zip Code of property owner.
Grapevine, TX 76051
Telephone number of property owner. I Fax number of property owner:
❑ 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)
❑ 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 enjoyment of other
property in the neighborhood.
❑ Application of site plan approval (Section 47, see attached Form B').
❑ The site r lan submission shall meet the re: wirements of Section 47, Site Plan Raauirements.
❑ All conditional use and conditional use app)icadons 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.
❑ AU 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.
❑ 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
acknowleaUe that all rc=r;uirements of this &�vfication have been met at the time of submittal.
PART 4. SIGNATURE YO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
Daniel Parrish
Print Applicant's Name: _ Ap`p7icant's Signature:
The State of 1 y� AS
lak• County Of - • K+' Before Me N Ott on this day personally appeared 90ri V % Fax rlc %%
(notary) (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 expr�essed. c�
(Seal) Qj—n rw�P. rn t e thi. day of f�r4 i rA.D. i `
� !
NATASHA LORRAINE GALE
_ Notary Public, State of Texas
Comm. Expires 05-04-2025
Notary ID 13308270-5
AhncMcCauslond
Print Property Owners Name:
The State Of Ttxa s
County Of lle' on ,
Before Me U11112-1 I ' ar+ n
(notary)
Notary In And For State Of Texas
L, tu-1 /A C. ("CW410ka-
Prc;�erty Owner's Signature:
on this day personally appeared Anne. M c ca u r I Q 1 d
(property owner)
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 considerration therein expressed.
G expressed. �7 Irk
(Seal) Given under my hand and seal of office this q +h day of NQ \VernCJ� A.D.. 02-
lY, Ir/'' JULIE MARTIN
Notary Public, State of Texas
Expires COMM
p� es 07-25-2022
UW
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F otary I A d For Sfate Of Texas
ACKNOWLEDGEMENT
All Conditional Use and Special 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.
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 filing 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 submi 1.
Signature of Applicant
Date: 10/12/21
Signature of Owner
4no
Date: l l / ► [ "M
ORDINANCE NO. 2021-066
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, ISSUING CONDITIONAL USE PERMIT CU21-
28 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE
NO. 2014-12, TO ALLOW FOR THE POSSESSION,
STORAGE, RETAIL SALES AND ON- AND OFF -PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND
WINE) AND OUTDOOR DINING 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); 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 and 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.
Ordinance No. 2021-066 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 No. CU21-28 to amend the previously
approved site plan of Conditional Use Permit CU14-02 (Ordinance No. 2014-12) to allow
for the possession, storage, retail sales on- and off -premise consumption of alcoholic
beverages (beer and wine) and outdoor dining in conjunction with a restaurant (Ya Ya Yum
Boards), in a district zoned "CBD" Central Business District within the following described
property: Tracts 59 & 60A, Abstract 422, William Dooley Survey (112 East Texas Street)
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. 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. 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.
Ordinance No. 2021-066 3
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.
Section 7. 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. 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 21st day of December, 2021.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2021-066 4
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CONDITIONAL USE REQUEST CU21-28 IS A REQUEST TO
AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU14-02
EXISTING PARKING
( 1 HOURS OF OPERATION: D
(ORD. 2014 02) TO ALLOW FOR THE POSSESSION
RETAIL SALE, ON PREMISE AND OFF- STORAGE,
PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY)
AND AN OUTSIDE TASTING AREA, SPECIFICALLY TO ALLOW
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