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HomeMy WebLinkAboutItem 04 - CU09-08 Back Porch Grill CC STEM # 1 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO V MEETING DATE: MAY 19, 2009 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE PERMIT APPLICATION CU09-08 It r Grapevine .2- APPLICANT: Kimberly Newton and Rachel McGallan Lake I oyes s,1' I .635 Nort PROPERTY LOCATION AND SIZE: 1111111 ■ ', The subject property is located at 210 North Main vow Street and platted as Lot 2R, Block 2, North Main Airp sti DFW ort Shopping Center. The entire shopping center Hall-Johnson e7e0 contains approximately 2.73 acres and has 500-feet _ _ of frontage along North Main Street. -m Glade Rd. 4-, I _ I c REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU04-08 (Ord. 2004-22) for a restaurant (Back Porch Grill) with the possession, storage, retail sale, and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) specifically to allow for an expansion of the restaurant. Originally established in March, 2004 the restaurant has interior seating for 104 patrons and seating for sixteen in a small outdoor patio area to the south. With this request the applicant intends to do a 1,762 square foot expansion immediately to the north with seating for an additional 85 customers. This expansion area will be used as a non-smoking seating area. Based on the total seating count the restaurant would require 70 parking spaces; there are 88 spaces on Lots 2R and 3. Most of the demand for parking by patrons of the restaurant will occur after 6:00 p.m. when the majority of the other shopping center tenants have closed for the evening. There are two small existing outdoor speakers that serve the patio area to the south that face away from any established residential uses. These speakers were installed prior to the requirement for a conditional use permit for outside speakers. PRESENT ZONING AND USE: The property is currently zoned "CN" Neighborhood Commercial District and is developed as a retail shopping center. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the property to the south was zoned "C-2"Community Business District prior to the 1984 City Rezoning. Across Main Street to the west the property currently occupied by Elliot's Hardware was previously zoned "L-I" Limited Industrial District. The properties to the north and east were zoned "R-1" Single Family District. A conditional use permit(CU86-05)for on-premise alcohol beverage sales was approved by Council at their June 1, 1986 meeting for the Elks Lodge. A conditional use permit(CU96- 26)was approved at the October 15, 1996 meeting for a small storage area expansion to one of the buildings within the shopping center and an extension was approved for this conditional use permit but was never constructed. A conditional use permit(CU02-58) to renovate the existing pole sign at the shopping center was approved by Council at their April 15, 2003 meeting. At the March 23, 2004 meeting, a conditional use request was approved (CU04-08, Ord. 2004-22) for a restaurant called the Back Porch Grill with on- premise alcohol beverage sales at the property addressed at 210 North Main Street. A subsequent conditional use request(CU06-10)at the Back Porch Grill was approved by the Site Plan Review Committee at their April 27, 2006 meeting which allowed for a small –outdoor patio expansion. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CN" Neighborhood Commercial District—single family residences SOUTH: "HC" Highway Commercial District—retail development EAST: "R-5.0" Zero-Lot-Line District—single family residences WEST: "HC" Highway Commercial District—Bank of the West AIRPORT IMPACT: 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 this noise zone. 0:12CU10009-08.4 1 May 11,2009(1:28PM) MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Low Intensity Commercial land use. The applicant's request is in compliance with the Master Plan. irs O:1ZCUlCU09-08.4 2 May 11,2009(1:28PM) 1 111 Marl TR TR • 16D 166 Gil 4 11111# R 16C1 16 ' MOE 40 35 34 c 31 'J-.ji 137114 1 w - icN.fiL..r.i..�m.. �N .or f' .�f A 21 11 11,11 TR 30J 0 B 4 3 3 2 111111111111• @ a TR 298 • e! ••►- TR 10A TR 29A 19�s`� 13Q ,3° T25 C II 0 325 . PO * �J TR 30T 12 20 TR 10 , � TR TR '%4 .661 • rti&or..-� 1 t 15 ! 30 TR 30-0 j 30 '� • 01 13 Mill R-5.0 _ R-5.0 TURNER..RD_ .r7 21 R - . 1 r�TR 96 �.9' TR 1.72 AC *S`1.5.1 1 FOR c�- c�- GU. 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City/State/Zip Code of applicant/agent: GRAPEV I IOC, T) ?Lost Telephone number of applicant/agent: Fax number of applicant/agent $I'1- 251- $�3�I g(�- 251- I4oS Email address of applicant/agent Mobile phone number of applicant/agent INCA BACK PD Cord. 2.t4- 212.- 1133 Applicant's interest in subject property: NOM-SMOKo.tG LNINW& 1200M SERVE Foar Alta-tow e- BEVERME$ l PgivA"rg. PM-'fl s. PART 2. PROPERTY INFORMATION _Street address of subject property 2(o N. MAtwl Sr Legal description of subject property(metes&bounds must be described on 8 1/2"x 11'sheet) Lot 2 R Block 2 Addition A) . MAIN STREET SMOPPI,jG CEAJTER Size of subject property 1837 Acres I,,z)T St Z£ 29 A,3 2 Square footage Present zoning classification: Proposed use of the property: C No,.j-5MO) -( .I4 DI,.)NJ;t.14 P.M 554z.05. Fc01) ( ALGO40L 17RWwrrt.p►RTtes Minimum/maximum district size for conditional use request Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner: 11 MDT INhiesTmEwrs Street address of property owner. (050D CGa.€v l u E A/E. City/State/Zip Code of property owner. DA ,S, Tx �521)(c' Telephone number of property owner: Fax number of property owner. 112-- 2B$ - 1832 112- Z.V3- 1890 APR 0 3 2009 CLIO3 o ' INE .T E ,, S CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/agent/company/contact I3AL PoR4 M GRtu._ t `-vim J Street address of applicant/agent: Do N. MA IA Sr. City/State/Zip Code of applicant/agent: GKAPEA I IOC, 'TX ?bos l Telephone number of applicant/agent: Fax number of applicant/agent 251- $�+3�} SO- ZS - 1 OS Email address of applicant/agent Mobile phone number of applicant/agent INP00—BACK PD tZC4i174 Ic gIJ.Co,.1 2t4- 2`d 2— [133 Applicant's interest in subject property: n G p NOM-SMC Cs K1i.1G DINiN IZOOn1 �F.2VE rOQ1� Ate-X1OLU. BEYV ESQ Pgiv ATE_ T{� AKT10. PART 2. PROPERTY INFORMATION Street address of subject property 2.1D N. MAW Sr Legal description of subject property(metes&bounds must be described on 8 1/2°x 11°sheet) Lot 2 R Block 2 Addition )] . MAiN ST $E p CENTER Size of subject property 1837 Acres L r S z 6 29 1,32 Square footage Present zoning classification: Proposed use of the property: C N 1.104-5Hok.m.14 Do 1.1 rtr► R.0+ SE4ztIF_ FcDD " AJ-CC•t{OL ? IA-r1 .PARTtGS Minimum/maximum district size for conditional use request: Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner. M DT I STMEw1-rte Street address of property owner. ( 5oo CZ.EE.r4V l City/State/Zip Code of property owner. DALLAS 52D Co Telephone number of property owner. Fax number of property owner. 112-2.13.8 - `1832 112- 2_43q- "7890 APR 0 3 2009 03/25/200911:38 9722887890 RELIANCE PROPERTY MA PAGE 02 P-2 CL1041. Or J Sundt n letter describing the proposed conditions use and noto the request on the site plan document CI in the serife/ghor,de srribe or show on(hb she plan,and COndt O e/requirements or Conditions imposed upon the particular conditions: use ty applicable thst:lcl regulations(example:buffer yards.distance oetween users) Cl in the some!filter,descntte whether the proposed',xlnditional tree wilt,Or wits not cause aubstanfiel harm to Via value,use,or erfoymere of other property ii:(ha neighborhood. Also.describe haw the proposed r ondittonal use wN add to the va'ue,use or enjoyment of other property in the neighborhood. Apnllt s1/on of site plan approve,(Section 47.see attached Form 487, D The site plan submission shalt meet the requirements of Section 47, Site Plan Requirements. Cl at!ronrtiiinna/yap and coralitto ti/use apA!ivetlons are aeswnred to be Complete when Tiled and will be placed on rise agenda for puoiic' Hearing at the Oiscwe►tun of the staff. c'tssedors the sae of the agenda.your epplioetlon may be achedu!ad to a later slate. © 611 public beatings will be Waled Stirs tesfl•ntyry given ty applicants Mid interested cl6zerry. Public hearings may be continoed lc the next putliC hearing. P I li:Ileums mil not be ttb)dd. U Any chafes is e site pier/(no matter how minor or major)approved with a conditions'use or corsdit.Cnal use permit can ants he approved by city council through,they public hearing procass. a" I reeve teed 86:1 Understand alt the requirements As set Porch by the*Agitation for coi;ditional use or conditional rise permit and aeknowte 9 th4t NI re a:Thorr,firJs 0f'.rs • slam7 ham been mat al the time of subrr.;aaf. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE„f1EQUEST AN' PLACE A C• DITIONAL USE REQUEST SIGN ON THE SUBJECT PROPE �l1 Prlet Ap• pllcan's Name; _._ -.„..�_._ . _ Appiic sere Signature; �,, -, — l The Y /.0e--0 —_. _. County or —_ - / Bore”me _._..,.. . . ..... ---on t is day personalty appeared .._,_14.:411....._ .,,i�p� i______ rrot9ry)_ tpPPii r7'_ _ 1rctcr to.me!or pfo.ed to me on the oath at carp'or other document) to GO he person whose name is subscribed to the fo eeoing instrument ar:1 8rnnowfed00d ro rn7 thef he exewysd fhs same forth- u s end . tne.'ein seed f {dpi)Gwen s ;fay of ttr. .r �._ A.U. 0. _ 1 4 : 4 TANYA S ION EXPIRES V ' / MY COMMISSION EXPIRES , ' .v.; Seplernber 22,2010 I d Po X. etc Of Tai - -- ; 1 7-' L l / ,%�I / ' rty Name- _ _—,_ _. P7/he Pr ope Owners Property Owner's Sldnabmr c ---- - � me Stahl Of__Tic. CovrgY Of .. Q Qin A, .�}—/�.. _ Ca�j Rarefy me---5 - L.t .”`t C� -on MIS day personally appeared, o "�yM,n6f ..- 'otary, (pr pef'y ) Ynowr,to ire iv proved to me on the oetn of cord or other document)to be the person whose name is stipscribed to the to.•egCing instrument son ecknowledged to me slim'.e eXeCUtea Ma same for the purposes and cons icterart,IO,nl thereat expressed is tie ;. d ..(yJ say of - _Y Uv x_...�...— ..A.L?. .. o trrd, �, ,,,,4y STEFANI MICHELLE MICHEAU � / - 1 • `4• Notary Public,State of Texas - '•.r My Commission Expires AVIA k A �• +. �E' June 16.2010 rotary .d For •r:6e Of Texas —�— .�— ....,...—..r. ... -- APR 0 3 2009 03/25/2009 11:38 9722887890 RELIANCE PROPERTY MA PAGE 04 p.4 atcAo8 ACKNOWLEDGEMENT AU Conditional Use and $pecial 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 withd►awn, 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. ! have read and understand all of the requirements as set forth by the application for conditional use or special use permit and ackn• at all requirements of this application have beenineta time of s: .mittal. Signature of Applicant _ „4_ _-- fi- �1 1 ;moo Signature of Owner Date: APR 0 3 2003 The Back Porch Grill &Tavern MAY 6 2009 210 N. Main Street Grapevine, TX 76051 (817) 251-8434 May 6, 2009 Subject: Back Porch Grill &Tavern -non-smoking room expansion To Grapevine Planning and Development Department: The Back Porch Grill &Tavern, located at 210 N. Main Street in Grapevine, respectfully requests approval of our non-smoking room addition. This expansion will accommodate our non-smoking dining customers. While we will be open for lunch in this new addition, the bulk of our business will be conducted in the evening hours. As the majority of the tenants in this shopping center conduct their business prior to 6pm, we do not anticipate this expansion to interfere in any way with our neighboring tenants or their ability to continue business as usual. Thank you in advance for your support. Sincerely, .4111. Kim Newton Rachel McGallian Owner Owner Back Porch Grill &Tavern Back Porch Grill &Tavern cc: Randy Sullivan ORDINANCE NO. P)F\Q- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 CU09-08 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-22 FOR THE EXPANSION OF A RESTAURANT IN A DISTRCT ZONED "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS 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. 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 CU09-08 to amend the site plan approved by Ordinance No. 2004-22 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer,wine and mixed beverages)in conjunction with a restaurant, specifically to allow an expansion of the restaurant (Back Porch Grill), in a district zoned "CN" Neighborhood Commercial District Regulations within the following described property: Lot 2R, Block 2, North Main Street Shopping Center Addition (210 North Main 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. 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. ORD. NO. 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. 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 19th day of May, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. 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