HomeMy WebLinkAboutItem 07 - CU09-11 Peace Burger Grill c/CirEl\it If.25:
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER ter
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: MAY 19, 2009
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU09-11
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i Grapevine 5?° APPLICANT: Jose A. Segovia / Peace Burger Grill
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Northwest PROPERTY LOCATION AND SIZE:
as
A The subject property is located at 1228 William D.
�' ' Tate Avenue and is platted as Parcel E, Grapevine FW
• Hall-Johnson Sy�
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AP t a Towne Center Addition. The addition contains 1.27
acres. The property has approximately 255 feet of
frontage along William D. Tate Avenue.
m Glade Rd. d I
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU92-05 (Ord. No. 92-24)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 revise the floor plan for a new restaurant.
Currently Peace Burger is located in a different suite (formerly Wings and Things) within
the same building. The applicant proposes to relocate into the 2,315 square foot space
formerly occupied by China Grill. The total seating proposed for Peace Burger Grill is 60
and the required parking is 20 spaces. China Grill's floor plan accommodated 70 patrons
and required 24 parking spaces which is a reduction of four parking spaces for Peace
Burger Grill. The applicant has expressed an interest in converting the current Peace
Burger into the operations office for the restaurants they operate.
The applicant also operates Baja Mexican Grill and the Taco Room within the same
O:\ZCU\CU09-11.4 1 May 7,2009(3:54PM)
building of the subject site.
PRESENT ZONING AND USE:
The property is currently zoned "CC", Community Commercial District and is developed
with a shopping center.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and the area to the south and west were rezoned from "C-2"
Community Business District to"CC"Community Commercial District during the 1984 City
Rezoning. Nine conditional use permits have been approved on this site. CU87-05(Ord.
87-49)was approved for Elaine's Oven Ready Pizza with alcohol beverage sales. CU89-
05 (Ord. 89-33) was approved for Samir's Restaurant with alcohol beverage sales.
Esparza's Too was approved by Council June 18, 1991 (CU91-11, Ord. 91-38) also with
alcohol beverage sales. CU92-05 (Ord. 92-24) was approved March 24, 1992 for Royal
Cathay Restaurant with alcohol beverage sales. CU98-06(Ord. No.98-39)was approved
in March 1998 allowing for the provision of a 20-foot multi-tenant pole sign on the site.
CU01-14, approved by the Site Plan Review Committee in March 2001, allowed for the
expansion of the bar area in Esparza's Too. CU01-45 (Ord. No. 01-75)was approved in
September 2001 allowing a restaurant with on-premise alcoholic beverage sales. CU03-35
(Ord. No.03-63)was approved in October 2003 for an existing restaurant with on-premise
alcohol sales to enlarge the square footage and provide a take-out counter. CU07-34(Ord.
08-03) was approved at the January 15, 2008 meeting which approved an expansion to
Baja Mexican Grill. The zoning for the areas to the north and east were not changed
during the 1984 City Rezoning. In Towne Center Addition No. 2, to the north of the site,
CU06-32(Ord. No. 06-56)was approved in August 2001 to revise the elevations,floor plan
and a monument sign for an existing restaurant. Tate Street Plaza,to the east of the site,
is a planned commercial center with a restaurant with alcoholic beverage sales, an
automotive retail service center, and a drive through restaurant. The Hayley Addition,
south of the U.S. Post Office was zoned "I-1" Light Industrial prior to the 1984 City
Rezoning. The Hayley Addition, currently zoned "HC" Highway Commercial District, is a
planned commercial center with a variety of retail uses, including restaurants with on-
premise consumption of alcoholic beverages, and a gas station with off-premise
consumption of alcoholic beverages (beer only).
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District— Ferrari's Restaurant
SOUTH: "CC"Community Commercial District—Joanne's Super Store,Arby's,
Jack-In The-Box, Luby's Cafeteria, and Verizon Wireless
EAST: "CC" Community Commercial District, "GU" Governmental Use
District, and "HC" Highway Commercial District — Firestone, Silver
O:\ZCU\CU09-11.4 2 May 8,2009(3:17PM)
Fox, U.S. Post Office, and Midas Muffler
WEST: "CC" Community Commercial District— Medical Offices
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.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial land use. This request
is in conformance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates William D. Tate Avenue as a Type C Minor Arterial with
a minimum 80-foot right-of-way developed as four lanes with a center left turn lane.
at
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T E "ZA S
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Name of applicant/agent/company/contact
,o■s PEAGE.-S.JE.4.94- Zp5e_ a • SFa.eNi,-A
Street address of applicant/agent:
?7 Sa E- so✓Titair-E. 3 va S rt. 140
City/State/Zip Code of applicant/agent:
So 3GA 1- '7G0 S>—
Telephone number of applicant/agent: Fax number of applicant/agent
(1/(7/ q03 --s/a-a-- ( ��2' go;- ?-15-Y
Email address of applicant/agent Mobile phone number of applicant/agent
7il tc„se ii c.,e1 S be 6(4 bed - ,J P (JO) q03 -- 5I a-?-
Applicant's interest in subj roperty:
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PART 2. PROPERTY INFORMATION •
Street address of subject property
JJ' /a-,-S W�u 9-v� - r4'r�
Legal description of subject property(metes&bounds must be described on 8 1/2"X 11"sheet)
Lot Block Addition
lowne Ce r 4 e r
Size of subject property
Acres 2—350 Square footage
Present zoning classification: Proposed use of the property:
ksPP
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: c
cpiteso Pry —C tWFth c Lro • ezcq,N
Street address of property owner. .
g-00(11 2-8 D Y Pyn 4Mo0r r sr. sc e- /o o � r�.Q`
City/State/Zip Code of property owner:
04144s TX 7CAo /
Telephone number of property owner. Fax number of property owner:
a-Iy — 'loot) kYv - owe
rr( 0 6 2009
❑ Attach a final plat,or replat,of the approved subdivision by city council showing property boundary lines, dimensions,easements,
roadways,rail lines,and public rights-of way crossing and adjacent to the tract(1 blueline copy)
r.. ❑ If a master development plan is required,attach a statement showing the proposed use substantially conforms to the master development
plan.
❑ 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 FINAL SITE PLAN
• Sc- r at ■
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Print Applicant's Name: Applicant's Signs
The State Of ,i Cs7<GS /,
County Of (%-e-4-, T
Before Me g C.4 L C4 C 6A
e..- on this day personally rsonall Y appeared � A
�o�i S
(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 consi e tion therein expressed.
(Seal)Given under ; -•. :,,.seal�l � R� ,��'����yof ,AD 4,
a J'�
Notary PUisr1C
+ F` +f St�tG SFt i?dS
I �A41—•-_,!:_g„,"0-"�'ilny Comm.Exphos 02.16.2012; /
Notary In And For fate Of xas
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- nt Property Ow ers ame: Property . F ' "re t i 'is. •Or-
The State Of 1 e .xa
County Of 'Farrow I-
Before Me C Al 14. : )M(�60 on this day personally appeared C1"ri S Tp Q&{tw
(notary) perty 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 consideration therein expressed.
(Seal) iven undersny hand and seal of office this_ AO day of r��\CLf�i�1 .A.D. _.
°wV*'•• LENA M. MCCOY
s`°'„`.= Notary Public,State of Texas
y My Commission Expires t�'Q.1/1 / CO
y " 10 May 26'2011 Notary In And For State Of Texas
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Ouoci- 1 I
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 4y`'
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 th- ti ' - •f submittal.
Signature of Applicant *IP.
. ‘Date: -0(0 ' 6 I
*di*/
Signature of Owner �i (QJJ1'tAAA _i
Date: ii• 06 ' r
4"D ,..
1» ..
April 30,2009
City of Grapevine, Texas
Department of Development Services
200 S. Main Street
Grapevine, Texas
Re: 1228 William D. Tate Avenue
Parcel E, Town Center Addition
CU09-11 Peace Burger Grill
To Whom It May Concern:
Mr. and Mrs. Segovia,owners of the existing Peace Burger Grill,Baja Restaurant and
Taco Room want to relocate the Peace Burger Grill to a larger space within the same
building because of an increase in their business. The work proposed within the new
Peace Burger space will be minimal. Finishes will be changed and a new bar will be
constructed.
They are retaining the existing Peace Burger space and converting it to operations offices.
Respectfully,
Oak a
474-04 s' 41
avid M. Fisher APR 3 0 2009
David Fisher+Architects, Inc.
rax•L1400Wlou nay 11 cvvL, iv• ry 1 •vi
File #: CU09-1 1
PEACE BURGER
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN 5 PM ON MONDAY. MAY 182009
Procedure to Respond:
,.perty Owner within 200 feet of the subject tract) or (an interested citizen), I
'prove (protest)and/or(have the following comments)
Current Property Owner Name(printed) G re€*1 )Ot- iifetji he , .
Property Address: -Iv_ i'... • r AA ,., c _ I'_ ► , •l ' e.
Lot F .Block. ,Addition 1-014ike C ACkStkitlIN
Property Owner Signature:. 4,..C'AIQ. e
U
Daytime phone number 934 - $$C)' goo C1
Telephone: (817)410-3155 Fax: (817)410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O.Box 95104
Grapevine, Texas 76099 _
1114J-
,
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CUD ff o l �I`'
ORDINANCE NO. °)(
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 CU09-11 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE. NO.
92-24 TO REVISE THE FLOOR PLAN FOR A RESTAURANT
WITH THE POSSESSION, STORAGE, RETAIL SALE AND
ON-PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES(BEER,WINE,AND MIXED BEVERAGES) IN A
DISTRICT ZONED "CC" COMMUNITY 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
ORD. NO. 2
at large,the citizens of the City of Grapevine,Texas, and helps promote the general health,
safety and welfare of this community.
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 CU09-11 to amend the site plan approved by
Ordinance No. 92-24 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 revise the floor plan of a new restaurant (Peace Burger) in a district zoned
"CC" Community Commercial District Regulations within the following described property:
Parcel E, Towne Center Addition (1228 William D. Tate Avenue) 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 safety 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. NO. 4
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M �L° Architecture — Interiors — Planning
— "'� gg " 'v > - F .f 935 SYLVANIA DRIVE DALLAS,TEXAS 75218
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