HomeMy WebLinkAboutItem 04 - CU04-41 Main Street BluesCC-, ITEM.
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER qj
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES"
MEETING DATE: DECEMBER 21, 2004
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU04-41
APPLICANT: Monica Guzman
PROPERTY LOCATION AND SIZE:
The subject property is located at 814 South Main
Street, and is platted as Lot 4D, Lipscomb Daniel
Addition. The addition contains 20,406 square feet
(.468 acres). The property has approximately 106 feet
of frontage along South Main Street and 128 feet of
frontage along Dallas Road.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the approved site plan of
CU01-65 (Ord. Number 01-98) for the possession, storage, retail sale and on -premise
consumption of alcoholic beverages (beer, wine and mixed drinks) in coniunction with a
restaurant/lounge facility.
PRESENT ZONING AND USE:
The property is currently zoned "CBD" Central Business District and was originally
developed as an artisan studio/foundry. Three buildings (Buildings A, B, and C as shown
on the site plan) are located on site with several retail businesses operating within
Buildings B and C. The proposed restaurant will occupy Building A in its entirety.
0:\ZCU\CU01-41.4 q December 13, 2004 (11:53AM)
• • •UA" l • • • . ! • !
The subject and surrounding property was rezoned from '14' Limited Industrial District to
"LI" Light Industrial District during the 1984 City Rezoning. The property to the south of
Dallas Road was rezoned from "C-2" Community Business District and '14' Limited
Industrial District to "PO" Professional Office District during the 1984 City Rezoning. At the
November 17, 1998 joint public hearing Council approved a rezoning of this site from "LI"
Light Industrial District to "CBD" Central Business District (Z98-24; Ord. 98-136) and a
conditional use permit (CU98-58; Ord. 98-147) for an artisan studio. The Board of Zoning
Adjustment approved at their December 7, 1998 public hearing (BZA98-40) a total variance
to the 70 percent masonry requirement in the "CBD" Central Business District on this site
thus allowing the metal buildings to exist as developed. At the April 6, 1999 meeting a
conditional use permit was granted (CU99-19) for a winery with on- and off -premise
consumption of alcoholic beverages (wine only). A conditional use permit (CU01-65) for
a restaurant with on -premise alcoholic beverage consumption called "The Venue" was
approved by Council at their December 18, 2001 meeting on the subject property however
the restaurant closed shortly thereafter.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "LI" Light Industrial District—Tarantula Train parking lot
SOUTH: "PO" Professional Office District—International Supply Company
EAST: "LI" Light Industrial District—Security Manufacturing Corporation
WEST: "Ll" Light Industrial District—Aircraft Interior Components
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 proposed restaurant is an
appropriate use in this noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as an Industrial Land Use. The proposed
restaurant is in compliance with the Master Plan.
0:1ZCU1CU01-41.4 2 December 13, 2004 (11:53AM)
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Dallas Road and South Main Street as Type C,
Minor Arterials with a minimum 80 -foot right-of-way developed as 4 lanes with a center
left turn lane.
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OAZWCU04-414 3 Der -ember 13, 2004 (11:53AM)
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T E X A S CITY OF GRAPEVINE.
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent:
p #V/ 4 -cls- oil
Street address of applicant / ent:
c=ist W
City / State Code ofappllicant/agent!�
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Telephone number of applicant/ agent
Fax number of applicant / agent:
7 - -74;8 - 8
Applicant's interest in pt ject property.
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PART 2. PROPERTY INFORMATION
Street address of subject property
8% .5: k4 ;44 5.1 --
Legal description of subject property (metes &bounds must be described on 1 ' x 11 " sheet)
'
sr! p fi `/� /,Pr c 0 14,L4 �i1 ✓! .5 a /cam%
Size of subject property c .�- to :�� �(3 .L
2 --square footae
'r/• ��
Acres oZ�i
Present zoning classification:
Proposed use of the prope
14e5-IJO
0- a D
A
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.
JessJ41� �'
Street address of property owner.
!aa� t3efl#4-/r_L� D� .
City/State! ip Code of property owner. .--
Telephone number of property owner.
Fax number of property owner.
0 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)
O 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.
0 Application of site plan approval (Section 47, see attached Form B' .
I ❑ n1a site plan submission sna0 meet the requirements or J@cuon 4/ odeyldfi rceyurrvrrrari[b.
Pork-3�'� I
NOV 0 9 2004
Q Alf conditional use and conditional use applications are assumed to be complete when tiled 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.
'1 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.
-J 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.
Q 1 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
EST SIGN ON THE SUBJECT PROPERTY
Q Alt LL 4 �-
Print Applicant's Name:
The State Of _
County Of C"01
Before Me �r,r tv k e . �j �� t `eX- on this day personally appeared Y*D n VC�L ' Z �- ►1
(notary) U (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 expressed.
(Seal) Given under my hand and seal of oli+ce. this
*0""IP,HARRIETTE SIEGENTHALER
Notary Public, State of Texas
MyCommission Expires May 14,2005
'
day of (1)al ,r.U t,, 11 _ A.D. aG q.
Notary in And For State
C � �
Print Property Owners jName, Property Q ner's Signature:
The State
County Of rA „
Before Me on this day personally appeared .0-14-4 rn -
,. nota �� (PropertY owner)
known to me (or proved to me on the th of card or other dc)cument) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same far the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of otBce this day of C'-� �s�Le� A. D. 4
HARRIETTE SIEGENTHALER
Notary Public, state of Texas
My Commission ExplNotary tnAnd or State
res May 14, 2005
ACKNOWLEDGEMENT
Per .............
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 f
conditional use or special use permit and acknowledge that all requirements of thr
application have been met at the time of submittal
Signature of Applicant
Date:
Signature of Owner
Date: ✓c' J4✓ ;2 o °
rVt
OL;
N
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 CU04-41 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE
NO. 2001-98 FOR 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 "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
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 No. CU04-41 to amend the site plan approved by
Ordinance No. 2001-98 to allow 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 "CBD" Central Business District within the following
described property: Lot 4D, Lipscomb -Daniel Addition (814 South 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. 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.
ORD. NO. 3
1
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, 2004.
ATTEST:
ORD. NO. 4
,
Conditional Use Request CU04-4iisurequest hoamend the
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previously approved siteplan ofCUO1465(Ord. O1'08)for the
,oo . C, +G Possession, storage, retail sale and on -premise consumption of
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alcoholic beverages (bner.wine, and mixed beverages) in
conjunction with arestaurant/lounge facility.
---Y'' \ i / ��]� ! { | | U The entire site isthe premise.
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GRAPEVINE, TEXAS 76051
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Conditional Use Request CU04-41 is a request to amend the
previously approved site plan of CU01-65 (Ord. 01-98) for the
possession, storage, retail sale and on -premise consumption of
alcoholic beverages (beer, wine, and mixed beverages) in
conjunction with a restaurant/lounge facility.
The entire site is the premise.
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possessim, storage, retail sale, and on -premise consumption...'
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conjunction. with a restaUrant,(Building
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-- Zoning Commisslon'ate N
thovember•20,-2001'meeting.. -
which allowed the use of the Clty.parking lot on ballasRoad
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-- Zoning Commisslon'ate N
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which allowed the use of the Clty.parking lot on ballasRoad
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_s necessary:
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