HomeMy WebLinkAboutItem 04 - CU04-14 La CasaCC ISM 0 - 403 --
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER ;�V
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: MAY 18, 2004
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU04-14 — LA CASA
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Grapevine APPLICANT: Phillip Morley
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PROPERTY LOCATION AND SIZE:
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The subject property is located at 1689 W. Northwest
S DFW g
Highway and is platted as Lot 2, Block 1, Northwest
Hall -Johnson y�so Airport a ; Plaza Addition. The shopping center contains 7.97
_ pp� g
---- o acres and has approximately 585 feet of frontage
Glade Rd. — ;, —I _� along West Northwest Highway.
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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 CU94-17 (Ord. 94-67) for a restaurant with the possession storage retail sale and
on -premise consumption of alcoholic beverages (beer, wine and mixed beverages)
specifically to allow an outdoor patio with outside dining_
The applicant proposes establishing a small outdoor patio area just south of the entrance
that will seat 32 patrons. What was formerly a banquet area has recently been converted
to a gift shop comprising some 1,600 square feet. With the addition of the patio area
coupled with the reduced seating inside the restaurant from the conversion of the banquet
room to a retail shop, no additional parking is required for the patio seating area.
0:\ZCU\CU04-14.4
3:24 PM 05/12/04
PRESENT ZONING AND USE:
The property is currently zoned "SP" Site Plan Zoning and is developed as the Northwest
Plaza Shopping Center.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was zoned "SP" Site Plan Zoning with an approved site plan prior to
the 1984 City Rezoning. A zoning request (Z85-01) amended the site plan to allow the
retail sale, storage, possession, and on -premise consumption of alcoholic beverages (beer
and wine) for Mama's Pizza—now known as Amore Pasta & Pizza. Eckerd's Drug Store
was granted a conditional use permit (CU89-19) to allow off -premise alcohol beverage
sales in January 1990. La Casa Mexican restaurant was granted a conditional use permit
(CU92-15) to allow the patio area on the north end of the restaurant to be enclosed on an
as needed basis. La Casa received a prior conditional use permit (CU90-15) for alterations
and expansion of the bar area and the walkway on the north side of the restaurant. The
floor plan for the La Casa restaurant was again modified in 1994 (CU94-17). Iri'1998
Council approved a conditional use permit (CU98-38) which allowed for the installation of
an ATM machine with a canopy in the parking area of the Northwest Plaza shopping
center.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH:
SOUTH:
EAST:
WEST:
AIRPORT IMPACT:
"CC" Community Commercial District—vacant
"SP" Site Plan—Bealls, Grapevine Family Fitness
"SP" Site Plan—various retail businesses including: Pearl Chinese,
Amore, Nationwide Insurance, Second Glance, Holly's Salon
"SP" Site Plan—various retail businesses including: La Casa, Herbs
and Such, Bagel Delight, Art USA
The subject tract is not located within any of the noise zones as defined on the "Aircraft
Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial Land Use. The
applicant's proposal is in compliance with the Master Plan.
0AZWCU04-14.4 2
6:53 PM 05/09/04
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates West Northwest Highway as a Type C, Minor Arterial
with a minimum 80 -foot right-of-way developed as four lanes with a center left turn lane.
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6:53 PM 05/09/04
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�T "B X A S GRAPEVINE
�
CITY OF GRAP VI N
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant / a t:
/y10 or L
i e ��s -1P
Street adefress of applicant/ a nt.
City / State / Zip Code of applicant / agent:
Pq114�7—7e9S'
Telephone number of applicant/ agent.
Fax number of applicant/ agent:
Z /4-S'"zo-007
Z/-�-
Applicant's interest in sub ect property.
i�eG�""
14 I-� �f
PART 2. PROPERTY INFORMATION
Street address of subject property I
Legal dews- tion of subjectp/roperty (metes & bounds must be de, hed)Lfn 8 la' x 1 sheet) / l
v7'
Size of subject properly
!`7 G
Acres Square footage
Present zoning classification:
5F
-
Proposed use of the property:
1,W,4 /ozJ
Minimum l maximum district size for conditional use request
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current p rty ow r.
I-"7CGv Te -.S71 --f 4--r-orf147s
Sheet address of property owner. /�
f( �O 0 i tri. / /Y d �Gt%�-s / / ! !L4
Cf y J e / Zip Code of property owner
lA' e YiY! t 7:4—
Telepfwne nufnber of property owner
Fax number of property owner.
017_ ¢ SS - 0, i�
Si 7 X88- zo/.s''
O Submit a letter describing the proposed conditional use and note the request on the site plan document
0 In the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditionaltrse 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 BJ.
0 The site plan submission shall meet the 2guirements of Section 47, Site Plan Re uirements, and Section 45. E.
2
■
APR U 2 1 v t
Per. „
❑ All conditional use and conditional use applications are assumed to be complete when riled 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 wilt 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 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
REQUEST SIGN ON THE SUBJECT PROPERTY
Print Applicant'ss Name: Applicant's Signature:
The State Of {{Q
County Of , `.
Before Me �O r Vy t9. W i Tt e Vi on this day personally appeared
(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 expressed. a�
(Seal) Given under my hand and seat of office this_.,11 - day of_nL_a r c,%N A. D& M L
il�llly
w,
Y JOANNA WHITTEN
.
a MY COMMISSION EXPIRES
March 16,2W8 Notkry /n AlFor State Of Texas
N,print Property Owngts Property Owner's Signature:
/J~~.. /.�✓'� C� GrI�OS L7�Gvc�
e of T- >
CountyOf
Before Me M-40, �� `�`"� on this day personally appeared i, �✓/"S (�a %a .�
(notary) (property owner)
known to me (or proved to me on the oath of cam 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 seat of o {S , day of )Pn,, ( A.D. W i�
C�C90CiOQ� .
aocrs'Y"ua� JARED L. JOHNSON
* NOTARY PUBLIC
STATE OF TEXAS Notarynd r ate Of Texas
'hF
Of My Comm. Exp. 02-05-08
AM 0 2 2004
Per .............
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.
1 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 submittal.
Signature of Applicant
Date: 3,%3/O�f'
er
Wsignature of O�,�
Date: �/- Z "�/
APR U 2 121004
BUPer... ..........
��Omm Jerrold P. Beeler
John L. Guest
No John N. "Buz" Owens
Gary Pitts
Donald F. Sopranzi
April 2, 2004 Fred Sahs
G. Philip Morley
Mr. Ron Stombaugh
Planning Department
City of Grapevine
200 South Main Street
Grapevine, TX 76051
Re: La Casa Mexican Cafe
Mr. Stombaugh:
The attached Conditional Use Request Application is being submitted because
the owners of La Casa Mexican Cafe are wishing to place a low (approx. 36"
high) wrought iron fence in front of the covered portion of their lease space to
create a patio. This area will be used as a dining area during mild weather
conditions. Alcohol will be served on this patio, so we are submitting a revised
Liquor Licensing Plan.
The banquet room of La Casa was converted recently to a 1,630 s.f. gift shop,
requiring 11 fewer parking spaces. The new 419 s.f. patio area (seating 32) will
require 11 additional parking spaces, so the net impact of the proposed change
is negligible. The total existing parking for the center is 489 spaces, and no
changes to the parking are planned. In 1999, the City approved the addition of
an ATM machine to the center and the site plan showed a total of 475 spaces. In
actuality, the center has 14 more spaces than what is required.
Based on the above information, we respectfully request that this application be
approved.
Sincerely,
G. PhiliptMrley, AIA
Architect
B E E L E R GUEST OWENS ARCHITECTS, L.P.
4245 N. CENTRAL EXPRESSWAY SUITE 300 DALLAS, TEXAS 75205 214-520.8878 FAX 214-520-8879
ORDINANCE .
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 CU04-14 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE
NO. 94-67 FOR A RESTAURANT WITH THE POSSESSION,
STORAGE, RETAIL SALE AND ON PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE, AND MIXED BEVERAGES) FOR AN OUTDOOR
PATIO IN A DISTRICT ZONED "SP" SITE PLAN 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. CU04-14 to amend the site plan approved by
Ordinance No. 94-67 for a restaurant (La Casa) with the possession, storage, retail sale
and on premise consumption of alcoholic beverages (beer, wine, and mixed beverages),
specifically to allow an outdoor patio with outside dining, in a district zoned "SP" Site Plan
District within the following described property: Lot 2, Block 1, Northwest Plaza Addition
(1689 West Northwest Highway) 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
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 18th day of May, 2004.
ATTEST:
ORD. NO.4
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NOTE:
a SHEET NUMBER
CONDITIONAL USE REQUE5T CU04-14 15
'Z
A REQUEST TO REVISE THE PREVIOUSLY
APPROVED 51TE PLAN OF CU414-17
0
(ORD. q4-6'7) FOR A RE5TAURANT WITH
POSSESSION,
i
THE STORAGE, RETAIL
SALE, AND ON -PREMISE CONSUMPTION
OF ALCOHOLIC BEVERAGES (BEER, WINE,
AND MIXED DRINKS) SPECIFICALLY TO
ALLOW FOR OUTSIDE DINING IN PATIO
AREA.
ca
NOTE:
THE BANQUET ROOM OF LA CASA
CAFE WAS CONVERTED TO A
1630 S.F. GIFT SHOP, REQUIRING 11
FEVER PARKING SPACES. THE NEW
41q S.F. PATIO SEATING AREA (32
5EAT5), WILL REQUIRE 11 ADDITIONAL
PARKING SPACES, 50 THE NET
IMPACT OF THE PROP05ED CHANGE
ON PARKING 15 NEGLIGIBLE.
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SITE PLAN
1" 30'
NAME: LA CASA
NL"ER; CU04-14
TION: 1669 W. NORTHWEST HWY
GRAPEVINE, TX. 76051
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: OF
APPROVAL DOES NOT AUTHORIZE ANY WORM
IN CONFLICT WITH ANY CODES OR
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
DATE
5/10/04
a PROJECT
04503
x
a SHEET NUMBER
a
The Texas Bond of k6itecttral b mh ars, PD, Box 12331,
r
® S P®''
AdIn Texts 18111-2.331 or 333 kida", Sub 2350,
i
Asst n, Texas 18101-3q42 (512) has �rlsdktim
over complahts reg tIN the prof practkes of
persons registered as a chitects.
„ LIQUOR LlGEN51NG PLAN
��! SGALE 3/I6 I O
NOTE..
CONDITIONAL USE REQUE5T 0004-14 15
A REQUEST TO REVISE THE PREVIOUSLY
APPROVED SITE PLAN OF 01.1414-11(ORD. 44 b1) FOR A RE5TAURANT WITH
THE P055E5510N, STORAGE, RETAIL
SALE, AND ON -PREMISE CONSUMPTION
OF ALCOHOLIC BEVERAGES (BEER WINE,
AND MIXED DRINKS) SPECIFICALLY TO
ALLOW FOR OUTSIDE DINING IN PATIO
AREA.
TOTAL SQUARE FOOTAGE= 7755 50. FT.
AREA OF LIQUOR 5ALE5= 4,3-M 50. FT:
AREA OF LIQUOR 5ERVICE= 10'1 50. FT,
AREA OF LIQUOR STORAGE= 13 50. FT.
DINING ROOM 5EATING= 160
PATIO 5EATING= 52
TOTAL= 1112
AREA OF LIGOOR SALES _
AREA OF LIQUOR STORAGE
CASE NAME LA CASA
CASE NI"ER: CU04-14
LOCATION: 1689 W. NORTHWEST HWY.
GRAPEVINE, TX. 76051
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: OF
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
The Texas Board of Architechrd l5whers, PA. Box 12331,
Nath Texas 16111-2331 or 933 6uadop ps, Sults 2350,
h5tr4 Texas 181013N42, {512)has lrwdlon
over =Tlakts r"hy the prof�l practices of
persons rued as architects.
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w
w
o
V DATE
5/10/04
a
PROJECT
04503
SHEET NUMBER
LLP -1