HomeMy WebLinkAboutItem 01 - CU03-35 Baja Mexican GrillC c mim 0
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER,/RY,/
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: OCTOBER 21, 2003
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU03-35, BAJA MEXICAN
GRILL
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APPLICANT: David Fisher
PROPERTY LOCATION AND SIZE:
The subject property is located at 1212 William D.
Tate Avenue and is platted as Parcel E, Grapevine
Towne Center Addition. The addition contains 1.27
acres. The property has approximately 255 feet of
frontage along William D. Tate Avenue.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a revision of the approved site plan of CU01-45 (Ord No 01-
72) for the possession storage retail sale and on -premise consumption of alcoholic
beverages (beer, wine and mixed drinks) in conjunction with a restaurant specifically to
enlarge the site the site andprovide a take-out counter,
take-out�unter,
The applicant is proposing to expand into the adjacent space currently occupied by a dry
cleaners facility. The 840 square foot space will be used for a take-out counter for the
existing restaurant.
PRESENT ZONING AND USE:
The property is currently zoned "CC", Community Commercial District and is developed
0:1ZCU\CU03-35.4 2 October 7, 2003 (11:06AM)
with a shopping center.
11
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and the area to the south and west was rezoned from "C-2"
Community Business District to "CC" Community Commercial District during the 1984 City
Rezoning. Six 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. The
zoning for the areas to the north and east were not changed during the 1984 City
Rezoning. 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 — vacant restaurant
SOUTH: "CC" Community Commercial District — Joanne's Super Store, Arby's,
Jack -in The -Box, Luby's Cafeteria, and Fina
EAST: "CC" Community Commercial District, "GU" Governmental Use District,
and "HC" Highway Commercial District — Firestone, Silver Fox, U.S.
Post Office, Midas Muffler, Kentucky Fried Chicken
WEST: "CC" Community Commercial District — vacant
0 1 V
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
OAMLACU0335.4 3 October 7, 2003 (3:02PM)
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.
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0:/zcu/CU01-45.4 1 October 7, 2003 (11:06AM)
CU03-35
Baja Mexican Grill
auo3-35!
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1'LANNING
CITY OF GRAPEVINE
V
TV CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant / agent:
AVID 9*Hft . - ID rl$
Street address of applicant / agent:
X9 C�r4 5 PG
City / State / Zip Code of applicant /i !l L
Telephone number of applicant /agent., Fax number of applicant /agent.
Q70- 003• g1/40 1 = Zo • q87®
Applicant's interest in su lett property: "f
PART 2. PROPERTY INFORMATION
Street address of subject property
1 ?4(Z WrIII tt D • 'e®
Legaldescription of subject property�tes & bounds must be described on 8 1/2" x 11"sheet)
'1/1� /!�/i DI770�/
Size of subject property
270Acres Square footage
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Present zoning classification: Proposed use of the property:
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Minimum /maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property ownerwa
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Street address of property owner "wldr
City / State / Zip Code of property owner: ^� /
Telephone number of property owner
Fax number of property owner.
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❑ 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)
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❑ 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 the
neighborhood.
❑ Application of site plan approval (Section 47, see attached Form 'B' .
� 1. ..: , „f cerin, x7 �itp Pian Requirements. and Section 45_E.
.t The site pian submission snau meet o« lagu„-,,, 11- ,, .. _.- . --,-
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❑ All conditional use and conditional use applications are assumed to be complete when filed and wil 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'
public
hearing. Public hearings will not be tabled.
❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or conditional use permit can only be approved by city
council through the public hearing process.
❑ 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and 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's Name: Applicant's Signature:
The State Of
County Of
Before Meon this da
(not ) Y Personally appeared—
( licant)
known to mei%(49 �� �66``torp)e on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowl@oQ`�ibd1"# '
••••�•• cuted the same for the purposes and consideration therein expressed.
(Sealrtiticr��P •.��31 of office this .0-' r day ofA.D.
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•'.kAU1HE5�.•• • 1� ry In And ForState exas
Print Prope � Name: Property Owner's Signature:
The Slate Of
County Of y P A\
BeforeMe Mfr k V— L\ on this day personally appeared r l
(notary) ( roperty 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 consideraattion -therein a essed.
(Seat) Given u y of �-7T1.J1 A.D. Zl.
MELISSA HERD
Notary Pu W. Std
MY Coto 111890n�'�'0•z0Notary I And For state Of Texas
V1
DAVID FISHER + ARCHITECTS
Architecture - Interiors - Planning
September 29, 2003
Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Re: Baja Mex Grill
CU03-35
To Whom It May Concern:
We are requesting approval for an approximate 840 sf addition to the above referenced use.
The proposed use for the addition will be for a Taqueria and food only take-out service. The
space will be considered an area of consumption.
Respectfully,
A
David M. Fisher
RECEIVED
SEP 2 9 2003
PAGE ..... OF....
362 Oaks Trail, Suite 130 Garland, Texas 75043 (972) 203-8110
o -
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 CU03-35 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2001-72 TO ENLARGE THE RESTAURANT SITE AND
PROVIDE A TAKE-OUT COUNTER 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
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
0 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. CU03-35 to allow a revision of the approved site
plan of Ordinance No. 2001-72 for the possession, storage, retail sale and on -premise
consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with
a restaurant (Baja Mexican Grill), specifically to enlarge the site and provide a take-out
counter in a district zoned "CC" Community Commercial District Regulations within the
following described property: Parcel E, Towne Center Addition (1212 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. 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. 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 21 st day of October, 2003.
ATTEST:
ORD. NO. 4
._- NOaTHNEaT nfyp_AY _
Of
6WAPEV1NEr TEXAS
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DA<L A3/fDRt WORrN
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VICINITY MAP
FLOOR PLAN
�2 SCALE: 1/8"= 1'-0"
PARCEL'D', TOWNE CENTER ADDITION (Vol.388-135. Pg.2, D.R.T.C.DJ
N 35°20'47" E 123.93'
7 S ACES[ao MASONR
i WITH CC
y CONC.WALK�� ,\
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AS SHOWN
PARCEL E
EXISTING ONE STORY RETAIL BLDG.
15,971 SQ. FT.
19 \ pp
EIEC. oG
METER o
BOX l ��
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W.V.
WATER
METERS
GREASE 00 nom'
'iRAPO p
GAS MH �' a
METER 0 i C
BAJA MEX GRILL
Take - Out
Appro, 840 S.F.
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<— CONC. W LK LIMIT OF OVEF
[ - ASPHALT PAVING —,
5 R.L.
I I I I I 1 1 22 6PACF1S I I I
10' CURB _j CONC. CURB 10' CURB
NLET NLET
WILLIAM D. TATE
(F. M. HIGHWAY NO. 157 )
CU03-35 is a req est for approval of a revision of the approved site plan f CUOld5 (Ord.
No. 01-72) for the po—sion, storage, retail sale and on -i emise comoa pt of ahohotic
beverages (beer wine, and mixed drinks) I. conjunction with a restaurant, specific lly to
enlarge the site aad provide a take -ow couater, located at 1212 William D. Tate Avenue on
the revised site plan.
General Notes:
• The current land usedesignation as contained in the Comprehensive Master Plan is
Commercial.
• All requirements of Section 25, Community Commercial District shall be met.
• AB requiremeum of Seetmn 56, Off Street Parking Requirements shall he met
•
All requirements of Section 60, Sign Standards shall be met.
BCC - OLYMPIC
Vol. 8265 pg, 2239 DA. T C.T.
BAJA MEX GRILL
S 35°20'47" W 255.0'
WATER
(yam VALVES <
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1 SITE PLAN
gee 01 SCALE: V=20'
GRAPEVINE RETAIL CENTER
PARCEL 'E', TOWN CENTER ADDITION
1212 WILLIAM D. TATE
GRAPEVINE, TEXAS
SITE DATA
ZONING: COMMUNITY COMMERCIAL
LOT AREA: 55.324 S.F. - I.270 AC.
BUILDING AREA: 15,971 S.F.
PARKING:
REQUIRED: RETAIL @ 1 200 - 80 SPACES
REQUIRED ACCESS.: 4 SPACES
PROVIDED: STANDARD -76 SPACES
ACCESS. - 4SPACES
TOTAL 80 SPACES
MIMI,,
IS'CURB
,
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NLET
L18""-
" IP.F.
" I.P.F.
POINT OF BEGINNING
NORTHEAST CORNER OF THE
TOWNE CENTER ADDITION
Vol, 388-135, Pg. 2, D.R.T.C. f.
CASE NUMBER: CU03-35
CASE NAME: Baja Mexican Grill
CASE ADDRESS: 1212 William D. Tam Avenne
LOTIBLOCK, ADDITION: Parcel E, Towne Center Addition
Mayor Secretary
Date-.
PLANNING AND ZONING COMMISSION
Chairman
Date:
SHEET I of I
APPROVAL DOES NOT AUTHORIZE ANY WORK
CONFLICT WITH ANY CODES OR
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
;ELL V" MY now
BYISIONS
16T CGNTsrrrs:
ATB: kuGun a, 2003
SHEET NO.
1.01
IF+A JOB NO.: 0: