HomeMy WebLinkAboutItem 03 - CU02-01 Chixmex(�,Grmmi 3.1
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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'O"
MEETING DATE: FEBRUARY 19, 2002
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU02-01
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Grapevine 5? '
Lake APPLICANT: Jeane Pendery on behalf of ChixMex,
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�c yA i. H. 1635
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PROPERTY LOCATION AND SIZE:
�ood5
"e,� 5 The subject property is located at the Dallas/Fort
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sti oFw m I
Worth International Airport, Terminal A, Location 37,
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Ha„Johnson d6, Airport between columns 124 and 126.
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Glade Rd. m i
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a Conditional Use Permit to allow the possession, storage.
retail sale, and on -premise consumption of alcoholic beverages (beer, wine mixed drinks)
in conjunction with an existing restaurant (Los Amigo's) at the Dallas / Fort Worth
International Airport.
PRESENT USE:
The property is currently developed as the Dallas/Fort Worth International Airport.
AIRPORT IMPACT:
The subject tract is partially located within "Zone C", zone of greatest effect, as defined on
the "Aircraft Sound Exposure: Dallas /Fort Worth Regional Airport Environs" map. Industrial
and commercial uses that can tolerate high levels of sound exposure are appropriate in
\ZCU\CU02-01.4 1 February 10, 2002 (3:00PM)
0 "Zone C". The proposed use is appropriate for this noise zone.
E
The Master Plan designates the subject property as governmental land use. The existing
property is developed in compliance with the Master Plan.
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\ZCU\CU02-01,4 2 February 10, 2002 MOOPM)
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RECEIVED
L
VINE PLANNING
T " 8 CITY OF GRAPEVINE
TA
CONDITIONAL USE APPLICATION
Farm "A"
PART 1. APPLICANT INFORMATION
Name of applicant /agent
ChixMex, Ltd.
Street address of applicant /agent:
8008 Cedar Springs Road, Lock Box 19
City / State / Zip Code of apprkant / ageni.
Dallas, Texas 75235
Telephone number of applicant 7 agent:
Fax number of applicant / agent:
214/353-3959
214/353-3963
Appricant's interest in subject property: Applicant currently operates a restaurant in this location
called Los Amigos. Applicant plans to serve alcoholic beverages at the restaurant
PART 2. PROPERTY INFORMATION
Street address of subject property
Dallas/Fort Worth International Airport, Terminal A, Location 37. (A37)
Legal description of subject property !metes & bounds must be described on 8 112'x 1 J" sheet)
N/A
Size of subject property
Acres Square footage
Present zoning classification: Proposed use of the property:
restaurant restaurant serving alcoholic beverages
Minimum / maximum district size for conditional use request:
N/A
Zoning ordinance provision mgidring a conditional use:
Section 38.C.6
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner
Dallas/Fort Worth International Airport Board
Street address of property owner.
3200 East Airfield Drive, P.O. Drawer 619428
CRy / State l Zip Code of property o caner.
Dallas/Fort Worth Airport, Texas 7_5251
_
Telephone number of property owner. Fax number of property owner.
972/574-8435 972/574-8069
0 Submit a tetter descrfbing the proposed conditional use and note the request on the site plan document
O /n 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)
U In the some letter, describe whether the proposed conditional use will, or wil not cause substantial harm to the value, use, or enjoyment of other
property in the neighborhood. Also, describe how the proposed conditional use wilt add to the value, use or enjoyment of othor property in the
neighborhood.
❑ Appricotion of site plan approval (Section 47, see attached Form "8'),
❑ The site plan submission shah meet the requirements of Section 47, Site Ran Requirements.
RECEIVED
JA N 0 7 20p
C3 Ail emr*ionai use and condifronal use applications aro assumed to be complete when filed and will be placed on the e�{�pe�b � Naering at
the discretion of the staff. Based on the sire of the agenda, your application may be sehemed to a later date. YY �l YY
U AN public hearings wol be opened and testimony phren by applicants and interested citizenry. Public hearings maybe continued to the n6fpublic
hoaxing, Public hearings will not be tabled.
0 Any charges to a site pian (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.
O t have read and understand all the requirements as set forth by the appfication for conditional use or conditional use permit and acknowledge that
all requirements of this a lication hevo boon 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: Applies s Signature:
ChixMex, Ltd.
MexChik, Inc., general partner
By: Gilbert Aranza, president
The state of Texas
County ot_Dal as Gilbert Aranza, president o
Bofore h* Teane S Pendery on this day personally appeared MexChik, Inc. , general part 7
(notary) (appAcan0of ChixMex,
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.
rse derjEaN IFM5N DERYs }� dayof January A.D. 2002
Notary Public, State of ?exits
My Commission Expires 1/10/04
V7)�nn�Rnr.i -
Wary M And For State Of Texas
Dallas/Fort Worth International
nt Property Owners Marne. -Airport Board Property Owner's Signature:
rhe state of Texas
County Of
gefofe kk on this day personally appeared
(notary) (Property ()-let)
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 office this day of , A.D.
Notary in And For state Of Texas
er
Ltd.
FROM : PENDERY 214-353-9175
FAX 03 2002
C)OC-17-02 09;47A Deve l aptnent Sury 1 ces 817 410 3018 CES �3
LA N 0 'JO?
. P
A#conm-Tonalum and carxWonaluae a ;M" ns aro easumed to oamPWr when bbd and wAlbe placed on the agenda f0rwuwN&vw at
tha d)sctetian ad the atgfi Based oft the sue Of the &panda, your rrpolke on may be Wvd~ fo a lator datp,
U AN pubk hearrnps VA be goanod and t9stfmmr,y pwwr ay apprwants and hrtantstad cW#nrv, i'uork ae0d"0$ may be continued to the na)1 pUb/tG
ANriny. PW -c has ma wilt 1W be tatwed.
Q Any dwV" to a aRa pran (no maew now minor or nAW) appro wan a condebnrtl ufe or eondidonal use permd can o y be approved ay al y
ooumfl thrauyh the public hawho process.
0 t hero read w4 undersload ad Uto xqutmmor to as set forth by ft appficab m for coKllional toe or aondttio W use pen* and adtnow$uV@ Mat
A# M"ftm" of this how bo" MW at the ow of subm?lt k
PART A, SIGNATURE TO AUTHORIZE CONBi ORAL USE REQUEST AND PLACE A CONDITIONAL SE
REQUEST SIGN ON THE SUBJECT PROPERTY
t7intApplicent'sNamo. ,4pptica a5pnature:
ChbftXr Ltd.
By: Mexnik, Ina ,eq neral rtner _
By: Gilbert Aranza, presleentno state c►t�7�s
County of fla 11 as
- Gilbert Aranza, president oF
sofo+e At wane S, �1 rs
v on this dwpo nlnwly appoamcr Mw Chik, Inc . , general er
rappnttn0of�rijd;re—x, Lt
keo»77 to mo (or pooved to ma on rba oath ot card or othar documon() to be the pomon whose name )4 s:dnsctwd to the roregoing tnatrrmaM and
$ckttowf#d9dd to me flan he executed the name WMe Pwv000a and =mdcm*orr therein expnesaed.
!Sca# GNen under my hand and SaW ofollke this.._ day of January , Aa 2002
04 In And For State xxr �r
Dallas/Fort Worth Tnternational-Prl,
nt 6w=Wam*Airport Boar rnpmrtY own re;
The state Of TMs
ccwty of F4 11 CA
ttoiaroffo-Dr r,0�5 ,•_1.�ct Yv� _onthisdayPermnweppwred4-Irle'-k- u- eIt. i
(041y) (Pmpany c
known to me (or Proved to me on the oath of cant or orhor documerrO b be the person r,hOW name is sUbscil6ed to theforego/ng »strtrr, and
aaknowfedoo d to me that ho ta=Wod rho 99,M for rho pwvoaoa and oo:rsiobroaon thorain ar Mwed.
z .
r8#0 Ghon unwmy hand and so* ofofte this `7` 'S' day or - AZy AX,,
DOROTHY A GRAHAM t/� '•—"
Notary Pu6tie, State of Texas
My Commission Expires 09.26.02 �W40inAnd�For of mass
1.
FRCO1 : PENDERY 214-353-9175 FAX NO. :
Dec -17-01 09:49A Development Services
. i •
I 2002 09 w•
817 • 3018
PLANNING
All Conditional Use and Special Use Applications are assumed to be complete when filed and
will be placed an 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 headngs 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 m&4 approved with a conditional use or
a special use permit can only be approved by city councli through the public hearing process.
Any application for a change In zoning or for on amendment to the zoning ordinance shall
have, from the date of submiffei, 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 tiling fees. The application,
along with the required filing fee may be resubmitted any time thereafter for reconsidmuon.
Delays In scheduling appiicetions 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 for
conditionaf use or special use permit and acknowledge that aft requirements of this
application have been met at the time of submittal.
ChikKex, Ltd. BY: Me3ochik, Inc. general partner
Signature of Applicant
By: Gilbert Aranza, president
Da13
Signature of Owner By:
Date` 04 /012-
Worth
w•Ak Cw. •
I
ACKNOWLEDGEMENT
RECEIVED
JAN 0 7 2002
PLANNING
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. .
ChixMex, Ltd. By: MexChc, Inc. general partner
Signature of Applicant -----�
By: Gilbert Aram , pre
Date: Jwida� t 2ooz
Dallas/Fort Worth International Airport Board
Signature of Owner By
Date:
CIXEX, LTD.
8008 Cedar Springs Road, Lock Box 19
Dallas, Texas 75235
214/353-3959 Fax 214/353-3963
January 7, 2002
City of Grapevine
Development Services
Planning Division
200 South Main Street
Grapevine, Texas 76051
RE: City of Grapevine Conditional Use/Site Application
Dallas/Fort Worth International Airport
Terminal A, Gate A37, Between Columns 124-126
Dear Sir:
RECEIVED
PLANNING
We currently operate a Mexican food restaurant under the tradename "Los
Amigos" at the above referenced location and propose to add alcoholic beverage service
at the -restaurant. The exact location is shown on the attached site plan.
The proposed use as a restaurant serving alcoholic beverages will not cause harm
to the value, use or enjoyment of other properties at Dallas/Fort Worth Airport. The
addition of alcoholic beverage service at this location will add to the enjoyment of
travelers by maintaining a place to relax, enjoy Mexican food and obtain alcoholic
beverages.
Thank you for your assistance.
Sincer ly, I
Gilbe ranza
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 CU02-01 FOR THE
POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH
AN EXISTING RESTAURANT IN A DISTRICT ZONED "GU"
GOVERNMENTAL USE 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
ORD. NO. 2
particular piece of property is needed, is called for, an 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.
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. CU02-01 to allow the possession, storage, retail
sale, and on -premise consumption of alcoholic beverages (beer, wine, and mixed
beverages) in conjunction with an existing restaurant (Chix Mex, Ltd.) in a district zoned
"GU" Governmental Use District within the following described property: Dallas/Fort Worth
International Airport, Terminal A, Location 37, Columns 124 through 126, 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 "N', 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 19th day of February, 2002.
15TATJONZINAM
ATTEST:
ORD. NO. 4
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DATE. J-- 1,1002
2 efl.TERMINAL FUNCTIONAL LAYOUT LEVEL 2
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APPROVAL DOES NOT AUTHORIZE ANY WOM X&E- t- 60--0-1
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SITE PLAN OF CHIXMEX, LTD.
TRADENAME: LOSAMIGOS
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TERMINAL A, GATE A37.
BETWEEN COLUMNS 124 AND 1261
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Date orsabmiqsi: January7,2002
TERMINAL FUNCTIONAL LAYOUTS
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SITE PLAN OF CHIXMEX, LTD.
TRADENAME: LOSAMIGOS
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TERMINAL A, GATE A37.
BETWEEN COLUMNS 124 AND 1261
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Date orsabmiqsi: January7,2002
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126
125
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124
NOTES:
I. C'AMIitiKmal Use Request f IM. sale. storage and on
premien cans°mpiml o(akdlDLc N,,C ges(Mer. wine. mixed drinks).
T M mlirt sitt is the premien. nlcuhuiic Mvem>Ks can M sold, sened pfd
.Ttsnmcd in the milt¢ pmmi— t-- as -I.. Amig-'*
J ,VmhPl ix stored in the locminnv indicneJ nn the site rixn.
CASE FAME E h1 atex. Ltd.
CASE NUMBER.
LOCATION- 11411 I I lianas .Airport
t nnl A.I.Hr AJ'BHwexn CVxmn+l2Jan111!A
MAYOq 8ECgeTARY
DATE -
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:2+�—WRn T 21412
SAELT _ CR -2
APPROVM DOES NOT AUTHORIZE ANY WORN ;
IN CONFLICT NTH ANY CODES OR
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
AN OF CHIXMEX, LTD.
TAME: LOS AMIGOS
IAL A, GATE A37,
'WEEN COLUMNS 124 AND 126
Ihmillal: January 7, 2002
!'
ro THE em a Pw3; wD.s an3Er a xwWltoa
III[ AS Bun.T COpa3lnOKt 91014 di TNn ORAMNO
O0IRDAJIf AN ACLLRATE t COMPtFiL OfA1CIlOW
a THE MITRIDI M rRa IN33 MEnON K THE
' "m "a ACT"Av naTAltm.
ROM0. MC.
p 2•f2.9F
1