HomeMy WebLinkAboutItem 03 - CU01-62 Main Street BakeryGL ITEM •
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES Or\'
MEETING DATE: NOVEMBER 20, 2001
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU01-62
I I
�— Grapevine
Dove Lake APPLICANT: Fabien Goury
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r� Y y�A' I.H. 1635
a Northwest
PROPERTY LOCATION AND SIZE:
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The subject property is located at 316 South Main
sy DFw Y 1
Street and is platted as Lots 18 and 19, Block 1, City
1 Hall -Johnson �,so Airport a of Grapevine. The subject property contains
-, r--- o approximately 3,000 square feet and has 52 feet of
- -
°' Glade Rd. frontage along South Main Street and 25 feet along
�, I _1
Barton Street.
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 and mixed
beverages) in conjunction with a restaurant.
The applicant, Fabien Goury, owner/operator of the Main Street Bread Baking Company
is proposing to expand into the front portion of the B & B Frame Shop located immediately
adjacent to the bread store to the south. This expansion will primarily consist of a seating
area of approximately 40 interior seats and 12 outside seats for patrons of the restaurant
and occasional catered events. Total seating for both the existing Bread store and the
proposed expansion is 86 seats (58 interior, 28 outside). Parking requirements for this
request is 29 spaces. Parking for this business as well as the nearby business is provided
by on -street spaces along Main Street and Barton Street to the west, approximately 75
CAZWCU01-62.4 1 November 8, 2001 (11 :22AM)
spaces in the City lot located between Texas and Worth Street as well as the City lot at
Wall and Jenkins Street. After hours the City lot located behind City Hall will also provide
the necessary parking spaces.
PRESENT ZONING AND USE:
The subject property is currently zoned "CBD" Central Business District and is developed
as the Main Street Bread Baking Company and the B & B Frame Shop.
The subject and surrounding properties were zoned "C-2" Community Business District
prior to the 1984 City Rezoning which rezoned the subject and surrounding property to
"CBD" Central Business District.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District—Tim Hogan's Carpets
SOUTH: "CBD" Central Business District—Messina's Shoe and Boot Repair
EAST: "CBD" Central Business District—City Drug, C D Ski and Sport,
Pandamonium
WEST: "CBD" Central Business District—Candle Factory, Scentsations,
Grapevine Art and Glass Gallery
The subject tract is located within both "Zone A" Zone of Minimal Effect and "Zone B" Zone
of middle effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional
Airport Environs" Map. In "Zone A," few activities will be affected by aircraft sounds except
for sound sensitive activities such as auditoriums, churches, schools, hospitals, and
theaters. In "Zone B" the following uses may be considered only if sound treatment is
included in building design: multifamily apartments, motels, office buildings, movie theaters,
restaurants, personal and business services. Single family residential and sound sensitive
uses such as schools and churches should avoid this zone. The applicant's proposal is
an appropriate use in both of these noise zones.
The Master Plan designates the subject property as a Central Business District use. The
applicant's request complies with the Master Plan.
0AZCU\CU01-62.4 2 November 8, 2001 (11:22AM)
F.."IMMOMEM
The Thoroughfare Plan designates Main Street as a Type F Collector with a minimum 60 -
foot right-of-way.
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RECEIVED
OCT 0 8 2001
°.
Y PLANN
� X A S
I A ill
IV
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name doff— applicant/ agent:
711
Street address of applicant / agent. --
.-r 26 C �,fa % S
City tate /Zip Code of app tic ant/agejnt:
7 6 C
Te ephone number of applicant/ agent Fax number of applicant/agent:
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r
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Applicant's interest in subject property:
PART 2. PROPERTY INFORMATION
Street address of subject property
Legal description of subject property (metes & bounds must be described on 8 1/2"x 11" sheet)
r l �9 l 1
Size of subject property
; x l 6) v Acres quare footage
Present zoninyyg�� classification: Proposed use of the property:
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:
Street addressof property owner,
City /State /Zip Code of property owner
Telephone num ' r of property o ner:
Fax number of property owner:
❑ 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)
❑ /n 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
d
neighborhoo .
❑ Application of site plan approval (Section 47, see attached Form 'B*).
❑ The site Elan submission shall meet therequirements of Section 47, Site Plan Requirements.
RECEIVED
❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda fdrodblid heating at
the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. p
All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may' JA"Roee 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 conditional use permit can only be approved by city
council through the public hearing process.
❑ t have read and understand all the requirements asset forth by (heap or conditional use permit and acknowledge that
alt requirements of this application have been met at the time of s al.
PART 4. SIGNATURE TO AUTHORIZE CONDITIPMAL USE REQUEST AND PLACE CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT OPERTY
Print Applicant's Name:
The State Of
Signature:
County Of 1 a /'V s-��
Before Me A�� on this day personally appeared
(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. expressed.
CSL f'��tt"t/�-�--�
(Seal) G' day of , A.D. 001
f ti�'Rr P!/B
EVA JUNE LOGAN
e -{ Notary Public, State of Texas lytic
My Commission Expires Jan. 2, 2005
Notary In And For SYe Of Texas
Property Owners Name: Propej�y Owner's Signature.,
The State Of
County Of C12 %t h V
Before Me C J 22�J on this day personally appeared_ Ly
�-�
(notary) (property owner)
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therrein, expressed.
id
(Seal) G' n R Pue day of t)C�Co �.0"CJ��---' , A.D. �OD
a ` EVA JUNE LOGAN
* Notary Public, State of Texas
+, �+ My Commission Expires Jan. 2, 2005
�r0000 Notary In And For S(a# Of Texas
_0101-6
❑ 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 I
the discretion of the stab` Based on the site 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 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:
The State Of
County Of
Signature:
Before Me 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.
(Seal) Given under my hand and seal of orrice this day of , A.D.
Notary in AndFor S�wqe Of T
Print Property Owners
The State Of
County Of
Before Me t e 2f �U YL on this day personally appeared����
(notary) (prope-rty owner)
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this q --N, day of_ U ve wt b -e.- , A.D. D D 1
"SIE A. A SON
ublic Nota in And For State Of Texas
8.19.2
�."'Y0 � GERRIE A. ANDERSON
Notary Public
+s STATE OF TEXAS
'� or �' Comm. Exp. 08.19.2002
RECEIVED
UU 0 8
PLANNING
CITY OF GRAPEVINE
SiTE PLAN APPLICATION
IT
Form "B"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent
Street address of applicantl a t.
G e- 2 -v -A OK
Cq /State l Zip Code of applicantl agent:
Tele hone nu ber of applicantl agent.
Fax number of applicantl agent
Applicant's interest in subject property:
PART 2. PROPERTY INFORMATION
Street address of subject property
Legal description of subject property (metes & bounds must be described on 6 112"x 11" sheet)
c�G%
e of subject propeertyq S 9fr
2 5 `,( { 00 Acres S uare footage
Present zoning classification:
Proposed use of the property:
G drnrt2 C-9 C vL
Give a general description of the proposed use or uses for the proposed development:
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner
1 � t/i , 1
S t address of property owner.
Ig Li U -
City l State l Zip Code of prcpVrty owner.
Telephoj number o property owner.
Fax number of property owner.
+�-/J
SI t i 31% r
HSI-
0 Attach a final plat, or replat, of the approved subdivision by city council showing property boundary lines, dimensions, easements, roadways, rail
lines, and public rights -of way crossing and adjacent to the tract (1 blueline copy)
Q If a master development plan is required, attach a statement showing the proposed use substantially conforms to the master development plan.
Q Submit a site plan showing all information required by Section 47.E., Site Plan review requirements (see attached requirements).
0 Provide all required information demonstrating compliance with all conditions imposed on any conditional use, site plan zoning, or conditional use
zoning.
O All site plans must conform to the approved concept plan. Any changes to a site plan, approved with a conditional use or a conditional use, can
onry be dpprvvvu u cn cuurrcu urruu rt ure uurru 116afflig piUccaa.
4
REC
PART 4. SIGNATURE TO AUTHORIZE FLING OF INAL SITE PI_A
Print Applicant's Name: Applicant's Signature:
j 1
The State Of to L S
County Of
�t SO F) on this day personally appeared
Before Me (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.
(Seat) Given under m hand and seal of office this (t) day of CC 4 j �E' AD. �� {
«*Y°�a� SUSAN HOWARD
= Notary Public �JY
°,'+� State of Texas lv ary !n And For State Of Texas
of Comm, Exp. 3 30 2005
Print Property Owners Name:
c
The State Of
County Of
Before Me
(notary)
Property Owner's Signature:
on this day personally appeared
(property owner)
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seat) Given under my hand and seal of office this day of
A.D.
Notary to And For State Of Texas
RECEIVED
ACKNOWLEDGEMENT
OCT 0 8
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
unci/ created by city staff shall not be considered a part of the four month period.
I have read and understand all of the requirements as set forth by the application for
conditional use or specia per'ntit•- d acknowledge that all requirements of this
application have been at the time of submit
Signature of App
Date: 10 - 01q- 6-,(
Signature of Owner
Date: I c -c> -- 0 q -- —
1.1
Y
p� SIGNATURE TO AL
The State Of
County Of
Before Me
(notary)
Rt?_E FILING OF A FINAL SITE
Signature:
Gv�t-l:7z-
on this day personally appeared
(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 office this day of , A.D.
Property Owners Name:
The State Of
—
CountyOf ✓�QLi C
�� t�t'i e J li t c1 B/"5y rl on this day personally appeared �(� b
Before Me � (props owner)
(notary)
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 tome that he executed the same for the purposes and conside tion therein expressed.
(Seal) Given under my hand and seal of office this —9 day of c� t/e vi ! bar A.D. O -L-.
d For State Of Texas
GERRIE A. ANDERSON
Notary Public
STATE OF TEXAS
Comm. Exp. 08.19.2002
5
0
��777I�L\►L�►L+
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 CU01-62 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
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 ofwidth 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
3 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. CU01-62 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 (Main Street Bread Baking Company) in a
district zoned "CBD" Central Business District Regulations within the following described
property: Lots 18 and 19, Block 1, City of Grapevine (316 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.
ORD. NO. 3
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.
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 20th day of November, 2001.
ATTEST:
ORD. NO. 4
FAISIZIO • • •'
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NOTES:
A. Conditional Use Request CUO f -G2 is a
request to allow the pbssession, storage,
retail sale and on -premise consumption of
alcoholic beverages (beer, Nine * mixed
drinks) in conlunct4on with a restaurant.
B. The entire site is on the premise.
CASE NAME: Main Street Bread Baking Company
CASE NUMBER: Conditional Use Request CUOI-62
LOCATION: 316 S. Main Street
Lot 18, Block 1, City of Grapevine
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: 1 OF 1
APPROVAL DOES NOT AUTHORIZE ANY WORK IN
CONFLICT WITH ANY CODES OR ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
y Floor Plan Elevation
Scale: I / I G" = 1 1-0" Scale: 3/1 G" = P-011