HomeMy WebLinkAboutItem 05 - Vidorra
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
ERICA MAROHNIC, DIRECTOR, PLANNING SERVICES
MEETING DATE: SEPTEMBER 17, 2024
SUBJECT: PLANNING SERVICES TECHNICAL REPORT OF CONDITIONAL
USE APPLICATION CU24-34; VIDORRA
APPLICANT: James Faller – Milkshake Concepts
PROPERTY LOCATION AND SIZE:
The subject property is located at 700 West State
Highway 114 and is platted as Block 1, Lot 5RB1,
Hayley Addition. The addition contains 1.84 acres
and has approximately 223 feet of frontage along the
West State Highway 114 service road.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan CU22-22 (Ord. 2022-039) to allow the possession, storage, retail sales of on- and off-
premise consumption of alcoholic beverages (beer, wine, and mixed beverages), outdoor
dining, outdoor speakers and a 38-foot pole sign in conjunction with a restaurant. This
request is specifically to modify the existing floor plan to relocate alcohol storage and revise
exterior building elevations to enclose the existing outdoor dining area.
The applicant intends to revise the floor plan, shifting the alcohol point of sale area, and
revise the wall signage of the existing Hoffbrau Steak & Grill House to accommodate a new
restaurant, Vidorra. In addition to floor plan changes, the applicant is proposing to enclose
the existing 1,354 square foot outdoor dining area and revise the west building elevation.
Overall, the proposed floor plan with the expansion can accommodate 369 occupants. One
hundred twenty-three (123) parking spaces are required, and 145 parking spaces are
provided. Two outdoor speakers are proposed at the main entrance of the restaurant
located approximately 115 feet to West State Highway 114. The existing pole sign,
currently 38-feet-tall will remain and will be refaced.
CU24-34.4 2
PRESENT ZONING AND USE:
The property is zoned “HC”, Highway Commercial District and is developed as a restaurant,
formerly Hoffbrau Steak & Grill House.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject site was rezoned in the 1984 City-wide Rezoning from “C-2”, Community
Business District and “I-1”, Industrial District to “HC”, Highway Commercial District.
• On October 20, 1987, City Council approved CU87-07 (Ord. 1987-70) for a planned
commercial center to allow a Kentucky Fried Chicken restaurant, a Wendy' s
restaurant, a Mobil gas station, and a Movies 8 Theater.
• On December 19, 1989, City Council approved CU89-17 (Ord. 1989-92) approved
the development of restaurant (Tia's Tex- Mex) with on premise sales and
consumption of alcoholic beverages, and a 40 -foot pole sign along State Highway
114 West.
• On July 16, 1991, City Council approved CU91-14 (Ord. 1991-45) allowed the
development of a restaurant (Romano’s Macaroni Grill) with on premise sales and
consumption of alcoholic beverages and a 40-foot pole sign in the place of Tia’s
Tex- Mex restaurant.
• On October 21, 1997, City Council approved CU97-49 (Ord. 1997-115) for a 730
square foot expansion of Macaroni Grill.
• On December 12, 2001, the Site Plan Review Committee (SPRC) approved CU01-
66 to allow for a 150 square foot expansion to the existing restaurant for a to-go
area.
• On July 15, 2014, City Council approved CU14-27 (Ord. 2014-40) to amend the
previously approved site plan for a planned commercial center with the possession,
storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine,
and mixed beverages) specifically to revised the building elevations, allow outside
speakers, outside dining and a 38-foot pole sign in conjunction with a restaurant
(Brick House Tavern & Tap).
• On Jun 21, 2024, City Council approved CU22-22 (Ord. 2022-039) to amend the
previously approved site plan for a planned commercial center, specifically to allow
the possession, storage, retail sales of on and off premise consumption of alcoholic
beverages (beer, wine and mixed beverages), outdoor dining, outdoor speakers and
a 38-foot pole sign in conjunction with a restaurant (Hoffbrau Steak & Grill House).
CU24-34.4 3
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: “HC”, Highway Commercial District – Ball Street electric substation
SOUTH: “CC”, Community Commercial District – State Highway 114
EAST: “HC”, Highway Commercial District – P.F. Chang’s restaurant
WEST: “HC”, Highway Commercial District – Pappadeaux Seafood Kitchen
restaurant
AIRPORT IMPACT:
The subject tract is located within “Zone A” Zone of Minimal Effect and “Zone B” Middle
Zone of Effect as defined on the “Aircraft Sound Exposure: Dallas/ Fort Worth Regional
Airport Environs” Map. Few activities will be affected by aircraft sounds in “Zone A” except
for sound sensitive activities such as auditoriums, churches, schools, hospitals, and
theaters. The applicant' s proposal is an appropriate use in this noise zone. 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 this
noise zone.
MASTER PLAN APPLICATION:
Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property
as a Commercial (CO) land use. The applicant’s proposal is compliant with the Master
Plan.
THOROUGHFARE PLAN APPLICATION:
The City of Grapevine’s Thoroughfare Plan does not designate West State Highway 114 as
a local thoroughfare with a width determined by TxDOT.
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BALLSTREET
SUBST
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1562HHAYLEY
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17583 1.2653 @
.9125 AC
1.3256 @
1.8365 @
1.9486 @
3.9569 @
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5RB1
5RB2A
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OLD ABANDONED RDHC
CC
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WSH114 WB
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WSH114TOLLWB
WSH 114 FR WB
CU24-34; Vidorra
700 West State Highway 114
0 50 100 150 200
Feet
²
Date Prepared: 8/26/2024 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were
used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is
given or implied as to the accuracy of said data.
SUBJECT
PROPERTY
ORDINANCE NO. 2024-082
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU24-34 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN CU22-22 (ORD. 2022-039) FOR A PLANNED
COMMERCIAL CENTER TO ALLOW THE POSSESSION,
STORAGE, RETAIL SALES OF ON- AND OFF- PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE, AND MIXED BEVERAGES), OUTDOOR DINING,
OUTDOOR SPEAKERS AND A 38-FOOT POLE SIGN IN
CONJUNCTION WITH A RESTAURANT. THIS REQUEST IS
SPECIFICALLY TO MODIFY THE EXISTING FLOOR PLAN
TO RELOCATE ALCOHOL STORAGE AND REVISE
EXTERIOR BUILDING ELEVATIONS FOR BLOCK 1, LOT
5RB1, HAYLEY ADDITION (700 WEST STATE HIGHWAY
114) IN A DISTRICT ZONED “HC”, HIGHWAY COMMERCIAL
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); 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 and 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
Ordinance No. 2024-082 2 CU24-34
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
Ordinance No. 2024-082 3 CU24-34
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 CU24-34 to amend the previously approved site plan CU22-22
(Ord. 2022-039) for a planned commercial center to allow the possession, storage, retail
sales of on- and off- premise consumption of alcoholic beverages (beer, wine, and mixed
beverages), outdoor dining, outdoor speakers and a 38-foot pole sign in conjunction with a
restaurant. This request is specifically to modify the existing floor plan to relocate alcohol
storage and revise exterior building elevations in a district zoned “HC”, Highway
Commercial District within the following described property: Block 1, Lot 5RB1, Hayley
Addition, (700 West State Highway 114) 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. That 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. That 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
Ordinance No. 2024-082 4 CU24-34
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. That 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. That this ordinance shall become effective from and after the date of its
final passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 17th day of September 2024.
APPROVED:
________________________________
William D. Tate
Mayor
ATTEST:
_________________________________
Tara Brooks
City Secretary
APPROVED AS TO FORM:
_________________________________
Matthew C.G. Boyle
City Attorney