HomeMy WebLinkAboutItem 04 - CU02-44 Cliff's Star Neighborhood Grilll
N_ #_ 3
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER)/
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: OCTOBER 15, 2002
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU02-44 CLIFF'S STAR
NEIGHBORHOOD GRILL
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APPLICANT: Shawn Morrisson
PROPERTY LOCATION AND SIZE:
The subject property is located at 1900 S. Main
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°ro Street, Suite 100, and is platted as Lot 11, Block 6,
Airport a Metroplace 2nd Installment. The addition contains
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6.97 acres. The property has approximately 260 feet
-L of frontage along South Main Street and 760 feet of
frontage along Mustang Drive.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting of a conditional use permit for the possession storage and
retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed
drinks) in conjunction with an existing restaurant.
Cliffs Star Neighborhood Restaurant has been operating in the Stacy's Furniture building
since May 2001. The applicant is requesting on-site alcoholic beverage sales and
consumption in the existing restaurant. There are no changes to either the floor plan or
the building elevations included with this request.
PRESENT ZONING AND USE:
The property is currently zoned "CC", Community Commercial District and is developed
0Jzcu/CU02-44.4 1 October 8, 2002 (1:08PM)
0 with a multi -tenant retail building.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and the surrounding area to the north, east and west were rezoned
in the 1984 citywide rezoning from the 1-1", Industrial District to the "PID", Planned
Industrial Development District. The subject property and the property to the north, east
and west was rezoned in 1993 (Z93-04, Ord. No. 93-19) from the "PID", Planned Industrial
Development District to the "CC", Community Commercial District. The property to the
north received conditional use permits for the Planned Commercial Center of Metroplace,
2nd Installment, allowing for the development of EI Fenix Restaurant (CU93-16), Tony
Roma's (CU94-12), China Coast (CU94-23), Olive Garden (CU94-24), and Joe's Crab
Shack (CU97-23) with on -premise consumption of alcoholic beverages. The China Coast
Restaurant was never constructed. Joe's Crab Shack amended the approved site plan in
1997 to allow the addition of an outdoor playground area.
The site to the east was rezoned in 2001 to "BP" Business Park district and remains
undeveloped. The site to the south is part of D/FW Airport.
The subject site was developed with a multiple tenant retail building in 2000 (Stacy's
Furniture building).
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC", Community Commercial District — Vacant and Holiday Inn
Express
SOUTH: "GU", Governmental Use District — D/FW Airport
EAST: "CC", Community Commercial District — Vacant
WEST: "BP", Business Park - Vacant
The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft
Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. 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, and 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.
W„ Oazcu/CU02-44.4 2 October 8, 2002 (1:17PM)
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as Commercial. The proposed use
complies with this designation.
The Thoroughfare Plan designates South Main Street as a Type D Minor Arterial with a
minimum 75 foot right-of-way developed as four lanes and Mustang Drive as a Type B
Major Arterial with a minimum 80 -feet of right-of-way developed as four lanes with a
median.
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0:/zcu/CU02-44.4 3 October 8, 2002 (1:08PW
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DFW AIRPORT BOUNDARY
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PART 1. APPLICANT INFORMATION
Name of applicant / agent:
Street address of applicant / agent: C "
\Ct0o S M�\�A V
CJS
SEP G 3 20.0?
CONDITIONALCITY Ort'AAPEVINE
APPLICATION
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City/State /Zip Code of applicant /agent:
� M �-\l kN L i Y 7 d
Telephone number of applicant / agent:
X �A\V Uo 8
Applicant's interest in subject property.
IE -N U All ()11-)2 1 }CYC
PART 2. PROPERTY INFORMATION
Street address of subject property
19 00 s. R
Legal description of subject property (metes &bounds must be described on 8 1/2" x
R -o P G ACS. ?-"I' t�,J S i g L'- NkkN C
Size of subject property
l((� ((9 � Acres
....ifi—f ,,. Proposed use of the property:
for conditional use
a conditional use:
number of applicant/ agent.
i-► 4 \ 10- 0
-z.`70
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PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.
JRM)E � \ C IAE IN� � 7
Street address of property owner.
City / —state/ Zip code of property owner
GR P \W�- -�X 7�I)s
Fax number of property owner.
Telephone number of property owner, 1-7 ol, t� t _ O
❑ 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)
lwill, l tto the value, use, or enjoyment of
other
❑ In the same whether or enjoyment of other property n the
property in neighborhood. describe the proposed conditional add to the vcause alue, use
neighborhood.
❑ Application of site plan approval (Section 47, see attached Form B' .
❑ The site plan submission shall meet Lhe requirements of Section 47, Site Plan Requirements.
RECEIVED
AI! conditional use and conditional use applications are assumed to be complete when tiled and will be placed on the ge da fo lic hearing at
discretion of the staff. Based on the size of the agenda, your appricalion may be scheduled to a tater date.
AJ1 public hearings will be opened and testimony given by applicants and interested citizenry. Pubrx; hearings mp k rl s4*,oGthe 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 as set forth by the application for conditional use or conditional use permit and acknowfedge that
alt requirements of this application have been met at the lime 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:
0
The state Or �f K(15 -
County Of %,('A --- /"fCC
Betixe Me _ ( t�n� 1 f' f Ili if r on this day personally appeared 15111 W n
(notary) (applicant)
known to me (or proved to me on the oath of cans 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 cons Weration therein expressed.
(Sea $effp je
ti dayof�A.D.
YPo NOTARY
' STATE OF TEkr S '41t 4
g`heort � My Comm. Exp. 01-2i-200'4
Notary In And For State Of Tex
print Property Owners Name: 7offy
e s " n
The State Of t e-
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cou ry Of
Before Me --70-1) j t" i� �i on this day personally appeared%PJ
��
(notary) (property owner)(
k xwon to me (or proved to me on the oath of card or other dxurnent) to be the person whose name Is subscribed to the foregoing instrument and
adcnowfedged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given n r�yfj G this day of A.D. z�l
CONWE t ,t' ',V R
VO,•r,{+Y PU�c Y
A ti NOTARY PUBL{C
STATE OF TEXAS
My Comm. Exp. 01-27-2004 Notary In And For State Of Texas
CLIFF'S STAR NEIGHBORHOOD GRILL
1900 SOUTH MAIN SUITE 100
GRAPEVINE, TEXAS 76051
(817) 416-0608 / (817) 416-0684 fax
August 23, 2002
City of Grapevine
Development Services
Planning Division
200 S. Main St.
Grapevine, Texas 76051
To Whom It May Concern:
I am submitting this letter as requested for Conditional Use applicants.
SEP � � X002
Cliff's request for Conditional use will not have any special requirements or conditions
imposed by district regulations.
Cliff's Star Neighborhood Grill is a restaurant located in the Stacy Furniture Building at
1900 South Main. Cliff's clientele are patrons of Stacy Furniture, other home
improvement tenants, and are frequent Cliff's supporters. The Conditional use for a
Mixed Beverage Permit would compliments our guest's experience. Cliff's currently
offers complimentary Coors Light Draught, and Box Wine. Our beer and wine invoices
have been averaging approximately $800 monthly since our opening in May 2001.
The proposed Conditional use will not cause harm to the value, use, or enjoyment of
other property in the neighborhood. Our hours of operation will not necessitate a Late
Night Permit, and food sales are estimated at more than 90% of our sales.
Respectfully,
Shawn Morrison
Managing Partner
(817)793-6554
(Z. C � t Q - /-,///
(9 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 CU02-44 TO
ALLOW 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 "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
a property from flood or water damages, noise producing elements, and glare of the
u,a 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, an 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. CU02-44 to allow the possession, storage, retail
sale and on -premise consumption of alcoholic beverages (beer, wine and mixed
beverages) in conjunction with a restaurant (Cliff's Star Neighborhood Grill) in a district
zoned "CC" Community Commercial District Regulations within the following described
property: Lot 11, Block 6, Metroplace 2nd Installment (1900 South Main Street, Suite 100)
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 ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of October, 2002.
ATTEST:
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ORD. NO. 4
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DALLAS FORT WORTH INTERNATIONAL AIRPORT CU02-44 IS A REQUEST FOR APPROVAL OF A CONDITIONAL
1! USE PERMIT FOR THE POSSESSION, STORAGE, RETAIL SALE
AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES
STACY FURNITURE (BEER, WINE AND MIXED DRINKS) IN CONJUNCTION WITH A
LOT IS UNDER CONSIDERATION WITH THIS REQUEST . RESTAURANT, LOCATED AT
1900 S. MAIN STREET SUITE 100
1. ALL PROPERTY %#M HEREON IS ZONED 'C -C•.
-N 100 0 RDD 200
Scab In Feet
. 2 NO PORM%•9 OF rIR SUBJECT PROPERTY IS
s+DwN TO eE I,CFWM; A SPEOtA1 FLOOD HAZARD THE PROPERTY IS CURRENTLY ZONED -CC- ComMUNiTY
AREA A9 M*S P INE F flAOD HAZM CV OF COMMERCIAL DISTRICT.
BOIAmARY MAPS P M 0 TLE U17 OF
tRAP'EMtE OOWUN1fY Na11e. !90$p9,
CA.SENM Amdm 99 THE CURRENT LAND USE DESIGNATION AS CONTAINED IN
GSE tlu
c1m2." THE COMPREHENSIVE MASTER PLAN IS COMMERCIAL
LOCA7KIN; 18D0 Satoh 9t9Y181e 100
ALL REQUIREMENTS OF SECTION 25, COMMUNITY
9tsv�r seccTL€ ARt — COMMERCIAL DISTRICT SHALL BE MET.
DATE
"Agw0ARDm"mco9nmmm METR®PLACE 2ND P ISTALLaL�,MENT
SITE PLAN STATE HIGHWAY 114 WEST
`*WR MM IN THE
VICINITY MAP DATE :CITY OF GRAPEMNE, TEXAS
N.T.S. SFET. -- Gonzalez & Scbneeberg GOODOrem-ft AmI-
APPROvCONFLI TDOESNOTAUTHORR ANY ANCES,ow m engfneers . surveyors tz1,e1 en�Fao Pew 9 ws
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165 OCCUPANCY
100 SEATING CAPACITY
FLOOR PLAN
CASE NAME: Cliffs Star Reshmumd-
CASE NUMBER- CLW -44
LOCATION: IWO S. Main SWM Ste.100
Lot 11, Bk)ck S, Mebopkm 2"' kwto merM
MAYOR SECRETARY
DATE.
PLANNING AND ZONING COMMISSION
CHAIRMAN
EWE:
SHEET: OF
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
RECEIVED
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165 OCCUPANCY
100 SEATING CAPACITY
FLOOR PLAN
CASE NAME: Cliffs Star Reshmumd-
CASE NUMBER- CLW -44
LOCATION: IWO S. Main SWM Ste.100
Lot 11, Bk)ck S, Mebopkm 2"' kwto merM
MAYOR SECRETARY
DATE.
PLANNING AND ZONING COMMISSION
CHAIRMAN
EWE:
SHEET: OF
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
RECEIVED
SEP 082001
PLANNING
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