HomeMy WebLinkAboutItem 04 & 26 - CU17-03 Mason & Dixie TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
22
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: MARCH 21, 2017
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU17-03 MASON & DIXIE
RESTAURANT
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�— Grapevine �^ APPLICANT: Beth Newman
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Northwest PROPERTY LOCATION AND SIZE.
good,P4� j �^1d
a� The subject property is located at 603 South Main
Street, Suite 302 and 303 and platted as Lot C, Block
FW
sy Airpo t s 15, Original Town of Grapevine. The property
Hall-Johnson �, m I
L a. contains approximately 2.187 acres and has
approximately 300 feet of frontage along South Main
Glade Rd. Street and approximately 323 feet of frontage along
H c
3 East College Street.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to establish a restaurant in the "CBD"
Central Business District.
It is the applicant's intent to establish a 32 seat restaurant in a 1 ,290 square foot lease
space at the subject location—no alcoholic beverage service and no outdoor dining is
proposed. Initial hours of operation will be from 11:00 a.m. to 3:00 p.m. Tuesday through
Sunday with the possibility at some point in the future of providing dinner service but with a
closing time no later than 10:00 p.m. Parking for the applicant's request is 16 spaces; a
previous restaurant (Yum Yum Yogurt) in this lease space was approved in January 2010
with a seating count of 25 seats. The entire property contains 82 parking spaces which
has adequately served the multiple office-retail-restaurant uses on site.
0:2 U\CU17-03.4 1
PRESENT ZONING AND USE:
The property is zoned "CBD" Central Business District and is developed as a multi-tenant
office-retail-restaurant complex. This particular suite has been used as a coffee shop
(Mawker Coffee) and a yogurt shop (Yum Yum Yogurt).
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was rezoned in the 1984 City Rezoning from "SP"Specific Use Permit
District to "CBD" Central Business District. The subject property is also located within a
Historic Overlay District(HL93-01). The properties to the west and south of the auto repair
were rezoned from "LI" Light Industrial District to "CBD" Central Business District in the
1984 City Rezoning. The area to the south with the existing mini-warehouse development
was rezoned to "LI" Light Industrial District in 1990 (Z09-09). The restaurant south of the
subject site was approved in April 1993 (CU92-25) for alcohol sales. The funeral home
property to the north and the auto repair business to the west retained the "CBD" Central
Business District during the 1984 City Rezoning.
At the April 15, 2008 meeting Council approved Conditional Use Request CU08-09 (Ord.
08-20) on the subject site to establish a wine tasting room for on- and off-premise
consumption (wine only) in conjunction with a coffee shop. On March 24, 2009 Council
approved an extension to the wine tasting room to expire on April 15, 2010. At the January
19, 2010 meeting a conditional use permit was approved to allow a 25 seat restaurant
(Yum Yum Yogurt) to occupy the subject lease space.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District and "R-7.5" Single Family District—
funeral home, single family residences
SOUTH: "CBD" Central Business District and "LI" Light Industrial District—
restaurant, warehouse and mini-storage
EAST: "CBD" Central Business District and "Ll" Light Industrial District—
professional offices and mini-storage
WEST: "CBD" Central Business District—various retail businesses and auto
repair
AIRPORT IMPACT:
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
such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal
0AZWCU17-03.4 2
is an appropriate use in this noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Central Business District land use.
The applicant's proposal is in compliance with the Master Plan.
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Mason • Dixie Restaurant
This data has been compiled by the City of Grapevine,IT/GIS department Various official and unofficial sounceswen,
Date Prepared: 1
GRILDU
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Ali* CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Name of applicant/agentYcompany/contact
Beth Newman
Street address of applicant/agent:
1711 Water Lily Drive
City/State/Zip Code of applicant/agent:
Southlake, TX 76092
Telephone number of applicant/agent: Fax number of applicant/agent
817 798 5453 N/A
Email address of applicant/agent Mobile phone number of applicant/agent
bethanne_newman@yahoo.com 817 707 2111
PART 2. PROPERTY INFORMATION
Street address of subject property
603 S. Main Street, Suite 302
Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet)
Lot C Block 15 Addition
Size of subject property
Acres 1280 Square footage
Present zoning classification: Proposed use of the property.
CBD Cafe and Retail Business
Circle yes or no,if applies to this application
Outdoor speakers Yes (NN)
Minimum/maximum district size for conditional use request:
1280 SQ. FT
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner:
Grapevine Main and Main LLC agent for Grape Office LLC
Street address of property owner:
611 South Main Street, Suite 400
City/State/Zip Code of property owner:
Grapevine, TX 76051
Telephone number of property owner: Fax number of property owner:
817-410-4600 email:
p L� C� C� OdC�
FEB 0 6 2017
By
cun- 03
❑ 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)
❑ 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 in the neighborhood.
❑ Application of site plan approval(Section 47,see attached Form"B'.
❑ The site plan submission shall meet the requirements of Section 47,Site Plan Requirements.
❑ All conditional use and conditional 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 conditional use permit can only be approved
by city council through the public hearing process.
❑ I 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
f'�'_" N"f w
PrintApplicant's Name: Applicant's Signature:
The State of Te x as
County Of To!'r-o
Before Me TQ nn1 F kr N a V Ovyu on this day personally appeared 1�e}'h New m ovi
(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 office this 3 day of I�t b yU PI- - A.D. 0
JENNIFER NAVARRO
Notary Public,State of Texas
Comm. Expires 04-28-2020 Notary n nd For State OfTe
Notary ID 130640644
Al4TTH-EW J• MAHOKIE, -
Print Property Owners Name: Property Owner's Signature:
The State Of Tex 0.S
County Of —T��� + w,
Before MeF^'1 p 06 Pk� N Q V�K� on this day personally appeared M a4ko W I—kah CIAk
(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 therein expressed.
(Seal) nder-mv hand and seal of office this�� day of i71'� � ,A.D. 1.
JENNIFER NAVARRO
°? o=Notary Public,State of Texas
Comm. Expires 04-28-2020 Nota ndFor State Of xas
Notary ID 130640644
p C CoCOdC
FEB 0 6 2017
By
CLjJMJ .03
ACKNOWLEDGEMENT
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.
I 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.
PP
Signature of Applicant
9
Date: '
Signature of Owner
Date:
o � LrID
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FEB 0 6 2017
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Mason&Dixie
Beth Newman
1641 W. Northwest Highway
Grapevine, TX 76051
Grapevine City Council
Grapevine Planning&Zoning Commission
C/O Development Services Department
200 S. Main Street
Grapevine, TX 76051
Re: Conditional Use Request for Mason&Dixie
603 S. Main Street
Suite 302-303
Dear Councilman and Commissioners,
I am very excited about the opportunity to move my business from
Northwest Highway to Main Street. Over the last three plus years, Mason
&Dixie,was conceived and has grown into a thriving cafe. Originally, my
relationship with the Grapevine Antique Market was a booth offering
interior design, home goods, and furniture refinishing. The failing cafe
space was offered to me as way to further my catering business. I have
never worked in a restaurant before,but felt this was something I was
meant to do. It truly has been an amazing experience.
I am a self-taught chef,which was born out of my love of family, food, &
hospitality. I have four children and my love for them and my extended
family and friends was the original driving force into the culinary world.
Over the years, entertaining friends,holidays, and nurturing others,the
passion for food and entertaining progressed into a catering career.
I feel the addition to Main Street will be nothing but a positive. All of our
food is fresh, seasonal, and made from scratch. I don't have a sign on the
road or the building, an on-site kitchen, and am in the back of a strip mall,
yet everyday our loyal customers find us. Mason&Dixie is more than a
caf6, I put love and creativity into everything I do there and I know my
customers feel that. Southern hospitality is a lost art that we are reviving.
People want more than a basic meal without a smile; our food is served
with a heart and soul. I still personally shop and hand-make everything
that goes into and out of that restaurant. t
T � � O M
FEB 0 6 2017
By
C (At"7-o3
Philanthropy and partnering in our community is another important goal
of mine through this opportunity. A very important focus has been and will
be partnering with the Grapevine Farmers Market and other local
businesses, creating a stronger business community. We also do a yearly
toy/pajama drive benefitting various local charities for children in need.
We have sponsored Embrace Grace, participated in Carroll Education
Foundation several times, and have started a relationship with
Whenwelove.org. The Super Bowl event we just hosted gave over 250
homeless people a place to watch the game and enjoy delicious BBQ feast!
A very important component of may business is to support our community
and give back at every turn.
Mason&Dixie is a destination for comfort, delicious food, and an
outstanding coffee program.A destination and haven for foodies, friends,
couples, grandparents, a place "where everybody knows your mane".
I am incredibly appreciative of your time and consideration of this move.
As an existing Grapevine business owner,it would be a dream come true in
so many ways that words could never express.
I honestly cannot think of one negative component that Mason&Dixie's
presence on Main Street would bring.A large part of our business is take-
out;therefore adequate parking is not an issue.
Mason&Dixie will not have outside seating or speakers. We desire to have
an inviting, comfortable place for food and fellowship. Our business model
will also be selling small home d6cor items that will be vintage and from
market;including specialty food items,hostess gifts, etc. and of course
serving fresh, creative, chef-driven food.
Our hours of operation will be: Tuesday-Sunday 11-3 with possible
expansion to dinner in the foreseeable future,but closing time not
exceeding lOpm.
Sincerely,
Beth Newman
Owner
T LOT OWE
FEB 0 6 2017
By
ORDINANCE NO. 2017-018
AN ORDINANCE ISSUING A CONDITIONAL USE
CONDITIONAL USE PERMIT CU17-03 TO ALLOW A
RESTAURANT LOCATED AT LOT C, BLOCK 15, CITY OF
GRAPEVINE (603 SOUTH MAIN STREET #302) IN A
DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 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.
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
Ordinance No. 2017-018 2
the City Code, by granting Conditional Use Permit No. CU17-03 to allow s restaurant
(Mason & Dixie) in a district zoned "CBD" Central Business District Regulations within the
following described property: Lot C, Block 15, City of Grapevine (603 South Main Street
#302) 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.
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.
Ordinance No. 2017-018 3
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 21st day of March, 2017.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
Ordinance No. 2017-018 4
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