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Home My WebLink AboutItem 04 & 26 - CU17-03 Mason & Dixie TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION 22 FROM: BRUNO RUMBELOW, CITY MANAGER w SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO MEETING DATE: MARCH 21, 2017 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU17-03 MASON & DIXIE RESTAURANT I I I I Grapevine 5? APPLICANT: Beth Newman Lake DoV ems_ I � yQ' I .635 Northwest PROPERTY LOCATION AND SIZE: ods P4 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 15, Original Town of Grapevine. The property LHall-Johnson iso ti contains approximately 2.187 acres and has I T-- approximately 300 feet of frontage along South Main LJ � Glade Rd. m I Street and approximately 323 feet of frontage along H c 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. O:\ZC U\C U 17-03.4 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 "LI" 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 O:\ZCU\CU17-03.4 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. /rs O:\ZCU\CU17-03.4 3 ru GUE7 — 11 2 V 16 ■ D2 7D1%kb%)• 1 a 12 • ■ — PA 13 ■ ■ ■ ■ • ■ ■ ■ ■ ■ ■ r Pim ii • ■ 14 * I 1R t :1D Eq= 2B1 2C 1R 21 W FILAR IN ST l � f ■ , , • B • .4'1 :a G 1A ■ ■■ r0 J `l ` 31 3B • ' Q G 5 • • 4 ■ G 1606' 4R ■■ ■ ■ ■ ■ pV � `� ■ 2R C ■• A 5R ■ • 041 13 ■ 3C 7'7. _ 3A • R-7.5 •• P • _. College •• ■ • • • • • • ■ . ■ • Ml _lhr: 11 1 ! t Oil .... ■ ■ t ■ • ,'B 2A 1A ■ ■• 3B ::: C D............:: :.. ...::'.:`. 3R 3 a 4A • 5D 5B ■ ■ • • 3C 1 ' •r -• 1 060 �■ ■ ■ ■ ■ ■ I• ■ ■ ■ ■,• ■ ■ s ■ ■ . ■ ■ ■ 1 • 116 • 6A a ° 201. ■ ...... 1 ■ .....1 7R ■ ' 1.977 ■ 613 ,1201• S��1960 B L I a CC • • 15R •A2 r ■ • • • • • • • • • • • ■ ■ ■ ■` ■ ■ ■ ■ ■ ■ ■ W ■ 1 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ v ■ l 1 J J L' • * ■ 3 C BD • 456789 a IR 65' 2 G U 7.59'x►P`G 1 • a * . . • * ' ' 1 * * * ' * 1 • IL • . ■ '—�-- -----r Z. 4.4708 f� ■ • • • *.• ■ ■M * • • * * * * * ' • P . * ■ * * �: • • * * pP�-�'g . • ■ 1.110V pM� � 1 2. � 46 '' •— ■ • * • 1• ■ie 5 Feet 0 80 160 240 320 ' .,w t4,-,- CU17-03 " g w�E Mason & Dixie Restaurant s The data has been compiled by the City of Grapevine IT/GIS department Venous official end unofficial sources were Date Prepared: 3/14/2017 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 CAU.1.-le) GRA' VINE T E .�W A S CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Name of applicant/agent/company/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 302410 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 ( ) 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: FEB 0 6 2017 By CUfl- o3 ❑ 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 v (,ui , --- 3://4:7 / Print plicant's Name: Applicant's Signature: The State of Te x GS County Of 1—Orr-On A- Before Me Tenn,P QT N a V O!Y() on this day personally appeared F3 e 44i tJ (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 35/ day of Fe bYU ott-- ,A.D. 9on . SVYP" JENNIFER NAVARRO : : i,.e,•*, otary Public,State of Texas `V V"v�.'i/�'� �,�,�x.•'P Comm. Expires 04-28-2020 Notary pr nd For State OfTe�- �'�:',,oFz ` Notary ID 130640644 01 _ itlill-THW J. NIA4-1-0 ) -LT-7--\---------- Print Property Owners Name: Property Owner's Signature: The State Of Tex 03 County Of TO(r'OA4 Before Me Tenni P N QV OfK) on this day personally appeared M Q4441e.W I -kan Orkl. (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 my hand and seal of office this (, day of FebV k /% r_ ,A.D. 1. 44yr,,,,, JENNIFER NAVARRO a:°; <o?Notary Public,State of Texas ;"� :;:q Comm. Expires 04-28-2020 Nota ndFor State Of xas % o``,, Notary ID 130640644 THOWF FEB 0 6 2017 By cun .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. Signature of Applicant 3,azi,_9 PP Li _..____________ Date: i— l 7- - -.-----------L--. Signature of Owner Date: Z/ -t' I 11 TIOTa dE FEB 0 6 2017 0 By______ Mason&Dixie Beth Newman 1641 W. Northwest Highway Grapevine, TX 76051 Grapevine City Council Grapevine Planning&Zoning Commission C/0 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 café. Originally, my relationship with the Grapevine Antique Market was a booth offering interior design, home goods, and furniture refinishing. The failing café 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-tai ight 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 café, 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. [EM [ M IE -1 FEB 0 6 2017 11 By CIrlt-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 my 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 name". 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 decor 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 10pm. Sincerely, Beth Newman Owner {)EEEllfl1 FEB 0 6 2017 II 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