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HomeMy WebLinkAboutItem 05 - CU13-06 Cousin's Bar-B-Que CC ITEM #5, 28 PZ ITEM #3 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOPA_ MEETING DATE: APRIL 16, 2013 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU 13-06 COUSIN'S BAR-B- Q/DFW INTERNATIONAL AIRPORT F-1 I ----------- -- Grapevine Dove Lake APPLICANT: Jeffrey Payn C&H Foods, LP North es PROPERTY LOCATION AND SIZE: W The subject property is located at 1000 International FW Hall Johns n 19 ADirparl Parkway, Terminal "B" between Columns 128 - 129. LA Glade Rd.. _E 1 REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow theRqggg§ii r it sale, and on-premise conSUMDtion of alcoholic beverages (beer. wine. and mixed beveraaesl:in conjunction with a restaurant. The applicant is requesting on-premise alcohol beverage sales and consumption for the Cousin's Bar-B-Q restaurant located within a newly created lease space between columns 128-129 in Terminal "B". PRESENT USE: The property is currently developed as the Dallas/Fort Worth International Airport. 0AZCU\CU13-06.4 12:33 PM 04/05113 CC ITEM #5, 28 PZ ITEM #3 AIRPORTI . The subject tract is partially located within "Zone C", zone of greatest effect, as defined on the"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs"map. Industrial and commercial uses that can tolerate high levels of sound exposure are appropriate in "Zone C". The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as governmental land use, The applicant's proposal is in compliance with the Master I . /at 0:\ZCU\CU13-06.4 2 12:33 PM 04105/13 1711, � #► rl '� _ - ITEM ^ " t n r . k „ r<,t� ^ i n * f , k t , EJ g 1 inch 1,000 fee CC ITCN4A,(3 6 10 ZRAP. VI PZ ITEM #3 T E X A CITY OFGRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICA ION Applicant Name: IC&H Foods,LIP (dba Cousin's Bar-B-Q) Applicant Address: 16268 McCart Avenue,Suite B City/State/Zip Fort Worth,TX 76133 Phone No. 817-294-2113 Fax No. 817-263-5414 Email Address Mobile Phone 817-312-6060 Applicant's interest in subject property I Operation of Food&Beverage/Lease Space @ DFW Airport PART 2. PROPERTY INFORMATION Street Address of subject property ITerminal Br Gate B47,DFW Airport,TX 75261 (DFW ID#B-2-128C-A0I) Legal Description: Lot [— Block Addition Legal description of subject property(metes & bounds must be described on 8 112"x 11"sheet Size of subject property: acres square footage Present zoning classification F Proposed use of property JFood&Beverage Kiosk,including sale of beer&wine for on-premise consumption Zoning ordinance provision requiring a conditional use PART 3. PROPERTY OWNER INFORMATION Property Owner DFW International Airport Prop Owner Address OA-?, City/State/Zip DFW Airport,TX 75261 Phone No. Fax No. kv- q�3- qgz) ❑ 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) EJ In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value use or eniovivent of other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, w OT P7 go—rh, in the neighborhood. � 771 tT ❑ 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. MAR 13 2013 By - 0I I k-&A ❑ Attach a final plat,or replat, of the approved subdivision by city council showing property boundary lines,dimep Tpways,rail lines, and public rights-of way crossing and adjacent to the tract(f blueline copy) El if a master development plan is required,attach a statement showing the proposed use substantially conforms to th6Pn7--sWrE.Wei9Aant plan. Ll Submit a site plan showing all information required by Section 47,E, Site Plan review requirements(see attached requirements). ❑ Provide all required information demonstrating compliance with all conditions imposed on any conditional use,site plan zoning,or conditional use zoning. ❑ 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 only be approved by city council through the public hearing process. PART 4,SIGNATURE TO AUTHORIZE FILING OF A SITE PLAN A Jeffrey V.Payne 7 /;V'... Print Applicant's Name Applic. t' Si n t The State of , /r I 1--e Pee. County of l —/-. ,-, Before me (notary) Xle - ,A9 _124�r 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 thisF day ofl ffa"X A.D. 0�220Y--Z KIM L MWV oft"Ssift E*6ft Notary In and For State of 7e ar DFW International Airport Print Property Owner's Name Property Owner's Signature The State of County of Before me (notary) Ate e., on this day personally appeared (applicant) gy, 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 F/W day ofl '41a A.D. I Noj�ta In State of and For tate Womft 2014 rl ffl F' M L MAR 13 2013 iii ACKNOWLEDGEMENT CC P ' !1 Conditional Use and Special Use Applications are to complete filed will placed the r public hearing at the discretion the the size of the r application may be scheduled to t r date. All public hearings will be opened and testimony iv lic t interested citizenry. ll hearings continued the lic hearing. Public will not be tabled. Any changes to it l r how minor or major) approved with conditional c or special use permit can only approved city council through the public hearing process. Any application for a change in zoning r for an amendment f the f ng ordinance shall have, from the submittal, ri of four months to request and be scheduled before f ng and Zoning Commission it cil. If ft r said period of four months an application f been scheduled r the i 1 Council said application shall considered wrt r , with forfeiture of all filing fees. The application, along with required filing fee may be resubmitted time thereafter f reconsideration. Delays in c li applications before the Planning i i t on and City Council created city staff shall c considered a part of the four month period have read and understand all of the requirements as set folfh by the lic ti for conditional or special use permit and acknowledge that all requirements f this lic i have t at the time f submittal. Signature of Applicant Date I Signature of Property Owner Date C L2,, 1r MA Y CC ITEM , PZ ITEM ORDINANCE r 3 -060 00 14&10 1 ORDINANCE AN ISSUING ITI ONAL USE PERMIT I ACCORDANCE WITH SECTION ORDINANCE ®7 , THE COMPREHENSIVE I ORDINANCE OF THE CITY OF GRAPEVINE, T BEING ALSO APPENDIX KNOWN AS "D" F THE CITY CODE, Y GRANTING CONDITIONAL IT CU13-06 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION L I (BEER, WINE AND MIXED BEVERAGES) I TI IT RESTAURANT IN A DISTRICT "GU" GOVERNMENTAL USE DISTRICT IN ACCORDANCE WITH A SITE T TO SECTION ORDINANCE 47 OF - 3 AND ALL OTHER CONDITIONS, IMPOSED HEREIN; TI THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS THE ZONING I PROVIDING I TO I ITY; DETERMINING THAT THE PUBLIC INTERESTS, WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL PERMIT; PROVIDING TY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ( SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DURING DAY I CH A VIOLATI DECLARING CY AND PROVIDING EFFECTIVE 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 r evi , Texas, as required y State statutes and the zoning ordinance of the City of Grapevine, s, and all the legal requirements, conditions and prerequisites having been complied ith, the case having before the City Council of the City of r vi Texas, after all I I notices requirements, conditions and prerequisites having complied it and , the City Council of the i of r evin , Texas, at a public hearing called by the City Council did eo si ert e following factors r akin g a determination as to whether this requested conditional use permit should granted or denied: safety of the motoring to lic and the des ri ns using facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property re flood or water damages, noise producing I ents, and glare of the vehicular and stationary lights and effect of such lights established r ct r the neighborhood; I tic , lighting, and types of signs and relation of signs to traffic control CC ITEM #5, 28 PZ ITEM #3 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 oft is ordinance fora ®sr ing 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 on 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 oft os o bought or improved property with reference to the classification is existed at the time their original investment was made; and WHEREAS, the City Council oft 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. ORD. NO. 2 CC ITEM #5, 28 PZ ITEM #3 NOW, THEREFORE, BE IT ORDAINED BYTHE CI L OF THE CITYOF 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 it of Grapevine, Texas, same being also known as Appendix"D"oft City Code, by granting Conditional Use Permit CUl 3-06 to allow fort possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Cousin's Bar-B-Q), in a district zoned "GU" Governmental Use District within the following described property: Terminal B, Columns 128-129 (1000 International Parkway, Dallas Fort Worth International Airport) 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 oft 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 fort 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 oft community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability fort 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 oft provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions oft is ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity oft zoning affecting any portion of the tract or tracts of ORD. NO. 3 CC ITEM #5, 28 PZ ITEM #3 I and described herein shall be declared to be invalid, the same shall not affect the validity oft 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 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 16th day of April, 2013. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. 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