HomeMy WebLinkAboutItem 04 - CU12-02 Main Street Bread Baking Company i i f
CC ;I[TEM
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: FEBRUARY 21, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU-12-02, MAIN STREET
BREAD BAKING COMPANY
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Grapevine
Lake APPLICANT: Fabien Goury
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Narthwes I PROPERTY LOCATION AND SIZE:
The subject property is located at 316 Barton Street
and is platted as Lot 24R, Block 1, City of Grapevine.
Hall-Johnson sy, ADF m I The subject property contains approximately 0.4
acres and has 92 feet of frontage along Barton
11-_--� Street.
Glade Rd. i
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to establish a commercial bakery.
It is the applicant's intent to transition a portion of his baking operations from his business
on Main Street (Main Street Bread Baking Company) to the subject site particularly for
bread baking and cake decorating. There will be no consumption or seating area nor any
items for display or sale. Parking for this use will be provided by existing head-'in spaces
along Barton Street and, if necessary, the new City lot at the southeast corner of West
Texas Street and Church Street.
PRESENT ZONING AND USE:
The subject property is currently zoned "CBD" Central Business District and is developed
0:1Z MU12-02.4 1 February 14,2012(11:48AM)
with a small mini-storage warehouse structure on the site as well as another multi-purpose
metal building which has frontage along Barton Street. The Board of Zoning Adjustment at
their April 5, 2010 meeting approved a special exception request on the subject site to
allow it to remain as developed.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and the properties to the north, south, east and west were zoned "C-
2" Community Business District prior to the 1984 City Rezoning. The property immediately
to the west was rezoned to"R-TH"Townhouse District during the 1984 City Rezoning. The
subject property and the properties to the north, south and east were rezoned to "CBD"
Central Business District during the 1984 City Rezoning. The property immediately
adjacent to the west was rezoned (Z03-10) to "CBD" Central Business District at the
January 20, 2004 meeting for an art studio and school. The Council at their March 16,
2010 meeting granted a historic landmark subdistrict overlay on the subject property. The
Planning and Zoning Commission at their April 20, 2010 meeting approved a parking plan
(PP10-01) on the subject site for the Oh Look! Performing Art Center that allowed for off-
site parking at various locations throughout the downtown area.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "GU" Governmental Use District and "CBD" Central Business
District—City water tower and city parking lot
SOUTH: "CBD" Central Business District—multi-tenant structure
EAST: "CBD"Central Business District—various Main Street businesses, e.g.
Main Street Bakery, Palace Theater, Messina's Shoe and Boot Repair
WEST: "GU" Governmental Use District and "R-7.5" Single Family District—
Grapevine House Authority and several single family residences
AIRPORT IMPACT:
The subject tract is not located within any of the noise zones as defined on the "Aircraft
Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Central Business use. The
applicant's request is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
Barton Street is not designated a thoroughfare as shown on the City's Thoroughfare Plan.
0:VWCUI2-02.4 2 February 14,2012(11:48AM)
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BISTRO&BAKERY
December 5, 2011
LETTER OF INTENT
To Whom It May Concern:
Main Street Bread Baking Co., doing business at 316 S Main St for 12 years, intends to purchase
the building directly behind this location, 316 Barton. It will be used as a bakery production
facility only, baking bread in the evening and early morning and decorating cakes in the
morning and early afternoon. It will employ 2-6 workers. There is adequate parking available on
the side of the building.
Sincer
Yasmine Bohsali and Fabien Goury
Owners, Main Street Bakery& Bistro
817-424-4333
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T B A 8 CONDITIONAL USE APPLICATION
CITY OF GRAPEVINE
Form "
PART 1.APPLICANT INFORMATION
Name of applicant/agent:/company/contact
of/
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Street address of applicant/agent.
Z. 054 �-
City/State/Ztp Code of applicant/agent:
Telephone numb r of applicant/agent: Fax number of applicant/agent t12-1 g S l Z
S ( Z'� cr— 6 0171, r
Email address of applicant/agent Mobile phone number of applicant/agent
t :7- 1 L 6
Applicant's interest in subject property.
PART 2. PROPERTY INFORMATION
Street address of subject property
316 S fC> v �h e13 �4_ �%m #L S .� —
Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet)
Lot Block �r Addition
Size of subject property C
Acres J Square footage
Present zoning classification: Proposed use of the property.'
UAc_ l��
Minimum/maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
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PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.
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Street address of property owner.
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City/State/Zip Code of property owner.
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Telephone number of property owner: / Fax number of property owner:, -Z
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❑ 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 phan 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 A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
�n i'a A Cr o v n-y
P tApplicant's Name. Applicant's Si re:
The Slate of AEK—cx
County Of /(2r Ck n
Before fi u SQ n on this day personally appeared __ q
(notary) (applicant)
t me on the oath of card or other document to be the
known f���ltj� } person whose name is subscribed to the foregoing instrument and
acknq Ijh?AYecuted the same for the pu s and consideration therein expressed.
�� 5 .•'�a1Y PU6 �i r V�.� i V�Qr a0
(S�)Glen y 91 d an a/of office this day of ,A.D.
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d".,ti• � � Notary In tale Of Texas
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Print Prope Owners Name: J Signature:
The State Of f Q S
County Of-T-CA r i'a n
Before Me NSQ n �`-'� '—" on this day personally appeared 1:46 tQ n U D cx fl
(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_Rurfoses and consideration therein expressed.
(Seal)Given under my hand and seal of office this day of V r)Lk-CL ,A.D.
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♦���"� % Notary In fate Of Texa
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ACKNOWLEDGEMENT
Alt 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 riling fees. The application, along
with the required riling 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
1 have read and understand all of the requirements as set forth by the application
for conditional use or spe it and acknowledge that all requirements of
this application ha een 7:7, submittal.
Signature of Appli t
Date.
Signature of Owner
Date,
Lr
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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 BEINGALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
GRANTING CONDITIONAL USE PERMIT CU12-02 TO
ALLOW FOR A COMMERCIAL BAKERY 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)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
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 otherthings 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:
ORD. NO. 2
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 CU 12-02 to allow for a commercial bakery in a district
zoned "CBD" Central Business District within the following described property: Lot 24R,
Block 1, City of Grapevine (316 South Barton Street) 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
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
ORD. NO. 3
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 21st day of February, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4