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Home My WebLink AboutORD 1994-067 TO: SITE PLAN REVIEW COMMITTEE MEMBERS FROM: RON STOMBAUGH, PLANNER 11 DATE: AUGUST 28, 2002 SUBJECT: CONDITIONAL USE REQUEST CU02-35, LOT 2, BLOCK 1, NORTHWEST PLAZA ADDITION RECOMMENDATION Staff recommends the Site Plan Review Committee consider the proposed changes to Conditional Use Request CU90-15 (Ord. 90-77) approved at the December 18, 1990 meeting for a restaurant (La Casa) with- the possession, storage, retail sale, and on- premise consumption of alcoholic beverages (beer, wine and mixed drinks) and take any other action necessary. BACKGROUND INFORMATION Conditional Use Request CU90-15 was approved by Council at the December 18, 1990 meeting and allowed for modifications to a floor plan for the La Casa restaurant which was originally granted permission to operate as a restaurant with on-premise alcohol beverage sales on October 30, 1984. With this request the applicant proposes to make a irnumber of interior modifications to the existing floor plan such as rotating and enlarging the bathroom facilities, demolishing and relocating the wet bar and other cosmetic changes. Seating capacity will increase by eleven seats requiring four additional parking spaces which are available in the shopping center. See the attached letters. /rs 0:2MCU02-35.4sprc �� ORE NO `,"ECE_IV August 7, 2002 AUG 0 7 2002 Mr. Ron Stombaugh Planning Department City of Grapevine 200 South Main Street Grapevine, TX 76051 Re: La Casa Mexican Cafe Mr.Stombaugh: The attached Conditional Use Request Application is being submitted because the owners of La Casa Mexican Cafe are wishing to reconfigure the interior of their existing restaurant at 1689 W. Northwest Highway. They propose to move the dining areas and bar around inside the space, and so we are submitting a revised Liquor Licensing Plan. No changes to the exterior are included with this application. The reconfiguration of the space will potentially yield a maximum seating of 250, 11 more than is currently approved for the space. In researching the existing site, it was discovered that the new ATM machine approved in 1999 actually reduced parking by 10 spaces to an apparent total of 475 spaces. A careful on -the-ground count of the parking indicates that there are currently 489 spaces, excluding spaces converted to handicap aisles or occupied by dumpsters, or 14 more spaces than what was approved in 1999. Since 11 new seats will only require 4 additional parking spaces, that should still leave 10 extra spaces, so we respectfully request that the application be approved. Sincerely, G. Philip orley, AIA Partner BEELER GUEST (OVENS ARCHITECTS, L.P 4245 N.CENTRAL EXMESSWAY SUITE 3W UA1L% TEXAS 75202 21442.0.8878 FAX:214.520.8879 920 S.MAIN STREET SUITE920 GRAPEVINE,TEXAS 7601 817-329-4289 PAXc817481•9552 8--23-2002 3:5APM FROM MORLEY GROUP. INC. 817d819552 P, b MEAL DATE' 8/23/02 70: Ron Stambaugh ... ,. Philip 920 S.SGO Architects LP. Grapevine,TX 76051 1 MexicanSUBJECT: La Casa c. The clients [ following internal s to f heirr Demolish1. f #I 1 , turn t degrees, rebuild them larger them handicap # . 2. Eliminate # Ie and ut1lize the existingvestibule entry and if. cabinet3. Place a lockable in a private office area for liquor storage• dining4. Convert an existing r . Demolish5. r and rebuild#In r area. existing6. .Utilize one hag of the r beer keg storago dispensing. 7. Various i look of the space. Feel free to call If you have questions. i i rr- A=Alm A m a = ® lol ---------- I NOUV NOA ION ANVNINI-IgNel LIG9# kg-INOH =11 Hed V li, off L------------------------------------------------------------------ ---------------------------------- --------------------- --- --------- ------------ -- - ------ --------- ----------- --------- -------------- :L 0 EL Mq > o w 2 0 l' 0 O.\ fr (L LLJ uj Cc w z w Z r � � % as •a�'a�ar ro taon �a d1 1��8l�i��9ifOt'�IMt mm ITO=®o®a®q d�S�I NOIlonHISNOa NO3 ION AWNIWI138d LL£9 A3lNOYV dlllHd 'O rw g�M3 F ... ,o"" o 4 .................................................................... ..................................... ................... ui @� Q � t � y �'J Q 0.`yJ3I a 111 a Wz dg ®d AiENOEo 0 2.-35 ORDINANCE NO. 94-67 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: (1 ) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL USE PERMIT NO. CU94-17 FOR AN AMENDMENT TO THE SITE PLAN APPROVED BY ORDINANCE NO. 92-60 TO ALLOW EXPANSION OF 2,000 SQUARE FEET FOR BANQUET ROOMS IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS AND "SP" SITE PLAN DISTRICT REGULATIONS WITH A CONDITIONAL USE FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (MIXED BEVERAGES, BEER AND WINE) IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT Owl, 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 ow- 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 ORD. NO. 94-67 2 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 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 pursuant to Section 47F of Ordinance No. 82-73, as amended, the City Council hereby grants a waiver to the specific requirements of Section 47E.2 of Ordinance No. 82-73, as amended. Section 2. 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. CU94-17 for an amendment to a site plan approved by Ordinance No. 92-60 to allow expansion of approximately 2,000 square feet for banquet rooms in a district zoned "HC" Highway Commercial District Regulations and "SP" Site Plan District Regulations with a conditional use for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed drinks) in conjunction with the operation of a restaurant (LaCasa Mexican Cafe) within the following described property: Lots 1 and 2, Block 1, Northwest Plaza Center (1689 West Northwest Highway), 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 3. 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. Aw^ Section 4. 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 tow said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. ORD. NO. 94-67 3 Section 5. 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 6. 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 7. 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 8. 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 9. 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 he 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 August 1994. 1rr ORD. NO. 94-67 4 APPROVED: William D. Tate Mayor ATTEST: C%lc.�Ccv _ Linda Huff City Secretary APPROVED AS TO FORM: two John F. Boyle, Jr. City Attorney �r ORD. NO. 94-67 5 r a•-1 Vt• 7-1 a/4, eflt�IG nT&a mom wm ---�— � NORTH r ao,u vv. �I`1 mYMop b ' 1 as in o AM EXISTING LA GAAA ` F SER E HALLWAY o O MT. 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