From
Chris Hartmann
Title
SU170104 - Specific Use Permit - Juan's Beer Barn (City Council District 5). A request to approve a Specific Use Permit to operate a drive-through facility associated wtih retail beer and wine for off-site consumption. The 0.678-acre property is zoned Central Area (CA) District, located within the Central Business(CBD) Overlay District, Section 2 and addressed as 507 E. Main Street, Suite 100. The applicant is Erik Jaimes and the owner is Blanca Barbosa. (On February 6, 2017, the Planning and Zoning Commission recommended approval of this request by a vote of 7-1; On February 21, 2017 the City Council tabled this item).
Presenter
Assistant City Manager Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
Request for the approval of a specific use permit to operate a drive through facility associated with retail beer and wine sales (Juan’s Beer Barn). The 0.678- acre property is zoned Central Area (CA) District and within Central Business District No. 2 (CBD 2). The subject site is located at 507 E. Main Street, Suite 100 and is attached to an existing Mexican restaurant.
ADJACENT LAND USES AND ACCESS:
North - The property to the north is zoned Central Area (CA) District. The property is developed as a Funeral Home and Florist.
South - Immediately south is Pacific Avenue, a local 2-lane undivided roadway. Farther south is the Union Pacific Railroad ROW, Jefferson Street, and auto-related uses. All properties to the abutting south is zoned Central Area (CA) District.
East - The property to the east is zoned Central Area (CA) District. The property is developed for commercial and personal service uses.
West - The property to the west is zoned Central Area (CA) District. The property is being used for retail furniture store uses.
PURPOSE OF REQUEST:
The applicant is seeking a specific use permit to operate a retail beer and wine sales business with a drive-through. All retail establishments with a drive-through require the approval of a specific use permit in all zoning districts where they are permitted per Article 4, “Permissible Uses” of the Unified Development Code, Section 4.8.4., if they are located within 300 feet of any Agriculture, Single-Family, 2 Family, Multi-Family zoning district, or designated overlay district. Also, all nonresidential development located within a designated overlay district require site plan approval from the Planning and Zoning Commission and the City Council at a public hearing. The property is located in the Central Business District Two (CBD-2), which is considered an Overlay District. This application submittal is being made in substantial conformance to these requirements.
HISTORY & PROPOSED CHARACTERISTICS AND FUNCTION:
La Cabana Beer Barn originally opened in September 2006. The establishment’s Health & Alcohol permit was revoked in December 2009 by the City’s Environmental Health Department. In March 2010, under a change of ownership La Nueva Cabana opened and operated the beer barn until December 2011 under new ownership. Research shows that the business closed voluntarily sometime in 2012. Since the drive-through facility had since lost its non-conforming status; an SUP shall be required per UDC stated above.
Site & Use:
The subject 0.678-acre property occupies a lease space attached to an existing restaurant (Taqueria Santa Maria) located at Suite 100, 507 E. Main Street. The combined 4,800 square foot property is under single ownership. As was previously orientated, the applicant does not propose any new changes to the general layout of the drive through facility. The front entry consists of an overhead door allowing for patron to drive vehicles through the beer-barn design and make orders and exchange commerce in that fashion. The primary entry/approach off East Main Street and minimum vehicular stacking requirement conform to City standards as do the expected circulation patterns. The site meets the minimum parking requirement for restaurant/retail establishments.
COMPREHENSIVE PLAN:
The subject property is designated as appropriate for Mixed Use on the Future Land Use Map (FLUM). The proposal is consistent with the FLUM.
REQUESTED APPEALS BY APPLICANT:
The applicant is volunteering to add conditions of approval to this request. The voluntary conditions are centered on the business’s operation, advertisement, employee attire and interaction with patrons.
As submitted in writing the applicant proposes:
• Employees shall be dressed in jeans and t-shirts given by the business owners. The shirt will be covered showing no less than the neck down and up to their elbow. Shirts will be navy blue with the name of the business.
• Employee shall take all orders from inside the business’s property on a tablet or paper pad on a first come first serve basis. Orders shall be taken from patrons in vehicles only. Walk-in orders shall be prohibited.
RECOMMENDATION:
The Development Review Committee recommends approval subject to TABC and all Federal Alcohol Regulations and adherence to self-imposed operational conditions.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
1. The development shall adhere to the City Council approved Exhibits B & C- Site Plan Package, of this ordinance, which are herein incorporated by reference.
2. Employees shall be dressed in jeans and t-shirts given by the business owners. The shirt will be covered showing no less than the neck down and up to their elbow. Shirts will be identifiable with the name of the business.
a. Business Hours Monday-Friday 11:00 AM -11:00 PM; Saturday 11:00 AM-1:00 AM; Sunday 12:00 Noon - 11:00 PM
3. Employee shall take all orders from inside the business’s property on a tablet or paper pad on a first come first serve basis. Orders shall be taken from patrons in vehicles only. Walk-in orders shall be prohibited.
a. Employees will not stand or get close to the street as part of advertisement.
b. No load music at or near the street
c. For stacking purposes, no more than six (6) vehicles inside drive through with no vehicles blocking public rights-of-way.
4. All operations shall conform to the site plan and operational plan as approved by the City Council under case number SU170104.
5. Development shall be in compliance with TABC - Texas Alcohol and Beverage Commission rules and federal alcohol regulations.
6. Provide all stipulations mentioned above and included in the Operational Plan as conditions of any and all lease agreements as well as Certificate of Occupancy terms and requirements.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING ORDINANCE AND MAP BY SHOWING THE LOCATION, BOUNDARY, AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR RETAIL BEER AND WINE SALES WITH DRIVE THROUGH IN THE CENTRAL AREA (CA) AND WITHIN THE CENTRAL BUSINESS DISTRICT CORRIDOR, SECTION 2 (CDB 2) FOR BEER BARN TO WIT: BEING 0.678 ACRES OUT OF THE JOHN W. KIRK SURVEY, ABSTRACT NO. 726, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, SPECIFICALLY, KIRK ADDITION, BLOCK 1, LOT 1 LOCATED AT 507 E. MAIN STREET; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and Map of said city so as to amend the zoning designation of said site to include a Specific Use Permit for retail beer and wine sales with drive through; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on February 6, 2017, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of a Specific Use Permit for retail beer and wine sales with drive through is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 1 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for retail beer and wine sales with drive through; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on March 7, 2017, to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the, Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question, as well as other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance to the extent that a specific use may be made of said property as herein provided and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1.
That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled:
"THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..."
passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1018 for the property, addressed as 507 E. Main Street, Suite 100, legally described in Exhibit A - Location Map, Exhibit B-depicted in the Site Plan- Exhibit C-as stated in the Operational Plan, attached hereto.
SECTION 2.
Purpose and Intent
The purpose of this Ordinance is to provide the appropriate restrictions and development controls that ensure this Specific Use Permit is compatible with the surrounding development and zoning and to also ensure that the development complies with the City’s Comprehensive Plan and Unified Development Code.
SECTION 3.
Specific Use Permit
For operation of a Specific Use Permit for BEER AND WINE SALES with drive through in the CENTRAL AREA (CA) District, AND WITHIN CENTRAL BUSINESS DISTRICT CORRIDOR, SECTION 2 (CDB-2); the following standards and conditions are hereby established as part of this ordinance:
1. The development shall adhere to the City Council approved Exhibits B & C - Site Plan & Operational Package, of this ordinance, which are herein incorporated by reference.
2. Employees shall be dressed in jeans and t-shirts given by the business owners. The shirt will be covered showing no less than the neck down and up to their elbow. Shirts will be navy blue with the name of the business.
3. Employee shall take all orders from inside the business’s property on a tablet or paper pad on a first come first serve basis. Orders shall be taken from patrons in vehicles only. Walk-in orders shall be prohibited.
4. All operations shall conform to the site plan and operational plan as approved by the City Council under case number SU170104.
5. Development shall be in compliance with TABC - Texas Alcohol and Beverage Commission rules and federal alcohol regulations.
6. Business Hours of Operation; Monday thru Friday 11:00 AM-11:00 PM, Saturday 11:00 AM-1:00 AM; Sunday 12:00 Noon-11:00 PM.
SECTION 4.
Compliance
1. By this Ordinance, this Specific Use Permit shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if a Certificate of Occupancy is not issued for said use within one (1) year after City Council adoption of this Ordinance, or upon cessation of said use for a period of six (6) months or more.
2. Furthermore, by this Ordinance, the City Council shall conduct a public hearing six (6) months after City Council approval of this Specific Use Permit to confirm compliance with all applicable codes which shall include, but not be limited to, the requirements of this Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, city adopted building codes, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government.
3. It shall be unlawful for the owner, manager, or any person in charge of a business or other establishment to violate the conditions imposed by the City Council when a Specific Use Permit is granted, and the violation of those conditions could result in a citation being issued by the appropriate enforcement officers of the City of Grand Prairie. Violation of this provision may be punishable in accordance with Section 1-8 of the Code of Ordinances of the City.
4. This Specific Use Permit shall run with the land and therefore may be transferred from owner to owner; however, each new owner shall obtain a new Certificate of Occupancy.
5. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its number and title.
SECTION 5.
It is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTION 6.
All ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7.
That this Ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 7th of MARCH, 2017.
ordinance no. 10241-2017
specific use permit no. 1018
case no. SU170104