HomeMy WebLinkAboutItem 02 - CU09-37 Applebee's 00 ITEM #
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER \511
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOI<
MEETING DATE: NOVEMBER 17, 2009
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU09-37
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;¢`r APPLICANT: Rick Civitarese
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Northwes PROPERTY LOCATION AND SIZE:
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The subject property is located at 2215 East
Grapevine Mills Circle and is platted as Lot 3, Block
Hall-Johnson 11)11
P= 5, Grapevine Mills Addition, Phase 1. The addition
contains 1.434 acres (62,465 square feet) and has
I�-- _7 _ approximately 275 feet of frontage along Grapevine
Glade Rd. m ! Mills Parkway (F.M. 2499).
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU99-41 (Ord. 99-109) for a planned commercial center in excess of 1,000,000
square feet of gross leasable space, with the possession, storage, retail sale and on-
premise consumption of alcoholic beverages (beer, wine and mixed beverages) in
coniunction with a restaurant, specifically to revise the floor plan, elevations and allow
outside dining.
The applicant is proposing to revise the floor plan of the former Bennigan's Grill &Tavern
restaurant and establish a new restaurant (Applebee's). A 566 square foot area of the
7,189 square foot structure will be converted for use as outdoor dining. The outdoor dining
area will have seating for 44 patrons. Total seating including indoor and outdoor dining
areas will accommodate 238 patrons; 79 parking spaces are required, 101 have been
provided. No outdoor speakers will be used in the outdoor dining area. Exterior elevation
changes include a revised front entry and additional masonry façade treatments.
1ZCU\CU09-37.4 1 November 9,2009(10:11AM)
PRESENT ZONING AND USE:
The property is currently zoned "CC" Community Commercial District with a Planned
Commercial Center in excess of 1,000,000 square feet of gross leasable space
designation. It is the former Bennigan's Grill & Tavern.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding property were rezoned in the 1984 City Rezoning from "1-1",
Light Industrial to "HCO", Hotel/Corporate Office and "PID", Planned Industrial
Development. The subject property was rezoned (Z95-13) to "CC", Community
Commercial on October 17, 1995. The subject property was granted a Conditional Use
Permit CU95-36 for development of a planned commercial center in excess of 1,000,000
square feet of gross leasable area and conditional use pole signs. The public entryway
features were approved as an addenda (ADD96-01) to CU95-36 by Resolution 96-34.
Conditional Use Permit CU96-26 (Ordinance 96-79) revised the site layout, the ring road
configuration and access to residential properties to the west. Conditional Use Permits
CU97-05 and CU97-06(Ordinance 97-09, 97-11)allowed alcoholic beverage sales(Sega
Gameworks) and amended the site layout. Special Use Permit SU97-04 (Ordinance 97-
10)allowed skill-oriented games in excess of eight(8)machines and two(2)billiard tables.
CU97-13 (Ordinance 97-28) allowed for alcoholic beverage sales in conjunction with a
restaurant (The American Wilderness Experience). CU97-18 (Ordinance 97-40) also
allowed for alcoholic beverage sales in conjunction with a restaurant (Rainforest Cafe).
CU97-29 (Ordinance 97-55) was approved by Council at the June 3, 1997 joint public
hearing which allowed for signage for the entire Grapevine Mills Mall project including the
outparcel areas. CU97-29 was later modified at the July 1, 1997 joint public hearing to
provide for an 80 foot entertainment globe(Ordinance 97-61). CU97-25(Ordinance 97-57)
was approved at the June 17, 1997 joint public hearing and allowed for alcoholic beverage
sales in conjunction with a restaurant(Tres Hombres)located in the outparcel area. CU97-
36 (Ordinance 97-72) amended the site layout for the development of a retail use in the
outparcel area (Michael's). CU97-42 (Ordinance 97-92)was approved at the August 19,
1997 joint public hearing and allowed the development of a retail tire store (Discount Tire)
in the outparcel area.
At the November 18, 1997 joint public hearing, a 38.255 acre Phase 2 development was
incorporated into the overall Grapevine Mills Planned Commercial Center located to the
southeast of the Mall proper across State Highway 26 and bordered also by the
southbound service road of State Highway No. 121 and Bass Pro Drive (Bethel Road).
Z97-22 (Ordinance 97-125) rezoned 11.825 acres from "PCD" Planned Commerce
Development District and 26.43 acres from "HCO" Hotel/Corporate Office District to "CC"
Community Commercial District for the development of Bass Pro Shops Outdoor World
and Embassy Suites Hotel. CU97-60 (Ordinance 97-126) and CU97-61 (Ordinance 97-
127) incorporated Bass Pro Shops Outdoor World and Embassy Suites Hotel into the
Grapevine Mills Planned Commercial Center and also allowed for on-premise consumption
of alcoholic beverages and seven 40 foot pole signs. The November 18, 1997 joint public
1ZCURCU09-37.4 2 November 9,2009(10:11AM)
hearing also established CU97-62(Ordinance 97-128) Rooms To Go,a 39,870 square foot - -
retail furniture store; CU97-63 (Ordinance 97-129) Chick-Fil-A, a 3,822 square foot
restaurant; and CU97-64(Ordinance 97-130)which allowed for off-premise consumption of
alcoholic beverages (wine only) for a lease space within the Mall proper. CU97-68
(Ordinance 97-147) was approved at the December 16, 1997 joint public hearing which
allowed the development of a 3,855 square foot heath care facility (Primacare) in the
Phase 1, outparcel area. CU97-75 (Ord. 98-10) was approved at the January 20, 1998
joint public hearing which amended the signage plan for wall signage associated with
outparcel tenants. CU97-76 (Ord. 98-11)was also approved at the January 20, 1998 joint
public hearing which approved a 10,095 square foot restaurant(Cozymel's) in the Phase 1,
outparcel area. CU98-03 (Ordinance 98-17)was approved at the February 3, 1998 joint
public hearing, which approved an amended floor plan for Dick Clark's American
Bandstand restaurant. CU98-07 (Ord. 98-40) allowed for on-premise consumption of
alcoholic beverages in conjunction with a restaurant(Corner Bakery). CU98-21 (Ord. 98-
74)was approved at the June 16, 1998 joint public hearing which amended the floor plan
for American Wilderness. Also approved with this request was a request by the Mills
Corporation to extend to January 15, 1999 the temporary parking areas at Anchor Pads A
and B. At the September 15, 1998 joint public hearing CU98-47 (Ord. 98-116) was
approved amending the floor plan for Cozymel's in the outparcel area of the Grapevine
Mills Mall. CU98-48 (Ord. 98-117) was approved at the same public hearing and
established MJ's Chop House/Mason Jar—a dual concept restaurant with alcohol
beverage sales in the outparcel area. Also, CU98-49 (Ord. 98-118) was approved at the
September 15, 1998 joint public hearing which aHowed for canopy extensions over the ,
main entrance and ticket window areas of the AMC Theater complex at Grapevine Mills.
CU98-57 (Ord. 98-130) was approved at the October 20, 1998 which allowed for the
development of a Black-Eyed Pea restaurant with alcohol beverage sales in the Phase 1,
outparcel area. At the November 17, 1998 joint public hearing Council approved CU98-59
(Ord. 98-135) allowing alcoholic beverage sales throughout the premises for "special
events"at Sega Gameworks. CU98-63 (Ord. 98-151)was approved at the December 15,
1998 joint public hearing which allowed fora 6-story, 121-room hotel (AmeriSuites) in the
outparcel area. CU98-79 (Ord. 99-17) was approved at the February 2, 1999 joint public
hearing which allowed a revision to the floor plan for Sega Gameworks. At the March 23,
1999 joint public hearing, Council approved CU99-12 (Ord. 99-16) which allowed for a
revision to Anchor"G"specifically a reduction in square footage from 35,790 square feet to
26,500 square feet for Iguana Ameramex. Council approved at the April 20, 1999 joint
public hearing CU99-17 (Ord. 99-61) for a restaurant in the mall proper(Jekyll and Hyde)
with on-premise alcoholic beverage sales (beer, wine, and mixed drinks). CU99-27 (Ord.
99-83) was approved at the May 18, 1999 joint public hearing which allowed for the
construction of a partial stone wall with trellis along the rear elevation for Cozymel's. At the
July 20, 1999 joint public hearing, Council approved CU99-41 (Ord. 99-109) for a 7,189
square foot restaurant (Bennigan's) with on-premise consumption of alcoholic beverages
(beer, wine, and mixed drinks) in the Phase 1, outparcel area. Council considered and
approved at the November 16, 1999 joint public hearing CU99-60 (Ord. 99-163)for a mall
expansion for Anchor"A,"CU99-61 (Ord. 99-164) an amendment to the parking layout for
Rooms-To-Go, and CU99-63(Ord. 99-165)a restaurant with on-premise alcohol beverage
1ZCU\CU09-37.4 3 November 9,2009(10:11AM)
sales(Trail Dust) in the outparcel area. CU99-71 (Ord. 99-178)was approved by Council at
the December 7, 1999 joint public hearing and allowed for the development of a 4-story,
105-room hotel (Hawthorn Suites), in the Phase 1 outparcel area of the Grapevine Mills
Mall. Conditional Use Request C000-16 (Ord. 00-43)was approved at the April 18, 2000
joint public hearing which allowed for changes the exterior elevations of Anchor"A."Special
Use Request S000-07 was approved at the June 20, 2000 joint public hearing allowing for
30 redemption/coin-operated games at the main (Texas)entrance of the Grapevine Mills
Mall. Conditional Use Request 0000-21 (Ord. 00-83)was approved August 15, 2000 and
allowed for a 114-room four story hotel immediately north of the AmeriSuites Hotel.
Conditional Use Requests C000-67 and C000-68 were approved at the December 19,
2000 meeting and allowed for the development of a restaurant with a drive-thru window
(Steak-n-Shake) and a business services/reproduction facility (Kinko's) in the outparcel
area of the Grapevine Mills Mall. Conditional Use Request CU01-38 was approved by
Council on July 17, 2001 and allowed for a 32,786 square foot expansion to the mall
proper at what was known as the "Texas' entrance, for a Neiman Marcus retail concept
known as"Last Call." Conditional Use Request CU01-51 and Special Use Request SU01-
07 was approved by Council at their October 16, 2001 meeting which allowed for a
restaurant (Chuck-E-Cheese) with video games in excess of eight machines in the
outparcel area of the Grapevine Mills Mall. A subsequent minor revision to the site plan for
Neiman Marcus relative to the location of a power generator and landscape island was
approved by the Site Plan Review Committee at their September 26, 2001 meeting.
Conditional Use Request CU02-17 was approved by Council at their May 21,2002 meeting
and allowed for a 20-foot pole sign for Rainforest Café immediately south of Neiman
Marcus "Last Call." Conditional Use Request CU02-16 was approved at the June 18,
2002 for and expansion of the mall proper to allow for the development of an indoor and
outdoor skating park(ESPN Skate Zone). At that same meeting,Conditional Use Request
CU02-21 was approved which allowed for an expansion of the alcohol consumption area to
include the entire floor area within Sega Gameworks. Conditional Use Request CU02-43
was approved at the October 15, 2002 meeting and allowed for a restaurant(Blue Goose)
which modified the floor plan associated with the former Black-Eyed-Pea restaurant.
Conditional Use Request CU03-14 was approved by Council at the May 20, 2003 meeting
which approved modifications for the site plan associated with the Springhill Suites hotel in
the outparcel area. Council approved Conditional Use Request CU03-19 at the July 15,
2003 meeting which allowed the development of a tunnel-based aquarium with the
possession, storage, retail sale, and on-premise consumption of alcoholic beverages(beer,
wine, and mixed drinks) in conjunction with a restaurant in the outparcel area of the
Grapevine Mills Mall. At the December 16, 2003 meeting Council approved Conditional
Use Request CU03-43 and Special Use Request SU03-06 to allow the possession,
storage, retail sale, and on-premise consumption of alcoholic beverages (beer, wine, and
mixed beverages) in conjunction with a restaurant/dance club called Midnight
Rodeo/Hondo's Grill and to allow the use of three pool tables. The concept was to be
located in the spaces previously occupied by"Just for Feet" and comprised some 20,130
square feet; the request never moved beyond the initial planning stages. Council also
approved Conditional Use Request CU03-47 at the December 16, 2003 meeting which
allowed for a restaurant (Ritzy's) in the outparcel area of the Grapevine Mills mall.
1ZCUI0009-37.4 4 November 9,2009(10:11AM)
Conditional Use Request CU05-01 was considered and approved at the January 26, 2005
Site Plan Review Committee meeting which allowed minor modifications to the exterior and
interior. Conditional Use Request CU05-08 was considered and approved at the March 15,
2005 meeting which allowed for on-premise alcohol beverage sales at the Chuck-E-
Cheese restaurant in the outparcel area.At the same March 15,2005 meeting Council also
approved Conditional Use Request CU05-09 to allow an approximate 8,000 square foot
expansion (Children's World) near the"Tornado"entrance to the mall. At the July 25,2006
meeting of the Site Plan Review Committee, CU06-33 was approved to allow for the
addition of 1,000 square feet of office space. At the November 7, 2006 meeting CU06-42
(Ord. 2006- 79) was approved for a car wash service, Pronto Wash, adjacent to Neiman
Marcus Last Call. At the November 21, 2006 meeting CU06-52(Ord. 06-83)was approved
for a 26,325 square foot retail structure located between Rooms To Go and Chuck E.
Cheese in the outparcel area. At the October 21, 2008 meeting CU08-25(Ord. 08-57)was
approved for a restaurant(Daan Sushi)with alcoholic beverage sales between Rooms To
Go and Chuck E. Cheese in the outparcel area. At the September 15, 2009 meeting
CU09-24 (Ord. 09-39) was approved for a restaurant (Love and War in Texas) with
alcoholic beverage sales to allow outside dining with outdoor speakers for live music
performances.
The H/A Grapevine Joint Venture property to the north and northwest of Anderson-Gibson
Road was rezoned in 1985 as a part of the "Terra Tract"to "R-MF-1", Multifamily District,
"R-MF-2", Multifamily District, "HCO", Hotel/Corporate Office, "LI", Light Industrial, "CC",
Community Commercial and "PID", Planned Industrial Development. The property never
developed. The same property was recently rezoned (Z95-06); the actual zoning
designations changed very little, but the deed restrictions and the letter of agreements
changed a great deal. At the August 4, 1999 meeting CU99-28 (Ord. 99-112) was
approved for the Cross Creek Apartments. Council approved at the meeting on February
21, 2006 zoning change request Z06-02 (Ord. 06-11) for a recently completed 39-unit
townhome development. At the November 18, 2008 meeting CU08-31 (Ord. 2008-65),
PD08-04 (Ord. 2008-66)and Z08-10(Ord. 2008-164)were approved for the Wagon Wheel
Apartments (currently under construction) on the site of the Cross Creek Ranch.
Approximately 98 acres located to the east and the north (Billingsley tracts) were recently
rezoned at the October 21, 1997 joint public hearing (Z97-15 and Z97-16, Ordinance 97-
117 and 97-118 respectively) from "HCO" Hotel/Corporate Office District, "P ID" Planned
Industrial Development District, and "R-20" Single Family Residential to"CC" Community
Commercial District and "BP" Business Park District (approximately 20 acres).
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "HCO"Hotel/Corporate Office, "R-MF-2,"Multifamily&"PID,"Planned
Industrial Development- Cross Creek Apartments and Cross Creek
Ranch
SOUTH: "HCO" Hotel/Corporate Office - Hilton Hotel and Austin Ranch
■ZCUACU09-37.4 5 November 9,2009(10:11AlV
EAST: "CC" Community Commercial - Fellowship Church (east side of S.H.
121 North)
WEST: "R-Mf-2" Multifamily District—vacant
AIRPORT IMPACT:
The subject tract is located within "Zone B" Middle Zone of Effect as defined on the
"Aircraft Sound Exposure: DaHastFort Worth Regional Airport Environs" map. In Zone B,
the following uses may be considered only if sound treatment is included in building design:
multi family apartments, motels, office buildings, movie theaters, restaurants, personal and
business services. Single family residential and sound sensitive uses such as schools and
churches should avoid this zone. The applicant's proposal is an appropriate use in this
noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial land use. The
applicant's proposal is in compliance with the Master Plan.
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\ZCU\CU09-37.4 6 November 9,2009(10:11AM)
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INE
T 'EKA S
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Name of applicant/agent/company/contact
Civitarese/Morgan+Architecture,LLC.
Street address of applicant/agent:
921 N. Industrial Blvd. Suite 100a
City/State/Zip Code of applicant/agent:
Dallas, Texas 95207
Telephone number of applicant/agent: Fax number of applicant/agent
214-659-9051 214-659-9001
972-746-0419
Applicant's interest in subject property:
Owners Architectural Firm
PART 2. PROPERTY INFORMATION
Street address of subject property
2215 Grapevine Mills Circle, East
Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet)
Lot 3 Block 5 Addition Grapevine Mills Addition, Phase 1
Size of subject property
1.434 Acres 62,465
Square footage
Present zoning classification: Proposed use of the properly::
c-c Applebee's Restaurant
Minimum/maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
For the sale, storage and on premise consumption of Alcoholic beverages.
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.
Apple Texas Restaurant, INC. Gary Brem
Street address of properly owner:
13355 Noel Road, Suite 1645
City/State/Zip Code of property owner.
Dallas, Texas 75240
Telephone number of property owner: Fax number of property owner.
972-644-9494 x109 972-644-9490
OCT i
t 2D09
C,UD937
❑ Attach a final plat,or replat,of the approved subdivision by city council showing property boundary lines,dimensions,easements,
roadways,rail lines,and public rights-of way crossing and adjacent to the tract(1 blueline copy)
❑ If a master development plan is required,attach a statement showing the proposed use substantially conforms to the master development
plan.
❑ 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 FINAL SITE PLAN
Ct1 Ca C1 v I TstZGSS
Print Applicant's Name: Applicant's Signature:
The State Of C./c A
County Of "D A\la s
Before Me C A.ro% on this day personally appeared CA... L 1 v: 4 A r e 42.-
.(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)Giv ow day of O cico P C r' ,A.D. OPOck .
:fi""r' %: CAROL MINSHEW
MY COMMISSION EXPIRES
March 11,2013
1' Notary In And For State Of Tex Am
Ilea
Print Property Owne Name: ` Property Owner's re
The State Of QICAS
County Of -DA'\A�• l ,
Before Me C1 ro\ t ; on this day personally appeared C \
(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)Given under my hand and seal of office this .S day of v CA ,A.D. 3-4-X7ctS .
1� CAROL MINSHEW MY COMMISSION EXPIRES MarCh 11,2013 ¶èlnAndForSjs --- - - _-
a 2009
Dtit
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
Date: /74/07
Signature of Owner
Date: AV'S r
l
C'C T 5 2003
C/Ft(tjA
0 - 3-7
CIVITARESE/MORGAN
ARCHITECTURE
October 5, 2009
Development Services
Planning Division
City of Grapevine
200 S. Main Street
Grapevine, Texas 76051
Re: Conditional Use Submittal for Applebee's located at 2215 Grapevine Mills Circle,
East
Our client Apple Texas Restaurant, INC. is requesting a Conditional Use Approval for the sale,
storage and consumption of alcoholic beverages (beer, wine and mixed beverages) at the
above referenced location.
There are no changes being requested for the existing Site or Landscape. We will be
reconditioning the existing landscape, replacing dead plants and cleaning up the beds to like
new condition. All the existing site drainage and site utilities are remaining the same with no
revisions being proposed.
We are requesting changes to the existing floor Plan and Exterior Elevations. The kitchen
layout and equipment remain the same with the changes being proposed to the dining room
and bar layout. The existing bump out dining room is being proposed to be adapted to a r
covered patio area. Drawings of the proposed Floor Plan and Exterior Elevations have been
submitted as part of the submittal.
If you have any questions/comments or need anything please don't hesitate to contact me at
214-659-9051.
Thank you,
Rick Civitarese
Principal
Civitarese/Morgan+Architecture
Or
9
921 N. Industrial Blvd. Suite 100A, Dallas, TX 75207 P. 214.659.9055 F. 214.659.9001
ORDINANCE NO. �Q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, 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 GRANTING CONDITIONAL USE
PERMIT CU09-37 TO AMEND THE SITE PLAN APPROVED
BY ORDINANCE. NO. 99-109 TO REVISE THE
RESTAURANT FLOOR PLAN, ELEVATIONS AND ALLOW
OUTSIDE DINING IN A DISTRICT ZONED"CC"COMMUNITY
COMMERCIAL DISTRICT REGULATIONS 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 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.
ORD. NO. 2
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 the City Code,
by granting Conditional Use Permit CU09-37 to amend the site plan approved by
Ordinance No. 99-109 for a planned commercial center in excess of 1,000,000 square foot
of gross leasable space, with the possession, storage, retail sale and on-premise
consumption of alcoholic beverages (beer,wine and mixed beverages) in conjunction with
a restaurant(Applebee's) specifically to revise the floor plan, elevations and allow outside
dining in a district zoned "CC" Community Commercial District Regulations within the
following described property: Lot 3, Block 5, Grapevine Mills Addition Phase 1 (2215 East
Grapevine Mills Circle) 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 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. 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
ORD. NO. 3
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
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 17th day of November, 2009.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4