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HomeMy WebLinkAboutItem 01 - CU03-43 and SU03-06 Midnight Rodeo and Hondo'sC c ITEM ;R /_1 A0- ? ZA /,2 - TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: DECEMBER 16, 2003 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU03-43 AND SPECIAL USE APPLICATION SU03-06 i I I I ----- - - - - -- --- � O Grapevine! 0 1 APPLICANT: Jeffery Lewis ore I I I I.H. 1635 \taE''' i sti oFW x Hall -Johnson Airport L —i 0 1 Glade Rd. m i c PROPERTY LOCATION AND SIZE: The subject property is located at 3000 Grapevine Mills Parkway Suite 611 and is platted as Lot 1 R1, Block 1, Grapevine Mills Addition, Phase 1. The addition contains 136.92 acres and has approximately 2,388 feet of frontage along State Highway 26 and 1,834 feet of frontage along Grapevine Mills Parkway (F.M. 2499). REQUESTED CONDITIONAL USE, SPECIAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the approved site plan of CU02-23 (Ord. 2002-51) for a planned commercial center in excess of 1,000,000 square feet of aross leaseable space specifically 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 The applicant is also requesting a special use permit to allow the use of three pool tables The applicant proposes to utilize the space presently occupied by "Just for Feet' in the Grapevine Mills mall as a restaurant with on -premise alcoholic beverage consumption that will also provide a dancing area and live music for patrons. The restaurant/dance club will \ZCU\CU03-43.42; SU03-06.4 1 December 10, 2003 (9:47AM) seat approximately 564 patrons. An analysis of the site plan reveals that the overall lease space comprises approximately 20,130 square feet; the kitchen area denoted on the floor plan comprises aproximately 1,110 square feet. The applicant has been fully informed of the fifty- percent food to alcoholic beverage ratio required of all restaurants that desire to serve alcoholic beverages to their patrons. There are approximately 540 excess parking spaces on the mail tract that can absorb the required 188 spaces the restaurant/dance club will generate. The applicant is also seeking a special use permit to allow the use of three pool tables. This request was tabled at the November 18, 2003 meeting so that the applicant could have more time to adequately prepare for the public hearing. 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 and is developed at the Grapevine Mills Mall. M 0 - --• a M A 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, \ZCU\CU03-43,42; SU03-06.4 2 December 10, 2003 (9:47AM) 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 Mail 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 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 health 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 allowed 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, \ZCU\CU03-43.42; SU03-06.4 3 December 10, 2003 (9:47AM) 1998 joint public hearing which allowed for a 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 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 C000-21 (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 Cafe 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 \ZCU\CU03-43.42; SU03-06.4 4 December 10, 2003 (9:47AM) 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 Mail. 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, "Ll", 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. Approximately 98 acres located to the east and the north (Billingsley tracts) were 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, "PID" 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 - vacant and Cross Creek Ranch SOUTH: "HCO," Hotel/Corporate Office - Hilton Hotel and Austin Ranch EAST: "CC," Community Commercial - vacant; Fellowship of Las Colinas (east side of S.H. 121 North) WEST: "PID," Planned Industrial Development - Residences AIRPORT IMPACT: The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort 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 2CU1CU03-43-42; SU03-06.4 5 December 10, 2003 (9:47AM) 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. yrs \ZCU\CU03-43.42; SU03-06.4 6 December 10, 2003 (9:47AM) I inch equals 800 feet � � ��#'• � � 'fit RECEIVED nPT n c nnnn ME ..... OF.... T E. A s CITY OF GRAPEVINE i SITE PLAN APPLICATION Form "B" PART 1. APPLICANT INFORMATION Name of applicant/ agent: Street address of applicant / a ent: Rio0(-k4-1- /vd' ` ;-e-) <D City / State / Zip Code of applicant / agent: 6rq Le L.);"e- T>, -- Telephone number of applicant/ agent: r - yf- OoC'6 Fax number of applicant/ a ent- Sf?— 4�� —?75ft Applicant's interest in subject property: ZC45e` PART 2. PROPERTY INFORMATION Street address of subject property /f /� .3 6-"b �rrti �e v � lV < ( `t c y l ( Ya J �ti/� Jnl e e 6 i ( Legal description of subject property (metes & bounds must be described on 18 112"x If' sheet) S, (l G p f l Cs /Ltr`l(5 �1`v4/ e#( rr~ e ✓r`�, e m Size bf subject property Acres a O/ 0-6-7) Square footage Present zoning class cation:Proposed use of the property.• C,U,p, Give a general description of the proposed use or uses for the proposed development: Zoning ordinance provision requiring a conditional use:: / .sec, 02� .L'. L — 416o1 o1 G Xevt/a '� 5tle 6 A re471(7t 0ti5vPh �r,vAii PART 3. PROPERTY OWNER INFORMATION Name of current property owner. %f / / / CSr* 4 ff'J L,`/Lt[ 1 rel,(4-Al t/ �i,O <Vi`N< / Street address of property ownerf� —/ 3�b Cs�a ✓i`n,c t I,`�%5 /o4lKww�� �t�i.va�tnr�,�T' 04�r'Ct City/ State / Zip Code of property owner. 6/ uPt (, ,V--4. 7 k- 7-62 o 5-1 V t Telephone number of property owner. (9-;a ) ZaK - (t9 to Fax number of property owner. (s72 ) a (-( - q--7 ❑ Attach a final plat, or repiat 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 ( f 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 ait 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 rocess. 4 a / hs I-- C ,,,, l;, — RECEIVED PART 4. SIGNATURE TO AUTHORIZE FILING OF A FINAL SITE PLAN QC1 -0 6 2003 PAGE ..... OF.... Print Applicant's /Na`me: Applicant's Signafu The State Of-.--y�-- County Of_—t,,a-tn �( Before Me � - X A \SI A.��1L4 C &- on this day personally appeared �1 (applicant) (notary) 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. n (Seal) Given under my hand and seal of office this day of �t if 11 1 A.D. MEEU48SA `- Notary In to I EXPIRES: "ra MARCH 7, 2007 Print Property Owners Name: Property Owner's Signal ure The State Of County Of �',-+ ----�otai�y) Before Me t on this day personally appeared (propertyowner) 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. (Sean Given under my hand and seal of office this �� day of i) �Q� A.D. , rD . TAMMY J. CARDEN .say'"•• •�,s =t•` ` - Notary Public, State of Texas n And For Sta Te as z My Commission Expires June 27, 2485 HMA. RECEIVED PAGE ..... OF.... eT $ " s CITY OF GRAPEVINE SPECIAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION ofNameof applicant/ agent: _ ( / Se Street address of applicant/ agent 3(0 City I State /Zip Code of applicant/ agent: G:,yakeev',Nxe- ()(- 76051 Telephone number of applicant/ agent: Fax number of applicant/ agent: qI -) - -)If- oocc/. L'/7 - gPoO- 725-,6 Applicant's interest in subject property: Z,e 0i LG PART 2. PROPERTY INFORMATION Street address of subject property / ( / 3oD� �raPe�:Nt �'t 1S A/I—C— Legal description of subject property (metes & bounds must be described on 8 112'x 11 sheet) 5PAee 416rt Loi- ! Gra ;Its J.4 Wo pU;he b Size of subject property 2— d OC D Acres Square footage Present zoning classification: Proposed use of the property. (,u, f) Minimum I maximum district size for special use request. Zoning ordinance provision requiring a special use: // // LI, // r SPL , /��.�. t+i ��Cb ►1Dir� b-0ue 54ipi 4! DN 10 re/KI's P) PART 3. PROPERTY OWNER INFORMATION !7'1 Iv Name of current property owner 6) r,,, pe U; .,e r�; 1s ;,r.: J a� •s�, Street address of property owner: 3 a a o Gr,'L 0," A; /ll5 A/' ef City/State /Zip Code of property owner. G T �6 0 5" r,,. Ae v; N� Telephone number of property owner: Cl Ll -1 Fax number of property owner. 97.)- - 72 V ❑ Submit a letter describing the proposed special use and note the request on the site plan document ❑ in the same letter, describe orshow on the site plan, and special requirements or conditions imposed upon the particular special use by applicable district regulations (example: buffer yards, distance between users) ❑ M the same letter, describe whether the proposed special 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 special 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 plan submission shall meet therequirements of Section 47, Site Plan Requirements. 'O All conditional use and special use applicafrons are assumed to be complete when fled and will be placed on the ajeffidYor pubf/C heaping at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. O 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. 0 Any changes to a site plan (no matter how minor or major) approved with a conditional use or special use permit can only be approved by city council through the public hearing process. 0 1 have read and understand all the requirements as set forth by the application for conditional use orspecial use permit and acknowledge that all requirements of this appiketion have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE REQUEST SIGN ON THE SUBJECT PROPERTY The State Of County Of � �X Yfi(-�-"�" Before Me �Y1 P «S r _\� c c --^---,on this day personally appeared �-�� (applicant) S (notary) 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 n\-�:MARCH A MARE /1811tIC10NRYi�IUSTATE0FTEXWNNISSION EXPIRES: 7. 2007 Print Property Owners Name: Lto�,cr+ } COC,&lC day of L e C.,e , A.D. &C---C,- Property The State Of_—I D— County Of 7-a Ya I t Before Me on this day personally appeared o b I � � ITQ Lau - notary) ��--- notary) (property owner) known to me (or proved to me on the oath of card or other documentl 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. y (Seal) Given under my hand and seal of office this �� day of C L ► Y � 1 J.Q i A.D. "a,,,„ a°a TAMMY J. GARDEN Notary Public, State of Texas } }�F My Commission Expires June 27, 2005 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 BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU03-43 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2002-51 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT/DANCE CLUB 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, an is in the best interest of the public ORD. NO. 2 a., at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. NOW, - •- BE IT ORDAINED BY THE CITY COUNCILOF 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 CU03-43 to amend the site plan approved by Ordinance No. 2002-51 for a planned commercial center in excess of 1,000,000 square feet of gross leasable space 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 (MidnightRodeo/Hondo's) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1 R1, Block 1, Grapevine Mills Addition, Phase 1 (3000 Grapevine Mills Parkway, Suite 611) 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. 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. 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 ORD. NO. 3 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. 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. 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 December, 2003. ATTEST: ORD. NO. 4 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. 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. 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 passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE on this the 16th day of December, 2003. "TAW91063TIM ATTEST: ORD. NO. 4 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 the City does hereby issue a special use permit in accordance with Section 49 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 Special Use Permit SU03-06 to amend the site plan approved by Ordinance No. 2002-51 for a planned commercial center in excess of 1,000,000 square feet of gross leasable space specifically to allow the use of three pool tables in conjunction with a restaurant/dance club (Midnight Rodeo/Rondo's) in a district zoned "CC" Community Commercial District under City of Grapevine Ordinance No. 82 -73 within the following described property: Lot 1 R1, Block 1, Grapevine Mills Addition, Phase 1 (3000 Grapevine Mills Parkway, Suite 611), all in accordance with a site plan approved pursuant to Section 49 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. The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas to reflect the herein special 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. 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 are in direct conflict with the provisions of this ordinance. ORD. NO. 3 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 special 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 49 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, 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 special 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 special 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 transportatibn, 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 special 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 special use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at large, ORD. NO. 2 ORDINANCE i AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SPECIAL USE PERMIT SU03-06 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2002-51 FOR THREE POOL TABLES IN CONJUNCTION WITH A RESTAURANT/DANCE CLUB IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 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 SPECIAL 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 special 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 special 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 Is APPROVED AS TO FORM: OUT PARCEL SITFC !1..r%7R R79 CF TtIT61 1 7,489 SPACES &029 SPACES LAT 1. BLOCK 3 10041 SF 1,036 SF 10.04% tM UAM ED 49.236 SF 13775 SF 9.7X) 56 272 SF 96 SPACES 111 SPACES MKSIAELLS. LOT 1. BLOCK 2 110.581 SF 26.742 SF 24.18% tH MITEU 66,104 SF 17,735 SF 160X) 92,646 SF 139 SPACES 139 SPACES DISCOUNT WE. LOT i. BLOCK 4 37,346 SF 7.700 SF 20.62% 50 FT. 206170 SF 9.476 SF 2341n 27,810 SF - t9 SPACES 27 SPACES ROOMS 70 00. LOT 2. BLOCK 2 1 164,171 SF 39.870 Sr 21.65X 25-8' 86.876 SF 57.425 SF 31.2%) 126,746 SF - 205 Spm 206 SPS aim -Flt -A. LOT I. i rn 5 53.769 SF 3.822 SF T.ii% 25 FT. 31537-9- 18.610 SF (34.6%} 35.159 SF - 37 SPACES 47 SPACES PRIMACARE. LOT 2. BLOCK 4 23.598 Sr 3,855 SF 16 -VX 25 FT. 13.014 SF 6.729 SF 285%) 16.869 SF 25 SPACES 25 SPACES COZTMEVS, LOT 3, BLOCK 2 77.955 SF 9.429 SF 1210% 30 FT. 49.461 SF 19.065 SF (24.5X) 56,890 SF - 126 SPACES 126 SPACES MASON JAR S. LOT 3, BLOCK 2 85,135 SF 10.345 SF 1215% n FT. 58,413 SF 15,275 SF t17-61ft 69,858 SF - 126 SPACES 141 SPACES BUJE GOOSE FISH COMPANY. LOT 3. BLOCK 4 53.676 SF 5.909 SF 11.01% 21-11" 33.390 SF 14.377 SF 26.77.) 39.299 SF 70 SPACE$ 70 SPACES AMERISUlTES. LOT i, 81.m 6 106,488 SF 13.551 Sr 12 49% 69' -8' 5%322 SF 36,615 SF (33.810 71,873 SF - 126 SPACES 130 SPACES BENNIOAWS, LOT 34 BLOCK 5 62,465 SF 7,189 SF 11.51% tt FT. 39.870 SF 24.66X) 47,060 SF - 97 SPACES 101 SPACES TRAIL DUST STEAK LOT 1R, BLOCK 3 104.239 SF 14,604 SF 14.01% " FT. 67,248 SF (21.48X) 61,852 SF 132 SPACES 159 SPACES HAWlHORN SUITES LOT 2. BLOCK 6 119.355 SF 22,962 SF 19.24% tt FT. 45.101 SF 39.19 68,063 SF - 128 SPACES 128 SPACES SPR7NGt9LL SUITES LOT 3 BLOCK 6 101,244 SF 16,872 SF 16.66% 64'-1' 51.287 SF (3268X) RSF(53.38i�� 68,159 SF 114 SPACES 114 SPACES STEAK--n-SHAKE. LOT 4C BLOCK 5 54.17 SF 3,880 SF 7.08% 20.4 F1. 33,827 SF (31.18 37.T SF 45 SPACES 54 SPACES KINKWS, LOT 4, BLOCK 4 47,699 SF 6,600 SF 13.78% 24'-4" 20,522 SF (53.38%} 27,122 SF - 42 SPSPACES CHUpC E CHEESE LOT 5,BLOCK 2 68.581 SF 11,949 SF 13.SIX 27-0- 62.274 SF(16.21%) 74,223 SF - 146 SPACES 147 SPACES UNDERWATER WORLD, LOT 4. BLOCK 6 99,252 SF 48 625 SF 1 48.99% 1 55'-0" 23.450 SF 27,177 SF(27.7%) 72A75 SF 1 438 SPACES 1438 SPACES _..- -1- -.- - ,.- - 9.vyct ar 1ci.rc7.) i.Un.a4s sr 2111 SPACES 2209 SPACES IMM OF 9' AND 1@&W UM G K40 M PARMNO SIMI. BE DEMMIM AOCOROW6 TO iM 6RAMWE CODE OF aR4aUt = CWU 23, SECTIOI+ 23.64 - 23.69. D. 00i116 SURFACE AND SURFACE DRUM FACNl= SIM ON VIISM 1UPOORAI'NY PIAN. ESHOW PROPOSED AMM ON P UJRY AWWANFAREPIAN. • ON MALL PROPERTY CURVE DATA TABLE CURVE RADIUS � Q7dE YDIiQ[f RODEO Mu11BER Giga- CHORD BEARING RmworwIlisMiLLS PARKWAY (4 340.00' IR �L 11A10R SECAETMflY ; $ ARD ZOIi1C OOL88551Ot1 C2 30.00 e NOT ANY t10RIC a8ecr E Jew 9R 9000 00 Bn..w+an wr we.a,.er�.eew.ner 977.00 _..- -1- -.- - ,.- - 9.vyct ar 1ci.rc7.) i.Un.a4s sr 2111 SPACES 2209 SPACES IMM OF 9' AND 1@&W UM G K40 M PARMNO SIMI. BE DEMMIM AOCOROW6 TO iM 6RAMWE CODE OF aR4aUt = CWU 23, SECTIOI+ 23.64 - 23.69. D. 00i116 SURFACE AND SURFACE DRUM FACNl= SIM ON VIISM 1UPOORAI'NY PIAN. ESHOW PROPOSED AMM ON P UJRY AWWANFAREPIAN. • ON MALL PROPERTY CURVE DATA TABLE CURVE RADIUS LENGTH CHORD BEARING DELTA Cl 340.00' 425.23' 39$.05 S 55'56 59" W 71'39 29" C2 30.00 47.12 42.43 S 65'0? 14 W 9000 00 C3 977.00 146.19' 146.06 N 6535'34" W 08'34 24 C4 30.00 47.59 42.76' N 15'5128 W 90'53 48 C5= 1458.00 741.64 733.67 N 440946 E 29'08 41 CS 758.00 219.89 219.12 N 805830 E 163716" C7 758.00 24.92 24.92 N 59'40'37' E 1 01-53'01' UNE DATA TABLE UNE DIRECTION DISTANCE UNE DIRECTION DISTANCE Lt S 891708 W 245.23 L9 S 8813'17 E 103.41 L2 N 84'39'55- W 184.98 L10 N 20'0714 E 18.98 L3 S 8$04 28 W 28$.84 Ltt S 61'1822 E 23.39' L4 N 4428'04' W 76.36 L12 N 66'3830 E 25.80 L5 S 01'46'42- W 22.18 L13 N6638 30 E 159.07 L6 S 59-08-24W 129.66 L14 N 66'38 30 E 73.36 L7 S 442311 E 68.65' 1 L14 N 8804 28 E 129.82 L6 N 46 46 43 E 56,57 V."124. P.02000 1R%/AICf 2B jowr vast PF F. IDUMM ARE SIM FROM FACE TO FACE wem R ALL THE REWIREOVIS OF X 1#iAPEVINE SOS. EROSION CONTROL OR09Ma SHALL BE to DURING THE Pg= OF CONSTRUCTION. GRAPEVINE MILLS ADDITION - PHASE 1 CASE NO WON, UO3- IdiD AGHT RODEO. 3000 WEST GRAPEVINE MIIL S PARKWAY LOT 1Ri BLOCK 1. GRAPE94E MILLS ADDITION. PHASE I c n Am u HMO _i i I CORPORATION RECEIVED OC1 962081 ySE....AF..,. MASTER SITE PLAN sale: f6w OAK 0-6-" - "5I►ta . 1 I+' Z I ENTRY \/4 U 80018800 DOIAUDS -� Conditional Use Request CU03-43 is a request to amend the approved site plan of CU02- 23 (Ord. 02-51) for a planned commercial center in excess of 1,000,000 square feet of gross leasable space specifically to allow the possession, storage, retail sale, and on - premise consumption of alcoholic beverages (beer, wine, mixed beverages) in conjunction with a restaurant/dance club. Special Use Request SU03-06 is a request to allow the use of three pool tables. The entire site is the premise A minimum ratio of 50 percent food sales to alcoholic beverage sales is required. � Ilftn2�iur IIIIi;I • �i� is • •I (�.. (�I • • I Ii• ■ ■ ■ • ■• • ■ • • • ■ • • ■ ■ ■ ■ ■ ■ ■ ■�,� • • • • • • • • • • • • • • • • • • two • t r FBAR 3 0 RACETRACK DANCE FLOOR i t t EXTERIOR ---------- "P — ar ��.�.us � tlri cscgt z W 2 O 'S vX50`;%, mnmi :•::•: = IIIA i�illl�lill�li . i-� INN �.moll i ----------------------------- -------- Floor Flan_ .g Morgan Architecture. Group, Inc. 9215 MEADDWCLEN DR. DALLAS, TEXAS 75238 214-55J-9999 orf OF MM[ qAl MMMM IMI,M. so MOPIIIIlNt •M MM)q•tM n ,IIOIIM • 110110AM M0. M• fY•C� O/MIq gw �3 fA 0 M Project No. 0114 Drawn Sy: TbIIK Checked By. TM Sheet Title, HQD041=11,AYOVf Drawing No. A1.01