HomeMy WebLinkAboutItem 04, 31, 32 - CU18-03 Corky'sTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: APRIL 17, 2018
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU18-03 AND SU18-02,
CORKY'S GAMING BISTRO
`—
Grapevine
'D APPLICANT: Neil Hupfauer
PROPERTY LOCATION AND SIZE.
! s I.H. 1635
The subject property is located at 3520 North
Grapevine Mills Boulevard and is platted as Lot 5A2,
Block A, Grapevine Mills Crossing Addition. The
entire property contains 19+ acres and has
Sy DFW 3 I
Hall -Johnson Airport60 1 approximately 1,544 feet of frontage along North
T____ o Grapevine Mills Boulevard, and 535 feet of frontage
L-3 Glade Rd. — �, —I _i along State Highway 121.
o -
REQUESTED CONDITIONAL USE, SPECIAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU06-55 (Ord. 2007-06) for a planned commercial center. specifically to allow the
possession, storage, retail sales, and on -premise consumption of alcoholic beverages
(beer, wine, and mixed beverages) in conjunction with a restaurant with outside dining.
The aoolicant is also seekina a special use oermit to allow skill/coin-ooerated machines in
excess of eiaht machines
It is the applicant's intent to occupy a 13,675 s.f. lease space in an existing 49,000+ s.f.
multi -tenant structure that will include dining for approximately 128 patrons (100 indoors,
28 outdoor patio), video and pinball games (estimated 78 machines), an escape room
experience, and axe throwing. Relative to the existing uses on site, along with this
request, and the proposed 27,400 s.f. of new construction proposed as part of the master
0:\ZCU\CU18-03.4 & SU18-02.4 1 April 11, 2018 (10:51AM)
site development plan request ("The Shacks"), approximately 578 parking spaces are
required to serve the needs of the retail portion of the site; the applicant has provided 627
spaces.
The applicant proposes to bring together classic arcade games, escape rooms, and axe
throwing along with full food and beverage service into one location. Each of the five axe
throwing areas are supervised by a coach and divided by a wire mesh room divider. Each
lane is further divided such that only one person at a time throws the axe at only one
designated target. Only two patrons are allowed to throw axes, one at a time in each
divided lane. All non -throwing patrons must remain outside of the throwing area, in the
safety area. See the attached material.
PRESENT ZONING AND USE:
The property is currently zoned "CC" Community Commercial District with a planned
commercial center designation and is partially developed with an approximate 49,646 s.f.
multi -tenant building.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding properties were rezoned in the 1984 City Rezoning from 1-1"
Light Industrial District to "HCO" Hotel Corporate Office District and "PID" Planned
Industrial Development District. The subject property was rezoned (Z96-08) in June 1996
to "CC" Community Commercial District for a retail shopping development that never
occurred. The property to the west currently occupied by the Grapevine Mills Mall and its
associated outparcel development was rezoned in 1995 to "CC" Community Commercial
District to facilitate the development of the mall. Numerous conditional use requests have
been approved at this location since the development of the mall. The property to the
immediate south is developed as an Ashley's Furniture store. At the October 19, 2004
meeting, Council approved a conditional use permit (CU04-32) for the establishment of a
15 -acre planned commercial center as well as the signage necessary to serve the site that
is located just south of the Ashley Furniture site. Across Grapevine Mills Boulevard North
to the north several conditional use permits have been approved for Magic Mike's
convenience store with gasoline sales (CU98-01) and Speedway Grapevine Car Wash
(CU04-01). Council approved at the February 21, 2006 meeting a conditional use permit
(CU06-03) to establish a planned commercial center in conjunction with a furniture store
(La -Z -Boy) and a 40 -foot pylon sign along Grapevine Mills Parkway. At the February 20,
2007 meeting the Council approved a conditional use request (CU06-55) that established
a planned commercial center on the subject 18+ acre tract along with a first phase 49,000
s.f. multi -tenant building and two, 40 foot pole signs. Conditional use request CU07-33 was
approved by the Council at their June 19, 2007 meeting and approved a 7,900 s.f. tire and
battery store (NTB National Tire and Battery) along with a 20 foot pole sign within the
planned commercial center. Conditional use request CU13-26 was considered and
approved by the Site Plan Review Committee at their November 6, 2013 meeting and
0:\ZCU\CU18-03.4 & SU18-02.4 2 April 11, 2018 (10:51AM)
allowed for the subdivision of one undeveloped lot into two separate lots for future
development.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District—Magic Mike's convenience
store, Speed Way Grapevine carwash, vacant property
SOUTH: "CC" Community Commercial District—Ashley's Furniture, vacant
property
EAST: City of Coppell
WEST: "CC" Community Commercial District—Grapevine Mills Mall, Rooms
To Go, Chuck -E -Cheese, Michael's
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 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 C/MU Commercial/Mixed Use land
use. The applicant's proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Grapevine Mills Parkway as a Type A, Major Arterial
with a minimum 100 -foot right-of-way developed as six lanes with median. North
Grapevine Mills Boulevard is designated a Type B, Major Arterial with a minimum 80 -foot
right-of-way developed as four lanes with median.
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Date Prepared: 4/6/2018 used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is
given or implied as to the accuracy of said data.
cul 18-6 a
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant /a ent:/company/contact
Games For All, LLC d/b/a Corky's
Street address of ap licant /agent:
600 Be ire Lane
cplI de�l�bope7519
Tel hone number of a licant / agent: Fax number of ap IicanUa ent
T69 628-2193 1817 639-154
Email address of a plicant/agent , Mobile hone number of ant/agent
469 628-210
PART 2. PROPERTY INFORMATION
Street address of subject property
3520 Grapevine Mills Blvd. N
Legal description of subject property (metes & bounds must be described on 8 1/2" x 11"sheet)
Lot 5 " ri'2 Block " te- Addition G ra pevi n e
Size of subject property
Mills Crossing
5.1608 Acres 224,804 Square footage
Present zoning classification: Proposed use of the property:
HCO Restaurant, Coin -Op Games, Escape Rooms, Axe
Circle yes or no, if applies to this application
Outdoor speakers Yes 0
Minimum / maximum district size for conditional use request.
Zoning ordinance provision requirin a conditional use:
Restaurant with patio, coin-operated video games.
Throwing
I PART 3. PROPERTY OWNER INFORMATION I
Name of current property owner:
Grapevine Crossing Holdings, LLC
str1722SKouth nStreet, Suite 770
City / State / Zip Code of pro erty owner.-
Dallas
wner:Dallas TX 75201
Telephone number of propertv owner:
214 270-1000
F2number
u4 2 �_ 992
By
Cur 8--03
❑ Submit a letter describing the proposed conditional use and note the request on the site plan document
❑ In the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional
use by applicable district regulations (example: buffer yards, distance between users)
❑ In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, or enjoyment of
other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of other
property in the neighborhood.
❑ Application of site plan approval (Section 47, see attached Form "B').
❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public
hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date.
❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the
next public hearing. Public hearings will not be tabled.
❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or conditional use permit can only be approved
by city council through the public hearing process.
❑ I have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and
acknowledge that all requirements of this application have been met at the time of submittal.
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
Neil Hupfauer
Print Applicant's Name:
The State of Texas
County Of Dallas
Appli ant's Signature:
Before Me NA.W .4 (--i'i'.Ri -on this day personally appeared Nell Hupfauef
(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 expressed.
(Seal) Given under my hand and seal of office this day of F�ifA.D. 2018
DONNA L CARTER
-
__. Notary Public, State of Texas
Notary In And For State
Q: Comm. Expires 07-11-2021Y Texas
Notary ID 12199925
C�fL�4P�tli�JE Gr7o5Si�Ja- IJot.t�i�lr5,(,�t� __ .
Print Property Ownner1s/N.�ame: Prope y Owner's Signature:
The State Of T S
County Of f7�}'U10015
Before Me L • on this day personally appeared
(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 �' day of F& W � I A.D. 2018
DONNA L CARTER —�- --
Notary Public, State of Texas N ary In And For State Of Texas
Comm. Expires 07-11-2021
Notary ID 12199925
By
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: -Z�'
Coq-�E�,cJ 5 5 i
Signature of Owner
Date: o2 1 r-1
AJ6 U1 CJ
suff-D I
P
A]P VP E_
�'IT i;, 1 .1 S'
� CITY OF GRAPEVINE
SPECIAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ a ent.Ycom any/contact
Games For AII, LLC d/b/a Corky's Gaming Bistro
Street address of ap ficant / agent:
600 Berpkshire Lane
cillfli9tboppe, 7519
T469e628-T! 93agent: 817be6351i 15a54
Email address of aplicant /agent
Mobile phone number of applicant / agent
469 628-2193
A Iicant's interest in subject property:
tenant
PART 2. PROPERTY INFORMATION
Street address of subject property
3520 Grapevine Mills Blvd. N
Legal description of subject pro erty (metes & bounds must be described on 8 1/2" x 11 "sheet)
5 A2 Grapevine Mills Crossing
Lot Block Addition
Size of subject property
5.1608 224,804
Acres _ S::uarefootaue
Present zoning classification: Pro osed use of the property:
Hco Restaurant and Entertainment Venue
Minimum / maximum district size for special use request:
Restaurant, Coin -Operated Games, Escape Rooms & Axe Throwing
Zoning ordinance provision requiring aspecial use:
Coin operated video games.
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner -
Grapevine Crossing Holdings, LLC
51722SSRout�i�wStreet, Suite 770
City / State / Zip Code of property owner:
Dallas, TX 75201
Tel 214n270A1p000er: 214 2ffd-6992
P
suit-ol
❑ Submit a letter describing the proposed special use and note the request on the site plan document
❑ In the same letter, describe or show 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)
❑ In 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 the requirements of Section 47, Site Plan Requirements.
❑ 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 special use permit can only be approved by
city council through the public hearing process.
❑ i have read and understand all the requirements as set forth by the application for conditional use or special use permit and acknowledge
that all requirements of this application 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
Neil Hupfauer
Print Applicant's Name:
A licant's Signature:
The State Of Texas
County Of Dallas
Before Me 1Ja,&)/V 4
on this day personally appeared Neil Hupfauer
(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) Given under my hand and seal of office this
day of Fl� / A.D. 2018
Y?U®�iDONN,�
(�: Noipry Public,
_
:LCARTE
Comm. Expir
Nota ry In And For State Of Texas
—
&U,PEU/Nt✓ C,Q�sSi�b- IJ-�cD���s, L-,/
Print Property Owners Name:
Prope wner's Signature:
The State Of Texas
County Of s
Before Me , s�D/y�S1 A �.R-�
on this day personally appeared
(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 connsiiderratiion�therein
`expressed.
(Seal) Given under my hand and seal of office this day of /- LrJIu /•F1e__-1 A. p, 2018
kyP(, DONNA L CARTER
P Notary Public, State of Texas
Comm. Expires 07-11-2021
Notary In And For State Of Texas
By
,q.., A%o-C) 1
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: cv-?—, —l8
Cr2A P E ✓, /R1 c D Sy� G- /J b L4)IAJ 6-S, L-C�
Signature of Owner
Date: _ 2Vs--h s
FFLI�
By
CORKY 9 S
GAMING BISTRO
CONCEPT
SU
M
MARY
TABLE OF CONTENTS
Executive Summary
Escape Rooms
Axe Throwing
Classic Retro Games
Corky's Operation & Safety
Management/ Ownership
`. EXECUTIVE SUMMARY
❖ Corky's is designed to bring together three exciting, new and compatible attractions
❖ The synergy of these experiences are complemented with food and beverage services.
❖ Escape rooms, classic retro arcade games, and axe throwing all have extremely broad
demographic appeal. All age and ethnic groups, male and female, are drawn to each of t
entertainment experiences.
4* Escape rooms and axe throwing drive a significant amount of company team building ev
family/group interactive experiences
4- Classic retro games attract broad demographics, including millennials and youth as your
Classic retro games played with time cards are affordable and a better value for families.
Corky's will not feature redemption games.
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kPE ROOMS
2,055
ESCAPE ROOMS IN THE US
4.W
ESCAPE ROOMS IN MAINSTREAM
ENTERTAINMENT:
The studios behind Tom Cruise's
"Mission: Impossible" film erected
escape rooms at AMC Theaters this
month for fans to "become IMF
agents."
Free tickets for those rooms sold out
in New York, San Francisco and Los
Angeles in less than 24 hours.
42
ESCAPE ROOMS IN DFW
1 "71
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AXE THROWING Q&A''
How does it work?
Group events at last 1.5 to 2.5 hours and must be booked in advance. All events start with
safety instructions and 1 -on -1 throwing practice, led by our fully trained coaches in a private
throwing area. Once you've sharpened your skills, we'll kick off a round robin tournament
followed by final knockout round to award an axe -throwing champion. Our coaches will take
care of all scoring and smooth flow of the tournament so you can relax and enjoy the sport.
At the end of every round robin tournament, one member of the group is the winner.
Tournaments are best played with 10 or more people, however minimum group size is 6
players on Sundays through Thursdays, and 8 players on Fridays and Saturdays.
Is it safe?
Safety is our number one priority. The format we use and the construction of the throwing
lanes are all focused around the safety of the participants. Each competitor throws in
his/her own individual lane and competes side-by-side with another competitor. For each
pair of throwing competitors, we have an event coordinator/throwing coach who is
responsible for keeping score as well as ensuring safety protocols are adhered to and all
tournaments are fully supervised. Only the two active competitors throwing
at that time are allowed within the throwing area, all other competitors
are required to wait in the safety zone behind the lanes.
SPECTATOI
ZONE
SAFE ZONE
COACH
AXE
THROWERS
STURDY
WIRE LANE
DIVIDER
ELEMENTS OF A SAFE DESIGN
STURDY
WIRE ROOM
DIVIDER
ELEMENTS OF A SAFE DESIGN
i DIVIDER
DIVIDER
i DIVIDER
—AK
AXE THROWING ACROSS THE COUNTRY
HI
ID
. Washington D.C.
Existing or Announced Axe Throwing
Locations By The Numbers
26 States
45 Cities
60 Locations
1 DFW Location
IS AXE THROWING SAFE?
1 00,000
PEOPLE
170007000 + 0
AXES THROWN INCIDENTS
Backyard Axe Throwing League, Started in 2006 with 13 locations today.
CLASSIC RETRO GAMES
SAFETY - GENERAL AND
AXE THROWING SPECS
TABC Certified Managers, Bartenders and Axperts
All Bartenders will be over 21 years of age
Corky's Axe lanes and targets will be constructed in compliance with NATF (National Axe
Throwing Federation) standards, including division of lanes and targets with wood & wire
divider walls
All Axperts will be over 18 years of age and undergo extensive training prior to opening
No outside axes will be allowed
No major accidents have occurred to our knowledge at 35 locations in the US opened this year,
or at the many Canadian locations that have been opened for years.
Only two active competitors are allowed to throw axes, one at a time, in each lane. Non -throwing
players must remain outside of the throwing area, in the safety zone.
Axperts train, monitor and supervise all players during their sessions and/competition.
I
P"TIMATED SALES
4X AND JOBS
95009000
ds
-ES PER YEAR
0�000
-ES TAX TO GRAPEVINE PER YEAR
mod
MANAGEMENT & OWNERSHI
NEIL HUPFAUER leads the management team and is an experienced successful enterta
executive. Mr. Hupfauer has been an industry leader for over 50 years with both public ar
Cinergy Entertainment, Inc. 2015-2016 - Interim President & COO
Main Event Entertainment, Ltd 1998 - 2007 - Co-founder, President & CEO
The Drover Barbecue & PCH Dog House, Inc. 1977-1989 - Co-founder & CEO
Foodmaker, Inc. - Jack in the Box 1963-1977 - Division Vice President
JEFFREY BENSON has over 20 years of professional experience in the theatre exhibitioi
Entertainment operations and financial fields.
Cinergy Entertainment, Inc. 2009 - present - Founder and CEO
Movie Tavern 2002 - 2009 - Founder, President and CEO
Deloitte & Touche 1998 - 2002 - Audit manager
RONNIE RHODES developed and owned a number of bowling and game related
businesses over the past 40 plus years.
Bowling and Billiard Supplies of Dallas, Inc - Owner and CEO
Amusements over Texas - Founder and CEO
Joysticks - Founder and General Partner
Timber Lanes and Caddo Lanes - General Partner
ORDINANCE NO. 2018-038
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 CU18-03 AMENDING THE SITE PLAN APPROVED
BY ORDINANCE NO. 2007-06 FOR A PLANNED
COMMERCIAL CENTER 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 WITH OUTSIDE DINING (CORKY'S
GAMING BISTRO) (3520 NORTH GRAPEVINE MILLS
BOULEVARD) IN A DISTRICT ZONED "CC" COMMUNITY
COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A
SITE PLAN APPROVED PURSUANT TO SECTION 47 OF
ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS,
RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CLAUSE RELATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INTERESTS, MORALS
AND GENERAL WELFARE DEMAND THE ISSUANCE OF
THIS CONDITIONAL USE PERMIT; PROVIDING PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00), DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning Commission of the City
of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of
Grapevine, Texas, and all the legal requirements, conditions and prerequisites having
been complied with, the case having come before the City Council of the City of
Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having
been complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as
to whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately
surrounding the site; safety from fire hazards and measures for fire control; protection of
adjacent property from flood or water damages, noise producing elements, and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting, and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected to
be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking
facilities; location of ingress and egress points for parking and off-street locating spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on light and air; the effect on the
overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council of the City of Grapevine, Texas, did consider the following
factors in making a determination as to whether this requested conditional use permit
should be granted or denied; effect on the congestion of the streets, the fire hazards,
panics and other dangers possibly present in the securing of safety from same, the effect
on the promotion of health and the general welfare, effect on adequate light and air, the
effect on the overcrowding of the land, the effect on the concentration of population, the
effect on the transportation, water, sewerage, schools, parks and other public facilities;
and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been
satisfied by the submission of evidence at a public hearing; and
WHEREAS, the City Council further considered among otherthings the character of
the existing zoning district and its peculiar suitability for particular uses and with the view
to conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is
a public necessity for the granting of this conditional use permit, that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration
of population, facilitates the adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
Ordinance No. 2018-038 2
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, an is in the best interest of the public at
large, the citizens of the City of Grapevine, Texas, and helps promote the general health,
safety and welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning
Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the
City Code, by granting Conditional Use Permit CU 18-03 amending the site plan approved
by Ordinance No. 2007-06 for a planned commercial center, 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 with outside dining (Corky's
Gaming Bistro) in a district zoned "CC" Community Commercial District within the following
described property: Lot 5A2, Block A, Grapevine Mills Crossing Addition (3520 North
Grapevine Mills Boulevard) all in accordance with a site plan approved pursuant to Section
47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all
other conditions, restrictions, and safeguards imposed herein, including but not limited to
the following: None.
Section 2. That the City Manager is hereby directed to amend the official zoning
map of the City of Grapevine, Texas, to reflect the herein conditional use permit.
Section 3. That in all other respects the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City
of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business,
commercial needs and development of the community. They have been made with
reasonable consideration, among other things, of the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of
buildings and encouraging the most appropriate use of land throughout the community.
Ordinance No. 2018-038 3
Section 5. That this ordinance shall be cumulative of all other ordinances of the
City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of
said ordinances except in those instances where provisions of those ordinances which are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of
land described herein shall be declared to be invalid, the same shall not affect the validity
of the zoning of the balance of the tract or tracts of land described herein.
Section 7. That any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
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 April, 2018.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Ordinance No. 2018-038 4
City Attorney
Ordinance No. 2018-038
ORDINANCE NO. 2018-039
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 SU18-02 TO ALLOW
SKILL/COIN-OPERATED GAMES IN EXCESS OF EIGHT
MACHINES IN A DISTRICT ZONED "CC" COMMUNITY
COMMERCIAL DISTRICT REGULATIONS UNDER CITY OF
GRAPEVINE ORDINANCE NO. 82-73 (CORK'S GAMING
BISTRO) (3520 NORTH GRAPEVINE MILLS BOULEVARD),
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);
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
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 otherthings the character of
the existing zoning district and its peculiar suitability for particular uses and with the view
to conserve the value of buildings, 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 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 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, the citizens of the City of Grapevine, Texas, and helps promote the general
health, safety, and welfare of this community.
Ordinance No. 2018-039 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 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 SU 18-02 to allow skill/coin-operated games in excess of eight
machines in a district zoned "CC" Community Commercial District within the following
described property: Lot 5A2, Block A, Grapevine Mills Crossing Addition (CORKY'S
GAMING BISTRO) (3520 North Grapevine Mills Boulevard), 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.
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
Ordinance No. 2018-039 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. 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 17th day of April, 2018.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2018-039 4
d
LOT5AR2
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SITE LOCATION
TOTAL PARKING REQUIRED
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2,527 SF RESTAURANT
AND TEXAS 121 FRONTAGE ROAD
17,439 SF RETAIL
CURRENT ZONING
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19,928 SF INDOOR COMMERCIAL
EXISTING 1
—
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CURRENT ZONING
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19,928 SF INDOOR COMMERCIAL
—
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TOTAL LOT AREA
236,822.489 S.F.
EXISTING BUILDING
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RESTAURANTS IN SHOPPING CENTERS: 10 ADDITIONAL SPACES PER 1000 SF
INDOOR COMMERCIAL AMUSEMENT: 1 PER 100 SF
CONDITIONAL USE REQUEST CU18-03 IS A REQUEST TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU06-SS
(ORD. 2007-06) FOR A PLANNED COMMERCIAL CENTER, SPECIFICALLY TO ALLOW THE POSSESSION, STORAGE,
RETAIL SALES AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES, (BEER, WINE, AND MIXED BEVERAGES)
IN CONJUNCTION WITH A RESTAURANT WITH OUTSIDE DINING. SPECIAL USE REQUEST SU18-02 IS A REQUEST TO
ALLOW SKILL/COIN-OPERATED MACHINES IN EXCESS OF EIGHT MACHINES.
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LOCATION: 3UO Nonn Grapevine Mins 81- REV NO. DATE DESCRIPTION
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