Loading...
HomeMy WebLinkAboutORD 2018-038 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 L 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), 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 L 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 Ordinance No. 2018-038 2 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 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) 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 . Tate Mayor ATTEST: /, GRAPF ti \- 5 \ A Cloff I j- Jb1l: 7 Tara Brooks City Secretary _ * * * APPROVED AS TO FORM: City Attorney Ordinance No. 2018-038 4 L 1-7 GRAPEVINE MILLS BOULEVARD LOT 5AR2 LOT 5ARIA LOT 3AI 19u I Do0 cl x0 0 FUTURE I RETAIL FUTURE I 2 RETAIL ._ SF f l/ 6.000 - 4 7200 SF �1 . - I + 11 � TOTAL PARKING REQUIRED SOUTH WEST CORNER OF GRAPEVINE EXISTING 2,527 SF RESTAURANT AND TEXAS 121 FRONTAGE ROAD BUILDING 48,931 SF ._ . '1 i D I I VICINITY MAP N SITE DATA 0 STRUCTURE PARKING PARK -- I L. -.-..-.--._.--_--.J -------- COURTYARD PARKING DATA / LOT 5AR2 SITE LOCATION TOTAL PARKING REQUIRED SOUTH WEST CORNER OF GRAPEVINE MILLS BLVD. 2,527 SF RESTAURANT AND TEXAS 121 FRONTAGE ROAD 17,439 SF RETAIL CURRENT ZONING CC 19,928 SF INDOOR COMMERCIAL SF NON OCCUPIED SPACE TOTAL LOT AREA 236,822.489 S.F. EXISTING BUILDING (5.4366 ACRES) TOTAL PARKING PROVIDED TOTAL BUILDING AREA 48,931 S.F. EXISTING BUILDING PARK —1 PROPOSED RETAIL 3, 11.,200 SP COURTYARD 3 COURTYARD EXHIBIT TObED24"19-635 Page of PROPOSED RETAIL aw 3,000 SF QF_ _4� ME MULTIFAMILY �w . BUILDNJG STRUCTURE APPROXIMATE BUILDING HEIGHTS SITE LEGEND 306 BUILDING NUMBER BUILDING TYPE I I• HEIGHT 36 5 EXISTING BUILDING 32'-0" 1STORY O BUILDING NUMBER 70 200 DENOTES MIN. WIDE HANDICAP O PARKING SPACE 310 SHOPPING CENTER RETAIL. 4 SPACES PER 1000 SF 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 CU06-55 (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. SPECIAL USE REQUEST SU18-02 IS A REQUEST TO ALLOW SKILL/COIN-OPERATED MACHINES IN EXCESS OF EIGHT MACHINES. Fn -ll SITE PLAN - EXISTING RETAIL L _ j SCALE 140 LOT 3A2 It i DOG PARK l NOT FOR CONSTRUCTION SiaeD ARC y ti 9 a W � ♦ a�zR m osis y ,�(lgTe OF S`ci'P dwVti/rYl CASE NUMBER: CUI-I8SUl"I LOCATION: 3520 N.Ilh Grapevine Mills Blvd. REVNO. OA TE OESCRIPTION MAYOR SECRETARY DATE. MASTER RETAIL SITE PLAN & CONCEPT PLAN PLANNING AND ZONING COMM ISION CHAIRMAN DATE'. N SHEET. 1 • • _ OF: � APPROVAL DOES NOT CODES ANY WORK IN oNFucA wOE ANY cones oR oRowANcSs DESIGN DRAWN GATE SCALE SHEET DEPARTMENT OF DEVELOPMENT SERVICES N/A OBA APRIL 2018 REFERENCE: CUIB-03 & SU18-01 01 -WEST ELEVATION x,J—,NaJ Na. x„-,N�sroaEaoN- 33'-10-..(.f. T.O. PARAPET 27'-10' a.lf. T.O. PARAPET 01 J2'-0' a.f.f. T.O. PARAPET 3 t 12'-0'a.f.f. B.O. TRELLIS c EXHIBIT 4 TO 1A Page ol, of 03 � l 01 I EXISTING RETAIL SCALE: N.T.S. 4 02 CU18-03 & SU18-01 02 - EAST ELEVATION _smaoar CCN cxi�STING - Z rE-us . Hary J1 r f.t. J9'-0' a.f.f. T.O. PARAPET i.O. PARAPET 12'-0' a.Lf. T.O. PARAPET �aCPoSEC .vew . 71 NOT FOR CONSTRUCTION �- E,<1sr,N� RA3oNar -NCaNO � 'o-J5E0- ARCS cVV yS�aEO PT.O. PARAPET CI �` f2495 P CASE NAME: CORKY'$ GAMING BISTRO qTF OF S�'} CASE NUMBER: CUV W3 & SUl"l I LOCATION: 3520 NORTH GRAPEVINE MILLS BLVD j12'-0'a.f.t. REVISIONS REV NO. DATE DESCRIPTION 6 B.O.TREILIS MAYOR SECRETARY DATE: U CUP MUL Tl-FAMIL Y SUBMITTAL PLANNING AND ZONING COMMISSIONS W 03 - NORTH ELEVATION � BUILDING ELEVATIONS „-,N6 S,N6nfA90Na -sraaEmoNr � S I CHAIRMAN m � wn*srane DATE: Wy SHEET: OF 4 `o f950 N Sumnwns Fmy-Sate 6000 oauae, real rsz9r o� m Ph: (971) 1]E-7000 Fax'(9Nl 7377001 APPROVAL DOES NOT AUTHORIZE ANY WORKIN o E - TBPE Reg. No. F.i530 CONFLICT WITH ANY CODESOR ORDINANCES. Q I DRAWN DATE SCALE m a'' DEPARTMENT OF DEVELOPMENT SERVICES HLR a OCT OI 2016 o a C O h 41, � U� t R m y LO N If o 'e Q LL y N d c ui m � Li O 01 J2'-0' a.f.f. T.O. PARAPET 3 t 12'-0'a.f.f. B.O. TRELLIS c EXHIBIT 4 TO 1A Page ol, of 03 � l 01 I EXISTING RETAIL SCALE: N.T.S. 4 02 CU18-03 & SU18-01 CCN cxi�STING - Z rE-us . Hary J1 r f.t. T.O. PARAPET 12'-0' a.Lf. 8.0. CANOPY 71 NOT FOR CONSTRUCTION �- E,<1sr,N� RA3oNar ARCS yS�aEO a �` f2495 P CASE NAME: CORKY'$ GAMING BISTRO qTF OF S�'} CASE NUMBER: CUV W3 & SUl"l ry • S • uj LOCATION: 3520 NORTH GRAPEVINE MILLS BLVD REVISIONS REV NO. DATE DESCRIPTION 6 MAYOR SECRETARY DATE: CUP MUL Tl-FAMIL Y SUBMITTAL PLANNING AND ZONING COMMISSIONS BUILDING ELEVATIONS S I CHAIRMAN wn*srane DATE: SHEET: OF 4 �� f950 N Sumnwns Fmy-Sate 6000 oauae, real rsz9r Ph: (971) 1]E-7000 Fax'(9Nl 7377001 APPROVAL DOES NOT AUTHORIZE ANY WORKIN - TBPE Reg. No. F.i530 CONFLICT WITH ANY CODESOR ORDINANCES. DESIGN I DRAWN DATE SCALE SHEET DEPARTMENT OF DEVELOPMENT SERVICES HLR HLR OCT 2016 I I � LV VIVVC u CIT - O O �B o� EXHIBIT TO d� gtt- b Page_ of C O Ln J 3P J R J u o QJ ) 4 V U) Q ; ar ToQ) o S_E u m Al > - CORKY'S GAMING BISTRO CU18-02 & SU18-01 3520 NORTH GRAPEVINE MILLS BLVD. 'LAlli-i'I•Il- A•.J _.III„' ,-'JMMI> .•lel .HAIR !AFi1 7A -E. ,I+EE% 3_ IF 4_ APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFUCT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES z 0 �V� z z 055 ULL] w 0 N Lf) M Z JOB Y0 It'd O OATE 7," QSCALE: AS Sr.iLPUI- / -A- BY Lil J REV I51ON DATE- 0 SHEET Y0 D302 I. ■ GAMEROOM O O DINING BAR FP� AL WOMEN MEN 10 EXPO DINING ORDERING 91 O, COUNTER 42) COURTS HOST F-1 F-1 0Q 00 DINING 00 00 717 CTS CT4 CT3 CT2 CT1 O O LOUNGE ........... --PATIO KITC ■ ■ KITCHEN DISH EXHIBIT Pr To 6ft.2P'19­P36 Page f CORKY'S GAMING BISTRO ,:ABE> CU18-02 & SU18-01 "1 3520 NORTH GRAPEVINE MILLS BLVD. APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES WALK-IN STORAGE CL 0 0 ....................... 0 CONTROL X CL GAME1 GAME3 GAME STORAGE AREA OFFICE I GAME 4 > _j Ln 2! LU ZLU 0 u LU LU 0-9CL 9 00 C) r_j Ln rn < Joe 1. z < DATE I -- SCALE: D DRAWN 9Y REVISION DATE- cn __j n QL 1HU1 NO 0 0 D106 LL_