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HomeMy WebLinkAboutORD 2018-062 ORDINANCE NO. 2018-062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE ISSUING CONDITIONAL USE PERMIT CU18- 17 AMENDING SITE PLAN CU17-03 APPROVED BY ORDINANCE NO. 2017-018 TO ALLOW A RESTAURANT EXPANSION FOR LOT C, BLOCK 15, CITY OF GRAPEVINE (603 SOUTH MAIN STREET No. 303) 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); 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 and 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; 116 effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Ordinance No. 2018-062 2 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 No. CU18-17 to amend the previously approved site plan of CU17-03 (Ordinance No. 2017-018) to establish a restaurant (Mason & Dixie) in the "CBD" Central Business District Regulations, specifically to expand into suite 300 within the following described property: Lot C, Block 15, City of Grapevine (603 South Main Street #303) 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 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 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 Ordinance No. 2018-062 3 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 17th day of July, 2018. 1 APP' • ED: / / iiiiii i rrlene ' - -• Mayor ' •• em ATTEST: 10* -c7R AP /. U Tara Brooks r ‘ r_ City Secretary ��,\ i , APPROVED AS TO FORM: City 12s orney I Ordinance No. 2018-062 4 I - w LLI (n Z Q SUITE 500, PRPOSED TO BE COMBINED WRH - SUITE 302 I PRIMARY ENTRANCE �- m L7 I O Z 14N§ NOTE: SITE PLAN BASED RECORD SET, PROVIDED BY PROPERTY OMER, PREPARED BY TURNER BOAZ STOCKER ARCHITECTURE, DATED 08.14-2001 COLLEGE STREET I O�.l1V 10' 40' L I I 1 SITE PLAN / PARKING PLAIN N SCALE: 1" - 2O-0' -. _.._.- FULL SIZE ON 24X36 PAPER VICINITY MAP � I I I I I I LEGAL DESCRIPTION: Cm OFC EOIE5ARi NT CCUNIY, NEWS FILE 1X1. CS -1875 CASE NAME: MAsoN NOwe CASE NUMBER: rule -n LOCATION: 603 SOUTH MAN STREET, SUITE 302 MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: ? OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES Lcnrn _ Q x X N LL 0 ~ (9 KS LU o Z Z > 00 OW a r Q O Q 2 C\j ME I ADJA4ENT ZONING: SOUTH OF THE EXBTM& PARKN& LOT'CBD" CENTRAL BUSINESS DISTRICT, SOUTH AND EAST (APPROXIMATELY THE SOUTH 105 FEET OF THE EAST PROPERTY LINE) "LI' LIGHT INDUSTRIAL DISTRICT AND'CBD' CENTRAL 15U51NE55 DISTRICT (APPROXMATELY THE NORTH 154 FEET OF THE EAST PROPERTY I LINE). PA XIN6 ANALYSIS &ROSS SQUARE FOOTAGE: 2,010 S.F. O N KITCHEN +BACK BAR: 310 S.F. 6 (5 + 1 PER 1000 S.F.) I RESTAURANT DNIN6: 1,250 S.F. 25 (1 PER 50 5.F.) COFFEE BAR: 8 SEATS 4 (8 OVE5T9/HR AT COFFEE BAR) 1 PARK N& REOUIRED: 55 ' PARKIN& ON SITE PROVIPEO; 62 ' m ADD11 — PUBLIC PARKIN- WHIN 500' OF BUILDN& SITE: ' E. HUP&N5 5T. LOT: 64 NL HUD61N5 ST. LOT (AFTER SPM AND 5AT/5UN): 54 ' OTHER LEASED USES ON B ILDN6 SITE: OFFICE 19,156 S.F. RE5TALPANT WeINBER6ER5 OELU 1,212 S.F METAL (ORAN6E FISH) 1,506 S.F. RETAIL (rRONNED BY &RAGE) 1,290 S.F. RETAIL (MAIN ST..ENIELRY) 645 S.F. I RETAIL (WINE FUSION YUNERY) 2,029 S.F. -,_ _«•' E I x.. SEf } LEGAL DESCRIPTION: Cm OFC EOIE5ARi NT CCUNIY, NEWS FILE 1X1. CS -1875 CASE NAME: MAsoN NOwe CASE NUMBER: rule -n LOCATION: 603 SOUTH MAN STREET, SUITE 302 MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: ? OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES Lcnrn _ Q x X N LL 0 ~ (9 KS LU o Z Z > 00 OW a r Q O Q 2 C\j ME IF EXISTMb TENANT SPAGE FN5H FLOOR ELEV. • 101'-0" NEW 5'-0" W02E, B'-0" TALL CASED OFENN& EX15T1NG RESTAURANT SPACE PERMITTED UNDER CU 111-05 r I NO CHANGE TO THIS 5PAGE II > , I I FLASH FLOOR ELEV. • 100-0" ° � II II l_LL_ EXISTNG / EXISTING 1q I STORAGE RESTROOM \\__// 2' b EXISTING FLOOR PLAN N SCALE: 1/4" = 1'-0" FULL SIZE ON 24X36 PAPER 40'-3j" 19'-4" 4TOP 4 -TOP EXT- I\I 4TOP \ 4 -TOP 4 -TOP 4TOP ADDITLFIRE EXTINGUSHER ADDITIONAL SEATING 605 S.F. E 4TOP 4TOP FINISH FLOOR ELEV. = 101'-0" NEW STEP AND ,, -\ Ell EX STNb / 1 STORAGE EXISTNG RESTROOM/ EXIT EXHIBIT" 14' TO Page �z _ of NOTE: PROVIDE LIGHTED EXIT III AT ALL EXfTs. ALL EAT DOORS FROM DINNG AREAS TO BE EQUIPPED COMPLIANT PANN:/FIRE EXIST HARDYW.RE. I R UP EA I- Sb" H. HANDRAIL / L �I (1) TR. O 11" EA. - �- PRIMARY �7 ENTRANCE El PRIMARY EXISTNG KITCHEN EXIT 220 S.F. EXIT II II �� r, BAR FINISH FLOOR ELEV. • 100'-0" ` I I 5.F. EXISTING CUSTOMER SEATN& AREA 625 S.F. ` 1�HeM ylf, UTILITY / EXISTNb '(7 a' J`\:77 a ^ WaT Y e EXIT a Z — W . o � EX�srNG 1 CASE NAME: MASON 4 DuaE " m '" RESTRooM CASE NUMBER: cub -n LOCATION, boa SOUTH MAIN smum surra 3o2 MAYOR SECRETARY W (f) 07 — Q DATE: X X N PLANNING AND ZONING COMMISSION — W 0 ~ CO CHAIRMAN 06 W O Z I I I b' DATE: — PROPOSED FLOOR PLAN O SHEET: OF z w00 SCALE: v4- • T-0• APPROVAL DOES NOT AUTHORIZE ANY WORK O FULL SIZE ON 24X36 PAPER IN CONFLICT WITH ANY CODES OR W 0_ T CO AMEND THEPRE IIREOUESTCOVED LSA REQUEST TO ORDINANCES. Q 0 AMEND THE PREVIOUSLY APPROVED SITE PLAN OF Q EXISTING nALL CUI7-03 (ORD. 2017-18) TO ESTABLISH A RESTAURANT IN THE CENTRAL BUSINESS DISTRICT, SPECIFICALLY TO DEPARTMENT OF DEVELOPMENT SERVICES �r CJ EXPAND INTO SUITE 300. A2.0