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Home My WebLink AboutORD 2019-027 ORDINANCE NO. 2019-027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING CONDITIONAL USE PERMIT CU19-10 TO AMEND THE PREVIOUSLY APPROVED SITE PLAN PD16-01 (ORDINANCE NO. 2016-36) 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 AND THE POSSESSION, STORAGE, RETAIL SALES AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A MARKET FOR LOT 1 R, BLOCK 2, HILLTOP ADDITION (400 EAST DALLAS ROAD NO. 100 AND NO. 200) IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 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; 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 at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. Ordinance No. 2019-027 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix"D" of the City Code, by granting Conditional Use Permit CU19-10 to amend the previously site plan of PD16-01 (Ordinance No. 2016-36) 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 and the possession, storage, retail sales, and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with a market in a district zoned "CBD" Central Business District within the following described property: Lot 1 R, Block 2, Hilltop Addition (400 East Dallas Road No. 100 and No. 200) 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. 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. Ordinance No. 2019-027 3 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 21st day of May, 2019. APPROVE • William D. Tate Mayor c. GRAPE` ATTEST: %��°' /?�c•. • Ui `4.1V 1m Vs Ix OW I ;I _ mor, " I ' Tara Brooks City Secretary APPROVED AS TO FORM: • .2;7 ‘e-1? City Attorney Ordinance No. 2019-027 4 I 1` E OALLA5 ROAO ml-ol IBUILDING 'A' I 15."ma I muloo CLUBROOM PEDESTRIAN MEWS 6L2. BUILDING 'B' ry Cv� 5 S 'RETNLlRESTAURANT. ',;; 1 f I ? ,' POOL IscYZ3 v I I RR COURT`. 1s FCR ALTBWATME 1 I I m PATIOsa�wa! PUBLIC GR EN PUBLIC ARRAIGEWAY a ® I —7 $ nccc izt (t I _ I� I I u. • � 1%fes' _ f 1 — - ._� _ _ ___ .._ ;• ± _ _ _ E HIBIT-Ar TO 7 Page 1___ of I 45i$ P�€Fti NSF11 4 141 ^04 i 5F —I—__IY�N!S�� Can.riehM MAYOR SECRET+ DATE: PLANNING AND ZONING COMMISE i I CHAIRMAN DATE: SHEET: OF APPROVAL DOES NOT AUTHORIZE ANY IN CONFLICT WITH ANY CODES 01 ORDINANCES. ISSUE FOR PERMIT: ISSUE FOR CONSTRUCTION: U] C P4 C �� wl W Zz z �Q Q y (~4 Eul d' C Iz °� R J H Z W d outt1 cc J� CO Q 3 Sheet Numbe, Al SITE PLAN MLDIN6 A ELEJAT17N5 MASONRY P9tG9RA6E TBtIAL AREA PB1BrtA6E VBEBt T.T16 60. R. l— N!TK PAHY 9AYI 61 Pi. I]]f INAMC: zmmn1 I FaIIOna NUMBER: CU 19-10 FION: 400 East Dallas Rd., #100 & #200; Lot 1R, Block 2, Hilltop Addition 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 ST CCO WTALI CAST 51 aRICK ! AND 6LAZIN6— CAST STOLE — BRNISH BLOCK Qe�P ��T NATION€ GG BALDING 'A' SCALE Po'�I' p• %r L MU I%w SOALMV6'•I'-0• 1,574 S/D• XHIBIT_L TO --D % Page _ X of 'S.g 9TE OF•tE'4 n lt.lb RnnFy copy*t 2016 er Wama,It�Hbs.ylon TN n Lup C. ueybMe M1r•M n Nls4 vmwlr 1NW, LLG 4n T MII�s.~� PIR}ct Na MOBB 13— By VM, KK IRI ISSUE FOR PERMIT: AUSLOT S. 70N ISSUE FOR CONSTRUCTION: OGTO" M. 2016 Rav6'vlc w Vo Cn� DC t w F zZ F4 W a C O C. J U� Y W E 0 as 3 SMRt N�-- A4.15 BUILDING A ELEVATIONS mlip! ill ii I� IIIIIIIII NEW WOMENS RESTROOM I I SEER & WINE _ I STORAGE Q I L LOW WALL RESTROOM HALLWAY 91 11 - --------------- ----- ------- -------- _J - -----BAR ISLAND OI LIQUOR STORAGE ---------- NORTH DINING ROOM O r7 STELLINI TRATTORIA --- --- -------- 10-------- -------- ENTRANCE SOUTH PATIO f-------- a E RESTROOM 20 81 16 DRINK FAIL 115 Q 0 (Do I I. 13 0 10 INTERIOR SEATING ECO ECO ED] 2 STAINLESS STEEL CABINET 3 STAINLESS STEEL CABINET 4 STAINLESS STEEL CABINET WITH MARBLE TOP 5 ESPRESSO MACHINE 6 REFRIGERATOR, UNDER COUNTER 7 ESPRESSO GRINDER 8 COFFEE GRINDER 9 COFFEE MAKER 10 STAINLESS STEEL CABINET WITH HAND SINK 11 REFRIGERATOR. UNDER COUNTER 12 STAINLESS STEEL CABINET WITH MARBLE TOP 13 POS UNIT 14 MILLWORK COUNTER WITH MARBLE TOP 15 GELATO DISPLAY CASE, FREEZER 16 MILLWORK COUNTER WITH MARBLE TOP 17 DISPLAY CASE, SELF SERVE, REFRIGERATED 18 DISPLAY CASE, REFRIGERATED 19 MILLWORK COUNTER WITH MARBLE TOP 20 OROP-IN HEATED SHELF 2iC �)[,SPLtY CASE, REFRIGERATED ! Y STORAGE SHELVING UNIT MARKET SEATING BARSTOOLS 4 INTERIORI.. 3X2-6 TOTAL 10 RESTAURANT OCCUPANT LOAD 7 -- ---------------- -'-- -7- 2 2 2 BAR 2 - --------- ............. STELLINI TRATTORIA --- --- -------- 10-------- -------- ENTRANCE SOUTH PATIO f-------- a E RESTROOM 20 81 16 DRINK FAIL 115 Q 0 (Do I I. 13 0 10 INTERIOR SEATING ECO ECO ED] 2 STAINLESS STEEL CABINET 3 STAINLESS STEEL CABINET 4 STAINLESS STEEL CABINET WITH MARBLE TOP 5 ESPRESSO MACHINE 6 REFRIGERATOR, UNDER COUNTER 7 ESPRESSO GRINDER 8 COFFEE GRINDER 9 COFFEE MAKER 10 STAINLESS STEEL CABINET WITH HAND SINK 11 REFRIGERATOR. UNDER COUNTER 12 STAINLESS STEEL CABINET WITH MARBLE TOP 13 POS UNIT 14 MILLWORK COUNTER WITH MARBLE TOP 15 GELATO DISPLAY CASE, FREEZER 16 MILLWORK COUNTER WITH MARBLE TOP 17 DISPLAY CASE, SELF SERVE, REFRIGERATED 18 DISPLAY CASE, REFRIGERATED 19 MILLWORK COUNTER WITH MARBLE TOP 20 OROP-IN HEATED SHELF 2iC �)[,SPLtY CASE, REFRIGERATED ! Y STORAGE SHELVING UNIT MARKET SEATING BARSTOOLS 4 INTERIORI.. 3X2-6 TOTAL 10 RESTAURANT OCCUPANT LOAD 7 -- ---------------- -'-- -7- 2 2 2 6 112 ............. 27 NORTH PATIO --------- ------- -- __7 TOTAL OCCUPANT LOAD ------- -------- 145 STELLINI TRATTORIA --- --- -------- 10-------- -------- ENTRANCE SOUTH PATIO f-------- a E RESTROOM 20 81 16 DRINK FAIL 115 Q 0 (Do I I. 13 0 10 INTERIOR SEATING ECO ECO ED] 2 STAINLESS STEEL CABINET 3 STAINLESS STEEL CABINET 4 STAINLESS STEEL CABINET WITH MARBLE TOP 5 ESPRESSO MACHINE 6 REFRIGERATOR, UNDER COUNTER 7 ESPRESSO GRINDER 8 COFFEE GRINDER 9 COFFEE MAKER 10 STAINLESS STEEL CABINET WITH HAND SINK 11 REFRIGERATOR. UNDER COUNTER 12 STAINLESS STEEL CABINET WITH MARBLE TOP 13 POS UNIT 14 MILLWORK COUNTER WITH MARBLE TOP 15 GELATO DISPLAY CASE, FREEZER 16 MILLWORK COUNTER WITH MARBLE TOP 17 DISPLAY CASE, SELF SERVE, REFRIGERATED 18 DISPLAY CASE, REFRIGERATED 19 MILLWORK COUNTER WITH MARBLE TOP 20 OROP-IN HEATED SHELF 2iC �)[,SPLtY CASE, REFRIGERATED ! Y STORAGE SHELVING UNIT MARKET SEATING BARSTOOLS 4 INTERIORI.. 3X2-6 TOTAL 10 RESTAURANT OCCUPANT LOAD RESTAURANT INTERIOR 112 RESTAURANT PATIOS 27 COMMERICAL KITCHEN 6 TOTAL OCCUPANT LOAD 145 RESTAURANT SEATING BAR 15 2 TOP X 10= 20 4 TOP X 15= 60 6 TOP X 3- 18 STOPX2- 16 (5) ROUND BOOTH X 2 = 10 ITOTALsEATiNr 1_- CASE NAME: Stellini Trattoria CASE NUMBER: CLI 19-10 LOCATION: 400 East Dallas Rd., #100 & #200; Lot 1 R, Block 2, Hilltop Addition MAYOR PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET OF APPROVAL DOES NOTALITHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES Conditional use request CU19-10 is a request to amend the previously approved site plan of PD16-01 (Ord. 2016-36) SCALE specificailly to allow the possession, storage, retail sales and on -premise consumption of alcoholic beverages (beer, wine, 1/4" = 1'- 0" and mixed beverages) in conjunction with a restaurant and the possession, storage, retail sales, and off -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a market. Z z W g2 5 W 0 W - Z ¢— Z F - _J < <LU W z U3Lu W < I UJ L v < REVISION', NO. DATE By ,L3 L6' ISSUE DATES DESIGN APPROVAL PERMIT SUBMITTAL: 03-04-19 PERMIT RECEIVED. BID DOCS: CONSTR. DOCS 24'136' SCAUE- AS NOTED PLOT DATE: 2019-05-115 CAD FILE JOB NUMBER 19-001 CHECKED DRAWN: EW STATUS: PERMIT FURNITURE FLOOR PLAN A2.3 8 EXTERIOR ELEVATION- NORTH SCALE; 1/4-- 1'-0" EXTERIOR ELEVATION- WEST SCALE: 1/4" = 1'-0" KEY NOT 1❑ EXISTING BRICKWORK TO REMAIN (UNLESS NOTED). • ag v ❑2 EXISTING WINDOWS TO REMAIN (UNLESS NOTED). ❑3 EXISTING CANOPY TO REMAIN. EXISTING EXTERIOR WALL SCONCE TO REMAIN (UNLESS NOTED). H NEW MET -L BIN EXTERIOR WINDOW. SEE WINDOW SCHEDULE ON SHEET A7.0 ❑S NEW EXTERIOR DOOR. SEE DOOR SCHEDULE ON SHEET A7.0. ❑B NEW STOREFRONT WINDOWS TO MATCH EXISTING STOREFRONT WINDOWS. SEE WINDOW SCHEDULE ON SHEET ATO n NEW EXTERIOR WALL SCONCE. SEE SHEET A2.1 FOR MORE I'1 III GNS; GTQNF LEDQE To .j,- eve 14 NEW EXTERIOR BRICK WALL BRICK TO MATCH EXISTING. f1 16 GOOSENECK EXTERIOR WALL SCONCE. SEE SHEET A2.1 17 NEW FIBERON WOOD CLADDING SYSTEM. REFER TO MANUFACTURE FOR INSTALLATION/SPECIFICATIONS. IN 400EW131 as Rd. N1008ilAO;Ld 1R. H,mw Adtl— MAYOR SECREFARv PLANNING AND PONNG COMMISSION CHAIRMAN DATE SHEET. OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WLTH ANY CODES OR ORDINANCES. o a -'sEe2oma .06 aa¢_zou.:aEnn�a F y K WI ¢ o E. O i m PEOISI0!as No. DATE BY /�i5/10/19 CITY REO. /2' 4, , 6 ISSUE DATES DESIGN APPROVAL. PERMIT SUBMITTAL: 03-04-19 PERMIT RECEIVED BID DOCS. CONSTR. DOCS 24k36'SCALE: AS NOTED PLOT DATE ¢010=0-1+ CAD FILE: JOB NUMBER: 19-001 CHECKED: DRAWN: EW STATUS: PERMIT EXTERIOR ELEVATIONS A3.0