HomeMy WebLinkAboutORD 2019-039 ORDINANCE NO. 2019-039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ISSUING CONDITIONAL USE PERMIT
CU19-19 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN CU18-17 (ORDINANCE NO. 2018-062) TO ALLOW
THE POSSESSION, STORAGE, RETAIL SALES AND ON-
PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES
(BEER AND WINE ONLY) AND OUTSIDE DINING 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; 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. 2019-039 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. CU19-19 to amend the previously approved site
plan CU18-17 (Ordinance No. 2018-062) specifically to allow the possession, storage,
retail sales, and on-premise consumption of alcoholic beverages (beer and wine only) and
outside dining in conjunction with a restaurant (Mason & Dixie) in the "CBD" Central
Business District Regulations, within the following described property: 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, 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: Approved with the condition that the two southern most
tables/chairs be eliminated.
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.
L
Ordinance No. 2019-039 3
Section 7. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to
exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of June, 2019.
APPROVED:
William D. Tate
Mayor
ATTEST:
U(�c G(J�(?.CXJ� ' ► R1
Tara Brooks -'\ co
City Secretary --
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2019-039 4
F
f
PRIMARY ENTRANCE T
N
CU 19-19 - approved with the condition that
the two southern most tables/chairs be
eliminated
C(,--l-LE,,-,E STREFF
30 aej SB l
pm M
29 51
28 S 52
- STEPS
EXISTING
21 PARKING 53
26 54
25 55
24 56
23 51
22 5a
21- Sl'E.1'S 59
..... .............
..... _................
20 60
9 b1
18 62
�I I�
1 N I I N0 ` C'A..I__..
EXHIBIT -� TO �t
Page I— of A
SITE DATA
ZONING: GED
LOT AREA: 94 906 ./- 50. FT. OR 2.1757 •/- ACRES
BUILDING AREA: 8,918 ./- 50. FY.
LANDSCAPE DATA
LOT AREA: 94 906 ./- 50. FT
TOTAL LANDSCAPE: 4,512 ./- 50. FT.
% OF LANDSCAPE: 4.8%
OCCUPANT LOAD
EX15TING RESTAURANT: 42 (625 5F DINING ROOM 0 1 PER 15 SF)
KITCHEN: b (310 SF KITCHEN a 1 PER 50 5F)
PROPOSED EXPANSION: 40 (605 5F DINING ROOM 0 1 PER 15 SF)
TOTAL OCCUPANT LOAD: 88
SEATING COUNT
EXISTING COUNTER SEATS: a
_ TINS, TABLE SEATS: 56
ADDITL OUTDOOR DINING SEAT5: 14
ADJACENT ZONING: SOUTH OF THE EXISTING
PARKING LOT "CBD' CENTRAL BU51NE55
DISTRICT, SOUTH AND EAST
(APPROXIMATELY THE SOUTH 105 FEET OF
THE EAST PROPERTY LINE) "LI' LIGHT
INDUSTRIAL DISTRICT ANP "CBD" CENTRAL
BU51NF55 DISTRICT (APPROXIMATELY THE
NORTH 154 FEET OF THE EAST PROPERTY
LINE).
>RKING ANALY515
1
2
3 4 5
b
l
10 11
12
13
14 i 15 i16 17 i
b
(5 . 1 PER 1000 S.F.)
5TAURANT DINING:
1.250 5F,
�9
11 PER 50 S.F.)
IFFEE BAR:
.....,,-., ......-
4
(a GUE5T5/HR AT COFFEE BAR)
TDOOR DINING
10 40'
I I I I
5
NOTE: SITE PLAN BASED RECORD SET, SITE PLAN / PARKING
PLAN
PROVIDED BY PROPERTY OWNER,
PREPARED BY TURNER BOAZ STOCKER SCALE: 1" = 2CJ'-O"
O
ARCHITECTURE,
DATED 06.14.2001 FULL 51ZE ON 24x3(, PAPER
1 N I I N0 ` C'A..I__..
EXHIBIT -� TO �t
Page I— of A
SITE DATA
ZONING: GED
LOT AREA: 94 906 ./- 50. FT. OR 2.1757 •/- ACRES
BUILDING AREA: 8,918 ./- 50. FY.
LANDSCAPE DATA
LOT AREA: 94 906 ./- 50. FT
TOTAL LANDSCAPE: 4,512 ./- 50. FT.
% OF LANDSCAPE: 4.8%
OCCUPANT LOAD
EX15TING RESTAURANT: 42 (625 5F DINING ROOM 0 1 PER 15 SF)
KITCHEN: b (310 SF KITCHEN a 1 PER 50 5F)
PROPOSED EXPANSION: 40 (605 5F DINING ROOM 0 1 PER 15 SF)
TOTAL OCCUPANT LOAD: 88
SEATING COUNT
EXISTING COUNTER SEATS: a
_ TINS, TABLE SEATS: 56
ADDITL OUTDOOR DINING SEAT5: 14
ADJACENT ZONING: SOUTH OF THE EXISTING
PARKING LOT "CBD' CENTRAL BU51NE55
DISTRICT, SOUTH AND EAST
(APPROXIMATELY THE SOUTH 105 FEET OF
THE EAST PROPERTY LINE) "LI' LIGHT
INDUSTRIAL DISTRICT ANP "CBD" CENTRAL
BU51NF55 DISTRICT (APPROXIMATELY THE
NORTH 154 FEET OF THE EAST PROPERTY
LINE).
>RKING ANALY515
055 SQUARE FOOTAGE:
2.010 5F.
CHEN . BACK BAR:
310 S.F.
b
(5 . 1 PER 1000 S.F.)
5TAURANT DINING:
1.250 5F,
25
11 PER 50 S.F.)
IFFEE BAR:
8 SEATS
4
(a GUE5T5/HR AT COFFEE BAR)
TDOOR DINING
14 SEATS
5
RK N& REQUIRED:
40
RKING ON 51TE PROVIDED:
82
VITIONAL PUBLIC PARKING
"HIN 500' OF BUILDING SITE:
HUDGIN5 ST. LOT:
b4
HUDGINS 5T. LOT (AFTER 5FM AND 5AT/5UN):
54
HER LEASED VSE5 ON BUILDING SITE:
'FICE
11,158 S.F.
STAURANT (WEINBERGER5 DELI)
1 212 5.F
TAIL (ORANGE FISH)
1 306 S.F.
TAIL (CROY'WED BY GRACE)
1 290 S.F.
TAIL (MAIN ST. JEWELRY
843 5 F.
TAIL (WINE FUSION WINERY)
2,02q S.F.
E(3AL DESCR D'1 -k0
PIWI OT OLaK n
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f;lYO'r GRAI'E'fHE. 'ITRRJ:NS CUU'111, ICYAS
.(' No 1)7-+8M
• CONDITIONAL USE REQUEST GU19-19 15 A
REGUE5T TO AMEND THE PREVIOUSLY
APPROVED SITE PLAN OF CU18-11 (ORD.
2018-062) TO ESTABLISH A RESTAURANT IN THE
CENTRAL BU51NE55 P15TR1CT. SPECIFICALLY TO
ALLOW THE POSSESSION, STORAGE, RETAIL
SALES AND ON -PREMISE 607,15UMPTION OF
ALCOHOLIC BEVERAGES (BEER AND WINE ONLY)
AND OUTSIDE DINING.
• A MINIMUM OF FOUR (4) FEET BETYIEEN THE CURB
AND THE TABLES AND CHAIRS SHALL BE
MAINTAINED BY THE OY'AER/OPERATOR AT ALL
TIMES.
• MAINTAIN EXIT DISCHARGE RELIABILITY BY
PREVENTING TABLES AND CHAIRS FROM
OBSTRUCTING EXIT DISCHARGE.
THE ENTIRE PROPERTY IS THE PREMISE
CASE NAME: MASON < DIXIE
CASE NUMBER: Cu19-19
LOCATION: 603 SOUTH MAIN STREET, SUITE 302
MAYOR SECRETARY
DATE
PLANNING AND ZONING COMMISSION
DATE:
SHEET: 1 OF 2
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
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PROPOSED OUTDOOR DINING FURNITURE
ALTERNATE OUTDOOR DINING FURNITURE
EXIT
40'-3}" EXHIBIT TO "1 A14-D�
z0'-11} page —2,- of 7-•
FINISH FLOOR ELEV. = 101'-0" —STEP AND HANDRAILS
/ EXISTING
1 RESTROOM/
EXISTING
STORAGE
EXIT
........... .._..) UP X36' H. HANDRAIL
PRIMARY
ENTRANCE
C
PRIMARY
5IDEYL4LK
EXIT
CONSUMPTION AREA
EXTINGUISHEF
2 -TOP
8'-9"
40'-3}" EXHIBIT TO "1 A14-D�
z0'-11} page —2,- of 7-•
FINISH FLOOR ELEV. = 101'-0" —STEP AND HANDRAILS
/ EXISTING
1 RESTROOM/
EXISTING
STORAGE
EXIT
........... .._..) UP X36' H. HANDRAIL
(2) R. ® 6" EA.
1 (1) TR. ® 11.. EA
-
C
........
®:POs
CONSUMPTION AREA
EXTINGUISHEF
605 S.F.
z"
,/
40'-3}" EXHIBIT TO "1 A14-D�
z0'-11} page —2,- of 7-•
FINISH FLOOR ELEV. = 101'-0" —STEP AND HANDRAILS
/ EXISTING
1 RESTROOM/
EXISTING
STORAGE
EXIT
........... .._..) UP X36' H. HANDRAIL
(2) R. ® 6" EA.
1 (1) TR. ® 11.. EA
-
C
........
®:POs
I
.,
......
i
<
EXISTING KITCHEN
J
I 220 5.F. EXIT
_.
EXISTING
........ ..:
p COFFEE
'
i .BAR
O
FINISH FLOOR ELEV. = 100'-0"
J 90 5.F.
()—
CONSUMPTION AREA
625 S.F.
..
•' $ •,,
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UTILITYEXISTING - -
EXIT
< j
\ - EXISTING
e
{
7 6
PROPOSED FLOOR PLAN N
SCALE: 1/4" = 1'-O"
FULL SIZE ON 24x36 PAPER
EXISTING V,ALI-
NOTE:
PROVIDE LIGHTED EXIT SIGNS AT
ALL FATS XIT . ALL FAT FROM
DINING AREA5 TO BE EQUIPPED INT
COMPLIANT PANIC/FIRE EXIST
HARDYVARE.
CU 19-19 - approved with the condition that
the two southern most tables/chairs be
eliminated
• CONDITIONAL USE REOUEST CU19-19 15 A
REOUE5T TO AMEND THE PREVIOUSLY
APPROVED SITE PLAN OF "le -11 (ORD.
201H-062) TO ESTABLISH A RE5TA1RANT IN THE
CENTRAL BUSINESS DISTRICT, SPECIFICALLY TO
ALLOYV THE POSSESSION. STORAGE, RETAIL
SALES AND ON -PREMISE CONSUMPTION OF
ALGOHOLIG BEVERAGES (BEER AND ]NINE ONLY)
AND OUTSIDE DINING.
• A MINIMUM OF FOUR (4) FEET BETYiEEN THE CURB
AND THE TABLES AND CHAIRS SHALL BE
MAINTAINED BY THE OY`NER/OPERATOR AT ALL
TIMES.
•
MAINTAIN EXIT DISCHARGE RELIABILITY BY
PREVENTING TABLES AND CHAIRS FROM
OBSTRUCTING EXIT DISCHARGE.
THE ENTIRE PROPERTY IS THE PREMISE
CASE NAME: MA50N 4 DIXIE
CASE NUMBER.-G,Iq-w
LOCATION: 603 SOUTH MAIN STREET, SUITE 302
MAYOR SECRETARY
DATE'
PLANNING AND ZONING COMMISSION
DATE
SHEET... 2 OF 2
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
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