HomeMy WebLinkAboutORD 2019-085ORDINANCE NO. 2019-085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU19-31 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN CU16-12 SPRC, CU15-17 SPRC, AND CU10-15
(ORDINANCE NO. 2010-34) TO ALLOW ACCESS, INDOOR
DINING, AND ON -PREMISE CONSUMPTION OF
ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED
BEVERAGES) IN CONJUNCTION WITH A RESTAURANT
LOCATED AT 309 SOUTH MAIN STREET 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, 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. 2019-085 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. CU19-31 to amend the previously approved site
plan of CU16-12 SPRC, CU15-17 SPRC, and CU10-15 (Ordinance No. 2010-34)to allow
access, indoor dining, and on -premise consumption of alcoholic beverages (beer, wine,
and mixed beverages) in conjunction with a restaurant at 309 South Main Street, in a
district zoned "CBD" Central Business District within the following described property: 309,
309 Suite 100 and 311 South Main Street 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: requiring the applicant work with City staff to create a Joint
Use Agreement for the parking lot and requiring the agreement be approved by Council
prior to issuance of the Certificate of Occupancy.
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 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. 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.
Ordinance No. 2019-085 3
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. CU19-31 to amend the previously approved site
plan of CU16-12 SPRC, CU15-17 SPRC, and CU10-15 (Ordinance No. 2010-34)to allow
access, indoor dining, and on-premise consumption of alcoholic beverages (beer, wine,
and mixed beverages) in conjunction with a restaurant at 309 South Main Street, in a
district zoned "CBD"Central Business District within the following described property: 309,
309 Suite 100 and 311 South Main Street 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: requiring the applicant work with City staff to create a Joint
Use Agreement for the parking lot and requiring the agreement be approved by Council
prior to issuance of the Certificate of Occupancy.
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 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 forthe 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.
Ordinance No. 2019-085 3
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309 SOUTH MAN
BREAK DOWN OF BUILDNG
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ALLOWABLE OCCUPANCY LOAD 309 SOUTH MAIN
12,08.2019
C4lY A SEATW AF.FA
693 5F
FLELC SFATM AFEh
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PARTY R— AREA-
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SERVERS AREA.
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2% 51
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G8 SF/CO . 16 2
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TOTAL(Y_APAN:Y LOAD
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OFFCE AREA
RESTROOMS AREA
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SEATIN& AS PEK I 309
SOUTH MAN
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53 SF
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SPACE USED FROM 309 SOUTH MAN
TOTAL BULCN< AREA.
q87 IF
2EY! SF
PARTY ROOM 6 TABLES G 4 FA
OIRDOOR SEATT44
24
2
TOTAL SEATNS PER LAYtYUT
69
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309 SOUTH MAW SUITE IOC
BREAK DOWN OF BUILDING AREAS
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SERVERS PREA
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KITCHEN AREA
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STORAGE hP.EA.
23 IF
WL�LAK
L7 IF
MtSC. PARTRiSlS ETC
230 IF
AREA USED BY 30u SOUTH MV4 SIRE 100
48T IF
TOTAL BLY-DCUa PAEA
2232 IF
31 SOUTH MAIN
BREAK DOWN OF BUILDING AREAS
M(XIfC PUPAJG SEATW AREA
C72 S.F.
SERVERS AREA-
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42 IF
MALL AREA
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STORAGE AKe'A
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RESTROONS AREh
U4 IF
MSG PAKTIiCNS ETL
39 IF
Torsi BL4.RY AREA
212 IF
CONDITIONAL USE PERMIT GU 19-31 IS A KEOUEST TO AMEND THE PKEVIOUSLY APPKOVED SITE PLAN OF GU 10-19
(Ord 2010-34) TO ALLOW ACCESS, INFOOK DINING, AND ON-PKEMISE ALCOHOL 13EVEKACTE SALES (BEEP, WINE, AND
MIXED BEVEKACTES) IN CONJUNCTION WITH A KESTAUKANT AT 309 SOUTH MAIN STKEET.
WJTFRS SKK4Tt+RL..
JAMES BP.ETT KNZEL
DATE.
ALLOWABLE OWABLE OCCJJPANCY LOAD 309 SOUTH MAIN SUITE 100
YDCAK PUBLG SEATMS AKLA G17
KTCHEN AREA
SERVERS .AREA 07 SF / ZOO - 53
TOTAL OCCwO ' LOAD 50
4=R K 'OUT. 309 SOUTH MAN SUITE
DATY ROOM B 7 TABLES � 4 EA 2B
DN4G KOOM B 3 TABLES e 2 EA 6
DYd4G ROOM B ! :AIARFR TOP n 6 FA A
TOTAL MOOR SEATN6 PER LAYOUT 42
OYIiDOOK SEATM U
TOTAL SEATNG NDOOR AND OUTDOOR FER LAYOUT 54
30 SOUTH MAN
ALLOWABLE OCCUPANCY LOAD
FLV OR PI,SLE SFATNG AREA. 127L sF/F - 84
KTGH AREA 249 SPIZOO -'99
OFFCE AREA 42 SFI<, . 42 O
TOTAL O AACY LOAD 85
30 SOUTH MAN
SEATNC+ RS PEK LAYOUT:
P� AREA G TABLES a 9EA 64
COUNTcR TY3' e O EA 0
TOTAL SEArW PER LAYOUT
KEQURED PAKKWCv:
216 OGCWATS ! 3 OO�APANTS- 82 SPACES
H IXf1DOCK 5EATNa / 3 . 5 SPACES
TOTAL PAR1246 REOUPtED HT SPACES
OPE OF WOKK DEC 12 2019
!. NO FJRFIUOR KEK At ARE NVOLVEp
2 ND ELECTmAL YNRK IYL-
3 NO PLIYA� WORK YCl_t1JF.D
4 NO AECHANAL v1CRK NC ED
5 NO LOAD BEJdN( ELEMENTS SHALL BE NJOLVED
6. ON_Y NON LOAD SEARN4 PAiMlON WOKK SNOWN
ON PLM15 6 TO BE COWLETED
7 PMr T k lIPS AS WCESSARY
A :wr FLOOR Fwl TOUCH'f'S
I NO CHANGES TO EXITS
L�EX5TNG WALLS
Ww P.AKTiiYX15
Approved with the condition that the applicant work with City
staff to create a Joint Use Agreement for the parking lot
and requiring the agreement be approved by Council prior
to issuance of the Certificate of Occupancy.
Cho NAME-- NAPOLtS TRLNNS K.TCHFN A- fMFKE• T
,'.ASE AUMBER. CU 5-31
LLCATON 309 SOUTH MAN. 309 SOUTH MKK SIYiE 00
AW 3a SOUTH MAN
MAYOR SECRETARY
DATE
PLANS AMID ZCN1( CONAY'SKY4
CVIARMAN
DATE
SHEET_ OF _
APPROVAL DOES NOT AUTHORRE ANY WORK N
CO1FlCT WITH ANY CODE5 OK CRDNANCES
DEPARThENT OF DEVELOPMEM sE Es
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