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Home My WebLink AboutORD 2014-005AN ORDINANCE 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 CU13 -35 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2010 -70 TO ALLOW AN OUTDOOR SPLASH PAD IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS 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) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; 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 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; t 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. ORD. NO. 2014-05 !i 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 CU13 -35 to amend the site plan approved by Ordinance No. 2010 -70, as amended, for a planned commercial center in excess of 1,000,000 square feet of gross leasable space, specifically to allow an outdoor splash pad (Legoland Discovery Center) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1 R3, Block 1, Grapevine Mills Addition, Phase 1 (3000 Grapevine Mills Parkway #519) 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. 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 ORD. NO. 2014-05 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of January, 2014. 14� William D. Tate Mayor '�36k- mwk" . Jodi d. Brown Cit ecretary APPROVED AS TO FORM: John F. Boyle, J City Attorney ORD. NO. 'ZONING CASE HIST, ORY CU95-34 (0110 NUMBER SSW, WABUSPI A PLANNED COMMERCIAL CENTER, OVER 1,000,000 -SQUARE PEST Of GROZ LEASABLE AREA ADDENDUM 901, (PRESOILUTION NUMBER 95-34) APPROVAL OF (81 PUBLIC 61"Af ELEVATION$ FOR GRAPEVINE MILLS MALL ADDENDUM 5IS44 (ORO, NUMBER 915,79) AMEND TNESITE LAYOUT C00-05 (ORID NUMBER 91-MY WINDMONAL. USE IMMEST (SErA ISAMEYMAKS) FOR ALCOHOLIC BEVERAGE SAtES, TO iNCLUDIE BEER, WINE AND MIXED BEVERAGES SM7,09 (ORO NUMBER 97-101 SPECK USE REQUEST SM OkIENTS0 aWES IN EXCESS OF EIGHT MACHINES ANOTWOOILUAJAD TABLES ADDENDUM 97-ft (ORO NUMBER S7-W AMEND THE SITE LAYOUT (AMCTHEATER) CU97-13 (ORD NUMBER 9745) CONDITIONAL USE REQUEST M* AMERICAN MU)ERNESS WERIENCE1 FOR ALCOHOLIC BEVERAGE SAICSTO INCLUDE Bfflll, WINE AND MIXED BEVERAM CU97-18 (ORD NUMIKK 9740) CONDITIONAL USE Rectum tKAINFOREST CAFE} FOR AICEOHOUC BEVERAGE SA16 TO INCLUDE BEER, WINE AND MIXED BEVERAGES CU 7,2S [ORO NUMBER SO 35) CONMONAL USE REQUEST CIA6SHONEI FOR ALODHOUC MVERAGE sALE-41DI fNCUJDiE19IK WINE AND MXEb triitlilka$ CU97-21 f ORD, NUMBER 97-50 CONDITIONAL USE RVOUESE FOR MALLSIGNIAGEANDANSO MT ENTERTAINMENT GLOBE (ORD NUMBER 91-611 CLAI-Ag (ORO NUMBER 97-72) AMEN0 THE SITE LAYOUT (MICHAW) CM7-39 (ORD NUMBER 91-991 CONDITIONAL USE REQUEST TO AMEMOTHE LAARMAPING PLAN AND PROVIDE THWSOF007r;ANOTW040$=DWAR(ItgM SALES TO INCLUDE OEM WINE AND MIXED "VIORAM CU97-41 (ORD NUMBERVIM CONDMONA USE AWST PICK CLARK RESTAURANTS) FOR ALCOHOLIC EJEWRAGE SALESTO INCLUDE MER, WINE AND MIX09VARAGES CU 9'/-42 (0110. NUMBER 97-92) AMEND THE S" LAYOUi JOISCOUNT TIR0 CU 97-82 (ORD. NUMBER 97-229i CONDFIVINIALUSe RMUEST(GOTO ROQMS) 10AMENOTHESM LAYOUT (PHASE 1 }.. CU 97-81 (ORM NUMBER 97-129) CONDMONAL USE A90JJSSr(CHICK-RL-A)TOAMEND THE WE LAYOUT (PHASES) USE REQUEST W)ITMARCRONADO COLIECTIONIS) FOR OFFPRENISESCONSU§ t4Pitat9OPAGCONOtICBEVERAGE (y�(iPf><••bNLY,PkiA5E1 .. 'I CU97-OS(M.,NUMBER97-147}CoNOMONAL,USe-REkUMtPMMACAFtEITOAMENDTKgtlELAYOUT (PHASES}.. CU 0-IS(OAM NUMBER 96-16) AMEND THE WALL SIGNACt PLW.fbg. OUT -PAKEt-TEMNTWALLSidNS 4 TO AMODTHESMLAYOur Mimi) CU 97-77 (ORD, I MOMSER 96,I2) AMEND THE FLOOR PLAN FOR ALCOHOL $EVER -AGE SALESAT SKA GAMEWORKS(PKASIEI) CU%Oj (ORO, WJM09R 9 &I2)AMEND THE FLOOR PLAN FOR ALCOHOL BEVERAGE SAIJESAT PICK CLARK'S S(PXAWIJ CUSIR-07 (ORD. NUMBER 9"O)AMEIRITHEFLOOR KAN "ALCOHOL BEIIER"ESAIZAr CORNER o"EAVIA-1 (PHASE 4 NUMBER 96.12),AMEN6 THE FLOOR PLAN FMAL061,01 i6'EkAGfSAU$A1 AMERICAN WASIERNIESS(P44ASSI), CU 9$-41 (ORO, NUMBER 96-118) AMEND THE FLOOR PLAN AT CWMMSM4ASE IJ CUB" (ORD NUMBER 97-ft CONOTTIONAI, USE REQUEST jMA$ONJ^M11 CHOP HOUSE) FOR ALCOHOLIC REVERAa SALaTO INCLUDE REM MINE AND MIXED BEVERAGES IPHASB I) CU9948 (ORD NUMBER 97-90) AMEND THE SM LAYOUT PLAN (AMC THtATER)TE) INCIUDE A CANOPY ADJACENT TOMIE EXISTING TPOI0 BOOTHS, (PHASE 11 CU9$157 (ORD NUMBERSO-IM CONERDONAILUSt REXDUM(%ACN-fYEO PFA) FCIRALC�Mm C RMIRAGE $ALES11,01NICII)DE BEER, MANE AND MIXED BEWRAI$111 IPWXJ U8SWSg-pDtio%M M 'iICES)FORALCOHOUIC C§f)4R)MMQ BEVERA6ESAI .ESTO- INCWDEBEERLM)NE AND NNXED BEVERAGES FI Hom cu*78(oRDNummts�L)oNort=AL,(MLR QUwri 91NMAa SALEST0,04CLUDIE BEER; WK AND Mrq ou ga�lo (00'. NumsEw-17) CONDITIONAL YORTH4 I , USE tu"�CAMEVIOWJ, 44S)rALIAPON A NO 4 ON E -Il,� W R NI)kftONAEUgRWUW(IOR AMIM j0tllii�Skjr, LAYOUT Wilk AmE4 TION4 OUW A 0Sj) t6W _14 DINT 46 MCBE R;ilal KBLVAN Do 'OR ONO W99�4 ztdk 09wimoftso,tcowi6NAiUiti��*W#OAtO)fOr4AtWHOU��EVMGEVA", ' OtICOEVERZE SAO-7 INCLAM NIE "'TO -- - ----------------- .......... . ... .... ------- ------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- ---- - ------------ r- - -1-------- '1 PLAN NOTES ----------- r -- - ------------- ------------ --- 1, ALI- REQUIREMENTS OF THE GRAPOANE SOIL EROSION CONTROL WINNNOE SHALL Site Data BE MET OMW THE PERKII) OF CONSTRUCTOK LOTNUMBER LOT SkE BUILDING 115-ko-ING-T- coveliw DENUTY NIENIPIT jPAVFQARIFA OPENSPACE, , FoT Al, iWNii I PARKING JANDPAVEIIAREA� RLQU4R£t> PARKINr. PRO,JiO£a_ INTERNAL TRAFHG CIRCULATION IS NO4, CHANGED BY PiIS PROJECT. APPILESEM LOT 1. BLOCK S, IF ZI 51% archftcluro 391,810 IF 15,40,q IF (24,156%) 42,M $F ys 1011 CAREN OW, LOT 2, 1) I= 4 i23SIRSIF USS IF ��Aam 251-0* 110145E iii, If 2.5 25 LOT �7 �47 �CH WORE MEXICAN �LXL, 2. KOCK �Ag,"RSF S,457 IF vim 24' -0" 25J�S,4 IF 42 1 ,CHUCIF CHE_W LDT51UOCK2 ISO% IF IF A51% *.r 64 74SF 14_3$R5F Q6,21% 74,1135E 146 LOT, 3, at= 1i 177,75S IF 8,4295E 12.1096 - w-cr 4*481 IF 19,00SIF(M.M1, skavosp X126 (DTSA3111NTT+fiE, LOT 2, BLo6114 37,346 IF 85.1355E I'loosi, 10,445 IF moz% 111$% Sol, fr 77` - -0° 2(F,1705F 9 S @4135F 15.275 IF (17.M 27,510SIF 6$$S$ 5F IS, 126 117 147 GRAPEVINE MILLS MAM Llk %M 01 '5,964I47 IF 1,09,052$F i S,363,641 IF 7,40 9,467 HAWTHORN PLACE, LOT Z, BLOCK 6... �W,ATT PLACE LOT 1, BLOCK 6 IONXQ'I, Wt 4y BLOCK 4 114339 SF f 144015F 47,199 IF 14,45% If 5,90B 5 F; jk8SOSF 114,019A 111,0195 :7,08% 6W-W 45,101 IF 46,772 IF (311 68,060 IF 228 VIA: 21' jj" V, 56322 IF 36,615 SP (33.8%) 20,02 IF 11,873 IF 27,122 SF I26 42 130 39 LIOA4 WAR taf=3 70A7 IF 7,M IF !10,a" 49,ng SF 113,775 IF (19,10MI 56,212 IF 96 111 110,561 IF 76,742 IF 24.18A 54,104 If 17,735 IF t16.04Mt 9240 IF 136 139 t ROOMS TO CO, LOr Z PLOCK2 ,F '8761 '25, 90,000 11 (29Mj t1jL470 IF Q1 220 $4"AIER WU", LOT 3, BLOCK 4 Isapr. If $905F 11,01% �21 .IV 33�071 IF 12,054SIF(224061 3 IF S6 as !PA it L. !Tss, Lot % awtim 101244SF , 21"Z IF 19,14% val"ISSF0216, 64;1 S �14 114 IT $4 IF jii,707 31,9273E :17,094 $F (31:18) Aa%j IF I "41S5 45 154$ 54 i .. I tb Al- t I V 2, ktt 3. REOGIRED PARKING PM DISABLED PERSONS IS ACHARGED By THIS PROJECT EXISTING PARKING IS- ADEQUATE: OLAIPS"S ARE IN THE EXISTING LOAOW AREA, AOJAOENT TO THE PROJECT, 4, INTERNAL TRAFHG CIRCULATION IS NO4, CHANGED BY PiIS PROJECT. 5, ALL ON-SiTE ELEMCAL COOPTOn ASSOCIATED WITH THIS NEW CONSTMROCTONN SHAIL BE LOCATED INDMOIJ111), archftcluro 5. ANY NEW WATER SERWOE REQUIRED FOR THIS PROJECT SHALL WET THE CITY OF tiHA EXHIBIT.-A TOORD, gom/-05' Page of j V 4. 4L r 17� `4 CM -3 5 13 A 146 Y APP ROM, 1111"M=114-M (ORD. 2010-70),RRC r 'F7, > j, TONAL MKQKSTDJ* WOA FOR A PLANNED COAOCAL CENTER �N'EXPES$ OF 1.00OWIWARE FEET OF GROSS izf f t XONU SPACE, SWC"Y TO ALLOW, AN PAIJ, OUTUCIOR'SPU -� ,. -.. l WIT4-4, N BE MATANED, • 4 t _ '. -,:;» 641A ' LZGIGLAND DISMOY CERIEI CASE KNE: YF, wm-2�, CASE NOMEER�w 'All L4OA1IQN:,-`, . 4, -N t -:4; M4 sx% Ff Y. :DALE PLANNNa AND ZONING CWWSSON 01. d, . .... .. .. . . ...... ........ .. 9 R7 --------- -- ' TREE TO BE REMOVED J 0 N". CIRCULAR STEEL COATED SHADE 5fRUCIU-S 'O MAf 'XI Q TOTAL TABLE H T LIGHTED SHAD Uo % TREE TO K REMOVED F T1 HADES OR- '4V 4 LANDSCAPED AREA #.*, . , , , . I •11 , ': "o p " , �2 le l 4� (GRASS] % EGRESS PAT=H FROM -EASaN To HE % E t EGRESS TO NEW CASTING LANDSCAPED AREA TO REMAIN CAFE v ppmq LIMITS OF PRMT7\\,; BAR HE SEATING AT JOS K CONCRETE AND METAL FENCING TO MATCH EASTINO % -2-0 %Axiff-ET' UY F u I PROPOSED LIGHT, (TYPICAL Of W) EGRESS PATH FROM EXISTING EAT TG NEW EAT EGRESS GATE NTH PANIC HARDWARE E ISTIN LEGQLA Po- TREE TO BE REMOVED -Y CENTS WOOD V OOK PLATFORM DECK m NO -Q*AOLQVE FINISHED GRACE A PLAN NOTES TOTAL PROJECT SQUARE - FOOTAGE 10,372 100 BUILDING SQUARE FOOTAGE IX3 164% IMPERVIOUS COVERAGE (CONCRM) 6,287 604 % PERVIOUS COVERAGE 2.372 22.6 X SEATWQ NOTES TOTAL SEATING 30 TABLE HEIGW SENMG AT SHAUL STRUCTURES 15 BAR HEIGHT SEATING AT CAFE KIOSK 15 EXHIBIT_ffA TO Okd 201 Page C�l Of !A ml T5 A us ACCESS 10-" CURRENT, ME", WILL K MAINTAINED CASE NAME LWAND 61SCOARY CENTO CASE kIUIEBEft�CUt� -35. DATE: I L ll PLOWO AND ZONING COMI A DATE SHEET 02 OF 03 APPROVAL DOM NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR DANCES 00aOPMeW KAN � \ ; ; i { _ «*aM _a: \ . ma+ : i / .. k � \(�