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Home My WebLink AboutItem 17 - 7-ElevenIII nni IrI'IM # C TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION ILI FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: SEPTEMBER 18, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU12 -21. 7- ELEVEN ---- - -- - - -- Grapevine Lake yb APPLICANT: Brian'Nebel I I I ! _ I.H. 105 PROPERTY LOCATION AND SIZE: The subject property is located at 520 South Main Street, Suite 202, and is platted as Lots 1 R, 2 and 3B, Block 4, City of Grapevine Addition. The Hafl.lohnson �y Alf a � m I property contains 0.721 acres and has approximately �Li��- 255 feet of frontage along South Main Street, 43 feet F Glade Rd. — —� J of frontage along Franklin Street and 92 feet of frontage along West College Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow the possession, storage, retail sale and off - premise consumption of alcoholic beverages (beer and wine only) in con'unction with a convenience store. The applicant proposes to establish a 1,924 square foot convenience store (7- Eleven) on the subject site that will provide off - premise beer and wine sales, perishable and non- perishable food items, prepared food and other sundry items generally found in a small convenience store; current plans are for the store to be open 24 -hours a day. The applicant has provided 41 parking spaces on site. Based on currently approved uses and those projected as spaces are leased in the future, 82 parking spaces are required. Area public parking lots include the Foust lot, the lot west of Wilihoite's, the Church Street and West Texas Street lot and the lot at Jenkins Street and East Worth Street offer parking in the immediate vicinity to accommodate the proposed use and future tenants of the remainder of the building. 0:VEWCU12 -21.41 1 September 10, 2012 (4:25PR This request was tabled by the Planning and Zoning Commission during their deliberation session at the August 21, 2012 meeting in order to give the applicant an opportunity to address comments from both the Commission and the Council relative to the proposed wall signage and to the floor plan, paying particular attention to the amount of floor space dedicated to such perishable goods as fruits, vegetables, dairy, cheese, etc. While the floor plan has remained the same the applicant has provided a table denoting the increased amount of floor space dedicated to perishable goods in this "market" version of their store compared to a typical 7- Eleven convenience store. A number of changes to the proposed wall signage have been made to include decreasing the size and thickness of the projecting wall sign and adding a decorative gold border and decorative metal feature from which the sign will be suspended and eliminating an external light fixture. PRESENT ZONING AND USE: The property is zoned "CBD" Central Business District and is currently undergoing an extensive remodel /expansion to allow for multi - tenant office, retail, and restaurant uses. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and surrounding areas were rezoned in the 1984 City Rezoning from "C -2" Community Business District to "CBD" Central Business District. The subject property is also located within the Main Street Historic Overlay District (HL92 -03). At the March 20, 2012 meeting Council approved a conditional use request (CU 12-08) for an 87 seat Jake's Hamburger's restaurant with on- premise alcohol beverage sales on the subject site. Also on the subject site, Council approved at their July 17, 2012 meeting a conditional use request (CU12 -29) for a 435 square foot retail store (Sugar Shack) for food service items (shaved ice and seasonal beverages). SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CBD" Central Business District -- Willhoite's SOUTH: "CBD" Central Business District—retail business, Blagg Tire and Service EAST: "CBD" Central Business District—Foust Funeral Home WEST: "CBD" Central Business District —two office structures AIRPORT IMPACT: A portion of the subject tract is located within "Zone A" zone of minimal effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. Few activities will be affected by aircraft sounds in Zone A, except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal 0:tiMMU12 -21.41 2 September 10, 2012 (4:25PM) is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Central Business District land use. The applicant's proposal is in compliance with the Master Plan. Irs 0:VCWCU12 -21.41 3 September 10, 2012 (4:25PM) i':75 %f•/i IFis_•lrm� iiii Wdrd AIM PART 1. APPLICANT INFORMATION Applicant Name: VP Ac +J Aura. Applicant Address: 'S li l 3 "goo D " Pr q>a4 V-1 City /StatelZip trv� wmll ,fix -7(o-2,44 Phone No. i [D� ^ s_ 59 Z") Fax No. '?j ._ Lf Z-3 �l3C Email Address Mobile Phone Applicant's interest in subject property I 1FNlAi,YT PART 2. PROPERTY INFORMATION Street Address of subject property C72 70 Legal Description: Loth Block r ' Addition Legal description of subject property (metes & bounds must be described on 8 112" x 11" sheet � .. ...... . . . Size of subject property: acres 72A square footage I Zb&O'el --j t ?a en Present zoning classification c, e;-r,> Proposed use of property cj a vv%1l ew&o5 Zoning ordinance provision requiring a conditional use Z "r-> rte" j., --vim; PART 3. PROPERTY OWNER INFORMATION if L 17 ii Property Owner I t3 (P�'�'v� �- L.L-e L. i Prop Owner Address] S *N4 City/State/Zip � r, � � fix V-��cl 1 � Phone No. -Fe*fdo. `taxes ,+•t d.! r`L. Cc e -Aal ❑ Submit a letter describing the proposed conditional use and note the request on the all plan document ❑ In the some letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations (example: butler yards, distance between users) • In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, or enjoyment of other property in the neighborhood Also, describe how the proposed conditional use will add to the value, use or enjoyment of otherproperty in the neighborhood. • Application of site plan approval (Section 47, see attached Form B' . ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. cap -Q� ❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the stall Based on the size of the agenda, your application may be scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the next public hearing. Public hearings will not be tabled. ❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ l have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that all requirements of this application have been met at the time of submittal PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Print Applicant's Name Applicant's Signature The State of County of jar Before me (notary) ` 41R,6V6-7,L- [j: on this day personally appeared (applicant) Lk6W known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the some for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this�'(1 -r day of , A.D. I -ZCp *0, DESM STWOOD NOTAa1' P' SM OF WCOMM. W.. Notary In and For State of Print Property Owner's Name P operty O ne The State of County of Before me (notary) 4 on this day personally appeared (applicant)�� known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this -�- day of_ , A.D. .� Notary In and For State of —� Y a q; .0 r _ ACKNOWLEDGEM -NT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays In scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. 1 have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date 1 -S-/I o / 1 -I— Signature of Property Owner Date I !!S-[ [a t ��v rr - ti�, To:f t `; Mayor William Tate and Members of the City Council Chairman and Members of the Planning and Zoning Commission I'd like to introduce myself as Mike McCormick, Senior Director of 7 -11. 1 regret I will not be there in person for this important meeting regarding our desire to have a market at 520 South Main Street. I can assure you though, that I have been intimately involved in addressing the concerns raised and the guidance given by you at the last hearing. As a resident of Grapevine who lives a Mock away from our proposed new store, I am also keenly aware of the nature of historic Grapevine and applaud the work all of you have done over the years to preserve its integrity. Regarding the guidance we received at the last hearing we have worked diligently with the city since, over multiple meetings to respond to both the signage and the "market" nature of the store. I would like to take this opportunity to highlight the specifics of our response as follows: 1) Signage: We have had I believe, 10 iterations of the signage which were reviewed at the senior most levels of 7 -11. The one we put forth today reflects our best attempt at responding to the guidance to have a sign more fitting with the historic nature of the location, while balancing the need of 7 -11 to preserve its brand. It is a wood sign, antiqued and perhaps the best way to explain it, is for you to be able to see it. We have thus taken the extra step of having a mock up (1/3`d size) ready for your review today. We have also put ourselves on the agenda for review of the sign by HPC on September 26tH 2) Market Concept: In this 7- Eleven Market store, we are committed to providing a robust product assortment that meets the needs of the customers and patrons of the Grapevine Historic District. We are pleased to advise that our initial product assortment at this location will expand MARKET type products that we believe will be in high demand, while minimizing products that would be of lower demand. Specifically: • Fresh Foods /Produce will occupy 60% more space than our typical store. • Meat and Dairy products will occupy more than double the space of our typical store. • Grocery/Take home items merchandised will occupy 40% more space than our typical store. • Soft Drinks/Take Home Snacks will occupy 6% more space than our typical store. And, Alcoholic Beverages and other Non-Food items would occupy less space than our normal store. This will be a franchise store and part of what we provide our franchisee through our world class information system, is the technology to continually refresh and provide the most efficient product assortment, to continually meet the needs of their customers. It will be important for our franchisee to have the ability to periodically adjust the product assortment, by adding new items and removing items that are in low demand. It maybe surprising that only 10 -15% of our floor space is "display area". The data below for this location shows that the total display area is roughly 14% compared to our store at Proto where the display area is roughly 11%. ME= `II ur-ITIMC97=11 Grapevine* Proto % of % of Store Store Space Space Fresh Foods/Produce 3.38% 2.13% Meat/Dairy 0.91% 0.40% Grocery 2.93% 2.09% Home Goods 1.82% 1.96% Soda/Beverages 1.46% 1.30% Snacks 1.82% 1.79% Beer/Wine 1.41% 1.43% Total Display Space 13.73% 11.10% ME= `II ur-ITIMC97=11 Biatwic, LLC c/o Antony Bologna 520 S. Main Street, Suite 888B Grapevine, TX 76051 Tel: 214.507.4899 May 10, 2012 Development Services Depart 200 S. Main Street Grapevine, TX 76051 Re: 520 S. Main Street, Grapevine, Texas, Illumination Plan for the Conditional Use Request for 7 -11 Dear Ron Stombaugh/Planning Department: We do not at this time have an illumination plan. Currently there are electrical outlets to front and north wall facades. I have met and worked with David Klempin regarding the type of lights and fixtures to illuminate signage and building. We will be happy to provide a site photometric survey after the installation of lights to insure-that we comply with the City's Iighting standards. Thank you for your consideration of our request. Sincerely Antony Bologna July 151h, 2012 Honorable Mayor and City Council, CUQ-0q1 The applicant has done a commendable job improving the building at 520 South Main Street. The case before you is to approve or not approve the 7- Eleven store. This store is a new concept that is nothing like what most people think of as a 7- Eleven. There are no gasoline pumps, plate glass, window signage or out of the ordinary banners. If the name were anything other than "7- Eleven" , it is reasonable to presume there wouldn't be much opposition. This new concept is a good fit for the C.B.D. and the adjoining neighborhood. WILL WICKMAN 651 SOUTH MAIN STREET Grapevine,Texas 0 " IowW I �w „nlll1 00�� ul � Y W T PROPERTY OWNER NOT WITHIN 200 FEET OF SUBJECT PROPERTY CM Q- a i August 20, 2012 To: Development Services Department 200 S. Main street PROPERTY OWNER NOT WITHIN 200 FEET OF Grapevine, TX 76051 SUBJECT PROPERTY would like to express my concern about a proposed 7 -11 Convenient Store wanting to come to the Historical Downtown Area on Main Street. There are several concerns that I have about this coming to Grapevine. I have spoke to several others that are concerned that it will be a huge eye sore to our historical part of our city. Grapevine is known for Grapefest, Main Street Days and also our annual Christmas Parade. Most of the businesses up and down Main Street are family owned and operated. I do see how allowing people to go and purchase over the counter alcohol and being able to carry out and pour in to festival glasses, or in a personal thermos and continue to walk up and down the festivities will take away from sales of our home town vendors that will also be serving alcohol. The thing that I am most concerned with is the young children that walk home from school from Cannon Elementary School. Stores like 7 -11 will serve our community in other area as did when one was located on Northwest Highway. There were always the risk of robberies, looting, and drug dealings. As a concerned citizen of this town for over 34 years, I do not want to see this store locate in the Historical part of Grapevine. Let them sell bait and beer closer to Lake Grapevine — Respe tfully, Ki olfe 837 Heatherwood Drive Grapevine, TX 76051 MAIN STREET BUSINESS OWNER DOES NOT OWN PROPERTY August 18, 2012 r; AUG Honorable Mayor and Distinguished City Council Members, y Thank you for allowing me to voice my concerns in a letter since I am out of town on Tuesday evening. One of the main points that I ask you to consider is why Downtown Grapevine is so envied and emulated. The answer in my opinion is simple ... we are unique. We have unique businesses, shops and restaurants, most of which are owner- operated. Coming to Downtown is like taking a step back in time. People who visit Downtown express they experience a sense of nostalgia and see an entrepreneurial spirit that gives them hope and a recollection of a simpler time. Our Mayor and this City Council have played an integral part in creating this unique environment. I believe we must not lose sight of what makes Downtown unique and be deliberate and diligent in preserving its fabric. This leads me to question how a convenience store fits into this equation. What are we gaining from this business, or should I ask what are we losing? There are certain questions that must be addressed: 1) What happens with this business during festivals? Will festival-goers be allowed to buy snacks, drinks, food, beer and wine during the festival? Will this take away from the vendors on the street? Who will police this? 2) During parades and special events, will people be able to buy food, beer and wine to be consumed on the street? Who will police this? 3) Loitering — can people buy beer and drinks at the convenience store and then go to the Gazebo, train station or other surrounding areas to consume? Why not leave Willhoite's, grab a 6 -pack and then drink it in the parking lot? What prevents this from happening? 4) Traffic — a convenience store is simply that; it is an in and out business. Customers do not stop and browse in a convenience store. They get what they need and leave. How will that affect our traffic flow? Will it create a jam and will it be safe for pedestrians? As a matter of fact, the shuttle stops directly in front of this proposed location. 5) What about the trickle -down effect to the present businesses on Main Street? Many small businesses sell coffee, soft drinks, food, beer and wine in an effort to bring in customers. Why stop at Main Street Bakery when you can grab a donut and a cup of coffee for less at a convenience store? Is this what we want? Do we really need a place to buy cigarettes, lottery tickets and questionable magazines that badly? CUIQ-X d. ryl� 2 5 a How can this not have an adverse effect on the Downtown merchants? What are we gaining? Do we really want to open this door? We must be more concerned with preserving the uniqueness of our beloved Downtown than simply trying to fill lease space. A square peg in a round hole does not fit. This is a very important decision. I cannot see how this business enhances the charm and attraction of Downtown Grapevine. The decision is in your hands and is one that is irreversible. I write this letter not to make waves or cause discourse. I write this with absolute sincerity. I am proud of our Downtown and I believe without its uniqueness we could become indistinguishable from our neighboring cities. Thank you again for allowing me to voice my thoughts and concerns and for flaking them into consideration. Respectfully, • Gary P. Farina Farina's Winery & Cafe Antique Revival P I I �I �,t I I �, We the undersigned Businesses on Main Street in Historic Downtown Gra p evine strongly oppose the occupancy of a 7111 Convenience Store at 520 South Main Street. This type of Business does not support the Historic Downtown Brand of Grapevine and we strongly urge the Mayor and City Council to oppose this proposal. Business Address Representative 1 . OA i 3.�5~� 4. 5. 3 51M, 6.0 0,0 #A�c 22-ce � a � /0 S, YYZa t, oV 9. Aft >Ia�= r, ,B J CL) Z` G Ilds type of Business does not 1 1 1 the Historic Downtown- Brand Council to oppose tt proposal. Business ' Address Z. 3• �1�Iri5 9. ff'��H4 Ic v � �-- M., y 11 fYr Fro V' ,I V 1 Yo • i �L" w.. I. (Dz� CU m-2- � We the undersigned Businesses on Main Street in Historic Downtown Grapevine strongly oppose the occupancy of a 7111 Convenience Store at 520 South Main Street. This type of Business does not support the Historic Downtown Brand of Grapevine and we strongly urge the Mayor and City Council to oppose this proposal. Business Address Represe tive VyQj�-- 3 r((�t�o �t+'c 4. (J (sus 4 -5), S ` - S' fn&t�- 5. r 8. A 11. 12. r 5-- MOW We the undersigned Businesses on Main Street in Historic Downtown Grapevine strongly oppose the occupancy of a 7111 Convenience Store at 520 South Main Street. This type of Business does not support the Historic Downtown Brand of Grapevine and we strongly urge the Mayor and City Council to oppose this proposal. Business I. f�? e C-7 -, C- CJtt {°`> Address Represen 'v jr� 460 ri s C /Om (OP 33'I S /da(n G,4r/� /x.5_,5`ptT /PA) de, .- S.�L V- 33 S Aa) V, -> 4, �3%S, T'1•��'a% 5 . �� r2 Gc eS 6. �r,� � Cr)z "er D X337 S. A?a Ih 't 1 rev #W4kg- 5f 4.L 12. �` ff>�nr ae�- C-0 . 3 3 1 cj, a•n rndnu U1 m1appylav auu Vvv,- OUVLJLBIy L&Lr=,%, UJL%"LVJL",Y%.,x LLLJL%& %,JL..7 Council to oppose this proposal. Business Is 4. 5. 6. 7. S. 9. Address R e p Tr e s w7tab v 3' 217 s- $W 0 I cQ Vz -z We the undersigned Businesses on Main Street in Historic Downtown Grapevine strongly oppose the occupancy of a 711 Convenience Store at 520 South Main Street. This type of Business does not support the Historic Downtown Brand of Grapevine and we strongly urge the Mayor and City Council to oppose this proposal. Business Address Representative K -Vreet 5 ") -te- e9 3.5 4, 5. 6. 7. 8. 9.. 1. 1. 12. L' 8, 60I ORDINANCE NO. AN 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 CU12 -21 FOR THE POSSESSION, STORAGE, RETAIL SALE AND OFF - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A CONVENIENCE STORE 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) 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; 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 otherthings 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 ip 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. 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 CU 12-21 to allow the possession, storage, retail sale, and off - premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store (7- Eleven) in a district zoned "CBD" Central Business District within the following described property: Lots 1 R, 2 and 313, Block 4, City of Grapevine Addition (520 South Main Street, Suite 202) 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. 3 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 18th day of September, 2012. APPROVED: ATTEST APPROVED AS TO FORM: ORD. NO. 4