Loading...
HomeMy WebLinkAboutItem 03 - CU20-17 Kimu SushiTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: SEPTEMBER 15, 2020 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU20-17. KIMU SUSHI F I I I � — Grapevines\ +�/tii Dove Lake APPLICANT: Sui Ling I Ra. I 1 I. H. 1635 PROPERTY LOCATION AND SIZE: Puy: The subject property is located at 3000 Grapevine ro Mills Parkway #327 and platted as Lot 1 R3, Block 1, S DFW 3 Hall -Johnson yes Airporta. ; Grapevine Mills Addition, Phase 1. The addition wo T-----® o I contains 136.92 acres and has approximately 2,388 - 0 Glade Rd. � - feet of frontage along State Highway 26 and 1,834 � I _� feet of frontage along Grapevine Mills Parkway (F.M. 3 2499). REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site clan of CU10-25A (Ord. 2011-02) for a alanned commercial center in excess of 1.000.000 square feet of gross leasable space, specifically to allow the possession, storage, retail sales and on-aremise consumation of alcoholic beveraaes (beer and wine only) in conjunction with an existing restaurant Kimu Sushi was established on the subject site in December 2018. With this request the applicant proposes to offer alcoholic beverages (beer and wine only) to patrons for on - premise consumption. The seating layout will accommodate 13 patrons. The applicant intends to apply for a Wine and Beer Retailer's Permit (BG) from the Texas Alcoholic Beverage Commission. The BG permit allows for both on and off -premise consumption of beer and wine; however, the applicant does not intend to sell alcoholic \ZCU\CU20-17.4 1 September 9, 2020 (12:58PM) beverages for off -premise consumption. PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District with a Planned Commercial Center in excess of 1,000,000 square feet of gross leasable space designation and is developed as the Grapevine Mills Mall. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property were rezoned in the 1984 City Rezoning from 1-1 ", Light Industrial to "HCO", Hotel/Corporate Office and "PID", Planned Industrial Development. The subject property was rezoned (Z95-13) to "CC", Community Commercial on October 17, 1995. The subject property was granted a Conditional Use Permit CU95-36 for development of a planned commercial center in excess of 1,000,000 square feet of gross leasable area and conditional use pole signs. The public entryway features were approved as an addenda (ADD96-01) to CU95-36 by Resolution 96-34. Conditional Use Permit CU96-26 (Ordinance 96-79) revised the site layout, the ring road configuration and access to residential properties to the west. Conditional Use Permits CU97-05 and CU97-06 (Ordinance 97-09, 97-11) allowed alcoholic beverage sales (Sega Gameworks) and amended the site layout. Special Use Permit SU97-04 (Ordinance 97- 10) allowed skill -oriented games in excess of eight (8) machines and two (2) billiard tables. CU97-13 (Ordinance 97-28) allowed for alcoholic beverage sales in conjunction with a restaurant (The American Wilderness Experience). CU97-18 (Ordinance 97-40) also allowed for alcoholic beverage sales in conjunction with a restaurant (Rainforest Cafe). CU97-29 (Ordinance 97-55) was approved by Council at the June 3, 1997 joint public hearing which allowed for signage for the entire Grapevine Mills Mall project including the outparcel areas. CU97-29 was later modified at the July 1, 1997 joint public hearing to provide for an 80 foot entertainment globe (Ordinance 97-61). CU97-25 (Ordinance 97- 57) was approved at the June 17, 1997 joint public hearing and allowed for alcoholic beverage sales in conjunction with a restaurant (Tres Hombres) located in the outparcel area. CU97-36 (Ordinance 97-72) amended the site layout for the development of a retail use in the outparcel area (Michael's). CU97-42 (Ordinance 97-92) was approved at the August 19, 1997 joint public hearing and allowed the development of a retail tire store (Discount Tire) in the outparcel area. At the November 18, 1997 joint public hearing, a 38.255 -acre Phase 2 development was incorporated into the overall Grapevine Mills Planned Commercial Center located to the southeast of the Mall proper across State Highway 26 and bordered also by the southbound service road of State Highway No. 121 and Bass Pro Drive (Bethel Road). Z97-22 (Ordinance 97-125) rezoned 11.825 acres from "PCD" Planned Commerce Development District and 26.43 acres from "HCO" Hotel/Corporate Office District to "CC" Community Commercial District for the development of Bass Pro Shops Outdoor World and Embassy Suites Hotel. CU97-60 (Ordinance 97-126) and CU97-61 (Ordinance 97- 127) incorporated Bass Pro Shops Outdoor World and Embassy Suites Hotel into the \ZCU\CU20-17.4 2 September 9, 2020 (12:58PM) Grapevine Mills Planned Commercial Center and also allowed for on -premise consumption of alcoholic beverages and seven 40 -foot pole signs. The November 18, 1997 joint public hearing also established CU97-62 (Ordinance 97-128) Rooms To Go, a 39,870 square foot retail furniture store; CU97-63 (Ordinance 97-129) Chick-Fil-A, a 3,822 square foot restaurant; and CU97-64 (Ordinance 97-130) which allowed for off -premise consumption of alcoholic beverages (wine only) for a lease space within the Mall proper. CU97-68 (Ordinance 97-147) was approved at the December 16, 1997 joint public hearing which allowed the development of a 3,855 square foot heath care facility (Primacare) in the Phase 1, outparcel area. CU97-75 (Ord. 98-10) was approved at the January 20, 1998 joint public hearing which amended the signage plan for wall signage associated with outparcel tenants. CU97-76 (Ord. 98-11) was also approved at the January 20, 1998 joint public hearing which approved a 10,095 square foot restaurant (Cozymel's) in the Phase 1, outparcel area. CU98-03 (Ordinance 98-17) was approved at the February 3, 1998 joint public hearing, which approved an amended floor plan for Dick Clark's American Bandstand restaurant. CU98-07 (Ord. 98-40) allowed for on -premise consumption of alcoholic beverages in conjunction with a restaurant (Corner Bakery). CU98-21 (Ord. 98- 74) was approved at the June 16, 1998 joint public hearing which amended the floor plan for American Wilderness. Also approved with this request was a request by the Mills Corporation to extend to January 15, 1999 the temporary parking areas at Anchor Pads A and B. At the September 15, 1998 joint public hearing CU98-47 (Ord. 98-116) was approved amending the floor plan for Cozymel's in the outparcel area of the Grapevine Mills Mall. CU98-48 (Ord. 98-117) was approved at the same public hearing and established MJ's Chop House/Mason Jar—a dual concept restaurant with alcohol beverage sales in the outparcel area. Also, CU98-49 (Ord. 98-118) was approved at the September 15, 1998 joint public hearing which allowed for canopy extensions over the main entrance and ticket window areas of the AMC Theater complex at Grapevine Mills. CU98-57 (Ord. 98-130) was approved at the October 20, 1998 which allowed for the development of a Black -Eyed Pea restaurant with alcohol beverage sales in the Phase 1, outparcel area. At the November 17, 1998 joint public hearing Council approved CU98-59 (Ord. 98-135) allowing alcoholic beverage sales throughout the premises for "special events" at Sega Gameworks. CU98-63 (Ord. 98-151) was approved at the December 15, 1998 joint public hearing which allowed for a 6 -story, 121 -room hotel (AmeriSuites) in the outparcel area. CU98-79 (Ord. 99-17) was approved at the February 2, 1999 joint public hearing which allowed a revision to the floor plan for Sega Gameworks. At the March 23, 1999 joint public hearing, Council approved CU99-12 (Ord. 99-16) which allowed for a revision to Anchor "G" specifically a reduction in square footage from 35,790 square feet to 26,500 square feet for Iguana Ameramex. Council approved at the April 20, 1999 joint public hearing CU99-17 (Ord. 99-61) for a restaurant in the mall proper (Jekyll and Hyde) with on -premise alcoholic beverage sales (beer, wine, and mixed drinks). CU99-27 (Ord. 99-83) was approved at the May 18, 1999 joint public hearing which allowed for the construction of a partial stone wall with trellis along the rear elevation for Cozymel's. At the July 20, 1999 joint public hearing, Council approved CU99-41 (Ord. 99-109) for a 7,189 square foot restaurant (Bennigan's) with on -premise consumption of alcoholic beverages (beer, wine, and mixed drinks) in the Phase 1, outparcel area. Council \ZCU\CU20-17.4 3 September 9, 2020 (12:58PM) considered and approved at the November 16, 1999 joint public hearing CU99-60 (Ord. 99-163) for a mall expansion for Anchor "A," CU99-61 (Ord. 99-164) an amendment to the parking layout for Rooms -To -Go, and CU99-63 (Ord. 99-165) a restaurant with on -premise alcohol beverage sales (Trail Dust) in the outparcel area. CU99-71 (Ord. 99-178) was approved by Council at the December 7, 1999 joint public hearing and allowed for the development of a 4 -story, 105 -room hotel (Hawthorn Suites), in the Phase 1 outparcel area of the Grapevine Mills Mall. Conditional Use Request C000-16 (Ord. 00-43) was approved at the April 18, 2000 joint public hearing which allowed for changes the exterior elevations of Anchor "A." Special Use Request S000-07 was approved at the June 20, 2000 joint public hearing allowing for 30 redemption/coin-operated games at the main (Texas) entrance of the Grapevine Mills Mall. Conditional Use Request C000-21 (Ord. 00- 83) was approved August 15, 2000 and allowed for a 114 -room four story hotel immediately north of the AmeriSuites Hotel. Conditional Use Requests C000-67 and C000-68 were approved at the December 19, 2000 meeting and allowed for the development of a restaurant with a drive-thru window (Steak -n -Shake) and a business services/reproduction facility (Kinko's) in the outparcel area of the Grapevine Mills Mall. Conditional Use Request CU01-38 was approved by Council on July 17, 2001 and allowed for a 32,786 square foot expansion to the mall proper at what was known as the "Texas' entrance, for a Neiman Marcus retail concept known as "Last Call." Conditional Use Request CU01-51 and Special Use Request SU01-07 was approved by Council at their October 16, 2001 meeting which allowed for a restaurant (Chuck -E -Cheese) with video games in excess of eight machines in the outparcel area of the Grapevine Mills Mall. A subsequent minor revision to the site plan for Neiman Marcus relative to the location of a power generator and landscape island was approved by the Site Plan Review Committee at their September 26, 2001 meeting. Conditional Use Request CU02-17 was approved by Council at their May 21, 2002 meeting and allowed for a 20 -foot pole sign for Rainforest Cafe immediately south of Neiman Marcus "Last Call." Conditional Use Request CU02-16 was approved at the June 18, 2002 for and expansion of the mall proper to allow for the development of an indoor and outdoor skating park (ESPN Skate Zone). At that same meeting, Conditional Use Request CU02-21 was approved which allowed for an expansion of the alcohol consumption area to include the entire floor area within Sega Gameworks. Conditional Use Request CU02-43 was approved at the October 15, 2002 meeting and allowed for a restaurant (Blue Goose) which modified the floor plan associated with the former Black -Eyed -Pea restaurant. Conditional Use Request CU03-14 was approved by Council at the May 20, 2003 meeting which approved modifications for the site plan associated with the Springhill Suites hotel in the outparcel area. Council approved Conditional Use Request CU03-19 at the July 15, 2003 meeting which allowed the development of a tunnel -based aquarium with the possession, storage, retail sale, and on - premise consumption of alcoholic beverages (beer, wine, and mixed drinks) in conjunction with a restaurant in the outparcel area of the Grapevine Mills Mall. At the December 16, 2003 meeting Council approved Conditional Use Request CU03-43 and Special Use Request SU03-06 to allow the possession, storage, retail sale, and on -premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant/dance club called Midnight Rodeo/Hondo's Grill and to allow the use of three \ZCU\CU20-17.4 4 September 9, 2020 (12:58PM) pool tables. The concept was to be located in the spaces previously occupied by "Just for Feet" and comprised some 20,130 square feet; the request never moved beyond the initial planning stages. Council also approved Conditional Use Request CU03-47 at the December 16, 2003 meeting which allowed for a restaurant (Ritzy's) in the outparcel area of the Grapevine Mills mall. Conditional Use Request CU05-01 was considered and approved at the January 26, 2005 Site Plan Review Committee meeting which allowed minor modifications to the exterior and interior. Conditional Use Request CU05-08 was considered and approved at the March 15, 2005 meeting which allowed for on -premise alcohol beverage sales at the Chuck -E -Cheese restaurant in the outparcel area. At the same March 15, 2005 meeting Council also approved Conditional Use Request CU05-09 to allow an approximate 8,000 square foot expansion (Children's World) near the "Tornado" entrance to the mall. At the July 25, 2006 meeting of the Site Plan Review Committee, CU06-33 was approved to allow for the addition of 1,000 square feet of office space. At the November 7, 2006 meeting CU06-42 (Ord. 2006- 79) was approved for a car wash service, Pronto Wash, adjacent to Neiman Marcus Last Call. At the November 21, 2006 meeting CU06-52 (Ord. 06-83) was approved for a 26,325 square foot retail structure located between Rooms To Go and Chuck E. Cheese in the outparcel area. At the October 21, 2008 meeting CU08-25 (Ord. 08-57) was approved for a restaurant (Daan Sushi) with alcoholic beverage sales between Rooms To Go and Chuck E. Cheese in the outparcel area. At the September 15, 2009 meeting CU09-24 (Ord. 09-39) was approved for a restaurant (Love and War in Texas) with alcoholic beverage sales to allow outside dining with outdoor speakers for live music performances. Council approved at the November 17, 2009 meeting a conditional use permit (CU09-37) to allow for changes to the floor plan and building elevations, as well as adding outdoor dining, converting the former Bennigan's restaurant to a new Applebee's restaurant. Council approved at the December 21, 2010 meeting conditional use permit CU 10-25 (Ord. 2010-70) to modify site signage. Council at the January 19, 2011 meeting approved conditional use permit CU 10- 25A to revise the site signage package for 20 existing signs and one wall sign. Council at the July 21, 2015 meeting approved CU15-21 (Ord. 2015-038) to allowforthe possession, storage, retail sales and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with an existing hotel. The Site Plan Review Committee at the November 17, 2015 meeting approved CU15-46 to revise the previously approved sign package with new way finding signs for a contemporary theme. The H/A Grapevine Joint Venture property to the north and northwest of Anderson -Gibson Road was rezoned in 1985 as a part of the "Terra Tract" to "R -MF -1 ", Multifamily District, "R -MF -2", Multifamily District, "HCO", Hotel/Corporate Office, "LI", Light Industrial, "CC", Community Commercial and "PID", Planned Industrial Development. The property never developed. The same property was recently rezoned (Z95-06); the actual zoning designations changed very little, but the deed restrictions and the letter of agreements changed a great deal. At the August 4, 1999 meeting CU99-28 (Ord. 99-112) was approved for the Cross Creek Apartments. Council approved at the meeting on February 21, 2006 zoning change request Z06-02 (Ord. 06-11) for a recently completed 39 -unit townhome development. At the November 18, 2008 meeting CU08-31 (Ord. 2008-65), \ZCU\CU20-17.4 5 September 9, 2020 (12:58PM) PD08-04 (Ord. 2008-66) and Z08-10 (Ord. 2008-164) were approved for the Terrawood Apartments on the site of Wagon Wheel Addition. Council at the November 19, 2019 meeting approved zone change request Z19-05 (Ord. 2019-077) from R -MF -2 Multifamily District to "CC" community Commercial District to allow for an office/retail development. Approximately 98 acres located to the east and the north (Billingsley tracts) were recently rezoned at the October 21, 1997 joint public hearing (Z97-15 and Z97-16, Ordinance 97-117 and 97-118 respectively) from "HCO" Hotel/Corporate Office District, "PID" Planned Industrial Development District, and "R-20" Single Family Residential to "CC" Community Commercial District and "BP" Business Park District (approximately 20 acres). Council at the April 17, 2018 meeting approved CU18-08 (Ord. 2018-37) to establish a master site development plan to include, but not be limited to building elevation improvements to the existing multi -tenant building, along with the addition of new multi -structure retail and restaurant development, and two, four- story multifamily structures and two, three-story, brownstone structures. Council at the April 19, 2019 meeting approved CU 19-02 (Ord. 2019-006) amend the previously approved site plan to amend the square footage and elevations of the previously approved retail space, provide for additional on -premise signage, and allow for gasoline sales, and off -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "HCO" Hotel/Corporate Office, "R -MF -2," Multifamily & "CC," Community Commercial District–Cross Creek at Grapevine Ranch Apartments and Cross Creek Ranch SOUTH: "HCO" Hotel/Corporate Office—Hilton Hotel and Austin Ranch EAST: "CC" Community Commercial—Fellowship Church (east side of S.H. 121 North) WEST: "R -MF" Multifamily District and "CC" Community Commercial District Enclave at Grapevine Apartments and Kriya Hotels office building AIRPORT IMPACT: The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B, the following uses may be considered only if sound treatment is included in building design: multi family apartments, motels, office buildings, movie theaters, restaurants, personal and business services. Single family residential and sound sensitive uses such as schools and churches should avoid this zone. The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is in compliance with the Master Plan. \ZCU\CU20-17.4 6 September 9, 2020 (12:58PM) R-1 GU R -MF -2 _. HCO CC ...... -...-- .......... ....... I1 .4. . ..-. AtiikF..f'- -i 0% ffd: Yi .r Rx _nL Ca Tat S� P w" ,. .... PS �' w® GPP50. CC:::.::•::::•�' 1ZTf ` a wa 1 Z -MF -a y 00 4 �1v pJD :t HCG v; g — 1 ....................... �Q- Feet 0 300 600 900 1,200 Date Prepared: 9/1/2020 CU20-17 Kimu Sushi L�P�TI� Jt�t5N B .aero I I 3 Vllggt5N 2 .tea Z BP This data has been compiled by the City of Grapevine ITIGIS department. Various official and unofficial sources were used together this information. Every effort wee made to ensure the accuracy of this data. however, no guarantee is given or implied as to the accuracy of said data. Lf-P� N 9 11�aN z.w.o .o;w a5�7 9y501 zTss® M oawo f CU20-17 Kimu Sushi L�P�TI� Jt�t5N B .aero I I 3 Vllggt5N 2 .tea Z BP This data has been compiled by the City of Grapevine ITIGIS department. Various official and unofficial sources were used together this information. Every effort wee made to ensure the accuracy of this data. however, no guarantee is given or implied as to the accuracy of said data. C LA 2L0- I 1 JUL 9 2020 JAR AR.E,VIN, E_ ,�,T h vlq� CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/ agent:/company/contact kimU SUS" Street address of applicant/ agent: i O � tit`d d ein -TV-40 �) (-. City/State /Zip Code of applicant /agent: �,C.iU%S:1M-<- 1,, -TS66," Telephone number of applicant/agent., Fax number of applicant/agent C[T Z - 5 &-} - 6OGi Email address of applicant/agent Mobile phone number of applicant/agent PART 2. PROPERTY INFORMATION Street address of subject proper9114 property �/ �6 00 � rd .4q,'O-G PKWY ��a,-tL ` X 321- C Yd. ZAttAe— �' 1 Legal description of subject properly (metes & bounds must be described on 8 1/2"x 11" sheet) Lot Block Addition Size of subject property q3 �Square Acres _ footage Present zoning classification: Proposed use of the property. P, gm -o -u Circle yes or no, if applies to this application Outdoor speakers Yes No Minimum /maximum district size for conditional use request: Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current pro erty owner: 10 rna� '� ;'��Mt owner Street address o(f: `1prroperty city/ State ip\Code off�pr perty owner: Te hone mber of property owner: Fax number of property owner.• �I-°l;A -1AR 1 u I Q14� JUL 9 2020 ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations (example: buffer 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 other property 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. ❑ 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 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 conditional use permit can only be approved by city council through the public hearing process. ❑ i 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 FtLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY 5a, Inc. Print Applicants Name • Applica 's Signature. The State of County Of anti a Before Me Ica U 10 h cg o on this day personally appeared Ino (notary) J (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. TV\ (Seal) Given under my hand and seal of office this day of J I '> A.D. �Gry rMQ.*=AMERICA RUVALCABA �' My notaryID # 131795191 r: Expires November 13, 2022 Print Property Owners Name: The State Of + J County Of Before Me b: ooa" 41 (notary) NotaryIn And or fate Of Texas Property Owner's Signature. L on this day personally appeared_,N_In_), GAY t S21a 1YY S'ze % (property ner) 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 SARAH OLAYADE a; *= My Notary ID # 126533517 Expires July 12, 2022 day of _ 3 \ A.D.auo. (in Notary In And For State CTf Texas JUL 9 2020 dui Do-141 CKNOWLEDGEMENT 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. I 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: 6177� 26I P zU Signature of Owner Date: I 'no JUL cu`j ORDINANCE NO. 2020-044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING CONDITIONAL USE PERMIT CU20-17 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2011-02 FORA PLANNED COMMERCIAL CENTER IN EXCESS OF 1,000,000 SQUARE FEET OF GROSS LEASABLE SPACE, SPECIFICALLY TO ALLOW FOR THE POSSESSION, STORAGE, RETAIL SALES AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH AND EXISTING RESTAURANT FOR LOT 1 R3, BLOCK 1, GRAPEVINE MILLS ADDITION, PHASE 1 (3000 GRAPEVINE MILLS PARKWAY, #327) 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); 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 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 Ordinance No. 2020-044 2 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: 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 CU20-17 to amend the site plan approved by Ordinance Number 2011-02 for a planned commercial center in excess of 1,000,000 square feet of gross leasable space, specifically to allow the possession, storage, retail sales and on -premise consumption of alcoholic beverages (beer and wine only) in conjunction with an existing restaurant (Kimu Sushi) 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, #327) 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. 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 Ordinance No. 2020-044 3 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. 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of September 2020. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2020-044 4 REVISIONS: NO-E CO:,TACT MALL REOUIRED VENDORS FOR BARRIO4DE PIPE ALARM F:RE 5-RIWLER ROOFING MPS R EE= 'TALL RJ,ES AND EB5,L-ATICN5 PACKET TENANT INFORMATION ARCHITECT PROJECT INFORMATION SUI LING ROBERT QUINT7NA ARCHITECTS PROJECT SHIMU SUSHI SuiLing?weichert.com 14900 LANDMARK BLVD. LOCATION- GRAPEVINE MILLS SUITE *530 SPACE *327 PHONE- 972-537 6046 DALLAS, TEXAS 75254 3000 GRAPEVINE MILLS PKWY PHONE, 972-233-2718 GRAPEVINE, TX 76051 FAX- 972-980-2914 AREA, 1,431 S.F. CONTACT- LANDLORD, SIMON PROPERTY GROUP/THE MILLS - BOB QUINTANA CONTACT AARON WEBB (301) 968-6332 KEY PLAN I - - " — - - W- = MI-111 KIM 5I15H1 - 5UITE 321 GRAPEVNE MILLS "ALL SITE MAP GRAPEVINE "il-L$ MAL- GRAPE VINE, HILLS BUILDING DEPT. C T E OP ENSERV APPLICABLE CODE. 2006 INTERNATIONAL BUILDING CODE [ARC.ITECT..RAL �EC —CAL 2-6 -IF—ATI—AL MECHANICAL CODE PL-51NG 2006 INTERNATIONAL CODE E-ECT.:CAL 200E NAT a AL ELECTRIC CODE I ENERGI 2005 INTERNATIONAL ENERGYSCN5E—TOK CODE PREfLIPE 6-1- 2015 INTERNATIONAL 11- CODE I '$E GRO' AONET-CT ON '--E: D L_•- E—S o Conditional Use Request CU20-17 is a request to amend the previously approved site plan of CU10-25A (Ord. 2011- 02) for a planned commercial center in excess of 1,000,000 square feet of gross leasable space, 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 c The entire site is the premise REOUIRED PARKING 32 SPACES E 15T,' PARTITION EXIST'NG --EN15NG EXIS"M CEM!5:N WALL WALL WALL -X6T 16 r EM5;1WALL C EX5' 1* PAR'IT101 WALL OFFICE DRY EXISTI,�, GOODS 3 -01 5C I'D DOOR DMG LEVER HANDLE 'Y SC EX 5TN6 6CLLC' DOOR XD DOOR BEER ANC WINE C15L CC<XER HALP WA 31- HE' 4T BAR L BELCy -v- X I 0- ILOCR A I S.G.C� wo. OCR REPGR 76- COOLER LEVER uANrLE SERVICE C4ENET EXISTING EX15TI�' TOILE�T STORAGE ELEC A,E-5 XFTIR LiTT� E DIFFER G THE P E iJ J BEERAND NE 510RA. A', DePLAT EX'511-6 DEMISING 'ALL w W W 0 IT, 11/06/18 DRAW' 'y: 4C CHECKED BY: ED Joe NO, , 18-870 SHEET NO.: a .x i N Al h'rh$4�\ 2(XI' Ir✓J � 2LW' Nam' CD / r y DRAWING S('ALE. I"= 2111 gPF/'i 9 C ( KIMU SUSHI LOCATION k, A � CURRENT ZONING IS "CC' �C(.1 COMMUNITY COMMERCIAL DISTRICT Pp % 10 l O 1 I vl�4� aV."'1/U 1 C Place E Vacant ` 1 Field Home ood Sunes by Hilton A D G/BSOI N qOA! zLq At f \ ra T1Trr-Fri :VINE \�'u'Oltilu MALL W L_ U �, ant For ' ,J apes Crab / _ s Daylight Golf Blue Gee/ Dii o Tire �► CNeNyv a Cartyw Q � i sry Fetl-Ex7K'nkos / �Q -- C�u���ilJftl[t�✓ `hick-fil-A Chip timGhl e Applebees / Steak cli 12 ZONING CASE HISTORY ZONING CASE HISTORY CU95-36 (Ord. No. 9608) - Establish a planned commercial center over 1,000,060 square feet of CU98-07 (Ord. No. 96-40) - Amend the floor plan for alcohol beverage sales at Corner Bakery R-1 (Phase 1), gross leasable area. CU98-03 (Ord. No. 96-12) - Amend the floor plan for alcohol beverage sales at American Wilderness Addendum 96-01 (Presolution No. 95-34) - Approval of (8) public entryway elevations for (Phase 1). Grapevine Mills Mall. CU9847 (Ord. No. 96.118) -Amend the floor plane at Cozymel's (Phase 1). Addendum 95-26 (Ord. No. 96-79) - Amend the site layout. CU48-48 (Ord. No. 97-90) -Conditional use request (Masan far (Ml's Chop House} for alcoholic beverage CU97-05 (Ord. No. 97-09) - Conditional use request (Sega Gameworks) for alcoholic beverage sales to include beer, wine and mixed beverages (Phase 1), sales to include beer, wine and mixed beverages. CU98-48 (Ord. No. 97-90) -Amend the site layout plan (AMC Theater) to include a canopy adjacent to the SU97-09 (Ord. No. 97-30i - Special use request skill oriented games in excess of eight machines existing ticket booths (Phase 1). and two billiard tables. CU98-57 (Ord. No. 96-130) - Conditional use request (Black -Eyed Pea) for alcoholic beverage sales to Addendum 97-06 (Ord. No. 97-11) - Amend the site layout (AMC Theater). include beer, wine and mixed beverages (Phase 1). CU97-13 (Ord. No.97-25) -Conditional use request (The American Wilderness Experience) for C - 9 Ord. No. 96-135 - Conditional use request Sea Gameworks for alcoholic beverage sales to U98 5 ( { q (Sega 4 g alcoholic beverage sales to include beer, wine and mixed beverages. include beer, wine and mixed beverages (Phase 1), CU97-18 (Ord. No. 97-40) - Conditional use request (Rainforest Cafe) for alcoholic beverage CU98-79 (Ord. No. 99-17) - Conditional use request (Amerisuites) for a 125 room 8 story hotel, sales to include beer, wine and mixed beverages. CU 8-78 Ord. No. 99-15 - Conditional use request American Wilderness for alcoholic beverage sales to 9 ( ) q ( 1 g Cu97-25 (Ord. El 97-25) Conditional use request (Tres Hombres) for alcoholic beverage sales include beer, wine and mixed beverages (Phase 1), to include beer, wine and mixed beverages. CU98-79 (Ord. No. 99-17) -Conditional use request (Sega Gameworks) for the installation of sale counter, CU97-29 (Ord. No. 97-56) Conditional use request for mail signage and an 80 foot game software sales display and one pair of additional doors. entertainment globe (Ord. No. 97-61). CU98-79 (Ord. No. 99-17) -Conditional use request (Iguana Ameramex) to amend the site layout. CU97-36 (Ord. No. 97-72) - Amend the site layout (Michaels). CU99-17 (Ord No 99-51) Conditional use request (Jekyll and Hyde) for alcoholic beverage sales to Cu97-39 (Ord. No. 97 99) - Conditional use request to amend the landscaping plan and provide include beer, wine and mixed beverages (Phase 1). three 50 foot, and two 40 foot out parcel signs CU98 79 (Ord. No. 99 17) - Conditional use request (Cozymel's) to amend the site layout. CU97 40 Ord No 97 90 Conditional use request Chiiys Too for alcoholic beverage sales to ( } q ( ) g include beer, wine and mixed beverages CU99-41 Ord. No 99) Conditional use re ( gan s) beverage sales ( quest Benni for alcoholic to include beer, wine and mixed beverages (Phase 1). CU97-41 (Ord. No. 97-91) - Conditional use request (Dick Clark's Restaurants) for alcoholic beverage sales to include beer, wine and mixed beverages CU09-37 (Ord. No. 2009-51) - Conditional use request (Appiebee's) for alcoholic beverage sales to include beer, wine and mixed beverages (Phase 1). CU97-42 (Ord. No. 97-92) - Amend the site layout (Discount Tire). CU 10-25 - Conditional use request for Sea Life and Legoland to add signage throughout the mail. CU - o. 7- Conditional use request Rooms To Go to amend the site layout 82 {Ord N 9 128) - C 1 q ( { Y as (Phase i). CU10-25A - Conditional use request for Sea life and Legoland to allow for a monument sign at the northwest corner of Grapevine Mills Boulevard South and State Highway 26. CU97-83 (Ord. No. 97-129) - Conditional use request (Chick-Fil-A) to amend the site layout (Phase 1), CU70-32 (Ord. No.) - Conditional use request (Applebee's) for alcoholic beverage sales to include beer, wine and mixed beverages (Phase 1). CU97-84 (Ord. No. 97-130) - Conditional use request RNi tern Aficionado Collections) for off -premises consumption of alcoholic beverage (wine only, Phase 1), CU 11-08 (Ord. No. 2011-21) - Conditional use request for on -premise alcoholic beverage sales and consumption for a wine tasting room. CU97-65 (Ord. No. 97-147) - Conditional use request (Primacare) to amend the site layout (Phase 1). CU 13-19 (Ord. No. 2014-05) - Conditional use request (Chili's Too) to revise the floor plan. CU97-75 (Ord. No. 96-10) - Amend the mall signage plan for out -parcel tenant wall signs (Phase CU13-35 (Ord. No. 2014-05) - Conditional use request (Legoland) for an outdoor splash pad. 1). CU13-13 Conditional use request (Chipotle) for use of a drive through and alcoholic beverage sales to CU97-76 (Ord. No, 96-11) - Conditional use request (Cozymel's) to amend the site layout (Phase include beer, wine and mixed beverages. 1). CU 15 29 Conditional use request (Round 1) for alcoholic beverage sales to include freer, wine and mixed CU97-77 (Ord. No. 96-12) - Amend the floor plan for alcohol beverage sales at Sega Gameworks beverages and skill oriented games (Phase 1). CU1546 Conditional use request to replace exterior and on premise signs to allow for new wayflnd-ng CU98-03 (Ord. No. 96-12) - Amend the floor plan for alcohol beverage sales at Dick Clark signs. Restaurants (Phase 1) CUSS-48 Conditional use request to amend the previously approved site plan of CU05 27 5PRC, CU02 43 (Ord. 2002-79) for a planned commercial in excess of 1,DOO,000 square feet of gross leasable space with the possession, storage, retail sales and on premise consumption of alcoholic beverages (beer, wine and mixed beverages), specifically to revise the building elevations, floor plan, allow outside dining and outdoor speakers in conjunction with a restaurant SITE DATA MOT NUAgER LOTSQ1 BUILDING COYERAGE DENSITY BUDDING NEIBR PAVED AREA OPEN SPACE OPEN TOTAL SLOG, PAYp BPAYEO AREAREQUIRED PARKBG PROVIDED SF V % S- APPtEBEE'S- LOT 3, BLOCK S 62,485 7,199 1151 22'-8" 39,870 15,405-(24.66) 47,060 79 301 VACANT FORMERLY CARENOW - LOT 2, BLOCK4 23,598 3,855 18.30 25-0" 13A14 6,729-128.50) 18,889 25 25 CHICK-FI L-A - LOT I, BLOCK 53,768 3,822 7.11 25-0' 31,337 18,810 (3480) 35,159 37 47 CHI FACILE MOUCAN GRI LL - LOT 2, BLOCK 38,898 3,457 8.89 -'D A—, 13,144 (33.80) 25,754 29 42 CHUCKS CHEESE'i LOT 5, BLOCK 88,581 6,600 13.51 20'2° 62,274 14,358 (16.21) 74,223 146 147 CHINA BUFFET - LOT 3, BLOCK 77,755 6.429 1 12.10 30'4° 49AB1 19,045 (24.SO) 58,690 126 126 DISCOUNT TIRE - LOT I, BIOCK4 37,346 7,700 20.62 50'-0" 20,170 9,478-(25.40) 57,570 19 27'. VACANT FORMERLY PAPA'S CRAB-LOT4, BLOCK 85,135 10,345 12.15 77'-0' 58,413 15,275 - (17.90) 69,858 126 147 GRAPEVINE MILLS MALL - LOT IR, BLOCK 81 5,964,147 1,868,952 5,363,842 7,489 8,467 HOMEWOOD SUITES - LOT 2, BLOCK 119,335 14,604 14DI 69'-8' 45,101 46,772 - (39.19) 68,063 128 128 HYATT PLACE- LOT 1, BLOCK 6 108,488 5,903 11.01 21'41" 58,322 36,615 . (33.80) 71,873 126 130 VACANT FORMERLY FED43(/ KI NKOS - LOT 4, BLOCK 47,899 3,890 7.08 64'1' 20522 25,571 (53.38) 27,122 42 38 DAYLIGHT GOLF - LOT I, BLOCK 104,239 14,604 14.01 TV-0- 67,248 22,387-(21,48) 81,852 176 176 VARI OUS BUSINESSES - LOT I, BLOCK 110,581 28,742 24.18 %,104 17,735-11E..) 92,541 139 119 ROOMS TO GO - LOT 2, BLOCK 184,171 39,870 21AS 25'-B' 90,000 54,301-(29.50) 128,870 205 228 BLUE GOOSE-30T3, BLOCK 53,676 5,903 11,01 21'-11" 33471 12,054-(2250) 38,980 66 88 SPRINGHILLSUITES- LOT 3, BLOCK 101,244 22,962 19.24 51,287 33,085.(32.68) 18,119 114 114 VACANT FORMERLY STEAKi SHAKE -LOT4, BLOCKS 54,791 16,872 16.66 33,827 17,084-(31.38) 3J,70] 45 S4 TOTAL 7,316,137 2,073,689 1 6,366,217 9,11] 10,224 Site DaG table was prepared us ng data listed on the Overall Slte Panfor Grapeyne Mills Mail prepared for case number: [U35-29/SU15-03 -Round 1 Bowling 8 Anwsemen(.approved8.18-15,and CU19-33 Daylight Golf,approved221]39 Site Deta LAW.-updatedta rexectedstng-dlnom. General Notes: I, Co due -I use request CU2O17 equest to amend the previously pV d ce plan of CUI=O d 2011-02)f Planned o dal oat - nr 1000 ooD square feet of g I bl pa pe 'fica8y to allow the p t 9 t l les, and orvprem' mapfon f I ho'. beverages (b . M m ed be ragest .,encnon dh .... m tl . 2. The entire sae is the premise. :ASE NAME: KIMU SUSHI :ASE NUMBER CU20-17 .00ATION: a00D Gropewne Male P-.o, -A Grvpavme. Tema IF - MAYOR SECRETARY IA. PLANNING AND ZONING COMMOI90N CHAIRMAN LATE: SHEET: APPROVAL DOES NOT AUTHORIZE ANY 1YCRK IN CONFLICT ARTS ANY COnss M ORDINANCE, . DEPARTMENT OF DEVELOPMENT Ssloac. w In ER Z Z ._ Y ag z w c Fa 3>_> 0 EX i M m U1 QQ� ram Z & O to FZ a a®„A, z a�iLL Goo=W �€ Lu I � X2' z o M W � E vFm E LU ®n Em M r Lon to Hy I J `W N � r I% Z Z y YWW 0 OF 7 'h�PjE� f,}as tF KONSTANTNE SMONTAS '.,t 87022 ....................... E °•`f4. SYER.• �t� NA 4 08114720 BHB PROJECT NO: 2020.728.000 SHEET NO: 1 OF 2 DRAWING FILE: E:\2020.000.000\2020.728.000 - Master Site Pion Update - Gropevine\01 CADO\04 Cfve\Master Site Plon-8-13-20.dwg ( Layoutl