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Home My WebLink AboutORD 2020-044 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 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. Ordinance No. 2020-044 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 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 1R3, 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 ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Ordinance No. 2020-044 3 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of September 2020. APPROVED: William D. ate Mayor ATTEST: ��aPF � �ti�,---,�Vi�✓ . �� vi � � a � �� m Tara Brooks s � = �` �.� City Secretary � ��, p_ �� .�"�r APPROVED AS TO FORM: 1 � City Attorney Ordinance No. 2020-044 4 REVISIONS: NO-E CO:,TACT MALL REOUIRED VENDORS FOR BARRIO4DE PIPE ALARM F:RE 5-RIWLER ROOFING MPS R EE= 'TALL RJ,ES AND EB5,L-ATICN5 PACKET TENANT INFORMATION ARCHITECT PROJECT INFORMATION SUI LING ROBERT QUINT7NA ARCHITECTS PROJECT SHIMU SUSHI SuiLing?weichert.com 14900 LANDMARK BLVD. LOCATION- GRAPEVINE MILLS SUITE *530 SPACE *327 PHONE- 972-537 6046 DALLAS, TEXAS 75254 3000 GRAPEVINE MILLS PKWY PHONE, 972-233-2718 GRAPEVINE, TX 76051 FAX- 972-980-2914 AREA, 1,431 S.F. CONTACT- LANDLORD, SIMON PROPERTY GROUP/THE MILLS - BOB QUINTANA CONTACT AARON WEBB (301) 968-6332 KEY PLAN I - - " — - - W- = MI-111 KIM 5I15H1 - 5UITE 321 GRAPEVNE MILLS "ALL SITE MAP GRAPEVINE "il-L$ 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