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Home My WebLink AboutORD 2021-004 ORDINANCE NO. 2021-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT CU20-25 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2015-57,AS AMENDED, FOR A PLANNED COMMERCIAL CENTER TO REVISE THE FLOOR PLAN, REVISE THE EXTERIOR ELEVATIONS AND ALLOW THE ADDITION OF A BREWPUB IN CONJUNCTION WITH A RESTAURANT FOR LOT 3R, BLOCK 1, TOWNE CENTER ADDITION NO. 2 (1200 WILLIAM D. TATE AVENUE) IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN _ APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning and Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surFacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine,Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS,the City Council further considered among 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, an is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS:� Ordinance No. 2021-004 2 Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code, by granting Conditional Use Permit CU20-25 amending the site plan approved by Ordinance No. 2015-057, CU16-19 SPRC, for a planned commercial center with the possession, storage, retail sale and on-premise consumption of alcoholic beverages(beer, wine and mixed beverages), 20-foot pole sign, outside dining, outdoor speakers/monitors, specifically to revise the floor plan, revise the exterior elevations and to allow for a brewpub in conjunction with a restaurant (Ferrari's Italian Villa and Sidecar Brewery) in a district zoned "CC" Community Commercial District within the following described property: Lot 3R, Block 1, Town Center Addition No. 2 (1200 William D. Tate Avenue) 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 land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Ordinance No. 2021-004 3 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 19th day of January, 2021. APPROVED: � William D. Tate Mayor ATTEST: .=F ��.PF�� ,- .�y �� h`� `� �r ` � c�� ;� '` �m �, ; 1 3C - �� i� Tara Brooks `�_ .�� City Secretary �` � '� APPROVED AS TO FORM: v J- �, Matthew C.G. Boyle City Attorney Ordinance No. 2021-004 4 5. 750 49' 39" E. 3323V VIGINI7i' YAP Q Q IRA E. WOOD5 AVE. iRA WOE OD`D AVE. g ti 51TE N f N HOUR' 114114 MU5TAN6 DR. �. MUSTANG DR. 0 I 6' TALL WOOD FENCE / EXISTING PATIO TRELLIS �a S \4b 3F O c! 9'/ga s N Qrn n CONDITIONAL USE REar,:5T CU20-25 15 A RE2mT TO AMEND U 0UI6-19 SPRC, CUI5-51 (ORD. 2015-051) FOR A PLANNED COMMERCIAL CENTER WITH THE P055E5510N, STORAbE, RETAIL SALES AND ON -PREMISE GUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES), 20-FOOT POLE 516K OUTSIDE DINING > pp AND OUTDOOR VISION REVI ISION MONITORS, SPECIFICALLY TO SE {1J THE FLOOR PLAN, REV15E THE EXTERIOR ELEVATIONS AND ALLOW Co � THE ADDITION OF A BR54FAB IN CATION WITH A RESTAURANT THE ENTIRE SITE 15 THE PREMISE. (■ y v �Yf Im d Vf SEATING COUNTING CHART INDOOR SEATS = P"O TABLES H/ 214 CHAIRS (WOOD W/ DU5HION) OUTDOOR SEATS = W.I. TABLES W 9b CHAIRS (WROUGHT IRON) TOTAL SEATS = 370 CHAIRS TOTAL SEAT DEGREASE - 44 TOTAL DEGREASED INDOOR - 28 TOTAL DEGREASED OUTDOOR - lb PREVIOUS MAX 000PANCY - 414 HEW MAX OCCUPANCY - 3T7 PROPOSED OCCUPANCY - 310 517E DATA 51JMMARY CHART EXISTING ZONING C-C LAND USE DESIGNATION (LUD) COMMUNITY COMMERCIAL OR055 ACREAGE 2.503 ACRES 100,311 5F NET ACREAGE 2.305 ACRES -- — --_ 100,311 5F LANDSGAPE OPEN 5PACE: 31b31 50. FT. (3I3%) IMPERVIOUS SPACE b8b8O 50. FT. (b85%) BUILDING AREA (UNCHANGED) 10,564 5F PROPOSED OCCUPANCY 3i0 066UPANT5 REQUIRED PARKING: RESTAURANT (2-14) 91 5PAGE5 OUTDOOR (%) 32 SPACES PROVIDED PARKING SPACES STANDARD 155 TOTAL REQUIRED (123) TOTTAALIGAP 138 III DIMENSIONAL CONTROL SITE PLAN} e6ALe. i•�0'-,• G i� NORTH O 5 15 50 A. LOT: 3R, BLOCK: I CASE NAME: FERRARIS ITALIAN VILLA TOME CENTER ADDITION NO. 2 CASE CITY OF 5RAPEVINE LOCATION: LOT: 3R, BLOCK:[ TARRANT COUNTY, TEXAS TOWNE CENTER ADDITION NO.2 — 1200 WILLIAM D. TATE AVE. M vT W (Q— MAYOR SECRETARY DATE: -((� PLANNIN6 AND ZONIN5 COMMISSION �. �uI CHAIRMAN U—III� LL— DATE: SHEET: I OF: 3 GHWT APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES 11 Or 5 SH 0 N EXISTING %" AFF W.I. EX15nN6 51' AFF WOM EXISTING WOOD EXISTIN S 6' TAI WOOD LATHE EXI5nN6 WOOD LATTICE NORTH ELEVATION SOAIa Vb%IW WEST ELEVATION SC^a us'.IW ll! � I � 0� 01� o 5 15 50 JU- - - F�►► 46 36' AFF W.I. HANDRAIL STUCCO CALCULATION: 1,321 50. FT. EXTERIOR STUCCO Z STUCCO 15 EQUAL TO 100% OF TOTAL MASONRY 4,kt BREA N& AREA/ARBOR &LASS 50. FT. _ -I57 50. FT. BREWING AREA OCCUPANCY - I PER50N PER 200 50. FT. 596/200 = 5 TOTAL CASE NAME: FERRARI'S ITALIAN VILLA O CASE NJ43M ��— LOGATION: LOT: 5R BLOCK:I TOWNE CENTER ADDITION NO. 2 WILLIAM D. TATE AVE. MAYOR 5EGRETARY " + — DATE: PLANNIN6 AND ZONING COMM155ION i CHAIRMAN_ DATE: t SHEET: 2 OF: 3 /H WT APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES 9 8F i EXIT EYtTdR N6 I _ I� I I— ,q I ENTRY ----- ---- ----- _ O �R_ li a 6 a ��✓r � 1i( jC� -------- ®-------- - EXIT k i' �4qP u u 4 1 �- �\ 4P 4f � i o�� 4 41 .- — � �W 4 - -_--__ d 71 - Z - - oo W 1 I �2 V V -'f✓v� 8 Ir Imo_=_____--__ II II ® 1 14 i R O 0 V t1 �J o " 2 ❑ — L I O I I FIX 1 I EXIT 11 II II II SE� I IV6 PIE�eoLAsl iilIl ii PEReoL� l iilIl _ � I I T T I —I I 1 44f=1--1=-t=tSfY `tYt=�J—� II O ® FIRE W 11 W I 3Els 2 -------------------------------------------� I, 1 I I I l na) liell r _ as tito o° wo'-a WALL SECTION W" W-1W FLOOR PLAN SI MV.IW WALL SECTION waa W-lw BREWING EQUIPMENT #I - i BARREL FERMENTATION VE55EL #2 - I BARREL FERMENTATION VE55FL #3 -'1 BARREL FERMENTATION VESSEL #4 - 3 BARREL MA5H TUN M5 - 3 BARREL KETTLE Wi - I —BARREL HOT LIQUOR TANK #T - ? BARREL COLD LIQUOR TANK #b - T BARREL BRIM - ®Ek5TINS 5PEAKEWMONITOR LOCATIONS I.. 9z U F M _ n v X t!� O p�p .N-i to >ul cv— I" 0 .:1-- SEATINC6 COUNTING CHART O INDOOR 5EAT5 = 274 CHAIRS (WOOD W/ CUSHION OUTDOOR 5EAT5 = 96 CHAIRS (WROUGHT IRON TOTAL SEATS = 3T0 CHAIRS X DATE: SHEET: 3 OF: 3 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCE-5 DEPARTMENT OF DEVELOPMENT 5ERVICE5 z Q V