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Home My WebLink AboutORD 2013-020ORDINANCE NO. 2013 -20 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 CU13 -08 FOR OUTSIDE SEATING AND FLAG POLES IN A DISTRICT ZONED "SP" SITE PLAN 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 I 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 viewto 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: ORD. NO. 2013 -20 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 CU13 -08 to allow outside seating and two 20 -foot flag poles (Grapevine Antique Market) in a district zoned "SP" Site Plan District within the following described property: Lots 1 and 2, Block 1, Northwest Plaza Addition (1641 and 1649 West Northwest Highway) 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: Approve the outside seating and 20 -foot flag poles and deny the outside display and sales of merchandise. 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. 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 ORD. NO. 2013 -20 3 not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of May, 2013. Ulu* � William D. Tate Mayor ATTEST: Jodi Brown City ecretary v� John F. Boyle, Jr. City Attorney ORD. NO. 2013 -20 4 im ras I�+A 1 NORTHWEST HIGHWAY (S.H. NO. 114) _I _j , +t N�89D49'00 "E 585.80' •a } 1 446.8' r-tO` SWARY SMER r$0, -= �IIIIIII�Y J CE M AIM EEANOE E103111G POLE 90N E118A10 MA L ON 26' FIRE 00SMG ZONM R -7.5 w6. ON 111E ft W LANE t Ulm CMN --\ 297.4• - BUILDING "B" KA L'S OEPARIIFNT STONE POM - (19A00 SP.) ti CU 13 -08 to approve the outside seating and 20 ft flag poles and deny the outside display and sales of merchandise y�11 Fr „ I I I I I I I I I pn� • , �,�, - n S1) GENERAL DATA: I F APP KMP 9 � a I 10 I. cQ C.dAYNO ♦ t ♦ t , � 24 SWWLLAQE 7 4 + �11RCP1ETL SE►L,IORS (214 I ( BUILDING A HC 6 — I - OW STORY I F' — GMOPY I 7Qj ASONRY 1 + + j tO +P.0"a .ti:. flow - ( Cd _ M, M FENS. C40w IFDPTALRANT rac + ("WO SF.) (4.708 V4 1 a pNp o SF) � ' ♦ t I- k N� +- ♦ & NC HO f /� At40RE MAN RESTAURANT 5 1' CANOPY ' - I I 4 I I♦ a I 7 I PAMM NAI ARIOIG SPACES � oEAnFaD PART NC SPAM I 10E1111FED 3 DOLLAR QXRM. 1UESDAY LOW I I PM - (4000 S.F.) 0103 - (6.900 S.F.) - O'BmC I PRO'IPo1SbN I L I (WBAWK PW - 11.400 B./.) I 01 I I I .6.i 1 49.17 b ADCTIOH 3 26' FIRE 00SMG ZONM R -7.5 w6. ON 111E ft W LANE t Ulm CMN --\ 297.4• - BUILDING "B" KA L'S OEPARIIFNT STONE POM - (19A00 SP.) ti CU 13 -08 to approve the outside seating and 20 ft flag poles and deny the outside display and sales of merchandise rn _ + I IT-/ -+ _ r� I I 30 424'424' PROJECT I A - SEE #SPI.2 I I 1 ♦t I I I t7 PASSION LIO NTNG I P$Q - (0.300 S.F.) .4.6. I S89024'00 "W 591.30' 4 I : MNOGS ATTIC Paz - (6.816 S/.) y�11 Fr „ I I I I I I I I I pn� GENERAL DATA: I F APP KMP 9 9RAPME ANTIQUE MUM cQ C.dAYNO ♦ y 75206 f,QQ -748 . PROT SWWLLAQE 7 4 (214 1 I HC 6 — F' — GMOPY I 7Qj ar 48.4 FENS. C40w IFDPTALRANT rac + (4.708 V4 At40RE MAN RESTAURANT P606 - 0AW 6.r.) ' - F I 01011 (1 I I `P`8015 1 L I (WBAWK PW - 11.400 B./.) W 8 YNUIII PRIM Pa19 - (1,400 U.) iI YACW SPACE It L r823 - (I;i V.) R PROT 1- I Pa29 =4W S►.) I b I OHLOOK POIFORIING -0$300 rn _ + I IT-/ -+ _ r� I I 30 424'424' PROJECT I A - SEE #SPI.2 I I 1 ♦t I I I t7 PASSION LIO NTNG I P$Q - (0.300 S.F.) .4.6. I S89024'00 "W 591.30' 4 I : MNOGS ATTIC Paz - (6.816 S/.) PROPERTY ova INTERPRCPEW NORIMY W LLC AYR. C. JAY HO 25 H04LAIM PARK MACE j100 -748 CALLAS, TD(AS 76205 (21b 3 kaYho19000grnd1.Omn ARCH�E67k [[SUN CAST p�T INC. 1728 E SIXIIHLA a BLW.. 5W1'E #t00 SOUTrLAW, TE)M 76082 (at 424 -4277 e+ a21-7+n FAK E- .+ FW�eOwrhOn.n�t SITE DATA: Elam Z0111R SP W/ CC DWRIC` AILCMYBLE US= LOCAIM 1641 WEST NORTIOW HO WAY (ORAPENNE ANTIQUE MARIO am DESOMPIgN: 1.017 t. B1.QCK t NCRTHWL'8T Lim ADORION LOCAMN: INS WEST MW WEST 141"AY (PASBKIN LWITWO) LEGAL DESORP11016 LQT 2 BLOCK 1 NORTHWEST PLAZA AM" MAIML I=1 / am I . NM S.F. "A*" LOT 2 / am 1 . 242.&'% R e (LM ACES) VIAL AREA - 347,220.7 G.F. (7.87 ACRES) 212MAK $ FADING 'A' . 13.800 S.P. ram V . 43,777 &F. VADING V TOTAL MIX M EA . 113.151 S.F. WT I & 2 / 8t. 1: - 487 EIMCFA V L @ C ADDITIONAL VAM IOERIFI D: - 16 SPACES IJJ PROPOSED E"ATION: • e MAL 811E PART= PR0IADFD: . 814 SPACES 011110011 SEAIM MAY 0 6 A413 13 PROPOSED TAM a PROPOSED SEAT" . 24 O PROPOSED IMPROVEINfENT AREA: 0 1NE HIOP080 MitO)EIFIIT ARG t>ONM GF Ermw OUTDOOR FOR �11M10 Q AM I= SEIME USE AND PROMM FOR W=OR FENCED Q�64lL.t . -.y. - -- SMES OF MUIC1AIl01DE W AN VW TO CRETE A 001NAT10N 101NE. DMN0 WAPEME AMME MARHET. d '001 58.60' ox I ORAPEWE UNITY I AL-ANN 0631- (Z.ODO SF.) I_ tb r X5' 9 DESINIO PAI,ldNG SPACES TO BE 111MATM PROPOSED SITE 1 8410ma7s BY D M BUILDING "C" ONE STORY MASONRY BUILUNG N 2.28 ACRES j BLOCK 1 ♦* `° "s o LOT 1 0 - VA-D IE M=x 4 y YARKET P641 - (27.550 SF) PP SPACES ' »r • 205.0' 4 DOSTNG Z MN* R -7.3 1 1 AIIt VICINITY MAP xaLe N.T.S. GWHIC SCALE Q 30 80 90 120 FEET YAK OVA" 0 SITE PLAN sma 1" . 80'-9' NORTH EXHIBIT TO 040 �2Ol3,ao ' PROJECT DATA SUMMARY: P Page _I of 3 F GENERAL DATA: F APP KMP 9 9RAPME ANTIQUE MUM cQ C.dAYNO 75206 f,QQ -748 . . SWWLLAQE 7 (214 '001 58.60' ox I ORAPEWE UNITY I AL-ANN 0631- (Z.ODO SF.) I_ tb r X5' 9 DESINIO PAI,ldNG SPACES TO BE 111MATM PROPOSED SITE 1 8410ma7s BY D M BUILDING "C" ONE STORY MASONRY BUILUNG N 2.28 ACRES j BLOCK 1 ♦* `° "s o LOT 1 0 - VA-D IE M=x 4 y YARKET P641 - (27.550 SF) PP SPACES ' »r • 205.0' 4 DOSTNG Z MN* R -7.3 1 1 AIIt VICINITY MAP xaLe N.T.S. GWHIC SCALE Q 30 80 90 120 FEET YAK OVA" 0 SITE PLAN sma 1" . 80'-9' NORTH 205.0' 4 DOSTNG Z MN* R -7.3 1 1 AIIt VICINITY MAP xaLe N.T.S. GWHIC SCALE Q 30 80 90 120 FEET YAK OVA" 0 SITE PLAN sma 1" . 80'-9' NORTH — — IN DbIING LARGE OAK TREE TO REMA O �,o,o,a, - --------------- -,q PROPOSED a' HIGH I ENSTNG WROUGHT NON I CANOPY FENCE a GATE —%� — ONE STORY MASONRY BUILDING flXIm PASSION IKINTMNi a' wGH a' LNN2N FENCE lE — 424' I � I I I 7I I 1 1 ANWAPE I I ISLAND w/ I PROPO�D BANNER I I ' PROPOSED OPEN ' _ PROPOSED I 100 41 I RISFAM I T -, :M. . 6� A -Z QOSTNO ANGELS ATTIC /1836 - (SAO S.F.) EXISTING GRAPEVINE UNITY AL -ANON #IWO - (2.000 SF.) '�: `�� P PROPOSED OUTDOOR II r ., :��jjj . I I I A MEAL PERGOLA i it BUILDING licit rscc O _ B ONE STORY MASONRY BUIUMG 14-8 r WAD A+ B I 1 RAMP I ENTRY/�T 17 I I DOSIINO GRAPEVINE ANTIQUE MARKET STING VE I ii j1641 - (27660 SF.) I tqd PP (Q Iwww=- I I � I a' Ixai Iii SIDEWALK AREA I b I 88.8' 424' I E70STN0 caN- I f ---�— SIDEWALK AREA I RSA1A LANDSCAPE / ISLAND / OAK , REMAIN ----------- - --- GRAPHIC SCALE 01 ENLARGED SITE PLAN 0 10 20 30 40 FIEET SCALE* P ta-O• NDIInN S r GENERAL NOTES: D NEW DECORATIVE 'TREES ��• TREE FROM dTY APPROVED E LIST D TABLES a CINARS AST ASSEMBLY PATIO TABLE S WITH ACCENT ROUND SHADE - COLOR a S SELECTED BY OWNER W OUTDOOR SOUND SYSTEM O OUTDOOR SPEAKERS/ U SE FOR OUTDOOR SEATING AREA EXH181T I} TO DR • o1Q page ;L of 02 PROPOSED BANNER POLE DETAIL M1 - 4-:=z. 'am AIEA ow Sim 0# AS Sam= NY 00 SNDIIE row sawn 1ROUG RICE AV- 03 PATIO PILASTER/LIGHT DETAIL scAC: 1/f - I'-w CU 13-08 to approve the outside seating and 20 ft flag poles and deny the outside display and sales of merchandise .REVISION 0 Z H O Q � U � _ CL CL w w ~ ai aHo Z U rn Qc��o O Z W o� U w Z_ C7 � U FA NAL USE REQUEST 3 CU13 -m S A REAUFST TO ALLOW ORSIX �* ON3 W AN EACi1N0 WLA-MW WTAL 1♦ OF 00 -4W-13 DATE DATE S#ET 2 OF 3 APPROVAL ND C pWC CONFLICT WITH OM OR DwARrAw or DMV6fAPAQOS' E"1 c e OVii • Y F y�y V v ' C ■ i viw u ;Jill • r e ql A� Dote: 05 -02 -13 D,,- By, SCE Pmi.d No.:13010 -02 Shod SP 1.2 S r GENERAL NOTES: D NEW DECORATIVE 'TREES ��• TREE FROM dTY APPROVED E LIST D TABLES a CINARS AST ASSEMBLY PATIO TABLE S WITH ACCENT ROUND SHADE - COLOR a S SELECTED BY OWNER W OUTDOOR SOUND SYSTEM O OUTDOOR SPEAKERS/ U SE FOR OUTDOOR SEATING AREA EXH181T I} TO DR • o1Q page ;L of 02 PROPOSED BANNER POLE DETAIL M1 - 4-:=z. 'am AIEA ow Sim 0# AS Sam= NY 00 SNDIIE row sawn 1ROUG RICE AV- 03 PATIO PILASTER/LIGHT DETAIL scAC: 1/f - I'-w CU 13-08 to approve the outside seating and 20 ft flag poles and deny the outside display and sales of merchandise .REVISION 0 Z H O Q � U � _ CL CL w w ~ ai aHo Z U rn Qc��o O Z W o� U w Z_ C7 � U FA NAL USE REQUEST 3 CU13 -m S A REAUFST TO ALLOW ORSIX �* ON3 W AN EACi1N0 WLA-MW WTAL 1♦ OF 00 -4W-13 DATE DATE S#ET 2 OF 3 APPROVAL ND C pWC CONFLICT WITH OM OR DwARrAw or DMV6fAPAQOS' E"1 c e OVii • Y F y�y V v ' C ■ i viw u ;Jill • r e ql A� Dote: 05 -02 -13 D,,- By, SCE Pmi.d No.:13010 -02 Shod SP 1.2 D M Farm EXISTING ROG. 'B' PASSION LIGHTING LEASE AREA #1649 "M 03 BLDG. 'B' & 'C' (NORTH) ELEVATION 90Alc T/V • 1r-r 01 BLDG. 'C' (WEST) ELEVATION SCALE. 1/Ow . 1•—r EXHIBIT R TO O& ac Page _3 of CU 13-08 to approve the outside seating and 20 ft flag poles and deny the outside display and sales of merchandise CONDITIONAL USE REQUEST OSEOANOIO14L USE RaS 3ro a RGUS ro Kiw W� 1 AM COMM RNVA44 m N E0 ww-mwr OVAL WS SHOPPM cam CASE NAME GRAPEVINE ANTIQUE MARKET CASE NUMBER: jU3—ee LOCA NORRrHWE'Sr PLAZA ADM" MY 1641 & °F"9 W. Nw.HWY. M > DATE PLUOMM t ZONWG COMMOSMOR avrsrut DATE SHEEP 3 OF 3 APPROVAL DOES Nor ALIT OMM ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES RQEVIS10N r O O O rr Z o (yy J = W a= W�0 CL z z N Q W� v f0 W z C7 W a. c7 42`- ,• N OF tom" oa -w-13 O w C Y h • R Ri U '� A �) Ur Data: os -oz -la Drawn Bv� SCE P oiwt N- 1301D -02 Shoat SP1.3