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Home My WebLink AboutORD 2021-031 ORDINANCE NO. 2021-031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS, ISSUING CONDITIONAL USE PERMIT CU21-10 TO ALLOW FOR THE POSSESSION STORAGE, RETAIL SALE AND ON- AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES AVAILABLE AS A MIX-IN FOR FROZEN DESSERTS IN CONJUNCTION WITH AN ICE CREAM SHOP IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT FOR N1/2 OF LOT 2 AND S23' 3, BLOCK 18, CITY OF GRAPEVINE (419 SOUTH MAIN STREET) 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 111 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Ordinance No. 2021-031 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 No. CU21-10 to allow the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverage available as a mix-in for frozen desserts in conjunction with an ice cream shop (Buzzed Bull Creamery) in a district zoned "CBD"Central Business Districts within the following described property: N1/2 of Lot 2 and S23' 3, Block 18, City of Grapevine (419 South Main Street) 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 safety 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. 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 Ordinance No. 2021-031 3 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 20th day of July, 2021. APPROVED: William . Tate Mayor ATTEST: :%�F GRAPF`'2 Tara Brooks 'y'‘ ,.n City Secretary '� `� ,' APPROVED AS TO FORM: Matth w C. G. Boyle City Attorney Ordinance No. 2021-031 4 GENERAL NOTES I . Occupant Load a) Seating: Sq Ft = 487 Occupants = 32 b) Kitchen: Sq Ft = 388 Occupants = 2 c) Office: Sq Ft = 209 Occupants = 2 Occupant Total = 36 Required Parking = 12 KEY PLAN —Main Entrance E LU ! UU of it Z 4�,,4CENT NOIR7r ZONING - C5D Ll J jr E SEATING - --- --- Li L21 El L_J SEATING SALES KITCHEN OFFICE (ALCOHOL STORAGE) F1 _1L___JUrJ J r'L-Jar cl ADJACENT 60JTH ZONING - G5D N CT DIMENSIONAL CONTROL SITE PLAN SCALE: NTS VICINITY MAP Premise- Buzzed Bull Creamery 1,615 s.f. SITE AREA PARKING MAP PUBLIC P F WORTH ST I W. WORTH ST in z IS c 1 SITE E FRANKLIN ST I- NG W148— '04 W FRANKI IILST 0fop 4 SCALE: NTS PARKING SUMMARY PRIMARY PUBLIC PARKING WITHIN5D0F`[OF THIS SITE (FOR USE OF ALL CENTRAL BUSNIESS DISTRICT BUSINESSES) EAST FRANKLIN STREET LOT - 64 SPACES WEST FRANKLIN STREET LOT - 52 SPACES EAST WORTH STREET LOT - 32 SPACES JENKI NIS STREET LOT - 48SPACES "THE VINE" LOT - 89 SPACES TOTAL SPACES - 285 SPACES OTHER TRANSIT OPTIONS: GRAPEVINE SHUTTLE PEDESTRAN TRAFFIC RESTROOM � Q_J UTILITY RESTRCOM it I 1. Conditional use request CU21-10 is a request to allow the possesion, storage, retail sale, and on -and of premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with an ice cream shop. 2. The entire site is the premises 3. Texas Alcoholic Beverage Commission permits 4. Mixed Beverage Permit (MB) 5. Consumer Delivery Permit (CD) CASE NAME Butted Bull Creamery CASE NUMBER CU21-10 LOCATION 419 S Main St., GnIp—ne, TX 76051 MAYOR SECRETARY DATE PLANNING AND ZONING COMMISSION CHAIRMAN DATE SHEET APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODESOR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES SEAL CT 0, ARCH]-ECT PSA ARCHITECTS 9392 Montgomery Road Cincinnati, Ohio 45242 Phone: 513-984-4000 CONTRACTOR JEC- 419 S. MAIN STREET BLK 18 Nl /2 2-23'2 GRAPEVINE, TX 76051 COPYRIGHT PSA ARCHI'EC-,S IE2021 REVISIONS DIMENSIONAL CONTROL SITE PLAN ZONING DATE: 07-02-2021 SCALE: AS NOTED PROJECT: JOB # " SHEET Z_ 10