HomeMy WebLinkAboutORD 2022-013 ORDINANCE NO. 2022-013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU22-08 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN OF CU14-11 (ORDINANCE NO. 2014-21)
SPECIFICALLY TO EXPAND THE EXISTING RESTAURANT
TO ALLOW THE POSSESSION, STORAGE, RETAIL SALES,
ON-AND -OFF PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER, WINE,AND MIXED BEVERAGES)AND
OUTSIDE DINING IN CONJUNCTION WITH A RESTAURANT
IN A DISTRICT ZONED"MXU"MIXED USE 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 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. 2022-013 2
Section 1. That the City does hereby issue a conditional use permit in
E 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 CU22-08 to amend the previously approved site plan of
CU14-11 (Ordinance No. 2014-21) specifically to expand the restaurant 1,344 sq. ft to
allow for the possession, storage, retail sales, and on- and off-premise consumption of
alcoholic beverages (beer, wine and mixed beverages) and outside dining in conjunction
with a restaurant (Mac's—An American Grill) in a district zoned "MXU" Mixed Use District
within the following described property: Lot 1, Block 1, Hasten Addition (909 South Main
Street, #110) 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 Additional full service restaurant uses are not permitted on the subject property
with the exception of coffee shops, bakeries, sandwich shops, and wine tasting rooms
which shall require approval of a conditional use permit in accordance with Section 48
Conditional Uses and that the restaurant not to be open past midnight.
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
Ordinance No. 2022-013 3
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
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 15th day of February, 2022.
APPROVED:
William D. Tate
Mayor
ATTEST: c�
ttAtaitY
Tara Brooks ;y
City Secretary
APPROVED AS TO FORM: \'
^ , 0). 2
Matthew C.G. Boyle
City Attorney
L
Ordinance No. 2022-013 4
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EXISTING SITE DATA TABLE -�\
DESCRIPTION STORIES MAX HT AVG UNIT UNIT MIX RETAIL COMMERCIAL RESIDENTIAL
SIZE +NON-RESIDENTIAL UNITS A T E L I E R
11 BDRM 2 BDRM S F
1 BUILDINGA 3 SS FT 1.045 SF 2 14 10,300 16 AI.QulxTANI. aA
2 BUILDING 3 55 FT 1045 SF 0 16 9,900 16
3 BUILDING C 4 66 FT 1,045 SF 142 77 0 219 -
LEASINGOFFICE+ t •----_-_.,.-..,..__.._�- -
RECREATION CENTERtrtr
4 PARKING GARAGE 56 FT 4100 _ �7J°p0/4v�'
(5 LEVEL)
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TOTAL - - - - 144 107 24,300 251 E4 -
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PARKING COUNT - - - - - - - - _-- - •`12 /ee10� �`4
TOTALPARKING SITE 602 SPACES
GARAGE 510 SPACES _ ,�SattcSQr
SURFACELOT 92SPACES f
ON -STREET 19 SPACES F 12-17-21
TOTAL REQUIRED 4% SPACES
RETAIL PARKING SITE INFORMATION U
_ - _--- - --_ -_ -- - -
MAIN STREET 12 SPACES 'ZONING (MXU) MIXEDD C USE DISTRICT -
SURFACE LOT 62 SPACES LOT AREA 240,047 SF '
GARAGE 66 SPACES LOT COVERAGE 145,071 SF (BUILDINGS & C-Z
TOTAL 140 SPACES (1 SPACE PER 145 SF) STRUC1URES-6043%1 Z3 — In
RESIDENTIAL PARKING OPEN SPACE 65, 160 SF (SEE BREAKDOWN) O` QQ O 3
_ _ 1 PLAZA AREA BETWEEN 2 RETAIL G Cfl
NA STREET 7SPACES BUILDINGS 9,350 SF 0 fy ti
SURFACE LOT 30 SPACES (COMPACT) 2 POOL COURTYARD WITHIN RESIDENTIAL C Z O X
GARAGE 444 SPACES BUILDING 17,350 SF O C r
TOTAL 481 SPACES (1 9 SPACES PER UNITI 3 OTHER OPEN AREAS (LAWN, GRASS L
3 CO0 79 SPACES PER UNIT NOT COUNTING COMPACT SPACES) AREAS, PLANTING BUFFERS, SIDEWALKS)
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PROPERTY OWNER - OCCUPANT LOAD DATA �rMj (D
18G GRAPEVINE LLC RESTAURANT/BAR EXPANSION I _ -0 CIDFlo200 E RANDOLPH ST, SUITE 4400 BUILDING A, SUITE 110 `n
S1 �4 CHICAGO IL60601 ASSEMBLY GROUP A-2, SPRINKLERED v
S CONTACT TY SPEARLING - -- - - "
PHONE 312-228-2466 3,756 SF = TOTAL EXISTING SUITE A 110
tt 1,344 SF = TOTAL EXPANSION AREA CD
SAY -i RESTAURANT/BAR TENANT 5100 SF= PROPOSEOTOTAL SUITEA110 r
LOAD
R.WARD RESTAURANT GROUP, INC USE SQUARE FT LOAD FACTOR,
do. MACS ON MAIN COMMERCIAL 1$04 200 8 3 g -
1133 AIRLINE DRIVE SUITE 1202 KITCHEN/BAR
GRAPEVINE TX76051 _-- -- -
CONTACT RENAFROST INDOOR DINING 2,372 15 133 i O Lp
PHONE 817A54-0157 ---- - - - - - F- e
EMAIL i f t@y hoo com TOILETS 348 0 0 Lu r
ARCHITECT & INTERIOR DESIGNER STORAGE 1 876 300 3 ca Z Lu Lu U)
JQAQ ATELIER - -- - -- - --_--INDOO--- 5,100 _-_-- - - 144 G O
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PHONE 214-215-7474 - - ? Z z <'^ W
'r EMAIL qu to s5-7474 all com TOTAL OCCUPANT 420 N/A 1 O Z Z_ - F'
227NSHORE DRIVE
CONTACT ALICIA QUINTANS,AIA DINING OR Q Q Q
NT LOAD U) n- V Z
`• (EXCLUDING OUTDOOR DINING) 144 0 X Z `
- - - - INDEX. OF DRAWINGS � J g
ARCHITECTURAL O% m
Al DO COVER SHEET/SITE PLAN/PROJECT DATA 'n
- - -- Al Ot ENLARGED FLOOR PLAN SUITE 110+EXPANSION
A201 BUILDINGA EXTERIOR ELEVATIONS
-_ -- - - CONDITIONAL USE REQUEST NOTES
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S� ssQUTt� : - REVISIONS 4 I
01-31-22
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IN CONFLICT WITH ANY CODES OR 12-17-21
ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES sHEEr No
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EXISTING RESTAURANT = 3,756 SF
EXPANSION SPACE + 1,344 SF
TOTAL AREA = 5,100 SF
INDOOR DINING = 90 (EXISTING)
11 BAR (EXISTING
+ 32 SEATS (EXPANSION)
TOTAL INDOOR DINING = 133 SEATS
OUTDOOR DINING = 20 SEATS
BUILDING'A'
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LOCATION 909 SOUTH MAIN ST, #110
RENSIIXiS
01-31-22
MAYOR SECRETARY
A
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PLANNING AND ZONING COMMISSION
CHAIRMAN
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DATE
IscAEE 6"=l
SHEET 2 OF 3
jPROJECT -
14-04
APP RC JAL DOES NOT A., T HG R IZE: ANY Vit)RK
IN CONFLICT WITH ANY CODES OR
ORDINANCES
12-17-21
DEARTMEN'7 OF DEVELOPMENT SERVICES
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BUILDING'A'
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PROPOSED
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MAC'S ON MAIN
RESTAURANT
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REMOVESX.00. EXISTING EXISOW R INGMAINEAF
soaEFRCT ocoR wlNDows wrloows wrvcw�s E - 1
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RESTIZR I O,I5T'NGRESTCUR SUITEE11C
909 S MAIN -BUILDING A, SUITE 110 -WEST ELEVATION (SOUTH MAIN STREET VIEW)
SCALE 1" = 10'-T
WINOOVtS - IXIS�INGK Y STCREFPVV .-.,_,..._
1 WINDOWS WINDOWS ITCHEN EPRIEX�T RN/NDOW
REMOISTOREFP01( DOOR ERAN'DOOR
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EXISTING RERTA:. STA
�-- - - -- - --- 0.URANi-SURE 110 - - �- - - ---- ----RESTAURA1n 'r
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3 909 S MAIN -BUILDING A, SUITE 110 -EAST ELEVATION (REAR OF BUILDING)
- SCALE 1" = 10'-0"
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CASE NAME MAC'S ON MAIN EXPANSION
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CASE NUMBER CU22-08
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LOCATION 909 SOUTH MAIN ST, #110
REVISIIXJS
01-31-22
MAYOR SECRETARY
DATE
PLANNING AND ZONING COMMISSION
y
CHAIRMAN
SCAB AS NOTED
DATE
a _
SHEET 3 OF
P—ECTZ
14-04
APPRC% AL :DOES NOT ALTH DRIZE ANY WORK
21
IN CONFLICT WITH ANY CODES OR
ORDINANCES
GA'E
12-17-21
xsREErt
DEPARTMEN- OF DEVELOPMENT SERVICES