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HomeMy WebLinkAboutItem 02 - CU11-08 GG's Wine RoomITE /Z TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: MAY 17, 2011 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU11 -08, GG'S WINE ROOM r, !t APPLICANT: Ganga Thapa PROPERTY LOCATION AND SIZE: The subject property is located at 3000 Grapevine Mills Parkway #401 and is platted as Lot 1 R3, Block 1, Grapevine Mills Addition, Phase 1. The site contains 136.92 acres and has approximately 2,338 feet of frontage along State Highway 26 and 1,834 feet of frontage along Grapevine Mills Parkway (F.M. 2499). REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the approved site plan of CU10 -25A (Ord. 11 -02) fora planned commercial center in excess of 1.000.000 sauare feet of ross leasable area specifically to allow the possession, storage, retail sale and on and off - premise consumption of alcoholic beverages (wine only) in coniunction with a wine tasting room. The applicant proposes to use the lease space for retail sales, on and off - premise consumption and storage of wine. Conversion of the 1,427 square foot lease space will yield 979 square feet of retail space including seating for eight patrons and display areas for wine, cigars and other accessories. PRESENT ZONING AND USE: 1ZCU1CU11 -48.4 1 May 11, 2011 (12:52PM) Commercial Center in excess of 1,000,000 square feet of gross leasable space designation. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property were rezoned in the 1984 City Rezoning from 1 -1 ", Light Industrial to "HCO ", Hotel /Corporate Office and "PID ", Planned Industrial Development. The subject property was rezoned (Z95 -13) to "CC ", Community Commercial on October 17, 1995. The subject property was granted a Conditional Use Permit CU95 -36 for development of a planned commercial center in excess of 1,000,000 square feet of gross leasable area and conditional use pole signs. The public entryway features were approved as an addenda (ADD96 -01) to CU95 -36 by Resolution 96 -34. Conditional Use Permit CU96 -26 (Ordinance 96 -79) revised the site layout, the ring road configuration and access to residential properties to the west. Conditional Use Permits CU97 -05 and CU97 -06 (Ordinance 97-09,97-11) allowed alcoholic beverage sales (Sega Gameworks) and amended the site layout. Special Use Permit SU97 -04 (Ordinance 97- 10) allowed skill- oriented games in excess of eight (8) machines and two (2) billiard tables. CU97 -13 (Ordinance 97 -28) allowed for alcoholic beverage sales in conjunction with a restaurant (The American Wilderness Experience). CU97 -18 (Ordinance 97 -40) also allowed for alcoholic beverage sales in conjunction with a restaurant (Rainforest Cafe). CU97 -29 (Ordinance 97 -55) was approved by Council at the June 3, 1997 joint public hearing which allowed for signage for the entire Grapevine Mills Mall project including the outparcel areas. CU97 -29 was later modified at the July 1, 1997 joint public hearing to provide for an 80 foot entertainment globe (Ordinance 97 -61). CU97 -25 (Ordinance 97 -57) was approved at the June 17, 1997 joint public hearing and allowed for alcoholic beverage sales in conjunction with a restaurant (Tres Hombres) located in the outparcel area. CU97 - 36 (Ordinance 97 -72) amended the site layout for the development of a retail use in the outparcel area (Michael's). CU97 -42 (Ordinance 97 -92) was approved at the August 19, 1997 joint public hearing and allowed the development of a retail tire store (Discount Tire) in the outparcel area. At the November 18, 1997 joint public hearing, a 38.255 acre Phase 2 development was incorporated into the overall Grapevine Mills Planned Commercial Center located to the southeast of the Mall proper across State Highway 26 and bordered also by the southbound service road of State Highway No. 121 and Bass Pro Drive (Bethel Road). Z97 -22 (Ordinance 97 -125) rezoned 11.825 acres from "PCD" Planned Commerce Development District and 26.43 acres from "HCO" Hotel /Corporate Office District to "CC" Community Commercial District for the development of Bass Pro Shops Outdoor World and Embassy Suites Hotel. CU97 -60 (Ordinance 97 -126) and CU97 -61 (Ordinance 97- 127) incorporated Bass Pro Shops Outdoor World and Embassy Suites Hotel into the Grapevine Mills Planned Commercial Center and also allowed foron - premise consumption of alcoholic beverages and seven 40 foot pole signs. The November 18,1997 joint public hearing also established CU97 -62 (Ordinance 97 -128) Rooms To Go, a 39,870 square foot retail furniture store; CU97 -63 (Ordinance 97 -129) Chick- Fil -A, a 3,822 square foot restaurant; and CU97 -64 (Ordinance 97 -130) which allowed foroff- premise consumption of %ZCUICU11 -08.4 2 May 8,2011 (9:08PM) alcoholic beverages (wine only) for a lease space within the Mall proper. CU97 -68 (Ordinance 97 -147) was approved at the December 16, 1997 joint public hearing which allowed the development of a 3,855 square foot heath care facility (Primacare) in the Phase 1, outparcel area. CU97 -75 (Ord. 98 -10) was approved at the January 20, 1998 joint public hearing which amended the signage plan for wall signage associated with outparcel tenants. CU97.76 (Ord. 98 -11) was also approved at the January 20, 1998 joint public hearing which approved a 10,095 square foot restaurant ( Cozymel's) in the Phase 1, outparcel area. CU98 -03 (Ordinance 98 -17) was approved at the February 3, 1998 joint public hearing, which approved an amended floor plan for Dick Clark's American Bandstand restaurant. CU98 -07 (Ord. 98 -40) allowed for on- premise consumption of alcoholic beverages in conjunction with a restaurant (Corner Bakery). CU98 -21 (Ord. 98- 74) was approved at the June 16, 1998 joint public hearing which amended the floor plan for American Wilderness. Also approved with this request was a request by the Mills Corporation to extend to January 15, 1999 the temporary parking areas at Anchor Pads A and B. At the September 15, 1998 joint public hearing CU98 -47 (Ord. 98 -116) was approved amending the floor plan for Cozymel's in the outparcel area of the Grapevine Mills Mall. CU98 -48 (Ord. 98 -117) was approved at the same public hearing and established MJ's Chop House /Mason Jar—a dual concept restaurant with alcohol beverage sales in the outparcel area. Also, CU98 -49 (Ord. 98 -118) was approved at the September 15, 1998 joint public hearing which allowed for canopy extensions over the main entrance and ticket window areas of the AMC Theater complex at Grapevine Mills. CU98 -57 (Ord. 98 -130) was approved at the October 20, 1998 which allowed for the development of a Black -Eyed Pea restaurant with alcohol beverage sales in the Phase 1, outparcel area. At the November 17, 1998 joint public hearing Council approved CU98 -59 (Ord. 98 -135) allowing alcoholic beverage sales throughout the premises for "special events" at Sega Gameworks. CU98 -63 (Ord. 98 -151) was approved at the December 15, 1998 joint public hearing which allowed for a 6 -story, 121 -room hotel (AmeriSuites) in the outparcel area. CU98 -79 (Ord. 99 -17) was approved at the February 2, 1999 joint public hearing which allowed a revision to the floor plan for Sega Gameworks. At the March 23, 1999 joint public hearing, Council approved CU99 -12 (Ord. 99 -16) which allowed for a revision to Anchor "G" specifically a reduction in square footage from 35,790 square feet to 26,500 square feet for Iguana Ameramex. Council approved at the April 20, 1999 joint public hearing CU99 -17 (Ord. 99 -61) for a restaurant in the mall proper (Jekyll and Hyde) with on- premise alcoholic beverage sales (beer, wine, and mixed drinks). CU99 -27 (Ord. 99 -83) was approved at the May 18, 1999 joint public hearing which allowed for the construction of a partial stone wall with trellis along the rear elevation for Cozymel's. At the July 20, 1999 joint public hearing, Council approved CU99 -41 (Ord. 99 -109) for a 7,189 square foot restaurant (Bennigan's) with on- premise consumption of alcoholic beverages (beer, wine, and mixed drinks) in the Phase 1, outparcel area. Council considered and approved at the November 16,1999 joint public hearing CU99 -60 (Ord. 99 -163) for a mall expansion for Anchor "A," CU99 -61 (Ord. 99 -164) an amendment to the parking layout for Rooms- To -Go, and CU99 -63 (Ord. 99 -165) a restaurantwith on- premise alcohol beverage sales (Trail Dust) in the outparcel area. CU99 -71 (Ord. 99 -178) was approved by Council at the December 7, 1999 joint public hearing and allowed for the development of a 4 -story, 105 -room hotel (Hawthorn Suites), in the Phase 1 outparcel area of the Grapevine Mills 1ZCU1CU11 -08.4 3 May 8, 2011 (8:06PM) Mall. Conditional Use Request C000 -16 (Ord. 00-43) was approved at the April 18, 2000 joint public hearing which allowed for changes the exterior elevations of Anchor "A." Special Use Request S000 -07 was approved at the June 20, 2000 joint public hearing allowing for 30 redemption /coin- operated games at the main (Texas) entrance of the Grapevine Mills Mall. Conditional Use Request C000 -21 (Ord. 00 -83) was approved August 15, 2000 and allowed for a 114 -room four story hotel immediately north of the AmeriSuites Hotel. Conditional Use Requests C000 -67 and C000 -68 were approved at the December 19, 2000 meeting and allowed for the development of a restaurant with a drive -thru window (Steak -n- Shake) and a business services /reproduction facility (Kinko's) in the outparcel area of the Grapevine Mills Mall. Conditional Use Request CU01 -38 was approved by Council on July 17, 2001 and allowed for a 32,786 square foot expansion to the mall proper at what was known as the "Texas' entrance, for a Neiman Marcus retail concept known as "Last Calla Conditional Use Request CU01 -51 and Special Use Request SU01- 07 was approved by Council at their October 16, 2001 meeting which allowed for a restaurant (Chuck -E- Cheese) with video games in excess of eight machines in the outparcel area of the Grapevine Mills Mall. A subsequent minor revision to the site plan for Neiman Marcus relative to the location of a power generator and landscape island was approved by the Site Plan Review Committee at their September 26, 2001 meeting. Conditional Use Request CU02 -17 was approved by Council at their May 21, 2002 meeting and allowed for a 20 -foot pole sign for Rainforest Cafe immediately south of Neiman Marcus "Last Call." Conditional Use Request CU02 -16 was approved at the June 18, 2002 for and expansion of the mall proper to allow for the development of an indoor and outdoor skating park (ESPN Skate Zone). At that same meeting, Conditional Use Request CU02 -21 was approved which allowed for an expansion of the alcohol consumption area to include the entire floor area within Sega Gameworks. Conditional Use Request CU02 -43 was approved at the October 15, 2002 meeting and allowed for a restaurant (Blue Goose) which modified the floor plan associated with the former Black -Eyed -Pea restaurant. Conditional Use Request CU03 -14 was approved by Council at the May 20, 2003 meeting which approved modifications for the site plan associated with the Springhill Suites hotel in the outparcel area. Council approved Conditional Use Request CU03 -19 at the July 15, 2003 meeting which allowed the development of a tunnel -based aquarium with the possession, storage, retail sale, and on- premise consumption of alcoholic beverages (beer, wine, and mixed drinks) in conjunction with a restaurant in the outparcel area of the Grapevine Mills Mall. At the December 16, 2003 meeting Council approved Conditional Use Request CU03 -43 and Special Use Request SU03 -06 to allow the possession, storage, retail sale, and on- premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant/dance club called Midnight Rodeo /Hondo's Grill and to allow the use of three pool tables. The concept was to be located in the spaces previously occupied by "Just for Feet" and comprised some 20,130 square feet; the request never moved beyond the initial planning stages. Council also approved Conditional Use Request CU03 -47 at the December 16, 2003 meeting which allowed for a restaurant (Ritz)'s) in the outparcel area of the Grapevine Mills mall. Conditional Use Request CU05 -01 was considered and approved at the January 26, 2005 Site Plan Review Committee meeting which allowed minor modifications to the exterior and interior. Conditional Use Request CU05 -08 was considered and approved at the March 15, %ZCUICUI I -08.4 4 May S, 2011 (9:06PM) 2005 meeting which allowed for on- premise alcohol beverage sales at the Chuck -E- Cheese restaurant in the outparcel area. At the same March 15, 2005 meeting Council also approved Conditional Use Request CU05 -09 to allow an approximate 8,000 square foot expansion (Children's World) near the "Tornado" entrance to the mall. At the July 25, 2006 meeting of the Site Plan Review Committee, CU06 -33 was approved to allow for the addition of 1,000 square feet of office space. At the November 7, 2006 meeting CU06 -42 (Ord. 2006- 79) was approved for a car wash service, Pronto Wash, adjacent to Neiman Marcus Last Call. At the November 21, 2006 meeting CU06 -52 (Ord. 06 -83) was approved for a 26,325 square foot retail structure located between Rooms To Go and Chuck E. Cheese in the outparcel area. At the October 21, 2008 meeting CU08 -25 (Ord. 08 -57) was approved for a restaurant (Daan Sushi) with alcoholic beverage sales between Rooms To Go and Chuck E. Cheese in the outparcel area. At the September 15, 2009 meeting CU09 -24 (Ord. 2009 -39) was approved for outside dining and outdoor speakers for live music performances in conjunction with an existing restaurant(Love and War in Texas). Council approved at the November 17, 2009 meeting a conditional use permit (CU09 -37) to allow for changes to the floor plan and building elevations, as well as adding outdoor dining, in converting the former Bennigan's restaurant to a new Applebee's restaurant. At the August 17, 2010 meeting Council approved CU 10-14 (Ord. 10-42) for the possession, storage, retail sale, and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) and outside dining in conjunction with a restaurant/movie theatre (AMC Theatre). Council approved conditional use permit CU 10 -25 (Ord. 10-70) at their December 21, 2010 meeting for a new signage package for Sea Life /Legoland at the Grapevine Mills Mall. At the January 18, 2011 meeting Council approved CU10 -32 (Ord. 11 -03) for revisions to the previously approved floor plan and elevations for the new Applebee's restaurant. Also at the January 18, 2011 meeting Council approved CU10 -25A (Ord. 11- 02) which allowed for a monument style sign with a decorative trellis and landscaping located at the northeast comer of Grapevine Mills Boulevard South and State Highway 26. The H/A Grapevine Joint Venture property to the north and northwest of Anderson - Gibson Road was rezoned in 1985 as a part of the "Terra Tract" to "R -MF -1 ", Multifamily District, "R- MF -2 ", Multifamily District, "HCO ", Hotel /Corporate Office, "LI ", Light Industrial, "CC", Community Commercial and "PID ", Planned Industrial Development. The property never developed. The same property was recently rezoned (Z95 -06); the actual zoning designations changed very little, but the deed restrictions and the letter of agreements changed a great deal. At the August 4, 1999 meeting CU99 -28 (Ord. 99 -112) was approved for the Cross Creek Apartments. Council approved at the meeting on February 21, 2006 zoning change request Z06 -02 (Ord. 06 -11) for a recently completed 39 -unit townhome development. At the November 18, 2008 meeting CU08 -31 (Ord. 2008 -65), PD08 -04 (Ord. 2008 -66) and Z08 -10 (Ord. 2008 -164) were approved for the Wagon Wheel Apartments on the site of the Cross Creek Ranch. At the November 3, 2009 meeting SU09 -06 (Ord. 2009 -48) was approved with conditions for the Chesapeake Energy site. On June 2, 2010 the Site Plan Review Committee approved SU10 -03 which proposed adding eight more wells for a total of ten to the Chesapeake Energy site. Approximately 98 acres located to the east and the north (Billingsley tracts) were recently XZCU1CU11-08.4 5 May 8, 2011 (OMPM) rezoned at the October 21, 1997 joint public hearing (Z97 -15 and Z97 -16, Ordinance 97- 117 and 97 -118 respectively) from "HCO" Hotel/Corporate Office District, "PID" Planned Industrial Development District, and "R -20" Single Family Residential to "CC" Community Commercial District and "BP" Business Park District (approximately 20 acres). SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "HCO," Hotel/Corporate Office, "R- MF -2," Multifamily & "PID," Planned Industrial Development - Cross Creek Apartments and Cross Creek Ranch SOUTH: "HCO," Hotel/Corporate Office - Hilton Hotel and Austin Ranch EAST: WEST: AIRPORT IMPACT: "CC," Community Commercial - Fellowship Church (east side of S.H. 121 North) "R -MF -2" Multifamily District — Proposed High -Rise Residential Condominium The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B, the following uses may be considered only if sound treatment is included in building design: multi family apartments, motels, office buildings, movie theaters, restaurants, personal and business services. Single family residential and sound sensitive uses such as schools and churches should avoid this zone. The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN. APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is in compliance with the Master Plan. /at 1ZWCU11-08.4 6 May 8, 2011 (9:06PM) GU ,.0 ai, as HCO>xaa 301.0 -- -L - --.... yp,�bd 4VU vmss � � ,i - I 0 .' � mw � aw +• �a R -MF -2 ,� HCO - N His m10 .. - : . . . . . . . . . . . �8 y!6 Id��'• - r r rp • _ _ _ _ _ _ m w m x. w�. a 0, a �+ 11'CDaA icy 14- : . • - -, ,n . .µ - _ • _ wni _ a. . �_ _ _ _ _ .i _ _ _ . . _ _ .-� lu. • r • . • w .. . . . . . . . . _ - Ri, emu! . • . ♦ �. • • • a • 9 AS R -MF -2 .. .... r . x .a. r - - - ..x ......-- :CC ; -- s • • *01 • . 'i. a . iMi . . W ww N ♦ . ha r . . _ 9 J, aIC lll'wl''.'1. . . . . . . do - 1k mao FF a � • �- � - - - - Gtr" � � - - � - : a""� \� �,'�' � _ _ _ • .� 5 l k ro At j, 1 inch = 5UO feet . CUl 1-08 G G's Wine Roo PART 2. PROPERTY INFORMATION Street address of subject property D Legal desrR tion o object p perty (metes & bounds must be described on 8 1/2 "x 11"sheet), Lot 3 Block , Addition GjpWmt., I k f 5 Size of subject property Ass Square fooNge Present zoning classification: Proposed use of the property.• c 0n*- 0-C� femt•Se g.� bkoi C S Minimum /maximum district size for conditional use requ sY Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property. owner, Street acffWss of property owner.' id, - klas k Itu �m S/ City State /Zip Code of property owner. Ad a Pra '6 a // g, /V V4 �0 -943- number of property owner.- APR 12011 M 'IT B d S CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 9. APPLICANT INFORMATION Name of applicant /agent /company /contact fir! A Street address of applicant / agent.' B'S 2-v fti 'av\ 13 L0 TRL- City / State / Zip Code of applicant / agent: r'p p_+- W a -�-►�. -\ )0 1 l Telephone number of applicant /agent. Fax number of applicant/agent Ema�jill address of applicant/agent Mobile phone number of applicant/agent ( [D `I� Applicant's inten;st in subject properly. PART 2. PROPERTY INFORMATION Street address of subject property D Legal desrR tion o object p perty (metes & bounds must be described on 8 1/2 "x 11"sheet), Lot 3 Block , Addition GjpWmt., I k f 5 Size of subject property Ass Square fooNge Present zoning classification: Proposed use of the property.• c 0n*- 0-C� femt•Se g.� bkoi C S Minimum /maximum district size for conditional use requ sY Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property. owner, Street acffWss of property owner.' id, - klas k Itu �m S/ City State /Zip Code of property owner. Ad a Pra '6 a // g, /V V4 �0 -943- number of property owner.- APR 12011 M J ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations (example: buffer yards, distance between users) ❑ In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, or enjoyment of other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of other property in the neighborhood. ❑ Application of site plan approval (Section 47, see attached Form "B"). ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. ❑ Alt conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application maybe scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. ❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowled a that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPS°T`r C.l I; �'[(n 19 -n -i y Pn Print Applicant's Name: The State County Of Before Me on this day personally appeared gT/r+�� (applicant) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this NOWY Public V. STATE CF TEXAS My CW"M. gyp. OB -23-1? Print Property Owners Name: The State Of Lj.LAk as County Of FAhJ- Before Me 'Z�tlwtl Q 7 t<i Y D& 1C.e_0 (notary) dayof , A.D // . Notary In And For ie Of Te s Cf 4 S on this day personally appeared ! et q W )La -VW JJ property owner) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscrlbed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration � therein . erein expresse (Seal) Given under my hand and seal of office this 319 day of / "l. Q i`Cka , AD, 2-01 �.4 DAWNA M. iPETROSKY � s Notary Public, State of Texas My Commission Expires � �� 2.012 nr APR 2011 ACKNOWLEDGEMENT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required riling fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. I have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date: a Is ° %.2,6) 71 Signature of Date: APR 1201, ORDINANCE NO. AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE N O. 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 CU11 -08 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2011 -02 FOR THE POSSESSION, STORAGE, RETAIL SALE, AND ON AND OFF - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINE TASTING ROOM IN A DISTRICTZONED "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) 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 foroff- 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 characterof 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 propertywith 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 ORD. NO. 2 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: 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 CU 11-08 to amend the previously approved site plan of CU10 -25A (Ordinance No. 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 sale, and on and off - premise consumption of alcoholic beverages (wine only) in conjunction with a wine tasting room (G G's Wine Room) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1 R3, Block 1, Grapevine Mills Addition, Phase 1 (3000 Grapevine Mills Parkway #401) 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. ....chat 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 ORD. NO. 3 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 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 17th day of May 2011. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. 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GRAPENNE MILLS NRYJL2 9ECRt1ARY -., 4.23 as -o ' W.N' AND 20NING CCMAIJMSON I -- 1 _- -IxtEL, of SITE PLAN ~ - 4F oAL 11CONIVE9NOiAUTHORZF "IlYC NYANY14 Nb 1 0 100 200' 400' NCCNrL ORDINANCESDO�ES SCALE 1:1600 De^ARTA1ENitX DEVEtG<'l.ICN'TSEm�re= SCALE: 7:1600 4/20/2011 E J J Z ._9 in 40) ® v� 2t6 Z G O 1N � i ISSUED DATE SITE PLAN `ffelm