HomeMy WebLinkAboutItem 03 - CU07-23 Hyatt PlaceConditional Use Permit Application CU07-23
Hyatt Place
Commercial Center in excess of 1,000,000 square feet of gross leasable space
designation.
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 addendum (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 for on -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 for off -premise consumption of
1ZCU\CU07-23.4 2 September 10, 2007 (8:55AM)
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.
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
1ZCU\CU07-23.4 3 September 10, 2007 (8:55AM)
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) for a 39 -unit townhome development which is
currently under construction. 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.
Approximately 98 acres located to the east and the north (Billingsley tracts) were 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).
NORTH: "HCO" Hotel/Corporate Office, "R -MF -2;" Multifamily & "PID," Planned
Industrial Development - Cross Creek Apartments and Cross Creek
Ranch
SOUTH:
EAST:
WEST:
AIRPORT IMPACT:
"HCO," Hotel/Corporate Office - Hilton Hotel and Austin Ranch
"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.
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CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent.Icompanylcontact
mod-py iUA-'rTCNA--(-. 0 ak�-Pcvwc
Street address of applicant/ agent,
63�3 wocp�
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Cityl State lZip C de of applicant /agent: U
le-x�
Telephone number of applicant /agent. Fax number of applicant/agent
113 -9 7 q -15-c-o 113 --11 � - 46-6 1-5
Email address of applicant/agent Mobile phone number of applicant/agent
-, 13 - 6 G 'v
Applicant's interest in subject property. -
Hft5� Te-Aim-1—
PART 2. PROPERTY INFORMATION
Street address of subject property LJZS I-
'u'l o � P&PE V I ou C de I 61f-pipif. vlJc C,5 -
Legal description of subject property (metes & bounds must be described on 8 112"x 11"sheet)
oi-- a0
1J-tnL)i-n I Cil 7--q OF C;44T/c V IN
Size of subject property
%0 Roo H
--e> Acres. e 61 ACI&CF2 (TI SIP Square footage
Present zoning classification:
C'&-4
Proposed use of the property.
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- EX 1:5 1-7 IJ
Minimum /maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use: t>E-C-T'i Q - o F FF(CL(7- Z 7 IS
t4 L)te-
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner
No a -P" AJA:n a(u h -L k'RKV ,k) c
Street address of property owner.,
X363 1 . A)OC-PuAg'. "Su ll -E -//'o
City/State /Zip Code of property
90_tJ 5 `t_" Tex 17O'
Telephone number of property owner.- Fax number of property owner.
113 - " 7-7- 76 -o -O 1 413-117-
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www.ci.grapevine.tx.us 2
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❑ 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 Re uirements.
❑ All 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 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 conditional use permit can only be approved
by city council through the public hearing process.
• I have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and
acknowledge that all re uirements 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 PROPERTY
i t U 0—K' C'1 /OP7 ' i {id Vrl t OP C Yit Y t t,...i Ci` a ,—,-
Print Applicants Name: / Applicant's Signature:
The State of
. j
County Ofd41
s �>
ll1r} da appeared 1' I
on this r
Before Me YP personally PP
(notary) (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 rsideration thereinlexpressed.
(Seal) Given under my hand and seal of office this V ` ' ` day of i ,•, A. D. ?>
( Nota in And For State Texas
a \
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to �, ^v r j '
Print Property Owners Name: Property Owners Signature:
The State Of
County Of.. + ,
BeforeMet l on this daappeared
i t day
(notary) ( (property owner)
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 xpressed.
P �� .D`
(Seat) Given under my hand and seat of office this day of t A.r
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Nota In d For State
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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 filing 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 pail 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:
Date: e 1/ /' �r-
0AZCU\FORMS1app.cu.doc
www.d.grapevhe.tx-us
MOODY NATIONAL C®MPANMS
Realty • Management • Mortgage . Development
August 2, 2007
Ms. Susan Batte
City of Grapevine
Development Services
Planning Division
200 S. Main Street
Grapevine, Texas 76051
Dear Ms_ Batte:
U, iG 0 Z007
Eq R..�
In August 2006, Moody National Companies acquired the Amerisuites Hotel in Grapevine, Texas. Our
intent in purchasing the property was to convert the hotel to a Hyatt Place Hotel, the newest upscale select
service hotel brand in the Hyatt Hotels Corporation family. We currently have a franchise agreement in
place with Hyatt and are commencing upon the renovation and conversion of the hotel which we anticipate
will cost upwards of $3,000,000 and will be completed by the first quarter of 2008. We are excited about
this wonderful opportunity to add Hyatt's newest brand to the Grapevine market, and we anticipate that the
hotel will gain immediate market acceptance once the renovation and conversion are complete.
The Amerisuites brand does not engage in the sale of food and beverage items. However, the Hyatt Place
brand will. In light of this added service, we have submitted for your consideration a Conditional Use
Application that, if approved, will allow us to obtain our liquor license and commence with the sale of
alcoholic beverages upon completion of the Hyatt Place conversion.
The concept of Hyatt Place is to provide a casual, yet contemporary atmosphere that offers guests an open,
relaxing environment in which to mingle and freely move throughout the common areas. The first floor of
the Hyatt Place is commonly referred to as The Gallery. The Gallery includes self-service guest check-in
kiosks as opposed to a formal check-in counter, a lobby bar, and a cafd style restaurant. The Gallery will
also include a Guest Kitchen which will be open to guests 24 hours a day and will allow them to experience
the "Grab N Go" concept in which they can purchase and pick up breakfast items, soups, salads,
sandwiches, pizza, etc. Alternatively, the guests can be served in the cafe at which they can order cooked
to order breakfast, lunch, and dinner items. Alcoholic beverage items will only be available at the lobby
bar which is manned fully time by a bartender.
Alcohol will be served on the first floor of the hotel in the lobby bar. The cafe / Guest Kitchen will be
located immediately to the right of the bar. As the concept of The Gallery is designed to provide openness,
flexibility, and free movement, guests may sit anywhere in The Gallery to consume their food and beverage
items, for which a total of 56 seats are provided. Guests may also order pre -made and made-to-order food
items on their guestroom TV screens which they can either have delivered to their rooms or can pick up in
the Guest Kitchen. While alcohol will be sold and consumed primarily in The Gallery / first floor, guests
will be allowed to carry food and beverage items back to their guestrooms. Finally, the hotel will have a
small amount of meeting and banquet space in which food will be served. Alcohol is generally not
included in small banquets, but might consist of small quantities of beer and wine.
We understand that the City of Grapevine requires that the ratio of food to beverage sales must be at least
50150. Since our hotel has not yet reopened as a Hyatt Place, we do not have actual food and beverage
6363 Woodway, Suite 1 10 • Houston, Texas 77057 -Tel: 713 / 977-7500 • Fax: 713 / 977-7505
sales data to provide for our location_ However, corporate executives at Hyatt have assured us that food
sales at existing Hyatt Place hotels always exceed beverage sales. As such, we are confident in asserting
that our hotel will surpass your expectations and requirements in that regard.
Moody National Companies is a full service real estate firm that engages in development, management,
mortgage placement, and acquisitions of hotels,. office buildings, and multifamily assets throughout the
United States. By the end of August 2007, Moody National's hotel portfolio will consist of 64 select and
full service hotels encompassing 8,056 guestrooms in 15 states. The company owns hotels under the
majority of the nation's most prominent flags including Marriott, Hilton, Hyatt, Radisson, Holiday Inn, and
Comfort Suites. The company was formed in 1996 as Moody National Mortgage Corporation by Brett C.
Moody, who has more than 20 years of real estate and mortgage banking experience. Mr. Moody expanded
Moody National Mortgage Corporation into Moody National Companies in 2003, and since that time, the
company has acquired more than $1 billion in hotel assets across the country.
We hope that you will consider and approve our Conditional Use Application which will allow us to
successfully move forward with this expansive, upscale hotel conversion.
Should you have any questions or additional needs as you consider our application, please feel free to
contact me directly at 713-273-6665 or lbunner iiinoodtinational.con1.
Thank you and we look forward to a successful approval of our application
Sincerely,
Lisa K. Bunner
Vice President
Director of Real Estate Closing
Moody National Companies
Cr- €
AUG 6 2GGl
t s
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 CU07-23 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
98-151 FOR AN EXISTING HOTEL FOR THE POSSESSION,
STORAGE, RETAIL SALE AND ON -PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH
A RESTAURANT IN A DISTRICT ZONED "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 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
ORD. NO. 2
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:
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 CU07-23 to amend the site plan approved by
Ordinance No. 98-151 for a planned commercial center in excess of 1,000,000 square feet
gross leaseable space, specifically to allow for the possession, storage, retail sale and on -
premise consumption of alcoholic beverages (beer, wine and mixed beverages) in
conjunction with a cafe (Hyatt Place) in a district zoned "CC" Community Commercial
District Regulations within the following described property: Lot 1, Block 6, Grapevine Mills
Addition Phase 1 (2200 Grapevine Mills Circle West) 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 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 forthe normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among otherthings, 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
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. 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. 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 18th day of September, 2007.
ATTEST:
ORD. NO. 4
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