HomeMy WebLinkAboutORD 2015-057TO: SITE PLAN REVIEW COMMITTEE MEMBERS
FROM: ALBERT L. TRIPLETT, JR, PLANNER 11
DATE: AUGUST 3, 2016
SUBJECT: CONDITIONAL USE REQUEST CU16-19; LOT 3R, BLOCK 1, TOWN
CENTER ADDITION NO. 2
RECOMMENDATION
Staff recommends the Site Plan Review Committee consider the proposed changes to
Conditional Use Request CU15-37 (Ord. 2015-057) approved at the September 15,
2015 meeting for a planned commercial center with the possession, storage, retail sale
and on -premise consumption of alcoholic beverages (beer, wine, and mixed drinks) and
a 20 -foot pole sign in conjunction with a restaurant, specifically to revise the floor plan,
allow outside dining and outdoor speakers/television monitors and revise the exterior
elevations, and take any other action necessary.
BACKGROUND INFORMATION
Conditional Use Permit CU06-32 (Ord. 2006-56) was approved by the City Council at
the August 2006 meeting to allow for a 393 seat restaurant (Ferrari's Italian Villa) with
on -premise alcohol beverage sales and consumption. The elevations, floor plan and
monument sign of an existing 10,564 square foot restaurant, formerly occupied by
Golden Corral, were revised to accommodate Ferrari's. The Site Plan Review
Committee at their August 29, 2007 meeting approved Conditional Use Permit CU07-28
to revise the exterior elevations by adding an outdoor fireplace, fountains and gazebo,
revise the landscape plan, and revise the monument sign location of Ferrari's Italian
Villa. At the September 15, 2015 meeting the City Council approved Conditional Use
Permit CU 15-37 (Ord. 2015-57) to allow for a 20 -foot pole sign on the subject site.
With this request the applicant proposes minor floor plan and exterior elevation changes
to the existing restaurant. The floor plan changes include repurposing an existing open
space area into a new uncovered outdoor dining area adjacent to the south elevation.
Two monitors are proposed, one monitor within the new dining area and one monitor
with the existing covered pavilion. Seven outdoor speakers are proposed, three within
the existing covered pavilion, two within the pergola area and two within the proposed
seating area. The proposed exterior elevation changes include installing a new external
bar and door, a new French door, removal of an existing door, removal of an arched
feature, installing awnings and extending an existing arbor adjacent to the southeast
corner of the restaurant. The revised seating layout will seat 414 patrons requiring 138 -
parking spaces; 138 are provided. No additional changes are proposed to the subject
site.
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ORDINANCE NO. 2015-057
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 CU15-37 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2006-56 FOR A PLANNED COMMERCIAL CENTER WITH
THE POSSESSION, STORAGE, RETAIL SALES AND ON -
PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES
(BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION
WITH A RESTAURANT, SPECIFICALLY TO ALLOW FOR A
20 -FOOT POLE SIGN 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 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
I 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. 2015-057 2
particular piece of property is needed, is called for, an is in the best interest of the public at
large, the citizens of the City of Grapevine, Texas, and helps promote the general health,
j 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 CU15-37 to amend the site plan approved by
Ordinance No. 2006-56 for a planned commercial center with the possession, storage,
retail sales and on -premise consumption of alcoholic beverages (beer, wine and mixed
beverages) in conjunction with a restaurant, specifically to allow for a 20 -foot pole sign, in a
District zoned "CC" Community Commercial District Regulations within the following
described property: Lot 3R, Block 1, Towne Center Addition (1200 William D. Tate
Avenue), 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 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
ORD. NO. 2015-057 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 15th day of September, 2015.
William -D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
John F. Boyle, Jr.
City Attorney
ORD. NO. 2015-057 4
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EXHIBIT L oi I` ., 651111
Page of j
CONDITIONAL USE REQUEST CU 15- 37
FERRARI'S
1200 WILLIAM D. TATE
LOT 3R, BLOCK 1,
TOWNE CENTER ADDITION NO. 2
MAYOR SECRETARY—
DA TM -
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE.
SHEET 2 OF 2
APPROVAL DOES NOT AUTHORIZE ANY
WORK IN CONFLICT WITH ANY CODES
OR ORDINANCES.
DEPT, OF DEVELOPMENT SERVICES
PE
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a) Conditional use request CU15-37 is a
request to amend the previously approved
site plan of CU07-28 SPRC, CU06-32
(Ord. 2006-56) for a planned commercial
center with the possession, storage, retail
sales and on -premise consumption of
alcoholic beverages (beer, wine and mixed
beverages), specifically to allow a 20 -foot
pole sign in conjunction with a restaurant.
b) The sign may not be located within any
utility easements.
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( 1 ) SET REQUIRED Scale: 1/4" = V-0"
NOTE:
ACCESS REQUIRED FOR
ELECTRICAL & INSTALLATION
DATE REVISIONS NAME AUTHORIZATION
This drawing is the exclusive property of Accent Graphics, Inc.
'/15/15 ADD SITE PLAN AB
and is the result of the original work of its employees. The plans
129%15 UPDATE TEXT AB
are provided to your company for the sole purpose of considering
CLIENT DATE
the purchase of a sign manufactured by Accent Graphics, Inc.
based on these plans OR the purchase of the plans and design
ACCOUNT EXECUTIVE DATE
concepts contained therein for manufacture elsewhere. Distribu-
tion or exhibition of the plans to anyone outside of your company
or the use of the plans by others to manufacture or design a
LANDLORD DATE
similar sign as displayed in the plans is expressly forbidden. in
ALL CHANGES
ALL CHANGES MUST BE INITIALED 8Y
the event that such exhibition occurs, Accent Graphics will expect
D ACCOUNT EXECUTIVE ON
payment of a minimum $2000 design fee in recompense for the
FINAL APPROVED PRINT.
time and effort entailed to produce the plans.
CLIENT FERRARI'S ITALIAN VILLA STORE #
INSTALLATION ADDRESS
1200 William Tate Ave. Grapevine, TX 76051
DESIGNER AB ACCOUNT EXECUTIVE ALEX TEATOR
DATE 7/7/15 SHEET - 2 OF 2 DESIGN # AB 7-7-15
COMPLETE SIGN SERVICE & FABRICATION
523 E. ROCK ISLAND TOLL FREE (800) 810-3044
GRAND PRAIRIE, TX 75050 METRO (972) 399-0333
EMAIL k.kendall@accentgraphicsinc.com FAX (972) 9864456
WEBSITE www.accentgraphicsinc.com FAX (800) 810-3045
Reaulated by the Texas Department of Licensing and Reaulation P. O. Box 12157, Austin, TX 78711 Tel: 512.463.6599 Toll Free (in TX): 800.803.9202 Online: httr)://www.license.state.tx.us/complaints State of Texas Contractor #18050
M
10'-0"
liffine
10'-0"
M
10" X 0.365"
Pipe
July 9, 2015
Foundation:
2.344 x 4592
A =----------------- = 3.1281
1147 x 3
3.1281
D =------- ( 1+ 4.36 x 12.1429
2 1 +-----------
3.1281
Notes:
Design wind load = 90 mph, ASCE 7-05 Exposure category
Pipe: ASTM A53 Grade B
Concrete: 3000 psi min
IBC 1997,2009, 2012
Pole Sign for:
Ferrari's Italian villa
11200 William Tate Ave
Grapevine, Texas
Accent 0815
Erector:
accent nosO gLap
COMPLETE 15SON SERVICE a FABRICATION
523 E. ROCK ISLAND TOLE FREE (800) 614.30
GRAND PPAa;IE, T%. TW50 ME'iRp (972) 389-0335
EMAIL &.k0>sdn9 aebR 'DLiaairia,ssam FAX (172)966.4454
VVESSIrE FAX INS)SiO.304$
Date: Scale: Sheet
7-9-15 1/4" = 1' 1 of 1
JWT Consulting Service
Firm # 10975
811 Blackchamp Rd
Waxahachie, Tx 75167
Phone/Fax 972 351 9808
EXHIBIT / TO r 2o/5- y
Page of
NOTES:
1. AL. REQUIREMENTS OF THE CRY OF GRAPEMNE EROSION CONTROL ORDINANCE SHALL
BE MET DURING THE PERIOD OF CONSTRUCTION,
2 SIE UGNNNO SN CONFORM TO THE CITY OF GRAPELIKE ORDNANCE
3. PARKING FOR DISABLED PERSONS SHOULD BE DESIGNATED ACCORDING TO CHAPTER 23,
SECDDN 23-64 THROUGH 23(-69 OF THE CODE OF ORDINANCES.
4, SCREEFUSEH [ AEE RRHU SEC ON4NCWSU(RES SENIN4 ELI IN � SNALL BE
7 b
5. ALL REQUIREMENTS OF SECTION 6D, SIGN REGULATIONS, TMLL BE MET,
5. THIS APPLICATION AMENDS CONDDIONAL USE APPLICATION CU W-28.
7. ALL MECHANICAL AND EI_ECTMICAL EOU,PMENT SHALL BE DESIGNED, NSTALLEO AND
OPERATED TO MINMIZE NMSE IMPACT ON SURROUNDING PROPERTY AND SHAD. BE
WACOU FROM PUBLIC NEW.
8. ODNDHTIONAL USE REQUEST CUOS-32 S A REQUEST TO REVISE WE APPTMD SITE MAN OF WOO -38
(ORdWNCE 00-87) FOR A PLANNED COMMERCIAL CENTER SPECIFICALLY TO REDEYFLOP A 10,634 SOUARE
FOOT RESIAURANT,
9. CONDMONAL. USE REQUEST CUD6-32 1S ALSO FOR TME POSSESSION, SALE, STORAGE, AND ON -PREMISE
CONSUMPTION. OF ALCOHOLIC BEYENA ES (BEER, MME AND MIXED BEVERAGES) IN CONJUNCTION MTM A
RESTAURANT. THE PREMISE S TEE ENTIRE SDE.
10. TYPICAL PANNING SPAM DIMENSION IS. 9'08'.
11. ALL REQUREM04TS OF SECTION 23., 'CG' COMMUNITY COMMERCGI. DISTRICT SHALL BE MET.
12. ALL RWAREMENTS OF SECDON 53, LANDSCAPING REGULATIONS SHALL BE MET.
13, ALL REQUIREMENTS OF SECTION 56, OFF-SIRESI PARKING REQUIREMENTS SHALL BE MET,
14. THS PROPERTY S CURRENTLY ZONED 'CC' COMMUNITY COMMERCIAL DISTRICT..
IS. INE CURRENT LAND USE bE50NATDIJ AS COWAIED N WE COMPREHENWE MASTER PLAN
5 COMMERCUL 7,
LOT 313 SITE DATA
LAND AREA
100,311 S.F.
BUILDING APEA
OCCUPANCY LOAD
10,584 S,F.
416
PARKING REQUIRED (REST. 3/OCC,)
139
HANDICAP PARKING
5
TOTAL PROVIDED
138
BUILDING COVERAGE
LANDSCAPE AREA (PERVIOUS SURFACE
10.5 3G
31.631 S.F.
IMPERVIOUS SURFACE.
88,680 SF.
--------------
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NOTE: ( ALL DIMENSIONS ARE TO FACE OF
CURB UNLESS NOTED OTHERWISE.
C REF. ARCH FOR HANDICAP
SIGNAGE & RAMP LOCATIONS
LEGEND
EXISTING 7" CONCRETE
EXISTING 5" CONCRETE
a) Conditional use request CU15-37 is a
request to amend the previously approved
site plan of CU07-28 SPRC, CU06-32
(Ord.2006-56) for a planned commercial
center with the possession, storage, retail
sales and on -premise consumption of
alcoholic beverages (beer, wine and mixed
beverages), specifically to allow a 20 -foot
pole sign in conjunction with a restaurant.
b) The sign may not be located within any
utility easements.
f SEAL APPEARING ON 7N1S
'UMENT WAS AUTHORIZED 9Y
✓RENCE A. CAFES, P.E. 41838
07 I6• -!S
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; A'NRENCE A. CA-ES�
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CASE NO. CU— 15--_
LAWRENCE A. CATES & ASSOC. CONSULTING D+GNEERS
DAWS, TEXA.