HomeMy WebLinkAboutORD 2011-007 ORDINANCE NO. 2011-07
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 CU11-01 TO
REVISE THE FLOOR PLAN AND ALLOW THE
POSSESSION, STORAGE, RETAIL SALE, AND ON-
PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES
(BEER,WINE AND MIXED BEVERAGES) IN CONJUNCTION
WITH A THEATER IN A DISTRICT ZONED "CBD"CENTRAL
BUSINESS 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)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
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.
ORD. NO. 2011-07 2
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 CU11-01 to revise the floor plan and allow the
possession, storage, retail sale and on-premise consumption of alcoholic beverages(beer,
wine and mixed beverages) in conjunction with a theater (Murder Mystery Theater) in a
district zoned "CBD"Central Business District within the following described property: Lot 4,
Lipscomb-Daniel Addition 1 (816 South Main Street) all in accordance with a site plan
approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part
hereof as Exhibit"A", and all other conditions, restrictions, and safeguards imposed herein,
including but not limited to the following: None.
Section 2. 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 safety from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation,water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business,commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Section 5. 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
ORD. NO. 2011-07 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, 2011.
APPROVED:
William D. Tate
Mayor
ATTEST:
LincYa fiuff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2011-07 4
I L 3 q 5 O / O y IV I I IL I,} 14
NOTES BY SYMBOL 01
I. METAL CANOPY
2. 36* IRON FENCE^� /f 3. EXISTING SIDEWALK
/ 48' WIDE EGRESS GATE M
PROJECT LOCATION EI N1 T , TO p`� Q / 4. SCULPTURE GARDEN (BRICK PAVERS)
k' � " tt DUMPSTER
GU ZONING ¢ 6. EXISTING CONCRETE PARKING
u � P�I�o ,:.L ' - Q• . PUBLIC PARKING (71 SPACES AVAILABLE)
" B. 4" RED OAK
45t-0" 80'- 9. D. YAUPON HOLLY
L 3 � BURFORD HOLLY
I i OREPE MYRTLE L
12. 36" COTTONWOOD
_ 13. 20' HACKBERRY
N 14. APPROXIMATELY 300 FEET WEST OF THE SUBJECT
PROPERTY IS A PUBLIC PARKING LOT CONTROLLED
— BY THE CVB WHICH HAS AN AGREEMENT WITH THE
T �, ,Op•,165•65• __—— _ APPLICANT FOR USE OF THIRTY FIVE (35) PARKING SPACES.
K
K —
_ — N
VICINITY MAP N.T.S. - ALCOHOL CONSUMPTION AREA
BUILDING
„A* 2,4 83 s.f.
BUILDING B 1,388s.f.
i BUILDING "C" 0 s.f.
i •'- os I COURTYARD 1,983 s.f. 1
J :.:..:..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.::.:.:.:. I c
j
,: :::':81SIt�DIN�....';e;.'':'::'::':':':':::':'::'............':•::':::: I TOTAL 5,854 s.f.
j '. .....................
995-•-S'.f.-':-'•'•'•':•'•'•'•'•'•'•'•'•'•'• ALCOHOL STORAGE AREA
:: :: :::::::::•••' ; BUILDING "A" 7 7 s.f.
....................
................................::::::::':'.':':':: BUILDING B 62 s.f.
BUILDING "C" 0 s.f. H
N ! ::::':':'::::::::::
i i COURTYARD 0 S.f.
TOTAL 139 s.f.+
i :� - ---.- •-•- I c W SEATING CAPACITY (15 s.f./PERSON)
N °b 1 BUILDING "A" 165
G COURTYARD ! cn " "
1,983 S.F. ! 02 �' BUILDING B 95 G
Z BUILDING "C" N.A.
: In - I COURTYARD 132
j •:••I: •:•:•:•:':':':
Z j 10 TOTAL 392
he .'•'•'•w'•'•'••'•'-'•
i o GENERAL NOTES
QC I N CONDITIONAL USE REOUEST CU11-01 IS A REQUEST TO
CL F "LI" ZONING ! BUI{:E�I{'IG.'.'.'.C.'.'.'.'.'. AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU05-47 F
1 (ORD. 05-64) FOR THE POSSESSION, STORAGE AND RETAIL
1 .1' '.'.S: ','''''''' I SALES AND ON—PREMISE CONSUMPTION OF ALCOHOLIC
1 81'8'•'•SOUTH'•'•'•'•'• BEVERAGES (BEER, WINE AND MIXED DRINKS) IN CONJUNCTION
'''''''''''''t•'.. ...... I WITH A RESTAURANT. SPECIFICALLY TO REVISE THE FLOOR PLAN
•;;MA....;S7�tEEF); :B{!IL•GHf f.G:':'.'.B.•.....'... I CONDITIONAL USE PERMIT FOR THE POSSESSION, STORAGE.
i ..
3 i 1':� rj'-S'. ':' '.'.'.' w RETAIL SALE. AND ON PREMISES CONSUMPTION OF ALCOHOLIC
b +a BEVERAGES IN CONJUNCTION WITH A DINNER THEATER.
E I r($.1 6'.'SOUFH.'.'.'.'.'.'.'. I S. THE ENTIRE SITE IS THE PREMISE. E
N .•::.•.•...•.•.':.•.•.•.'.'.•.•.•.•. 1 " t " •.l........................ 'T O
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QUEESSTTCU11S01
4 817 207 0699 Telephone
B1 k 816 S. MAIN ST.
:: ( 0 0 4 P RKIN SPA ES ; '�i LOT 4D, LIPSCOMB—DANIEt, ADDITION 817 zo7 o87g Facsimile
14 .....................
CASE NAME: MURDER
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1 Z } 4 5 0 / 0 y It) I I IL IS 14
ALCOHOL CONSUMPTION
M AREA: 1,388 s.f. M
I T A_ TO OR 6 -4
Page _....� p� ALCOHOL STORAGE
._.d AREA: 62 s.f.
L L
SEATING CAPACITY: 95
K K
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'ti' ... :':'::':':':':':':':':':':':'::':::':'::::':....::.'.::'::'::'::'':'''.'' :' ERAL NOTES
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o 1 .` . ONSIMPQN::1'iRR: :::::' ':::'::':'::':':'::':'::':::'::':::':::'::':':::::'::::'::':':':':':':: GEN
CONDITIONAL USE REQUEST CU11—Ot IS A REQUEST TO
—47
rn
AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU05
—
F
N
ORD. OS 64) FOR THE POSSESSION, STORAGE AND RETAIL F
BAR
SALES AND ON—PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES BEER WINE AND MIXED DRINKS IN CONJUNCTION
WITH A RESTAURANT, SPECIFICALLY TO REVISE THE FLOOR PLAN
THE POSSESSION 5T0
:.'........'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.......'.'.'.'.'.'.'.'.'.....'.':.':.'.'.'.'.'.'.'.'.'.'.'.'..".'.•.'.•.':.•.'.'.'.'.'.:':.'.'.'.'.'.':.'.'.'.'.'.: CONDITIONAL USE PERMIT FOR RAGE.
RETAIL SALE, AND ON PREMISES CONSUMPTION OF ALCOHOLIC
BEVERAGES IN CONJUNCTION WITH A DINNER THEATER.
. THE ENTIRE SITE IS THE PREMISE.
E
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ALCOHOL
STORAGE
No. P.w_/S.6_i_i +. D.t.
CONDITIONAL USE 1251 West Magnolia Avenue
814UE 816 11111►N ST. Fort Worth,TX 76104
LOT 4D, LIPSCOMB—DANIEL, ADDITION 817 207 0699 Telephone
817 207 0879 Facsimile
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DATE: GRAPEVINE,TEXAS
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1 2 3 4 5 6 7 8 9 10 11 12 13 14