HomeMy WebLinkAboutORD 2023-048ORDINANCE NO. 2023-048
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU23-20 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN CU20-25 (ORDINANCE NO. 2021-04), FOR A
PLANNED COMMERCIAL CENTER WITH THE
POSSESSION, STORAGE, RETAIL SALE AND ON- AND
OFF -PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER, WINE AND MIXED BEVERAGES), TO
ALLOW THE ADDITION OF TWO OUTDOOR PERGOLAS,
ADDITIONAL OUTDOOR SEATING, OUTDOOR SPEAKERS
AND AN 8-FOOT TALL SCREENING FENCE IN
CONJUNCTION WITH A RESTAURANT IN A DISTRICT
ZONED "CC", COMMUNITY COMMERCIAL DISTRICT BEING
BLOCK 1, LOT 3R, TOWNE CENTER ADDITION NO.2 (1200
WILLIAM D. TATE AVENUE) ALL IN ACCORDANCE WITH A
SITE PLAN APPROVED PURSUANT TO SECTION 47 OF
ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS,
RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CLAUSE RELATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INTERESTS, MORALS
AND GENERAL WELFARE DEMAND THE ISSUANCE OF
THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00); DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning and Zoning Commission of the
City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the
City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites
having been complied with, the case having come before the City Council of the City of
Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having
been complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as to
whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately surrounding
the site; safety from fire hazards and measures for fire control; protection of adjacent
property from flood or water damages, noise producing elements, and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting, and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected to
be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking
facilities; location of ingress and egress points for parking and off-street locating spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on light and air; the effect on the
overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council of the City of Grapevine, Texas, did consider the following factors
in making a determination as to whether this requested conditional use permit should be
granted or denied; effect on the congestion of the streets, the fire hazards, panics and
other dangers possibly present in the securing of safety from same, the effect on the
promotion of health and the general welfare, effect on adequate light and air, the effect on
the overcrowding of the land, the effect on the concentration of population, the effect on
the transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been
satisfied by the submission of evidence at a public hearing; and
WHEREAS, the City Council further considered among other things the character of
the existing zoning district and its peculiar suitability for particular uses and with the view to
conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is
a public necessity for the granting of this conditional use permit, that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration of
population, facilitates the adequate provisions of transportation, water, sewerage, schools,
parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, an is in the best interest of the public at
Ordinance No. 2023-048 2 CU23-20
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 CU23-20 amending the previously approved site plan of
CU20-25 (Ordinance No. 2021-04) for a planned commercial center with the possession,
storage, retail sale and on- and off -premise consumption of alcoholic beverages (beer,
wine and mixed beverages), specifically to allow the addition of two outdoor pergolas,
additional outdoor seating, outdoor speakers and an 8-foot tall screening fence in
conjunction with a restaurant (Three Barrels Beer Garden, Ferrari's Italian Villa and Chop
House) in a district zoned "CC", Community Commercial District within the following
described property: Lot 3R, Block 1, Town Center Addition No. 2 (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: a
maximum for three new speakers be allowed for a total of four outdoor speakers.
Section 2. That the City Manager is hereby directed to amend the official zoning
map of the City of Grapevine, Texas, to reflect the herein conditional use permit.
Section 3. That in all other respects the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of
Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Ordinance No. 2023-048 3 CU23-20
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
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 August, 2023.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
7ft6 61
Matthew C.G. Boyle
City Attorney
Ordinance No. 2023-048 4 CU23-20
„
0.
r
/r
/r
EXISTING PARKING AND LANDSCAPE TO REMAIN AS IS
_..-.._+. MAIN MAIN ._.....<.
ENTRY ENTRY /
� �fx�rRlcp `r
EXISTING WTOOOR'�
OUTDOOR m SEATING /
SEATING MAIN ENTRY'
I vTi - 1T
EXISTING BUILDING /r
D ;
- - INDOOR RESTAURANT NOT IN SCOPE '` 13
..._. _. ENTRY' ^ �NTRY
EXITr
_ EXIT "EXIT EX EX
r- r
GOSH ... O p r
EXISTING, EXISTING
T
1� E� O
^: pG -- OUTDOOR QERGO"D • . .
=✓: E OUT R I
SEATING /
” E
SE O p
i
r
DIMENSIONAL CONTROL'
SITE PLAN
SHEET NUMBER
1
OF 5 SHEETS
COPYRIGHT020Z
EXISTING BUILDING
INDOOR RESTAURANT NOT IN SCOPE
EXIT EXIT
77,
F
I
,
�� I �4:.
azl�l fk ff— r
I
ENTRY/ ' ENTRY/
EXIT EXIT
FA
THESE PLANS ARE COPYRIGHTED AND
ARE SUBJECT TO COPYRIGHT
PROTECTION AS IN *ARCHITECTURAL
WORM UNDER SEC. 102 OF THE
COPYRIGHT ACT, 17 U.S O. AS
AMENDED DECEMBER 1990 AND
KNOWN AS ARCHITECTURAL WORKS
COPYRIGHT PROTECTION ACT OF 1990.
THE PROTECTION INCLUDES BUT IS
NOT LIMITED TO THE OVERALL FORM
AS WELL AS THE ARRANGEMENT AND
COMPOSITION Of SPACES AND
ELEMENTS OF THE DESIGN
ii � �rPt 'tea
kq eeao h L
F
Ob-02-25
Z
W
'Q
V
W
W
m
U)
J
W
Q
m
Q
W a) LO
Wm o
o tY I—
_ X
Uj U E
0_ = c
U o CL
Z W O 04 cu
Q U) 1-0
DATE
July 24, 2023
'REVISION.
July 28, 2023
DRAWN BY
Mirka Chodakova
Chodak Design LLC
4610 Hazel St
Flower Mound. TX 75028
SCALE
1" = 10'-0"
SHEET TITLE.
FOCUS SITE PLAN
SHEET NUMBER.
2
OF 5 SHEETS
-,770
M
MAIN
ENTRY
n
ENTRY
13 0
7Z
r
f
4- 3
4 4
ENTRY
EXISTING BUILDING
INDOOR RESTAURANT NOT IN SCOPE
F"j
-----------------
o
-�J
a El
K2
THESE PLANS ARE COPYRIGHTED AND
ARE SUBJECT TO COPYRIGHT
PROTECTION AS IN *ARCHITECTURAL
WORK' UNDER SEC 102 OF THE
COPYRIGHT ACT, 17 U.S.O. AS
AMENDED DECEMBER 19W AND
KNOWN AS ARCHITECTURAL WORKS
COPYRIGHT PROTECTION ACT OF 1990
THE PROTECTION INCLUDES BUT IS
NOT LIMITED TO THE OVERALL FORM
AS WELL AS THE ARRANGEMENT AND
COMPOSITION OF SPACES AND
ELEMENTS OF THE DESIGN
tp
2830
05-02-23
Z
W
W
W
Uj
co <
W (D LO
LU 0
0 1-
(0
U- X
E
C
Z LLI
DATE
July 24, 2023
REVISION.
July 28, 2023
DRAWN BY
Mirka Chodakova
Chodalk Design LLC
4610 Hazel St
Flower Mound. TX 75028
SCALE
1 10'-0"
SHEET TITLE
FOOR PLAN
SHEET NUMBER
3
OF 5 SHEETS
2aEMaumia
04 -^ES
o ,o
THESE PLANS ARE COPYRIGHTED AND
t ARE SUBJECT TO COPYRIGHT
j PROTECTION AS IN 'ARCHITECTURAL
WORK' UNDER SEC 102 OF THE
COPYRIGHT ACT, 17 U.S O. AS
AMENDED DECEMBER 1990 AND
KNOWN AS ARCHITECTURAL WORKS
COPYRIGHT PROTECTION ACT OF 1990.
THE PROTECTION INCLUDES BUT IS
NOT LIMITED TO THE OVERALL FORM
AS WELL AS THE ARRANGEMENT AND
COMPOSITION OF SPACES AND
ELEMENTS OF THE DESIGN
L OR
�.
`4NJ9 ?830
rF
08-02-23
Z
W
Q
W
W
m
U)
J
W
Q
m >
Q�
W 0) �n
lU m
O
U__ �X
W E
0_ — c
wU O coo
z W o 1_
a� r0
DATE.
July 24, 2023
REVISION.
July 28, 2023
DRAWN BY.
Mirka Chodakova
Chodak Design LLC
4610 Hazel St
Flower Mound, TX 75028
SCALE
1/8" = V-0"
SHEET TITLE.
EXTERIOR
ELEVATIONS
SHEET NUMBER
4
OF 5 SHEETS
THESE PLANS ARE COPYRIGHTED AND
ARE SUBJECT TO COPYRIGHT
PROTECTION AS IN'A.RCHITECTURAL
- WORK' UNDER SEC. 102 OF THE
COPYRIGHT ACT, 17 U-SO. AS
AMENDED DECEMBER 1990 AND
KNOWN AS ARCHITECTURAL WORKS
COPYRIGHT PROTECTION ACT OF 1990.
THE PROTECTION INCLUDES BUT IS
NOT LIMITED TO THE OVERALL FORM
AS WELL. AS THE ARRANGEMENT AND
'. COMPOSITION OF SPACES AND
ELEMENTS OF THE DESIGNLot
_____ _ - __. _____ _-__..---- ------- ...., _....._.._ _......._ ... _._. ___. _.,
"� J
2830
'•9
.
I 08-02-23
LU
W
MU
_.
NW�/
W (1) if
0 —
-...
, . _.:...
Lim rZ
Z 0 x
4J
Uj
w o cu
z W
_
C.4
< U) C�
-
DATE:.. -.... _.-...
July 24, 2023
REVISION.
July 28, 2023
0 10, 20'
30'
DRAWN BY.
Mirka Chodakova
Chodak Design LLC
4610 Hazel St
-- - - : -- .-
'- •'
-
'-
Flower Mound. TX 75028
-. ..
- ....
- .....
SCALE.
1/4" = V-0"
SHEET TITLE.
PERGOLAS
Q
i
ELEVATIONS
F
SHEET NUMBER
5
OF 5 SHEETS
COPYRI HTC