The URL can be used to link to this page

Home My WebLink AboutORD 2016-037 ORDINANCE NO. 2016-037 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 CU16-12 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 12-033 TO ALLOW FOR A COMMERCIAL BAKERY WITH RETAIL SALES AND LIMITED INDOOR SEATING 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); 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 otherthings 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. Ordinance No. 2016-037 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 CU 16-12 to amend the site plan approved by ordinance No. 2012-033 specifically to allow for a commercial bakery with retail sales and limited indoor seating (JudyPie) in a district zoned "CBD" Central Business District within the following described property: Lot 2R, Block 4, City of Grapevine Addition (520 South Main Street, Suite 200) 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 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 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 Ordinance No. 2016-037 3 Section 7. That any person violating any of the provisions of this ordinance shaN be deemed guil#y of a misderneanor and upon conviction thereof shali be fined in a sum not to exceed Two Thousand Dallars($2,OQ4.Q0)and a separate offense shail be deemed committed upon each day during ar an which a vialation occurs or continues. Section 8. That the fact tha#the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, mora(s, peace and genera! welfare of the inhabitants of the City af Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, heaith, safety and genera!welfare of the public which requires that this ordinance shaii became effective from and after the date of its final passage, and it is accordingly so ordained. PASSEQ RND APPROVED BY TNE CITY C4UNCIl. 4F THE CITY C}F GRAPEVlNE, TEXAS on this the 17th day of May, 2016. APPROVED: William D. Tate Mayar ATTEST: �,RAP� O��r� ` `��2 � i ` � �. r �. ..� � a �� m Tara Brooks �.t j a C'rty Secretary � •�,� ��.j/ y * * * APPROVED AS TO F4RM: John F. Boyle, Jr, City Attnrney Ordinance No. 20�s-o�l 4 �I 0 5 30 20 30 SCALE IN FEET 1 INCH = 10 FEET LU w � �W .:I w o: .: N O Cn a 0.721 LA Lot Area (sf) J � z O � W Lot Width (ft) 178 ICY c�9 m..: 142 IL Building (s.f.) 16,840 520 S. MAIN STREET, Suite 313 Building Coverage (%) 53.6%" O TRAFFIC CIRCULATION LU SITE SUMMARY TABLE ZONING CBD Requirements Lot Area (acres) 0.721 LA Lot Area (sf) 31,393 1,500 Lot Width (ft) 178 20 Lot Depth (ft) 142 75 Building (s.f.) 16,840 520 S. MAIN STREET, Suite 313 Building Coverage (%) 53.6%" 300% max Height of Building 20 ft 30 ft max Open Space (s.f.) 1,340 1 per 150 sf of gross floor area = 3 spaces Percent Open Space 4.3% none Impervious Area (s.f.) 30,055 JAKES Percent Impervious Area 95.7% 100% max R.O.W. VAPIES S. MAIN STREET LANDSCAPED AREA W/ SEASONAL PLANTINGS i i �-----�NI1!l311[l2 CONCRETE PUBLIC SIDEWALK P.O. BOX 471898 Use & Parking Analysis ----- 17-1 LA TEL- 817.379.1225 ` E3 a - I JAKE'S FIRM NO: 7585 K' �IOI,JlEPINO. INC. " a I OWNER: ; P RESTA(ANT O 520 S. MAIN STREET, Suite 313 GRAPEVINE, TX 78051 FARMERS MARKET CU12-I8 _ L 1924 SF. 1,060 S� 400 sf 1 per 150 sf of gross floor area = 3 spaces 2.-720 S.F. 460 sf 5 plus 1 per 150 sf of gross floor area = 9 spaces 87 sols JAKES 2,720 sf, 87 seats 1 per 3 seats = 29 spaces seats Y 1 per 3 seats = 6 spaces Parking Summary 400 s. f. retail Q Parking Required: 92 Parking Provided: W 42 onsite, 50 public parking within CBD III ��wwrmillliiil� I®I■I■I RET 41 F. MEDICAL OFFICE 460 SF. NA/L SALON 4/0 SF. -. - HAL _ lVAY ZONED CBD CENTRAL BUSINESS DIS RICT RETAIL OFFICE 820 SF. 240 SF. _ U KlTG.EN AREA U KITCHEN ❑ LOBBY 1 unr i v^ ---- - ZONED C8D CENTRAL BUSINESS DISTRICT TO WO OFFICE J 460 SF. O f OFFICE II OFFICE 360 SF. 340 SF. EXHIBIT TO �e'16 - "z17 Page �_ of / PROPOSED JudyPle' RETAIL STORE 8 DINING I, 060 SF ENntthKest.4ay [u - �. ENo. N EWaNk E E*'anklin.5e� EFlanklin5:� EkaMFnA N EioYege St ffn.4!9eSt i xv.,...0 EH�dg4rt9 ,y. Q W De11a, Rd EDallas Rd,'e_ ' Dallas Rd Sa � •^ - [mss. E4Mri __--. PREPARED BY: P.O. BOX 471898 Use & Parking Analysis FORT WORTH, TX 78147 LA TEL- 817.379.1225 ` Net Leasable Area FAX., 817.704.4458 c Leaseable Area by Use.- se:Professional FIRM NO: 7585 K' �IOI,JlEPINO. INC. " a I OWNER: ; BIATWIC, LLC i CONTACT: Nandu Madireddl 520 S. MAIN STREET, Suite 313 GRAPEVINE, TX 78051 TEL"817-528-3M C L L SIEBT MEX SHEET NO. DESCRIPTION 4 I OVERALL SITE PLAN f CONDITIONAL USE PERMIT, CU16-12 IS A REQUEST TO ALLOW ON FOR THE OPERATION OF A COMMERCIAL BAKERY WITH RETAIL SALES AND LIMITED INDOOR DINING WITHIN THE 'CBD' CENTRAL BUSINESS DISTRICT. ZONED CBD CENTRAL BUSINESS DISTRICT PROFESSIONAL OFFICE 4, 000 SF. EXISTING DUMPSTER LOCA WITH WOOD SCREENING w w LU W Y Cn Q > Q_ C:1 a w o Q w `J W a LU �e O � E E E E CASE NAME - Judy Pie CASE NUMBERS CU16-12 LOCATION; 520 S. MAIN STREET ------------------- MAYOR SECRETARY PLANNING AND ZONING COMMISSION -------------------- CHAIRMAN DATE, ---------- SHEET- I OF I APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES SITE PLAN 520 S. Main Street CU16-12 0.721 ACRES, ZONED °CBD" SITUATED AT LOT 2R, BLOCK 4 CITY OF GRAPEVINE TARRANT COUNTY TEXAS May 9, 2016 Building Use & Parking Analysis Gross Building Square Footage 16,840 sf Net Leasable Area 12,914 sf Leaseable Area by Use.- se:Professional ProfessionalOffice (sf) 5,520 sf 5 plus 1 per 300 sf of gross floor area = 24 spaces Retail (sf) 3,154 sf 5 plus 1 per 200 sf of gross floor area = 21 spaces Retail (sf) JUDY PIE 400 sf 1 per 150 sf of gross floor area = 3 spaces Medical Office (sf) 460 sf 5 plus 1 per 150 sf of gross floor area = 9 spaces Restaurant (sf), seats JAKES 2,720 sf, 87 seats 1 per 3 seats = 29 spaces JUDY PIE 1,060 sf, 18 seats 1 per 3 seats = 6 spaces Parking Summary Parking Required: 92 Parking Provided: 42 42 onsite, 50 public parking within CBD PROFESSIONAL OFFICE 4, 000 SF. EXISTING DUMPSTER LOCA WITH WOOD SCREENING w w LU W Y Cn Q > Q_ C:1 a w o Q w `J W a LU �e O � E E E E CASE NAME - Judy Pie CASE NUMBERS CU16-12 LOCATION; 520 S. MAIN STREET ------------------- MAYOR SECRETARY PLANNING AND ZONING COMMISSION -------------------- CHAIRMAN DATE, ---------- SHEET- I OF I APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES SITE PLAN 520 S. Main Street CU16-12 0.721 ACRES, ZONED °CBD" SITUATED AT LOT 2R, BLOCK 4 CITY OF GRAPEVINE TARRANT COUNTY TEXAS May 9, 2016