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Home My WebLink AboutORD 2023-095ORDINANCE NO. 2023-095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT CU23-33 TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU19-02 (ORDINANCE NO. 2019-006) FOR A MASTER SITE DEVELOPMENT PLAN WITH GASOLINE SALES AND TO ALLOW FOR THE POSSESSION, STORAGE, RETAIL SALES AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY), IN CONJUNCTION WITH A CONVENIENCE STORE, SPECIFICALLY TO REMODEL THE EXISTING 7- ELEVEN CONVENIENCE STORE, GAS STATION TO INCLUDE A RESTAURANT (LAREDO TACO COMPANY), FOR BLOCK A, LOT 1A1, GRAPEVINE MILLS CROSSING ADDITION (3580 NORTH GRAPEVINE MILLS BOULEVARD) IN A DISTRICT ZONED "CC", COMMUNITY COMMERCIAL 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 Ordinance No. 2023-095 2 CU23-33 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 CU23-33 to amend the previously approved site plan of CU19-02 (Ordinance. 2019-006) for a master site development plan with gasoline sales and to allow the possession, storage, retail sales and off -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store, specifically to remodel the existing 7-Eleven convenience store, gas station to include a restaurant (Laredo Taco Company) in a district zoned "CC", Community Commercial District within the following described property: Block A, Lot 1A1, Grapevine Mills Crossing Addition (3580 North Grapevine Mills Boulevard) 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 Ordinance No. 2023-095 3 CU23-33 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 19th day of December, 2023. ATTEST: Tara Brooks City Secretary AP �jo,i•V // w- �m C15 APPROVED AS TO FORM: �X� V Q. Matthew C.G. Boyle City Attorney APPROVED: William D. Tate Mayor Ordinance No. 2023-095 4 CU23-33 Exhibit “A” LEGAL DESCRIPTION: Grapevine Mills Crossing Addition, Block A Lot 1A1, Acs 1.717 0 GRAPEVINE MILLS BOULEVARD 1 0 3 VARIABLE WIDTH RIGHT-OF-WAY IX -0 LEFT TURN LANE SIGN SIGN LEFT �Tu. EX PROPOSED TYPED (SY1IGAA1 PE H V SIGN ..... ) SIGN I TYPE A F_sTG_N_1 SIGN 1111wom TYPE C TYPE 81 sup ORB TYPE JB ,VNG SIGN 314' 350' TYPE E 469, It FiaC LADE BUILDING UN 7' EGMSTING BASS III L ii Li 11 L1 AREA 1_1 11LTU L Ll [iIiIiIiIiIiLfL1L]1]LtI_iI_f FIRE bV)E LOT 3A PRE 11E `7RC �Nt 44' _j 0.91 A(` 19 G 0 ❑ 'o GO DI, 4 1AS FUTURE $jj RME 3,04 SIF v OT SAR2 TAPALLE SOCIAL CN 4t 5.44 C 2,540 SFfl 2 4t tt A it 4t 4t 11 -6-0-0 0. -SING fT 1�kl 94_ 4 EXISTING (IflaflAtko EXISTING BUILDING GRASS 1.7?X4 // 43 86' 1 AREA "G 8,160 SF �.ws 21- ID EXISTING ING � IT IT ITf T'��1,I�I.L�� I -f- IT IT �!/�/�'' C� I I I-E STUD F DUMPSTER 5,481 SOS SIGN PE A OR B 69, C*" L I 7T_2,4..S!,_i1 5 4 F ra � L- - - /SIGN FUTURE -10 (- PARKING TH't. PARK- 3 EE - 5 EXISIING BUILDING EXisnN BUILDING FUTURE ,P ) 00 1"" LOT 3AI 1 7,900 SF SIGN EX. pl� 48,931 F 2 275 SF 3.34 AC TYP SIGN 'it =T'j LOT 5ARIA 2.71 AC - - - - - ;q FUTURE PARKING ci F i \ SIDE'YW - - - - - - - T- A 0 0,86 AC yti -- — - - - - - - - - - - - - PIRE LANE 0 0 - <1 NTURE PARKING FUTURE PARKING 0 H, -9 2' 339, <�> 0 179' 2 w m mmiim;wI-m a 41 =_IIRL GMMIIIIIIIIIIII� w w Alp LOT 1, BLOCK A 0 THE WALLIS CHARLESTON ADOMON A 64KER APARAVENZE-) ZKAR _AP"AR_.`E1T'1`-) T - r(BY SEP PERMIT) (BY SEP PERMIT) I �p — ®a — PROPERTY LINE DTI T! TIT-1 01 50, 100, 150' 200' T SCALE: 1:50 �TIFT, 1136' I! iTi i Ti 1-11-1 7 "'y MASTER PLAN PREPARED FOR 7-ELEVEN & LAREDO TACO CO. VICINITY MAP t N APPLICANT: SOS CONSTRUCTION PROJECT DATA 381 RIVERSIDE DRIVE, SUITE 300 NOT FOR CONSTRUCTION LOT LAND AREA BUILDING AREA OCCUPANCY BUILDING1 PARKING PARKING BUILDING OPEN IMPERVIOUS FRANKLIN, TN 37064 PARKING REQUIRED HEIGHT REQUIRED PROVIDED COVERAGE SPACE SURFACE OWNER: 7-ELEVEN, INC. 1 1110 21 1 36 3200 HACKBERRY REH SHOPPING CENTER RETAIL 4 SPACES PER 1000 SF LOT1A1 1 74 814 SF 3 G42 SF GASWCONVENIENCE 41% 33459 BE 41,355 SF RESTAURANT IN SHOPPING CENTER 10 ADDITIONAL SPACES PER 1000 SF LOT2A 1 37 680 SF 7,900 SF RETAIL N 32 1 32 210% 6,675 SF 31,005 SP - RETAILIRESTAURANT 27 _0 217 6 (RUING, TX 75063 INDOOR COMMERCIAL AMUSEMENT 1 SPACE PER 100 SF LOT3A1 1145,340 SF 1,,275 SF JU 1" 1 11 9% 25,2 6 SF 120 '74 SF CASE NUMBER CU23-33 GRAFEVIN MILLS BLVD N RESTAURANT WITH DRIVE-THRU I SPACE PER 50 BE PLUS 12 SPACES LOT 3A2 1 39,554 SF 2 346 SF RESTAURANT 25' 59 45 1!1)% 9,233 SF W,32 1 SF 3580 NORTH GRAPEVINE MILLS BLVD. GAS STATION I CONVENIENCE 5 SPACES PLUS 1 SPACE PER 200 SF LOT :AARR21 A 2131:,�1,2321 :F1 "1 1111 BE RETAIL/REST IP1IO 20'-4' 115 143 1 69% 30 431 BE 87 707 SF LOT 1A1 BLOCK A, GRAPEVINE MILLS CROSSING LOT 88 931 BE BET /REST/INDOOR COM 32'4" 30 308 207% 31,335 SF 205 487 SF 756 136 399 SF 407 949 SF AB. NO, 1715, J. GIBSON SURVEY SITE TOTAL 352 348 SF 7 654 SF 0 753 249% CITY OF GRAPEVINE, DALLAS COUNTY, TEXAS 1.72 AC ACRES, ZONED "CC- COMMUNITY COMMERCIAL DISTRICT" 5: DAY OF PREPARATION: 11/30/2023 -F, NE 11 PARKING DATA CASE NAME 7-ELEVEN REVISIONS LOT 1AI LOT2A LOT 3AI LOT 3A2 UOT5AR1A LOT 5AR2 CASE NUMBER CU2333 3 G42 SF GAS STATION/ 7 900 SF RETAIL 2,500 SIR RETAIL 2,346 SF RESTAURANT WITH 8.160 SF RESTAURANT 2,527 SF RESTAURANT 36SP LOCATION 35W Nona GI 1111 M1111 D1d REVNO DATE DESCRIPTION BY CONVENIENCE W 14,775 SF RESTAURANT DRIVE-THRU 17,439 SF RETAIL 70 SP A, 19,928 SF INDOOR OCIMMERCIAL 200 SP A2 ;-k 9,037 SP NON OCCUPIED SPACE OSP MAYOR SECRETARY MASTER RETAIL SITE PLAN & CONCEPT PLAN TOTAL PARKING REQUIRED 21SP TOTAL PARKING REQUIRED 32 SP TOTAL PARKING REQUIRED 217 SP TOTAL PARKING REQUIRED 59 SP TOTAL PARKING REQUIRED 115SP TOTAL PARKING REQUIRED 306 SP DATE TOTAL PARKING PROVIDED 36SP TOTAL PARKING PROVIDED 32 SP TOTAL PARKING PROVIDED 189 SP TOTAL PARKING PROVIDED 45SP TOTAL PARKING PROVIDED 143 SP TOTAL PARKING PROVIDED 308 SP PLANNING ANDDONING COMMISION CONDITIONAL USE PERMIT CU23-33 IS A REQUEST TO AMEND CU19-02 (ORD. 2019-006) FOR A MASTER SITE DEVELOPMENT PLAN FOR GASOLINE SALES AND OFF PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER CHAIRMAN N SOS 0BRE AND WINE ONLY) IN CONJUNCTION WITH A CONVENIENCE STORE. SPECIFICALLY, TO REVISE THE FLOOR PLAN TO N DATE SHEET OF u ALLOW FOR A LAREDO TACO COMPANY RESTAURANT WITHIN THE EXITING 7-ELEVEN CONVENIENCE STORE AND SITE PLAN - EXISTING RETAIL APPROVAL DOES NOFAUTHORIZEANH VORKIN GAS STATION. 12jj SGILC I AS �jj OONILI T .11 All c1111 OR OIDINAIIEI DESIGN OP4GHN DATE SCALE SHEET PONNING SELOCE DEPAR UVENT NOV 0 1 THE ENTIRE SITE IS THE PREMISE TO THE REQUEST. AIIA - . OF 03 VICINITY MAP tNF GRAPEVINE MILLS BLVD N SITE ZT, C- �ra_r � S' S' TO AMEND CU19-02 (ORD. 2019-006) FOR A SALES AND OFF PREMISE CONSUMPTION OF kd:[;s:lilltkgllas.lvIALIki:laal.JgLTit&l:b go IN• u am ol 20' 40' 1 mbnwmmmww SCALE: 1:20 OVERALL SITE PLAN SIGN TYPE A c EXISTING GRASS 141 AREA EXISTING DUMPSTE INE M'LLS f3LVO- IGIRAPEV RIGHT-OF-VVAy VARIABLE WIE)TH RIG SIGN 00 D TYPE H 0-A its SIGN , < , TYPE E 4* LANE d6 4/ *A EXISTING GRASS AREA 4k 'SA /EX�TI G r 4* 4$f 4t* EXISTING /EXISTING BUILDING POLE (7-11) SIGN 3,042 SF ��,�„°,Q z�� ,� // SIGN TYPE, T 1, Av,7,1,/ 4P# PROJECT DATA I J 1. 7 2,"AC I T G A ING I G N 4 /'-FY P E EX � t4 SIGN 40P 11R\ 4P# 4P* () A\ 4�+ LANE AREA I BUILDING AREAl OCCUPANCY j1U,1%lllTGj PARKlN&jDPARKlNG BUILEDING I OPEN IIMSP&RglE REQUI , CO\j RAGE SPACE lAl 74 814 SF 3 042 SF I GASICONVENIENCE 18'-10" 1 21 36 1 41% 1 33459SFI 411,355SF MASTER PLAN APPLICANT: m m mm PROPERTY LINE SOS CONSTRUCTION 381 RIVERSIDE DRIVE, SUITE 300 FRANKLIN, TN 37064 OWNER: 7-ELEVEN, INC. NOT FOR CONSTRUCTION 3200 HACKBERRY RD. IRVING, TX 75063 CASE NUMBER CU23-33 3580 NORTH GRAPEVINE MILLS BLVD. LOT lAl BLOCK A, GRAPEVINE MILLS CROSSING AB. NO. 1715, J. GIBSON SURVEY CITY OF GRAPEVINE, DALLAS COUNTY, TEXAS 1.72 AC ACRES, ZONED "CC- COMMUNITY COMMERCIAL DISTRICT" DAY OF PREPARATION: 11/30/2023 'CASE NAWE 7-ELEVEN CASE NNMBER CM?l 'COATION 3N*NWhGrave —M,lllBlvd s:L'ORl", PLANNING AND ZONING CCRAIVISION Q) CHAIRTKAl OF — 07 APPROVAL DOES NOT A—ORIZE ANY WORK IN CO -LIFT WITH ANY CODES OR ORDINANCES PY-ANNINGSEPS-DE DEPARTMENT REVISIONS REIINO � DATE DESCRIPTION B MASTER RETAIL SITE PLAN & CONCEPT PLAN .0 sosu OBREN DESIGN I DRAWN I DATE � SCALE 02SHEET No 11 N,A OSA '2023 120 OF 03 LINE TYPE LEGEND DESCRIPTIaN aYM3QL EXISTING TO REMAIN EXISTING TO BE RELOCATED EXISTING TC BE DEMOLISHED/REMOVED NEW COASTS UCTtONIEQUIPMENT HE CONSTRUCTION/EQUIPMENT (BY OTHERS) !J" 7-ELEVEN CU23-33 1: 0.3580 N GRAPEVINE MILLS BLVD Conditional use permit CU23-33 is a request to amend CU19-02 (Ord. 2019-006) for a master site development plan for gasoline sales and off premise consumption of alcoholic beverages (beer and wine only) in conjunction with a convenience store. Specifically, to revise the floor plan to allow for a Laredo Taco Company restaurant within the existing 7- Eleven convenience store and gas station The entire site is the premise to the request APPLICANT SOS CONSTRUCTION 381 RIVERAIDE DRIVE, SUITE 300 FRANKLIN, TN, 37064 OWNER, 7-ELEVEN, INC 3200 FACKBERRY RD IRVING TX, 75063 �7- 7� 4 -0 4-2' FF 'ALOREDAO IAUU WINE 11 J�4� 7 -2 114 11 -33/4 S103 H1 4'- 6 1/2' PO W W -J 0 L L IL T - 9 14f ; 174 2- IF 70 -3' GENERAL CONSTRUCTION NOTES I FOR ADDITIONAL INFORMATION SEE SHEETS AD - 100 - DEMO LAYOUT PLAN QD- 1 00 - DEMO EQUIPMENT PLAN 2 COORDINATE DEMOLITION WITH GENERAL CONTRACTOR 3 COORDINATE WITH GO TO SCHEDULE CONSTRUCTION AND INTERRUPTION OF PLUMBING LVAC ELECTRICAL OR TELEPHONE SERVICE 4 VERIFY A,L EXISTING CONDITIONS AND DIMENSIONS DO NOT SCALE THE DRAWINGS ADVISE GENERAL CONTRACTOR OF ANY DISCREPANCIES DIMENSIONS ARE TO FACE OF GYPSUM DRYWALL UNLESS OTHERWISE NOTED WHERE NOTED AS'CLEAR DIMENSION IS TO FACE OF FINISH MATERIAL 5 MAINTAIN THE PREMISES AND SURROUNDING AREA FREE FROM (n z0 ACCUMULATION OF WASTE MATERIALS AT COMPLETION OF THE WORK REMOVE WASTE MATERIALS RUBBISH EQUIPMENT F- LU MACHINERY AND SURPLUS MATERIALS — 0 CL z z 6 PERFORM A FINAL CLEANING PRIOR TO ACCEPTANCE BY GENERAL CONTRACTOR CLEANING TO INCLUDE BUT NOT TO BE LIMITED TO 0 0 < REMOVAL OF DIRT STAINS MASTIC FINGERPRINTS AND OTHER L, C) FOREIGN MATERIALS FROM EXPOSED SURFACES CLEAN ALL >- E- INTERIOR WINDOWS SILLS AND MULLIONS X > - < W Lu LU Z 7 COMPLY WITH APPLICABLE LOCAL AND NATIONAL CODES AND LU W .6 0- ORDINANCES OBTAIN AND PAY FOR REQUIRED PERMITS AND D ¢ n INSPEC-nONS CO < C) 0- 8 AT AREAS WHERE NEW WALL CONSTRUCTION IS ALIGNED WITH LU w Co X 0 EXISTING WALLS PROVIDE A SMOOTH TRANSITION BETWEEN NEW AND EXISTING SURFACES to F- Lu < CL Er W 0 z 0 0 < z J 'IT OD 0 —J rC) C') CD z LO '0 —J LUr ZQD 00 z X cn JCT) 5; 1 W 'z 8 U-1 Ld 5 < W Z I, L—L (D LU o co < 0 oo < ') w u. x U) U) u) co c) Z < a" F-- Lij S WLJJ g Lo > 00f ED >IJJ Lij 0 U) and SEAL 7 STORE NUMBER 38156 SCALE ill, = V-0" DRAWN BY TFM CHECKED BY ZJN / ZJN DATE 8/112023 SHEET PROPOSED FINAL FLOOR PLAN CUP-23 SHEET A-101 - 1 03 OF 03