HomeMy WebLinkAboutORD 2023-090ORDINANCE NO. 2023-090
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU23-31 TO ALLOW FOR THE POSSESSION, STORAGE,
RETAIL SALES OF ON- AND OFF -PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE AND MIXED BEVERAGES), OUTDOOR DINING, AND
OUTDOOR SPEAKERS IN CONJUNCTION WITH A
RESTAURANT AND CONVENIENCE STORE FOR WILLIAM
P. HERRING SURVEY, ABSTRACT 662, TRACT 1, 2, AND 3
(2500 OAK GROVE LOOP SOUTH, SUITE 200) IN A
DISTRICT ZONED "GU", GOVERNMENTAL USE 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 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.
Ordinance No. 2023-090 2 CU23-31
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 CU23-31 to allow the possession, storage, retail sales
of on- and off -premise consumption of alcoholic beverages (beer, wine and mixed
beverages), outdoor dining, and outdoor speakers in conjunction with a restaurant (Big
Daddy's Ship Store and convenience store) in a district zoned "GU", Governmental Use
District within the following described property: William P. Herring Survey, Abstract 662,
Tract 1, 2 and 3 (2500 Oak Grove Loop South, 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. 2023-090 3 CU23-31
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 this ordinance shall become effective from and after the date of
its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21st day of November 21, 2023.
APPROVED:
William D. Tate
Mayor
�-
�cn
Tara Brooks
City Secretary ` `
' Co £'
I ) 6 (j). R,
Matthew C.G. Boyle
City Attorney
Ordinance No. 2023-090 4 CU23-31
pe
0
u
O
I'1TIl,'_ U Ilt 1=1 - VF D
ItIC,,
E,
-0. F
1 4,
to
1— J1
�IFE
IH F'F, E
EF,
FT.
100,
— — — — — — — — — — — — -
— — — — — — — — — -
LAKE GRAPEVINE
,`OOP
0 op, LOCATION
_A
BUSHONG
0
WILCWOOD
00
Ae 00
A I k 00 0.- WO
IV
`A
G/
IC
Ae
A
HAIJ111111�,r
I I A F � , , -1, 14 \ I
AP� Al�'�f\_L ` L-'I:GAFT�,' AHI-.,��Ifl�_�-<
- _E
`11_:JHlf- a_ EI-Er-'J, AL E_.,J I,L_Lr Hd ale C'I[ Tk:'l rr, 1,h. -1,
FIE _,EMI -�IEE) E'Irl, PEA 11", "1, -DE II '11\1 I : r.
A -I_ H E,_1 P" '�T EE ll <F_EkE-)
EHI I'l ,I--J -HE
OFE1, CIFA-E -[- RE �EFII1T_,'[/L EE I'l -_iFG11,"E --IE
arl, 1, -_ 1¢NAHE
-IE ,'II'r FE0 CF --E, ZC'I1'1C-CR'HHAI,_ 'r:
J - L_J t IIP,A- -I, ITH I. 5i` CH
JHLESA --EL_IrJL-,=._I_l E,!E�IEG.
H`_L EET TH
o' -HE Zlld'l=, —L HAI E �IHF , CO'lFt,-EHT
F1,A_ -EF I
vea ELIT:_1 1,� PEP� - 1--] EJL:..,1'13
�LI,-IT� EL--1.AL
F, I'l0l' �, RC, 1,11"
I, r, Si A_ TI-E __1 H'h OP-1
_tICf-E =H-; 11,-FTI:J_I,TE rl,=ITEvZ HAllEP_ 9p� r[_,I,E
_IZI\1L1 , -E-1 -L, T_1-1,: /-I0 '1-1'1r).` I 1AIILRr 0-ILF,
t'l- I'T' I'l IAH. SI
T tl FEGbIREL-- E' 15TINHI
"E Ft,' 1 11 F,'-,'- RAI,- I I'll-,;
AFEA-, PF FFa,.r;
iA_E_�R, :I-_ t-,'
11 1 /,RFA
05 -31 /, I ES
91,=T 1-1 1( k EL 1. F, I,(!
.1"C'l 5T -0-A_ 1255
EJ L:=I6 AI _/
SF - 0- E.- I E'=`,
:D16k
H 4,
1, A
I E FER I FEOL,,- NL,
P-1
F,I-F I A:
E' T , -,� r H
F,
FL F 3.D
FAFI` I'll E'00
_(H_
F-F-
`_
Er -I\- ITI-II-)"R
ET t- I
�_FEF
f-CL
IIC� t q1EFI A
-A-
Propert Owner:
N= n,
S_tt,a Marina at Lake Grapevine, Ltd
N
00 W Central Expy. Ste, 400
'L, 5 1,
F
Richard— T 15081
469-95-5002
Jhogg@w.tAryirAvTodrmX.HXP
THE PURPOSE OF CONDITIONAL USE PERMIT
CU23 31 IS 10 ALLOW I HL POSSESSION,
STORAGE, RETAIL SALE OF ON AND OFF PREMISE
CONSUMPTION OF A] COHOI IC BEVERAGES
(BEER WINE, AND MIXED BEVERAGES)
OUTDOOR SPEAKERS, AND OUTSIDE DINING IN
CONJUNCTION WITH AN EXISTING RESTAURANT.
CASE NAME: '.-j h1p t,
CASE NUMBER: I J-'3__;
LOCATION: �, ck
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET. OF
APPROVAL DOES NOTAUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
Planning Sara— Depaftmort
Site Plan
I.
Big Daddy's Ship Store
Willi.. P Hooting Survey
Abstract No. 662
City of Grapevine, Tenant County Texas
105,33 acres
Zone: 'GU" Government Use District
Date of Pom—b— September 29,2023
COREY REINAKER AIA
41 6 4 0 6 3 o_1
.0 ARc
6
C)
CL
0
0 z;;
>
0
LLj
Z
0 Lu
CL
Ln
2 C-4
a
E, - 1,= J7,J-P— L
Z
ofLU
LU
cc
0
J
I
PH
O
E- � E 2F -'-I<
15-2'
--------- --- -
sIIP4= CJAF[1A11-
I-
':,TI'I:--IAFEoAIL
1-1 - 4'
E E"
_j
4 11 1 2"
---------------------------------------
OR
-E1
- - - - - - - - - - - -
LAKE GRAPEVINE
F '0& - - - - - - - - - - - -
DR. -'T
OC\," GP�Q -- - - - - 00'
BUSHONG
WILDWOOD
E-I'�.-I,=ETE— --FE P,�1- AEC�=
F
1000-, 5H A -'If - A"- 4:
J--OCIP FIAT l- AFEA 2111,
_TC1-0-
IFA'IT L:
LAFJEF '4 SE,
L T"17' '�'vF -Elk EF-
I INIE PA'k- -::11 Ld! HIT�I
A �F IT f- -E,
- - - - - - - - - - - - - - - - - - - -
0 F-1
T:JiD,1
-1
0(
L
",J' I;A' frAI'l - 12AI'l
FF EP IIEF it
E -AFILE
_AE FAE
'-E -E -[ESI;A- -111 2A'I
6.
------------
-A- "it I -it
FAIL
Lj A I I F`ToA, BAH 12A I
-N-EPU POSE OF CONDITIONAL USE PERMIT
ec
CU23 31 IS 10 ALLOW I HE POSSILSSION,
I Lr- STORAGE, RETAIL SALE OF ON AND OFF PREMISE
�52 -10 F, 0 CONSUMPTION OF COHOI BEVERAGES
(BEER WINE, AND MIXED BEVERAGES)
OUTDOOR SPEAKERS, AND OUTSIDE DINING IN
F CONJUNCTION WITH AN EXISTING RESTAURANT.
PA A
-TT- c,T� F'41— CASE NAME:
15 -F CARE NUMBER: I J-'3-f
LOCATION: 25C,., l-,,
4-
MAYOR SECRETARY
-I-
DATE:
L
PLANNING AND ZONING COMMISSION
A-, I-111
CHAIRMAN
DATE:.
_TEA,f-ER
SHEET 2 OF
APPROVAL DOES NOT AUTHORIZE ANY WORK
k' -7 J T Nz�D IN CONFLICT WITH ANY CODESOR
ORDINANCES.
Planning Services Department
Floor Plan
EL., I: to
Big Daddy's
Ship Store William P Herring Survey
Abstract No 662
City of Grapevine, Tarrant County Texas
105.33 acras
Zone: "GU" Government Use Drp-t
Rate of Preparation: September 27, 2023
COREY REINAKER AIA
6 4 2 6 4 0 6 3
6
C)
CL
0
0 z;;
i (Z>
LU
>
0
Ld
Z
OW
CL
ry C)
Ln
-6 C-4
A2