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Home My WebLink AboutORD 2004-033 _ 4 ORDINANCE NO. 2004-33 �:., 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 CU04-13 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-67, FOR EXPANSION OF A RESTAURANT WITH THE POSSESSION, STORAGE, RETAIL SALE, AND ON- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN A DISTRICT ZONED "GU" GOVERNMENT 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)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 ��. ry 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 ORD. NO. 2004-33 2 x�.� 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 No. CU04-13 to amend the site plan approved by Ordinance No. 2003-67 for a restaurant (TGI Friday's)with the possession, storage, retail sale, and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages), specifically to expand the consumption area in a district zoned "GU" Government Use District within the following described property: Columns 32 and 35, Terminal B, D/FW International Airport (1000 International Parkway) 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. 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. 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. �;,� ORD. NO. 2004-33 3 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. 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. 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 18th day of May, 2004. APPROVED: ��,� .� William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2004-33 4 LEV[SVILLE DALLAS I FORT WORTH � INTERNATIONAL i • ■ sM � � � ��r� � EB] ,N-33� ��, �H-3Y � � MAY 1 2 �Ofl4 � _ ,Z, ,,, � � EUIESS �� .'..... !83 �,RST DALLAS �R�� , �� °�� ' 0 GRAND PRAIRIE � 'BZO �60 6a � F�RT W❑RT ^��*�+ EXHI8IT ,�_� F�� -1.� Ot 7540 LBJ FREEWAY DALLAS, TEXAS 75251 STEVE ROTE TEL: 972-450-3685 FAX: 972-450-5501 IX-]SV IX-3Y IN-/S � I � � DALLAS — FT. WORTH I NTERNATIONAL AI RPORT � �� = f �� TERMINAL B — COLUMN LINES 32 — 35 4� . � �, � � mn � � � � • CARRELL � � ; �� ` ° CONSTRUCTION � pOOLE (� � , . � ACCESS PLAN .a. ? r � � � a - � YOST bashc� rl�hah �_^', � b . � � engineering architecture incorporated � ^��r`�° � �^� 5646 Milton Street consulting engineers � VR ,v S I TE iI� �`• Suite 888 Ff Dallas,Texas 75206 2520 fairmount street � LOCATIc�N 214.953.0042 dallas texas 75201 l �ea i� � O i�c <2� 4� �20—� oos 0 00 00 0 0000 214.953.0702 FAX •• m m� � O� c c arch.com A�� ! TERMINAL B www.cpyazch.com � � � CASE NAME:TGI FRIDAY'S � CzENERAL NOTES: CASE NUMBER:CU04-13 y � LOCATION: 1000 INTERNATIONAL PARKWAY, � I.PROPOSED USE FOR LEAS£ SPAGE IS RESTAUR4NTBAR � O O°�O °� TERMINAL B, 2.GONDITIO�dAL USE REC�UEST�OR TNE SALE,STORACsE,AND LOCATION 10A,COLUMNS 32-35 ON-PREMISE CONSUMPTION OF ALGOHOLIG BEVERACsES CBEER, WINE AND MIXED SEVERACsESJ. L ` 3.PREPARED SY CARRELL,POOLE AND YOST ARCHITECTURE, MAYOR SECRETARY „ E a a TIM R POOLE. S I TE V � �� DATE: , PLANNING AND ZONING COMMISSION LOCATION � . � � CHAIRMAN DATE: SHEET: 1 OF 3 �"� - - - - a: � ° APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. PROJECT LOCATION MAP DEPARTMENT OF DEVELOPMENT SERVICES EXN�BtT..�-To � ''�' � -.�� p� � of = w � � � I � 0 d , � � �;� �ii � � . � � ■� � � �� ,�� • �� / ,� .e O • ��s � � . \, �' ��1 � T61 \ DALLAS- FT WORTH � � �RI DAY'S I NTERNATIONAL � LEASE AIRPORT SPAGE TERMINAL B �--' /4�`b THE MFORA4ITION IN THESE CONSTRUCTION � DOCUMENTS IS CONFIDENiIAL AND SHAI.I � REMLIIN PROPRIETARY INFORMATION OF : PUBLIG RESTROOMS CARLSONRESTAURANTSWORLdMDEAND SMALL NOT BE DISSEMIN4TED TO THE PUBLIC OR FILED M ANY PUBLIC RECIX2D UNLESS REW IRED BY IAW. �y � � � ■ POOLEL '� � & YOST �� archite�ct�ure � � 56f6 Mil 5 � Suite 888 � CASE NAME:TGI FRIDAY'S °°"�T�g"'°� 314 95].OW] CASE NUMBER:CU04-13 ��°"'°'°�F��` �VY��PY�� wwr.cpyu�L.cam LOCATION: 1000 INTERNATIONAL PARKWAY � FOR MFORIMTION REGARDkJG TMESE DOCUMENTS CONTACT�.CARLSON RESTAURANTS TERMINAL B,LOCATION 10A woainwioe,on�us,nc�ssao�9nwsasaoo. � COLUMNS 32-35 _ °°•28'O3 �^T�� Ol/03/03 CQI1ppLf pOLV@R 911EPNiTAL �'� MAYOR SECRETARY Oe,,,,� �,� � � ovosia3 r.ow.us�rva,r DATE: � ov�vo-� �HSiaru osiivoa pEwSiora PLANNING AND ZONING COMMISSION MARK Dn-re DESGRIPTION ISSUE DATE: OS/11/04 i � . PROJEGT NO: 03024 CHAIRMAN GAD DWG FILE: DATE: � • DRAriN BY: SF `s._._.,�. GHEGKED BY: TRP � � SHEET TITLE SHEET: 2 OF 3 I APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES � � OR ORDINANCES. sr+eeT NuMBeR DEPARTMENT OF DEVELOPMENT SERVICES CASENUMBEft'. CUD!-t� CASE NAME�. iGi FRIpAYS CASEADORE55�. t0001NTERNATIONNLPPRMNA� TEftMINAt 8.LOCATKKJ 1W. � COLUMNS 3]-JS SHEEi 2 Of] . ' / i l� �� , `�� __ ; , - -- - - — - - - - - - -- — - - - -- - - - — — - - EXHIBIT PA TD - - -- - - - - - - - - - � ,� , i — — — — 9e ` , � �_ _� — ` � — — � ; . DRY gTOR�GE �°°� r _ __ � _—— _ _ _ _ . ... .. . . ' �l ualore sT ��r• 1 0 _— � � I — I I I ( I � DM� _ I I I � _ _ I I �"` I � --- � � � � - I I ' ' I I ,.., �lJ� LIQlORSERVIN6 � - IREA � ` O � .L - =--- - --- - - - -- _ _ --- I I �� .. � . .- � - "' _ t� -- " I I - _ __ _,._ . _ _ _ - _ - _. . � _ � , � __ m' �i _ . - ; , k� � . — - / , 2 — '__._ — � — — _ � - �'`r `,�� ' � _ _J � � � � — — � ,.� � — — a � '�'g'1 � ; . ; — �� - h �` �� I � roco DALLAS - FT WORTH � � � L J � m3 I INTERNATIONAL I \ � �sT� AIRPORT 'i �� \` ``` I� TERMINAL B ti I �� I CONDITIONAL USE REQUEST CU04-13 IS A ,„E,,,F�a,,,,,,T,a,�,,,E��«,�,�„�„�, �� REQUEST TO AMEND THE APPROVED FLOOR OOC1A1ENiS�°°"F�"'�"�""°�"'� �-� �, °000��=; �,�o RE�N��.�� ,m,� �0000_;;�,��o _ � c � �NO BETDlSSEMI�� PLAN OF CU03-39 ORD.03-67 FOR A � o00 � J 0 _ I RESTAURANT WITH THE POSSESSION� FGEDIN�NYPUBLICRECORDUNLESSREOUIRED �►� ___I Q� . �- --� STORAGE,RETAIL SALE,AND ON-PREMISE evUW � CARRELL � ��}� ��^��"'� _— — I � � � , CONSUMPTION OF ALCOHOLIC BEVERAGES � pOOLE __ – � (BEER,WINE AND MIXED DRINKS) 1 _ --- — �-- SPECIFICALLY TO EXPAND THE AREA OF � & YOST � - �� architecture � CONSUMPTION. S�µh�s�. s�,..� LE SE LINE °i1i:;s;.00,i06 211.951.ON1 FAX � — � CASE NAME:TGI FRIDAY'S =-'8"'�� CASE NUMBER:CU04-13 F°""`°""'""°"RE`'""a"�'"ES� � OOCUAEMS CONTACT:CARLSON RESTAURANTS . �� .-�---�� LEASE LINE LOCATION:1000 INTERNATIONAL PARKWAY YVOFL""�°ALAS'�"5J°°"'�N�S`°° 04/3H/03 y[�E}'N�(�yEW 3 TERMINAL B,LOCATION 10A o,�� u�u� COLUMNS 32-35 '�'R" oe.,,�� 2 �„�.� �.�� MAYOR SECRETARY 31 ov�vas FENyqNs DATE: °5�"�°` r�"'�' MARK DATE DESGRIPTION . PLANNING AND ZONING COMMISSION �`"'�E DATE: OS/11/04 PROJEGT NO: 03024 GAD DW6 FILE: DRAWN BY: SF CHAIRMAN GNEGKED BY: �P FLOOR PL?�N �.Fnse nr�.=a,3vo s.F. DATE: sH�-r rrr� 01 v C�ENER�4L NOTES: SGqLE: ��2^-��-0•• SEATING TOTAL=194 SEATS FLOOR � I.f'ROPOSED 115E FOR LEASE SPAGE IS RESTAURANT/BAR SHEET:_3_OF_3_ PLAN �� 2.CONDITIONAL USE REC]UEST POR THE SALE,S70RAGE,qND APPROVAL DOES NOT AUTHORIZE ANY � ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERACsES(gEER, SHEET NUMBER � � wwe aND Mixe� BeveRa�ESZ WORK IN CONFUCT WITH ANY CODES 3.PREPARED BY GARRELL,POOLE AND YOST ARGNITECTURE, OR ORDINANCES. TIM R.fi'OOLE. DEPARTMENT OF DEVELOPMENT SERVICES �^�NOA10ER ;�°°,� CASE NAME GI iR1OFY5 CASEADDRESS. tOWINTERNAT10NfLLPARNWAY . TERMINAL 8,LOCATIDN 10A. COLUMNS]2-]5 SHEET 3 Of] .