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HomeMy WebLinkAboutItem 02 - CU05-08 Chuck-E-CheeseCG ITEM it ;a' /0j z It `f TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGEFOV/ H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: MARCH 15, 2005 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU05-08 I I I I Grapevine1� �5;ry, APPLICANT: Alice Winters I Lake I Dove I i A �,� ' I.H.1635 PROPERTY LOCATION AND SIZE: The subject property is located at 2755 East Grapevine Mills Circle and is platted as Lot 5, Block FW Hall -Johnson syr ADP a 2, Grapevine Mills Addition, Phase 1. The addition contains 88,601 square feet and has approximately ' T--- 226 feet of frontage along Grapevine Mills Parkway L_I III - Glade Rd. _(F.M. 2499). REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the approved site plan of CU01-51 (Ord. 2001-78) for a planned commercial center in excess of 1,000,000 square feet of gross leaseable space specifically to allow the possession, storage, retail sale, and on -premise consumption of alcoholic beveracLes (beer, wine, and mixed beverages) in conjunction with an existing restaurant. The original conditional use permit (CU01-51) was approved by Council for the Chuck -E - Cheese restaurant at their October 16, 2001 meeting which allowed for an 11,949 square foot pizza -oriented restaurant in the outparcel area of the Grapevine Mills mall. A special use permit was also approved at that same meeting on the subject property (SU01-07) which allowed for the use of approximately 65 video/skill games of a non-violent nature geared towards families and children of all ages. With this request the applicant simply intends to have alcoholic beverages available for sale for the adult patrons of the restaurant. \ZCU\CU05-08.4 4 March 8. 2005 (3:10PM) PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District with a Planned Commercial Center in excess of 1,000,000 square feet of gross leasable space designation and is developed as the Chuck -E -Cheese restaurant. HISTORY OF TRACT AND SURROUNDING AREA: I The subject and surrounding property were rezoned in the 1984 City Rezoning from 1-1 ", Light Industrial to "HCO", Hotel/Corporate Office and "PID", Planned Industrial Development. The subject property was rezoned (Z95-13) to "CC", Community Commercial on October 17, 1995. The subject property was granted a Conditional Use Permit CU95-36 for development of a planned commercial center in excess of 1,000,000 square feet of gross leasable area and conditional use pole signs. The public entryway features were approved as an addenda (ADD96-01) to CU95-36 by Resolution 96-34. Conditional Use Permit CU96-26 (Ordinance 96-79) revised the site layout, the ring road configuration and access to residential properties to the west. Conditional Use Permits CU97-05 and CU97-06 (Ordinance 97-09, 97-11) allowed alcoholic beverage sales (Sega Gameworks) and amended the site layout. Special Use Permit SU97-04 (Ordinance 97- 10) allowed skill -oriented games in excess of eight (8) machines and two (2) billiard tables. CU97-13 (Ordinance 97-28) allowed for alcoholic beverage sales in conjunction with a restaurant (The American Wilderness Experience). CU97-18 (Ordinance 97-40) also allowed for alcoholic beverage sales in conjunction with a restaurant (Rainforest Cafe). CU97-29 (Ordinance 97-55) was approved by Council at the June 3, 1997 joint public hearing which allowed for signage for the entire Grapevine Mills Mall project including the outparcel areas. CU97-29 was later modified at the July 1, 1997 joint public hearing to provide for an 80 -foot entertainment globe (Ordinance 97-61). CU97-25 (Ordinance 97-57) was approved at the June 17, 1997 joint public hearing and allowed for alcoholic beverage sales in conjunction with a restaurant (Tres Hombres) located in the outparcel area. CU97- 36 (Ordinance 97-72) amended the site layout for the development of a retail use in the outparcel area (Michael's). CU97-42 (Ordinance 97-92) was approved at the August 19, 1997 joint public hearing and allowed the development of a retail tire store (Discount Tire) in the outparcel area. At the November 18, 1997 joint public hearing, a 38.255 acre Phase 2 development was incorporated into the overall Grapevine Mills Planned Commercial Center located to the southeast of the Mall proper across State Highway 26 and bordered also by the southbound service road of State Highway No. 121 and Bass Pro Drive (Bethel Road). Z97-22 (Ordinance 97-125) rezoned 11.825 acres from "PCD" Planned Commerce Development District and 26.43 acres from "HCO" Hotel/Corporate Office District to "CC" Community Commercial District for the development of Bass Pro Shops Outdoor World and Embassy Suites Hotel. CU97-60 (Ordinance 97-126) and CU97-61 (Ordinance 97- 127) incorporated Bass Pro Shops Outdoor World and Embassy Suites Hotel into the Grapevine Mills Planned Commercial Center and also allowed for on -premise consumption of alcoholic beverages and seven 40 foot pole signs. The November 18, 1997 joint public \ZCLACU05-08.4 2 March 7, 2005 (11:23AM) hearing also established CU97-62 (Ordinance 97-128) Rooms To Go, a 39,870 square foot retail furniture store; CU97-63 (Ordinance 97-129) Chick-Fil-A, a 3,822 square foot restaurant; and CU97-64 (Ordinance 97-130) which allowed for off -premise consumption of alcoholic beverages (wine only) for a lease space within the Mall proper. CU97-68 (Ordinance 97-147) was approved at the December 16, 1997 joint public hearing which allowed the development of a 3,855 square foot health care facility (Primacare) in the Phase 1, outparcel area. CU97-75 (Ord. 98-10) was approved at the January 20, 1998 joint public hearing which amended the signage plan for wall signage associated with outparcel tenants. CU97-76 (Ord. 98-11) was also approved at the January 20, 1998 joint public hearing which approved a 10,095 square foot restaurant (Cozymel's) in the Phase 1, outparcel area. CU98-03 (Ordinance 98-17) was approved at the February 3, 1998 joint public hearing, which approved an amended floor plan for Dick Clark's American Bandstand restaurant. CU98-07 (Ord. 98-40) allowed for on -premise consumption of alcoholic beverages in conjunction with a restaurant (Corner Bakery). CU98-21 (Ord. 98- 74) was approved at the June 16, 1998 joint public hearing which amended the floor plan for American Wilderness. Also approved with this request was a request by the Mills Corporation to extend to January 15, 1999 the temporary parking areas at Anchor Pads A and B. At the September 15, 1998 joint public hearing CU98-47 (Ord. 98-116) was approved amending the floor plan for Cozymel's in the outparcel area of the Grapevine Mills Mall. CU98-48 (Ord. 98-117) was approved at the same public hearing and established MJ's Chop House/Mason Jar—a dual concept restaurant with alcohol beverage sales in the outparcel area. Also, CU98-49 (Ord. 98-118) was approved at the September 15, 1998 joint public hearing which allowed for canopy extensions over the main entrance and ticket window areas of the AMC Theater complex at Grapevine Mills. CU98-57 (Ord. 98-130) was approved at the October 20, 1998 which allowed for the development of a Black -Eyed Pea restaurant with alcohol beverage sales in the Phase 1, outparcel area. At the November 17, 1998 joint public hearing Council approved CU98-59 (Ord. 98-135) allowing alcoholic beverage sales throughout the premises for "special events" at Sega Garneworks. CU98-63 (Ord, 98-151) was approved at the December 15, 1998 joint public hearing which allowed for a 6 -story, 121 -room hotel (AmeriSuites) in the outparcel area. CU98-79 (Ord. 99-17) was approved at the February 2, 1999 joint public hearing which allowed a revision to the floor plan for Sega Garneworks. At the March 23, 1999 joint public hearing, Council approved CU99-12 (Ord. 99-16) which allowed for a revision to Anchor "G" specifically a reduction in square footage from 35,790 square feet to 26,500 square feet for Iguana Ameramex. Council approved at the April 20, 1999 joint public hearing CU99-17 (Ord. 99-61) for a restaurant in the mail proper (Jekyll and Hyde) with on -premise alcoholic beverage sales (beer, wine, and mixed drinks). CU99-27 (Ord. 99-83) was approved at the May 18, 1999 joint public hearing which allowed for the construction of a partial stone wall With trellis along the rear elevation for Cozymel's. At the July 20, 1999 joint public hearing, Council approved CU99-41 (Ord. 99-109) for a 7,189 square foot restaurant (Bennigan's) with on -premise consumption of alcoholic beverages (beer, wine, and mixed drinks) in the Phase 1, outparcel area. Council considered and approved at the November 16, 1999 joint public hearing CU99-60 (Ord. 99-163) for a mail expansion for Anchor "A," CU99-61 (Ord. 99-164) an amendment to the parking layout for Rooms -To -Go, and CU99-63 (Ord. 99-165) a restaurant with on -premise alcohol beverage \ZCU\CU05-08.4 3 March 7, 2005 (11:23AM) sales (Trail Dust) in the outparcel area. CU99-71 (Ord. 99-178) was approved by Council at the December 7, 1999 joint public hearing and allowed for the development of a 4 -story, 105 -room hotel (Hawthom Suites), in the Phase 1 outparcel area of the Grapevine Mills Mall. Conditional Use Request C000-16 (Ord. 00-43) was approved at the April 18, 2000 joint public hearing which allowed for changes the exterior elevations of Anchor "A." Special Use Request S000-07 was approved at the June 20, 2000 joint public hearing allowing for 30 redemption/coin-operated games at the main (Texas) entrance of the Grapevine Mills Mall. Conditional Use Request C000-21 (Ord. 00-83) was approved August 15, 2000 and allowed for a 114 -room four story hotel immediately north of the AmeriSuites Hotel. Conditional Use Requests C000-67 and C000-68 were approved at the December 19, 2000 meeting and allowed for the development of a restaurant with a drive-thru window (Steak -n -Shake) and a business services/reproduction facility (Kinko's) in the outparcel area of the Grapevine Mills Mall. Conditional Use Request CU01-38 was approved by Council on July 17, 2001 and allowed for a 32,786 square foot expansion to the mall proper at what was known as the "Texas' entrance, for a Neiman Marcus retail concept known as "Last Call." Conditional Use Request CU01-51 and Special Use Request SU01- 07 was approved by Council at their October 16, 2001 meeting which allowed for a restaurant (Chuck -E -Cheese) with video games in excess of eight machines in the outparcel area of the Grapevine Mills Mall. A subsequent minor revision to the site plan for Neiman Marcus relative to the location of a power generator and landscape island was approved by the Site Plan Review Committee at their September 26, 2001 meeting. Conditional Use Request CU02-17 was approved by Council at their May 21, 2002 meeting and allowed for a 20 -foot pole sign for Rainforest Caf6 immediately south of Neiman Marcus "Last Call." Conditional Use Request CU02-16 was approved at the June 18, 2002 for and expansion of the mall proper to allow for the development of an indoor and outdoor skating park (ESPN Skate Zone). At that same meeting, Conditional Use Request CU02-21 was approved which allowed for an expansion of the alcohol consumption area to include the entire floor area within Sega Gameworks. Conditional Use Request CU02- 43 was approved at the October 15, 2002 meeting and allowed for a restaurant (Blue Goose) which modified the floor plan associated with the former Black -Eyed -Pea restaurant. Conditional Use Request CU03-14 was approved by Council at the May 20, 2003 meeting which approved modifications for the site plan associated with the Springhill Suites hotel in the outparcel area. Council approved Conditional Use Request CU03-19 at the July 15, 2003 meeting which allowed the development of a tunnel -based aquarium with the possession, storage, retail sale, and on -premise consumption of alcoholic beverages (beer, wine, and mixed drinks) in conjunction with a restaurant in the outparcel area of the Grapevine Mills Mall. At the December 16, 2003 meeting Council approved Conditional Use Request CU03-43 and Special Use Request SU03-06 to allow the possession, storage, retail sale, and on -premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant/dance club called Midnight Rodeo/Hondo's Grill and to allow the use of three pool tables. The concept was to be located in the spaces previously occupied by "Just for Feet" and comprised some 20,130 square feet; the request never moved beyond the initial planning stages. Council also approved Conditional Use Request CU03-47 at the December 16, 2003 meeting which allowed for a restaurant (Ritzy's) in the outparcel area of the Grapevine Mills mall. 1ZC11\CU05-08.4 4 March 7, 2005 (11:23AM) The H/A Grapevine Joint Venture property to the north and northwest of Anderson -Gibson Road was rezoned in 1985 as a part of the "Terra Tract" to "R -MF -1", Multifamily District, "R -MF -2", Multifamily District, "HCO", Hotel/Corporate Office, "Ll", Light Industrial, "CC", Community Commercial and "PID", Planned Industrial Development. The property never developed. The same property was recently rezoned (Z95-06); the actual zoning designations changed very little, but the deed restrictions and the letter of agreements changed a great deal. I Approximately 98 acres located to the east and the north (Billingsley tracts) were rezoned at the October 21, 1997 joint public hearing (Z97-15 and Z97-16, Ordinance 97-117 and 97-118 respectively) from "HCO" Hotel/Corporate Office District, "PID" Planned Industrial Development District, and "R-20" Single Family Residential to "CC" Community Commercial District and "BP" Business Park District (approximately 20 acres). SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "HCO," Hotel/Corporate Office, "R -MF -2," Multifamily & "PID," Planned Industrial Development - vacant and Cross Creek Ranch SOUTH: "HCO," Hotel/Corporate Office - Hilton Hotel and Austin Ranch EAST: "CC," Community Commercial - vacant; Fellowship of Las Colinas (east side of S.H. 121 North) WEST: "PID," Planned Industrial Development - Residences AIRPORT IMPACT: The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B, the following uses may be considered only if sound treatment is included in building design: multi family apartments, motels, office buildings, movie theaters, restaurants, personal and business services. Single family residential and sound sensitive uses such as schools and churches should avoid this zone. The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is in compliance with the Master Plan. yrs \ZCLACU05-08.4 5 March 7, 2005 (11:23AM) 1 inch equals 300 feet 1 1: Per ............. PEVT,�E �/ 1 1L \YJ °T $ X I S CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name Of applicant! agent.' CEC Entertainment, Inc. Street address or applicant/agent: 4441 West Airport Freeway, City / State / Zip Code of applicant / agent: Irving, TX 75062 Telephone number 0 applicant /agent: Faxnumber0 applicant /agent: 972/258-5523 972/258-5534 Applicant's interest in subject property: owner/operator of Chuck E. Cheese's PART 2. PROPERTY INFORMATION Street address or subject property 2755 East Grapevine Mills Circle Legal description Or subject property (metes & bounds must be described on 8 112" x 1 1 " sheet) See Attached Size of subject property 2.034 Acres 88,601 Square footage Present zoning classification: Proposed use or the property: SU01-07 and CU01-51 Existing Chuck E. Cheese's pizza restaurant and family entertainment center. Minimum /maximum district size for conditional use request: Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name Ot current property owner., CEC Entertainment, Inc. Street address Or property owner 4441 West Airport Freeway, City / state / Zip Code O property owner Irving, TX 75062 Telephone number O property owner.- Fax number O property owner.- 972/258-5523 972/258-5534 ❑ Submit a tetter describing the proposed conditional use and note the request on the site plan document ❑ in the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations (example: buffer yards, distance between users) the conditional use will, or will not cause substantial harm to the value, use, or enjoyment Of other ❑ In the same tetter, describe whether proposed property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment Of other property in the neighborhood. ❑ Application Of site plan approval (Section 47, see attached Form 'B). ❑ The site plan submission shall meet the requirements Of Section 4 7, Site Plan Requirements, and Section 45. E. 1/3 F7� n 7 Per ............. ❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff Based on the size of the agenda, your application may be scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. ❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ l have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Print Applicant's Name: Applicant's Signature: CEC Entertainment, Inc. By: Alice Winters, Asst Sec/Asst Treas. The State of Texas County of Dallas Before Me Cheri M. Hirsch on this day personally appeared Alice Winters (notary) (applicant) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) G _ day of January A.D. 2005 Y pu ''` Vc CHERI M. HIRSCH • ; Notary Public, State of Texas f, My Commission Exp. 08.19.2006 pOT Texas Notary to And For St Print Property Owners Name: Property Owner's Signature: I-- CEC Entertainment, Inc. By: �� t11i...TD The State of Texas Alice Winters, Asst Sec/Ass't Treas. County of Dallas Before Me Cheri M. Hirsch on this day personally appeared Alice Winters (notary) (property owner) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this day of January A.D. 2005 CHERI M.7HIR7SCHNotary Public. s Notary /n And ForMy Commission 006 r—C 7r f. J Per ............. ACKNOWLEDGEMENT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the a.4enda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. I have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. CEC aT=AINN=, INC. Signature of Applicant BY: &J J e•) L.t,U Alice Winters, Asst Sec/Treas Date: 4�c. � .1 oQ s CEC EN=AID MqT, INC. Signature of Owner By: QL.A2 wx c�&4� Alice winters, Asst Sec/Treas Date: q 005 6 February 7, 2005 Mr. Ron Stombaugh City Planner Development Services 200 South Main Street Grapevine, Texas 76051 Dear Mr. Stombaugh: CEC entertainment 4441 W. AIRPORT FRWY. IRVING, TEXAS 75062 (T) 972.258.8507 (F) 972.258.8545 Per, Alice Winters Director of Licensing Phone: 972-258-5523 Fax: 972-258-5534 Re: Chuck E. Cheese's #854 2755 E. Grapevine Mills Circle Grapevine, Texas 76051 CEC Entertainment, Inc. proposes to add beer and wine sales to the above referenced Chuck E. Cheese's, currently operating under Special Use Permit SU01-07, Ordinance No. 2001-79, allowing skill/coin operated games in excess of eight. Chuck E. Cheese's are known as a great place for family dining and are designed to amuse the entire family with activities for all. Chuck E. Cheese's are unique in the fact that no one under eighteen (18) years of age is admitted without a parent or guardian. Our adult customers tell us they like beer or wine with their pizza. In the competitive restaurant business, it is important to accommodate our adult guests. Chuck E. Cheese's is primarily a restaurants with 60 to 70% of gross revenues coming from food sales. Beer and wine will be served in clear plastic glasses (no pitchers); No advertising; One alcoholic beverage per person with ID per trip to order counter. All employees will be required to complete an Alcohol Awareness Training course as well as in-house training on the service of alcohol. The restaurant will continue to operate in a manner consistent with the standards expected by fellow retailers, residential neighbors and the City of Grapevine. The restaurant is on a pad site of the large Grapevine Mills and does not face residential property. The addition of beer and wine will meet the public's demand for convenience and necessity. Sincerely, a/ Alice Winters 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 CU05-08 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-78 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN THE OUTPARCEL AREA OF THE GRAPEVINE MILLS MALL IN A DISTRICT ZONED "CC COMMUNITY COMMERCIAL DISTRICT REGULATIONS 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 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 ORD. NO. 2 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. 110 CI-T�A 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. CU05-08 to amend the site plan approved by Ordinance No. 2001-78 for a planned commercial center in excess of 1,000,000 square feet of gross leasable space to allow for the possession, storage, retail sale and on - premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Chuck E. Cheese), in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 5, Block 2, Grapevine Mills Addition, Phase 1 (2755 East Grapevine Mills Circle) 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 ORD. NO. 3 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. 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 15th day of March, 2005. ATTEST: APPROVED AS TO FORM: ORD. NO. 4 .-�C�"..u7 i.s_T_ -I AaT'TT' "� -t,' LOT 1. OEM 3 70" 1F TAX S' 10.04% TED 49.236 S" 13.775 S 0. 66.272 ff - 96 SPACES tit SPACES MOiAEM LAT 1. FLOCK 2 10501 S' 26,742 S' 24.16% UNUA91E0 60.104 >F 17.735 9F 0. 9$646 S° - 139 SPACES 139 SPAO°S DISCOUNT TYLE, CDT 1. BLOCK 4 37.346 S 700 SF 20.62% 604T. 20170 SF 9.476 S'23 27.670 SF - 19 SPACES 27 SPACES ROOMS 10 C0. WT 2. BLACK 2 164.171 S' 39-70 V 21A5% 25'-8'86.676 SF 67.425 S' 31 126,746 SF - 205 (PACES 2oB SPACES CH1CK-4at-A. EOT 1. 6EAC1C S 53,7W S" 3A22 SF 7.11% 25 FT. 31,337 SF 16.610 S 35.159 SF - 31 (PACES 4T SPACES PmmACARE !dT 2. FLOCK 4 23,566 S: 3.655 S' 16.30% 25 FT. 13X14 SF 6.729 S' 16,669 SF 23 SPACES - 25 SPACES CO21M1AE1'S. LOT A FLOCK 2 177.M S' 9.429 SF 12.10% 30 FT. 40.461 S' 19.065;n 60.890 SF - 126 SPACES 126 SPACES COWE N CORRAL. SOT 4. BLOCK 2 $5.134 S' 10330 SF 12.10% 29'-6` 54AW SF 18.274 54AW SF 125 SPACES 143 SPACE`+ BLUE C006E F1511 COMPMY. EAT 3. FLOCK 4 S° S.9n OF 11.1% 33,390 SF 14.377 S° ,299 5F - 70 SPACES 70 SPACES At.705t6TES. tat 1. FLOCK 4 106.406 S' 13,551 SF 12.49% 60.322 SF 36A S S A73 S" - 126 SPACES t30 SPACES 11040GAN LOF 3. BLOCK 6 $Ziff S' .100 S' /15/% 30.670 Sr 13.405 IF 47,060 SF - 97 SMGtS 101 SPACES YRAA. DUST WTFAK MUSE. LOT 1R, BLOCK 3 10CM S' 14.004 14,01% 67.240 S' EMU S' VASY S' - 132 SPACES 139 SPACES HAWTHORN WYM LOT 2. K= 0 11U 9F 2! 962 S 1924% F7 45101 S 46 772 S 30.1 66063 S° 126 SPACES 128 SPACES S'RINGI#l1 suTE� tit 3 BLACK $ 104244 9F is e72 S is 66% 64-r 61,ffi7 SF 33.065 iF 66150 SF - is SPACES 114 SPACES STEAK-ft-9iMKF. LOT 4. BLOCK 5 6{,791 SF 3.Wo SF 7.08% 20.4 FT. 33,027 S' 17.84 7F .102) 37.707 SF - 45 SPACES 54 SPACES Taxol. LOT 4. BLOCK 4 47AW SF SAW SF 43.76% 27-4' 20512 SF 23.671 SK&UMV f 27.122 SF - 4t SPACES 35 SPACES *&,<X E CHEESE 4GT G. K= 2 84564 SF 11.949 SF $2.274 S' 14.366 16.21 74,213 S" - 146 SPACES 147 SPACES UNDERWATER TKYa6t LOT -4. BLACK s 44625. 40.99% 5Y-0 23.450 S' 27.177 27. 75 1 360 SPACES 380 SPACES • a+Tzm EAT x W.= 5 34950 $ -3-.4-72-V-a91% 24'-0^ 24216 SF I 10601 WWAR I M.UO SF - 42 SPACES 6o SPACES TVTMs %mmj N w zo%mf -w _ C x!71;:; ire►: a1�t•.,,.. lei �0 . .. ..- , 3. jog .� 0 -1 ar- ilii sr� • ON MALL PROPERTY CURW DATA TABLE LINE DATA TABLE RADIUS LENGM CHORD BErU21NG A Ci 34C 425 398 5553659 W 71W C2 3D.00r 47AX 42. S 650 14 W 90'00 C3 cr 4&1 146.W ' N 65'3534 W 06'34 24 C4 30 47.59 42.7 N 153128 W 90'53 C5 1458 41.64 33.6 N 4409 46 E 41 O6 58 219.89 219.1 • N BOSS 30 E 16 16 C7 756 001 24.9724.9 N 59'40 3 01 Oi LINE DATA TABLE a <s N *KNOWWALL K A0006 TO 1W GWT*C NO1F1F E OWDIM AK WN FROM FACE 10 ME COK ORDNFW= IfE; CfIMiER 2M, mm 23.64 -23.69. * 1115 : SURFACE AND IMAM WAWA OWES AIOINI G ALL 1EE 116OURFNL M OF 1K WKWE E ON DIM lOPOWFUT FLAN. SOL Ot0610N COMM OUD VAM 9499 SE � � �C�CL��3i7 �� 31• �. 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