HomeMy WebLinkAboutCU2022-31
CU22-31.4 1
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES
MEETING DATE: AUGUST 16, 2022
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU22-31, DUTCH BROS.
COFFEE
APPLICANT: Chris Biggers, Dunaway Associates,
LLC.
PROPERTY LOCATION AND SIZE:
The subject property is located at 3115 Ira E. Woods
Avenue and is platted as Block 1, Lot 2RA, Mustang
Square Addition. The addition contains 1.074 acres
and has approximately 188 feet of frontage along Ira
E. Woods Avenue.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU21-16 (Ord. 2021-54) to allow for a restaurant with drive through, outside dining,
outdoor speakers and a 20-foot pole sign, this request is specifically to allow a 950 square
foot restaurant with drive through, outside dining, and outdoors speakers.
The applicant intends to construct a 950 square foot Dutch Bros. Coffee restaurant with a
drive through, outside dining, and two outdoor speakers. The drive through is proposed
adjacent to the east property line. Eight outdoor seats are proposed adjacent to the west
elevation. Access to the site will be provided by an existing driveway on Mustang Drive and
a proposed driveway at the northeast portion of the site adjacent to the east property line. A
bypass lane used for exit only is proposed adjacent to the south property line. Total
required parking is 10 parking spaces; 16 parking spaces are provided. One outdoor
CU22-31.4 2
speaker is proposed in the outdoor seating area and one additional outdoor speaker is
proposed in the drive through lane. The outdoor speakers’ hours of use will coincide with
the operating hours of the restaurant from 6:00 a.m. to 10:00 p.m. and are intended to
provide ambient background music for the patrons.
PRESENT ZONING AND USE:
The property is currently zoned “CC”, Community Commercial District and is undeveloped.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject site was rezoned in 1984 from “R-1”, Single Family Dwelling District to “CC”,
Community Commercial District.
• On October 19, 2021, City Council approved CU21-16 (Ord. 2021-54) to develop a
Sonic Drive-In restaurant with drive through, outside dining, and outdoor speakers
however, it’s approval included a condition that the pole sign be removed and a
monument sign be used in its place. The Sonic Drive-In was not developed, and the
site remains undeveloped.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: City of Southlake
SOUTH: “CC”, Community Commercial District and “R-MF-1”, Multi-Family
District – multi-tenant retail development, Pride Academy, Subway
and Timberline Condominiums.
EAST: “CC”, Community Commercial District – multi-tenant retail
development, Pride Academy, and Subway.
WEST: “CC”, Community Commercial District – Starbucks and 7-Eleven.
AIRPORT IMPACT:
The subject tract is not located within any zone of effect as defined on the "Aircraft Sound
Exposure: Dallas/Fort Worth Regional Airport Environs" Map.
MASTER PLAN APPLICATION:
Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property
as a CO-Commercial land use. The applicant’s request is compliant with the Master Plan.
CU22-31.4 3
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Mustang Drive a Type D Minor Arterial with a 75-right of
way currently developed as four lanes. Ira A. Woods (State Highway 26) is designated as
a Type A Major Arterial with a width to be determined by TxDOT.
/mz
O:\ZCU\2022\CU22-31 Dutch Bros\CU 22-31.1.docx
Email a PDF of the revised plans by June 30, 2022 at 12:00 p.m. to emarohnic@grapevinetexas.gov/
atriplett@grapveinetexas.gov/ mzahir@grapevinetexas.gov. Verify that all text is legible on an 11”x 17”
sheet. Do not reproduce final copies requested below prior to Planning Staff approval.
PROJECT DESCRIPTION: CU22 -31; Dutch Brothers Coffee – submitted by Dunaway Associates
LLC for property located at 3115 Ira E Woods Avenue and platted as Block 1, Lot 2R, Mustang
Square Addition. The applicant is requesting a conditional use permit to allow for a 950 square
foot restau rant with drive through, outdoor dining, and outdoors speakers. The property is
zoned “CC” Community Commercial District and is owned by CG Mustang LLC.
PLANNING SERVICES
All Sheets
• Confirm that all sheets are legible on 11x17.
• Number each sheet per example below:
o Sheet 1 of 7; Sheet 2 of 7; Sheet 3 of 7; etc. Per the site plan checklist.
o Please include sheets in this order: 1. Dimensional Control Plan, 2. Landscape Plan, 3.
Building Elevation Plan, 4. Grading Plan, 5. Utility Plan, 6. Drainage Plan, 7. Photometric
Plan.
• List zoning as “CC” Community Commercial District” in Title Block.
• Add Title Block per site plan checklist.
• Correct Department of Development Services to “Department of Planning Services” in the
signature block.
• Add case name (Dutch Brothers Coffee) and case number (CU22-31) to signature block.
Dimensional Control Site Plan – Sheet #
• Revise purpose statement to state the following: “The purpose of conditional use permit CU22-
31 is to allow for a 950 square foot restaurant with drive through, outside dining, and outdoor
speakers.”
• Dimensional control plan and plat must match. Review and revise accordingly.
CU22-31 JUNE 15, 2022
DUTCH BROTHERS COFFEE 3115 IRA E WOODS AVENUE
MUSTANG SQUARE ADDITION, BLOCK 1, LOT 2R
Site Plan/Landscape Plan/Photometric Plan/Façade Plan (example)
for
Project Name
Lot X-Y, Block X, SUBDIVISION NAME
Ab. No. ZZZ
City of Grapevine, Tarrant County, Texas
X.X acres or XX sq. ft.
Zone: “LI” Light Industrial (EXAMPLE)
Date of Preparation: January 17, 2022 (EXAMPLE)
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• Are on-premise signs proposed? If so, note that pole signs and signs with changeable copy in
excess of 30% require a conditional use permit. If you plan to have on- premise signage show
the location and label accordingly. Also, on-premise signage must be 10’ from all property lines.
Dimension from nearest property line.
• Include location and quantity of outdoor seating.
• Remove all landscaping, including boulders.
• Remove portable drop off donation box from plan and label.
• In the notes add, “Lighting shall be designed to reflect away from in adjacent residential.
• In the notes, for # 1 remove “outdoor storage.”
• Provide a second point of vehicle access.
• Show improvements within 50ft of all property lines.
• In the site plan data table include required and proposed. Please find the Site and Landscape
Data Tables here
• Include percentage of impervious and pervious areas along with sq. ft. in the site plan data
table.
Landscape Plan – Sheet #
• Revise purpose statement to state the following: “The purpose of conditional use permit CU22-
31 is to allow for a 950 square foot restaurant with drive through, outside dining, and outdoor
speakers.”
• Landscape Data Chart
o Include total landscape area, required is 20% of the total lot area.
o Include gross parking area in Interior Landscape section.
o Correct “very” to read “every” in the Interior Landscape section.
o Provide lineal feet of the property lines in the Perimeter Landscape section.
o In the Perimeter Landscape section note the required and provided of total perimeter
trees.
o Correct 15% of site to be landscape required “4636 SF” to “7,016 SF.”
o Change Open Space section title to “Non-Vehicular Open Space.”
o Correct or explain the 30,906 SF in the Open Space section.
• Plant Schedule Chart
o Include all abbreviations for plants as noted on the plan in the Plant Schedule Chart.
• Landscape Plan
o All vehicle use areas shall be screened with perimeter landscaping from adjacent
property lines. Review and revise to include shrubs accordingly.
o If on-premise signage will be present, include on landscape plan accordingly.
o Remove boulders.
o Label refuse container enclosure.
o Remove “Towing Enforced Sign” label.
o Remove drop-off donation boxes.
o Adjust from property landscape setback to 25’.
Building Elevations – Sheet #
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• Include signature block.
• Provide uncolored, unshaded, 2-dimensional black lines in lieu of colored elevations.
• Include graphic scale.
• If rooftop and/or ground equipment is proposed depict how it will be screened from public
view.
• Include #2 from Notes on Dimensional Control sheet on Building Elevation sheet.
• Change “Left Elevation” label to “East Elevation.”
• Change “Rear Elevation” label to “South Elevation.”
• Change “Right Elevation” label to “West Elevation.”
• Change “Front Elevation” label to “North Elevation.”
• Provide elevation of light fixture and base (shall not exceed 24’).
• Provide graphical representation of outdoor chairs and tables.
• Provide graphical representation of speakers. Also, notate hours of use and purpose of speakers.
• If on-premise pole signs and/or signs with changeable copy in excess of 30% are proposed, then
provide elevation and area of the sign.
Photometric Plan – Sheet #
• Add the following note: Signage was included in the determination of the illumination levels.
• Footcandles at the property line shall not exceed 3.0. Review and revise accordingly.
• Include bold outline of property line.
PUBLIC WORKS
Contact Paul Lee - Civil Engineer, Elizabeth Reynold EIT or Cristin Turner (Platting) – Civil
Engineer at 817.410.3136 for the following comments:
• Access easement needed for sidewalk.
• See if the cleanout leaded to a manhole. Manholes are required for all commercial services.
• If secondary access is required, the intersection needs to be shown and geometry needs to be
used to prevent entry.
BUILDING SERVICES
Contact Don Dixson – Building Official at 817.410.3165 or ddixson@grapevinetexas.gov to
discuss the following:
• Exterior signage is by separate permit application submittal.
FIRE MARSHALL
Contact Bryan Parker - Fire Marshal at 817.410.4420 or bparker@grapevinetexas.gov for the
following comments:
• No comments.
PARKS
O:\ZCU\2022\CU22-31 Dutch Bros\CU 22-31.1.docx
Contact Kathy Nelson – Capital Improvements Program Manager at 817.410.3394 or
knelson@grapevinetexas.gov to discuss the following:
• No comments.
____________________________________________________________________
Email a PDF of the revised final plans by June 30, 2022, at 12:00 p.m. to
emarohnic@grapevinetexas.gov/atriplett@grapveinetexas.gov/mzahir@grapevinetexas.gov. Verify that
all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning
Staff approval.
Please direct all questions to Erica Marohnic, Albert Triplett, or Marium Zahir at (817) 410-3155.
The above comments must be reflected in the revised final submittal, for the next public
hearing. Submit revised final submittal to the Planning Services Department at 200 South
Main Street.
The revised final submittal shall include:
One blackline copy of each sheet, (minimum size 22” x 34”)
One colored rendering of the landscape plan without text
Thirty (30) reduced sorted (collated sets) copies at 11" x 17" three hole punched, stapled and z-
folded (fold the right edge to the left edge and then fold the right edge in half to form a z-
fold).
O:\ZCU\2022\CU22-31 Dutch Bros\CU 22-31.1b.docx
Email a PDF of the revised plans by July 15, 2022 at 12:00 p.m. to emarohnic@grapevinetexas.gov/
atriplett@grapveinetexas.gov/ mzahir@grapevinetexas.gov. Verify that all text is legible on an 11”x 17”
sheet. Do not reproduce final copies requested below prior to Planning Staff approval.
PROJECT DESCRIPTION: CU22 -31; Dut ch Brothers Coffee – submitted by Dunaway Associates
LLC for property located at 3115 Ira E Woods Avenue and platted as Block 1, Lot 2R, Mustang
Square Addition. The applicant is requesting a conditional use permit to allow for a 950 square
foot restaurant with drive through, outdoor dining, and outdoors speakers. The property is
zoned “CC” Community Commercial District and is owned by CG Mustang LLC.
PLANNING SERVICES
General Note
• Provide a separate sheet that includes depictions of outdoor tables and chairs, outdoor speakers
with a purpose statement included, and the outdoor screening enclosure not to exceed 8 foot
with dimensions included.
a. Purpose statement for outdoor speakers to state, “The purpose of the outdoor speakers
is to provide ambient background music during business hours from 6 a.m. to 10 p.m..
Volume will not exceed permissible sound level at the property lines.”
Dimensional Control Site Plan – Sheet # 1
• Label 10’ Utility Easement adjacent to Ira E Woods Ave.
• Your response stated, “Monument sign will be provided at min of 10’ from all property lines.
Elevation is provided on sheet 3 of 7.”
o However, monument sign elevation is provided on sheet 3 of 7. Furthermore, location
of monument sign needs to be shown and labeled on sheet 1 of 7- Dimensional Control
Plan.
• Depict four (4) seats around each tables shown and include 8 total outdoor seats in note #18.
• Improvements within 50ft of all property lines
o Label existing improvements show as existing improvements
o Adjust transparency of existing improvements to make more visible
Landscape Plan – Sheet # 2
• Include perimeter dimensions to match the Dimensional Control Plan
• Show on-premise monument sign location
• Adjust north property landscape setback to 25’ (labeled as 20’)
• Landscape Data Chart
o Review and revise Interior Landscape Section including the Gross Parking Area
o Review and revise if needed the 30,906 SF in the Non-Vehicular Open Space section.
CU22-31 JULY 8, 2022
DUTCH BROTHERS COFFEE 3115 IRA E WOODS AVENUE
MUSTANG SQUARE ADDITION, BLOCK 1, LOT 2R
O:\ZCU\2022\CU22-31 Dutch Bros\CU 22-31.1b.docx
Building Elevations – Sheet #
• Include Note #2 from the Dimensional Control Plan sheet on the Building Elevation Sheet
Photometric Plan – Sheet #
• Show location of the monument sign
PUBLIC WORKS
Contact Paul Lee - Civil Engineer, Elizabeth Reynold EIT or Cristin Turner (Platting) – Civil Engineer at
817.410.3136 for the following comments:
• Access easement needed for sidewalk.
• See if the cleanout leaded to a manhole. Manholes are required for all commercial services.
• If secondary access is required, the intersection needs to be shown and geometry needs to be
used to prevent entry.
BUILDING SERVICES
Contact Don Dixson – Building Official at 817.410.3165 or ddixson@grapevinetexas.gov to discuss
the following:
• Exterior signage is by separate permit application submittal.
FIRE MARSHALL
Contact Bryan Parker - Fire Marshal at 817.410.4420 or bparker@grapevinetexas.gov for the
following comments:
• No comments.
PARKS
Contact Kathy Nelson – Capital Improvements Program Manager at 817.410.3394 or
knelson@grapevinetexas.gov to discuss the following:
• No comments.
____________________________________________________________________
Email a PDF of the revised final plans by July 15, 2022, at 12:00 p.m. to
emarohnic@grapevinetexas.gov/atriplett@grapveinetexas.gov/mzahir@grapevinetexas.gov. Verify that
all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning
Staff approval.
Please direct all questions to Erica Marohnic, Albert Triplett, or Marium Zahir at (817) 410-3155.
The above comments must be reflected in the revised final submittal, for the next public
hearing. Submit revised final submittal to the Plan ning Services Department at 200 South
Main Street.
O:\ZCU\2022\CU22-31 Dutch Bros\CU 22-31.1b.docx
The revised final submittal shall include:
One blackline copy of each sheet, (minimum size 22” x 34”)
One colored rendering of the landscape plan without text
Thirty (30) reduced sorted (collated sets) copies at 11" x 17" three hole punched, stapled and z-
folded (fold the right edge to the left edge and then fold the right edge in half to form a z-
fold).
CU 22-31.1c 1
Email a PDF of the revised plans by Thursday July 28, 2022 at 12:00 p.m. to
emarohnic@grapevinetexas.gov/ atriplett@grapveinetexas.gov/ mzahir@grapevinetexas.gov. Verify
that all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to
Planning Staff approval.
PROJECT DESCRIPTION: CU22 -31; Dutch Brothers Coffee – submitted by Dunaway Associates
LLC for property located at 3115 Ira E Woods Avenue and platted as Block 1, Lot 2R, Mustang
Square Addition. The applicant is requesting a conditional use permit to allow for a 950 square
foot restau rant with drive through, outdoor dining, and outdoors speakers. The property is
zoned “CC” Community Commercial District and is owned by CG Mustang LLC.
PLANNING SERVICES
Dimensional Control Site Plan – Sheet # 1
• Add building footprint dimensions
• Dimension building to north property line
• Update proposed monument sign to an unshaded two-dimensional black line drawing
• Update # 18 in the Keynotes to also state, “8 total outdoor seats.”
Landscape Plan – Sheet # 2
• Label on-premise monument sign accordingly.
• Adjust north property landscape setback to 25’ (labeled as 20’)
• Landscape Data Chart
o Contact Marium and Albert at 810-410-3154 to discuss/clarify Landscape Section
including the Gross Parking Area
Equipment/Enlarged Cooler/ Fire Life Safety Plan – Sheet # 4
• Rename sheet to Speaker Plan.
• Remove Enlarged Cooler Plan and Cooler General Notes.
• Remove contractor notes from the plan drawing and the General Notes (do not remove #10
purpose statement).
• Show and label speakers on the plan drawing.
• Add graphical depiction of outdoor speakers.
• Add graphical depiction of outdoor tables and chairs.
PUBLIC WORKS
Contact Paul Lee - Civil Engineer, Elizabeth Reynold EIT or Cristin Turner (Platting) – Civil Engineer at
817.410.3136 for the following comments:
• Access easement needed for sidewalk.
• See if the cleanout leaded to a manhole. Manholes are required for all commercial services.
CU22-31 JULY 22, 2022
DUTCH BROTHERS COFFEE 3115 IRA E WOODS AVENUE
MUSTANG SQUARE ADDITION, BLOCK 1, LOT 2R
CU 22-31.1c 2
• If secondary access is required, the intersection needs to be shown and geometry needs to be
used to prevent entry.
BUILDING SERVICES
Contact Don Dixson – Building Official at 817.410.3165 or ddixson@grapevinetexas.gov to discuss
the following:
• Exterior signage is by separate permit application submittal.
FIRE MARSHALL
Contact Bryan Parker - Fire Marshal at 817.410.4420 or bparker@grapevinetexas.gov for the
following comments:
• No comments.
PARKS
Contact Kathy Nelson – Capital Improvements Program Manager at 817.410.3394 or
knelson@grapevinetexas.gov to discuss the following:
• No comments.
____________________________________________________________________
Email a PDF of the revised final plans by Thursday July 28, 2022, at 12:00 p.m. to
emarohnic@grapevinetexas.gov/atriplett@grapveinetexas.gov/mzahir@grapevinetexas.gov. Verify that
all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning
Staff approval.
Please direct all questions to Erica Marohnic, Albert Triplett, or Marium Zahir at (817) 410-3155.
CU22-31
DUTCH BROS COFFEE
NOTICE OF PUBLIC HEARING
GRAPEVINE CITY COUNCIL AND
PLANNING AND ZONING COMMISSION
Because you are a property owner within 200 feet of the subject tract of land as
shown by the last City-approved tax rolls, you received this notice. If you cannot or
do not wish to attend the hearing, the attached form is provided for your
convenience. If owners of more than 20% of the property within 200 feet of the
subject tract object to the case, a 3/4 vote of the City Council is required to approve
the request.
Purpose of Request:
submitted by Dunaway Associates, LLC for property located at 3115 Ira E. Woods Avenue
and proposed to be replatted as Block 1, Lot 2R, Mustang Square Addition. The applicant
is requesting a conditional use permit to amend the previously approved site plan of CU21-
16 (Ord. 2021-54) to allow for a restaurant with drive through, outdoor dining, outdoor
speakers and a 20-foot pole sign, this request is specifically to allow a 950 square foot
restaurant with drive through, outdoor dining, and outdoors speakers. The property is
zoned “CC”, Community Commercial District and is owned by CG Mustang, LLC.
A copy of the site plan is on file with the Department of Development Services or online
with the City Council packets at https://grapevinetexas.gov/89/Agendas-Minutes 72 hours
prior to the meeting.
Hearing Procedure:
When: 7:30 PM, TUESDAY, AUGUST 16, 2022
W hat: JOINT PUBLIC HEARING GRAPEVINE CITY COUNCIL
& PLANNING AND ZONING COMMISSION
Location: PUBLIC HEARING: COUNCIL CHAMBERS, 2nd FLOOR
COMMISSION'S DELIBERATION SESSION, 2nd FLOOR
200 S. MAIN STREET, GRAPEVINE, TEXAS
Applicant and Other Speakers' Presentation.
Public Input, Neighborhood Associations, Property Owners within 200 feet, Interested
Citizenry.
Questions from City Council and Planning and Zoning Commission for Applicants, City
Staff and Guests Present.
E D U C A T I O N
C E N T E R A D D N
N O 3
1 1 0 5 8MUSTANG
P L A Z A
2 7 1 0 6 M U S T A N G
S Q U A R E
2 7 1 0 6 H
T I M B E R L I N E
C O N D O S
4 2 2 1 3 C
M U S T A N G
S Q U A R E
2 7 1 0 6 H
E D U C A T I O N
C E N T E R A D D N
N O 3
1 1 0 5 8
7 .4 4 9 @
1.067 @ 3.164 @
1.067 @
3.164 @
.438.993 @
1
1
1
T R 2
TR
1C1TR 3
2R1 1 R1
1R
2R1
1R1
1R
GU
GU
R-MF-1
CC
M US TANG D R
PRIVATE DR
IRA E W O O DS AVE
CU22-31DUTCH BROS COFFEE
0 50 100 150 200
Feet
²
Date Prepared: 7/27/2022 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were
used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is
given or implied as to the accuracy of said data.
SUBJECT
SITE
CU22-31
DUTCH BROS COFFEE
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM
ON MONDAY, AUGUST 15, 2022.
Procedure to Respond:
As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I
(approve) (protest) and/or (have the following comments)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________________________________________________________
Printed Property Owner Name and Address, or Lot, Block and Subdivision:
________________________________________________________________________
________________________________________________________________________
Signature:______________________________________(Phone No.)________________
Printed Name of Signee: ______________________________ Title: _________________
Telephone: (817) 410-3155
Direct questions and mail responses to:
Planning Technician
Planning Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
CG MUSTANG LLC
1901 N AKARD ST
DALLAS, TX 75201
CU22_31_072722_115651AM Labels - Count: 7
Page 1
HAMCO REALTY GRAPEVINE LLC
3825 CAMP BOWIE BLVD
FORT WORTH, TX 76107
CU22_31_072722_115651AM Labels - Count: 7
Page 1
HIGH SEVEN PARTNERS LLC
10325 MATEO TRL
IRVING, TX 75063
CU22_31_072722_115651AM Labels - Count: 7
Page 1
MUSTANG EXCHANGE PROPERTY LLC
500 E 4TH ST STE 303
AUSTIN, TX 78701
CU22_31_072722_115651AM Labels - Count: 7
Page 1
REGIONAL RAIL ROW CO
PO BOX 660163
DALLAS, TX 75266
CU22_31_072722_115651AM Labels - Count: 7
Page 1
TIMBERLINE PARTNERS LP
6529 PRESTON RD STE 100
PLANO, TX 75024
CU22_31_072722_115651AM Labels - Count: 7
Page 1
CU22_31_072722_115651AM Labels - Count: 7
Page 1
ORDINANCE NO. 2022-053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU22-31 TO ALLOW FOR THE DEVELOPMENT OF A 950
SQUARE FOOT RESTAURANT WITH A DRIVE THROUGH,
OUTSIDE DINING, AND OUTDOOR SPEAKERS, FOR
BLOCK 1, LOT 2RA, MUSTANG SQUARE (3115 IRA E.
WOODS AVENUE) 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 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.
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
Ordinance No. 2022-053 2
of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code,
by granting Conditional Use Permit CU22-31 to allow for a 950 square foot restaurant
Dutch Bros. Coffee) with a drive through, outside dining, and outdoor speakers in a district
zoned "CC", Community Commercial District within the following described property: Block
1, Lot 2RA, Mustang Square (3115 Ira E. Woods Avenue) 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
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.
Ordinance No. 2022-053 3
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 16th day of August, 2022.
William D. Tate
Mayor
ATTEST:
Uzul3a)ta)
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
0,
Ordinance No. 2022-053 4