HomeMy WebLinkAboutItem 08 - CU01-23 Palace Arts CenterTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER&
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES43Y
MEETING DATE: MAY 15, 2001
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU01-23
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Grapevine y�, APPLICANT: Grapevine Heritage Foundation
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PROPERTY LOCATION AND SIZE:
The subject property is located at 300 South Main
Street and is platted as Lot 11 A, Block 1, Palace
Hall Johnson syu� AFW
DP a Theatre Addition. The property contains
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Glade Rd. — —I approximately 150 feet of frontage along South Main
Street and Barton Street.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow the retail sale and on -premise
consumption of alcoholic beverages (beer wine and mixed beverages) in conjunction with
the Palace Arts Center.
The applicant is requesting to allow the retail sale of alcoholic beverages by caterers in the
Palace Arts Center. The entire site, including the outdoor area in Weem's Alley, is the
premise.
PRESENT ZONING AND USE:
The subject property is currently zoned "GU" Governmental Use District and is developed
as the Palace Arts Center.
0:\ZCU1CU01-23.4 1 May 7, 2001 (3:38PM)
The subject and surrounding properties were zoned "CBD" Central Business District in the
1984 Citywide Rezoning. The subject property and the property to the north have since
been rezoned to "GU" Governmental Use District.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "GU" Governmental Use District—Grapevine City Hall
SOUTH: "CBD" Central Business District—Tim Hogan Carpets
EAST: "CBD" Central Business District and "GU" Governmental Use District—
Main Street Pharmacy and the Wallace Hotel
WEST: "GU" Governmental Use District—Barton Street Water Tower
The subject tract is located within both "Zone A" Zone of Minimal Effect and "Zone B" Zone
of middle effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional
Airport Environs" Map. In "Zone A," few activities will be affected by aircraft sounds except
for sound sensitive activities such as auditoriums, churches, schools, hospitals, and
theaters. In "Zone B" the following uses may be considered only if sound treatment is
included in building design: multifamily 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 both of these noise zones.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Governmental Use. The applicant's
request complies with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Main Street as a Type F Collector with a minimum 60 -
foot right-of-way.
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0AZCU\CU01-23.4
May 7, 2001 (3:38PM)
,Ay
TµE X S
`) CITY VIN
I` - CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent.
Grapevine Heritage Foundation
Street address of applicant/ agent:
200 South Main Street
City / State / Zip Code of applicant / agent:
Grapevine, Texas 76051
Telephone number of applicant/ agent:
Fax number of applicant / agent:
(817) 410-3100
(817) 410-3125
Applicant's interest in subject property:
Owner
PART 2. PROPERTY INFORMATION
Street address of subject property
300 South Main Street
Legal description of subject property (metes & bounds must be described on 8 112"x 11 " sheet)
Lot 11A, Block 1, Palace Theatre Addition
Size of subject property
0.27 Acres 11,750 Square footage
Present zoning classification:
Proposed use of the property:
"GU" Govemmental Use
Palace Arts center
Minimum /maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
Section 38. C. 6
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner:
Grapevine Heritage Foundation
Street address of property owner.'
200 South Main Street
City /State /Zip, Code of property owner:
Grapevine, Texas 76051
Telephone number of property owner.,
Fax number of property owner.
(817) 410-3100
(817) 410-3125
Submit a letter 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)
❑ In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, or enjoyment of other
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').
0 The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
O 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 maybe 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.
O 1 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 Sign ure
l air Oe [so 0
The State Of ie )(C�i s
County Of
Before Me L LJ SQ t It,1t,LQ r C%� on this day personally appeared poqe-r- Q(?- (sa
(notary)
U (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' Y P a R%fohis day of 1 'laA.D. DOC
r Notary Publlc
' State at Texas
Comm,ti'xp3-30-2005
Of
Notary, i nd For State Of Texas
nt Property Owners Name: Pro Cs Sig r
PQ e, r- l e t sin
The State Of 1 p,Xa S
County Of ��.} Y- (-a n
Before Me &A SQ n (^Gi on this da personally a 1 SO
Y Pe appeared L <� � r
(notary) Joroperty 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 purses and consideration therein expressed.
r_
(Seal) Gi day of �.:A,D, a�
SUSAN HOWARD
Notary Public
State of Texas wLC v
Cotrim, Exp. &30.2005 Notary In Ard F5-r State Of Texas
tom® { 1 '04. � 7
Site Location
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ORDINANCE NO.
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 CU01-23 TO
ALLOW THE RETAIL SALE AND ON -PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH
THE PALACE ARTS CENTER 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) 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
'y 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.
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. CU01-23 to allow the retail sale and on -premise
consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with
the Palace Arts Center in a district zoned "GU" Governmental Use District within the
following described property: Lot 11A, Block 1, Palace Theatre Addition (300 South Main
Street) 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
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direct conflict with the provisions of this ordinance.
ORD. NO. 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 15th day of May, 2001.
ATTEST:
ORD. NO. 4
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Palace Theatre
South Main Street
Grapevine, Texas
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Palace Theatre
South Main Street
Grapevine, Texas