HomeMy WebLinkAboutORD 2013-052ORDINANCE NO. 2013 -52
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 CU13 -28 FOR THE
POSSESSION, STORAGE, RETAIL SALE AND ON- PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A
RESTAURANT 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
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, wafer, 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 viewto
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.
ORD. NO.2013 -52 2
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 CU13 -28 for the possession, storage, retail sale and
on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) in
conjunction with a restaurant (Sky Canyon), in a district zoned "GU" Governmental Use
District within the following described property: Terminal D, SV105 (1000 International
Parkway, Dallas Fort Worth International Airport) 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
ORD. NO.2013 -52 3
land described herein shall be declared to be invalid, the same shall not affect the validity
of the zoning of the balance of the tract or tracts of land described herein.
Section 7. That any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. That 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 19th day of November, 2013.
William D. Tate
Mayor r %` ,l
® r
/ji1
Jodi . Brown
City Secretary
John F. Boyle, Jr.
City Attorney
ORD. NO. 2013 -52 4
ARCHITECT
JMA- JOHNSON, LLC
CONTACT: MICHAEL JOHNSON, AIA
3102 Maple Ave. Suite 400 ■DALLAS, TX 75201
PHONE: 214-745-7070 ■ FAX: 214 -745 -1515
ALL NEW CONSTRUCTION IS TYPE 1 B NON COMBUSTIBLE, AND IS
FULLY SPRINKLED.
TOTAL CONCESSION AREA (1,095 SF)
OCCUPANCY CLASSIFICATION: A -2, UNCONt
OCCUPANCY LOAD: DINING 458 SF / 15 =
BAR 242 SF / 7 =
KITCHEN 395 SF / 200 =
TOTAL
REQUIRED EGRESS: 70 X.2 = 14"
PROVIDED EGRESS: 72" IN ONE EXIT
3ENTRATED
31 OCCUPANTS
35 OCCUPANTS
4 OCCUPANTS
70 OCCUPANTS
EXHIBIT O W / 69
.- I Of
IEG CONSULTING ENGINEERS, LLC
CONTACT: LYNN POOLE
8787 Stemmons Frwy - Suite 350
DALLAS, TX 75247
PHONE: 214 -444 -7540
STRUCTURAL ENGINEER
CONTACT: DONAL GREEN, P.E.
P.O. BOX 852697 ■ MESQUITE, TX 75185
PHONE: 214 - 356 -0797
Conditional Use Request CU 13-28 is a request to
allow the possession, storage, retail sale and on -
premise consumption of alcohol beverages ( beer,
wine and mixed beverages ) in conjunction with a
restaurant at the DFW international Airport.
CASE NAME: Sky Canyon by Stephan Pyles
CASE NUMBER: CU13 -28
LOCATION: Terminal D, SV105
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: 1 OF 2
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
CLIENT:
Puente Enterprises, Inc.
A GINA PUENTE VENTURE
PUENTE ENTERPRISE, INC.
216 N. DOVE ROAD
GRAPEVINE, TEXAS 76051
ARCHITECT:
r
A4roe+11
965 Slocum Street - DWI- Texas 75207
Phone: (214) 746 -7070 - Fax: (214) ]451515
CONSULTANT
KEY PLAN
JMA Project Number: 220.00
Date: OCTOBER 30, 2013
s�a1a:
sheet me
COVER SHEET
Sheet Number
1 of 2
Sky Canyon by Stephan Pyles
DFW International Airport
Terminal D Tenant D -SV105
DFW Airport, Texas
OWNER:
CODE ANALYSIS
DFW INTERNATIONAL AIRPORT
CODE INFORMATION
CONTACT: ALAN MASSEY FMA
PROJECT DESCRIPTION:
CONCESSIONS DEPARTMENT . DFW Airport, TX
THIS PROJECT CONSISTS OF THE INTERIOR FINISH OF
PHONE: 972- 973 -4819
APPROXIMATELY 1,095 SF OF ENCLOSED CONCESSION
OWNER /TENANT:
SHELL SPACE IN TERMINAL D OF DFW INTERNATIONAL
AIRPORT INTO Sky Canyon by Stephan Pyles -DFW. TOTAL
LEASE SPACE IS APPROX.Y 1,095 SF.
PUENTE ENTERPRISES, INC.
GOVERNING CODES:
CONTACT: GINA PUENTE
2009 INTERNATIONAL BUILDING CODE
216 N. DOVE RD. a GRAPEVINE, TX 76051
2012 TEXAS ACCESSIBILITY STANDARDS
PHONE: 817- 421 -2147
CONCESSIONS TENANT DESIGN MANUAL - TERMINAL D
ARCHITECT
JMA- JOHNSON, LLC
CONTACT: MICHAEL JOHNSON, AIA
3102 Maple Ave. Suite 400 ■DALLAS, TX 75201
PHONE: 214-745-7070 ■ FAX: 214 -745 -1515
ALL NEW CONSTRUCTION IS TYPE 1 B NON COMBUSTIBLE, AND IS
FULLY SPRINKLED.
TOTAL CONCESSION AREA (1,095 SF)
OCCUPANCY CLASSIFICATION: A -2, UNCONt
OCCUPANCY LOAD: DINING 458 SF / 15 =
BAR 242 SF / 7 =
KITCHEN 395 SF / 200 =
TOTAL
REQUIRED EGRESS: 70 X.2 = 14"
PROVIDED EGRESS: 72" IN ONE EXIT
3ENTRATED
31 OCCUPANTS
35 OCCUPANTS
4 OCCUPANTS
70 OCCUPANTS
EXHIBIT O W / 69
.- I Of
IEG CONSULTING ENGINEERS, LLC
CONTACT: LYNN POOLE
8787 Stemmons Frwy - Suite 350
DALLAS, TX 75247
PHONE: 214 -444 -7540
STRUCTURAL ENGINEER
CONTACT: DONAL GREEN, P.E.
P.O. BOX 852697 ■ MESQUITE, TX 75185
PHONE: 214 - 356 -0797
Conditional Use Request CU 13-28 is a request to
allow the possession, storage, retail sale and on -
premise consumption of alcohol beverages ( beer,
wine and mixed beverages ) in conjunction with a
restaurant at the DFW international Airport.
CASE NAME: Sky Canyon by Stephan Pyles
CASE NUMBER: CU13 -28
LOCATION: Terminal D, SV105
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: 1 OF 2
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
CLIENT:
Puente Enterprises, Inc.
A GINA PUENTE VENTURE
PUENTE ENTERPRISE, INC.
216 N. DOVE ROAD
GRAPEVINE, TEXAS 76051
ARCHITECT:
r
A4roe+11
965 Slocum Street - DWI- Texas 75207
Phone: (214) 746 -7070 - Fax: (214) ]451515
CONSULTANT
KEY PLAN
JMA Project Number: 220.00
Date: OCTOBER 30, 2013
s�a1a:
sheet me
COVER SHEET
Sheet Number
1 of 2
C,
16'-33/4"
FLOOR PLAN
GRAPHIC SCALE
0 1 2 3 4 6 8
BOOTH SEATS
14 SEATS
CHAIRS
24 SEATS
STOOLS
7 SEATS
TOTAL
45 SEATS
LEGEND
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O
O
O
O
CLIENT:
EXHIBIT il TO DkO. Aot5-5a-
a of.
Pge
Puente Enterprises, Inc.
A G I,iA PUENTE VENTURE
PUENTE ENTERPRISE, INC,
216 N. DOVE ROAD
GRAPEVINE, TEXAS 76051
ARCHITECT:
LEGEND
O
O
O
O
O
MMIZZIM-170M
Conditional Use Request CU 13-28 is a request to
allow the possession, storage, retail sale and on -
premise consumption of alcohol beverages ( beer,
wine and mixed beverages ) in conjunction with a
restaurant at the DFW international Airport.
CASE NAME: Sky Canyon by Stephan Pyles
CASE NUMBER: CU13-28
LOCATION: Terminal D, SV1 05
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: 2 OF 2
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
KEY PLAN
JIMA Project Number: 221100
Date: OCTOBER 30, 2013
Scale:
Sheet Title
Floor Plan
Sheet Number
2 of 2
%5 St... Street - Dell- T.— 75207
Pre— 1' 14) � — 5-7070 F (214) 745-1515
Point Of Sale
NA�'J �4
Bar Storage
CONSULTANT
MMIZZIM-170M
Conditional Use Request CU 13-28 is a request to
allow the possession, storage, retail sale and on -
premise consumption of alcohol beverages ( beer,
wine and mixed beverages ) in conjunction with a
restaurant at the DFW international Airport.
CASE NAME: Sky Canyon by Stephan Pyles
CASE NUMBER: CU13-28
LOCATION: Terminal D, SV1 05
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET: 2 OF 2
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
KEY PLAN
JIMA Project Number: 221100
Date: OCTOBER 30, 2013
Scale:
Sheet Title
Floor Plan
Sheet Number
2 of 2