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HomeMy WebLinkAboutItem 06 - The Dutch TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR, PLANNING SERVICES MEETING DATE: JUNE 17, 2025 SUBJECT: PLANNING SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU25-23; THE DUTCH APPLICANT: Stephen Lindsey – Texas Liquor License PROPERTY LOCATION AND SIZE: The subject property is located at 1285 South Main Street and is platted as Block 1, Lot 1, Epicentre at Grapevine Addition. The addition contains 5.167 acres and has approximately 557 feet of frontage along South Main Street, 280 feet of frontage along Hanover Drive, 563 feet of frontage along Municipal Way and 266 feet of frontage along Capitol Street. REQUESTED CONDITIONAL USE AND COMMENTS: The site was previously approved for a conditional use permit CU06-56 (Ord. 2006-89) 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. This request is specifically to modify the existing floor plan, change exterior elevations and to allow for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant. The applicant proposes to revise the previously approved floor plan of the restaurant, enclose the existing 944 square-foot covered patio and revise the west, north, and south building elevations for a total building area of 5,468 square-feet. The proposed Italian- American restaurant, The Dutch, will accommodate 186 total seats. Seventy-three (73) parking spaces are required for this restaurant. Three hundred and twenty-three (323) parking spaces are required for the entire Epicentre addition. Three hundred and twenty-eight (328) are provided. PRESENT ZONING AND USE: The property is zoned “PO”, Professional Office District and is developed as four restaurants: Bob’s Steak and Chop House, Mi Dia From Scratch, Winewood Grill, and, formerly, Fireside Pies. HISTORY OF TRACT AND SURROUNDING AREA: The subject site was rezoned in the 1984 City-wide Rezoning from “R-1”, Single-Family District to “PO”, Professional Office District.  On July 19, 2005, City Council approved CU05-43 (Ord. 2005-56) to allow the possession, storage, retail sale, and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant as the first of four restaurants on the site.  On December 19, 2006, City Council approved CU06-56 (Ord. 2006-089) to allow the possession, storage, retail sale, and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant.  On August 27, 2008, the Site Plan Review Committee approved CU08-14 to add approximately 944 square feet to accommodate a covered patio alongside the west side of the restaurant. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: “HCO”, Hotel Corporate Office District – Offices SOUTH: “CC”, Community Commercial District – Gas station and McDonald’s EAST: “PO”, Professional Office District – Offices and “CC”, Community Commercial District – Spark by Hilton Hotel WEST: “PO”, Professional Office District – Offices and “HC”, Highway Commercial – Wells Fargo AIRPORT IMPACT: The subject tract is located within “Zone A” Zone of Minimal Effect as defined on the “Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs” Map. Few activities will be affected by aircraft sounds in “Zone A” except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. CU25-23.4 2 MASTER PLAN APPLICATION: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property as Low Intensity Commercial (LC) land use. The applicant’s proposal is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: The City of Grapevine’s Thoroughfare Plan designates Hanover Drive and Municipal Way as Type E, Collectors with a minimum 75-foot right-of-way developed as 4 lanes. South Main Street is designated a Type C, Minor Arterial with a minimum 80-foot right-of-way developed as four lanes with a center left turn lane. /lf CU25-23.4 3 TRINIT Y INDUS T R I E S ADDN 43795E TRINIT Y INDUS T R I E S ADDN 43795E 41867 GRAND Y S OF GRAP E V I N E 16025 TRINIT Y INDUS T R I E S ADDN 43795E TWELV E EIGHTY MAIN 44035 GRAPE V I N E PLACE 16073 3.311 @ 2.00 @ .8838 AC.8089 AC .196 @ 3.6143 @ .7284 AC 2.5985 @ C 1 1 A A 1 6 1 1 HANOVER D R MU N I C I P A L W A Y CAPITOL ST AI R L I N E D R TR 1K2 TR 1Q TR 4A3G TR 1H2A 1B 1 1C2A 1B1 1A1 1 3A1A 4A 6 1 7 8 1 1R1 2 3 4 1 1C1 FIRST NATION A L BANK 13877 GRAPE V I N E OFFICE PROPE R T Y ONE AD D N 16072P HCP GR A P E V I N E CONDO 16608C 1 1 1A 2 CAPITALCENTERADDN 6329H 8R 1.1899 AC TR 1H S M A I N S T .4199 AC TR 1H1 1 2 3 4 5 7 6 1 5.1671 @ 1.7197 @ HC HCO CC PO R-7.5 CU25-23; The Dutch 1285 South Main Street 0 80 160 240 320 Feet ² Date Prepared: 6/3/2025 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 PROPERTY ORDINANCE NO. 2025-032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT CU25-23 TO MODIFY THE EXISTING FLOOR PLAN, CHANGE EXTERIOR ELEVATIONS AND TO ALLOW FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT FOR BLOCK 1, LOT 1, EPICENTRE AT GRAPEVINE ADDITION (1285 SOUTH MAIN STREET) IN A DISTRICT ZONED “PO”, PROFESSIONAL OFFICE 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. Ordinance No. 2025-032 2 CU25-23 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 CU25-23 to modify the existing floor plan, change exterior elevations and to allow for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant in a district zoned “PO”, Professional Office District within the following described property: Block 1, Lot 1, Epicentre at Grapevine Addition (1285 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. 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 Ordinance No. 2025-032 3 CU25-23 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. 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 17th day of June, 2025. APPROVED: ________________________________ William D. Tate Mayor ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney Ordinance No. 2025-032 4 CU25-23