HomeMy WebLinkAboutORD 2026-047ORDINANCE NO. 2026-047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE
PERMIT CU26-15 TO ALLOW THE SALE OF ALCOHOLIC
BEVERAGES FOR ON- AND OFF -PREMISE
CONSUMPTION IN CONJUNCTION WITH A
RESTAURANT, FOR BLOCK 1, LOT 1A, EPICENTER AT
GRAPEVINE (1255 SOUTH MAIN STREET) IN A DISTRICT
ZONED "CC", COMMUNITY COMMERCIAL DISTRICT
PREVIOUSLY APPROVED UNDER CONDITIONAL USE
PERMIT CU2006-07 IN THE "PO", PROFESSIONAL OFFICE
DISTRICT; CARRYING FORWARD AND CONTINUING ALL
PREVIOUSLY APPROVED SITE PLANS, LANDSCAPE
PLANS, BUILDING ELEVATIONS, FLOOR PLANS,
CONDITIONS, RESTRICTIONS, AND SAFEGUARDS
ASSOCIATED WITH THE ORIGINAL APPROVAL 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, the subject property was previously granted Conditional Use Permit
CU2006-07 for the sale of alcoholic beverages for on- and off -premise consumption within
the "PO" Professional Office District; and
WHEREAS, the property has subsequently been rezoned or is proposed to be
rezoned to the "CC", Community Commercial District; and
WHEREAS, the purpose and intent of this conditional use permit is to continue and
maintain the previously approved alcohol sales and service operations on the property
while transferring and preserving the existing entitlement approvals, including associated
site plans, landscape plans, building elevations, floor plans, and operational conditions
previously approved by the City Council; and
WHEREAS, the City Council finds that the continuation of the existing use and
previously approved development plans within the "CC", Community Commercial District
remains compatible with the surrounding area and consistent with the adopted
Comprehensive Plan and zoning regulations of the City of Grapevine; and
WHEREAS, the City Council further finds that carrying forward the previously
approved development plans and operational approvals promotes continuity of
operations, minimizes unnecessary redevelopment review, and protects the reasonable
investment -backed expectations associated with the property; and
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
Ordinance No. 2026-047 2 CU26-15
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 of the City of Grapevine, Texas, same being also known as Appendix "D" of
the City Code, by granting Conditional Use Permit CU26-15 to allow the possession,
storage, retail sales and on -premise consumption of alcohol beverages (beer, wine, and
mixed beverages) in conjunction with a restaurant in the "CC", Community Commercial
District for Block 1, Lot 1A, Epicenter at Grapevine / 1255 South Main Street, previously
approved under Conditional Use Permit CU2006-07 within the "PO", Professional Office
District, all in accordance with the previously approved site plan, landscape plan, building
elevations, floor plans, and supporting exhibits approved pursuant to Section 47 of
Ordinance No. 82-73, attached hereto collectively as Exhibit "A" and incorporated herein
for all purposes.
Ordinance No. 2026-047 3 CU26-15
All previously approved conditions, restrictions, safeguards, site configurations,
architectural elevations, floor plans, and operational components associated with
Conditional Use Permit CU2006-07 shall remain in full force and effect unless specifically
modified herein.
The purpose and intent of this conditional use permit is to transfer and continue the
existing alcohol -related entitlement and associated development approvals from the
former "PO", Professional Office District to the "CC", Community Commercial District
without interruption to the previously authorized operations and development approvals.
Any future modifications to the approved site plan, landscape plan, building elevations,
floor plans, or operational characteristics associated with the sale of alcoholic beverages
shall require review and approval in accordance with the City of Grapevine Zoning
Ordinance, 82-71.
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.
Ordinance No. 2026-047 4 CU26-15
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 16th DAY OF JUNE, 2026.
APPROVED:
William D. Tate
Mayor
ATTEST: I\ RA
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Tara Brooks
City Secretary \ \
APPROVED AS TO FORM:
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Mattliew C.G. Boyle
City Attorney
Ordinance No. 2026-047 5 CU26-15