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Item 04, 31, 32 - CU18-03 Corky's
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: APRIL 17, 2018 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU18-03 AND SU18-02, CORKY'S GAMING BISTRO �- i 1-- QoFe Grapevine Lake APPLICANT: Neil Hupfauer PROPERTY LOCATION AND SIZE. 11 A. ' I.H.1635 Northwest 1 The subject property is located at 3520 North I Grapevine Mills Boulevard and is platted as Lot5A2, \ta� 1 Block A, Grapevine Mills Crossing Addition. The entire property contains 19+ acres and has t Sy DFW 3 I 1 Hall-Johnson , Airport 1 approximately 1,544 feet of frontage along North T____ o Grapevine Mills Boulevard, and 535 feet of frontage LJ Glade Rd. — �, —I _i along State Highway 121. If REQUESTED CONDITIONAL USE, SPECIAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU06-55 (Ord. 2007-06)for a planned commercial center, specifically to allow the possession, storage, retail sales, and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant with outside dining. The applicant is also seeking a special use permit to allow skill/coin-operated machines in excess of eight machines. It is the applicant's intent to occupy a 13,675 s.f. lease space in an existing 49,000+ s.f. multi-tenant structure that will include dining for approximately 128 patrons (100 indoors, 28 outdoor patio), video and pinball games (estimated 78 machines), an escape room experience, and axe throwing. Relative to the existing uses on site, along with this request, and the proposed 27,400 s.f. of new construction proposed as part of the master 0:\ZCU\CU18-03.4&SU18-02.4 1 April 11,2018(10:51AM) site development plan request ("The Shacks"), approximately 578 parking spaces are required to serve the needs of the retail portion of the site; the applicant has provided 627 spaces. The applicant proposes to bring together classic arcade games, escape rooms, and axe throwing along with full food and beverage service into one location. Each of the five axe throwing areas are supervised by a coach and divided by a wire mesh room divider. Each lane is further divided such that only one person at a time throws the axe at only one designated target. Only two patrons are allowed to throw axes, one at a time in each divided lane. All non-throwing patrons must remain outside of the throwing area, in the safety area. See the attached material. PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District with a planned commercial center designation and is partially developed with an approximate 49,646 s.f. multi-tenant building. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding properties were rezoned in the 1984 City Rezoning from 1-1" Light Industrial District to "HCO" Hotel Corporate Office District and "PID" Planned Industrial Development District. The subject property was rezoned (Z96-08) in June 1996 to "CC" Community Commercial District for a retail shopping development that never occurred. The property to the west currently occupied by the Grapevine Mills Mall and its associated outparcel development was rezoned in 1995 to "CC" Community Commercial District to facilitate the development of the mall. Numerous conditional use requests have been approved at this location since the development of the mall. The property to the immediate south is developed as an Ashley's Furniture store. At the October 19, 2004 meeting, Council approved a conditional use permit (CU04-32) for the establishment of a 15-acre planned commercial center as well as the signage necessary to serve the site that is located just south of the Ashley Furniture site. Across Grapevine Mills Boulevard North to the north several conditional use permits have been approved for Magic Mike's convenience store with gasoline sales (CU98-01) and Speedway Grapevine Car Wash (CU04-01). Council approved at the February 21, 2006 meeting a conditional use permit (CU06-03) to establish a planned commercial center in conjunction with a furniture store (La-Z-Boy) and a 40-foot pylon sign along Grapevine Mills Parkway. At the February 20, 2007 meeting the Council approved a conditional use request (CU06-55)that established a planned commercial center on the subject 18+ acre tract along with a first phase 49,000 s.f. multi-tenant building and two, 40 foot pole signs. Conditional use request CU07-33 was approved by the Council at their June 19, 2007 meeting and approved a 7,900 s.f. tire and battery store (NTB National Tire and Battery) along with a 20 foot pole sign within the planned commercial center. Conditional use request CU13-26 was considered and approved by the Site Plan Review Committee at their November 6, 2013 meeting and 0:\ZCU\CU18-03.4&SU18-02.4 2 April 11,2018(10:51AM) allowed for the subdivision of one undeveloped lot into two separate lots for future development. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC" Community Commercial District—Magic Mike's convenience store, Speed Way Grapevine carwash, vacant property SOUTH: "CC" Community Commercial District—Ashley's Furniture, vacant property EAST: City of Coppell WEST: "CC" Community Commercial District—Grapevine Mills Mall, Rooms To Go, Chuck-E-Cheese, Michael's AIRPORT IMPACT: The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B, the following uses may be considered only if sound treatment is included in building design: multi family 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 this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a C/MU Commercial/Mixed Use land use. The applicant's proposal is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Grapevine Mills Parkway as a Type A, Major Arterial with a minimum 100-foot right-of-way developed as six lanes with median. North Grapevine Mills Boulevard is designated a Type B, Major Arterial with a minimum 80-foot right-of-way developed as four lanes with median. /rS O:\ZCU\CU18-03.4&SU18-02.4 3 April 11,2018(10:51AM) PRNP�2 8.483 flurrs TFi SB,c c T 89 AC 1�ggnc (,IM- rt,Al ( W''a:S, T R IIIY TR 153A ?A 20.327� 8.332@ RNP�S 63A;C6768 mp-4 TR 1A �TR,A jFP �R I MPc's EEO M\KODN 1 I G PEVN 556AC O 135�2N i 2p8�a 3'a., 19 k B p ! 9A z1.4876® e TR 5A1 B-,_,��� ...-.....- .. ::[ :�:::c:a:[:[t::['•. Jn:l:• A. 3.051@ m 4.267 @ :: a : a pz c y x� Stars St Stri as f. ti�\tIP SW :::I38 ti ::1�:::'::::.. .Z- h �`P R ................... 4.2280 � I G'\N6p1 N � 3rit 4 PpEV\N 2RA f G�.C/ 4.388 M6 1N 2000 _ 2 AR1 2.874 @ OR Q� 1.254 @ 5R 5.304 @ S J h .Y (Tarrant County) tiry 6 2.034 z.lR 1 2 1RA 4.132 71:5Ir Feet 0 200 400 600 800 r It Wq A-E C U 18-03/S U 18-02 s Corky's This data has been Compiled by the City of Grapevine IT/GIS department.Various official and unofficial sources were Date Prepared:4/6/2018 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. III P. ,VINE. k F: - C �t s CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/a ent:/company/contact Games For All, LLC d/b/a Corky's Street address of ap licant/agent: 600 BeXshire Lane cboppelI, Ta li75019 Tele hone number of a licant/agent: Fa 469 628-2193 817 63�-15 4 Email address of applicant/agent, Mobile hone number of ap frcant/agent steve@texasliquorlicense.com 469 628-21 �3 PART 2. PROPERTY INFORMATION Street address of subject property 3520 Grapevine Mills Blvd. N Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet) Lot 5 "ri'2 Block te- Addition Grapevine Mills Crossing Size of subject property 5.1608 Acres 224,804 Square footage Present zoning classification: Proposed use of the property: HCO Restaurant, Coin-Op Games, Escape Rooms, Axe Throwing Circle yes or no,if applies to this application Outdoor speakers Yes 0 Minimum/maximum district size for conditional use request. Zoning ordinance provision requirin a conditional use: Restaurant with patio, coin-operated video games. PART 3. PROPERTY OWNER INFORMATION Name of current property owner.- Grapevine Crossing Holdings, LLC str1722SKouth nStreet, Suite 770 City/State/Zip Code of property owner: Dallas TX 75201 TeleA214m270-1�000r F2number u4 2�Oe��992 D C U S--a ❑ 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'). ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. ❑ 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 may be 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. ❑ I 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 Neil Hupfauer / Print Applicant's Name: Appli ant's Signature: The State of Texas County Of Dallas Before Me N04.4 L • LA-K-TtJ2R- on this day personally appeared Nell Hupfauef (notary) (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 expressed. (Seal)Given under my hand and seal of office this day of F�if A.D. 2018 DONNA L CARTER - __. Notary Public,State of Texas Comm. Expires 07-11-2021 Notary In And For State Texas Notary ID 12199925 E C�fL�4P�tli�J Gr7o5SAJ IJot.t�iA)&S,l�t� Print Property Owners Name: Prop( y Owner's Signature: The State Of T S County Of U1001 f7�}' 5 Before Me (- y s),OA L• on this day personally appeared J (notary) (property 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 purposes and consideration ''therein .�expressed, (Seal) Given under my hand and seal of office this�'day of F&I" re�I A.D. 2018 `'*� &f DONNA L CARTER 6_Notary Public, State of Texas =a. 'y= N ary In And For State Of Texas ,�� ..,..+ Comm. Expires 07-11-2021 �''����"``� Notary ID 12189925 Lb ACKNOWLEDGEMENT All Conditional Use and Special 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 may be 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 a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. l have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date: Signature of Owner Date: o2 1 r-1 A]P VP E_ �'IT P;, 1 .1 S' � CITY OF GRAPEVINE SPECIAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Name of applicant/a ent.Ycom any/contact Games For AII, LLC d/b/a Corky's Gaming Bistro Street address of ap ficant/agent: 600 Berpkshire Lane c T469e628-T!93agent: 817be6351i 15a54 Email address of a plicant/agent Mobile phone number of applicant/agent steve@fexasliquorlicense.com 469 628-2193 A Iicant's interest in subject property: tenant PART 2. PROPERTY INFORMATION Street address of subject property 3520 Grapevine Mills Blvd. N Legal description of subject pro erty(metes&bounds must be described on 8 1/2"x 11"sheet) Lot 5 A2 Block Addition Grapevine Mills Crossing Size of subject property 5. 1608 Acres 224,804 _ S::uarefootaue Present zoning classification: Pro osed use of the property: Hco Restaurant and Entertainment Venue Minimum/maximum district size for special use request: Restaurant, Coin-Operated Games, Escape Rooms & Axe Throwing Zoning ordinance provision requiring a special use: Coin operated video games. PART 3. PROPERTY OWNER INFORMATION Name of current property owner- Grapevine Crossing Holdings, LLC 51722SSRout�i�wStreet, Suite 770 City/State/Zip Code of property owner: Dallas, TX 75201 Tel 2hone n270A1p000er: Fax 2ffd-6992 + D � ro � � aCC� 2 Butt--cal ❑ Submit a letter describing the proposed special use and note the request on the site plan document ❑ In the same letter, describe or show on the site plan, and special requirements or conditions imposed upon the particular special use by applicable district regulations(example:buffer yards, distance between users) ❑ In the same letter, describe whether the proposed special 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 special 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'). ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. ❑ All conditional use and special 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 may be 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 special use permit can only be approved by city council through the public hearing process. ❑ i have read and understand all the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Neil Hupfauer Print Applicant's Name: A licant's Signature: The State Of Texas County Of Dallas Before Me 2)DA)aA XT¢4a/ on this day personally appeared Neil Hupfauer (notary) (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)Given under my hand and seal of office this day of Fl� / A.D. 2018 DONNA L CA _z°' -.Notary Public, StaD2U'2'1 Notary ry In And For State Of Texas Comm. Expires 0 — c��EUINt✓ Print Property Owners Name: Pr-Pe wner's Signature: The State Of Texas County Of Before Me ,s�D/�Iy A '� on this day personally appeared (notary) (property 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 purposes and consideration therein expressed. (Seal)Given under my hand and seal of office this day of/- /•F-I`� '� A.D. 2018 iPY PUov0� DONNA L CARTER v%Notary Public,State of Texas Notary In And For State Of Texas Comm.Expires 07-11-2021 By ,5�A%o- I ACKNOWLEDGEMENT All Conditional Use and Special 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 may be 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 a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. I have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant. Date: Cr2A P E✓/R1 c 55(W G- 46 t-b1AJ 6-S, LLr- � to Signature of Owner Date: _ z 9/ i'i s/ DL CbC � JC � By ary Lu <C U 7 z57 O :D U s. mom 04 iq n Lr W L Q tA z W >, (D a z a'a) 0 E c V E co o o E a' o LPL a 0 > o 0 o O E 0 N a� W 0 v CO � c w w Q U cz U2: Q @ 0 (f) S t�1 s , 3 a is ;�:;•�:3 ~� '. . 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L � V D 2 m $ ORDINANCE NO. 2018-038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS 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 CU18-03 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2007-06 FOR A PLANNED COMMERCIAL CENTER SPECIFICALLY TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT WITH OUTSIDE DINING (CORKY'S GAMING BISTRO) (3520 NORTH GRAPEVINE MILLS BOULEVARD) 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 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 &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 otherthings 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 Ordinance No. 2018-038 2 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, an 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 CU18-03 amending the site plan approved by Ordinance No. 2007-06 for a planned commercial center, specifically to allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages(beer, wine, and mixed beverages) in conjunction with a restaurant with outside dining (Corky's Gaming Bistro) in a district zoned "CC" Community Commercial District within the following described property: Lot 5A2, Block A, Grapevine Mills Crossing Addition (3520 North Grapevine Mills Boulevard) 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. Ordinance No. 2018-038 3 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. 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 17th day of April, 2018. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Ordinance No. 2018-038 4 City Attorney Ordinance No. 2018-038 5 ORDINANCE NO. 2018-039 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SPECIAL USE PERMIT SU18-02 TO ALLOW SKILL/COIN-OPERATED GAMES IN EXCESS OF EIGHT MACHINES IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 (CORK'S GAMING BISTRO) (3520 NORTH GRAPEVINE MILLS BOULEVARD), 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 SPECIAL 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 special 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 special 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 special 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 49 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 otherthings the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, 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 special 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 special 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 special 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 special 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. 2018-039 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 special use permit in accordance with Section 49 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 Special Use Permit SU18-02 to allow skill/coin-operated games in excess of eight machines in a district zoned "CC" Community Commercial District within the following described property: Lot 5A2, Block A, Grapevine Mills Crossing Addition (CORKY'S GAMING BISTRO) (3520 North Grapevine Mills Boulevard), all in accordance with a site plan approved pursuant to Section 49 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 special 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 safety 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 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 Ordinance No. 2018-039 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. 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 passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE on this the 17th day of April, 2018. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2018-039 4 GRAPEVINE MILLS BOULEVARD LOT 5AR2 _ — LOT 5AR1A — _ LOT 3A1_ — LOT 3A2 _ �� -- 'C" C±D 11 I g0 a � PROPQSED RETAIL i R �.7R1E � � � U11, f\/UTURE y ) RETAIL f j 6.000 SF j�. _ � n 7,200 SF I PARK !x� o00 10 OP q I ,^ =s=:_z- (/. PROPOSED 4.1 ! ® I RETAIL .�+ I � I PARK O R I ® I `/� I Oulu � \ EXISTING 1 3 I II I\ BUILDING J I dill 3, '" I EXISTING °OI 48,931 SF .�.. I RETAIL i I n�� o.q U� c= I I ( COURTYARD g I L,...,._-.J I i o I 21 9 DOG e I PARK 71 ti I I COURTYARD - COURTYARD oI N � STRUCTURE c PARKING ,. !� � m Ey a MULTIFAMILY BUILDING STRUCTURE y o VICINITY MAP N SITE DATA PARKING DATA/LOT 5AR2 APPROXIMATE BUILDING HEIGHTS SITE LEGEND NOT FOR CONSTRUCTION ya c01i SITE LOCATION TOTAL PARKING REQUIRED 306 BUILDING NUMBER BUILDING TYPE HEIGHT 4 - SOUTH WEST CORNER OF GRAPEVINE MILLS BLVD. ( BUILDING...BEa �REO aR _m tq 2,527 SF RESTAURANT 36 4 e a,a cy AND TEXAS 121 FRONTAGE ROAD 5 EXISTING BUILDING 32'-0" 1 STORY z �I-Oa~ 17,439 SF RETAIL 70 w ° O E GRAPEVIN MILLS BLVD N 19,928 SF INDOOR COMMERCIAL 200 PARKIN 5 PACE WIDE HANDICAP y CURRENT ZONING CC PARKING SPACE c e 9,037 SF NON OCCUPIED SPACE 0 .�a r TOTAL LOT AREA 236,822.489 S.F. •s ,BIB 5* J p p y IT y^ EXISTING BUILDING (5.4366 ACRES) "re oP SE+ TOTAL PARKING PROVIDED 310 TOTAL BUILDING AREA _�.,�,A 48,931 S.F. �+pl Q > EXISTING BUILDING46M SHOPPING CENTER RETAIL.4 SPACES PER 1000 SF CCASE ASE HUM BER CK'S GAMING MINGBISTHo REVISIONS RESTAURANTS IN SHOPPING CENTERS:10 ADDITIONAL SPACES PER 1000 SF LOCATION:ism Nonn GaP .Mall 81- REV No. DATE DESCRIPTION ev N r INDOOR COMMERCIAL AMUSEMENT:1 PER 100 SF ~ E MAYOR secRETARv DATE MASTER RETAIL SITE PLAN&CONCEPT PLAN m N CONDITIONAL USE REQUEST CU18-03 IS A REQUEST TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU06-SS PLANNING AND ZONING COMMISION (ORD.2007-06)FOR A PLANNED COMMERCIAL CENTER,SPECIFICALLY TO ALLOW THE POSSESSION,STORAGE, CNAIRMAN Q RETAIL SALES AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES,(BEER,WINE,AND MIXED BEVERAGES) DATE:N a a IN CONJUNCTION WITH A RESTAURANT WITH OUTSIDE DINING. SPECIAL USE REQUEST SU18-02 IS A REQUEST TO SHEET: '—DP a 01 SITE PLAN-EXISTING RETAIL PPROVALDDES NOT AUTHORIZE ANY WORK IN ALLOW SKILL/COIN-OPERATED MACHINES IN EXCESS OF EIGHT MACHINES. SALE I:4a CONFLICT WITH ANY CODES DR ORDINANCES DEPARTMENT OF DEVELaPMENT SERVICES DESIGN DRAWN DATE SCALE SHEET i O N/A' OBA -R/L 7078 03 REFERENCE: CU18-03&SU18-01 pa zs•-B•a.r.r. T.O.PARAPET PRUPo_:EC, F�191nvG�aCaCE C.�CSEC- 0 NE.Y iPE4:3 PRO CJNCI IO.v ip 4E'na1.v- NEW'RELL(5 T.O.PARAPET Z T.O.PARAPET 396 sf � 02 patio D — ,0'-0'a.fl' B.O.TRELLIS B.O.CANOPY f I O'-0"a.f.I 0'41'a.f.f. 01-WEST ELEVATION GNa3 Nat nNesronE oNr zr-B•a.r.r. _p.,.-1T.oN,aEM,.,. -..� �) T.O.PARAPET `" 37'-10'a.f.r. T.O.PARAPET T.O.PARAPET JL 02-EAST ELEVATION _-,NG srenErPONr MalsonaY CU18-03&SU18-01 OL 2T'-B'a.LL T.O.PARAPET T.O.PARAPET PP Z -aaNCE ' ELI Q CavCm FxfaSTtNG- P.vCPC5EV PRi+JSEo- L� - PaCPoSE aNCFY- J - W Nc -__.= NEw UNCm' �lfCaTE CAN L aEnalN PnCPpSVWVFv _ FAGCE vEW rEs_S ti T fC.vOPICN TC CO.vClRCry TO T.O.PARAPET 31-0'a.f.l. .O PARAP. ET I ' ,T aEL 3 LIS B.O.CANOPY p�.! 72'-0'a.f.f. � B.O_T .TREL U' ra 03-NORTH ELEVATION E,gnNG>,AGpN9r NOTFORCONSTRUCTION �ao sroPeraCNT s.caeNG Nr +asnNG RIFGN -Fxssnrvc `-ExsnNG NaspNar c m mo oNar sro.uo r sroaEFaoNr m U yyt�aED AR�y eQ ° y f2495 .IQ. CASE NAME:CORKYS GAMING BISTRO qlP OF S� 'c Cl m CASE NUMBER:CUU-03&SULB-0L Ay'r7•w a LOCATION:3328 NORTH GRAPEVINE MILLS BLVD m REVISIONS RE/NO. DATE DESCRIPTION BY (j MAYOR SECRETARY ca d DATE: i� CUP MUL Tl-FAMIL Y SUBMITTAL m PLANNING AND ZONING COMMISSIONS m BUILDING ELEVATIONS m N CHAIRMANw�wm.�M. L`I p DATE: _y; > � ` • 1950 N.Slemmons F'my-Suite 60W Ph'(9RI 735-MO F:1911)735-11 SHEET: OF 4 Ow ,,Texas 75207 a h EXISTING RETAIL � M MPERW..Nc.FJ550 EI? 01 SCALE: N.T.S. APPROVAL DOES NOT AUTHORIZE ANY WORK IN DESIGN DRAWN DATE SCALE YrvW SHEET m CONFLICT WITH ANY CODES OR ORDINANCES. c m i�p DEPARTMENT OF DEVELOPMENT SERVICES NLR RCR 076 c � 3 J ' N � cL LVUIVVC O (n Q O <,> 0 0 0 IN qAD CDD ❑❑� �— Y Q z �J -_. -mono, 00 00 OO 00 00 � z 0 0 O O O O —J Ln O O 0 0 � zz 055 U 9 ;$ � (3 0 N Lf) a E ti--dE' CORKYS GAMING BISTRO M 'E v�':-'SE"? CUIS-02 h SU18-01 r�iis 3520 NORTH GRAPEVINE MILLS BLVD. pED 4n - A APPROVAL DOES NOT AUTHORIZE ANY WORK IN I ��a CONLUCT WITH ANY CODES OR ORDINANCES ap. xxe+R� DEPARTMENT OF DEVELOPMENT SERVICES - z IOB NO. O DATE QSCALE-AS Sf L IJL=' DRAWN Dl' - W J REVISION DATE - Li n Z J Q f O sneer No D302 o m � C01R8y 2G&SING U188101�0 J $ .. 3520 NORTH GRAPEVINE MILLS BLVD. J + - 4 .- 4 P EE GAME ROOM _ _ _ _ APPROVAL DOES NOT AUTHORIZE ANY WORK IN N -- - - _ - _ ] CONFLICT WITH ANY CODES OR ORDINANCES •� DEPARTMENT OF DEVELOPMENT SERVICES C I _ _ 19 O17 O O O KITCHEN DINING c -, - - -- BARLn - - _ 11� Il i �' � lD LL_ WALK-IN J �[d WOMEN MEN C x _ LL. Z =� EXPO STORAGE Z AREA r _ � I ra II �� - II Ilp _m �I Ij III DISH > —U DINING a. O 0 ORDERING O O COUNTER O O Cl -- � OFFICE O} KITCHEN I _ N /v L() COURTS HOST i O 00 O� 00 00 A 0 0 0 ,�aEW 0 - STORAGE i y O (_n DINING 0 (n O CONTROL OO 0 a J O II Q GAME 1 GAME 3 Q _,/1 GAME 2 DATE 'cALe %'e CTS CT4 CT3 CT2 CT1 O O KD> 0 LOUNGE ;LDRAWN 9Y O REVISION DATi- O GAME Z Q �(� COJ u OPATIO `U� Ca COD L� seeeT No y\Q O 00 00 001 0 O o 0 0 oO0 oOo oOo � DI 06 I