HomeMy WebLinkAboutORD 2018-038 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
L 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 &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
L 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
Ordinance No. 2018-038 2
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 . Tate
Mayor
ATTEST: /, GRAPF
ti \-
5 \ A
Cloff I
j-
Jb1l: 7
Tara Brooks
City Secretary _
* * *
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2018-038 4
L
1-7
GRAPEVINE MILLS BOULEVARD
LOT 5AR2 LOT 5ARIA LOT 3AI
19u
I
Do0 cl x0 0
FUTURE
I RETAIL
FUTURE I 2
RETAIL ._ SF f
l/ 6.000
-
4
7200 SF
�1 . - I +
11 �
TOTAL PARKING REQUIRED
SOUTH WEST CORNER OF GRAPEVINE
EXISTING
2,527 SF RESTAURANT
AND TEXAS 121 FRONTAGE ROAD
BUILDING
48,931 SF ._
.
'1
i
D
I
I
VICINITY MAP N SITE DATA
0
STRUCTURE
PARKING
PARK
--
I
L. -.-..-.--._.--_--.J --------
COURTYARD
PARKING DATA / LOT 5AR2
SITE LOCATION
TOTAL PARKING REQUIRED
SOUTH WEST CORNER OF GRAPEVINE
MILLS BLVD.
2,527 SF RESTAURANT
AND TEXAS 121 FRONTAGE ROAD
17,439 SF RETAIL
CURRENT ZONING
CC
19,928 SF INDOOR COMMERCIAL
SF NON OCCUPIED SPACE
TOTAL LOT AREA
236,822.489 S.F.
EXISTING BUILDING
(5.4366 ACRES)
TOTAL PARKING PROVIDED
TOTAL BUILDING AREA
48,931 S.F.
EXISTING BUILDING
PARK
—1 PROPOSED
RETAIL
3,
11.,200 SP
COURTYARD
3 COURTYARD
EXHIBIT TObED24"19-635
Page of
PROPOSED
RETAIL
aw
3,000 SF
QF_
_4�
ME
MULTIFAMILY �w .
BUILDNJG
STRUCTURE
APPROXIMATE BUILDING HEIGHTS SITE LEGEND
306 BUILDING NUMBER BUILDING TYPE I I• HEIGHT
36 5 EXISTING BUILDING 32'-0" 1STORY O BUILDING NUMBER
70
200 DENOTES MIN. WIDE HANDICAP
O PARKING SPACE
310
SHOPPING CENTER RETAIL. 4 SPACES PER 1000 SF
RESTAURANTS IN SHOPPING CENTERS: 10 ADDITIONAL SPACES PER 1000 SF
INDOOR COMMERCIAL AMUSEMENT: 1 PER 100 SF
CONDITIONAL USE REQUEST CU18-03 IS A REQUEST 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. SPECIAL USE REQUEST SU18-02 IS A REQUEST TO
ALLOW SKILL/COIN-OPERATED MACHINES IN EXCESS OF EIGHT MACHINES.
Fn -ll SITE PLAN - EXISTING RETAIL
L _ j SCALE 140
LOT 3A2
It i
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PARK
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NOT FOR CONSTRUCTION
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CASE NUMBER: CUI-I8SUl"I
LOCATION: 3520 N.Ilh Grapevine Mills Blvd. REVNO. OA TE OESCRIPTION
MAYOR SECRETARY
DATE. MASTER RETAIL SITE PLAN & CONCEPT PLAN
PLANNING AND ZONING COMM ISION
CHAIRMAN
DATE'.
N SHEET. 1 • •
_ OF: �
APPROVAL DOES NOT CODES
ANY WORK IN
oNFucA wOE ANY cones oR oRowANcSs
DESIGN DRAWN GATE SCALE SHEET
DEPARTMENT OF DEVELOPMENT SERVICES
N/A OBA APRIL
2018
REFERENCE:
CUIB-03 & SU18-01
01 -WEST ELEVATION x,J—,NaJ Na. x„-,N�sroaEaoN-
33'-10-..(.f.
T.O. PARAPET
27'-10' a.lf.
T.O. PARAPET
01
J2'-0' a.f.f.
T.O. PARAPET
3
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12'-0'a.f.f.
B.O. TRELLIS
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EXHIBIT 4 TO 1A
Page ol, of
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01 I
EXISTING RETAIL
SCALE: N.T.S.
4 02
CU18-03 & SU18-01
02 - EAST ELEVATION
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12'-0' a.Lf.
T.O. PARAPET
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71 NOT FOR CONSTRUCTION
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CASE NAME: CORKY'$ GAMING BISTRO
qTF OF S�'}
CASE NUMBER: CUV W3 & SUl"l
I
LOCATION: 3520 NORTH GRAPEVINE MILLS BLVD
j12'-0'a.f.t.
REVISIONS
REV NO.
DATE DESCRIPTION 6
B.O.TREILIS
MAYOR SECRETARY
DATE:
U
CUP MUL Tl-FAMIL Y SUBMITTAL
PLANNING AND ZONING COMMISSIONS
W
03 - NORTH ELEVATION
�
BUILDING ELEVATIONS
„-,N6 S,N6nfA90Na
-sraaEmoNr
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S I
CHAIRMAN
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DATE:
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SHEET: OF 4
`o
f950 N Sumnwns Fmy-Sate 6000
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o� m
Ph: (971) 1]E-7000 Fax'(9Nl 7377001
APPROVAL DOES NOT AUTHORIZE ANY WORKIN
o E
- TBPE Reg. No. F.i530
CONFLICT WITH ANY CODESOR ORDINANCES.
Q
I DRAWN
DATE
SCALE
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DEPARTMENT OF DEVELOPMENT SERVICES
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B.O. TRELLIS
c
EXHIBIT 4 TO 1A
Page ol, of
03
� l
01 I
EXISTING RETAIL
SCALE: N.T.S.
4 02
CU18-03 & SU18-01
CCN cxi�STING - Z rE-us
. Hary
J1 r f.t.
T.O. PARAPET
12'-0' a.Lf.
8.0. CANOPY
71 NOT FOR CONSTRUCTION
�- E,<1sr,N� RA3oNar
ARCS
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a
�` f2495 P
CASE NAME: CORKY'$ GAMING BISTRO
qTF OF S�'}
CASE NUMBER: CUV W3 & SUl"l
ry • S • uj
LOCATION: 3520 NORTH GRAPEVINE MILLS BLVD
REVISIONS
REV NO.
DATE DESCRIPTION 6
MAYOR SECRETARY
DATE:
CUP MUL Tl-FAMIL Y SUBMITTAL
PLANNING AND ZONING COMMISSIONS
BUILDING ELEVATIONS
S I
CHAIRMAN
wn*srane
DATE:
SHEET: OF 4
��
f950 N Sumnwns Fmy-Sate 6000
oauae, real rsz9r
Ph: (971) 1]E-7000 Fax'(9Nl 7377001
APPROVAL DOES NOT AUTHORIZE ANY WORKIN
- TBPE Reg. No. F.i530
CONFLICT WITH ANY CODESOR ORDINANCES.
DESIGN
I DRAWN
DATE
SCALE
SHEET
DEPARTMENT OF DEVELOPMENT SERVICES
HLR
HLR
OCT
2016
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CU18-02 & SU18-01
3520 NORTH GRAPEVINE MILLS BLVD.
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.HAIR !AFi1
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APPROVAL DOES NOT AUTHORIZE ANY WORK IN
CONFUCT WITH ANY CODES OR ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
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,:ABE> CU18-02 & SU18-01
"1 3520 NORTH GRAPEVINE MILLS BLVD.
APPROVAL DOES NOT AUTHORIZE ANY WORK IN
CONFLICT WITH ANY CODES OR ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
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