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Home My WebLink AboutORD 2018-039 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 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, 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: a 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 SU 18-02 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. LSection 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 land described herein shall be declared to be invalid, the same shall not affect the validity I of the zoning of the balance of the tract or tracts of land described herein. Ordinance No. 2018-039 3 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: Willia D. Tate Mayor ATTEST: GRAPE .ti /....akie U Isl I Tara Brooks r .' City Secretary *--'* APPROVED AS TO FORM: CityAir - Attorney Y Ordinance No. 2018-039 4 I O iL i' GRAPEVINE MILLS BOULEVARD LOT 5AR2 _ _ LOT 5AR1A j - 1� (� - Q1 19 1� LOT 3A1 c l�jP,E I RETAIL )(�J FUTURE I 2 RETAIL 8.. 000 SF 4.1 7.200 SF � + I PARK I EXISTING 1 BUILDING J 48,931 SF \ __ STRUCTURE + PROPOSED PARK RETAIL 11.200 SF » C7 COURTYARD / COURTYARD 1 1 t i t I VJ L_—_� PARKING .MULTIFAMILY BUILDING VICINITY MAP j N SITE DATA PARKING DATA / LOT 5AR2 APPROXIMATE BUILDING HEIGHTS SITE LOCATION TOTAL PARKING REQUIRED 306 BUILDING NUMBER BUILDING TYPE HEIGHT SOUTH WEST CORNER OF GRAPEVINE MILLS BLVD. 2,527 SF RESTAURANT 36 AND TEXAS 121 FRONTAGE ROAD 17,439 SF RETAIL 70 5 EXISTING BUILDING 32'-0" 1 STORY GRAPEVIN MILLS BLVD CURRENT ZONING CC 19,928 SF INDOOR COMMERCIAL 200 9,037 SF NON OCCUPIED SPACE 0 TOTAL LOT AREA 236,822A89 S.F. y SIT EXISTING BUILDING (5.4366 ACRES) ,T+P TOTAL PARKING PROVIDED 310 TOTAL BUILDING AREA 48,9315.F. EXISTING BUILDING I - z SHOPPING CENTER RETAIL: 4 SPACES PER 1000 SF RESTAURANTS IN SHOPPING CENTERS: 10 ADDITIONAL SPACES PER 1000 SF o 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. SITE PLAN - EXISTING RETAIL _ , SCALE. 1.40 COURTYARD SITE LEGEND EXHIBIT TO 1 bbl Pews--_--- -of --A= � a PROPOSED 45 RETAIL wan 3.000 SF OBUILDING NUMEER DENOTES 9' MIN. WIDE HANDICAP PARKING SPACE STRUCTURE DOG PARK NOT FOR CONSTRUCTION CASE NUMBER'. CU18-03 & SU18AH LOCATION: 3520 N -1l —p—E MIAs Blvd. REV NO OA TE DESCRIPTION MAYOR secREragv DATE. MASTER RETAIL SITE PLAN & CONCEPT PLAN 07 PLANNING AND ZONING COMMISION CHAIRMAN OATE: Nw SHEET: 1 OF 4 APPROVALNOT AUTHORIZE ANY WORK IN CONFLICT WITH lrH Auv cones OR ogDluANces DES7GN DRAWN DATE SCALE SHEET DEPARTMENT OF DEVELOPMENT SERVICES N/A - OeA APR" 7078 M 25-0' a.Lf. T.O. PARP vERu^GSED - REFERENCE: CU18-03 & SU18-01 01 R.4oPo5ED NFv iDN /nDrvviD a�+ul!! - NEWCTEuS T.O. PARAPET 3 - E 8.0. TRELLIS 01 -WEST ELEVATION sr,ry as rvR, C 2r.a•a.t.r. ioxorr,ox �aEN°•H �Ru vROPoSEe - iR�+WSED- - �FJinCE Ea0 - wEW %ELL'S vE'.x GNOVY _ � �_r N MTJ GNu . i.O. PARAPET rory .¢ENarN a. T.O. PARAPET a.I.f. -T. T.O. PARAPET B.O. CANOPY _ nxc Exrsrrvc NASDxar NOT FOR CONSTRUCTION i, µED AR �S C5 w. p� m 02 - EAST ELEVATION s*wc xr5 rvc 4 12.0 P CASE NAME: CORKY'S GAMING BISTRO OF S�+ 27'-S- ..U. OL T.O. PARAPET RL • S T.O.Ir PARAPET RRDroSED .vEw' . aarvC£ vROPoSEe - iR�+WSED- - �FJinCE Ea0 - wEW %ELL'S vE'.x GNOVY _ � �_r N MTJ GNu . 03 To 6n.:2,0U17103f Page 7, of 402 CUIB-03 & SU18-01 rory .¢ENarN a. T.O. PAR71-0'APETl.f. -T. f 2'-0" a.Lf. B.O. CANOPY 03 To 6n.:2,0U17103f Page 7, of 402 CUIB-03 & SU18-01 rory .¢ENarN a. T.O. PAR71-0'APETl.f. f 2'-0" a.Lf. B.O. CANOPY _ nxc Exrsrrvc NASDxar NOT FOR CONSTRUCTION µED AR �S C5 w. p� m � 4 12.0 P CASE NAME: CORKY'S GAMING BISTRO OF S�+ CASE NUMBER: CU18.03 & SU18�01 RL • S LOCATION: 3520 NORTH GRAPEVINE MILLS BLVD REVISIONS REV NO. GATE DESCRIPTION E MAYOR SECRETARY DATE: CUP MUL TI-FAMIL Y SUBMITTAL PLANNING AND ZONING COMMISSIONS BUILDING ELEVATIONS CHAIRMAN swu:.,„� DATE: SHEET OF 4 f950 N Svvnmans Fmy Svife 6000 �� Dams. rax'2PE"R EXISTING RETAILRPE O1 APPROVAL DOES NOT AUT WORK R ANYORDINANCES. FU( L) 3s -:m00 F- (9 735a f Rey. Nv. F35a0 SCALE: N.r.s. ANCES. CONFDCT WITH ANY CODES OR ORDINANCES. ES DESIGN DRAWN DATE SCALE SHEET DEPARTMENT OF DEVELOPMENT SERVICES HCR I HCR OCT 2016 �i l / I LVUIVVC II�� O O O O CDD cErj 00 00 00 00 �B EXHIBIT A' TO Page of fi J 3� J - C � 3 a CORKY'S GAMING BISTRO CUIS-02 & SUIB-01 3520 NORTH GRAPEVINE MILLS BLVD. —All —i, r.-_- 3 y APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES C c N N L as Ln z 0 J Lf1 J � -� X L.L. z Z O a a 0 N Lf) M Z 10B ND 7C7 O DATE .' KALE: AS 5f.,+_`, L._._ / DRAWN BY L.1J J REVIEION DATE_ (W V Z Q l.L_ O D302 GAME ROOM I I V_ U10 O DINING EXHIBIT'- TO M D,01g-3q Page of�- o— 9 J i J F� N cu 4-1-1 m - n1 L W a tiE: CORKY'S GAMING BISTRO �lBr� CU 18-02 & SUIB-01 .... 3520 NORTH GRAPEVINE MILLS BLVD. _ - 4 „ 4 - " - - APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES " - DEPARTMENT OF DEVELOPMENT SERVICES II �I KITCHEN -- BAR i WALK-IN In All WOMEN MEN= I _ I �\ EXPOrt. l STORAGE AREA il ii DINING -- - j _4 -01 01) - i ORDERING COUNTER � - i KITCHEN COURTS HOST SII ".I '!'_ _Ails O O O O - - STORAGE OO =.1 - a O DINING O p CONTROL OCL CT5 CT4 CT3 CT2 CT1 O O D/\0 O LOUNGE II 00 COD L= PATIO COD COD COD 0000 30 0 DISH F_ 'i GAME1 GAME3 GAME 2 T 1 00 = OFFICE GAME Z 0 Ln CD O J � I.L z Z p>> Uww CL CL 99 C7 0 0 N Lf) M M8 N0. DATE, _= SCALE. MA.1 w RCviSIUN DATE.- ,IIEET NO. D106