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Home My WebLink AboutORD 2012-010 ORDINANCE NO. 2012-10 AN ORDINANCE 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 CU12-08 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; 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 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. ORD. NO. 2012-10 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 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 CU12-08 to allow the possession, storage, retail sale, and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Jake's Hamburgers) in a district zoned "CBD" Central Business District within the following described property: Lot 1 R1, Block 4, and the remainder of Lot 3, Original Town of Grapevine (520 South Main Street, Suite 201) 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 forthe 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 ORD. NO. 2012-10 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. 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 20th day of March, 2012. APPROVED: I William D. Tate Mayor ATTEST: 4JC. Brown Ci y Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2012-1 0 4 •�,��... . Page _1_.... Of .�.--- EV .r :z (L 0 5 10 20 40 S. MAIN STREET - PREPARED BY: th .m:yw,V E Nor L SCALE IN FEET AEW LANDSCAPED AREA a t 1 INCH 10 FEET W/SEASONAL PLANTINGS - FW _ 47 3 # F71B98 O P.O. F O BOX -------�4 UIL.IO2----------- ----- tuts $ FORT WORTH,TX7 ------- 5,n j .•....0 FTtu,St i � TEL.817.379.122 � E FAX.'817.704.4458 FIRM NO:7585 K E L L I E ( O PROPOSE +T.y.St fCpY.geh ENOINEEF»NO,FNG. PU IC SIDEW LK N 2 r ASEMENT OWNER: � fA CONCRETE PUBLIC SIDEWALK J r O _' Blatwlc,LLC N — ——— — ————— — E Dallas Rd CONTACT:ANTHONY BOLOGNA ———— � �' c W Dallas Rd E Dallas Rd�. "x a w 520 S.MAIN STREET,Suites 888B GRAPEVINE,TX 76051 TEL-214.507.4899 JAKE'S RESTAURANT � VIC,QNIIT°YMAIIs 2360 SF SHE]EII'UgDEX y —— 3 RE TAURANT SFEET N0. DESt 6'TION 2 W 87-SEATS I OVERALL SITE PLAN O RETAIL 2 BUILDING ELEVATIONS 8 SIGNAGE Q 1860 SF. y J � 3 CONDITIONAL USE PERMIT, CU12- IS A REQUEST TO RETAIL E ~ I060 L W I. ALLOW A RESTAURANT USE WITHIN THE 'CBD' ZONING DISTRICT. LJ� ar o 2. ALLOW FOR THE SALE, STORAGE, AND ON-PREMISE CONSUMPTION, OF LLJ (n ICI W ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN 0_ W LU CONJUNCTION WITH THIS RESTAURANT USE REQUEST. c OLU N Q p ZONED CBD 3. THE 'PREMISE' IS THE AREA DESIGNATED FOR THE RESTAURANT ON ° 4 CENTRAL BUSINESS DISTRIC' z THIS SITE PLAN. z e ZONED CBD � CENTRAL BUSINESS DISTRICT J Q. KITCHEN� � z � L08I ■ Q a RETAIL � I h Qy c�Sm 400 SF. r W 1� E ly1 a O I"I"I U) Q h RETAIL c ¢ Q o 460 SF. 3 41 o m w BA TN OMS c �� PHASE 2 0 ~ 0 RESTA RANT OFFICE Q c a STO AGE 460 SF. O _ Currently Retail ti � w a i 42 SF. y y Potential Of/ice Suites W c J � Jj ° RETAIL ' 4,000 SF. z O r D o W 410 SF. v 99 JAKE'S RESTAURANT O "' - 420 SF Z r U Q EXISTING DLWS TER LOCATION ' TRAFFIC CIRCULATION = > RETAIL OFFICE OFFICE OFFICE AEW SCREEAFNG TO BE INSTALLED i 600 SF. 460 SF. 360 SF. 340 SF. 9 w —EX—ISTN LANSCAPED AREA ` E -- E E ZONED E CBD � CENTRAL BUSINESS DISTRICT CASE NAME: JAKES HAMBURGERS $ SITE SUMMARY TABLE Building Use&Parking Analysis CASE NUMBER CUI2-08 SITE PLAN ZONING CBD Requirements Gross Building Square Footage 16,840 of LOCATION 520 S. MAIN STREET cn a Dt rea acres Net Leasable Area 73,190 of 520 S. Main Street Lot Area(sf) 31,393 1,500 --------------- ------------------ Lot Width(ft) 178 20 Leaseable Area by Use: MAYOR SECRETARY (�1J12_ aLot Depth(ft) 142 75 Professional Office(sf) 5,620 of 5 plus 1 per 300 of of gross floor area=24 spaces PLANNING AND ZONING COMMISSION 0.721 ACRES,ZONED'CBD` Building(s.f.) 16,840 Retail(af) 4,790 of 5 plus 1 per 200 of of gross floor area=29 spaces SmJATED AT I Building Coverage(%) 53.6% 300%max Restaurant(sf),seats 2,775 of, 67 seats 1 per 3 seats=29 spaces -------------------- CHAIRMAN LOTS IR,2,AND 36;BLOCK 4 R DATE----------- ORIGINAL TOWN OF GRAPEVINE Height of Building 20 ft 30 ff max g Open Space(s.f.) 1,340 Parking Summary SHEET, I OF 2 CITY OF GRAPEVINE,TARRANT COUNTY b Percent Open Space 4.3% none Parking Required: 82 APPROVAL DOES NOT AUTHORIZE ANY WORK iImpervious Area s.. Parkin Provided: 42 42 onsite,40 public parkin within CBD IN CONFLICT WITH ANY CODES OR ORDINANCES. TEXAS Percent Impervious Area 95.7% 100%max tDEPARTMENT OF DEVELOPMENT SERVICES March 5, 2012 r it Page of E- a -7 D ;T ......... BURGERS-BEER 8 ATMOSPHERE 17JR�5i_ L _E_ST._19a5 %E 1W %1Y it du ki 0110UN I 7-1 -1 1 171 FH ,17 "Z 2= ZM=M� 77 Tr _1 -11,*nl M17 dfl., —_101 _4 TH, L I L [F I]--, I , �1-.11 "1-.1 -LA-1 FF 1=1:1 111D 1:1 L E E1E1 1:1 ri I; JAKE'S BURGERS Ij CL DEMISING WALL 11 DEMISING WALL EXT ERIOR E�LEVA�TION. II I. it 103" Building Fasica Description:Hand painted on brick wall with exposed noon NoonO Transformer 13mm Neon Tubing II "Jakes"40*x 1031 logo,hand painted NOTES: Green on brick wall. 1 LANDSCAPING&BUFFERING TO COMPLY WITH SECTION 53,LANDSCAPING. "EST.1985" 12"letters are also hand 2 PARKING To COMPLY WITH SECTION 56,OFF-STREET PARKING REGULATIONS. X painted on brick wall in Red. Neon f/ 3 THE BUILDING IS CURRENTLY SERVED WITH EXISTING WATER,SEWER,AND FIRE PROTECTION LINES. wag q` FIRE HYDRANTS ARE LOCATED IN THE SURROUNDING CITY STREETS. (6 Image will have a distressed look. Transformer 4. CITY LLJ _`-EST. 1985 13mm Neon Tubing 5. ALL CONSTRUCTION SHALL COMPLY WITH THE CITY OF GRAPEVINE SOIL EROSION ORDINANCE. z L'u z PMS Green and PMS Red colors will be < 0 72" chosen by Client. Exposed 13mm double stroke Neon in CONDITIONAL USE PERMIT. CU12- IS A REQUEST TOi a-§ z Green for"Jakes"and Red neon for I. ALLOW A RESTAURANT USE WITHIN THE 'CBD' ZONING DISTRICT. <0 Lu "EST.1985". 2. ALLOW FOR THE SALE, STORAGE, AND ON-PREMISE CONSUMPTION, OF II (D W uj ALCOHOLIC BEVERAGES (BEER. WINE. AND MD(ED BEVERAGES) IN W CONJUNCTION WITH THIS RESTAURANT USE REQUEST. 0� I D 3. THE 'PREMISE' IS THE AREA DESIGNATED FOR THE RESTAURANT ON (/)U) z 0 THIS SITE PLAN. LLJ K 3: W 111-4- I, Y 2< W I-_ 0 �2 0 W A CASE NAME JAKES HAMBURGERS X cli= CASE NUMBER i CU12-08 LOCATION 1 520 S. MAIN STREET 02/24/2012 II 03.1052012 CUP ------------------- 12"Hand Painted Red letters on corrugated tin'bamroof AAWW--------- SECRETARY Reading BURGERS BEER&ATMOSPHERE Image and metal to have a distressed look. PLAWING AND ZONING COMMISSION Colors may vary from program to program. A PMS color will need to be chosen by client Ij ------------------ it CHAIRMAN DATE,---------- SHEET, 2 OF 2 P101-N-b., APPROVAL DOES NOT AUTHORIZE ANY WORK 12-010 IN CONFLICT WITH ANY CODES OR ORDINANCES. S-1 I-- DEPARTMENT OF DEVELOPMENT SERVICES III 2 of 2