HomeMy WebLinkAboutORD 2021-066ORDINANCE NO. 2021-066
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU21-28 TO AMEND THE SITE PLAN APPROVED BY
ORDINANCE NO. 2014-12, TO ALLOW FOR THE
POSSESSION, STORAGE, RETAIL SALES AND ON- AND
OFF -PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER AND WINE) AND OUTDOOR DINING 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); 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 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
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:
Ordinance No. 2021-066 2
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 No. CU21-28 to amend the previously approved site
plan of Conditional Use Permit CU14-02 (Ordinance No. 2014-12) to allow for the
possession, storage, retail sales on- and off -premise consumption of alcoholic beverages
(beer and wine) and outdoor dining in conjunction with a restaurant (Ya Ya Yum Boards), in
a district zoned "CBD" Central Business District within the following described property:
Tracts 59 & 60A, Abstract 422, William Dooley Survey (112 East Texas Street) 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.
Section 2. The change in Section 1 is granted subject to the following:
Restrictions:
1. The conditional use permit, CU21-28, is applicable only to the current
business owner, Ayesha Patel of Ya Ya Yum Boards, and shall not be
assigned.
2. The conditional use permit, CU21-28, will automatically expire upon the
transfer or amendment to the current certificate of occupancy.
3. There shall be no permit issued for the renovation, expansion or conversion
of the existing kitchen as shown on the attached floorplan of Exhibit "A" of
Ordinance No. 21-0066 without approval of an amendment to the current
conditional use permit, CU21-28.
Section 3. 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 4. 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 5. 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
Ordinance No. 2021-066 3
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 6. 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 7. 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 8. 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 9. 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 21st day of December, 2021.
William D. T
Mayor
ATTEST:
Tara Brooks
City Secretary
Ordinance No. 2021-066 4
APPROVED AS TO FORM:
I'% �0- P.�
Mattew C.G. Boyle
City Attorney
Ordinance No. 2021-066
E.TEXAS ST.
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DRAWN BY: DP
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TOTAL BUILDING COVERAGE
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AREA LOT
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DIMENS
IONAL SIONAL CONTROL SITE PLAN
1
A1.0 SCALE: 1= 10'-0"
CONDITIONAL USE REQUEST CU21-28 IS A REQUEST TO
AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU14-02
(ORD. 2014-02) TO ALLOW FOR THE POSSESSION, STORAGE,
RETAIL SALE, ON -PREMISE AND OFF -PREMISE
1 CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY)
AND AN OUTSIDE TASTING AREA, SPECIFICALLY TO ALLOW
A RESTAURANT WITH OUTSIDE DINING AND TO ALLOW THE
POSSESSION, STORAGE, RETAIL SALE AND ON AND OFF
PREMISE (BEER & WINE).
THE PREMISE IS THE ENTIRE SITE
LOCATION OF PROJECT
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Approved with the conditional use permit being applicable only to the
current owners and shall not be assigned further that the
conditional use permit will automatically expire upon the transfer or
amendment to the current certificate of occupancy,
and there shall be no permit is Lied for the renovation. expansion
or conversion of the existing kitchen without approval of an amendment to
the current conditional use permit
— I NAME. YAYA YUM BOARDS
CASE NUMBER: CU21-28
LOCATION: 112 E TEXAS STREET
GRAPEVINE, TEXAS 15051
MAYOR SECRETARY
DATE'.
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE.
SMEET'_ OF_
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
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HOURS OF OPERATION:
MON-WED: CLOSED
THURS-SAT: 12PM-6PM
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'NOTE: ADEQUATE PARKING IS PROVIDED
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PARKING LOT
AMOUNT OF PARKING
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8 SPACES AVAILABLE
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20 SPACES AVAILABLE
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GENERAL PARKING
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GENERAL PARKING
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CONDITIONAL PARKING
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GENERAL PARKING
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CONDITIONAL PARKING
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TYPICAL PARKING SPACE
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� E NAME YAYAYUM BGARD6
CASE NUMBER: CU21-26
LOCATION: 112 E TE%AS STREET
GRAPEVINE. TE S76051
MAYOR SECRETARY
DATE'.
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE.
SHEET _ OF_
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
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DRAWN RY: DP
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EXISTING METAL
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( 1 ) NORTH (FRONT) ELEVATION
A4O SCALE :1/4•=V-0" NOTES ALL EXISTING MATERIALS TO REMAIN.
MASONRY FACADE CONDITI❑NS UNCHANGED
WEST (LEFT) ELEVATION
A4.0 SCALE: 1/4"=V-0'
AREA OF PROPOSED USE
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MASONRY FACADE CONDITIONS UNCHANGED
1 3 1 SOUTH (REAR) ELEVATION
A4.0 SCALE'. 1/4"=V-01'
NOTE: ALL EXISTING MATERIALS TO REMAIN,
MASONRY FACADE CONDITIONS UNCHANGED
HOURS OF OPERATION:
MON-WED: CLOSED
THURS-SAT: 12PM-6PM
SUN: 11AM-3PM
EXISTING METAL
SCREENING RAILING
CASE NAME. YAYA YOM BOARDS
CASE NUMBER. CU21-28
LOCATION: 112 E TEXAS STREET
GRAPEVINE, TEXAS TB(151
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE'
SNEET:_ OF
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
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