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HomeMy WebLinkAboutORD 2015-010AN 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 CU15-01 TO ALLOW FOR A WINERY AND WINE TASTING ROOM WITH ON- AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN A DISTRICT ZONED "GU" GOVERNMENTAL USE 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 & 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 considerthe 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: •'i NO. 2015-010 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 CU15-01 to allow for a winery and wine tasting room with the possession, storage, retail sale, and on- and off -premise consumption of alcoholic beverages (wine only) for Bingham Family Cellars in a district zoned "GU" Governmental Use District within the following described property: proposed to be platted as Lot 1, Block 1, Grapevine Museum District (620 South Main 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, 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. 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 ORD. NO. 2015-010 3 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 February, 2015. Masaf-m"s ATTEST: Q Tara Brooks City Secretary John F. Boyle, Jr. City Attorney ORD. NO. 2015-010 4 CASE NAME. CASE NUMBER: LOCATION: MAYOR SECRETARY DATE PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET. OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONI ­UC I WI I H ANY CODES OR ------�1RD�NAN�E�------- DEPARTMENT OF DEVELOPMENT SERVICES I ---- I i PROJECT INFORMATION: MCONDITIONAL USE REQUEST CUl 5-01 IS A MINIMUM LOSIZE: ZONING: E: 11,,50SF DISTRICT REQUEST TOALLOW THE ANDOESSI OFF L RETAI SALE LOT AREA: 61,3385E PREMISE CONSUMPTION OF ALCOHOLIC I -=hl -- p 2,306 SFW IMPERVIOUS AREA: '032 SF OPEN AREA: WITH AA WNERYBEVERAGES IAND WINE ITAST NG ROOMN -Ni 18 19 20 BUILDING AREA: 928 SF USE GROUP CLASSIFICATION: MERCANTILE I L NO. OF BUILDING OCCUPANTS: 31 PARKING SPACES REQUIRED: 11 PARKING SPACES PROVIDED81 21 22 23 24 02D. av l5_ -LQ ( I Page IOf --------------------------- --------------J I — - — - — - — - — - — ---------------------- - - - --- ---- ---- _O O —00 155.10 . o_I EXISTING - - - 21 i SIDEWALK -- 1 2 - 3- 4 -5 - 6 7 ---- -8 - 9 10 11 12 13 14 1 15 16 17 =»:>:3 !-ONEWAY� I I J _ EXISTING PARKING LOT 27 28 9' 29 9� 30 01 41 40 39 38 37 36 35 34 33 32 31 58 57 56 55 54 53 52 w 4243 44 45 46 47 48 49 50 51 27 28 9' 29 9� 30 01 41 40 39 38 37 36 35 34 33 32 31 60.. 276.77 . EXISTING CVB - BUILDING II II i I___ IIIc o ----------� I. III 75 76 N 77 HUDGINS STREET (T)1 Site Plan -- IN CASE NUMBER: CU 15-01 CASE NAME: BINGHAM FAMILY CELLARS LOCATION: 620 SOUTH MAIN STREET, LOT 9R, BLOCK 14, CITY OF GRAPEVINE ADDITYON 80 0 w w c y a IL si u N STORK PRESERVATION. INC.. 79 II ] MA A I RIL[.A ST. 2nd F DALLAS. TEXAS ]55202011 I 214.748.4361 FASB 214.748.4241 WH��BWWWARCHITBXAS-COM II q �131WWw • k c I o I I 59 i I I I I y 60.. 276.77 . EXISTING CVB - BUILDING II II i I___ IIIc o ----------� I. III 75 76 N 77 HUDGINS STREET (T)1 Site Plan -- IN CASE NUMBER: CU 15-01 CASE NAME: BINGHAM FAMILY CELLARS LOCATION: 620 SOUTH MAIN STREET, LOT 9R, BLOCK 14, CITY OF GRAPEVINE ADDITYON 78 ilo i �p qR Tasting Room Dimensional Control Site Plan DRAWN BY Autroff CHECKED BY 7 Jan. DATE: ► ®,0 PROJECT NO. 1430 SH EET'N O. 80 I� w w c U) A R C H I T E X A S II N STORK PRESERVATION. INC.. 79 II ] MA A I RIL[.A ST. 2nd F DALLAS. TEXAS ]55202011 I 214.748.4361 FASB 214.748.4241 WH��BWWWARCHITBXAS-COM II �131WWw • 11 ,11: 29 JANUARY 2015 78 ilo i �p qR Tasting Room Dimensional Control Site Plan DRAWN BY Autroff CHECKED BY 7 Jan. DATE: ► ®,0 PROJECT NO. 1430 SH EET'N O. 620 SOUTH MAIN STREET 2 620 So outh Main Street - Elevation EXHIBIT a TO • 1 I • Page At, of CASE NAME CASE NUMBER: LOCATION: MAYOR SECRETARY DATE PLANNING AND ZONING COMMISSION '.. CHAIRMAN DATE' SHEET' OF APPROVAL DOES NOT AUTI IORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES EXISTING ZONING: G . DISTRICT CONDITIONAL USE REQUEST CU15-01 IS A MINIMUM LOT SIZE: 1,500 SF REQUEST TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON AND OFF LOT AREA: 61.338 SF PREMISE CONSUMPTION OF ALCOHOLIC IMPERVIOUS AREA'. 59,032 SF BEVERAGES (WINE ONLY) IN CONJUNCTION OPEN AREA-. 2.306 SF WITH A WINERY AND WINE TASTING ROOM. BUILDING AREA 928 SF USE GROUP CLASSIFICATION. MERCANTILE NO. OF BUILDING OCCUPANTS: 31 PARKING SPACES REQUIRED'. 11 ' PARKING SPACES PROVIDED'. 81 44. 9.. 34'-11/2" FIELD VERIFY - OPEN STOCK STORAGE ABOVE WALL DISPUIY OPEN STOCK STORAGE ABOVE OFFICE / BONDED- ^ TALL LOWER CABINET (CASE STORAGE) 36" TALL LOWER CABINET (CASE STORAGE) - STORAGE GYP BOARD PARTITIONS TO DECK. PAINT. 620 SOUTH MAIN STREET PRIVACY CURTAIN rn -' SII I, LINE OF HARD CEILING ABOVE _________ ___-- EXISTING ADA RESTROOM DRAIN TO JG CHASE `IN `O 42 TALL BAR -TOP - ----- - ---- - ADA KNEE i -SPACE--ji ' o - 34" TALL LOWER CABINET HAND p'®'v'UU �" WASH f---- _-- - - 36"TALL LOWER CABINET --- SINK DW ° 'FRIDGE (2X)'� �: -MAIN ENTRANCE ii GLASSSTORAGE ABOVE--i---I o OPENING BETWEEN J LEASE AREAS EXISTING ART GALLERY N 620 South Main Street - Floor Plan 9 2 4 8' r� �H U ® V "n W >r x � bJJ � E•- cCi ct o CASE NUMBER: CU 15-01 CASE NAME: BNGHAM FAMR.Y CELLARS LOCATION: 620 SOUTH MAN STREET, LOT 9R, BLOCK 14, CITY OF GRAPEVINE ADDITION ARCHITEXAS ARCHITECTURE. PLANNING AND HISTORIC PRESERVATION. INC. 1907 MARILLA ST, 2nd FLOOR DALLAS. TEXAS 75201 214.748.4561 FAX 214.748.4241 .`EB W W W.ARCH1T XAS.CAM 17'%6716104 REV #1: 29 JANUARY 2015 QED AqC lu�S e A�y'�Fj':l 9TE OF tai-.- Tasting Room w Floor Plan & w Elevation F" cn z Q 6 I Author Checker 6 7 Jan. 2015 1430 Al.l