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HomeMy WebLinkAboutORD 2014-012ORDINANCE NO. 2014 -12 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 CU14 -02 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) AND OUTDOOR SEATING IN CONJUNCTION WITH A WINERY 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 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 I 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. 2014 -12 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 CU14 -02 to allow for the possession, storage, retail sale and on- and off - premise consumption of alcoholic beverages (wine only) and outdoor seating in conjunction with a winery (Sloan & Williams Winery), in a district zoned "CBD" Central Business District within the following described property: Tracts 59 and 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, including but not limited to the following: The Sloan & Williams Winery, LLC Proposed Conditional Use Project Description is hereby attached as Exhibit "B" and made apart of this ordinance. 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 x Grapevine, Texas. i 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 ORD. NO. 2014-12 E 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 18th day of March, 2014. ATTEST: J di C. Brown CiW Secretary John F. Boyle, Jr. City Attorney ORD. NO. 2014 -12 4 F- J.1-d ' PRELIMINARY • ©T FOR C ©NST ' UCTION �� ' • Mimploillill • Il ' a , Page of 5 10 20 CONDITIONAL USE REQUEST, CU14 -02 IS A REQUEST TO ALLOW FOR THE POSSESSION, STORAGE, RETAIL SALE, ON- PREMISE AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) AND AN 112 EAST TEXAS STREET OUTSIDE TASTING AREA IN CONJUCTION WITH A WINERY /TAiRizANT COUNTY t ��A�EVINE� TEXA� THE PREMISE fS THE ENT( SITE. NORTH LOCATION OF fi FOJECT Vf Clidf T� ,4f=& AREAS Sa FT. TOTAL BUILDING (A/C) 1600 PATIO 330 TOTAL 6UfLpT -covERAce 1930 AREA LOT 28 16 Date01 /06/13 Drawn B,y MJW chew % MJW Revistone PATIO 3/5/14 RR 3Fi_/14 WIXOM ej a M! 9sTO! IQW F I mi I–' 3 J 3 u W 13 1 u z C'Ik3h "N+N DA.:E: _ aK=,: 1 OF 4 A?PRO,'ALICES NOT: THORREAPP WORK IN CONF EC T VATH k T CODES OR OROINANCE9. OERARTMENT CFOEVELGPNENTSERVI +:.E, m 0 N a Q Tiv ,°Kitt $z¢ FZE zip3 � N III omm ONN inn m'mS =W °mop Shed NO. Al Project No. 131-IIWIN s ,AS =_ -�-SLOAN a ULLIAHB WPRY cns; N IMBE 8:CU14 LnATK 112 E . TEXAS STREET F '.. A ?AYCd2 EECRETA— G4'E _ PLANNING FNC ZOANG GOt1t.tIESICt. C'Ik3h "N+N DA.:E: _ aK=,: 1 OF 4 A?PRO,'ALICES NOT: THORREAPP WORK IN CONF EC T VATH k T CODES OR OROINANCE9. OERARTMENT CFOEVELGPNENTSERVI +:.E, m 0 N a Q Tiv ,°Kitt $z¢ FZE zip3 � N III omm ONN inn m'mS =W °mop Shed NO. Al Project No. 131-IIWIN PRELIMINARY NOT FO ' CO STRUCTION' ZZA j IN F-7 rMA 301 (00, 120' (D 112 EAST TEXAS STREET T,4fRfR,4NT COUNTY NORTH GfRAFEVNE, TEXAS E. UJA L L 5T'. LOCATIO1 PROJOF ECT E. TEXAS 0 EXHIBrr i TO 690. olo/4-toL Page a Of PARKING ANALYSIS CHART USE . WINERY AREA Sa FT.. IWO SOFT. PARKW4 REQUIRED: 20 PARKING PROVIDED: 226 -NOTE: ADEQUATE PAWING IS PROVIDED DUE TO OFF-STREET PAWING LOT AMOUNT Or PAWING A a a SPACES AVAILABLE 13 IS AFTER 6pm. 12 SPACES AFTER VIM: r. SPACES C 48 150 GENERAL PARKING D 32 GENERAL PARKING I E GENERAL PARKING F 20 GENERAL PARKING G SO GENERAL f-AWItIG CONDITIONAL USE REQUEST, CU14-02 15 A REQUEST TO ALLOW FOR THE POSSESSION, STORAGE, RETAIL SALE, ON- PREMISE AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) AND AN OUTSIDE TASTING AREA IN CONJUCTION WITH A WINERY THE PREMISE 16 THE ENTIRE SITE. MAXIMUM 1:50 CROSS SLOPE-e----" TYPICAL PARKING SPACE QA,lE.l.E:$L0AN cAs- N',M� CU14-iff" WMIty LMA7'1-: X17 E. TEXAS WAYOR SECRETARY DK-E: 511EE- 2 OF 4 Az?RW,fAL DQES NOT AUTHOR2E ANn. WDRIK IN CONFLICT WITH AW-D-13 OR ORDINW CES, DUARMENT ^F DBTLOPMENT SERVI,-H Dfitej01 j06Z13 — Drawn Z m liE ROVISTOM6 jg111I fl .E 6 MAYHE I :4 lu O T* ONN m O1 Sheet No. A2 Project No. @I 131,11WIN 2 3 WALL KEY EXISTING WALL O NEW WALL �.�_ * I O LR T 1 I DEMO WALL C _ _ _ 7 I � I\ I A3 EXHIBITS TO 041. cgo/4 -i ; L Page 3 of .4 PROPOSED FLOOR PLAN SCALE: 114'= 1'0' I' 2' 4' AREAS SG2 FT. TOTAL BUILDING (A/C) 1600 PATIO 330 TOTAL BUILDING COVERAGE 1930 OCCUPANCY LOAD FOR CONSUMPTION AREAS = 1/15 TOTAL AREA OF CONSUMPTION AREA • 610 SQFT. 3 A3 CU 14 -02 approved with the condition that the outdoor patio close no later than 10 pm every night PRELIMINARY NOT FOR CON TRUCTION FOR APPROVAL ONLY -HOT FOR CONSTRUCTION- II' -0' 33'_0• 5'_0• l' -8' OGGUPANGT LOAD • 41 CONTRACTOR A ITALi•4FIOL DISF'LAT 1 // \ \ALCOHOL DISPLAY N TO BE i <\ I _ D(ING DOOR / \ . yN '\ 11 \ ` II IIIISE A TASTING \ PATIOA \ AREA DF CQ!s�tmr IQJ� TO BE OVED \ �, rHAry -- oasnr WALLS �I II VX32'. ° 11'0'X3(00" \MAIN`Lark `\ Ivies\ \ HATCHED) AREA,. GONSrRiPTION DOOR I m 1 HAI EXISTINC3 LEASE SPACE LI'L- E B >AB V. AR REMO -LAY AREA CONsi'IPTION rHATCHED)\ 14J� / \�� PRODUCTION \ AFMA ____ trLE �• IICLEAR /'� 3m x4B'I1�1 1 ll TO BE IS'0 X18'0" RELOCATED HV I� I RE SF'A .ELI EXISTING RESTROQ'I OPTIONAL GATE 1 RELO WINE STORAGE I I 1 DIAI I ` 1 I AR 'I / Ibm' DIA i I� CLEAR I TO MEET TAE. REWIREMENTS X51511 1 \4CE -± SPACE -7 -- A5 PER CONTRACTOR -v' Q-- 2 T- T"I - - -- / 45' -B' 3 A3 CU 14 -02 approved with the condition that the outdoor patio close no later than 10 pm every night PRELIMINARY NOT FOR CON TRUCTION FOR APPROVAL ONLY -HOT FOR CONSTRUCTION- OWNER DATE CONTRACTOR DATE CONDITIONAL USE REQUEST, CU14 -02 IS A REQUEST TO ALLOW FOR THE POSSESSION, STORAGE, RETAIL SALE, ON- PREMISE AND OFF - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) AND AN OUTSIDE TASTING AREA IN CONJUCTION WITH A WINERY THE PREMISE IS THE ENTIRE SITE. HOURS OF OPERATION: MON- THURS: IIAM -SPM FRI -SAT: I IAM- MIDNIGHT SUN: IIAM -9PM (OUTDOOR PATIO OPEN AT IPM) - SUNDAY ONLY: OUTDOOR PATIO OPENING TIME TO COINCIDE WITH CITY OF GRAPEVINE FESTIVALS IF PRIOR TO IPM CASE NAra= '.$LOAN � WILLIAM9 WRERY a_- .N:6ER: -TEXAj LocnrluN: Itl E TEXAS BTREEf t'J.YOR SECRETARY —E PIANNII:G AI:O ZONIN . CCIAN""ON -- OHAI1RI11. SHEET. 3 OF 4 AFPRv ":AL CCE� I:C!T At ITHORIZE AN" V /CRK IN COWL:�T 'ATH ANY �Ob -9 OR ORDINANCE3. DEPiw.TP:XN' :F IM110ES EXHIBIT A TO 61ZO • Page of AREA OF PROPOSED USE _FVIATINr MFTAI 1i10INe'— � nxn i n �xn �xm CONTRACTOR PATE _rs� -- ea:.w-•• -'� e,.'''�`-_�Zi a = ---r -� ��se.�:ua, -� ��i�. •ZEN —NHS _..•..�_z�.i''�'�L x —r i,r x. _ SCREENING RAILING TO PROVIDE PRIVACY NOTE: ALL EXISTING MATERIALS TO REMAIN. 1 FRONT ELEVATION MASONRY FACADE CONDITIONS UNCHANGED A3 I/4' =I'0' EXISTING METAL SIDING AREA OF PROPOSED USE 1'IE A NOTE: ALL EXISTING MATERIALS TO REMAIN. 2 IGHT ELEVATION MASONRY FACADE CONDITIONS UNCHANGED A4 1/4'=1'0' NOTE: FRONT SCREENING RAILING TO PROVIDE PRIVACY ON NORTH WEST ELEVATION MINIMUM HEIGHT TO BE 5' -0' FENCING TO BE METAL W/ LATTICE FOR SCREENING TOWARDS E. TEXAS ST CONDITIONAL USE REQUEST, CU14 -02 IS A REQUEST TO ALLOW FOR THE POSSESSION, STORAGE, RETAIL SALE, ON- PREMISE AND OFF - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) AND AN OUTSIDE TASTING AREA IN CONDUCTION WITH A WINERY THE PREMISE IS THE ENTIRE SITE. NOT FOR CONSTRUCTION � t FOR APPROVAL ONLY -NOT FOR CONSTRUCTION - OWNER DATE CONTRACTOR PATE NOTE: ALL EXISTING MATERIALS TO REMAIN. ('T )REAR ELEVATION MASONRY FACADE CONDITIONS UNCHANGED q4 1/4' =1'0' SAS W-ER: CU9 -07 OCA. ._ 10 E. TEXAS ST1REhT hAYUF 9EGRETAR DATE _ PLANftIftG AtJG 20N:NG Cnh1fAI.�SICN CHAIRMAN DATE ,nEE: 4 of 4 APP O'eALDGE.NOTALiMORIZ::A4Y9S'OfK IN CO.NFL1CT l',ITH ANY 'ODES OR CROINANDES, DEPARTMENT OF DEVELOMENT" ERt'IC" EXHIBIT--6— TO L&L —Q- Page Proposed Conditional Use Project Descriptior Sloan & Williams Winery, LLC d/b/a Sloan & Williams Winery is requesting approval of Conditional Use Permit to establish a winery and wine tasting room in an existing building at 112 E. Texas St. Sloan & Williams Winery, hereafter referred to as The Winery, will provide a tasting bar, lounge area, an outdoor patio area attached to the side of the building, a small area for retail sales, on site facility rental for private and/or special events, to include catering, custom wine making/labeling, wine education, and an operational full-time winery. Patrons will enjoy wines produced from our own on-site winery as well as from selected appellations from around the world. Wine will be offered by the taste, glass, or bottle. Wines to be produced will include reds, whites, fruit wines, blends, dessert wines, and ports. We will also offer Wine-A-Ritas which is a blend of our wines with margarita mixes. To reward our returning customers, a wine club will be offered to patrons for free so they can take advantage of discounts, special events, free tastings, and access to limited released wines. Food items will be available to patrons consisting of pre-prepared small-bites, featuring various cheeses, meats (pre-cooked), fruits, vegetables, desserts, and "Tapas" style treats. We'd also like to partner with local restaurants to feature samples of their fares, paired with our wines, in order to promote synergies with our business neighbors. There will be no cooking facilities on- site. If food requires heating, it will be done via chaffing dishes, microwave, soup tureens, or warming oven. The Winery will also offer limited retail sales of wine-themed gifts, notions, accessories, and glass wares. We will provide a small offering of Do-it-yourself home winemaking kits/supplies for the wine hobbyist. . a 0 . • 1 The Winery will be located in an approximately 1930 square-foot site and is one of the two units located in this building on E. Texas St. The other business in the building is the New image Salon. The previous use of this site was occupied by Mustang Printing which recently consolidated their operations into a single building. The proposed conditional use will not cause substantial harm to the value, use, or enjoyment of other property in the neighborhood. In fact, by providing the City of Grapevine with a new winery, this will in turn increase the amount of tourism and visitors to the area, thus, bringing more tax revenue to the city. The Winery believes our winery, and the other wineries in the area, are the anchors in establishing quality retail stores in t" -- 4- -4 -, - I I: Up I: I V, E MAR 0 6 2014 EXHIBIT 8 TO 00. a0q -1 a- Page _� of d interweaving our winery into the fabric of the historical downtown community, we believe this will further promote tourism and much - needed industry growth. ** *Hours of Operation: The following are the allowable hours under Texas Statue. We have modified Sunday outdoor patio hours. As owners we reserved the right to reduce our hours based on business conditions. The tasting room will operate Monday through Thursday from 11:00 AM to 9:00 PM; Friday & Saturday from 11:00 AM to Midnight (12:00 AM); If there is a private event, or customer demand, then hours may be extended until 12:00 AM as necessary to accommodate customers. Sunday from 11:00 AM to 9:00 PM (Outdoor Patio will open on Sundays at 1pm). *Sundays Only- Outdoor opening time to coincide with City of Grapevine Festivals if prior to fpm. Grapevine Wine Tradition: In order to promote a variety of downtown uses that appeal to a wide range of residents, visitors, and tourists, wineries are a very - welcome anchor in the Downtown Grapevine area. Grapevine's historical association with wine is the prime tourist attraction for the city and we are very happy to provide a long -term commitment to the city. The Winery will be a portal for those to relax and enjoy quality wines in an award - winning historical city and the reason they return time and time again, thus, adding value, use or enjoyment of other property in the neighborhood. Ralph S Mattison Jr Owner CU14 -02 approved with the condition that the outdoor patio close no later than 10 pm every night Alan Kunst Owner MAR p 6 2014