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HomeMy WebLinkAboutORD 2014-022ORDINANCE NO. 2014 -22 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 -12 TO ALLOW FOR A WINERY 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) 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 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 -22 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 -12 to allow for a winery with the possession, storage, retail sale, and on- and off - premise consumption of alcoholic beverages (wine only), (Messina Hof Winery) in a district zoned "GU" Governmental Use District within the following described property: Lots 4 and 5, and the N '/2 of Lot 3, Block 20, City of Grapevine and Public Square, 201 South Main Street (One Liberty Park Plaza), 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 ORD. NO. 2014 -22 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 15th day of April, 2014. usaffolvi"s William D. Tate Mayor ATTEST: Jov C. Brown City Secretary Fil N ri 1.0101VAQ OFTIVE FAIM John F. Boyle, J r. City Attorney ORD. NO. 2014-22 4 E -j F- r-4 K I NI 5 A- MAX F, -j F- r-4 K I NI 5 VII O. SUMMIT h TO okR. cRo1LJ-;a[-,ml �age / ofA a 6, L G O N Y 11:1 " ,> -,1 0 to ILI < z t- iL Y I ILI < z L i w 'Walk Gary Sk..wki, -I.- .I., .- 751.1 U,1-2 GoNi7ft10NAl- USE Hlrk A HJS15K.Y- MAX F, 1 "T-0 wl-jc� imp,5rviou- MN Om"! Dr;"cE 0F -Z N ' rrAcS VII O. SUMMIT h TO okR. cRo1LJ-;a[-,ml �age / ofA a 6, L G O N Y 11:1 " ,> -,1 0 to ILI < z t- iL Y I ILI < z L i w 'Walk Gary Sk..wki, -I.- .I., .- 751.1 U,1-2 GoNi7ft10NAl- USE Hlrk A HJS15K.Y- I ED Fz r= -r L- ED ��E We O F V, A 5y L� F-' F�Y t7 nm�7;-r FL-o-r, rL.^N I - I I i 1 1 IS SP 17 10 Gary —1�, Altfi.— D, W ,Texas 75205 r. ic- ace -saaz A, 8 0 EXHIBIT R TO ORD. RO/4-P-o-L Page of 5 � L31 1 LU ji it, to Oj Ii 711"< Gary SkoN i, arcnaea T— 15205 Feu: no-ece -saaz 4.8 44- s A TO ova jai A*ID �7EK V--1. DIVISION 200 - STTEWORK 2. TO05 LIMESNE STEPS - ALTERNATE NO. 2 ' 2.07 GREY CONCRETt- SANDBLASTED FINISH - ALTERNATE NO 13 ti DIVISION 400 - MASONRY 4.04 BRICK VENEER - RUNNING BOND 4.05 BRICK VENEER - SIT COURSE HEADERS 4.06 BRICK VENEER - ROWLOCK COURSE 4.0? BRICK VENEER - SOLDIER COURSE WITH ALTERNATING F 3/4' CORBELLING 4.05 MASONRY MORTAR JOINT L+ 4A3 BRICK SCREEN WALL (BRICK BOTH SIDES) C W •- m 4.14 LIMESTONE CARVED LUNETTE -OWNER SUPPLIED, CONTRACTOR INSTALLED n. 4.20 LIMESTONE CORNERSTONE I'a' x I'b -518' n 3 -518' DEEP, L-SHAPED OWNER SUPPLIED, CONTRACTOR INSTALLED. a 4.21 BRICK Y£NEER - _S.OLDIER COURSE O 4.22 EXPANSION JOINT, DIVISION 500 - METALS - A r.+ 4J 5.02 STEEL PIPE SEE STRUCTURAL 5.15 CAST IRON FOUNDATION VENT W/WERE SCREEN Q 520 CAST IRON THRESHOLD -SET IN FULL MASTIC BED, SHIM AS REQUIRED, TO BE INSTALLED AFTER MASONRY WORK IS COMPLETE. REF, DETAIL 2/A6.02 5.24 STEEL UNTEL - SEE STRUCTURAL 5.25 CAST IRON MASONRY BOSS, REF. DTL. IIA6,02 DIVISION 600 - WOOD& PLASTICS 6.08 WOOD TRIM 314" 6.30 NEWEL END POST - I -I/2' CENTER SECTION OF NEWEL POST DIVISION 700 - THERMAL & MOISTURE PROTECTION 7.06 GALVALUME SHEET METAL COPING - SEE ALTERNATE- No it 7.10 COPPER DOWNSPOUT 3' x 4' 7.11 COPPER CONDUCTOR HEAD DIVISION 1000- SPECIALTIES 10.01 WEATHER VANE DIVISION 16 - ELECTRICAL 16.03 LIGHTNING ROD WITH CUSTOM COVER, 7 TOTAL - ALTERNATE NO.7 v / Z a i x - W z� WVaQn = uo u Q �A iLSUis IAkJ 9�✓r4I tRcD ARC �., y" 4 ;. ; SjF fir'., �t z _ r� + cu 14 - Iz- f `y�� to Ai!I i a �T o_LXXiro(i. E F.i!niN� E!(�iIBIT TO otb l of d Q i6.02 _ 1 -SSYL:i- 11ilVia.0 STEEL PIPE - SEE STRUCTURAL DIVISION 200 - SITEWORK � 2.05 LIM ESIONE STEPS - ALTERNATE NO 2 5.12 2.07 GREY CONCRETE - SANDBLASTED FINISH ALTERNATE STEEL CAP - MATCH PROFILE SHOWN 5.15 N0. 13 -5.23 DIVISION 300 - CONCRETE 5.25 CAST IRON MASONRY BOSS, REF- DTL. 1/A6.02 5.33 BOLLARD 6' X 6' STEEL TUBE FILLED WITH CONCRETE 3.05 CONCRETE FOOTING - SEE STRUCTURAL a •6.3 Q z m a DIVISION 400 -.MASONRY is 15.22 WOOD DOOR CASING - MILL TO PROFILE SHOWN, REF. Fd.q 4.0? CM U- STANDARD, NORMAL WEIGHT, 8 x 8 x 16 BRICK VENEER BOND v F ^Z'f v> 4.04 -RUNNING 4`p. z p, 4.05 BRICK VENEER - 8TH COURSE HEADERS ^~ 4.06 BRICK VENEER - ROWLOCK COURSE G �Y. ❑ i 4.07 BRICK VENEER - SOLDIER COURSE WITH ALTERNATING 314' CORBELLING a L 0 �' 4.09 MASONRY MORTAR 'DINT COPPER FLASHING AND COUNTER FLASHING 4.19 LIMESTONE SILL PAINTED SIGN -PAINTED TO MATCH ORIGINAL SIGN IN 420 LIMESTONE CORNERSTONE 1'4' x F-6 -5/8' x 3 -5/8' DEEP, -.., LSHAPCD OWNEASUPPLIEU CONTRACTOR INSTALLED. .10.01 4.4- E3CPkN N IOLdT Fr:P A4 6140 02 S;, 4.23 S6LTDElkiCK­WALL-8'WL5[ - -A p U DIVISION 500 - METALS 5.02 STEEL PIPE - SEE STRUCTURAL 5.05 STEEL CHANNEL STRINGER - 10' DEEP 5.07 STEEL TUBE SUPPORT - 3' x 3' 5.12 STEEL BASE PLATE - 5.74 STEEL CAP - MATCH PROFILE SHOWN 5.15 CAST IRON FOUNDATION VENT W/WIRE SCREEN -5.23 STEEL BRACKET - SEE STRUCTURAL 5.25 CAST IRON MASONRY BOSS, REF- DTL. 1/A6.02 5.33 BOLLARD 6' X 6' STEEL TUBE FILLED WITH CONCRETE DIVISION 600 - WOOD & PLASTICS 6.08 WOOD TRIM 3/4' 6.21 WOOD TIMBER - 6X8 ROUGH SAWN 15.22 WOOD DOOR CASING - MILL TO PROFILE SHOWN, REF. MOULDING TYPES 6.26 WOOD NEWEL POST - MILL TO PROFILE SHOWN 6.27 WOOD BALUSTERS - MILL TO PROFILE SHOWN 6.28 WOOD RAILING - MILL TO PROFILE SHOWN DIVISION 700 . THERMAL & MOISTURE PROTECTION 7.01 MEMBRANE ROOFING SYSTEM 1.09 COPPER DOWNSPOUT STRAP 7.10 COPPER DOWNSPOUT V z 4" 7.11 COPPER CONDUCTOR HEAD 7.36 COPPER FLASHING AND COUNTER FLASHING DIVISION 990 - FINISHES 9.09 PAINTED SIGN -PAINTED TO MATCH ORIGINAL SIGN IN SIZE. COLOR AND TEXT. REF. PHOTO ON COVER SHEET - ALTERNATE NO- 9 DIVISION 1000 - SPECIALTIES .10.01 WEATHER VANE 10.02 SIGN - N.I.C. 7TOTAL X 7n W Z V wa � 6a W o 1 o ADI -> .4.a i�3'I�ok � �'1- c 2• . Y15!O4i 2�14�92 ' �f£d Ake 9S ,c+R. Mc 'Sim,