Loading...
HomeMy WebLinkAboutItem 01 - CU12-23 Side Street Winery and Bodega TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JULY 17, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU12-23, SIDE STREET WINERY AND BODEGA , l r---1 J I I I f �-7 _ -- --------- — 1—+ _ Grapevine y? APPLICANT: Side Street Winery & Bodega 1 boy r I r � r I I.H.1635 "°``n"B5 i PROPERTY LOCATION AND SIZE: off;�� � .•� The subject property is located at 422 South Barton J b Street and is platted as Lot 7, Block 3, City of 1 Hall-Johnson s�, Airrpo a I Grapevine. The subject property contains T___ ; approximately 0.4 acres has 135 feet of frontage m along South Barton Street. Glade Rd. o - 3 REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit for the possession, storage, retail sale and on-and off-premise consumvition of alcoholic beverages wine onl in con'unction with a winery. At the May 15, 2012 meeting the Planning and Zoning Commission and the City Council heard in a public hearing conditional use request CU12-16 for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery with outside seating. The Planning and Zoning Commission recommended approval of the request without outside seating; however, it was denied by the City Council. At the June 5, 2012 meeting, Council reconsidered the previous vote to deny CU12-16. Due to changes proposed by the applicant, the Council amended the previous vote to a "denial without prejudice" allowing a new conditional use application to be submitted. O:VCMC1112-23.4 July 12,2012(10:57AM) With this new request the applicant proposes establishing a 720 square foot lease space for a winery within an existing 3,240 square foot metal building; two metal buildings are present on site. The applicant envisions offering sales and production capabilities of Texas wines and boutique wines from Oregon, where the applicant has an established winery business. Eight parking spaces are required for the proposed use. Parking for this use will be provided off site by existing head-in spaces located immediately adjacent to the subject site along Barton Street and the City lot at the northwest comer of West Franklin Street and South Barton Street. The applicant proposes the following changes to the original request: • Sixteen outside seats have been eliminated. • Seating inside has been reduced in half from eight seats to four seats. The applicant also proposes landscaping enhancements to the subject site. Please see the attached letter. If approved this will be the first reading of an ordinance given the subject site requires approval of a special exception for the metal exterior on the existing buildings. This item will be heard before the Board of Zoning Adjustment at their August 6, 2012 meeting. If approved by the Board the second reading will occur at the Council's August 21, 2012 meeting. PRESENT ZONING AND USE: The subject property is currently zoned "CBD" Central Business District and is developed with two small mini-storage warehouse structures on the site which has frontage along Barton Street. The front portions of both structures have been used for retail uses. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the properties to the north, south, east and west were zoned "C- 2" Community Business District prior to the 1984 City Rezoning. The property immediately to the west was rezoned to "R-TH"Townhouse District during the 1984 City Rezoning.The subject property and the properties to the north, south and east were rezoned to "CBD" Central Business District during the 1984 City Rezoning. At the July 19, 1994 meeting,City Council approved zone change Z94-07 (Ord. 94-55)on the property immediately adjacent to the west from "R-TH" Townhouse District to "GU" Governmental Use District for the Senior Citizen Center. At the June 23, 2008 meeting, City Council approved zone change Z07-08 (Ord. 2008-29) on the property immediately adjacent to the north from "CBD" Central Business District to"GU"Governmental Use District for the Information Technology Building. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "GU" Governmental Use District—City I.T. building 0:2CMUI2-23.4 2 July 9,2012(11:59AM) SOUTH: "CBD" Central Business District— City parking lot EAST: "CBD"Central Business District various Main Street businesses,e.g. Big Fish Seafood, Farina's Winery, Antique Revival and The Magic Pen WEST: "GU"Governmental Use District—Grapevine Senior Activities Center AIRPORT IMPACT: The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Central Business use. The applicant's request is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: Barton Street is not designated a thoroughfare as shown on the City's Thoroughfare Plan. /at 0:7CLACU12-23.4 3 July 9,2012(11:59AM) Nu o 13A1 � 26A "26C PIS TR 52A R-l.5 2 R- .5 25R i 25A "!� AAA 2 1 TR TR TR TR 59 60A1 60 60B In 17 w 1 12 K7Gj,' OA A 6 C IGO'm N PT 1 GU ..m R-7.5 11 w E w mm' 9R 8 1A 2 2 3 3 litt 4 1c H � i 3 4B 6B 9A O t 4A 6A TV vv L%JL JUL i M pm� ik g 1Imu NADO z 211 3 9 a 4 7 lA1 !A2 32 611 m• 5 CBD 10 Al 7D R Al -7- - 11 2 umn 12 R-715 mn v m mm' mi 145 PT " jll m 15 7 1R 1C 1D WET'k -i l, „ 1R v~i B "AR u 1R z 3B 5 2 Q m � ? mm 4 3B C A 5R CN OV m �� m��r 4C R-7.5 4 S OLL E {w 1A -5.0 1A 1R 3B 2A 311 3 A B C 3A 44 MID PT 1 N EE-EF.rellill! 1 B 3C .. . S PT 1 C BA 160 ell m D L� - F 2R 2R2 GU 7R z2C 64 1201 B 2.1 0 CU 12-23 4 inch =200 feet Side Street Wine & Bodega .ry................................................................................................................................. m.,.m,,..........._.i GRA IN.E. rY E ` l gip, Y IUD m,. CITY OFGRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Applicant Name: Daniel 1. Sullivan Applicant Address: 3204 High Meadow Dr. City/State/Zip Grapevine,Texas 76051 Phone No. 817-938-3799 Fax No. Email Address Mobile Phone Applicant's interest in subject property Winery PART 2. PROPERTY INFORMATION Street Address of subject property 422 South Barton Street,Grapevine Legal Description: Lot Block 3 Addition Town of Grapevine Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet Size of subject property: acres 0.375 square footage 720 Square feet Present zoning classification CBD Central Business District Proposed use of property Winery with small retail'tasting room'sales Zoning ordinanoe provision requiring a conditional use Central Business District PART 3. PROPERTY OWNER INFORMATION Property Owner Geary&Shelly Baker Prop Owner Address 1942 Spring Dr. City/State/Zip Roanoke,Texas 76262 Phone No. 214727-2373 Fax No. 817-337-3432 ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the same letter,describe or show on the site plan,and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations(example:buffer yards,distance between users) ❑ In the same letter,describe whether the proposed conditional use M11,or will not cause substantial harm to the value,use,or enjoyment of other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of other property in the neighborhood. Application of site plan approval(Section 47,see attached Form°B'). The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. ❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public-headng at the discretion of the staff. Based on the size of the agenda,your application maybe scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public heating. Public hearings will not be tabled. • Any changes to a site plan(no matter how minor or major)approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. • 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that all requirements of this application have been met at the time of submittal. 4 PART 4.SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST D PLACE CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Daniel J.Sullivan Print Applicant's Name App icant's�' nature The State of Texas County of Tarrant Before me(notary)I SASCLn 8C a on this day personally appeared(applicant)10ant,1 ,SW((%,VCLf1 known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal)Given under my hand and seal of office this p `� day of 74,,a ,A.D. &01Z r Notary In and For State of LXA / • Geary& A-0,�r Print Property Owner's Name Pro Owner's Signature The State of Texas County of Tarrant Before me(notary) su SGzr% ( � on this day personally appeared(applicant) She[ i?Wt,ev known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this oZg day of t i u r-Ile ,A.D. Q p 1 z ,,r4110rH#� .�',�Son 84� 't�i •4 o�prV : Notary In and For State of ACKNOWLEDGEMENT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. if after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required riling fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period i have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all req"ents of this application have been met at the time of submittal. /? Z Signature of Applicant dA(I W Date (9 —a- Signature of Property Owner Date 28 Paradox Ventures LLC D/B/A Side Street Winery& Bodega ly 4, 2012 Grapevine City Council Grapevine Planning&Zoning Commission c/o Development Services Dept. 200 S. Main Street Grapevine,TX 76051 Re: Conditional Use Permit Request for: Side Street Winery&Bodega 425 S. Barton Street, Grapevine, Texas Dear Mayor Tate, City Council Members & Commissioners: Thank-you very much for your consideration of our application. We have been in the winery business since 2005 in Oregon and have been looking for an opportunity to expand into our hometown/home state of Grapevine,Texas. We are very excited about the opportunity to begin Phase I of the Side Street Winery& Bodega at the proposed location at 425 S. Barton, Grapevine. This facility was chosen for Phase I because our initial requirements are largely for storage and small scale,test production of our Texas wine blends.. However, because the US Alcohol &Tobacco Tax Trade Bureau (TB) requires retail zoning in all permitted wineries, it's necessary that this facility be approved for retail sales, as well as wine storage & production. Phase I of our business plan calls for a storage/blending room. It is our goal make improvements to the exterior and interior at 425 S. Barton Street by painting the exterior and modify the drive up appeal with potted plants to give the building the warmth and inviting presence that it is lacking now. Presently, we are requesting your consideration & approval for a: • Conditional use permit for the Side Street Winery at 425 S. Barton St. • This is required for us to apply to the US Alcohol&Tobacco Tax Trade Bureau (TTB)for a Federal winery permit. • After TTB approval, we can apply for our permit with the TABC. Our larger vision, beginning in Phase II, is to create an Old World, bodega style, winery experience in a more upscale retail location in Grapevine. There we will market our premium Texas wines, a small selection of affiliated Texas wines, and several of the boutique wines produced at our Oregon facility. In addition to carrying traditional, bottled wines, we intend to offer a variety of`value' wines in re-fillable bottles, and provide wine kegs for restaurants. Both of these features will be unique to the area and will also dramatically reduce waste disposal of bottles & cardboard. Our experience in opening our first winery (� 4°.�.v.pallr�t�,vinc.cc�.ra) was very positive for all stakeholders,the city,the neighborhood and ourselves. We strongly believe we can achieve similar results here in Grapevine. Because of our limited space, which is mostly allocated to storage and production,the `retail' tasting area will be quite small. We plan to have 1 person working there on production during regular business hours, and limited retail sales hours of 12-5pm on weekends. We sincerely appreciate your consideration and support in this application process for the Conditional Use Permit for the Side Street Winery and look forward to many years of success. Thank you again and please feel free to contact Dan or Olivia Sullivan at 817-938-3799, if you have any additional questions. Sincerely, Olivia and Dan Sullivan Side Street Winery& Bodega ORDINANCE NO. 1� 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 CU12-23 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) 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 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 characterof 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. 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 CU 12-23 to allow for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a winery(Side Street Winery& Bodega) in a district zoned "CBD"Central Business District within the following described property: Lot 7, Block 3, City of Grapevine Addition (422 South Barton Street)ail 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 safety 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 a 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. ORD. NO. 3 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 this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 17th day of July, 2012. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the day of , APPROVED: ATTEST: APPROVED AS TO FORM: ORD. O. 4