HomeMy WebLinkAboutORD 2005-099 - ORDINANCE NO. 2005-99
�. :
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 CU05-62 FOR THE
POSSESSION, STORAGE, RETAIL SALE AND ON- AND
OFF-PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A
WINERY, 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
i at large, the citizens of the City of Grapevine, Texas, and helps promote the general health,
safety and welfare of this community.
ORD. NO. 2005-99 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 No. CU05-62 for the possession, storage, retail sale
and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with
a winery (Lone Star Wine Cellars), within the following described property: Lots A1 & 1A2,
City of Grapevine (201 East Franklin 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. 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. 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.
.� �
ORD. NO. 2005-99 3
- Section 7. 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 ($2,000.00) and a separate offense shall be deemed
� committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 20th day of December, 2005.
APPROVED:
__:� .�
�
�"Jilliam D. Tate
Mayor
,:.:.,� ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr. �
City Attorney
ORD. NO. 2005-99 4
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1. THE P�Qpp�7y L5{,y���LY ZO7JEp'CBD"Ct?77RAL BU51NE55 DISTRIGT. � �� �
• .xm
e�•�E •• 27itWillowooAQive
2. THE q)pRQ�T LAND USE D£SIGNATION AS CONTAINED IN THE C.OI'IPREN$lSIVE •• •• •• ' .. •• ''
MAST�p�Nl 15 COI'MERGIAL BUSINESS. �
�� S��P�./U'i GnPcvmqTcxas��6051
3. ALL F2�pV��r1p�T5 pF SECT�pM�, CENfRA�BU�INESS DISTRICT SNALL BE MET.
qiY OF q2APEVINE Td(8I�48&d317
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.1. ALL REWIRfl"IENTS OF SEGTfON-63, i.nH�scnPir�rx�uu,nais sua��ee nEr_ � APPROIIED a��sm+ss-sioi
6- ALL RF.(�UIRFJ'IENTS OF SEGTION 56� OFF-STREET PARKING REWIRET7ENT5 • . : �.wriemehimenvegaq.net
�� SHALL BE MET. � ,.
SFIEET OF
b. ALL REGKI�REMENTS OF SEGTION 60, SKaN STANDARDS SHALL BE MET.
7. DURIyG.TNE PERIOD OF CANSTRUGTION� ALL THE REQUIRETIENTS OF THE � O���'��
� GR4PEy�NE SOIL EROSION CONTROL ORDINANCE SR1ALL BE MET. REPAINT IXISTING PAVIN6 � �AFPROVAL DOES NOT AUTHORIZE ANY WORK o'" 9
8. ALL pUrypgl'FRS S{{q��gE$CREENED IN AC(".ORp.4NGE W7TH SEGTION 50.8.3. TO AC('.OMf70DATE NEW . . �a
SEGTION 50.B.3. RECx11RE5 ALL.SOLJD REFUSE DUMPSTERS TO BE VISVALLY PA�ut�as R�tx�Ri�U. IN CONfLICT WIiH ANY CODES OR s '�
eu ORDINANCES * ° *
`-�CREFNED�BY SOl_iD WOOD FENGE OR�WALL ONE FOO'f P:BP/E TNE REFUSE ' 3A1 P
DUr7PSTFR NO'T TO D(CEED 8 FEE7 IN NEIGNT ON ALL SIDES(DCGEPT TFIE 51DE.
VSED FpR GARBA6E PICKUP). SUGH SIDES SFIALL N07 BE REQU�RED TO BE WAREHOl1SESPACE F�F'C+
SCREENED UNLE55 TNE SERVIGE SIDE OF THE REFUSE STORAGE AREA IS s,aresaFr. � DEPARiMENT OF DEVF.lOPMENT SERVICES �
VIS{BI,.E pppF7 A RES�DEP4TIALLY ZONED�DISTRIGT. __ -
4. ALL LIGHTING MUST COMPLY WITN SECTION 55 OF THE GRAPEVINE TONING
ORRINqNGE. UGHTING ELEI'FENTS MUST NOT BE VISIBLE FROP'I A POINT FIVE . .
(5)FEt?ABOVE GROUND, �'7E45URED AT ALL PP•OPERTY LINES. PNYSICAL • , APPROVED 6Y
TESTItiG GF'ILLUI'11NATION�LEVELS MUST BE PERFORMIED TO VERIFY PLANNFR
�F'LIMIGE WITH PFIOTU9£TRIL STUDY. DIX'.Uf1EHTATION.SNALL BE.
SUBMITTED TD TNE BUILDING DEPARTf1ENf. NO CGGUPANGY� INCLUDING ----- ppjE
TET�7RARY OCCUPANCY WiLL BE PERI'itTTED UNTfL'f1-1E ABOVE REAUIRQ'IEN75 �� —
ARE NEf. . .. . . . . . . .
10• AI-L PARKING FOR DISABLED PERSONS SHAL.L BE DESK.NATED ACGORDING TO • �
CHAFTER 23,. SECT70N 73.6 TNROUGN 24.69 OF TNE.GRAPEUME CAQE OF . �� '
ORD�NANGE 5i1f�11 BE MET. THIS DESIGNATIpJ IS THE BU.IE HANDICAPPm �
SIGN �IRET'ItTIT. � . A, .
� It. ALL pUg�IC UTIUTIES SHALL BE PLACED UNDF�RG'iROUND. 1 r
���y
12. THE f71NIMU1'1 RADIUS FOR ALL DRIVEYJAY ENTRANCE5 SIULL HE 25'-O'. �/(/��
13.ALL q21VEYJAYS ARE TO BE A MINIFNM OF 25'-O"WIDE. . . ��*" a� , _l11 l�l � �
14.ALL NFy1 CONGRETE PAVING REWIRED FOR OFF S'iREET PARKING, LOADINC, . • � � �n, �� ¢ � .
l.a\1:::�e` �7�wv
DRNFS VEHIGLE (AUTOS� TRUCKS� TRAILFRS� BOATS� ETC.) SALES� PG1:�n � Qi
OISPLqY ARFA AND WTSIDE STORAGE AREF�S SNALL BE PAVED TO A ` . ,jv J
MINII't(J19 STANDARD OF 4' TNICK 3000 P5l CGNCRETE SLAB WITN�6'xb'xb GAGE � � i�i
t-tESH y.�i�. EXISTING ONE STORY
METAL BUILDING �
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� NEW LAkTERNS IN CONFLICT NATH ANY CODES OR � o� -+
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ENTIRE BUILDING TO BE NEW PLANTINGS �
i REPAINTED, GOLORS NEW BARREL IN NEW TERf2ACOTTA � �
�� SELECTED BY OWNER. POTS
� NEW DOORS IN IXISTING
DOOR OPENIMG �
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ENTIREBUILDING TO BE � � � �
REPAIIvTED, CIX.ORS NO ADDITI�JAL MODIFKATIONS �
SELECTED BY OWNER. REQUIRED ON TH{5 SIDE OF BUILDINy �
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ENT:RE BUILpING TO BE 1. . � � '. ./��1�t��� .
REPAINTED,��.COLORS NO ADDITIONAL MODIFICATIONS ��NEW PLANTINGS . ��
� SELECTED 8Y OWNER. REQUIRED ON TNIS SIDE OF BUILDING IN NEW 7ERRACOTT'A NEW 25'x10' OP41NG, .. � �
PO7S WITH TWO(2) 12'-O WIDE �
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