HomeMy WebLinkAboutItem 06 - CU04-25 Off the VineCC, ice# d&.3�
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER /_/Y
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: AUGUST 17, 2004
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE REQUEST CU04-25
APPLICANT: Beckey Flookes
PROPERTY LOCATION AND SIZE:
The subject property is
Street and is platted a
Grapevine.
REQUESTED CONDITIONAL USE AND COMMENTS:
located at 322 South Main
Lot 13A, Block 2, City of
The applicant is requesting a conditional use permit to allow the possession, storage retail
sale, and on -premise consumption of alcoholic beverages (beer, wine and mixed
beverages) in coniunction with a restaurant
The applicant proposes to finish out the lease space at the subject location as a 30 -seat
restaurant with on -premise alcoholic beverage sales. It is the applicant's intent to become
a Texas winery and she is going through the licensing process at this time. There will be
no joint access between the current Off the Vine retail shop and the proposed restaurant.
See the attached letter.
PRESENT ZONING AND USE:
The property is currently zoned "CBD" Central Business District and is developed as a two
story structure. The subject lease space is under renovation.
0AZWCU04-25.4
August 10, 2004 (7:57AM)
, HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding properties to the north, south, east and west were zoned "C-
2" Community Business District prior to the 1984 City Rezoning.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District—Off the Vine
SOUTH: "CBD" Central Business District—Messina's
EAST: "CBD" Central Business District—various retail shops
WEST: "CBD" Central Business District—Barton Street, House of Colors
The subject tract is located within "Zone A" zone of minimal effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. Few
activities will be affected by aircraft sounds in Zone A except for sound sensitive activities
such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal
is an appropriate use in this noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Central Business District Land Use.
The applicant's proposal is in compliance with the Master Plan.
/rs
0AZCU\CU04-25.4 2 August 10, 2004 (7:57AM)
J U L. 0 8 2004
Per .............
,u Sire or sut�ed property
S are root
Acres —
Present zoning classftation:
Proposed use orthe property:
� S
CIW OF GRAPEVINE
Minimum l maximum district size for conditional use request
CONDITIONAL USE APPLICATION
PART 3. PROPERTY OWNER INFORMATION
Form "A"
PART 1. APPLICANT INFORMATION
Street address of property owner.
Name of applicant! agent:
a
SUeet address of applicant l ager:
D
City/ State / Zip Code or applieant l agen€:
�`—
—
TeteRon ntt Of icanflagent:
Fax umber or applicant l agent:
ApplkanYs interest in subjectproperty."
PART 2. PROPERTY INFORMATION
Street address of subject property
3,x
Legal description of subject property (metes & bounds must tse described on
8112"x 117sheet)
,u Sire or sut�ed property
S are root
Q The site Plan submission st+ait meet therequirements or-Sectron 1, 2
Acres —
Present zoning classftation:
Proposed use orthe property:
� S
Minimum l maximum district size for conditional use request
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property ner..'
�
c
Street address of property owner.
City( State l Zip coda of property owner.
Telephone number Of property owner% �{f Fax number of property owner,
D
0 Submit a tester 'ting the proposed condmonal use and note the request On the site plan document
the site pian, and Condt wal requirements or condi fans unposed upon the particular conditional "by
In the same le . > describe or show on
applicable dJstiid regulatiorls (example: b ufrer yards, dWanance between users)
Q in the same lefft t, describe whether the proposed conditional use wfN, or w111 not cause subsfaraFiai harm to the value. use, or enjoyrrrerit of other
to the value, use or enjoyment of other property in the
A+npedy in Ura neighborhood. Also, describe l*w the proposed conditional use wiN add
neighborhood. >'
O Apprrcation of site plan approval (Section 47, see attached Form '8')-
10 She of R ulrements
Q The site Plan submission st+ait meet therequirements or-Sectron 1, 2
Jun 11 04 03:09p DEVELOPMENT SERVICES 8174103018 P•3
J, U L 0 8 2004
O Ali oondltlons/ use and conditional use appkaulons are assumed to maybe �il edand duled io r1 be pleved a tato an the agenda fo JiAAtltt78.�. .
the oyscraHon of the staff. eased urn the she of tine agenda, You eppl
❑ All pablif rAkntinps wrli be opened and testimony Omn by applicants and interested c012enry. pubfc hearings may be oon8nued to ft noxi public
healing. pubrrc tMortngs **I not be tabled.with a condidonai use or cvnditlonef use permit can only be approved by crly
Q Any changes to a site Akin (no metter how rrNhor or me)or) approved
counce through the PuWk haarMg pwoeas
o f have mad anef understand aft the requirements as set lath by the appp'catien for Conditional a" �:v oondnlonal use perm" and acknowledgethat
all re uimments of this apphcation have bean mot at Urs time of subrrnrtai.
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
printApplicant' Hama:
nm 5rero Of
County Of
���-�::. _.. on this dayperscttany appeared
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rrr{rQtrrrrr(notary)
known tQ• �i �di'�fPYi(� rr69; the oeth of card of other doctmreno to be Me parson whose name is auWAbed to the fercgooing Instrument and
inns dMyntol41 t9 Wm# for the aa purpaend conside
ac tion N¢rsin exprtrssed.
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Print pmoarty Ownem Name;
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County
k
County of t' 1 C1 l 7
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an this day penmaW Woeated
known to me (or proved fa me on the oath of card of other document) to be the person whose name is subscribed to tete hnragoog, instrument and
ookrrow/adped to Ma that he exactIfed the s8me for the putpo8 w and consideration therein express d- a ZU�
(Soso Given under hand end seal of ollke this �Y Of ( '.,
=o.,.....°c:
LISA ROBIN Vit/ 7' 2 �1
MY COdMISSIQN EXPIRES
August 213, 2005 Notary in And For State Of Texas
rn -In" I -II.ITn "I I I I In rn ) ) T74,; Tn I- . • TT a1`117117 11*117 rnn
Jun 11 04 03x10p
DEYEEOPMEKT SERVICES
8174103018
P.
JUL 0 8 2004
Per .............
All Conditional Use and Special Use Applications are assumed ft) be complete when fried and
will be placed on the agenda for public hearing at the discretion of the stag Based on the size
of the agenda, your application may be scheduled to a later date.
All public hearings will be openedapplicants 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 Commiu on and City Council. hf atter said period of
four months an application has not been scheduled bafm-e the Commission and Council said
application shall be considered withdrawn, with forfeiture of all filing fees The application,
along with the required filing fee may be resubmit4ed any time thereafter for reconsideration.
Delays In scheduling applications before the Planning and toning Commission and City
Council created by city staff shall not be considered a part of the four month period
1 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 requirements of this
application have been met at the time of submittal
Signature ofAppficvnt,��t
Date: o
Signature of Owner
Date. _ ?�
6
-- --- 1 '1t iT n 11 11 1 — 11 1 1 T7 . J Tn (^ • T T J..nn� Jn7 Jnn
August 9, 2004
Mr. Ron Stombaugh
City of Grapevine
Grapevine, Texas 76051
Mr. Stombaugh,
AUG 0 9 2004
per.. . r ..........
We are in the process of becoming licensed to be a Texas winery and are
excited about the opportunity to add a tasting room to the Main Street mix.
In order to generate revenue in the meantime, we are opening Into the Glass at
322 S. Main. It is intended to be a wine bar, however, we understand that in
Grapevine it is required that our sales ratio be 50/50 alcohol to food. So we'll
open as a caf6, with a lunch and dinner menu.
We appreciate the assistance you've given us so far and look forward to
completing this project with you.
Sincerely,
Becky Flookes
Off The Vine, Inc.
817.421.1091
of Wine,
Gourmet Foods
and Gifts
324. South Main St.
Grapevine, TX 76oSi
1
817.421`; y1
817 416.0329 Fax
v, vw.off t hev i netexas,com
email us at otv(1rape@aoLcom
Print Name and Address, or Lot, Block and,:Siibdi.v*w.-:
5;741011FAd
Telephone: (817) 41-041,55.,
Direct questions and midl, retp ".Oes to:,
ofy
Department of
DivO160 m., int,.S4rvIbes
City of Crip4vieio
P.O., Bex 4104,
Graip,6v!ne,*,T,®' c 6, 7,.60,Q"
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 CU04-25 TO
ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND
ON -PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN
CONJUNCTION WITH A RESTAURANT 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
:xx 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
ORD. NO. 2
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:
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 CU04-25 to allow the possession, storage, retail sale
and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in
conjunction with a restaurant in a district zoned "CBD" Central Business District within the
following described property: Lot 13A, Block 2, City of Grapevine (322 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. 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.
ORD. NO. 3
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. 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 17th day of August, 2004.
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
m
;R LICEN5ING PLAN
1/4" = 1'-0*
_ USE REOUE5T GW4-xx 15
'OR A RESTAURANT WITH
TION, STORA6E, RETAIL SALE
MISE 0444 MPTION of
9rVERAsm,
A,
-- _ -7-
TOTAL 5OUARE FOOTAGE = 165 50. FT.
AREA OF MUNE SALE5 = 456 50.FT.
AREA OF WINE 5ERVIGE = 56 50. 1=T.
AREA OF WINE 5TORAGE = 155 50. FT.
DINING ROOM SEATING = 50 SEATS
AREA OF WINE SALE5
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Per .............
CASE NAME; OFF THE VINE CAFE
CASE NU &8tCU04-XX
LOCATION 522 S. MAIN 5T.
6RAPEVINE, TEXA5 "76051
MAYOR SECRETARY
DATE
PLANING AM ZONING COMMISSION
CHA RMAN
DATE
SHEET; OF
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WfTH ANY CODES OR
ORDNANCES
DEPARTMENT OF DEVELOPMENT SERVICES
117/6/04
PROJECT
04611
d [SHEET Nr
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