HomeMy WebLinkAboutItem 20 - CU13-19A La Buena Vida VineyardsTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
'-2)P
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: FEBRUARY 18, 2014
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU13 -19A. LA BUENA VIDA
WINERY
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Grapevine y?
Lake APPLICANT: Virginia Puente
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I. H. 635
North ` I PROPERTY LOCATION AND SIZE:
' The subject property is located at 416 East College
Street and is platted as Lot 1R3, Block 22R1,
s DFW
rpo 3 Original Town of Grapevine. The addition contains
Hall- Johnson y�G Airport R
L� R approximately 1.8 acres and has 290 feet of frontage
�T _ _ I along East College Street.
AD Giade Rd. m'
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow the possession, storage, retail
sales, on- and off - premise consumption of alcoholic beverages (beer and wine only) and
outside dining in coniunction with a restaurant.
Originally approved in 1994, it is the applicant's intent to convert the wine tasting room into
a full- service restaurant with on- and off - premise alcohol beverage sales (beer and wine
only) along with outside dining. Given the Texas Alcohol Beverage Commission's "three -
tier" system whereby producers sell their products to distributors who then sell to retailers,
a business entity can only maintain one position within the three tiers. The applicant, as a
wine producer is prohibited from also having a mixed beverage (retail) license. The
applicant has recently relinquished her winery permit and has received a mixed beverage
permit from the Texas Alcohol Beverage Commission at several other locations. The
recently amended State regulations relative to the Beer and Wine Retailer's permit has
0AZCU \CU13- 19A.43 1 February 13, 2014 (9:08AM)
created an opportunity for the applicant to provide both on- and off - premise beer and wine
sales while maintaining the current atmosphere and decor of the winery. The applicant is
aware that if approved, a minimum of fifty percent of all retail sales on premise must be
comprised of food sales.
The public hearing on the applicant's request was held during the December 17, 2013
meeting; however, the request was tabled during the Planning and Zoning Commission's
deliberation session to the February 18, 2014 meeting to give the applicant sufficient time
to address comments made during the public hearing relative to excessive noise from
amplified music during special events on the property. The applicant has amended the site
plan to more clearly show the outside seating area, band location, and outdoor speaker
placement. The applicant has stated that a different type of outdoor speaker will be utilized
that is "directional" which will be focused towards the interior of the property and away from
area residents along with a portable shell that will be used to shield live music
performances. In addition the applicant has stated that off -duty Grapevine police officers
will be employed to continually monitor the sound during all music events and ensure that
the noise level is below the ordinance mandate of 59 decibels. Lastly the applicant has
included the noise policy procedures and an hourly monitoring report that will be
implemented on the property.
Staff has received protest notification from surrounding property owners equivalent to 26
percent of the notification area thus requiring a super- majority (6/7) vote of the City Council
to approve the request.
PRESENT ZONING AND USE:
The property is currently zoned "GV" Grapevine Vintage District and is developed as La
Buena Vida Winery.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject site and the surrounding properties were rezoned from "R -3" Multifamily to "R-
7.5" Single Family District during the 1984 City Rezoning. The subject site was previously
used as a day care center under the pre -1984 "R -3" Multifamily zoning regulations until a
portion of the structure was destroyed by fire in February, 1992. In the fall of 1994 the
subject site was rezoned from "R -7.5" Single Family District to "GV" Grapevine Vintage
District (Z94 -12) and a conditional use permit was approved (CU94 -29) to allow for the
development of a wine tasting room.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R -7.5" Single Family District — single family homes; College Street
Historic District
0:\ZCU \CU13- 19A.43 2 February 13, 2014 (9:08AM)
SOUTH: "R -7.5" Single Family District and "LI" Light Industrial District —
single family homes, mobile home park
EAST: "R -7.5" Single Family District — Dooley Estates, single family homes
WEST: "R -7.5" Single Family District — single family homes
AIRPORT IMPACT:
The subject tract is located within "Zone a" Middle 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 Low Intensity Commercial land use.
The applicant's proposal is in compliance with the Master Plan.
/rs
0:2MCU13- 19A.43 3 February 13, 2014 (9:08AM)
For respectful submittal to the City of Grapevine's Honorable Mayor Tate, City Council and Planning and
Zoning Committee.
In order to alleviate the noise concerns of our neighbors, La Buena Vida Vineyards (LBV) is implementing
the following action plan :
SECURITY
To ensure LBV is in compliance with all City of Grapevine's sound ordinances, LBV will hire off-
duty Grapevine police officers to continually monitor sound decibel readings during all music events.
MUSIC CONTROL
• Sound pressure decibel level will be "governed" not to exceed a 57 decibel reading. Grapevine's
City Code in Section 55 is currently set at 59 decibels so LBV's decibel reading will stay BELOW
the city's mandated reading.
• LBV will invest in a state of the art professional wireless audio system by Sennheiser (the brand
that Celine Dion uses).
• All speakers will be temporary in nature and not mounted permanently.
• The acoustic design of the speakers' technology are directional in nature. The 3 speakers will be
directionally pointed south away from the neighbors who are north of the property. The audio
and acoustics will now be "focused sound" driven by the quality of this system.
• LBV's current masonry wall (as indicated on site plan) is 6' tall. The speakers will be mounted
36" above the ground. Mounting at this level south of the current masonry wall along with the
decibel level cap will enhance the control of the music output.
• To ensure the neighborhood a controlled audible environment, LBV will ONLY contract with
musicians /bands and DJ's who will agree to use our audio system. NO individual speakers,
cabinets or mixer boards will be allowed on property.
• LBV will required all bands to use electronic drums instead of a regular drum set that will be
plugged into LBV's audio system.
• High frequencies and low frequencies are the ones that can impact neighbors because they
travel further out. These frequencies will now be mitigated to a controlled environment through
our controlled system.
• The system's wireless speakers have been designed for indoor and outdoor events without the
use of power or audio cables and will NOT be permanently installed on the property but instead
only temporarily placed in the designated area (see site plan).
• Acoustical Solutions Sound absorbent wall system —will be strategically placed (see site plan)
on the interior of the masonry wall. This material is a known system used for this very reason of
blocking noise in residential area.
• The placement of the music source will be only permitted in the designated bandstand area.
• McDonnell Acoustic Portable Band Shell (see site plan)- will be positioned behind the
designated bandstand area. Its purpose is to further block sound that would travel to its
neighbors.
• See attached Music log- Readings are recorded throughout the event
• See attached Music Noise Ordinance procedures- every LBV employee signs and agrees to
policy.
Effective March I", LBV will enter into a commercial service contract with Allied Waste for
contracted weekly pickup.
The container will be located behind the property (see attached site plan) and Allied Waste will
pick up from that location.
The larger container will eliminate any unsightly garbage cans in front of the property.
La Buena Vida's Hours of Operation
Monday & Tuesday - closed to the public
Wednesday — Saturday —11am — 9pm
Sunday —11am -7pm
If the facility is rented for a private event, the public will be notified that the venue will be closed for a
private event. Notification will occur through signage, facebook and constant contact.
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Puente Enterprises, Inc.
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Music Noise Ordinance Procedures
In accordance with the city of Grapevine's noise ordinance law(s) we must pay particular attention to
this facet of our business. La Buena Vida is located in a historical area of town, which is also zoned as
residential. The noise ordinances for our location can be found in this link:
http: / /www.graDevinetexas. ,Rov /documentcenter /view /304
The decibels allowed for our musicians /disc iockeys are to NOT exceed 57 on the meter NOR deemed
an annoyance by the complainer and /or city. See immediately below. These are for the operating
hours of 11am to 10pm. We do not book or allow music after 10:00pm on any day of the week.
"Not only is it important to score within ranee of the meter: it is imperative we abide by section i of
Grapevine city code under Section 55.
is Noise Disturbance — means any sound which (a) endangers or injures
the safety or health of humans or animals, or (b) annoys or disturbs a
reasonable person of normal sensitivities, or (c) endangers or injures
personal or real property.
Our meter needs to be readily available at all times — especially when music /entertainment is on
premise. Make sure backup batteries and the instructions are kept near the device as well. Please
check your musicians periodically just to be proactive against neighborhood complaints. In the event
you get receive a complaint from a neighbor or the Grapevine PD please use the following as a guideline
of your expected reactions, responses and corrections. Keep in mind decibel readings are just a tool —
section i can be a determining factor for a citation or ending the event. Keep in mind the meter reads
multiple measurements so make sure you have it on the correct setting.
➢ Please show the officer the reading, be polite and courteous. But also be an educated operator
and let them know you are familiar with the ordinance. Do not ever argue with the officer or a
neighbor.
➢ If indeed we are over the reading or they feel we are out of compliance with Section i please
immediately approach the talent and ask to correct the levels. Reminder Section i has no levels.
it will solely be determined by the officer that we are a disturbance to the neighborhood.
➢ A second visit by the city is unacceptable.
For future events and /or days music is booked please make sure to adhere to the following:
➢ Musicians need to play away from the entrance — pavilion area preferred.
➢ Speakers face away from the neighborhood and turned into our building and TWGGA building.
➢ Musicians are aware of acceptable times; consequences.
➢ If a musician is ever negligent in their action to lower the levels, they will no longer play at La
Buena Vida.
➢ Please post this notice in a viewable spot in the office.
In the event you receive a visit from the city or take a call from the neighbor it is imperative you let
management know the night of. It is also imperative you send a recap email noting the following:
1. Time and Name of Event
2. Musician performed & their location
3. Meter reading
4. Guest count
5. Officer
6. Any negative reaction(s) from the musician or the event host
7. Conversations with the above 4 and 5.
I have read and fully understand the noise ordinance procedure as started above and that failure to
abide by this may lead to disciplinary action up to and including termination.
Date
Name
Signature
"PLEASE SCAN /EMAIL OUT AT THE END OF NIGHT WITH SALES
WUNIC WIUL Bf--7 BOOKED PAST 10prn
EVENT:
EVENT MUSIC:
MOD:
Manager on duty (M•D) will be held accountable for the music levels.
This will be discipline personnel issue if not followed.
START TIME:
First hour
Second hour
Third hour
END TIME:
LSP U I U-1 P k1i." 0 U
e
AUK:
• Up to 20 LSP 500 PRO can be remote
controlled by iPad (in a wireless network)
• Bluetooth audio streaming
• Mixing function for:
— up to 3 wireless microphones
— integrated USB player /recorder
— professional 2 -way speaker
• Battery powered
• 2 wired audio inputs
• Three 1/2 19" slots for accommodating ew
G3 receivers, one slot can alternatively
accommodate an ew G3 transmitter
The LSP 50(,) PRO is a wireless two -way audio system for professional use.
It has been designed to address audiences at indoor and outdoor events without
the need of any power or audio cables. The LSP 500 PRO allows you to install up
to three receivers for wireless microphones. You can also
play music wirelessly via a Bluetooth connection.
Alternatively, you can use the integrated media player
to play music from your USB storage device. For larger
events you can send the sum signal of one LSP 500 PRO
via a wireless transmitter to other LSP 500 PRO devices.
The LSP 500 PRO is remote controllable via an app for
tablets (currently supported: iPad), which serves as a
mixing console and permits the control of up to 20
LSP 500 PRO simultaneously.
The wireless integrated PA system shall be a portable professional sound system for meetings, conferences, events, etc.
It shall be a 2 -way system featuring an 8" woofer, a 3/4" compression driver and a passive crossover.
Sound pressure level shall be 110 dB SPL (10 % THD, fullspace). Frequency response shall range from 65- 18,000 Hz ( -10 dB).
Dispersion (H x V) shall be 80 ° x 60 °.
The PA system shall feature a Class D amplifier with 55 W continuous output power (120 W peak) and shall include a 3 -band
semi - parametric equalizer.
The PA system shall provide three 112 19" slots for accommodating rack -mount receivers of the Sennheiser ew G3 series.
Slot 1 shall also be capable of accommodating an ew G3 rack -mount transmitter. Each slot shall have a cable with DC connector
to supply the ew G3 devices with power. In addition, each slot shall provide audio connection cables with a 1/4" (6.3 mm) jack plug.
The PA system shall have a Bluetooth interface for wireless connection to audio sources (e.g. iPod, smartphone). A mic input for
connecting wired audio sources shall be provided and shall utilize an XLR- 3F/1/4" (6.3 mm) jack combo socket. The mic input shall
provide switchabie 48 V phantom power (switchable via operating menu). The PA system shall feature an RCA input for connecting
wired audio sources and an RCA output for outputting audio to an external device (e.g. recording device). The PA system shall have
a USB 2.0 port for playing audio files from storage media, an XLR -3M output for outputting audio to an additional PA system or
active subwoofer and an XLR -3F input for connection to the "Link" output of an additional PA system.
The PA system shall be menu - driven and shall have a graphical OLED display.
With the Remote Control app for tablet PCs (currently supported: iPad with iOS 6.0 or later), up to 20 PA systems shall be remote
controllable via WLAN.
The PA system shall have the option of being mains operated (100- 240VAC at 50 — 60 Hz) or battery powered. Battery power shall
be supplied by Sennheiser LBA 500 rechargeable Li -Ion battery packs. The PA system shall provide two battery compartments but
only one battery pack shall be required for powering, allowing a discharged battery pack to be replaced during operation.
Continued on page 2
Battery voltage shall be 14.4 V, nominal charge shall be 4.4 Ah. Operating time shall be approximately 6 hours, charging time shall
be approx. 5 hours.
The PA system shall have a rugged plywood housing with polyurethane coating. The bottom of the housing shall provide a 36 mm
(1.42 ") pole mount with 13.5° tilt option (adjustable in 4.5' steps). Dimensions shall be 290 x 550 x 320 mm (11.42" x 21.65" x
12.60 "). Weight (with battery packs, without ew G3 devices) shall be approximately 13.6 kg (30.0 Ibs.). Operating temperature shall
range from 0 °C to +50 °C ( +32 OF to +122 °F). The wireless integrated PA system shall be the Sennheiser LSP 500 PRO,
Remote Control app
The app shall be designed to convert a tablet PC (currently supported: iPad with iOS 6.0 or later) into a mobile mixing console for the
LSP 500 PRO. When the iPad and LSP 500 PRO are connected to an existing wireless network, the app shall allow the user to configu-
re and control all functions and inputs of the LSP 500 PRO and to simultaneously remote control up to 20 LSP 500 PRO directly from
the iPad. When an LSP 500 PRO is used in conjunction with Sennheiser ew 300/500 G3 receivers, the app shall provide information
on the battery and mute status of the associated ew G3 transmitters. The app shall be the Sennheiser Remote Control app.
LAP 500 protective cover
The rugged, heavy -duty and weatherproof cover shall be designed to protect the LSP 500 PRO from wear and tear and shall make it
suitable for outdoor use. The cover shall be made from lightweight nylon and shall include an extra padding for additional protection
during transport. The front of the cover shall be acoustically transparent; openings for easy access to the operating elements of the
LSP 500 PRO shall be provided at the cover's back. The protective cover shall be the Sennheiser LAP 500.
LAS 500 slip cover
The slip cover for the LSP 500 PRO shall be made from white stretch fabric. It shall be acoustically transparent to allow
the full sound spectrum of the LSP 500 PRO to pass through.
The slip cover shall be the Sennheiser LAS 500.
LAB 500 trolley bag
The padded, heavy -duty trolley bag shall be designed for optimum protection and convenient transport of the LSP 500 PRO.
A telescopic handle shall be provided for easy maneuvering and additional pockets on the outside of the bag shall allow for easy
organization of accessories.
The trolley bag shall be the Sennheiser LAB 500.
Housing
Dimensions (W x H x D)., ....
290 x 550 x 320 mm
Acoustic design.. ....................................
(11.42" x 21.65" x 12.60 ")
Housing material .............. ......................crosswise
glued plywood,
Drivers woofer ........... .............................8"
polyurethane coating
Front design ..................... .......................acoustic
foam, black
Bottom plate .................. .........................impact
protection plastic
Frequency response . .............................65
shield with rubber feet
Handle .. ............................... .....................integrated
plastic coated
carry handle
Pole mount ................. .............................36
mm (1.4211), angle
adjustable up to +/ -13.5 °
in steps of 4.5 °
Weight (without wireless
receivers, with battery packs) ............
approx. 13.6 kg (30 lb.)
Color. ............................... ..........................black
Acoustics
.................. XLR- 3F/'/4" (6.3 mm) jack
Acoustic design.. ....................................
2-way system,
closed box design
Drivers woofer ........... .............................8"
stereo socket
tweeter ............ ...........................3
/4" compression driver
Sound pressure level .. ...........................max.
110 dB SPL (fullspace)
Frequency response . .............................65
Hz to 18 kHz ( -10 dB)
Dispersion (h x v) ...... .............................80
° x 60° ( -6 dB)
Sound processing
Amplifier........................ ..........................Class D
Output power ................ .............................55 W continuous,
120 W peak
Equalizer .................................................. semi - parametric, 3 -band
Connectivity
MIC input ...... ..........................
.................. XLR- 3F/'/4" (6.3 mm) jack
combo socket, switchable
phantom power 48 V
AUX IN input ................ ............................RCA
stereo socket
LINE OUT output ......... ............................RCA
stereo socket
LINK IN input ..................
.........................XLR -3F
LINK OUT output ............
.........................XLR -3M
USB port ....................... ............................USB 2.0
USB file formats playback ....................mp3, wav, aac, flac
recording ...................wav
Bluetooth interface ..... ...........................A2DP with aptXO
WLAN interface ........... ...........................IEEE 802.11b /g
Encryption... ................. ........................... WPA2
Slot 1/2/3
for receiver: .... ............... DC connector: hollow jack
plug (pin 1.7 mm,
sleeve 5.5 mm);
output connector:....... ...........................1 /4" (6.3 mm) plug,
data connector: RJ 45
Optional:
Slot 1
for transmitter: ............ ............... DC connector: hollow jack
plug (pin 1.7 mm, sleeve
5.5 mm);
input connector:.......... ...........................1 /4" (6.3 mm) jack plug
Power supply
Mains voltage / mains frequency 100 to 240 V —, 50/60 Hz
Battery packs ............. .............................2x Sennheiser LBA 500,
Li -Ion
Battery voltage / nominal charge...... 14.4 V / 4.4 Ah
Operating time ............... ........................approx. 6 h speech (approx.
3 h per battery pack)
Charging time ................. ........................approx. 5 h (approx. 2.5 h
per battery pack)
Temperature
Operation ................... ..............................0 °C to 500C
(32 OF to 122 °F)
Storage. .................................................... —20oC to 70 °C
( -4 °F to 158 °F)
Relative air humidity
Operation .................... .............................10 to 80 %
Storage ........................ .............................10 to 90 %
Section view C�C
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Remote control app:
Sennheiser's remote control app for the LSP 500 PRO professional wireless PA system turns the Wad
into a mobile mixing console. You only need to connect the iPad and the Sennheiser LSP 500 PRO
with an existing wireless network and you can start operating your LSP 500 PRO directly from the
iPad. The app allows to configure all functions and inputs of the LSP 500 PRO. Using Sennheiser
evolution wireless receivers for wireless microphones of ew 300/500 G3 series, the Wad app gives
information about battery and mute status of the connected wireless microphone transmitters.
The functionality of the iPad app includes the control and configuration of up to 20 LSP 500 PRO at
the same time. That provides a completely wireless operation of a large sound setup at large events
Protective cover
The LAP 500 protective cover protects your LSP 500 PRO from wear and tear. The rugged, heavy -
duty and weatherproof protective cover is made from lightweight nylon, which protects the LSP 500
PRO and also makes it suitable for outdoor use. An extra padding provides additional protection
during transport. The front of the protective cover is acoustically transparent. For easy access to the
operating elements of the LSP 500 PRO, the protective cover has openings at the back.
Slip cover
The lightweight slip cover is made from white stretch material and gives your LSP 500 PRO an un-
obtrusive look, so the audience can focus on the actual event and the attention is not drawn on the
sound system. The acoustically transparent material of the cover allows the full sound spectrum of
the LSP 500 PRO to pass through.
PRODUCT VARIANTS
RECOMMENDED ACCESSORIES
LSP 500 PRO EU
Cat. No. 505476
LAP 500 protective cover — black
Cat. No. 505478
LSP 500 PRO US
Cat. No. 505692
LAS 500 slip cover — white
Cat. No. 505666
LSP 500 PRO UK
Cat. No. 505693
LAB 500 trolley bag
Cat. No. 505479
LSP 500 PRO CN
Cat. No. 505787
LBA 500 battery pack
Cat. No. 505596
Sennheiser electronic GmbH & Co. KG
Am Labor 1, 30900 Wedemark, Germany
www.sennheiser.com
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File #: CU 1 3-19A DEC IS 2013
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ORDINANCE NO.
,1- Ibu EW A di 6 -A
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 CU13 -19A FOR
THE POSSESSION, STORAGE, RETAIL SALE, AND ON-
AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER AND WINE ONLY) AND OUTSIDE
DINING IN CONJUNCTION WITH A RESTAURANT IN A
DISTRICT ZONED "GV" GRAPEVINE VINTAGE DISTRICT
REGULATIONS 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. O. 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 13 -19A to allow for the possession, storage, retail
sale, and on- and off - premise consumption of alcoholic beverages (beer and wine only)
and outside dining in conjunction with a restaurant (La Buena Vida Vineyards), in a district
zoned "GV" Grapevine Vintage District Regulations within the following described property:
Lot 1R3, Block 22R1, Original Town of Grapevine (416 East College 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. 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. 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 18th day of February, 2014.
ORD. NO. 4
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OCCUPANCY GROUP: A-2
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