HomeMy WebLinkAboutORD 2020-039 ORDINANCE NO. 2020-039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ISSUING CONDITIONAL USE PERMIT
CU20-16 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN OF CU15-18 (ORDINANCE NO. 2015-28), TO ALLOW
FOR THE POSSESSION, STORAGE, RETAIL SALES AND
ON-PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER,WINEAND MIXED BEVERAGES)AND
OUTSIDE DINING IN CONJUNCTION WITH A RESTAURANT
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); 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 and 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 considerthe 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.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Ordinance No. 2020-039 2
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 CU20-16 to amend the site plan approved by CU15-18
(Ordinance No. 2015-028)for a winery, specifically to allow the possession, storage, retail
sales, and on-premise consumption of alcoholic beverages (beer, wine and mixed
beverages) and outside dining in conjunction with a restaurant, (Wine Fusion Winery) in a
district zoned "CDB" Central Business District within the following described property: Lot
C, Block 15, Original Town of Grapevine (603 South Main Street#304) 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: The hours of
operation may be Monday thru Friday 3:00 p.m. — 12:00 a.m. and Saturday and Sunday
10:00 a.m. — 12:00 a.m.
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 arid 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
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.
Ordinance No. 2020-039 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 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 August, 2020.
APPROVED:
William D. ate
Mayor
ATTEST:
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Tara Brooks ' - "`
City Secretary '��`� � A ,'��'
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APPROVED AS TO FORM:
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City ttorney
Ordinance No. 2020-039 4
AUGI 1, 2 2020
CU20-16 - APPROVED WITH THE CONDITION
THAT THE HOURS OF OPERATION MAY
BE MONDAY THRU FRiDAY 3PM-12AM,
SATURDAY AND SUNDAY 10AM-12AM
PRIMARY ENT
STEPS
COLLEGE STREET
E
40 41 42
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l_ EXISTING
SCREENED
DUMPSTER
-- EXISTING 2-5TORY - -
BRIG, VENEER
BUILDING
31 43 52
36 44 51
35 4S 80 i
34 46 T9
33 4l ,6
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_ 28 STEPS 52 15
EXISTING EXISTING------� _--
2-STORY 21 PARKING 53 12
BRICK
t •_' VENEER
` ! BUIDING 26 54 11
25 55 10
T 24 56 69
23 51 68
22 55 6T
PROJEGT LOCATION ----
4CE 603 5. MAIN STREET, -2,r STEPS 59
SUITE 66
SE 304
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10' 40'
NOTE: SITE PLAN BASED R110111517. SITE PLAN / FhRKING PLAN O
PROVIDED BY PROPERTY OWNER. SC,gLE: i" = 20'-0"
PREPARED BY TURNER BOAZ STOCKER
ARCHITECTURE, DATED 06.14.2001
89-36 00" E 23,00
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SET
VICINITY MAP (NO
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SITE DATA
ZONING: GBD
LOT AREA: 94 906 +/- 5O. FT. OR 21TET ./- ACRES
BUILDING AREA: 8 910 +/- 50. FT.
LANDSCAPE DATA
LOT AREA: 94 906 +/- 50. FT
TOTAL LANDSCAPE: 44512 +/- SO. FT.
Ec OF LANDSCAPE: 4.8%
OC.GUPANT LOAD
KTICHEN: 3
OFFICE: 2
RESTAURANT: 63
TOTAL OCGUPANTLOAD: 68
ADJACENT ZONING: 50JTH OF THE EX15TING
PARK'NG LOT "GBD" CENTRAL BUSINESS
DISTRICT. SOUTH AND EAST
(APPROXIMATELY THE SOUTH 105 FEET OF
THE EAST PROPERTY LINE) "LI" LIGHT
INDUSTRIAL DISTRICT AND "GBD" CENTRAL
BU51NF55 D5TRIGT (APPROXIMATELY THE
NORTH 154 FEET OF THE EAST PROPERTY
LINE).
PARKING ANALY515
GR055 SQUARE FOOTAGE:
2,029 S.F.
OCCUPANCY ANALYSIS
KITGH EN:
440 5 F.
3
1200 5.F., OR055
OFFICE:
170 SF.
2
7:100 S.F., OR055
RESTAURANT
940 5.F,
63
1.15 5P, NET
TOTAL OCCUPANT LOAD
68
OUTDOOR DINING
6 5FAT5
5
PER PLAN
TOTAL OCCUPANTS FOR PARKING GALOJLATiON
66
PARKING REQUIRED:
25
PARKING ON SITE PROVIDED:
62
ADDITIONAL PUBLIC PARKING
WITHIN 500' OF BUILDING SITE:
E. HU126IN5 5T. LOT:
64
W. HUDGINS 5T. LOT (AFTER 5FM AND SAT/5UNA
54
OTHER LASED USES ON BUiLDING SITE:
OFFICE
11,15E 5F.
RESTAURANT (WEINBERSER'5 DELI)
i 212 55
RETAIL (ORAN6E F15H)
t, 306 5PF
RETAIL (GROY ED BY GRACE)
1290 S.F.
RETAIL (MAIN T. JEWELRY)
1343 5, F.
RESTAURANT (MASON 4 DIXIE)
2.070 S.F.
LEGAL DESCRIPTION:
PANI OF FROCK 1S
ORIGINAL TOM OF GRN'EV.NE
CITY OF ,RAREVINE, TARRANT COINTY. TEXAS
FILE NO. D3-1825
1. CONDITIONAL USE REOJE5T FOR THE
SALE, STORAGE. AND ON -PREMISE
CONSUMPTION OF ALGOHOLIC
5EVERA6E5 (BEER, WINE, AND MIXED
BEVERAGES)
2, THE ENTIRE SITE 15 THE PREMISE
• CONDITIONAL 05E REQUEST CO20-16 I$ A
REOIIEST TO AMEND THE PREVIOUSLY
APPROVED SITE PLAN OF CU19-18 5PRC,
GV75-15 (ORD. 2015-26) TO ALLOW FOR A
W!NERY WITH THE POSSESSION, 5TORAGE,
RETAIL SALES AND ON -AND OFF PREMISE
CONSVMF71ON OF ALCOHOLIC 5EVERAGE5
(WINE ONLY) AND OUTSIDE DINING.
5PEOFICALLY TO ALLOW THE P055E5510N.
STORAGE, RETAIL SALES AND ON -PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES
(BEER, WINE AND MIXED BEVERAGES) AND
OUTDOOR DINING IN CONJUNCTION WITH A
RESTAURANT.
THE ENTIRE 51TE 15 THE PREMISE.
• A MINIMUM OF FOUR (4) FEET CLEARANCE
BETWEEN THE CURB AND THE TABLES AND
GHAIR5 SHALL BE MAINTAINED BY THE
OWNER/OPERATOR AT ALL TIMES.
• MAINTAIN EXIT DISCHARGE RELIABILITY BY
PREVENTING TABLES AND GHAIR5 FROM
055TRUGTING EXIT DISCHARGE.
CASE NAME: WINE FUSION WINERY
CASE NUMBER: CU2D-16
LOCATION: 603 SOUTH MAIN STREET, SUITE 304
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEET.1 OF 2
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
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PROPOSED OUTDOOR DINING FURNITURE
2' 6'
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PROPOSED FLOOR PLAN N
SCALE: 1/41 = T,'
• CONDITIONAL USE REOUE5T CO20-16 15 A
REQUEST TO AMEND THE PREVIOUSLY
APPROVED 51TE PLAN OF GUi9-1b 5FRC,
GU15-15 (ORD. 2015-25) TO ALLOW FOR A
WINERY WITH THE P055E5510N, STORAGE,
RETAIL 5ALE5 AND ON -AND OFF PREMISE
CONSUMPTION OF ALCOHOLIG BEVERA6E5
(WINE ONLY) AND OUTSIDE DINING,
5PEGIFICALLY TO ALLOW THE POSSESSION,
STORAGE, RETAIL SALES AND ON-FREMI5E
CON5U"DN OF ALCOHOLIC BEVERAGES
(BEER, W!NE AND MIXED BEVERAOE5) AND
OUTDOOR DINING :N CONJUNCTION WITH A
RE5TAURAN7.
THE ENTIRE SITE 15 THE PREMISE.
• A MINIMUM OF FOUR (4) FEET GLEARANGE
BETY F—VN THE CURB AND THE TABLES AND
CHAIRS SHALL BE MAINTAINED BY THE
OWNBRiOPERATOR AT ALL TIMES.
• MAINTAIN EXIT DISCHARGE RELABILITY BY
PREVENTNG TABLES AND CHAIRS FROM
OBSTRUCTING EXIT DISCHARGE,
LA NAMt: WINE FUJIUN WINERY
CASE NUMBER: CU20-16
LOCATION: 603 SOUTH MAIN STREET, SUITE 304
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SHEEP: ? OF ?
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
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