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HomeMy WebLinkAboutItem 01 - CU07-20 & CU07-21 TastingsConditional Use Permit Application CU07-20 Conditional Use Permit Application CU07-21 Tastings During the public hearing on September 181h discussion centered on restaurant uses in this new mixed use project and the possible negative impact restaurant uses could have on this project if they were allowed to consume the majority of the retail space on the ground floor of both retail buildings. Subsequently, both requests were tabled to the October 16th public hearing. Two meetings were held with representatives of Fairfield Development, the developers of the Fairfield on Main mixed use project to discuss limitations on restaurants, regardless of alcohol beverage sales. As a result of those meetings, along with favorable consideration of both Tastings requests, Fairfield Development has agreed that any additional full service restaurant uses are not permitted on the subject property with the exception of coffee shops, bakeries, sandwich shops, and wine tasting rooms which shall require approval of a conditional use permit. The ordinance for CU07-21 has been amended to reflect this agreement. IW;M*1WIWC9Pk E s The property is zoned "MXU" Mixed Use District and is under construction for a residential/commercial mixed use development consisting of 20,200 square feet of ground floor retail in two separate buildings that will front South Main Street (9,900 and 10,300 respectively) along with 251 apartment units that will be served by a five level parking garage containing 510 parking spaces. The two buildings fronting South Main Street will be three story structures with the ground floor consisting of retail lease space and the second and third story consisting of residential apartment units. To the east of these structures, a surface parking area of 60 spaces will separate these two buildings from the parking garage and remaining four story apartment structure. Parking on site totals 570 spaces which exceed the minimum requirements (496 spaces required). There are 12 additional parallel parking spaces on South Main Street to serve the retail users. A total of 251 apartment units are proposed consisting of 144 one - bedroom units and 107 two-bedroom units. HISTORY OF TRACT AND SURROUNDING AREA: The bulk of the subject property was zoned "C-2" Community Business District prior to the 1984 City Rezoning. A portion of the subject property and the adjacent property to the east was zoned "R-2" Two -Family District prior to the 1984 City Rezoning. The properties to the north across Dallas Road and to the west and south were zoned "LI" Light Industrial District prior to the 1984 City Rezoning. The subject and surrounding properties were subsequently rezoned to "PO" Professional Office District during the 1984 City Rezoning. The subject property was rezoned in 1994 (Z94-08) to "HCO" Hotel/Corporate Office District for development of a bank (Omni American). Another small rezoning occurred in 1997 (Z97-12) on the subject tract for a small .142 acre parcel that was previously developed as a single family home—this tract was intended to be used as off street parking for the bank. A zone change request (Z05-10) was approved on the subject site by Council at their September 20, 2005 meeting rezoning the subject property from "HCO" Hotel and Corporate Office District and "LI" Light Industrial District to "MXU" Mixed Use District. O:\ZCU\CU07-20.41 2 October 10, 2007 (1:48PM) SURROUNDING ZONING AND EXISTING LAND USE: NORTH: SOUTH: EAST: WEST: AIRPORT IMPACT: "LI" Light Industrial District—Security Manufacturing "PO" Professional Office District—Bank of America "PO" Professional Office District and "LI" Light Industrial District— small office building, vacant industrial property "PO" Professional Office District and "CBD" Central Business District—Old Main Place office complex; Legacy Texas Bank 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 Commercial land use. The applicant's proposal is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Main Street as a Type C, Minor Arterial with a minimum 80 foot right-of-way developed as four lanes with a center left turn lane. Dallas Road is designated as a Type C, Minor Arterial with a minimum 80 foot right-of-way developed as four lanes with a center left turn lane. OAZCU\CU07-20.41 3 October 10, 2007 (1:48PM) GU TR 65A3.1 �i L t 1 615 M I ID 2 m,_ � � E DALLAS RD P0_. WDALLAS RD 33A rR 1 TR 324 i 213 R 30A I L�---� 51 i TRPPRP ,e rt CCU 9133R cc C 1 TR 20r- 923 0 923 . . . _ TR9n PDDN ( II . . . . . . . .iR -- TR DA a�, 2042DA 9 ! . . . . . . . . . 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PROPERTY INFORMATION Street address of subject property Q %q X. /l -I fiat - Legal description tof subject property (metes-& bounds mu be described on 8 112"x 11 "sheet) Size of subject property �i Acres C e> Square foota e Present zoning classification: Proposed use of the property: Minimum /maximum district size for conditional use request. Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner. _{ F� V ('/C ,k U V Street address of propertyowner.• -h 2114-S- kr t, hn,-A�V 3 n, Set c City/ State /Zip Code of property owner. (sYr-� b ra r Y t c T,Pi� a r a b t f3kAk1Sa vik . M -K Telephone number of property owner: 011) al &— g4-00 Fax number of property owner: 0_2CUiF0RMS1app.cu_doc www.d.grapevine.tx.us J I 2 2007 ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document n 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 will, 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 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 wit/ 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 conditional use permit can only be approved by city council through the public hearing process. ❑ i 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 apelication have been met at the time of submittal. PART4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND E A CONDITIONAL USE REQUEST SiGN ON THE SUBJECT PROPERTY Print Applicant's Name: nrfr_ant°� c;n� The State of .-rESC s County Of Before Me �1 1-,(y �/Y1;r1W on this day personally appeared (notary) �07�1- �. 5Ui''Ir1C/Z5 (applicant) 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 l & M day A.D. o *� PATTY S. SMITH {� ° Notary Public / f STATE Or TEXAS Notary In &For State Of Texas My Comm. Exp. April 20, 2011 Print Property Owners Name: Property Owner's Signature` %►Lr a QrG 5 r° V. _ The State Of lX j t" r I t✓ 1/ t✓ V� 0 t V1 LP It�� b /t / County Ofd �� % r C� V %Y) Ct t n L L'. %eYP e ra 1 % ��ll'T!'%er BeforeMe on this day personally appeared. rc �J otary) property owner) �— 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 day of A.D. 7 '? O:\ZCUtFORMSiapp. cu.doc ww ci_grapevineAx.us w, FARRIE L CUiB M 3 XIL 92,7 2 U 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 filing 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 conditional use or special use permit and acknowledge that all requirements of t,.,s application have been met at the time of submittal. Signature of Applicant Date: 71it. 1o'7 Signature of Owner Date: 0.\7-CU\FORMS\app.cu.doc www.d.grapevine.bcus -Chanes 0• 0,4aMy Sr -\*'P F�iir� Id GV tvx;n L.P 'J,J= FF Gv MGttiY t1C GEV'ev-al far4r)er 30 - 0 July 30, 2007`` City of Grapevine Development Service Attention: Ron Stombaugh, Planning and Development Manager 200 South Main Grapevine, Texas 76099 Mr Stombaugh,; This letter is being submitted in conjunction with our Conditional Use Application, and Site Plan Application, as required by the City of Grapevine. This letter will give you an overview of our project and franchise Tastings that we are looking forward to bringing to the City of Grapevine. We currently have obtained a lease for approximately 2,700 sq. ft at the new `Fairfield on Main Street' project located at Building `A', 909 S. Main, Grapevine, to place our Tastings franchise. Approximately 2,400 sq. ft. will house the restaurant/bar, and approximately 300 sq. ft. will be allocated to a separate retail store for off premise sales of fine wines, beer, art, and other gift and accessory items. The zoning for our project is currently mixed use and will allow for our business operation. However, we are required to file this letter and subsequent applications for conditional use for the sale, storage, and on -premise consumption of alcoholic beverages (beer, wine, and mixed beverages). As well, our retail store requires conditional use request for the sale, storage, and off -premise consumption of alcoholic beverages (beer and/or wine only) Our business will be built and established within the new `Fairfield on Main' development in the allocated retail area. Our Tastings franchise will be one of a few high end unique concepts that will be considered and included in the development. Our business will be enjoyed anal enhance the development for tourists, visitors, citizens of Grapevine, and newly established residents of the apartments in the project. The Tastings franchise has a dedicated chef and staff with an established unique menu that is revised with new featured items seasonally. Tastings features a food menu specially prepared for paring with various wines, and a variety of different beers. Our menu offers a variety of dips and spreads, salads, cheese and meat platters, sandwiches, gourmet flatbread pizzas, antipasto, and exquisite deserts_ In addition, to our regular menu we offer an on site or off site catering menu for private parties and special events. Page 2 Re: Letter to Development Services, City of Grapevine, Texas The Tastings concept features special Enomatic wine machines. With over 100 wines in stock, Tastings boasts one of the largest selections in the world for wines -offering new levels of experience to everyone. These machines preserve the condition of the wine for a much longer period of time. By lowering the amount of oxygen and increasing the amount of nitrogen, each connection creates a vacuum -like seal, essentially causing the condition of the wine to be frozen in time. The machines give the customer the ability to sample a $10 award-winning bottle of wine or that $150 bottle they have heard about and have wanted to taste. Our concept in Grapevine will feature and promote a special Texas selection, and a dedicated Grapevine selection exclusively for wines made and produced through local wineries_ Tastings also offers fine art. It is the only U.S. Gallery for International Artist Leanne Laine. Laine is an extremely talented visual artist from Coquitlam, B.C., Canada where she is a recognized member of a variety of artists' associations including the Federation of Canadian Artists. Laine is an artist who has clearly arrived, selling over 700 of her hand painted works and fine art giclees to private and corporate collectors worldwide. We hope our customers will find the comfortable atmosphere of Tastings to be that of their own home. Entertaining with friends and enjoying wine & food is truly a passion of ours, and we are excited to share with you our concept and look forward to sharing it with the City of Grapevine. Sincer, , `Scott B. Summers One-Summ, LLC d/b/a Tastings 726 W. Lonesome Dove Trail Arlington, Texas 76001 SBSurr mers7262a,aol.coin 817-247-0365 F.' 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 CU07-20 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-75 FOR THE POSSESSION, STORAGE, RETAIL SALE AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A RETAIL STORE IN A DISTRICT ZONED "MXU" MIXED USE 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 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. THEREFORE,ORDAINED BY THE CITY COUNCIL 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 CU07-20 to amend the site plan approved by Ordinance No. 2005- 75 for the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a retail store (Tastings) in a district zoned "MXU" Mixed Use District Regulations within the following described property: Lot 1, Block 1, Hasten Addition (909 South Main Street, Suite 109) 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 16th day of October, 2007. ATTEST; ORD. NO. 4 °71 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 CU07-21 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-75 FOR 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 "MXU" MIXED USE 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 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 CU07-21 to amend the site plan approved by Ordinance No. 2005- 75 for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Tastings) in a district zoned "MXU" Mixed Use District Regulations within the following described property: Lot 1, Block 1, Hasten Addition (909 South Main Street, Suite 110) 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: Additional full service restaurant uses are not permitted on the subject property with the exception of coffee shops, bakeries, sandwich shops, and wine tasting rooms which shall require approval of a conditional use permit in accordance with Section 40, "MXU" Mixed Use District regulations. 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 ORD. NO. 3 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. 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 16th day of October, 2007. UITSWIMITSITM ATTEST: ORD. NO. 4 omm��� o �-,A WEST DALLAS STREET NOT FOR CONSTRUCTION VICINITY MAP APPLICANT: ONESUMM, LLC (DBA TASTINGS) 726 WEST LONESOME DOVE TRAIL ARLINGTON, TX 76001 817.247.0870 CONTACT: SCOTT & CINDY SUMMERS MR AX HEIGF FETA1 CWL• AVG UNIT UNIT MIX COMI RESIDENTIAL DESCRIPTION TORTE SIZE NON- UNITS RESIDENTLALST. 1. BUILDNGA 3 55FT. 1,915 SF 2 14 10,W) 16 2 BUILDNGS 3 55FT. 1,0455F 0 16 9,900 16 3. BUILDNGC 4 %FT. 1,W 5F 142 17 0 219 LEASING OFFICE + 1 4,100 RECREATION CENTER 4. PARK 14G GARAGE (5 LE ) 56 FT. TOTAL 144 107 24,300 251 PARKING COUNT SITE INFORMATION RETAIL PARKING LOT AREA 240,047 SF MAIN STREET, 12 SPACES LOT COVERAGE (BUILDINGS AND STRUCTURES)! SURFACE LOT, 62 SPACES 145,071 SF (60.43%) GARAGE, 66 SPACES TOTAL, 140 SPACES(1 SPACE PER 145 SF) OPEN SPACE- 66,160 SF (SEE BREAKDOWN SELOM 1, PLAZA AREA BETWEEN TWO KETAL BUIWNGS 9.350 SF 2. POOL COURT YARD WRHN RESIDENTIAL SUILDNG IS 17.350 SF 3. OTHER OPEN SPACE AREAS (LAWN AREAS, GRASS STRIPS. RESIDENTIALPARKING PLANTING BUFFERS SIDEWALK. NASH STREET, 7 SPACES SURFACE LOT, 30 SPACES (COMPACT) GARAGE, 444 SPACES TOTAL, 481 SPACES (1.9 SPACES PER UNIT) (1.79 SPACES PER UNIT NOT COUNTING COMPACT SPACES) RETAIL STORE -342 SF 1. CU07-20 IS A CONMIONAL USE REQUEST FOR Tiff SALE, STORAGE, RETAIL SALE AND OFF-pRppSE COIW1M710H OF ALCHOLIC BEVERAGES (BEEP, WANE AND WINE ONLY) IN CONJUNCTION WITH A RETAIL STORE 2. THE ENTIRE SITE IS THE PREMISES. NAME TASTINGS--RETAL STORE WMBER: CU07-20 "t 9N9 SOUTH MAIN ST., SLNTE 109 SECRETARY PLAWN0 AND 20NM ODMWWON CHAIRMAN DATE SHEET: -OF APPROVAL DOES NOT W114ORRE ANY WORK IN f 0114FLCf WITH ANY CDDES OR DEPARTMENT OF DEVELOPMENT SERVK£S TE%/S REG. KI3� YOERiCK BATOON Bare: 07 416 a O 1 MAIN STREET ELEVA 77ON SCOW NOT FOR CONSTRUCTION EIEIMTOP ojEAST ELEVATION SYi1LE 3/a2 t =0' APPLICANT: ONESUMM, LLC (DBA TASTINGS) 726 WEST LONESOME DOVE TRAIL ARLINGTON, TX 76001 817.247.0870 CONTACT: SCOTT & CINDY SUMMERS 02 SOUTH ELEVATION t. CUO7-20 IS A CON017MAL USE REDUEST FOR THE SALE. STORAGE. RETAIL SALE AND OFF -PREMISE CONSUMPTION OF AICIKLIC WOERAOES (BE77A. MINE AND MANE ONLY) N CONJIMCRON MAIN A RETAIL STORE. 2. THE ENTIRE SITE IS THE PREMISES Y Aro ANDaAFAINr f sAet 1 R7 M. 'A' XEY WT+ 3D#1,0T CASE NAYS TASTNGS-RETAIL STORE CASE NUMBER 4107-20 LOCATO& 906 SOUTH MAN Sr. SUITE tOD YAYDR SECRETARY DATE: PLANNING AND ZOMNO CORM ISSKH CHAIRMAN DATE SHEET. -_ OF APPROVAL DOES NOT AUTHUtIX ANY WORN N CONFLICT LMIHI ANY CODES OR ORDINANCES. DEPARTMENT OF DEVBXPYElNT SEANCES W Z w U 2 m W o W w W O_ CC N O W � (_ W U)LLI F Q Z w w Of Wd1- -J U) rY m W� z z ¢ c ¢ 2-- 0 0 m 0 516 FLOOR PLAN I - ll!=Zl A NOT FOR CONSTRUCTION L FM Y NL M=W OUMST AND DATA aYUP t p"" rm" DOY - MOO Y & 00A1CTION OJMI YNO 0-70I440V- wtlLY FH9 4 2LAW-TOP "CMIC"ALAD LIMIT W HP - WV n - W HImY ,40 I. V UM L R "ONVATM DMMAY Udo- In WW, MM YMT% M2 YT/, Np44 O -20P O. 14WIMM00M 10 W. MMM Y17I% U AMM NM4A 94r % ICY OlORAOY dN - 9-4 • P9WZMt-&2 W. MM9M%43.1% IVA ANY% ISM O -MP IL IM ODOLMt NA9M.W'NO y; B OCOLMt (8W W 99AiM AFM OR 22SAW L 04CL P O PoOPo7M64TEP FKgL. 24 V, f0 UATTe IL NIOLM • ROOM T IP941RATUM HOOK, W=0 V, 20 M4TT0 IL w 64L LCC ORLN! TRAP H. 0OMW T OOHNTRWOP OLA®O 9M9MM DOV, &NSA P44MB.14 A" 4 90 0 94C -D GRAN 00APIP M. HAND MAW ONK M KV ON W COLD MATY K BMl9t W*mYCLlk"ApmO-F'oew IL ttv§KVmTMt Rift 20. FWPPV=MTMD CrW DMMAY CASE-( T0420 )• I M WA04 , M AMM N NIO-OP X AIR COVM GM MASS VVLT%I& ATM 2L HYmmm OfNALTm Nv I ph" • A wades ML nor ow APPLICANT ONESUMM, LLC (DBA TASTINGS) 726 WEST LON ESOM E DOVE TRAIL ARLINGTON, TX 76001 817.247.0870 CONTACT: SCOTT&CINDY SUMMERS 1. CU07-2G IS A O"71ONAL USE REQUEST FOR THE SALE. STORAGE, RETAL SALE AND OFF-PREIWSE CON TKN OF ALCHOUC BEVERAGES (BEER, VW AND WE ONLY) N CONJUNCTION PATH A RETAIL STORE 2. THE ENTIFE SITE IS THE PREMISES CASE NAME TASTNGS-RETS STORE CASE NUMBM CU07-20 LOCATIOtt 908 SOUTH MAN Sr.. SUITE 109 MAYOR SECRETARY DATE PLMIFMG AND ZONIIG COMMISSION CHHANMAN DATE SHEET. __ OF _ APPROVAL DOES NOT AUTHORS ANY WORK N COMFUCT TATH ANY CODES OR ORDNANCES, DEPARTMENT OF DEVELOPMENT SMrACES uJ z w a w U (� Z LU Q W �? LU to U) Zr - H- ~W LL ¢ LU � U) w� Z Z N Fa" _ F -- O m 0 rn sis Lu W W co Z cQ G M 0 co NOT FOR CONSTRUCTION WEST DALLAS STREET EAST NASH STREET VICINITY MAP APPLICANT: ONESUMM, LLC (OBATASTINGS) 726 WEST LONESOME DOVE TRAIL ARLINGTON, TX 76001 817.247.0870 CONTACT: SCOTT & CINDY SUMMERS NETNL MAXRE—T AVG UNIT UNIT MIX COMMERC NL+ RESIOENTIAI DESCRIPTION TORTE SIL NO UNITS BDRM BOR,f RESIDENTMLSF. 1. BUILDINGA 3 SS FT. 5 SF 2 14 10,0 16 1,04 30 2 BLIROMGB 3 55 FT. 1,0455E B 16 9,960 16 3. BUILDING C 4 66 FT, 1.04.5 SF 142 T1 B 219 LEASING OFFICE + 1 4100 RECREATION CENTER 4. PARKING GARAGE IS LEVEL) 56 FT. TOTAL 1M 101 24,300 251 PARKING COUNT SITE INFORMATION RETAIL PARKING LOT AREA 240,047 SF MAIN STREET, 12 SPACES LOT COVERAGE (BUILDINGS AND STRUCTURES): SURFACE LOT, 62 SPACES 145,071 SF (60.43%) GARAGE, 66 SPACES TOTAL, 140 SPACES II SPACE PER 145 SFJ OPEN SPACE= 85.160 SF (SEE BREAK DOM+ BELOW) 1. PLAZA AREA BETWEEN TWO RETAIL BUILDINGS 9.-1 SF T POOL COURTYARD WTTNN RESIDENTNL 6UILDNG LS 11.350SF RESIDENTIAL PARKING 3. OMEROPEN SPACEAREASBAWNARBAS.GRASSSTRPS, PLANTING BUFFERS SUEWALIC NAS H STREET, 7 SPACES SURFACE LOT, 30 SPACES (COMPACT) GARAGE, 444 SPACES TOTAL, 481 SPACES (1.9 SPACES PER UNIT) - (1,79 SPACES PER UNIT NOT COUNTING COMPACT SPACES) RESTAURANT -2,358 SF 1. CUG7-21 IS A CONDITIONAL USE REQUEST FOR THE SAI.& STORAGE. AND ON—PROJISE CONSUMPTION OF ALCHOLIC BEVERAGES (BEER, MR7E AND INX D BEVERAGES) AND OUTSIDE DOYiG N CONALNCTION NTiN A RESTAURANT. 2 THE ENTIRE SITE IS THE PRDNSM CASE. NATE:.... TAS INGS-RESTAUiANT CASE HUMBETE CU07-21 LOCATION, 009 SOUTH MAN ST., SUITE 110 MAYOR SECRETARY DATE PLANNING AND ZONING OOLUSSION CHAWMAN DATE SHEET: _. OF _ APPROVAL DOES NOT AUTHORIZE ANY VIM IN CONFLICT " ANY CODES OR ORDINANCES. DEPARTWNT OF DEVOM ENT SERVICES LL TEWS a6G. Nw6 BvoERicK BATooN OPPWN BY. 116 O, MAIN STREET ELEVA TION NOT FOR CONSTRUCTION Eu'w CR OjEAST ELEVAT7ON scue APPLICANT: ONESUMM, LLC (DBA TASTINGS) 726 WEST LONESOME DOVE TRAIL ARLINGTON, TX 76001 817.247.0870 CONTACT. SCOTT & CINDY SUMMERS EUEwUm 02 SOUTH ELEVATION IQ3TNJFAIif hd� BAR f R 1 &Da A' PTY IiOP J04/bI 1. CU07-21 IS A CONDITIONAL USE REQUEST FOR THE SNE, STORAGE, AND ON -PREMISE 0ONSU1Pila! OF ALCTDUC BEVERAGES (BEER, WINE. AND MIXED BEVERAGES) AND OUTSIDE DMNG N OONJIRNCTION MRH A RESTAURANT. 2. THE ENTIRE SITE IS THE PREMISES. CASE NAYS TASTNOS-RESTAURANT CASE NUMBER 0007-21 LDCATM om SOUTH MAN si SUTIE 110 PAYOR SECRETARY DATE DATE: SHEET' _ OF _ APPROVAL DOES NOT AURIORIZE ANY WORK N CONRJCT NTH ANY CODES OR ORDINANCES DEPART ENT OF DEVELOPMENT SERVICES r Z w W U � Z W Q N LJ o DW ¢� Lu w QZZ� gco W ¢ ¢ w 111 Z LuW O_ u3 [n Z_ a S 0 O rn NOT FOR CONSTRUCTION L r0® Y N.b=MC CUTLW Alb DATA cunsr 2. r**" Mise T70V - W" V i OCRA90TIGN O ION 21" PIAOwtlYV- 814" MEW A. MAXI-WIP a4✓Da4C"ALAD Wr N HP -OEM [I - T RM AND 11- 6' WW IL /49F!6M"TM OIMT.A.Y CAW- N W MOA VMI* 02 AMS. NW -A samr a ItT0100lFMT4R H WMM VOLM U AMM 1114 ►-Dr T. Ki HTOR&M ON - D -490- a RSR - Vl Ip, DK[N VMM MA A M MM i -Dr y " COOLOR MM AIM y1 DOM COMM (DOUG MfA AtM OR 22INS VI L *k*M 0 FW"W FATRD "=W, )4 V, M WTM IL IINXW D MOM TWl-IWA JFW 11=11M, WIMIC V, 20 MATTO D, W MLLCN QFWAW TRAP I& CO'pALT coAm or OI.A6f uAwAm GOY, aaLm MEW, K AIM M M iNG@6AR OW -P =1 GPteY CNAN ®LUNO m. HAND AL"w SINK IT KE DPI OV COD M.ATD M mmDMromem IDAM VMT%" AIM ►-M (WW R UGIBInCWTOt I"& M FAWPUNNMITITD CM! P111M AY CA6C-( TCM -W )-I W, WAaM D RVYk NO$*-bF R B6C 2L ACalW R M0 VOLTBI2A ALM u wnwmm 404MAUR mw I p.» • rr 0044 t ZL mrNNC FW U*rz AM ART WIDTAlRAW AND DAR APPLICANT: ONESUMM, LLC (DBA TASTINGS) 726 W EST LONESOME DOVE TRAIL ARLINGTON, TX 76001 817.247.0870 CONTACT: SCOTT&CINDY SUMMERS SCAL111 LW -P-,r 1....0007-21 IS A CONDITIONAL USE REQUEST FOR THE SALE, STORAGE, AND ON-PRELISE CONSUMPTION OF ALCFIOUC BEVERAGES (BEEP, Wim, AND 1670D BEVERAGES) AND OUTSIDE DMG N CONJUNCTION W17N A RESTAURANT. 2. THE ENTIRE SM S THE PREMISES 11 NAS: TAST14GS-RESTAURANT M AISM CU07-21 TON, We SOUTH MAN ST SUITE 110 MAYOR SECRETARY DAV- PLANNING AND ZONING CONYSSION UTARMAN DATE SmEET: __ OF _ APPROVAL DOES NOT AUTHORIZE ANY WORM N CONFLICT W"N ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES LU W CIL LU Z � IoW aL oW „� Z3 �LU LL CQ IY N ZWZ Q � F— F— 0 O m