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Home My WebLink AboutORD 2011-014 ORDINANCE NO. 2011-14 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 CU11-04 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 2007-23 FOR AN OUTSIDE WINE TASTING AREA IN CONJUNCTION WITH A WINE TASTING ROOM, IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning &Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control 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 otherthings 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. NO. 2011-14 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 CU11-04 to amend the site plan approved by Ordinance No. 2007-23 for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages(wine only)specifically to allow an outside wine tasting area in conjunction with a wine tasting room (Farina's Winery) in a district zoned "CBD" Central Business District within the following described property: Lots 10 and 11, Block 3, City of Grapevine Addition (418 and 420 South Main Street) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit"A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. 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. 2011-14 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 ($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of March, 2011. APPROVED: 4� William D. Tate Mayor ATTEST: C�(�- � 1��' Linda Huff City Secretary APPROVED AS TO FORM: C�4-1-�Ion� John F. Boyle, Jr. City Attorney ORD. NO. 2011-14 4 PARKING ANALYSIS USE "ACES REQ'D. AREA. SgF-t. • SPACES NEEDED • SPACES PROVIDED WINE TASTING: 1 FOR 3 PERSONS 2,334 15 SPACES 43 SPACES „ J t 4 EXISTING OFF- NOTE: ADEQUITE PARKING IS PROVIDED FOR BOTH BUILDINGS DUE TO THE OFF-STREET PARKING. } \$TIMET PARKING. ?EXISTING OFF- \ EXISTING PARKI E t c � STREET PARKING. Etc PARKING �Q • ••, Ely LOT 12 G F' 7O L ..L 1. 1 .l y . .• • •••• .•.• Z Q lu LOT 12 ! 11L;L . . , .. . �t I ° E_ • E LOT 12 MAGIC PEN [ •••.•.•••' .r €s� roNA1. F 8' IRON FENC [ I STORY METAL BUILDING F �_ a� UNI NQRAM rutw ML ED WALKING 0 ING P 48' CEDER FENCE WITH 420 S. MAIN ST. 3 XI T 48' IRON FENCE ABOVE Q cog -t F LOT 11 -CATER FEATURE Z et XISTM OFF-STREET XI STING E PA ING. LED BRICK TO REM I TYPICAL PARKING SPACE c u" 418 S. MAIN ST. PAVI I STORY METAL BUILDING J NEW STONE LOT 10 WAL ONE FIRE cla mVIh�$I� v 1 0 v1 0 anlax BEY! 48, BRICK ALL WITH 48' IRON FENCE rAB017r T T T T a F '\ZZERED OOD FENCE LOT 5 GRAPHIC SCALE% P IN • 40' FT. r xISTIP{Cs PARKING ' � BIG FISH AREA CASE NAME: FARINA'S WMSRY i Q r 1 F- ANTIQUE REVIVAL _ NOTE: ONCOR TO BRING NEW SITE DATA CASE NUMBER% CUII-04 J'� � SERVICE LINE UNDERGROUND LOCATION: 418 i 420 VICINITY MAP ZONED: 'CBD' S. MAIN STREETk P . .«r . ;: GRAPEVINE, - � SITE �'��4N T«= 10 i I 6CAuMs l'm4V-V BLOCK*: 3 -. ADDITION: ORIGINAL TOWN OF GRAPEVINE MAYOR SECRETARY , DIMENSIONS: 35'-0'x58'-3'(LOT 10) i DATE: 38'-O'x64'-10' (LOT 11) utare, i " ' �w+> OCCUPANCY LOAD TO BE 43 PEOPLE SQUARE FOOTAGE: 4,502 P- i IONMG GOMh1ISSION } �' FARINA'S WINERY SQUARE FOOTAGE: 2,48E ADDRESS: ANTIQUE REVIVAL SQUARE FOOTAGE: 2065 418 i 420 S. MAIN STREET CHAIRMAN OUTDOOR WINE TASTING SQUARE FOOTAGE: 2334 c,; GRAPEVINE TX, 16051 DATE: t 1! f� { NOTE: .� _.. CONDITIONAL USE REGRST, CUII-04 IS A REQUEST TO AMEND T44E SITE SWEET: OF 1.1 PLAN PREVIOUSLY APPROVED FOR CU-0103 (ORD. 01-23)FOR THE E POSSESSION, SALE, STORAGE, AND ON- AND OFF-Fla-V ISE CONSUMPTION APPROVAL DOES NOT AUTHORIZE :.r . ..... ... OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINE ANY WORK IN CONFLICT WITH ANYCOD aTM OR TASTING ROOM SPECIFICALLY TO ALLOW AN OUTSIDE WINE TASTING AREA Eta, EAI I WITH ON- AND OFF-PREMISE ALCOH GO OL NSUIP't'ION (WINE ONLY). CCB tHE PREMISE IS T4�4E ENTIRE DEPAR?MENT OF DEVELOPMENT o.n.,or.RE SITE. �1 :�w`� ►,�:.4��, �'� SERVICES I LLB �E OF T ry . ... . .... . . �ONrL % } w- i 3 -tt METAL PATIO ROOF— SHED 1!J ep r t— _ax0 1 'BUILDING: HEIGH ~T 4 48' IRON ' IRON FENCE = lu a.y r r ' BRICK COLUMNS WITH STONE CAP N z a � rL3 48' BRICK WALqt L 48' BRICK WALL ' CEDER FENCE ' CEDER FENCE 0 • STONE FIREPL Z�t 1 PROPOSED REAR ELEVATION w XISTING BUILDING lei 0 1 '0 0 0, O STONE FIREPLACE— S it PATIO GRAPHIC SCALE: I' IN • 10' FT. ' I 1.1l't BRICK COL ='Q CASE NAME: FARINA'8 WINERY � W 3' WALK SPAC ANTIQUE REVIVAL 101 'z lw CASE NUMBERS CUI I-04 J 0' LOCATION: 416 i 420 S. MAIN STREET w ® GRAPEVINE. TX — WATER FEA ' WOOD FENCE MAYOR SECRETARY DATE: Z PROPOSED SIDE ELEVATION MANNWS 4 ZONWx COMMISSION CHAIRMAN NOTE: DATE: CONDITIONAL USE REQUEST, CJII-04 IS A REQUEST TO AMEND THE SITE SHEET: OF ` PLAN PREVIOUSLY APPROVED FOR CU-0103 (ORD. 01-23)FOR THE POSSESSION, SALE, STORAGE, AND ON- AND OFF-PREMISE C 74611•1PTION APPROVAL DOES NOT AUTHORIZE OF ALCOWX.IC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINE ANY WORK M CONFLICT WITH ANY zm+m TASTING: ROOM SPECIFICALLY TO ALLOW AN OUTSIDE WINE TASTING AREA CODES OR 0310SAI WITH ON- AND OFF-PREMISE ALCOHOL CONSUMPTION (WIDE ONLY). ORDINANCES. a umay. C05 THE PREMISE IS THE ENTIRE SITE. DEPARTMENT OF DEVELOPMENT awisr. SERyICES LLB NOTE: ONCOR TO BRING NEW SERVICE LINE UNDERGROUND RAC%E 4 Fppp ALCOHOL STORAGE ••• •••• ••• 8, WOOD FEN SERVICE BAR DI AY • • •••••M r W STONE WALL 6 i PROPOSED o Q � COVERED AREA-- $ NIbNAI. } W STONE F1 c. 48' BRICK WALL 35 -�' 2 FIRE tNE FIRE-SPRINKLERS Z t._ WITH 48' IRON XIT BY OTHERS -- FENCE ABOVE— FIE L CONSUMPTION/RETAIL ~ O3 AREA I W f TREE TO REMAIN—a' SCREENING FENCE •v �.. 8'-� ' + (2) SPRINKLER HEADS -161 A TO BE REMOVED, OTHERS TO REMAIN' 4 2� XIST 0 _ n WA ATU 0 {� WINE T 3 "" Q� TER FE -6 22 S P'q Q v !1C KNOX BOX �,..d 48' WIDE IRON GA ---EXIT 'ffi Q 48' CEDER FENCE NSUMP< TION AREA WE WITH 48' IRON FENCE ABOVE— 8' SCREENING FENCE 4, J, OR a 20' m 2®' 401 WITH 48' SERVICE CAA ALCOHOL STORAGE40 v v v v 8' IRON FEN '1'-6 2 < DISPLAY S p 4 29 -6 C,R,4F441C SCALE: 1' IN ■ 20' FT. � EXISTING PARKING TO REMAIN GAGE NAME: FARMA'S WINERY s ANTIQUE REVIVAL w i AREA FLAN CASE NUMBER: CUII-04 SCALE= r•zo'-o' LOCATION: 418 4 420 S. MAIN STREET W r m Co APEVINE, TX w MAYOR SECRETARY OCCUPANCY LOAD TO 13E 43 PEOPLE DATE: FARINA'S WINERY SQUARE FOOTAGE: 2,489 PLANNING t ZONING C MMISSION ANTIQUE REVIVAL SQUARE FOOTAGE: 2p65 OUTDOOR WINE TASTING SQUARE FOOTAGE: 2,334 CHAIRMAN NOTE: DATE: PLAN IPREEVIOIONAL I USE APPROVED' IFOR ICJ®03�t�01-233FOR THWE E TE STET: OF POSSESSION, SALE, STORAGE, AND ON- AND OFF-PREMISE C X01"IPTION APPROVAL DOES NOT AUTHORIZE OF ALC P14OLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINE ANY WORK IN CONFLICT WITH ANY *AM TASTING ROOM SPECIFICALLY TO ALLOW AN OUTSIDE WINE TASTING AREA =ODES OR 03/vs/ll WITH ON- AND OFF-PREMISE ALCOHOL CONSUMPTION (WINE ONLY). ORDINANCES DwAm.Y. CC8 THE PREMISE IS THE ENTIRE SITE. DEPARTMENT OF DEVELOPMENT MOWN or, SERVICES LLS