HomeMy WebLinkAboutItem 05 - CU05-48 Gourmet Conceptse5 imp `f
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION n
FROM: BRUNO RUMBELOW, ACTING CITY MANAGER' ,.
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: AUGUST 16, 2005
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU05-48
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Grapevine y3, APPLICANT: Candice Hunter
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Northwes PROPERTY LOCATION AND SIZE:
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eE.y? ; The subject property is located at 413 South Main
Street and platted as Lots 5 and 6, Block 18, Original
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Airport
3 Town of Grapevine. The addition contains
1 Hall -Johnson ti3 Airport I p
approximately 2,000 square feet and has
��--- A approximately 24 feet of frontage along South Main
m Glade Rd. Street.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow for the possession, storage,
retail sale, and on- and off -premise consumption of alcoholic beverages (wine only) in
conjunction with a restaurant.
The applicant currently operates a retail shop specializing in cheeses and prepared foods
and intends to sell and serve wine on -premise to patrons of the store. See the attached
letter.
PRESENT ZONING AND USE:
The property is zoned "CBD" Central Business District and is currently used as a retail
shop.
0:\ZCU\CU05-48.4 1 August 8, 2005 (10:19AM)
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and surrounding areas were rezoned in the 1984 City Rezoning from
"C-2" Community Business District to "CBD" Central Business District. The subject
property is also located within a Historic Overlay District (HL92-03).
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District—various retail businesses
SOUTH: "CBD" Central Business District—various retail businesses
EAST: "CBD" Central Business District—various retail businesses
WEST: "CBD" Central Business District—various retail businesses
The subject tract is located within "Zone A" zone of minimal effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. Few
activities will be affected by aircraft sounds in Zone A, except for sound sensitive activities
such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal
is an appropriate use in this noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Central Business District land use.
The applicant's proposal is in compliance with the Master Plan.
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0:1ZCU1CU05-48.4 2 August 8, 2005 (10:19AM)
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T E X A S CITY OF GRAPEVINE
V'r CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent.
G 061A MQ- �S
Street address of applicant/ agent:
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City / State /Zip Code of applicant / agent:
Telephone number of applicant/ age t.
FaxRnumber of applicant /agent:
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Applicant's interest in subject property:
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PART 2. PROPERTY INFORMATION
Street address of subject property
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Legal description of subject property (metes & bounds must be described on 8 1/2"x 11" sheet)
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ize of Vbject property
Acres '"' Square footage
Present zoning classification:
Fkoposed use of the property.
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Minimum /maximum district size for conditional use request: 1
Zoning ordinance provision requiring a conditional use:
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PART 3. PROPERTY OWNER INFORMATION
Name of current property owner
Street address of property owner,
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City / State /Zip Code of property owner.-
wner:Telephone
Telephonenumber of pro rty owner.' Fax number of property owner.-
7. 5�2
❑ Submit a letter describing the proposed conditional use and note the request on the site plan document
❑ 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').
D The site plan submission shall meet the requirements of Section 47, Site Plan Requirements, and Section 45. E.
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❑ 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 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 conditional use permit can only be approved by city
council through the public hearing process.
❑ 1 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 application have been met at the time of submittal.
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
Print Applicant's Name: A rjcant's Signature:
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The State Of ln—r `-s
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Of t tY r
Before
Before Me--'� on this day personally appeared
(not ry (appli
known to me (or �pv,,w tOf#n on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged `qA' f pqg eE ts4�,d the same for the purposes and considers ion therein expressed.
(Seal) Giver$jnoi"rmtk d.'seal�1 office this day of A.D. o�-CJC.J
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•to And For State O
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Print Property Aptp�i Property Owner's Signature:
The State Of
County Of l� �t..�C._ +
Before Me on this day personally appeared —_
(notary) (props new)�-t
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 consider ion therein expressed.
(Seal) Given under my �MAANAF*Jpffrce this 75— day of, A. D. Oe—wy '�
ota in And For State exas
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JUL Q 5 ?005
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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 for
conditional use or special use permit and acknowledge that all requirements of this
application have been met at the time of submittal.
Signature of Applicant
Date: p -5 --
Signature of Owner C-In
Date: 7—ZZL",J
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Gourmet Concepts
Conditional Use Application
Proposed Conditional use description
Gourmet Concepts sells cheeses from all over the world in its shop for consumers to take
home or to eat in. When eating in, not only do consumers have the opportunity to
purchase various cheeses and cheese boards, they have the ability to purchase food
products made on the premises such as sandwiches, baked goods, soups and salads.
Additionally, we provide facilities that allow for group parties and special events.
Cheeses are historically a food item consumed with wines. Because wines complement
the tastes of cheese products, we propose a Condition Use for the purpose of offering our
customers, individuals and parties the opportunity to consume wines on site with there
meals. Additionally, because we sell cheese in bulk form to consumers, we also are
applying for a Conditional Use to sell bottles of wine to consumers on a take-out basis.
This would afford our customers the opportunity to enjoy their wine and cheese products
at their residence.
We believe offering wine to consumers for sit down enjoyment with their meals on our
premises or for the purpose of take out to their residence, would improve the experience
and thus result in additional sales and repeat business that would not otherwise be
available. Simply said, consumers tend to purchase cheese products when there is an
opportunity to experience them in a wine country setting. Such a setting can only be
achieved, and thus the success of our business, through the ability to offer wine for
consumption.
The combination of our gourmet food shop offering for sale international cheese products
and wine offerings of local and internationally known vineyards, in our opinion would
increase the value of the current and surrounding sites. We believe this is possible
because of the value added experience this would offer to our customers and the
additional spending visitors to the Grapevine Historic District would incur. We believe
no harm will come to surrounding properties on Main Street, but would actually increase
the value, as we are the only such shop to offer this combination of specialty food and
beverage consumption. Furthermore, we believe to insure the success of our business, we
must have the ability to offer wine for consumption on our premises.
W- •
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 CU05-48 FOR THE
POSSESSION, STORAGE, RETAIL SALE AND ON- AND
OFF -PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A
RESTAURANT, IN A DISTRICT ZONED "CBD" CENTRAL
BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE
PLAN APPROVED PURSUANT TO SECTION 47 OF
ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS,
RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CLAUSE RELATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INTERESTS, MORALS
AND GENERAL WELFARE DEMAND THE ISSUANCE OF
THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED UPON EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning Commission of the City
of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of
Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been
complied with, the case having come before the City Council of the City of Grapevine,
Texas, after all legal notices requirements, conditions and prerequisites having been
complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as
to whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately surrounding
the site; safety from fire hazards and measures for fire control; protection of adjacent
property from flood or water damages, noise producing elements, and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting, and types of signs and relation of signs to traffic control
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. NO. 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 No. CU05-48 to allow for the possession, storage, retail
sale and on- and off -premise consumption of alcoholic beverages (wine only) in
conjunction with a restaurant, in a district zoned "CBD" Central Business District, within the
following described property: Lots 5 and 6, Block 18, City of Grapevine (413 South Main
Street), all in accordance with a site plan approved pursuant to Section 47 of Ordinance
No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions,
restrictions, and safeguards imposed herein, including but not limited to the following:
None.
Section 2. The City Manager is hereby directed to amend the official zoning map
of the City of Grapevine, Texas, to reflect the herein conditional use permit.
Section 3. That in all other respects the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City
of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Section 5. This ordinance shall be cumulative of all other ordinances of the City
of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances which are in
direct conflict with the provisions of this ordinance.
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. 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 August, 2005.
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
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