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HomeMy WebLinkAboutItem 01 - CU05-62 & PD05-06 Lone Star Wine CellarsCC, r1 (o zt4 fs TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER OV-- H.T. HARDY, ASSISTANT CITY MANAGER /� MEETING DATE: DECEMBER 20, 2005 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU05-62 AND PLANNED DEVELOPMENT OVERLAY PD05-06 .l M APPLICANT: Gary Konke PROPERTY LOCATION AND SIZE: The subject property is located at 201 East Franklin Street and is platted as Lots Al and 1A2, City of Grapevine. The site contains approximately 16,500 square feet and has 110 feet of frontage along Franklin Street, and 150 feet of frontage along Jenkins Street. REQUESTED CONDITIONAL USE, PLANNED DEVELOPMENT OVERLAY 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 winery. The applicant is also requesting a planned development overlay to waive the 70 percent masonry requirement for the existing metal building. The applicant intends to operate a winery (Lone Star Winery) in an existing metal building located at the northeast corner of Franklin Street and Jenkins Street and will be occupying approximately 3,000 square feet of the 8,876 square foot building. This is an existing metal building and the applicant is also requesting a planned development overlay to waive the entire 70 percent masonry requirement; however, the building will be entirely repainted. 0:\ZCU\CU05-62.4 & PD05-06 I December 15, 2005 (10:48AM) PRESENT ZONING AND USE: The property is zoned "CBD" Central Business District and is developed with an unoccupied metal building. 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. 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—Esparza's restaurant 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. /rs 0AZCU\CU0"2.4 & PD05-06 2 December 13, 2005 (7:07AM) mhw �Aft Nov 07 05 02:29p Konke/Lonestar 9725402769 p.2 NOV 1 4 2005 Per. 1tCHDN\VOL11DATAICOM MDEV%ZCU\FORMStapp.cu.doe www.cLgrape*Arbe.bc.us e Ivr CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form «A" PART 9. APPLICANT INFORMATION Name of applicanj/nt, street address of applicant /agent (I -S cve£-Ek City/State/Zip Code of applicant/agent: ITX65 -76-0'70 Telephone number of applicant /agent: Fax number of appficanilagerrt 7a Sa 18�.x EMU address ofappfrcarWagent Mobft phone nomberofappflcantlagent 7a X61 70 ,<�G 'cants interest in subject property PART 2. PROPERTY INFORMATION Stn3et address of subject property �t1* Legal description of subject property (metes & bounds must be described on 8 i/2"x 1 1"sheet) Size of subject property acres L&ni Soo Q e c� ' aare foots Present zoning classification: Proposed use of the properly: ML"e Minimum /maximum djstnd size forconr5fiona/ use request: Zoning ordinance provision ►squiring a con6tidnal use. PART 3. PROPERTY OWNER INFORMATION Name of currant property owner. 1 Street address of property owner moo eetJvt ,* �� �yz 1�,�s T Cny / State /zip Code of property owner- T)PWAS Co Telephone number of property owner. c:V v- 36 / - Fax number of property owner- �2t -- - l'M6 1tCHDN\VOL11DATAICOM MDEV%ZCU\FORMStapp.cu.doe www.cLgrape*Arbe.bc.us Nov 07 05 02:29p Konke/-onestar 9725402769 _ NV 1 45 p i ecc��sot.eeaou ❑ 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 orcon ditfons Imposed upon the particular coadtfonal use by apprcabfe district regulations (example: buffer yards, distance between users) ❑ In the same letter, describe whether the proposed condrTional use watt, or win not cause substantfai harm to the value, use, orenjoynwnt of other property in the neighborhood. Also, describe how the proposed conditnai use wilt add to the value, use or enjoyment of other properly in the neighborhood ❑ Appfiwtion of site plan approval (Section 47, see attached Form '87. ❑ The site plan submission shall meet the nrgubaments ofSectivn 47, Stfe Plan Regccirements. O All conditional use and conditional use appikabons are assumed to be complete when fled 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 maybe scheduled to a later date. O All public hearings wilf be opened and testimony given by applicants and Wemsted clizenry. Public hearings maybe continued to the next public hearing. Public hearings wiN not be tabl&d ❑ Any changes to a silo plan (ro mafterhow mincrermajor) approved with a conditional use or conditional use permit can a* be approved by city council through the public hearing process. ❑ 1 have read and understand alt the requirements as set forth by the appJr"c ation for conditional use or conMonal use permit and acknowledge that aH rgqubaments of this aoolkatiorr have been met at the tone of submittal. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A REQUEST SIGN ON THE SUBJECT PROPERTY Lo S-�Ai2 U 10t COAAS Z.. PrfntApplicant's Name: The State Of. Z r S County Of 0-6 Before nde_\� , dro -'� e ,^S on thfS day personally appeared Gt ! /f. P� (notary) (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 in&Ah1*n1 and acknowledged to me that he executed the same for the purposes and consideration /therein expressed. (Seal) Given undermy hand and seat of otffce this_ day of /dAD. O. 2,51'0 SANDRA B0vv RS i < < j•� V 'ubfiC voter Gii� Cti/ a to of Te):3sofary in And For State Of Te Y 4J I MA10 Sf FZT vt;,� Print Property Owners Name. Property Owner's Signature: y The State Of 71-91 r$ county0l Bek" Me —�c ,� j . /t' ,��rrry on this day personally appeared ISA 7 Fief 'T4 L z t %� (mealy) (Properly 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 forwing instrument and acknowledged to me that he executed the same forth& purposes and consideration therein expressed. (Sealy Given under my hand and seat of office this SP r1 day of i'VO ✓UMS'CX- A p. SUSAN J. NORMAN Not ary Public, State of Texas My Commission Expires Notary In And' For State Of Texas December 19, 2007 11CHDMVOL1U3ATAICOMMDE\AZCU1FORMS43pp.cuAoc 3 www.ci.gmpevine. tx,us Nov 07 05 02:29p Konke/Lonestar 9725402769 p.6 CUQS 6,Q NOV 1 4x'005 J e cCcG.c:;wc Gl^G 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 Toning 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 riling 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. l' 7,o 5 Signature of Owner Date: &- • 7 • 05" z0"Jir ,(� \iCHDNIVOL IXDATAICOMNOEV%ZCULWORMSiapp.cu.doc www.cLgrapevine.tx.us -1 CU05-----ur a NOV 1 4 2005 Per...... P RddP.'.Q t oo-t W" Ltd: 804 Hills Creek Drive McKinney, Texas 75070 972-529-6418 / Fax: 972-540-2769 Mr. Tommy Hardy November 7, 2005 Director of Development Services City of Grapevine 200 South Main Street Grapevine, TX 76051 Mr. Hardy: This letter is in regard to your request on background information for Lone Star Wine Cellars. As you are aware, Lone Star Wine Cellars has signed a lease to locate in downtown Grapevine. The address is 201 East Franklin. Lone Star Wine Cellars is comprised of three individuals: Gary Konke, Ron Ross, and John Wales. There are three Texas wineries in the partnership. John Wales has what is perhaps the 12`h largest winery (Wales Manor) in the state of Texas located in McKinney's ETJ. Ron Ross owns Triple "R" Ranch Winery in Dexter, Texas. The three partners own Lone Star Wine Cellars in McKinney, Texas. The Grapevine location of Lone Star Wine Cellars will be a fully bonded winery, we plan to sell wine and gift related items. The bulk of the wine will be manufactured at Wales Manor and the Triple R Ranch. The following principal retail activities will be available within the Downtown Grapevine location of Lone Star Wine Cellars: • Wine sales for off -premise consumption • Wine tasting for on -premise consumption • Wine blending and bottling by our clientele • Special Events and Festivals (a Crush if possible) • Food Items (Salads & Appetizers) • Sales of wine and gift related items Lone Star Wine Cellars is currently in the application process with the Federal Alcohol and Tobacco Tax Trade Bureau (TTB) and the Texas Alcohol Beverage Commission (TABC). The application process, we hope, should be completed and permits issued during the month of March 2006. (We would like to move that up some how) Our plans to open in Grapevine will -t- occur upon Federal and State approval and satisfying any City requirements to obtain our Conditional Use Permit. We would appreciate any support that you may offer in our making the approval process move as quick as possible. We are excited about the future of Lone Star Wine Cellars being located in the Grapevine. We believe that our location "Just off Main Street" in the Downtown Central Business District will have positive benefits (added revenue) for existing merchants and the City of Grapevine as a whole. Should you require additional information, have questions regarding this matter or have specific requirements, please do not hesitate to contact us. The contact person will be Gary at 972-569- 7086. Sincerely, Gary A. Konk General Manager Lone Star Wine Cellars, LLC Attachments: Conditional Use Application Form A Conditional Use Application Form B Site Plan Interior Layout Landscape Elevations Equipment Probable Menu Items Building Colors (discussed with D. Klempin) -2- NOY 14 2005 Per— ..... �cm.m.a Cheese & Olive Plate: Gouda, Bleu Cheese Brie, Swiss, Cheddar, Sharp Ricotta Olives (must be in olive oil) Strawberries or (pears, grapes) Crackers, or Breadsticks Dinuina Oil for Bread M breadsticks) Chopped carrots Chopped celery Olive oil Garlic Salt Pepper * *Spices (various) Bruschetta, **With tomatoes (fresh) garlic, & basil (fresh) With cheese, pepperoni (like a mini pizza) With cheese & artichokes With fajita chicken & fresh mozzarella With black olives, feta cheese, red onion (Greek) With crab, fresh garlic, fresh parmesan (?) We will buy bread, chicken, crab all pre cooked. It will be run thru the broiler oven to heat if on Brushettas. (see attached) * * Denotes House Specialty NOV f 4 20-05 Per,,,. oc¢c.cc.v Crab Din (sprinkle with fresh parsley) Served with bread, various crackers, breadsticks Sweet Plate Bite size: Slice of chocolate cake Pecan tart Vanilla brownie (drizzle chocolate and caramel sauce on plate) Fruit Plate Piece of pound cake Strawberries Grapes Pears Salads [Dressings: Various, Ranch, Greek, etc.] Garden salad (tomatoes, carrots, cheese, mixed greens Chicken fajita salad **Cheese, artichoke salad, (mozzarella) Antipasto Crab salad OV 1 4 2005 L0014 SU4 W44 Ctl&" � G 441: �':r •::. G•.G &'4C1','Y:. E.. ! Cheese & Cracker Favorites $6.50 Choice of Cheese: Choice of Crackers: Gouda Flatbread Mild Cheddar Sesame Sharp Plain Swiss Cracked Pepper Brie Goes with......... Wines: • A J Supreme Three Cheeses & Three Crackers with fruit $11.50 • Blue Cheese $7.50 Choice of crackers • Spicy Crab Dip & Crackers $8.00 f Salmon Wheels w/ crackers $8.00 • Bread & Dipping Oil $7.50 . _ Tuscan -style bread with a House blend of seasonings or t a minced vegetable mix served with extra virgin olive oil Couples Night Out Heavenly - two glasses of Port w/chocolates $17.00 J Deluxe - two glasses of Port wBlue Cheese & Walnuts $17.00 1 1 Western Classic - two glasses of Shiraz w/ Spicey Crab Dip $18.50 1 Southern Charm - two glasses of Viognier w/ Spicy Crab Dip $18.50 Sweetness - two glasses of Muscat Canelli w/ Chocolate $12.50 To Die For - two glasses of your favoite Red Wine & a piece of Chocolate Cake to share. $4.00 plus Wine Munchees Mixed Nuts $2.50 Chocolates $4.50 Chocolate Cake $4.00 Chips & Salsa $4.00 Drinks Winearitas $5.50 Coca Cola $1.50 Bottled Water $1.00 Winearita Thursdays 4pm-7-pm Chocolate Wednesdays Free chips & Salsa Free - Something Chocolate w/ purchase of glass of Wine or Winearita CUoS-6�L Did• 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 CU05-62 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINERY, 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. CU05-62 for the possession, storage, retail sale and on- and off -premise consumption of alcoholic beverages (wine only) in conjunction with a winery (Lone Star Wine Cellars), within the following described property: Lots Al & 1A2, City of Grapevine (201 East Franklin 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 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. ORD. NO. 3 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 20th day of December, 2005. F.M110010-W403 ATTEST: "M 9.001TIA ONTANS 00 e ORD. NO. 4 P V 0,5 - 0 (0 JU.. AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD05-06 TO WAIVE THE SEVENTY PERCENT MASONRY REQUIREMENT FOR AN EXISTING BUILDING 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 PLANNED DEVELOPMENT OVERLAY 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 planned development overlay 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 planned development overlay 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 planned development overlay 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 41 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 planned development overlay, 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 planned development overlay 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 planned development overlay 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 planned development overlay 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 planned development overlay in accordance with Section 41 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 Planned Development Overlay No. PD05-06 to waive the seventy percent masonry requirement for an existing building, within the following described property: Lots Al, and 1A2, City of Grapevine (201 East Franklin Street, Lone Star Wine Cellars) 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 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. ORD. NO. 3 Section 7. Any person violating any of the provisions of this ordinance shall be w. 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 20th day of December, 2005. ATTEST: ORD. NO. 4 Gera! Notes I- THE PROPERTY 15 CURRENTLY .ZONED 'CBD' CENTRAL BUSINESS DISTRICT. 2. THE CURRENT LAND USE DESIGNATION AS CONTAINED IN THE COMPREHENSIVE MASTER PLAN IS COMMERCIAL BUSINESS, 3. ALL REQUIREMENTS OF SECTION 28, CENTRAL BUSINESS DISTRICT SHALL BE MET, 4. ALL REQUIREMENTS OF SECTION 53, LANDSCAPING REGULATIONS SHALL BE MET, 5. ALL REQUIREMENT'S OF SECTION 56, OFF-STREET PARKING REQUIREMENTS SHALL BE MET. b. ALL REQUIREMENTS OF SECTION 60, SIGN STANDARDS SHALL BE MET. 7. DURING THE PERIOD OF CONSTRUCTION, ALL THE REQUIRS IENTS. OF THE GRAPEVINE SOIL EROSION CONTROL ORDINANCE SHALL BE MET. 8. ALL DUMPSTERS 544ALL BE SCREENED IN ACCORDANCE WITH SECTION 50.6.3. SECTION 50.83. REQUIRES ALL SOLID REFUSE DUMPSTER8 TO BE VISUALLY SCREENED BY SOLID WOOD FENCE OR WALL ONE FOOT ABOVE THE REFUSE DUMPSTER NOT TO EXCEED 8 FEET IN HEIGHT ON ALL SIDES (EXCEPT THE SIDE. USED FOR GARBAGE PICKUP). SUCH SIDES SHALL NOT BE REQUIRED TO BE SCREENED UNLESS THE SERVICE SIDE OF THE REFUSE STORAGE AREA 15 VISIBLE FROM A RESIDENTIALLY ZONED DISTRICT. 9. ALL LIGHTING MUST COMPLY WITH SECTION 55 OF THE GRAPEVINE ZONING ORDINANCE. LIGHTING ELEMENTS MUST NOT BE VISIBLE FROM A POINT FIVE (5) FEET ABOVE GROUND, MEASURED AT ALL PROPERTY LINES.. PHYSICAL TESTINGOF' tLLUMINATION LEVELS MUST BE PERFORMED TO VERIFY COMPLIANCE WITH PHOTOMETRIC STUDY. DOCUMENTATION SHALL BE, SUBMITTED TO THE BUILDING DEPARTMENT. NO OCCUPANCY, INCLUDING TEMPORARY OCCUPANCY WILL BE PERMITTED UNTIL THE ABOVE REQUIREMENTS ARE MET. 10. ALL PARKING FOR DISABLED PERSONS SHALL BE DESIGNATED ACCORDING TO CHAPTER 23, SECTION 23.6 THROUGH 24.69 OF THE- GRAPEVINE. CODE. OF ORDINANCE SHALL BE. MET, THIS DESIGNATION IS THE BLUE .HANDICAPPED SIGN REQUIREMENT, IL ALL PUBLIC UTILITIES SHALL BE PLACED UNDERGROUND. 12. THE MINIMUM RADIUS FOR ALL DRIVEWAY ENTRANCES SHALL BE 25'-0'- 13. ALL DRIVEWAYS ARE TO BE A MINIMUM OF 25'-W WIDE. 14. ALL NEW CONCRETE PAVING REQUIRED FOR OFF STREET PARKING, LOADING, DRIVES, VEHICLE (AUTOS, TRUCKS, TRAILERS, BOATS, ETC.), SALES, DISPLAY AREA AND OUTSIDE STORAGE AREAS SHALL BE PAVED TO A MINIMUM STANDARD OF 4' THICK 3000 PSI CONCRETE SLAB WITH 6'x6'xb GAGE MESH WIRE. Conditional Use Request CU05-62 is a request to allow the possession, storage, retail sale and on- and off -premise µonsumption of alcoholic beverages (wine only) in conjunction with a winery. Planned Development Overlay PD05-06 is a request to waive the 70 percent masonry requirement for an existing metal building. u W1%jn5�bt I;Iv�l 10061t`! Location Map ®% 02 13 REPAINT EXISTING PAVING TO ACCOMMODATE NEW PARKING AS REQURIED. PLANT CONTAINERS 1 TREE YAUPON AND 8 BIG BLUE LIRIOPE IN EACH. (4 TREE YAUPON AND 32 BIG BLUE LIRIOPE TOTAL. HeYi6LVE �Am FRANKLIN STREET 07 Site Plan / Floor Plan 0 4 a 16 Aft / I to Im Mme/ CmW 2141 Wdlowood Drive SITE PLAN GIFT__ 'Texan 76051 )TY OF GRAPEVINE TO(t 7)4"21 APPROVED r.(817)48"101 aww.tlKmetli>Iccamgroigl.na Case Number: Case Names Lane Star Wile Cedars Case Address: 201' E Frat*M Street Lo Made AdrriOm from Al arld 1R Noak 32, City of CGapM* Sheet Nac 1 of 3 (214) 474-1812 DATE 11/14/2064 SHEET OF PRWECT # 2605-68 �W. O M, Sa•11P SXS Gw s�1'K. t-. 5 .s5 fl _ U'TU Rs EsA dTiWWC b 2>C A � V J K1 rCN �roxrr tt- 49 es c !' LU fl 2' cc u LL as ri G pAT i o h Z U. — iR r ° _ z Z LL .. � 00 CL< c L 0 x2tG'TPt� 15x,y `F— v , W V2 -WALL d a r�-x'62 DFC. BX,4T 18 NL .. Exe.1PIM 8 PROPOSED FLOOR PLAN AREAS BATTEN SCALE. i /8 - i -0" TOTAL LEASE AREA: 3000 S.F. ARCHITECTS WYUE, TEXAS (214) 474-1812 DATE 11/14/2064 SHEET OF PRWECT # 2605-68 E NEW CANOPY 01 West Exterior Elevation „8-_ 1.0, ENTIRE BUILDING TO B/ REPAMIED, COLORS NO ADDITIONAL NODIFICATION5 5ELECTED BY OWNER. REQUIRED ON TH15 SIDE OF BUILDING 02 East Exterior Elevation /8�_,-0, CANOPY POTS WITH TWO (2) 12'—O WIDE PULL—DOWN GATE- North Exterior Elevation 04 South Exterior Elevation 8 = ._o.. /itt+ m/mft/ 2141 W I.—d D SITE PLAN CITY OF GRAPEVINE APPROVED SHEET OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES APPROVED BY PLANNER DATE IRE BUILDING TO BE 'AINTED, COLORS ECTED BY OWNER. nve � Grnpevi , Ta 76051 TO(817)488-4321 Pau (817) 48&8101 www.thran:fiitectaregwp.ne, LATE: Nov, 14, 205 INLET Mt, Elevations Case Number. Case Names Lone Star Wirie Cellars A-2 Case Address: 201 E Franklin Street WdBk)ck, Addition lots Al and 1A2, Block 32, City of Grapevine Sheet Na 3 of 3 of ME