HomeMy WebLinkAboutItem 06 - CU04-25 Off the Vine CC, ITEM # 3 �
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER / l/
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: AUGUST 17, 2004
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE REQUEST CU04-25
I 1 I
-- ---------- --1 fi �--
Grapevine ore APPLICANT: Beckley Flookes
j � Lake
1 Hd I
I I
LH.1635 PROPERTY LOCATION AND SIZE:
Northwes 1
,tl
mood, 5 The subject property is located at 322 South Main
5 Street and is platted as Lot 13A, Block 2, City of
o 3 Grapevine.
1 Hall-Johnson ti� Airport Y I
L so o_ I
—I m
LJ
_m
Glade Rd. d j —
O
c
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow the possession, storage retail
sale, and on-premise consumption of alcoholic beverages (beer, wine and mixed
beverages) in conjunction with a restaurant
The applicant proposes to finish out the lease space at the subject location as a 30-seat
restaurant with on-premise alcoholic beverage sales. It is the applicant's intent to become
a Texas winery and she is going through the licensing process at this time. There will be
no joint access between the current Off the Vine retail shop and the proposed restaurant.
See the attached letter.
PRESENT ZONING AND USE:
The property is currently zoned "CBD" Central Business District and is developed as a two
story structure. The subject lease space is under renovation.
0:\ZCU\CU04-25.4 1 August 10,2004(7:57AM)
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding properties to the north, south, east and west were zoned "C-
2" Community Business District prior to the 1984 City Rezoning.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District—Off the Vine
SOUTH: "CBD" Central Business District—Messina's
EAST: "CBD" Central Business District—various retail shops
WEST: "CBD" Central Business District—Barton Street, House of Colors
AIRPORT IMPACT:
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\CU04-25.4 2 August 10,2004(7:57AM)
:.
do
30 AC
Cj
:i , .
30 AC
•�i
W PT
25
TR
CBD
.. � %
.
AC
PT 23
0?00 WAO
.� Af
ON
CBD
Wo
I inch
1 �
equals
"M
J U L. 0 8 2004
Per.............
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A»
PART 1.APPLICANT INFORMATION
Name of applicant!agent:
�.
a
SUeet address of applicant(09SM
City/State/Zip Code orappticant l agent _
� - G4�i�—V\ � _ _`7
Tetephon nu ofni 1 agent: Fax umber of applicant/agent
_341
Applkanrs interest in subject property.,
PART 2.PROPERTY INFORMATION
Street address of subject t property
am - Ck Y\-
Legal description of subject property(metes&bound$must tee described on 81/2"x 11"sheet)
,u Sire or subject property
Acres _ S are fret
Present zoning classification: Proposed use ar the property:
� S
Minimum/maximum district size for conditionaf use request
Zoning ordinance provision requiring a conditional use:
PART 3.PROPERTY OWNER INFORMATION
Name of current property
t C�
Street address of property owner.
City/State/Zip Code of property owner.
Telephone number of property owner: Fax number of property owner,
I? �, �(-) �
fl Submit a letter 'bung the proposed conditional use and note the request on the site plan docurr�nt
In the same to . >describe or show on€he site plan,and conditional requirements or condbms unposed upon the particular conditional use by
appticabl,dlst regulatfa»s(example:buffer yards,distance between users)
Q in the same(offer,desCnbe whether the proposed Conditional use wit#,or Wiff not cause substantial harm to the value.use,or enjoyrrrent of other,
propeq In Ure neighborhood. Also,describe how the proposed contk€ional use will add to the vatuer use or enjoyment of other property
i the
neighborhood.
C! Apprrration of site plan approval(Section 47,see attached Form'87
Q The site plan subtniSsion slim(meet the re uimments of.Section 47,Ske Plan Requirements- 2
Jun 11 04 03:09p DEVELOPMENT SERVICES 9174103018 P• 3
J,U L 0 8 2004
O /Nf oondlHo",usa and con(fWnaf use appltcetions are assumed to ,na be scheNdafufedio and ra tafo an zha spends fo JiAAtifro. ..
the discratkn of the staff. eased urt the she of the spends•You eppl y
❑ All pablrr.r,uanrings aw,7t be opened and testimony ptvsn by apoBcants and intameted aftizenrY. Pubic hogniVs may be oon8nued to fhs rwxt public
hearing. Pubic hearings*W not be tabled. roved by CVO Any changes to a aft pFan(no matter how r&or or rwjor)approved with a condWonai use or cnndf kmi use permit can only be app
council through the PuWk hearinp ploasxs
o f have mad enef rrnderdand aft the maullements w 80t fotih by(ha appAaaNen for Cortditionoi!f va:v aond7Npnat u4e permit and acknowredpe that
all ro ufrements of this apjftatLon have bean mot at the time of submlttei.
PART 4.SIGNATURE TO ANT HE SU8.1 N PROPERTY
E REQUEST AND PLACE A CONDITIONAL USE
REQUEST SIGN O
� ! - wyrutcmrcn v tvrw .. —
Print Applicant' Name:
7ha 5tete Of
County Of �/rh
(3atbra Ma (1r xAla �� :mid-P. ~>!_:. _....on this day persenany appaemd„
r��r'1
pvr►wntl
knowwn tQ, �i NT -,6v the oeth of card or other document)to be the parson whose name is aubsenbed to the fetegointg instrument and
"Wm#for the aurpaees and conjWe Hon thtt O exptrssaed.
(Sa�n�®ettQ der da&SN&f0mvthits�.QaY� f.�•�Yt�a---- A.A.
i4 s?q d� we° ► —
e VOL
An or State Of
Prtnr#rWa►ty Orareta mme, f�rapertY Ormef's s� r,9ture:
County of / 1 LE r 1
sage t 151 � 3 f an trt day penMaW appeared
Gary)
known to me(or prowad b me on the oath of card or other document)tb be the person whose name is subscribed to iha foregoing instrument and
ooknorvledged to ma that he 9xr`rr4ed the s9l"for the pttfponw and consideration therein expressed- ZU�
(Soso Given-unowpV hand end seal of office this ARY Of ( '.,
Aa
:=o.•.....°%c: LlSAROBIN ��--fit/
` " MY CG%1MISSIQN EXPIRES
August 28,2005 Notaty to And For State Of Texas
3
rn ^nH f �1AITn -n i in rn, ,r-�+,r Tn r�.•rr ann� rn� rnn
Jun 11 04 03x10p DEYEEOPMEKT SERVICES 8174103018 P. 6
JUL 0 8 2004
Per.............
A2KNo1N£EDGENENT
All Conditional Use and Special Use Applications are assumed� be complete when fried and
will be placed on the agenda for public hearing at the discretion of the stag Eased 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 Commiu on 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 flees. The application,
along with the required filing fee may be resubmit4ed any time thereafter for reconsideration.
Delays in scheduling applications befvre the Planning and toning Commission and City
Council created by city staff shall not be considered a part of the four month period
1 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: o
Signature of owner
Date. _ z _ �) q
s
in -rru -fit T n � 11 � rn 1 1 T7a.J Tn (^i. TT J..nn� Jn7 Jnn
AUG 0 9 2004
August 9, 2004 Per.............
Mr. Ron Stombaugh
City of Grapevine
Grapevine, Texas 76051
Mr. Stombaugh,
We are in the process of becoming licensed to be a Texas winery and are
excited about the opportunity to add a tasting room to the Main Street mix.
In order to generate revenue in the meantime, we are opening Into the Glass at
322 S. Main. It is intended to be a wine bar, however, we understand that in
Grapevine it is required that our sales ratio be 50/50 alcohol to food. So we'll
open as a cafe, with a lunch and dinner menu.
We appreciate the assistance you've given us so far and look forward to ,
completing this project with you.
Sincerely, F HE INE
Purveyors
Becky Flookes of Wine,
Off The Vine, Inc.
817.421.1091 Gourmet Foods
and Gifts
324 South Main St.
Grapevine,TX 76oSi
817.421`';-�,l
817.416.0329 Fax
vrv,w.offthevinetexas.com
email us at otvgrape@aoLcom
i
<<w, File AUG9 2004
OFF
THE VINEPer... ...
WRITTEN COMMENTS MUST BE RECEIVEi1D:2 (TH S OFFICE NO LATER
THAN 5 PM ON MONDAYA,UGtist71,6;�204
Procedure to Respond
As (a Property Owner within 200 feet:of.-the subjed tradt)'or (an interested citizen), I
(approve)(protest)and/or(have the followingFZ
sunrpens)
s
Print Name and Address, or Lot, Block and:Sirbdi.iision
Siignature, {Phone No.}
Telephone: (817)4104155 . .
Direct questions and m dl-:."A onuses to.
Plannlnjj.,80prdt-:s"
Department of bevelopmarnt:Ser�i 6s
City of Grapevine .
P.O.'8Cax.9.5104,
Grapevine, Teka6:760.l $
ORDINANCE NO.
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 CU04-25 TO
ALLOW 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 "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
n
l
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 CU04-25 to allow 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 "CBD" Central Business District within the
following described property: Lot 13A, Block 2, City of Grapevine (322 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.
ORD. NO. 3
C
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 17th day of August, 2004.
APPROVED:
s
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
Z
0
LY. DRAWN
�y
O
.d
.'�0
W ~
�. Z
0 0
0~
Z�
J °
4c ,
a_a. a-�o' a•-a' -eo' u'-< �o-o' 2-�0 ee_x- ram' �� '
TW
a �
I _
P 41
6�
a �
O �
Qa JUL 8 8 2004 a
t?
Per............. a
TOTAL SQUARE FOOTAGE= Y65 50.FT,
AREA OF KNE SALE5= 45&50.FT. J
AREA OF WINE 5ERVICE_ 56 50.1=T.
AREA OF WINE STORAGE= 155 50.FT. V
CASE NAME:OFF THE VINE CAFE
DINING ROOM SEATING= 30 SEATS CAFE CU04-XX
LOCATIOK 522 S. MAIN 5T.
6RAPEVINE, TEXA5 "I605I ONO
5
MAYOR SECRETARY mo
AREA OF WINE SALE5 DATE S
;R LICEN5ING PLAN Fl RAN"AND ZONING COMMISSION � DATE
7/6/04
CHA RMAN
AREA OF WINE SERVICE PROJECT
DATE 04611
_USE REO.UE5T GU04-xx 15 "ET: of
'oR A RESTAURANT WITH a SHEET NUMBER
NON,STORAGE,RETAIL SALE AREA OF MANE STORAGE APPROVAL DOES NOT AUTHORIZE ANY WORK
M MPTION MISS 0444 of IN CONFLICT WTTH ANY CODES OR
9EVERAs. ORDNANCES
DEPARTMENT OF DEVELOPMENT SERVICES _