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HomeMy WebLinkAboutItem 12 - OG Wine Cellars Wine Tasting Room TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR, PLANNING SERVICES MEETING DATE: MAY 21, 2024 SUBJECT: PLANNING SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU24-18; OG WINE CELLARS WINE TASTING ROOM APPLICANT: Jim Sager – Transwestern Real Estate PROPERTY LOCATION AND SIZE: The subject property is located at 909 South Main Street, Suite 104 and is platted as Block 1, Lot 1, Hasten Addition. The subject property contains 5.519 acres and has approximately 440 feet of frontage along South Main Street, 391 feet of frontage along West Dallas Road and 554 feet of frontage along East Nash Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow the possession, storage, retail sale, and off-premise consumption of alcoholic beverages (wine only) and outdoor dining in conjunction with a wine-tasting room. The subject site is developed as a mixed-use development with residential and commercial uses. The applicant plans to divide the previous 4,985 square-foot DV8 salon Suite 100, into two separate suites. One of these suites, Suite 100, will remain a salon, occupying 2,222 square feet. The other suite, Suite 104, will become a proposed wine-tasting room called OG Wine Cellars, occupying 2,763 square feet. The development has a total of 602 parking spaces on site; 510 spaces in the five-level parking garage and 92 surface lot spaces. Required parking for OG Wine Cellars is 39 spaces which will be utilized between the garage and surface lot parking. CU24-18 1 PRESENT ZONING AND USE: The property is zoned “MXU”, Mixed Use District and contains a residential/commercial mixed-use development consisting of 20,200 square feet of ground floor retail in two separate buildings that have frontage on South Main Street (9,900 and 10,300 respectively) along with 251 apartment units, all served by a five-level parking garage containing 510 parking spaces. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned “C-2”, Community Business District prior to the 1984 City- wide Rezoning. A portion of the subject property and the adjacent property to the east was zoned “R-2”, Two-Family District and the properties to the north across Dallas Road and to the west and south were zoned “LI”, Light Industrial District prior to the 1984 City-wide Rezoning. The subject and surrounding properties were subsequently rezoned to “PO”, Professional Office District during the 1984 City-wide rezoning.  On July 17, 1994, City Council approved Z94-08 (Ord. 1994-56) to rezone 4.2 acres from “PO”, Professional Office District to “HCO”, Hotel Corporate Office District for the development of a bank.  On June 17, 1997, City Council also approved Z97-12 (Ord. 1997-60) to rezone 0.142 acre from “PO”, Professional Office District to “HCO”, Hotel Corporate Office District for the development of a bank/office tower.  On September 20, 2005, City Council approved Z05-10 (Ord. 2005-75) to rezone 5.5 acres from “HCO”, Hotel Corporate Office District and “LI”, Light Industrial District to “MXU”, Mixed Use District. This 5.5-acre property was developed as a mixed-use project containing 251 apartment units and 20,200 square feet of ground-floor retail lease space in two separate buildings that have frontage on South Main Street, all served by a five-level parking garage containing 510 parking spaces.  On October 16, 2007, City Council approved CU07-20 (Ord. 2007-56) and CU07- 21 (Ord. 2007-57) for on and off-premise consumption of beer and wine and outdoor dining in conjunction with a restaurant, Tastings in suites 109 and 110.  On December 12, 2007, the Site Plan Review Committee (SPRC), approved CU07- 40 and CU07-41 to allow modifications to the floor plan of the existing restaurant, Tastings, for a small catering counter in suites 109 and 110.  On October 19, 2010, City Council approved CU10-23 (Ord. 2010-58) to allow vinyl drop curtains to enclose the outdoor patio at the existing restaurant, Cork It, in suite 100. CU24-18 2  On April 15, 2014, City Council approved CU14-11 (Ord. 2014-21) to allow on and off-premise consumption of alcoholic beverage sales (beer, wine and mixed beverages), and outdoor dining in conjunction with a restaurant, Mac’s on Main.  On February 15, 2022, City Council approved CU22-08 (Ord. 2022-13) an expansion of the existing restaurant, Mac’s on Main in suite 110. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: “GU”, Governmental Use District – Grapevine Main and Hotel Vin SOUTH: “CN”, Neighborhood Commercial District and “GU”, Governmental Use District – MacDaddy’s and City of Grapevine Municipal Complex EAST: “PO”, Professional Office District within the Transit District Overlay for Condominiums – Grapevine Brownstones WEST: “CBD”, Central Business District – Prosperity Bank 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: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property as Commercial/ Mixed Use (C/ MU) land use. The applicant’s proposal is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: The City of Grapevine’s Thoroughfare Plan designates South Main Street as a Type C Minor Arterial with a minimum 80-foot right-of-way developed as four lanes with a center left turn lane. Dallas Road is designated as a Type C Minor Arterial with a minimum 80- foot right-of-way developed as four lanes with a center left turn lane. /ng CU24-18 3 SHIA BUSINE S S PARK 38447 HASTE N 17480 M & H 24524J ONE MA I N PLACE 31173 GRAPE V I N E MUNICI P A L COMPL E X 16072 ONE M A I N PLACE 31173 1.8986 @ 2.644 @ .583 @ 4.4708 @ 1 A A E DALLAS RD NASH ST TR 65A TR 1F1A 1R1 321 2 2R4 2R4 2 31 45 6 DALLA S ROAD 9166 2 GRAPE V I N E MAIN 16070C S M A I N S T OLD MA I N PLACE ADDN 31113 .305 ACTR 1F1A 1 1 2TR 19 TR 20A1 1.372 @ .154 @ .45 @ 4D 4C TR 65D 1.146 @ .716 @ 1.24 AC 5.511 @ TR 29 1 1 1A .5 AC.3 AC.488 AC TR 9TR 8TR 7 4.459 @ DALLAS ARE A R A P I D T R A N S I T [ D A R T ] DALLAS ARE A R A P I D T R A N S I T [ D A R T ] ORDINANCE 2017-068 ROW AB A N D O N M E N T .2056 @ GRAPEVINE STATION HOTEL PARKING GARAGE H1O1 GRAPE V I N E CITY O F 16060 53 5A MXUCBD GU LI LI CBD PO GU LI MU N I C I P A L W A Y S M A I N S T W DALLAS RD W NASH ST E NASH ST E DALLAS RD CU24-18; OG Wine Cellars Wine Tasting Room 909 South Main Street, Suite 104 0 75 150 225 300 Feet ² Date Prepared: 5/9/2024 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. SUBJECT PROPERTY Suite Tenant Use Area Ratio Required 100 Willow Sage Salon Salon 2,222 1/100 23 104 OG Cellars Restaurant 2,763 1/3 persons (116)39 107 Macs on Main Restaurant 5,100 1/3 persons (144)55 R215 TVG Capital Office 9,706 1/300 + 5 38 155 OG Cellars CU24-18 Tenant Mix - 909 S Main ORDINANCE NO. 2024-049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT CU24-18 TO ALLOW FOR THE POSSESSION, STORAGE, RETAIL SALE AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINE-TASTING ROOM AND OUTDOOR DINING FOR BLOCK 1, LOT 1, HASTEN ADDITION (909 SOUTH MAIN STREET, SUITE 104) IN A DISTRICT ZONED “MXU”, MIXED USE 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); 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 and 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. Ordinance No. 2024-049 2 CU24-18 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 CU24-18 to allow for the possession, storage, retail sale and off-premise consumption of alcoholic beverages (wine only) in conjunction with a wine-tasting room and outdoor dining (OG Wine Cellars Wine Tasting Room) in a district zoned “MXU”, Mixed Use District within the following described property: Lot 1, Block 1, Hasten Addition (909 South Main Street, Suite 104) 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 Ordinance No. 2024-049 3 CU24-18 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 21st day of May, 2024. APPROVED: ________________________________ William D. Tate Mayor ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney Ordinance No. 2024-049 4 CU24-18 MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: MAY 21, 2024 SUBJECT: AMENDMENTS TO CHAPTER 19, PLANNING OF THE CITY OF GRAPEVINE CODE OF ORDINANCES - PLANNING AND ZONING COMMISSION BYLAWS BACKGROUND: The Chair of the Planning and Zoning Commission (Commission) created a subcommittee during the Commission's workshop on August 1, 2023. The subcommittee discussed the amendment of the Commission's Bylaws. The Bylaws are written rules that define the purpose of the group, its membership requirements, officers, responsibilities, and more. The Commission's Bylaws were last updated in 1999. The subcommittee held three meetings on August 30, October 18, and November 8 to discuss the proposed amendments. Furthermore, on November 21, 2023, a joint workshop of the City Council and Commission was held to discuss the proposed amendments. During the workshop, the group had an opportunity to ask questions and points of clarification. Based on feedback from the group, the City Attorney revised the draft amendment after the joint workshop. The amendment to the bylaws is intended to streamline and improve the efficiency of the Planning and Zoning Commission's operations. By addressing any ambiguities or inconsistencies in the current bylaws, we can ensure that the Commission can effectively carry out its responsibilities transparently and fairly. This amendment to the bylaws will also provide an opportunity to incorporate best practices and lessons learned by the Planning and Zoning Commission. The Commission's Bylaws are Chapter 19, Planning of the City of Grapevine Code of Ordinances, and outside of Appendix D, Zoning Ordinance. AM23-03.4 1 ORDINANCE NO. 2024-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 19, PLANNING; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission is responsible for making recommendations to the City Council on matters related to land use, subdivisions, development, and zoning regulations; and WHEREAS, the City Council adopted Ordinance No. 82-70 on October 19, 1982 creating the original bylaws for the Planning and Zoning Commission; and WHEREAS, the City Council has amended the Commission’s bylaws with the adoption of Ordinance No. 90-43 on July 17, 1990 and Ordinance No. 92-23 on May 19, 1992; and WHEREAS, the current bylaws of the Planning and Zoning Commission do not adequately address certain procedural and operational aspects of the Commission's duties; and WHEREAS, it is in the best interest of the city to ensure that the Planning and Zoning Commission's bylaws are up to date and reflective of best practices in land use and zoning regulation; and WHEREAS, the City Council recognizes the need to amend the bylaws of the Planning and Zoning Commission in order to improve the efficiency and effectiveness of the commission's operations; and WHEREAS, the City Council has determined that amending the bylaws of the Planning and Zoning Commission will better serve the needs of the community and promote responsible and sustainable development; and WHEREAS, the City Council has the authority to amend the bylaws of the Planning and Zoning Commission in accordance with State and local laws; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code; and WHEREAS, the City Council has determined than amendment to the City of Grapevine Code of Ordinances Chapter 19, Planning, is in the best interest of the of the health, safety, and welfare of the City of Grapevine and the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 19, Planning, Article II. Planning and Zoning Commission, Division 1. Generally, and Division 2. Bylaws, is hereby repealed in its entirety, and shall be replaced to read as follows: “DIVISION 1. - BYLAWS Sec. 19-21. Created; appointment of members; terms. There is hereby created and established for the City a Planning and Zoning Commission, which shall be composed of seven (7) members and two (2) alternate members (first and second). Sec. 19-22. Purpose and Impact of the Planning and Zoning Commission. (a) The Planning and Zoning Commission is a vital link in the administration of the Comprehensive Master Plan of the City of Grapevine. The Comprehensive Master Plan consists of the Zoning Ordinance and its amendments (Appendix D), Subdivision Ordinance (Appendix B), Historic Preservation Ordinance (Appendix G), Thoroughfare Plan, and other ordinances which regulate the use of land. In its review and advisory function, the Planning and Zoning Commission is the custodian of the Comprehensive Master Plan. (b) The Planning and Zoning Commission is charged with monitoring the Comprehensive Master Plan and assuring it is up to date in its recommendations to the City Council regarding all zoning cases and plats for subdivisions. (c) The Planning and Zoning requirements as considered necessary to create a reasonable transition to and protection of adjacent property consistent with City ordinances. (d) Decisions and recommendations of the Planning and Zoning Commission showing a lack of continuity can render the Comprehensive Master Plan ineffective and create mistrust in the minds of citizens. Thorough study and wise recommendations make the Comprehensive Master Plan effective, stabilize and preserve property values, and produce confidence and support in the minds of citizens. Ordinance No. 2024-050 2 AM23-03 Sec. 19-23. Members of the Commission. The Planning and Zoning Commission shall be composed of seven (7) members, and the first and second alternate members. All members shall be resident citizens and qualified voters of the City. Regular members shall be appointed by the City Council to serve for terms of three (3) years and alternate members shall serve for one (1) year terms. The alternate members of the Planning and Zoning Commission shall meet with the Planning and Zoning Commission and serve in the place and with full power of a member in the absence of a member. Alternate members will be designated as first and second alternates and will rotate service in the place of an absent member to create an opportunity to prepare both alternates for future full-time service. All vacancies shall be filled for the unexpired term in the same manner as provided for the original appointments. All expired terms shall be filled for terms as provided for the original appointments and in the same manner. Members of the Planning and Zoning Commission may be removed by the consent of the City Council. The members of the Planning and Zoning Commission serve without compensation. Sec. 19-24. Organization. The Planning and Zoning Commission shall have the power to make rules, regulations, and bylaws for its own governance, which shall conform as nearly as possible with those governing City Council and same shall be subject to approval by the City Council. Such bylaws shall include, among other items, provisions for: (a) regular and special meetings, open to the public except where closed meetings are otherwise authorized by state law; (b) records of its proceedings, to be open for inspection by the public except where the withholding of records is otherwise authorized by state law; and (c) the holding of public hearings on its recommendations. Sec. 19-25. Powers and duties. The Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a Master Plan, as a whole or in parts, for the future development and redevelopment of the City; and shall have the power and it shall be its duty to maintain a Comprehensive Master Plan and Zoning Ordinance of the City in accordance with Chapter 211 of the Texas Local Government Code. The Planning and Zoning Commission shall perform such other duties as may be prescribed by ordinance, state law, or at the direction of the City Council. Other duties and responsibilities of the Planning and Zoning Commission include: (a) The Planning and Zoning Commission shall serve as an advisor to the City Council of Grapevine. Ordinance No. 2024-050 3 AM23-03 (b) It is the duty of the Planning and Zoning Commission to keep itself informed of trends and best practices in city planning and to make studies and recommendations to the City Council for plan improvements regarding matters which may seem beneficial and in the interest of the City. (c) The Planning and Zoning Commission shall recommend amendments to the Zoning Ordinance to the City Council when such amendments are needed because of changing conditions, new practices, changes in State law, or court decisions. Sec. 19-26. Officers and their duties. (a) The officers of the Planning and Zoning Commission shall be the chair and vice- chair. (b) The chair and vice-chair shall be elected annually at the organization meeting after their annual appointment as members of the Planning and Zoning Commission by the City Council. Nominations shall be made by the Planning and Zoning Commission membership and the election shall immediately follow. The candidate receiving a majority vote of the members present for the position for which they are nominated shall be declared elected and shall take office immediately. Upon request of a Planning and Zoning Commission member, election may be by ballot. (c) The chair will preside over all meetings of the Planning and Zoning Commission and have the duties normally conferred by parliamentary usage to such office. The chair shall have the privilege of discussing all matters before the Planning and Zoning Commission and voting thereon. The chair shall sign subdivision plats approved by the Planning and Zoning Commission and such other papers and documents as may be deemed necessary. The chair shall appoint all committees and may call special meetings of the Planning and Zoning Commission at the Chair’s sole discretion. The chair shall be responsible for the efficient and orderly transaction of the Planning and Zoning Commission's business. (d) The vice-chair shall perform the duties of the chair during their absence or inability to act. The vice-chair shall sign subdivision plats during the absence or inability of the chair. (e) The Planning Services Department shall keep the minutes and records of the Planning and Zoning Commission, provide copies of minutes to Planning and Zoning Commission members, attend to the correspondence of the Planning and Zoning Commission, and such other duties as are normally carried out by the Planning Services Department. It shall be the duty of the Planning Services Department to submit to the Planning and Zoning Commission the minutes of the previous meeting so that the same may be corrected, if necessary, to reflect fairly accurately the proceedings heard at the last meeting and said minutes shall not be Ordinance No. 2024-050 4 AM23-03 official until they are adopted by a majority vote of the Planning and Zoning Commission. Sec. 19-27. Meetings. (a) Attendance. Each Planning and Zoning Commission member is expected to attend every meeting. Members must attend ready and able to focus on the meeting agenda and unencumbered by supervisory responsibilities. All members must inform the chair and the Planning Services Director if they expect to be absent from a particular meeting, giving the reason for their absence. The chair of the Planning and Zoning Commission shall inform the City Council of excessive absences. (b) Joint meetings with the City Council. All public hearings concerned with proposed zoning changes shall be joint hearings between the Planning and Zoning Commission and the City Council. Whether a hearing will be held jointly with the Planning and Zoning Commission shall be determined by the City Council by resolution at the time the application is presented, and the determination shall be so stated in all notices of said hearing. (c) Date, time, location and number of cases. Regular meetings shall be held on the third Tuesday of each month in the Council Chambers of the City Hall, unless otherwise determined by the Planning and Zoning Commission or City Council. The Planning and Zoning Commission shall consider no more than eight (8) zoning cases per meeting unless allowed by the chair in consultation with the Planning Services Department, based on the complexity of the cases. If an unusually large number of zoning cases should occur, the City Council may schedule an additional meeting concurrently with the Planning and Zoning Commission and Planning Services Department. (d) Special meetings. Special meetings for any purpose may be held: (1) on the call of the chair in consultation with Planning Services staff; or (2) upon request of a majority of the members at any previous meeting in consultation with Planning Services staff. Whoever calls the meeting shall set the time and place in consultation with the Planning Services Director. (e) Tri-annual meetings. Three (3) special meetings will be held to keep abreast of the Comprehensive Master Plan and planning activity. These meetings will be generally held in January, May, and September unless otherwise notified by the chair of the Planning and Zoning Commission. (f) Quorum. Five (5) members of the Planning and Zoning Commission shall constitute a quorum to do business, and the affirmative vote of a majority of those present shall be necessary to recommend a case. In the absence of the chair and vice- chair, the most senior ranking member of the Planning and Zoning Commission in attendance shall preside over the meeting. Ordinance No. 2024-050 5 AM23-03 (g) Motions. A favorable vote by a majority of those members present shall be required to approve any matter before the Planning and Zoning Commission or to recommend approval of any request requiring City Council action. Each member shall be informed and shall investigate each zoning case filed. (h) Conflict of interest. Any member of the Planning and Zoning Commission having a conflict of interest as provided for in the Texas Local Government Code shall not be eligible to vote and will file an Affidavit of Conflict of Interest with the Chairman. (i) Right to floor. Any member desiring to speak or address questions shall obtain permission from the chair. Sec. 19-28. Zoning hearings, procedures, and rules. (a) Withdrawals (1) A request to amend or withdraw an application or portion of an application after notices have been mailed to neighboring property owners for a public hearing may not be honored. A withdrawal of an application precludes the filing of a new application on the same tract or portion thereof for a period of ninety (90) days from the date of withdrawal. (2) In the event the applicant withdraws the application prior to the mailing of notices, the request will be honored, and no further action will be taken. The filing fee will be retained by the city for administrative costs. (b) Limitation on reapplications. In order that zoning may promote the stability and well-being of the community and offer certainty to the citizens of Grapevine with respect to the use and development of property, the following requirements shall govern the filing of reapplications: A waiting period of one (1) year, between the date an application for amendment to the Zoning Ordinance, or a requested change in zoning, is denied by the City Council and a new application for such a change or amendment is accepted, is hereby established. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts and/or principal use(s), on all or any portion of the property previously considered for amendment or change in zoning unless such application or case is explicitly denied without prejudice by the City Council; provided, however, said one-year waiting period shall be not applicable to any proposed amendment or change instituted by the City Council or Planning and Zoning Commission. (c) Petitions of Opposition. Any person or persons wishing to file a petition of opposition to a zoning request shall present said petition to the Planning Services Department. Said petition shall be presented to the Planning Services Department by 12:00 p.m. on the day prior to the public hearing. The petition shall include the Ordinance No. 2024-050 6 AM23-03 names legibly written, street addresses, with city, state and zip code, phone numbers, and signatures. (d) Site plan requirements. Any site plan to come before the Planning and Zoning Commission shall be prepared by, under the direction of, and executed by a registered surveyor, registered architect, or registered engineer and shall be in compliance with Section 47, Site plan Review, of the Comprehensive Zoning Ordinance No. 82-73 Sections. 19-29-19-40. Reserved.” Section 3. 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) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 4. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 5. If any section, subsection, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. 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 undesirable conditions for the 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 passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of May, 2024. APPROVED: ________________________________ William D. Tate Mayor Ordinance No. 2024-050 7 AM23-03 ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney Ordinance No. 2024-050 8 AM23-03 SITE PLAN SCALE : 1" = 30'-0" N SO U T H M A I N S T R E E T EAST DALLAS ROAD EAST NASH STREET EXISTING RESTAURANT/BAR SUITE 110 5,100 SF SUITE 100 909 S MAIN ST BUILDING 'A' SUITE 104 PROPOSED OG CELLARS 2,763 SF RE F U S E CO N T A I N E R S ENTRY/ EXIT ENT R Y / EXI T EN T R Y / EX I T EXISTING SALON OUTDOOR PATIO BUILDING 'B' EXISTING SURFACE PARKING EXISTING SURFACE PARKING EX I S T I N G SU R F A C E P A R K I N G EX I S T I N G SU R F A C E P A R K I N G PLAZA 90'0 30'60' SUITE 104 OUTDOOR SEATING BUILDING 'A' 10 0 ' R . O . W . VARIABLE WIDTH R.O.W. 50' R.O.W. 11 3 ' - 6 3 / 4 " 62'- 7 " 11'-5 3/8" 1 0 ' - 5 3 / 8 " 50'-0 1/2" 67 ' - 6 " 26'-8 3/8"67'-6 3/4" 34 . 1 5 ' SUITE 104 OUTDOOR SEATING 19 0 . 8 4 ' 158.79' 30 1 . 6 4 ' 553.55' 2 8 . 8 8 ' 39 5 . 5 9 ' ENLARGED FLOOR PLAN - CONCEPT PLAN DESCRIPTION STORIES MAX. HT.AVG. UNIT SIZE UNIT MIX 1 BDRM 2 BDRM RETAIL COMMERCIAL + NON-RESIDENTIAL S.F. RESIDENTIAL UNITS 1. BUILDING A 2. BUILDING B 3. BUILDING C LEASING OFFICE + RECREATION CENTER 4. PARKING GARAGE (5 LEVEL) TOTAL 3 3 4 1 55 FT. 55 FT. 66 FT. 56 FT. 1,045 SF 1,045 SF 1,045 SF 2 14 16 77 0 142 107144 10,300 9,900 0 4,100 24,300 16 16 219 251 RETAIL PARKING MAIN STREET: 12 SPACES SURFACE LOT: 62 SPACES GARAGE: 66 SPACES TOTAL: 140 SPACES (1 SPACE PER 145 SF) RESIDENTIAL PARKING NASH STREET: 7 SPACES SURFACE LOT: 30 SPACES (COMPACT) GARAGE: 444 SPACES TOTAL: 481 SPACES (1.9 SPACES PER UNIT) (1.79 SPACES PER UNIT NOT COUNTING COMPACT SPACES) SITE INFORMATION ZONING: (MXU) MIXED USE DISTRICT LOT AREA: 240,047 SF LOT COVERAGE: 145,071 SF (BUILDINGS & STRUCTURES - 60.43%) OPEN SPACE: 65,160 SF (SEE BREAKDOWN) 1. PLAZA AREA BETWEEN 2 RETAIL BUILDINGS: 9,350 SF 2. POOL COURTYARD WITHIN RESIDENTIAL BUILDING: 17,350 SF 3. OTHER OPEN AREAS (LAWN, GRASS AREAS, PLANTING BUFFERS, SIDEWALKS) OCCUPANT LOAD DATA USE AREA LOAD FACTOR LOAD TASTING ROOM SEATING AREA 1,020 15 68 TOILETS / HALL 343 0 0 SERVICE STORAGE 600 300 2 2,763 108 ASSEMBLY GROUP: A-2, SPRINKLERED WINE TASTING ROOM PROPERTY OWNER CONTACT RESORT AT 925 S MAIN managed by TRANSWESTERN CONTACT: JIM SAGER PHONE: 817-832-2841 EMAIL: Jim.Sager@transwestern.com TENANT OG CELLARS CONTACT: JAMES HANGER PHONE: 214-697-9496 EMAIL: James@OGcellars.com ARCHITECT JQAQ ATELIER CONTACT: ALICIA QUINTANS, AIA PHONE: 214-215-7474 EMAIL: quintans.aq@gmail.com EXISTING SITE DATA TABLE PARKING COUNT TOTAL PARKING ON SITE: 602 SPACES GARAGE: 510 SPACES SURFACE LOT: 92 SPACES ON-STREET: 19 SPACES TOTAL REQUIRED: 496 SPACES OUTDOOR DINING TOTAL OCCUPANT LOAD (EXCLUDING OUTDOOR DINING) BUILDING 'A' KEYPLAN & EXTERIOR ELEVATIONS 2,763 SF = AREA OF PROPOSED SUITE 104 DI M E N S I O N A L C O N T R O L S I T E P L A N PR O J E C T I N F O 1" = 30'-0" 1 of 3 INDEX OF DRAWINGS 2 SITE PLAN / PROJECT DATA 3 1 CONDITIONAL USE REQUEST BAR / PREP AREA 260 200 2 PROJECT NO. SCALE: DR A W I N G T I T L E : SHEET NO. DATE: REVISIONS: 4-11-24 3-26-24 2024 24-02 GR A P E V I N E , T E X A S 7 6 0 5 1 90 9 S . M A I N S T R E E T PR O J E C T : BU I L D I N G A , S U I T E 1 0 4 12 BANQUETTE ROOM 540 15 36 CU24-18 WINE TASTING ROOM 909 SOUTH MAIN ST, #104 DIMENSIONAL CONTROL SITE PLAN for WINE TASTING ROOM (OG CELLARS) 909 S MAIN ST, BUILDING A, SUITE 104 Lot 1, Block 1, HASTEN ADDITION William Dooley Survey Abstract No. 422 City of Grapevine, Tarrant County, Texas Lot area: 5.511 acres, 240,047 SF Zoned: (MXU) MIXED USE DISTRICT Date of Preparation: 3-26-24 The purpose of CU24-18 is to allow the possession, storage, retail sale, and off-premise consumption of alcoholic beverages (wine only) and outdoor dining in conjunction with a wine-tasting room. TOTAL SEAT COUNT INDOOR + OUTDOOR 116 EL E V A T I O N 1/ 3 EL E V A T I O N 2/ 3 EX I S T I N G W I N D O W S PREP AREA ELECT PANELS REF RR RREM E R G E N C Y EX I T O N L Y STORAGE BANQUET ROOM SALON (REDUCED AREA) 2,222 SF NOT IN SCOPE PROPOSED OG CELLARS 2,763 SF WINE TASTING ROOM INDOOR SEATING = 104 OUTDOOR SEATING = 12 TOTAL = 116 909 S MAIN - BUILDING A SUITE 104 SCALE : 3/16" = 1'-0" N BUILDING 'A' SUITE 104 DISPLAY UTILITY STACK W/D STACK W/D MOP SINK 540 SF / SEATING FOR 36 1,020 SF SEATING FOR 68 OUTDOOR SEATING HALL 7' - 3 5 / 8 " 10 ' - 0 3 / 8 " 13'- 0 3 / 4 " 2' - 2 3 / 8 " 22'- 0 7 / 8 " 2 0 ' - 7 7 / 8 " 21 ' - 9 1 / 2 " 22'-2 1/2"18'-8"12'-4 1/8" 10 ' - 7 5 / 8 " 15 ' - 3 1 / 8 " 19'-6" 8'-5"9'-8" 6' - 0 " 49'-11" BAR POS 50'0 10'25' 38'- 1 0 " 22 ' - 8 " 1' - 5 3 / 8 " 94'-3 1/2" 26'-8 3/4" 26 ' - 8 3 / 4 " 2' - 2 1 / 8 " 15 ' - 1 3 / 4 " 62'- 7 " 50'-0 1/2" 67 ' - 6 " EN L A R G E D F L O O R P L A N & C O N C E P T P L A N 3/16"=1'-0" 2 of 3 CU24-18 PROJECT NO. SCALE: DR A W I N G T I T L E : SHEET NO. DATE: REVISIONS: 4-11-24 3-26-24 2024 24-02 GR A P E V I N E , T E X A S 7 6 0 5 1 90 9 S . M A I N S T R E E T PR O J E C T : BU I L D I N G A , S U I T E 1 0 4 4-18-24 WINE TASTING ROOM 909 SOUTH MAIN ST, #104 CONCEPT PLAN for WINE TASTING ROOM (OG CELLARS) 909 S MAIN ST, BUILDING A, SUITE 104 Lot 1, Block 1, HASTEN ADDITION William Dooley Survey Abstract No. 422 City of Grapevine, Tarrant County, Texas Lot area: 5.511 acres, 240,047 SF Zoned: (MXU) MIXED USE DISTRICT Date of Preparation: 3-26-24 CONDITIONAL USE REQUEST The purpose of CU24-18 is to allow the possession, storage, retail sale, and off-premise consumption of alcoholic beverages (wine only) and outdoor dining in conjunction with a wine-tasting room. PROPOSED HOURS OF OPERATION - OG CELLARS Sunday - Thursday: noon-9pm Friday & Saturday:11am - 10pm 2 909 S MAIN - BUILDING A, SUITE 104 - EAST ELEVATION (REAR OF BUILDING) SCALE : 1" = 10'-0" SUITE 110 KITCHEN DELIVERY/EXIT EXISSTING COVERED SECONDARY ENTRY/EXIT SUITE 110 PROPOSED SUITE 104 26'-8 3/4" SUITE 100SUITE 110 28'-0" 53 ' - 4 " 51 ' - 4 " EL E V A T I O N 1/ 3 EL E V A T I O N 2/ 3 FENCED OUTDOOR PATIO DINING COVERED ENTRY OG CELLARS WINE TASTING ROOM SUITE 104 SUITE 110 EXISTING RESTAURANT MAC'S ON MAIN 909 S MAIN - BUILDING A KEYPLAN SCALE : 1" = 10'-0" N BUILDING 'A' SUITE 100 (NOT IN SCOPE) 50'0 10'25' SUITE 104 OUTDOOR SEATING 1 909 S MAIN - BUILDING A, SUITE 104 - WEST ELEVATION (SOUTH MAIN STREET VIEW) SCALE : 1" = 10'-0" RESTAURANT/BAR MAIN ENTRY SUITE 110 PROPOSED SUITE 104 EMERGENCY EXIT ONLY PROPOSED SUITE 104 MAIN ENTRY EXISTING WINDOWS EXISTING WINDOWS 39'-0 3/8"22'-8" SUITE 100 SUITE 104 SUITE 110 OUTDOOR SEATING SUITE 104 53 ' - 4 7 / 8 " 51 ' - 4 " BU I L D I N G ' A ' K E Y P L A N EX T E R I O R E L E V A T I O N S AS NOTED 3 of 3 PROJECT NO. SCALE: DR A W I N G T I T L E : SHEET NO. DATE: REVISIONS: 4-11-24 3-26-24 2024 24-02 GR A P E V I N E , T E X A S 7 6 0 5 1 90 9 S . M A I N S T R E E T PR O J E C T : BU I L D I N G A , S U I T E 1 0 4 4-18-24 CU24-18 909 SOUTH MAIN ST, #104 WINE TASTING ROOM BUILDING KEY PLAN / EXTERIOR ELEVATIONS for WINE TASTING ROOM (OG CELLARS) 909 S MAIN ST, BUILDING A, SUITE 104 Lot 1, Block 1, HASTEN ADDITION William Dooley Survey Abstract No. 422 City of Grapevine, Tarrant County, Texas Lot area: 5.511 acres, 240,047 SF Zoned: (MXU) MIXED USE DISTRICT Date of Preparation: 3-26-24 CONDITIONAL USE REQUEST The purpose of CU24-18 is to allow the possession, storage, retail sale, and off-premise consumption of alcoholic beverages (wine only) and outdoor dining in conjunction with a wine-tasting room.