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HomeMy WebLinkAboutORD 2024-049ORDINANCE 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 otherthings the character of the existing zoning district and its peculiar suitability for particular uses and with the viewto 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Ordinance No. 2024-049 2 CU24-18 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: the outside seating is consistent with page 3 of 3 of the site plan set. 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 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 Ordinance No. 2024-049 3 CU24-18 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. ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: �n 0) - (�. Matthew C.G. Boyle City Attorney v: William D. Tate Mayor Ordinance No. 2024-049 4 CU24-18 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.