HomeMy WebLinkAboutItem 05 - CU02-48 Su Vino WineryG ITEM 0 �8
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
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FROM: ROGER NELSON, CITY MANAGERAt
7
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: NOVEMBER 19, 2002
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU02-48
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-- Grapevine ��;ry
Lake APPLICANT: Patrick Nelson and Tim Weinheimer
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PROPERTY LOCATION AND SIZE:
as P+t E
The subject property is located at 120 South Main
Street, Suite 40, and isp latted as Lot 1, Block A,
Hall -Johnson S?uADPL t
00 a Starr Addition. The addition contains 23,886 square
i
0 feet (0.53 acres) and has approximately 209 feet of
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- - frontage along South Main Street and Barton Street
Glade Rd, `m
and 116 feet of frontage along West Wall Street.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicants are 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 applicants propose to establish a small winery that will specialize in teaching
customers the art of winemaking and will also supply the necessary equipment and storage
devices to produce and store wine. Storage space will also be provided on site.
Conditional Use Request CU02-33 was approved by the City Council at the August 20
meeting and allowed for an expansion of the Tap -In restaurant into the subject Lease
space—this expansion never materialized. A parking plan (PP02-01) was also approved
as part of that request to ensure that adequate parking was provided to meet the needs
of the expanded restaurant. The parking demands of the proposed Su Vino Winery are
less than that of the previously approved restaurant expansion thus the requested winery
is adequately parked.
PRESENT ZONING AND USE:
The property is currently zoned "CBD" Central Business District and is developed as a
small retail center.
_S. $ I 7.,�� ••�
The subject property was zoned "C-2" Commercial District with a "SP" Specific Use Permit
(Z75-14, Ord. No. 75-30) for the retail sale of alcoholic beverages, on -premise
consumption only, in conjunction with a restaurant (Leslie's Fine Foods). Case No Z82-18
(Ord. No. 82-28) was approved in May 1982, amending the approved site plan with the
provision of four skill or coin-operated machines and two billiard tables. The site zoning
for this site as well as the property located to the north, east and west was changed to "HC"
Highway Commercial District in 1984 during the citywide rezoning. In 1988, case No Z 88-
09 (Ord. No. 89-01) was approved, changing the site zoning to "CBD", Central Business
District. The "CBD" district regulations were amended to allow drive -though restaurants
as a conditional use in June 1989. In September 1989, CU89-11 (Ord. No. 89-69) was
approved for a restaurant with drive-through service. A one-year extension of the
conditional use permit was approved in August 1990. The drive-through restaurant was
r not developed. The Century Plaza project was subsequently constructed on the site. In
1992, the site was given Historic Landmark designation (HL92-03) and included in the
Historic Grapevine Township District. CU99-42 (Ord. No. 99-169) was approved in
November 1999 allowing the possession, storage, retail sale and on -premise consumption
of alcoholic beverages (beer, wine and mixed beverages) n conjunction with a restaurant
(Charlie's Cafe'). The Site Plan Review Committee (SPRC) approved a revision of the floor
plan to the restaurant in September 2001 (CU01-57). Conditional Use Request CU02-33
was approved by Council at their August 20, 2002 meeting which allowed for an expansion
of the Tap -In restaurant into the lease space adjacent to the north. This expansion never
materialized. A parking plan (PP02-01) was approved along with the conditional use
request to provide adequate parking for the restaurant expansion.
The sites to the west have been developed as the Bungalow Shops and BJ & Company
Salon and Spa, with associated shops. The site to the north is developed with the Kountry
Donuts restaurant. In 1977, prior to the 1984 citywide rezoning, the land to the east had
been rezoned from "C-2" Commercial District to "SP" Specific Use Permit district for the
development of mini -storage warehouses. The approved site plan for the warehouses was
amended in 1978 (Z78-02, Ord. No. 78-05). The warehouses were not developed. The
site was subsequently developed as a strip mall.
The site to the south was rezoned from "C-2", Community Commercial District to "SP"
0:2CU/CU02-48.4 1 November 13, 2002 (9:29AM)
Specific Use Permit District or the storage and retail sale of beer only, incidental to a
restaurant (Bartley's BBQ). In the 1984 citywide rezoning the site zoning was changed to
"CBD" Central Business District. City Hall was developed on the site in 1996.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH:
SOUTH:
EAST:
WEST:
AIRPORT IMPACT:
"HC", Highway Commercial District — Kountry Donuts.
"CBD", Central Business District — City Hall
"HC", Highway Commercial District — Bungalow Shops and BJ & Co.
Salon and Spa
"HC", Highway Commercial District — Grapevine Optical, Coopers
Copies and Printing, Nail Gallery and Terry's Catering.
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.
The Master Plan designates the subject property as Central Business District. The
applicant's proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Main Street as a Type D thoroughfare with a minimum
75 -foot right-of-way developed as four lanes.
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Su Vino Winery
.AP
A
ame of applicant/ agent:
treat address of applicant / agent:_
ge-Ily `)ae e-- ;1/ �...
CONDITIONAL.... V
CITY OF Gf:�ARff 'N
APPLICATIO
Form'
s�i'iC�r/f'ISDx 41,
telephone number of applicant i agent. 3-/ -
jr f /'5 -C-;--
applicant's interest in subject property: ✓i r' ` •/fG/'/� 'CQ'�z��
4ew Gii1 rl G r' — J U
PART 2. PROPERTY INFORMATION
Street address of subject property
Legal description of subject property (metes STS must be s ribed on 8 1/2" x 11 sheet}
G® t'- / , elP 4-'A'-. J ,/ r �GL�I -h O -'—
Acres
'-•
Acres
5resent zoning classification: Proposed use or the prupc<<y.
✓'e
bfinimum /maximum district size for conditional use request:
Zoning ordinance provision requiring a conditional use:
✓e7,z,al / tllleG 5;.?/es
PART 3. PROPERTY OWNER INFORMATION
me of current property owner.
reef addres of property owner
%-'* 'go y G%
5/State /zip Code of property owner.
;lephone number of property owner.
1 eI79 S 7'/-- `/9-3 f
owner.
❑ Submit a letter describing the proposed conditional use and note the request on the site pian ucn.0-- u
❑ in the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by
app
ficable district regulations (example: buffer yards, distance between users)
substantial [3 In the samein the nei hborfiood.hAisor describe ow the proposed condibonall uset
twill add to the valued ecauseton other
describe wethethe or enjoyment of other property + the
property 9
neighborhood.
L1Application of site plan approval (Section 47, see attached Form B'j.
❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
4$
RECrIvED
.
QCT 0 7 2nm
❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on
the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date.
Alt public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may oeepntiwerttvim -�-
hearing. Public hearings will not be tabled. 'l.
Any changes to a site plan (no matter how minor or major) approved with a conditional use or conditional use permit can ottge� l elci-Rd* city
council through the public hearing process.
❑ t have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that
all requirements of this application have been met at the time of submittal.
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
Name:
Do/f►i C$ /A/r!'/L.�G
The State Of l h
County Of
Before McGvp' /JU4
Applicant's
on this day personally appeared
P: Pje�ccY/ y
••,pRY U IQ��
knc+m to. or vers.rrre lip the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
ackh(*v14dged�at hde�edrted the same for the purposes and consid tion therein expressed.
(Sea GiJgn�der M anc�sea/ of once this � =day � A.D. �•!-�
too,
too Ml\\\\
,rs ary ell nd y�'r S fe Texas
/� _ L ,
The State Of
County Of�
Before Me _ �''�.� on this day personalty appeared(�4x-17
(notary) property owner)
known to me for proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Sea!) Given W16m rvyt JgLi nd and seal of office this day of s►� � A.D. "�
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°•0•4PIRES ••'
City of Grapevine OCT 0 7 2002
Development Services PLANNING'
Planning Division
200 S. Main St.
Grapevine, TX 76051
Re: Conditional Use Application
Nelsheimer Developments, Inc. — d/b/a "Su Vino Winery"
Description of Proposed Conditional Use:
Su Vino Winery will feature the manufacture and sale of wine, the teaching of
v,inemaking, and the sale of related wine and winemaking accessories.
Conditional Requirements:
None known.
Affect to Other Property in the Area:
The proposed use will not cause harm to the value, use, or enjoyment of other property in
the neighborhood. Because Grapevine is home to many wineries, tasting rooms, and the
Texas Wine and Grape Growers Association, Su Vino Winery will add to the value, use,
and enjoyment of neighboring establishments by providing like products and attracting
additional business to historic downtown. This business also complements the businesses
immediately adjacent (Tap In Grill and the Ole Grapevine Cigar & Tobacco).
I Patrick Nelson, Applicant
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 CU02-48 TO
ALLOW THE POSSESSION, STORAGE, RETAIL SALE, AND
ON -PREMISE AND OFF -PREMISE CONSUMPTION OF
ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION
WITH A WINERY IN A DISTRICT ZONED "CBD" CENTRAL
BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE
PLAN APPROVED PURSUANT TO SECTION 47 OF
ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS,
RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CLAUSE RELATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INTERESTS, MORALS
AND GENERAL WELFARE DEMAND THE ISSUANCE OF
THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED UPON EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning Commission of the City
of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of
Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been
complied with, the case having come before the City Council of the City of Grapevine,
Texas, after all legal notices requirements, conditions and prerequisites having been
complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as
to whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately surrounding
the site; safety from fire hazards and measures for fire control; protection of adjacent
property from flood or water damages, noise producing elements, and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting, and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected
to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking
facilities; location of ingress and egress points for parking and off-street locating spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on light and air; the effect on the
overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council of the City of Grapevine, Texas, did consider the following factors
in making a determination as to whether this requested conditional use permit should be
granted or denied; effect on the congestion of the streets, the fire hazards, panics and
other dangers possibly present in the securing of safety from same, the effect on the
promotion of health and the general welfare, effect on adequate light and air, the effect on
the overcrowding of the land, the effect on the concentration of population, the effect on
the transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have
been satisfied by the submission of evidence at a public hearing; and
WHEREAS, the City Council further considered among other things the character
of the existing zoning district and its peculiar suitability for particular uses and with the view
to conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that there
is a public necessity for the granting of this conditional use permit, that the public demands
it, that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference
to the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration
of population, facilitates the adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, an 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. CU02-48 to allow the possession, storage, retail
sale, and on -premise and off -premise consumption of alcoholic beverages (wine only) in
conjunction with a winery (Su Vino Winery) in a district zoned "CBD" Central Business
District within the following described property: Lot 1, Block A, Starr Addition (120 South
Main Street, Suite 40) 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
OT grapevine, i exas.
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
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 19th day of November, 2002.
FRUMM-1412M
ATTEST:
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ENGENEER:
WALTER NELSON AND ASSOCIATES r*!
1812 CARLA AVENUE 11ALTEM J. M"W"
ARLINGTON, TEXAS 76014
(817)26U739 49O�s cistg> � v
APPLICANT: NEISHELMER
DEVELOP?dENTS INC.
10168 BETTY JANE PLACE
DALLAS, TEXAS 75219
(214) 351-5531
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OONWTtOHALUSe PROUESTGUOR4418 A d:M"TTO
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OF ALCOHOLIC BEVERAGES (WINE 060).
THE ENi6iE 6i1E 1S TiIE P�166E,
TI]EPROMMITISo,TJENMYZONLO` "CBD"CEMALBUSlHP7ESSTNST)UCT
THECURRENT LAND USEDESRMNATRHI4 AS CONTAINED IN THC
CA)WREHENSWE MASH PLAN IS CENTRAL BUSINESS WMICT
ALL REQUMPMEN S OF SECTION 22, COMMUNITY COMMERCIAL DISTRICT
SI W J. BE bfS1'.
All dumpatam $6811 be tanummd in aw"'I'a ce wilt Samoa So"' Section 50.83
reqs m aV $dict mom 6=Vdam to be vi_aW smwAd by solid woad fens of wall
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CASE NUMBER: CU02.46 GU V WO WualRY
CASE NAME:
CASE ADDRESS: 1i t AKA.0 40
LOT S1 ADDIT104
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SEMET: 1 OF
APPROVAL DOES NOT AUTRORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
9.
a:
P A R K I N G
RETAIL PARKING FWD. SIM, 'K M55 S.F. It 60% . 0164 S.F.j 200 • 27 SPACES
IS
RETAIL PAm" REO.O. 1M m '8' Jo72 S.F. x 0= M 2468 E.F./ 200 ®� PAM
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ENGENEER:
WALTER NELSON AND ASSOCIATES r*!
1812 CARLA AVENUE 11ALTEM J. M"W"
ARLINGTON, TEXAS 76014
(817)26U739 49O�s cistg> � v
APPLICANT: NEISHELMER
DEVELOP?dENTS INC.
10168 BETTY JANE PLACE
DALLAS, TEXAS 75219
(214) 351-5531
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OONWTtOHALUSe PROUESTGUOR4418 A d:M"TTO
ESTAMM A W VERY MATN THE POSSESSION, 6fORAW,
WAL WE, AND ON- AND OFF.FRE. W CONS AWTION
OF ALCOHOLIC BEVERAGES (WINE 060).
THE ENi6iE 6i1E 1S TiIE P�166E,
TI]EPROMMITISo,TJENMYZONLO` "CBD"CEMALBUSlHP7ESSTNST)UCT
THECURRENT LAND USEDESRMNATRHI4 AS CONTAINED IN THC
CA)WREHENSWE MASH PLAN IS CENTRAL BUSINESS WMICT
ALL REQUMPMEN S OF SECTION 22, COMMUNITY COMMERCIAL DISTRICT
SI W J. BE bfS1'.
All dumpatam $6811 be tanummd in aw"'I'a ce wilt Samoa So"' Section 50.83
reqs m aV $dict mom 6=Vdam to be vi_aW smwAd by solid woad fens of wall
ane foot abovethe g, pW mid
ter am to exceed I led in hc*t& 08 AS 9dm MxDcPt the
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CASE NUMBER: CU02.46 GU V WO WualRY
CASE NAME:
CASE ADDRESS: 1i t AKA.0 40
LOT S1 ADDIT104
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE:
SEMET: 1 OF
APPROVAL DOES NOT AUTRORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
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APPLICANT: NELSHEIMER
DEVELOPMENTS INC.
10160 BETTY JANE PLACE
DALLAS. TEXAS 75229
(214) 351-5551
CAGE NAAE: SU VINO MtOW
CASE NUMBE3C CU02-"
LOCAMON: 120 S. MAN STR19.7 00
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STARR ADOMON
MAYOR 8E(iiETARY
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PLArWANO AND Z"40 OOMMISS1ON
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SHEAT: --OF
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ORDHAACES.
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ENGINEER:
WALTER SNELSON
WALTER J.NEWON AND ASSOCIATES
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1812 CARLA AVENUE
ARLINGTON, TEXAS 76014
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DEVELOPMENTS INC.
10160 BETTY JANE PLACE
DALLAS. TEXAS 75229
(214) 351-5551
CAGE NAAE: SU VINO MtOW
CASE NUMBE3C CU02-"
LOCAMON: 120 S. MAN STR19.7 00
LOT! BLOCK AODMON:LOTt,BLOCK A
STARR ADOMON
MAYOR 8E(iiETARY
DATE:
PLArWANO AND Z"40 OOMMISS1ON
CNAl"w
DATE:
SHEAT: --OF
APPAOYAL DOES NW AUTHON2E ANY WORK
W CONFLICT WITH AWCODES OR
ORDHAACES.
DVARTMEiT OF DEVELOPMENT SOMM