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Home My WebLink AboutItem 04 - CU08-09 Inwood Estates Vineyards � �� -- �� , P� z� TO: HONORABLE MAYOR, CITY COUNCIL MEMBE�S AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER �'' SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO �— MEETING DATE: APRIL 15, 2008 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATtON CU08-09 „ � , � � r---i i � i i i � �� r—' ----------- --i c: ry�- `�-, Grapevine 5?, APPLICANT: Rose Mary Gatlin, Inwood Estates � � Lake � i`—��e Rd. � Vineyards I 1 � I I � ��' I.H.1635 Northwest � _� I `d PROPERTY LOCATION AND SIZE: P�� , d�� w V4a° � `r I �ca E'� y. r N I , � � The subject property is located at 603 South Main � Hall-Johnson Sti,� ADP=� � � Street, Suite 303 and platted as Lot C, Block 15, City �, �'° � ; of Grapevine. The property contains approximately �J----° ° ' 0.154 acre and has approximately 320 feet of _� _. � m Glade Rd. � !_' frontage along South Main Street and approximately � � � 310 feet of frontage along East College Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to establish a wine tastinq room for on- and off-premise consumption of alcoholic beveraqes (wine onlv) in coniunction with an existinq coffee shop. . With this request the applicant proposes to install a new 10'8" by 2'8" counter within the 1,209 square foot Mawker Coffee shop which as proposed will be used as the point of sale and storage area for the Inwood Estates Vineyards wine tasting facility. The expected hours of operation for the wine tasting business are from 12:00 noon to 9:00 pm. The Mawker Coffee shop will continue its normal operations. No additional interior modifications are proposed to the Mawker Coffee shop to accommodate the wine tasting facility. �: O:�ZCU�CU08-09.4 1 April 7,2008(10:06AM) PRESENT ZONING AND USE: The property is zoned "CBD" Central Business District and is currently used as a retail coffee shop (Mawker Coffee). HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned in the 1984 City Rezoning from"SP"Specific Use Permit District to "CBD" Central Business District. The subject property is also located within a Historic Overlay District(HL93-01). The properties to the west and south of the auto repair were rezoned from "LI" Light Industrial District to "CBD" Central Business District in the 1984 City Rezoning. The area to the south with the existing mini-warehouse development was rezoned to "LI" Light Industrial District in 1990 (Z09-09). The restaurant south of the subject site was approved in April 1993 (CU92-25) for alcohol sales. The funeral home property to the north and the auto repair business to the west retained the "CBD" Central Business District during the 1984 City Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CBD" Central Business District and "R-7.5" Single Family District— funeral home, single family residence and bed and breakfast SOUTH: "CBD" Central Business District and "LI" Light Industrial District — restaurant, warehouse and mini-storage �;.�t.. EAST: "CBD" Central Business District and "LI" Light Industrial District — professional offices and mini-storage WEST: "CBD" Central Business District—various retail businesses and auto repair 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. /at 0:1ZCU\CU08-09.4 2 April 7,2008(10:06AM) 3oz � '' " s �' i�s �� 4 g 4 . � _ i � !aoe S PT ' 4 _ . SP� 2 3, GU , 1A1 204 / a�e ,�� — 4 / u az In 6R ' t� r , �, . Y_ 1A2 � i aia 5 �ai32 � � ,. � _ _I', '�� Z iza � T... � _: � _ : � _ E _ !. � � � �' 8592 / T �� A1 ; � 7D � W ' ` w , ; � /� �� , , 7D ' PT 12 PT '; � i a z i �y� I //// �� , oi �s 2 'izzi � P6 'az3 6 i ;azi ��a�3 �� ai jE! � q418 7 .// i— — ; R � � � /�� i . i � . 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' .. ��se�y E 1 - -� - - . e . _.. ��Mxu�� o _---, � 0 18.�-__"_ .._.,_—._.__._.. __._� p 32 235�-��`— 308 CU08-09 1 inche uaIs200f t � nwood Estates Vineyards q ee �� "�' � * � VI�� T E X �t S �r�� . � f CITY OF GRAPEVINE � CONDITIONAL USE APPLICATION Fo rm "A" PART 1. APPLICANT INFORMATION Name of applicant/agent:/company/contact h W'iiL�C.L �`��tL�G'i � �Yl t�!�'(�Z�S� �Y\C�• � Street address of applicant/agent: �3 SU l'�c��c-c,��u c.��'4i-r 4�►L� 5-{-. -4�= �Cx� City/State/Zip Code of applicant/agent: �C��5 � �X � '7 J� 2—C� 7 Telephone number of applicant/agent: Fax number of applicanbagent Zi �--RvZ— �i��2.� 2. i�--�tL�2 -cc4S"Z Email address of applicanbagent Mobile phone number of applicanUagent �L,-3'�-2 —v-7 v's �� Applicant's interestin subjecf property: � L�,�_� —�("�$.��J ��m PART 2. PROPERTY INFORMATION "`reef add�ess of subject property ,: (,v3 �U��;, h�l�.;�, St-��-� ► 5�.�,�� . 3�=� Lega/description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet) Lot '� Block '� Addition C;,�-- d� �v��J��1�- 1_�°'TC�.�-�`�.c�u n� � t��Cty= Size of subject property Acres 1 Z-Cl� S uare foota e Presenf zoning classification: Proposed use of the property: x 1_ /� L!�� (�, ��p .` ��L \�C°�''-$��n� �Uc�rri f�C��z-C:� `c �-:,�1 S�t y7 c, l70�,;r rrvc.�T lA'ti�c�GLYI� ct�� ♦ C— '1 _ _+Q_r'�/V E J Minimum/maximum district size for condition use request: Zoning ordinance provision requiring a conditiona!use: :�, 1��C;J '�5�(r,� ��,,,.,-, �c� �;�ct o F �'�-z,m:;�• l PART 3. PROPERTY OWNER INFORMATION Name of current property owner: ` k �Ct.'r�'�`-� 1�rtiL 5 4`L e.C��C Cc� l.�.��c.r, LTTJ t��10�4. �t�S'T.vvU�!� �Il r'Z. Street address of property owner. � 11 Sc��*-1!� ��'-c�;n S�r�'.e_c.-'t- City/State/Zip Code of property owner: � :c-�,p e vi•n e� ,TY� `7(�US� Telephone number of property owner: Fax number of property owner: ed t"I , �-i U. �4--�S7 �l� .�-I L. `�IoCJZ � ' � � � f� � ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ !n the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditiona! use by applicable district regulations(example:buffer yards, distance between users) ❑ !n the same letter, describe whether the proposed conditiona!use will, or will not cause substanfia!harm to the value, use, or enjoyment of'°�°'"`' other properfy in the neighborhood. A/so, describe how the proposed conditional use wrll add to the value, use or enjoyment of other property in the neighborhood. ❑ Application of site plan approval(Section 47, see attached Form"B'). ❑ The site lan submission shal!meet the re uirements of Section 47, Site Plan Re uirements. ❑ AlI conditional use and conditiona!use applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the sfaff. Based on the size of the agenda,your application may be scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings wi!!not be tabled. ❑ Any changes to a sife plan(no matter how minor o�major)approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ I have read and understand all the requirements as set forth by the applicafion for conditional use or conditional use permit and acknowled e that al!re uirements of this a lication 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 �C�S G {"l�r��l��v�wCC� .��. V i�✓1e C�rC��S 4- �. C SC <;i Print Applicanf's Name: Applicant's Signature: �— `/� The State of � � � ` , County Of ��t��-'i Before Me 1 / on this day personally appeared��5� �t'! �� v� � L'� � ( otary) (appli�ant) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknow/edged to me that he executed the same for the purposes and consideration therein expressed. (SeaQ Given under my hand and seal of o�ce this � day of U`1{�t c—�'� ,A.D.�. �'"""�"' �'��"">p�°;�•. KATHY GOUNLEY � :•�,;• . , NQTARY PUBIIC � �*''�'�• State of Texas 'a''�':'��'t°"¢'' 'Comm,Exp. 04-19-2011 Notary ln A'd For State f exas a��z�r�� ja2� ..� �� a .` Dt � a L �L � � / E � � � . r � o '� �, PC� ' QaP � F� � � � F Print Property Owners Name: Property Owner's g ture: / The State Of��>=-� _ County Of (i--Y t,-Y'��v � ; �end� �o�a Before Me on fhis day personally appearec n � (notary) (proper�ty owner) known to me (or proved to me on the oath of card or othe�document) to be the person whose name is subscribed to the foregoing instrumenf and acknowledged to me that he executed the same for the purposes and consider fion therein expressed. (Seal)Given under my hand and sea/of o�ce this � day of V'J-'�� ,A.D.��V ��^""��_� !(4THY COUNLEY / i �� 't /� / �. NrJTARY PUBUC '�' "'� , Notary!n And For �e Of Texas �J ' :�y; S,ate of Texas i '�°T':��F``P' Comm.Exp.04-19-2011 �� F � °� _,� ACKNOWLEDGEMENT AlI Conditional Use and Special Use Applications are assumed to be complefe when filed and will be placed on the agenda for public hearing at the discretion of fhe staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditiona! use or a specia/ use permit can only be approved by city council through the public hearing process. Any applicafion for a change in zoning or for an amendment fo the zoning ordinance shall have, from the date of submiftal, a period of four months to requesf and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsiderafion. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four monfh period. l have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge fhat al/requiremenfs of this application have been met at the time of submittal. Signature ofApplicanf ��- , (�,�f�� w��c-� �=��-��:- i,�-�,,�,��; Date: �13 I U� �ka � � � � � �JE � t� C� � � � a l� Signature of Owner C� �I�e �- ��. �„h �.. �� o P e � n� � i� � �— ln,��.� �,n� � p D Lr +� ��. C� Date: � � � �i , �� In�rood Es�a�es ��e��ds ��FJG i�onu{aclurinq, Suife 2C9 �a��as, Texas 7�207 Te�: �14.679.1907 Fax: �14.902.9452 ema�l: �qafl��@��W�oc�wines.ccm �mqafl��@��WOOdwines.com March 2, 2008 City of Grapevine Planning &Zoning Required Letter for Conditional Use Permit Inwood Estates Vineyards, Inc., desires to obtain a conditional use permit allowing alcohol sales at 603 S. Main Street, Suites /303 for purposes of operating a winery tasting room with sales of wine packaged in legally approved bottles. Such use permitting sales of wine in this location requires a conditional use pernlit in accordance with zoning regulations imposed by the City of Grapevine. Sueh use will not cause harm to the value of the property, and will, in fact, enhance the value of the property by bringing additional commerce to the downtown district as history has shown by the existing six (approximately} winery tasting rooms currently operating in the same immediate downtown district. r�� 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 CU08-09 FOR THE POSSESSION, STORAGE RETAIL SALE AND ON- AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINE TASTING FACILITY, 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 3 property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, -��. safety and welfare of this community. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code, by granting Conditional Use Permit No. CU08-09 to allow for the possession, storage, retail sale and on- and off-premise consumption of alcoholic beverages (wine only) in conjunction with a wine tasting facility (Inwood Estates Vineyards, Inc.) located within Mawker Coffee Shop, in a district zoned "CBD" Central Business District within the following described property: Lot C, Block 15, City of Grapevine Addition (603 South Main Street#303) 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 ORD. NO. 3 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 15th day of April, 2008. APPROVED: =��n ATTEST: APPROVED AS TO FORM: ORD. 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