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HomeMy WebLinkAboutItem 02 - CU13-02 Farina's Winery CC ITEM #2, 20 Pz#1 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGE TT IL L JVS SCO WAMS, DEVEOPMENT SE VICES DIRECTOR MEETING DATE: MARCH 19, 2013 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU13-02 FARINA'S WINERY ----------- -- N Grapevine APPLICANT: Gary Farina 11 Lake Norlhweal PROPERTY LOCATION AND SIZE: The subject property is located at 418 & 420 South Main Street and plafted as Lots 10 & 11, Block 3, DFW Airp., City of Grapevine. The property contains L approximately 0.154 acre and has approximately 71 1 T V feet of frontage along South Main Street and Barton Ll Glade Fid. Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow for thepgssesglg�r _ retail sales-and on-premise consumption-of alcoholic beverages (beer, wine and mixed beverages) in conjun ion with a restaurant. Conditional Use Permit CU05-50 was approved on August 16, 2005 by City Council for a wine tasting room on the subject site. On March 1 City Council approved a conditional use permit for an expansion to the wine tasting room to include an outdoor seating rat the rear (west) of the existing site. With this request the applicant proposes to change the use on the subject site from a wine tasting room to a restaurant with outside dining and alcoholic beverage sales r® in and mixed beverages)for on-premise consumption only. The total square footage for the subject site is 6,888 square feet. The total seating including indoor and outside seating is 0AZCLIZU13-02.4 1 March 11,2013{14:55 ) CC ITEM #2, 20 FEZ#1 for 117 trops. On February 23, 2011 the Grapevine Historic Preservation Commission approved a Certificate of Appropriateness (CA1 1-12)at 418 and 420 South Main Street for an outdoor wine tasting area. The approval included outdoor seating, a patio cover, a combination brick and wood with wrought iron fend stone fireplace, brick rs® and a fountain as shown on the site plan. PRESENT ZONING AND USE: The property is zoned "CBD" Central Business District and is currently used as a retail shop and in tasting room. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and surrounding areas were rezoned in the 1984 City Rezoning from "C-2" Community Business District to "CBD" Central Business District. The subject property is also located within a Historic Overlay District(1-11-92-03). At the August 16,2005 meeting hearing conditional use request CU05-50 for a wine tasting room was approved on the subject property. At the October 17, 2006 meeting an extension of one year,to end on August 16, 2007, was granted tot wine tasting room. At the May 15, 2007 meeting Conditional Use Request CU07-03 rd. 7® was approved to allow for an expanded wine tasting room within 418 and 420 out Main Street. On property tote north Planned Development Overlay PD09-02 (Ord. 2009-09) was approved at the March 24, 2009 meeting which allowed a residence on the second floor of an existing structure. On property tot east Conditional Use Request CU 11® (Ord.11-08) was approved at the February 1 meeting which established a bakery within an existing structure. Conditional Use Request CUI 1-04 (Ord. 11®1 was approved at the March 15, 2011 meeting to expand the wine tasting room to include an outdoor wine tasting area. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CBD" Central Business District—various retail businesses SOUTH: "CBD" Central Business District—various retail businesses EAST: "CBD" Central Business District—various retail businesses WEST: "CBD" Central Business District—storage units AIRPORTI T: 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 on A, except for sound sensitive activities 0:VCLACU13-02.4 2 March 11,2013`10: ) CC ITEM #2, 20 PZ#1 suC h 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. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates this segment of South Main Street as Type F,Collector with a minimum 80-foot right-of-way developed as 2 lanes. /at 0AZCU\CU13-02.4 3 March 11,2013(10:55 AM) j - 1 � 27F PZ#1 Mm 26A A Aim- 55 26C TR 52A .30 AC 51 25A TR 61 TR 9 60A1 60 60B .43 AC 5 .256 4 ACY AC TR 61A 6 C AC .37 AC CC� �# 1 ';1 AUD 08 p' e-�'°� N PT 1 54 PT PT >T 4 1 1A 2 2 3 3 1C 3 4B 4A A N PT a 5 C 2R 3 4►_ ID 9 G PT 5 5 .3592 7C W E 7D PT 7 Al 2 1 g 6 Of =/T// 1C 1Eq 21 Gv PIP GVL TRACT OKI LL L CWfJL L ZI - - MID PT 1 /N PT1 3C / 6A u 000610 F ' 7R CU 13-02 1 inch -200 feet Farina's Winery CC ITEM #2, 20 Pz#1 C�A 12)-C a IA SNE CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/agent:/company/contact az�q"q st/ 00 41vw Street address ol7applicant/agent: -*//e-e s, 1/y i �-E-r City/State/Zip Code of applicant/agent: VIAAF e 7-3� 7605-1 Telephone number of applicant/agent.- Fax number of applicant/agent Email address of applicant/agent Mobile phone number of applicant/agent ?17- ?75- 41616 Applicant's interest in subject property.- CAI>�lvde T z-1C-,g1VSiF PART 2. PROPERTY INFORMATION Street address of subject property 414f 5 , 07RIAl -,57—RetFr Legal description of subject property(mates&bounds must be described on 8 V2'K 11"sheet) Lot // Block Addition 421V 7—(-)WIV OF 6,?,,9-8EV, AZE Size of subject property Acres Square footage Present zoning classification: Proposed use of the property: C- 1-3 D Minimum/maximum district size for conditional use request.• Zoning ordinance provision requiring a conditional use: PART T . PROPERTY OWNER INFORMATION Name of current property owner.• Street address of property owner.• .93,21 IV,41esA! L4AIC City/State/Zip Code of properly owner., 2 Iql'?AE V1 N C e ]rX '76 0 16-Z Telephone number of property owner Fax number of property owner. FF E B 0 6 2 0713 By__ CC ITEM #2, 20 PZ#1 13 f I Q Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the same letter, describe or show on the site plan,and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations(example:buffer yards,distance between users) ❑ In the same letter, describe whether the proposed conditional use will,or will not cause substantial harm to the value, use,or enjoyment of other property in the neighborhood. Also, describe how the proposed conditional use will 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 plan submission shall meet the ret7uirements of Section 47, Site Plan Requirements. ❑ All conditional use and conditional use applications are assumed to be complete when riled and will be placed on the agenda for public heating at the discretion of the 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 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 application for conditional use or conditional use permit and acknowled ge that all requirements of this 2Mfication 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 /0 O�RZAI,4 Print Applicant's Name: Applicant's Signature: The County di Before Me on this day personally appeared U (notary) (applicant) 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 acknowledged to me that he executed the same for the ur oses and consideration therein expressed (Seal) Given under my hand day A.D. TANYA S ALVAREZ My GoMmIS�10N EXPIRES SMMmbef 22 2014 �No Itan And Por State Of 7—ex a s 6A 7—eliel?)� .4 19 CR o s s E- - —z'-tz-�11 k Print Property Owners Name: Property 0 ert*Signature The State County Before Me on this day personally appeared a2jan,-'� Aacae (notary) 0 ,4(property owner) 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 acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Sea!) Given un der my hand an d seal of office this da AD TAWA S.ALVAR 45� MY COMMISSION EX IRES Sep Wirber 2M2, 4 (Z]vrbry In A�d Fod9tate Of Texas FEB 0 6 2013 y CC ITEM #2, 20 PZ#1 (2V ACKNOWLEDGEMENT All Conditional Use and Special Use Applications are assumed to be complete when riled and will be placed on the agenda for public hearing at the discretion of the 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 conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning 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 riling fees. The application, along with the required riling fee may be resubmitted any time thereafter for reconsideration. 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 month period. I have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant- Date: al& Z—/ Signature of Owner_ Date: 2013 113 5) FEB 0 6 j1' 0 By--------- ANTIQUE REVIVAL Gary P.Farina, Owner 418 S. Main Street Grapevine, TX 76051 February 6,2013 City of Grapevine 200 South Main Street Grapevine, TX 76051 RE: Proposed Conditional Use 418 S. Main Street Lot 11, Block 3 Original To of Grapevine, Texas Dear City Council Members, The proposal presented is in reference to the property known as 418 S. Main Street in the Historic Downtown District. I have submitted this request in order to change my current T licensing to include the sale of both wine and beer. This change will provide my business with a greater opportunity for growth and expansion. Respectfully, Gary P. F na 6' CC ITEM , FEZ##1 ORDINANCE FftiJAIS i N ORDINANCE ISSUING A CONDITIONAL USE PER IT I ACCORDANCE WITH SECTION ORDINANCE 82-73, THE COMPREHENSIVE I ORDINANCE OF THE CITY I , TEXAS, SAME BEING KNOWN AS APPENDIX "D" CITY CODE, r Y GRANTING ITl L USE PERMIT CU1 3- FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC (BEER, WINE AND MIXED ) IN CONJUNCTION I RESTAURANT IN A DISTRICT ZONED " 99 CENTRAL BUSINESS I I IN ACCORDANCE WITH IT PURSUANT PLAN APPROVED TO SECTION 7 OF ORDINANCE -7 L L OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARIMPOSED HEREIN; CORRECTING THE OFFICIAL I , PRESERVING L OTHER PORTIONS F THE ZONING ORDINANCE; PROVIDING I TO SEVERABILITY; DETERMINING THATHE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE THIS I I PERMIT; PROVIDING T TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE BE DEEMED COMMITTED UPON EACH DAY DURING WHICH ON I TI DECLARING PROVIDING EMERGENCY AND l T WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the I in Zoning Commission of r of Grapevine, Texas, as required t statutes and the zoning r i n e of the i of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having compiled with, the case having fore the ity Council of the City of r vine, Texas, r all legal notices requirements, conditions and prerequisites having been complied with; and the City Council of the City of r evin , Texas, at a public hearing called by the City Council did consider t III in ors in in g a determination as to whether this requested conditional use r itshould granted or denied: safety motoring lip and the pedestrians using the ciliti s in the area immediately surrounding the site; safety r om fire hazards and measures for fire control, protection of adjacent property from l or water damages, noise producing elements, and glare vehicular n stationary lights and effect of such lights on established character of the neighborhood; log i , lighting, and types of signs and relation signs to r is control and adjacent ro ; street size and adequacy width for traffic reasonably expected to CC ITEM , PZ#1 be generated the ro os use run the site in the immediate nei or ; adequacy of rin determined requirements this ordinance froff-street parking facilities; loc do of ingress r ss points for parking and off-street locating ce , and rot c i® of u lip health by surfacing on all parking areas control dust; effect on the promotion of health and the r l welfare; effect on light and air; the effect on overcrowding of the land; the c on the concentration of ul ti n; the effect the transportation, water, sewerage, schools, parks and other facilities; an WHEREAS, the i Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, s, did consider the following in making a determination as to whether this requested condiion I use permit should granted or denied; c on the congestion of the streets, the fire hazards, panics and other dangers possibly present in securing of safety from same, the effect on the promotion of I the r I welfare, effect on adequate light and air, the ct on e overcrowding of the land, e effect on the concentration of popul do , the effect on the transportation, water, sewerage, sch Is, parks and other public facilities; and II of the requirements of Section 48 of Ordinance No. -73 have been satisfied submission of evidence at a public hearing; and WHEREAS, the City Council further considered on otherthings the r r of the existing zoning is rict and its peculiar suitability for particular uses and with the view to conserve value of buildings and encourage most appropriate use of land throughout this City, and the City Council of the City of Grapevine, s, does find that there is public necessity for the granting of this conditional use r i , that the public demands i , that the u lic interest cl rly requires t n , that the zoning a s do not unreasonably invade the rights ofthose who bought or improved ro perty with reference o the classification which existed the time their original investment s ; and WHEREAS, the City Council of the City of Grapevine, Texas, does find conditional use permit lessens congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, ids undue concentration of population, facilitates u provisions of transportation,water, sewerage, sc ols, parks and other public requirements; the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and s also found determined that re has been a change in the conditions of the property surrounding in close proximity o the property requested for a change since this property was originally classified , therefore, feels that the issuance oft is conditional use permit fort the particular piece of property is needed, is called for, and is in st interest of the pu lic at large, e citizens of the i of r ovii a Texas, and helps promote the n r I health, safety n welfare oft is community. . 2 CC ITEM #2, 20 PZ#1 , T BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the it 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 CU 1 ® to allow for the possession, storage, retail sale, and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Farina's Winery) in a district zoned "CBD" Central Business District within the following described property: Lots 10 and 11, Block 3, Original Town of Grapevine (418 and 420 South Main Street) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit"A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. 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 oft tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said it 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 heaI , safety, morals and the general welfare of the community. They have been designed with respect to of present conditions and the conditions reasonably anticipated to exist in the foreseeable future-, to lessen congestion in the streets; to secure safely from fir 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, on other things, of the character oft district, and its peculiar suitability forte 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 is 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 oft tract or tracts of land described herein. ORD. NO. 3 CC ITEM #2, 20 FEZ#1 Section 7. That any person violating any oft 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 oft City of Grapevine, Texas, creates an emergency fort e immediate preservation of the public business, property, health, safety and general welfare of the public is 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 March, 2013. APPROVED: ATTEST APPROVED AS TO FORM: ORD. 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