HomeMy WebLinkAboutItem 06 - CU12-16 Side Street Winery and Bodega TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: MAY 15, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION_ CU12-16, SIDE STREET
WINERY AND BODEGA
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NOrthwg3t I PROPERTY LOCATION AND SIZE:
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The subject property is located at 422 South Barton
Drw Street and is platted as Lot 7, Block 3, City of
Hall-Johnson Sy
Airport a Grapevine. The subject property contains
approximately 0.4 acres has 135 feet of frontage
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit for the possession, storage, retail sale
and on-and off-premise consumption of alcoholic beverages(wine only)in conjunction with
a winery with outdoor seating.
Two metal buildings totaling 6,840 square feet exist on the subject site; a 720 square foot
area of the southern most building is proposed for the establishment of a winery. The
applicant envisions offering sales and production capabilities of Texas wines and boutique
wines from Oregon, where the applicant has an established winery business.
Consumption of wine on site is proposed within a seating area inside (eight seats) and
outside (16 seats). Parking for this use will be provided off site by existing head-in spaces
along Barton Street and the City lot at the northwest corner of West Franklin Street and
South Barton Street.
0AZCL1=12-16.4 1 May8.2012(2:52PM)
If approved this will be the first reading of an ordinance given the subject site requires
approval of a special exception for the metal exterior on the existing buildings. This item
will be heard before the Board of Zoning Adjustment at their June 4, 2012 meeting. If
approved by the Board the second reading will occur at the Council's June 19, 2012
meeting.
PRESENT ZONING AND USE:
The subject property is currently zoned "CBD" Central Business District and is developed
with two small mini-storage warehouse structures on the site which has frontage along
Barton Street. The front portions of both structures have been used for retail uses.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and the properties to the north, south, east and west were zoned "C-
2" Community Business District prior to the 1984 City Rezoning. The property immediately
to the west was rezoned to "R-TH"Townhouse District during the 1984 City Rezoning. The
subject property and the properties to the north, south and east were rezoned to "CBD"
Central Business District during the 1984 City Rezoning. At the July 19, 1994 meeting, City
Council approved zone change Z94-07(Ord. 94-55)on the property immediately adjacent
to the west from "R-TH" Townhouse District to "GU" Governmental Use District for the
Senior Citizen Center. At the June 23, 2008 meeting, City Council approved zone change
Z07-08 (Ord. 2008-29) on the property immediately adjacent to the north from "CBD"
Central Business District to"GU"Governmental Use Districtfor the Information Technology
Building.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "GU" Governmental Use District—City I.T. building
SOUTH: "CBD" Central Business District— City parking lot
EAST: "CBD"Central Business District—various Main Street businesses, e.g.
Big Fish Seafood, Farina's Winery, Antique Revival and The Magic
Pen
WEST: "GU" Governmental Use District—Grapevine Senior Activities Center
AIRPORT IMPACT:
The subject tract is not located within any of the noise zones as defined on the "Aircraft
Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map.
0 ZW=12-16.4 2 May 8,2012(2:52PM)
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Central Business use. The
applicant's request is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
Barton Street is not designated a thoroughfare as shown on the City's Thoroughfare Plan.
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RE
T A 8
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
For "
PART 1.APPLICANT INFORMATION
Name of applicant/agent:/�ccompa y/con ct
Street address of applica t/agent:
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Clt�/State/Zip Code ofgpplican agent:
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Telephone numb of applicant/agent., Fax number of applicant/agent
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PA 2. PROPERTY INFORMATION
Street address of sub je property
Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet)
Lot Block Addition ek Q�kj L
Size of subject property
r �'S Acres Square foots e
Present zoning classification: Prop d use of the property:
tmum/maxi um district size for itional use quest:,
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Zoning ordinan provision requinnoLa conditional use:
PART 3. PROPERTY OWNER INFORMATION
Narr)g of current property owner
Street address of propert wner., �
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City/State/Zip Code of property own r.• t
Telephone number of prope owner. Fax number of property owner:
2A - 7Z -- 2'57 (9 i7 33-7 3-4 3Z
❑ 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 requirements of Section 47, Site Plan Requirements.
❑ A#conditional use and conditional use applications are assumed to be complete when filed 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 conditional use permit can only be approved
by city council through the public hearing process.
❑ 1 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 2epfication have been met at the time of submittal.
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEPT-)kNp PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY aplid i
it or
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Print Applicant's Name: A, s Sig t .
The State of -ile:14 a S
County Of
Before Me E,rrL on this day personally appeared 1 J f VC{ h
(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 tome that he executed the same for the purposes and con ideratin therein expressed
(S e a l) Given un r an ,a , al f o ice this day of A•p, 20 I L
BRANDON GARRETT
My Commission Expires
April 10,2016 Notarpffi And For State Of Texas
a,,t.rte
Print Property Owners me: Property Owner's Signature:
«
The State Of --V;-'�°L% e �r
County Of �rr.r_a.T i I�
Before Me—a: .+. �-wf r „on this day personally appeare� �, +J"*
(notary) (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.
(Seal) Given under my hand and seal of office this�"1 day of r L I A.p. 0 t -L-
BRANDON GARRETT
My Commission Expires No In And For State Of Texas F
April 10,2016
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ACKNOWLEDGEMENT CIA
A11 Conditional Use and Special Use Applications are assumed to be complete
when bled 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 filing fees. The application, along
with the required filing 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.
1 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 a time of submittal.
Signature of Applicant
Date;
Signature of Owner
Date: ZU 12 F0
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Paradox Ventures LLC
D/B/A
Side Street Winery&Bodega
March 24,2012
Grapevine City Council
Grapevine Planning&Zoning Commission
c/o Development Services Dept.
200 S. Main Street
Grapevine,TX 76051
MAY 7 2014,
Re: Conditional Use Permit request for:
Side Street Winery&Bodega
422 S. Barton Street,Grapevine,Texas
Dear Council Members & Commissioners:
Thank-you very much for your consideration of our application.
We have been in the winery business since 2005 in Oregon and have looking for some time to
expand into our hometown/home state of Grapevine,Texas, and we are very excited about the
opportunity to open the Side Street Winery& Bodega at the proposed location at 422 S. Barton,
Grapevine. In this facility,we will have sales and production capabilities sufficient to launch &grow the
business for several years.
Presently, we are requesting your consideration & approval for a:
• Conditional use permit for the Side Street Winery at 422 S. Barton St.
o This is required for us to apply to the US Alcohol &Tobacco Tax Trade Bureau
(TTB)for a Federal winery permit.
o After TTB approval, we can apply for our permit with the TABC.
Our vision is to create an Old World, bodega style, winery experience, where we produce small
quantities (50-500 cases/varietal) of premium Texas wines, and also feature a small selection of
other Texas wines, as well as boutique wines from our Oregon facility. In addition to carrying
traditionally bottled wines, we intend to offer our wines in re-fillable containers for consumers
and also in kegs for restaurants. This feature will be unique to the area and will also
dramatically reduce waste disposal of glass &cardboard.
Our experience in opening our first winery (www. alletwine.com)was very positive for all
stakeholders,the city,the neighborhood and ourselves. The city benefitted from our creating
new jobs, siting a socially attractive business downtown and by rehabilitating what was a poorly
maintained building. Our neighbors saw the value of their property increase because our
investment in the area spurred more interest and investment of other businesses and also by
the rehabilitation of an historic building that had become a public eyesore. We strongly believe
we can achieve similar results here in Grapevine.
Because of our relatively small footprint&tasting area, limited outdoor seating and anticipated
hours of operation of 11am-9pm, Saturday thru Sunday, we do not anticipate the kind of large
crowds and/or loud noise that would disturb our neighbors.
We sincerely appreciate your consideration and support in this application process for the
Conditional Use Permit for the Side Street Winery and look forward to many years of success.
Thank you again and please feel free to contact Dan or Olivia Sullivan at 817-938-3799, if you
have any additional questions.
Sincerely,
Olivia and Dan Sullivan
F-I"
Side Street Winery& Bodega [!� M. NI
"(0 I�
ORDINANCE NO. ob
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 CU12-16 FOR THE
POSSESSION, STORAGE, RETAIL SALE AND ON- AND
OFF-PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A
WINERY WITH OUTDOOR SEATING 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;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, 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 CU 12-16 to allow for the possession, storage, retail
sale and on- and off-premise consumption of alcoholic beverages (wine only) in
conjunction with a winery (Side Street Winery& Bodega)with outdoor seating in a district
zoned "CBD"Central Business District within the following described property: Lot 7, Block
3, City of Grapevine Addition (422 South Barton 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 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 safety 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 forthe 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.
ORD. NO. 3
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 this ordinance shall become effective from and after the date of
its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 15th day of May, 2012.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the day of ,
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4