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Home My WebLink AboutORD 2014-006TO: SITE PLAN REVIEW COMMITTEE MEMBERS DATE: AUGUST 3, 2016 SUBJECT: CONDITIONAL USE REQUEST CU16-18; LOTS 10 & 11, BLOCK 3, CITY OF GRAPVEVINE RECOMMENDATION Staff recommends the Site Plan Review Committee consider the proposed changes to Conditional Use Permit CU13-36 (Ord. 2014-39) approved at the January 21, 2014 meeting to allow for the possession storage, retail sales and on and off -premise consumption of alcoholic beverages (beer and wine only) and outside dining in conjunction with a restaurant, specifically to allow outside dining in conjunction with a restaurant, and take any other action necessary. On August 16, 2005 the City Council approved Conditional Use Permit CU05-50 (Ord.2005-66) with on- and off -premise consumption of alcoholic beverages (wine only) in conjunction with a wine tasting room. At the October 17, 2006 meeting, the wine tasting room was granted an extension of one year with an expiration date of August 16, 2007, in order to obtain a Certificate of Occupancy. On March 28, 2007, the Grapevine Historic Preservation Commission approved a Certificate of Appropriateness (CA07-17) at 418 North Main Street for an outdoor dining area which was associated with Conditional Use Permit CU07-03. On April 17, 2007, Conditional Use Permit CU07-03, a request to amend the previously approved site plan of CU05-50 to expand the approved wine tasting room to include an outdoor wine tasting area was denied by City Council. On May 15, 2007 the City Council reconsidered and approved Conditional Use Permit CU07-03 (Ord. 2007-23) to allow for an expanded wine tasting room within 418 and 420 South Main Street. At the March 15, 2011 meeting the City Council approved Conditional Use Permit CU11-04 (Ord. 2011-14) to allow for an expansion to the wine tasting room to include an outdoor wine tasting area at the rear or the establishment adjacent to Barton Street. At the January 21, 2014 meeting the City Council approved Conditional Use Permit CU13-36 (Ord. 2014-06) to allow for the possession, storage, retail sales and on- and off -premise consumption of alcoholic beverages (beer and wine only) and outside dining in conjunction with a restaurant. With this request the applicant proposes to add additional outdoor seats adjacent to South Main Street. The revised seating layout will accommodate 145 patrons: including the previously approved 117 seats indoors and outdoors in the rear patio and the twenty eight (28) outdoor seats proposed at the front entrance. The applicant will O:\ZCU\CU 16-18.4sprc maintain a minimum clearance of four (4') feet between the tables and the curb. No additional changes are proposed to the subject site. /at 0AZCU\CU16-18.4sprc Aw �L lr s fi n� x P ' k T COK` s �` .a t75 .. 24 h z e 12 0� 10Hl e Ss� Hf E T 6,11 ......... r s _7 ,� �. 0 z Ull .. fj re sr�� a t lu .. � � y n , buj lr s fi n� x P ' k T COK` s �` .a t75 .. 24 h z e 12 0� 10Hl e Ss� Hf E T 6,11 ......... r s _7 ,� �. 0 z Ull .. fj re sr�� a t lu .. � � y n , , 77 -7-11,51, - n4t -a CONSUMPTION, AREA ooe- 2 1.&1 4 5' WOOD FENC E -H 7-7 Ell -M 51 Ni EXISTING cov: RED AREA— V, m F ........... ..... 11- r -41 I RE L E A (� I'l i P I , N I 4 .4 �H STONE FIREf=LACE---,.,, . . . . . . . . . . F7 T7 UAL), ""14 AA, 1 All -'j, a 4 5RIC< WALL EXIT, W Ia 1 0 T' R N �41 illI��"il��1,111,��1,1111""ITY, F11, A E ov FIRE L I NE a 11 -E A5 11 1 U I All. 'In NNIN." TREE To RE MAINk 1, J, A (2) 51=RIN<LER T0 5E REMOVEL-)/ A OTHERS TO REMAIN--/ B", TAN< )"IN WATER FEATURE—" 2 <NOX 50X - 4a" W I IDE I RON GAT�� EXIT 46!` CEDER FENCE IRON WITH 4a FENCE A50 a SCREENING FEN E .............. .. WITH 48": SERVICE GAT 8! 1 RON FENC 11"11-611- 2 > EXISTING PARKING TO REMAIN, N il o SCALE: P-40, ® il NOTES,: CONDITIONAL USE REQUEST CU16-16 18 A REQUEST TO AMEND THE PREVIOUSLY APPROVED SITE PLAN CU13-56 (ORD. ® TO ALLOW THE POSSESSION, STORAGE,, �RETAIL SALES, ON -PREMISE AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC, 5EVERAGES (5EER, WINE ONLY) SPECIFICALLY ITO ALLOW OUTSIDE DINING IN CONJUNCTION WITH A RESTAURANT IN THE CENTRAL 5UISNESS DISTRICT.. THE PREMISE 15 THE ENTIRE SITE. URB AND TA5LES A MIN IMUM:� OF 4' CLEARANCE 5ETWEEN THE C SHALL' 55� MAINTAINED 15Y THE OUNER/ OPERATOR AT ALL TIMES& NO OUTDOOR Sf=EAi<ERS ARE PROPOSED. ORION 1 - )v N 201 0 20' V-7 \ / v v v D ATE ARE FOOTAGt= 2,06 F� S QUARE FOOTAGE 2 334 SHEET: ALI 2 OF 3 !A APf=;;?nvA1 00r=S NOT AUTHORIZE SEATING INCLUDES 'I I=ROPOSED OUTDOOR i, � ANY WORK IN CONFLICT WITH ANY CHAIRS AT EACH METAL TABLES W11,74 4 iM,ETAL CODES OR TA5LE. 25 NEW SEATS TOTAL. ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES U� E pol ju OL U- ci °' lu73OLLLI ujm Aw 73 U- jU Uj W a n a.....,.�. , a r i e . , LU e, k A i p%....... , r y ,tea OL f r err ouz BOB r x x ra ae hep aor�rr aotiw.�enf 0- �5 r OF, �. i10 c u tMe �. i10 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 CU13 -36 FOR THE POSSESSION, STORAGE, RETAIL SALE, ON- AND OFF - PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) AND OUTSIDE DINING IN CONJUNCTION WITH A RESTAURANT 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, 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. • l NO. 2014-06 IN 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 CU13 -36 to allow for the possession, storage, retail sale, on- and off - premise consumption of alcoholic beverages (beer and wine only) and outside dining 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, City 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 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 *RD. NO. 2014-06 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 21st day of January, 2014. ATTEST: Jo i t. Brown Cit Secretary John F. Boyle, Jr./*' City Attorney ORD. NO. 2014 -06 4 XI-STING OFF- TREET PARKING. 420 S. MAIN ST.— 410 S. MAIN ST:— VICINITY MA EXISTING PARKIN r61 PEN 31 IRON PENCE-,,, (D 51TE FLAN "'--ALr=: illa-40'-Vu EXISTING OFF- STREET PAWING, �-,---WATER FEATUI I jZt=--F� TO REMZ BONE FIREPL N14,E- IBRICK ALL WITH 46" IRON FENCEA509t WOOD PENCE ""OVERED AREA SITE DATA ISTING PAWING I STORY METAL BUILDING 48" CEDER FENCE WITH 40" IRON FENCE ABOVE P. EXHIBIT_2 TO 20• 201 L-O 2 Page of 11.50 -1s A I 2 4 XISTING PARKING ZONED.- "CIBID" LOT*: 10 4 11 5LOCKO. 3 ADDITION; ORIGINAL TOWN OF GRAPEVINE DIMENSIONS: 35'-0 "x58' -3"(LOT 10) 4 38'-0"x64'-I0" (LOT 11) OCCUPANCY LOAD TO IBE III 'PEOPLE SQUARE FOOTAGE: 4,502 FARINA'S WINERY SQUARE FOOTAGE: 2,459 ADDRESS: ANTIQUE REVIVAL SQUARE FOOTAGE- 2,065 416 4 420 S. MAIN STREET OUTDOOR WINE TASTING SQUARE FOOTAGE: 2,334 GRAPEVINE TX, 16051 NOTE: CONDITIONAL USE REQUEST CU13-36 15 A REQUEST TO ALLOW THE POSSESSION, STORAGE, RETAIL SALES, ON- PREMISE AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE ONLY) IN CONJUNCTION WITH A RESTAURANT, INCLUDING OUTSIDE DINING, THE PREMISE 16 THE ENTIRE SITE. CASE NAME: FARINA'S WINERY 4 ANTIQUE REVIVAL CASE NUMBER: CU13-36 LOCATION, 418 4 420 S. MAIN STREET GRAPEVINE, TX MAYOR SECRETARY DATE: PLANNING 4 ZONING COMMISSION CHAIRMAN DATE: SWEET: C1.1 - I OF 3 APPROVAL DOES NOT AUTHORIZE ANY U4)Rl< IN CONFLICT WITH ANY CODES OR ORD INANCES. DEPARTMENT OF DEVELOPMENT SERVICES > >w— W a) ul W - W (O} w 't C-4 CL -q � fy IWO dml z cl z tn IU3 Q ci z z d) 10 -xq LL LU e i q JU Z Z0 u- SWEET, C1.1 1 PAM 12/30/13 r"WAUN15y. =5 rmolaN MY. LLe I EXISTING COVERED AREA STONE EIRE 48" BRICK WALL WITH 48" IRON PENCE ABOVE TREE TO REMA (2) SPRINKLER HEADS TO BE REMOVED, OTHERS TO REMAIN WATER FEATURE KNOX BOX 48" WIDE IRON GATE 48" CEDER FENCE WITH 48" IRON PENCE ABOVE 8' SCREENING FENCE WITH 48" SERVICE GATE O - O EXISTING PARKING TO REMAIN AREA FLAN SCALE: 1" =20' -0" SEATS a BARTOP OCCUPANCY LOAD TO BE 11i PEOPLE FARINA'S WINERY SQUARE FOOTAGE: 2,489 ANTIQUE REVIVAL SQUARE FOOTAGE: 2065 OUTDOOR SEATING SQUARE FOOTAGE. 2,334 NOTE: CONDITIONAL USE REQUEST CU13 -36 IS A REQUEST TO ALLOW THE POSSESSION, STORAGE, RETAIL SALES, ON- PREMISE AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE ONLY) IN CONJUNCTION WITH A RESTAURANT. INCLUDING OUTSIDE DINING, THE PREMISE iS THE ENTIKE SITE. i TO J►' 1 Page • GRAPHIC SCALE: 1" IN = 20' FT. CASE NAME: FARINA'S WINERY E ANTIQUE REVIVAL CASE NUMBER: CU13 -36 LOCATION: 418 4 420 S. MAIN STREET GRAPEVINE, TX MAYOR SECRETARY DATE: PLANNING 4 ZONING COMMISSION CHAIRMAN DATE: SHEET: AIJ - 2 OF 3 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES 0 METAL PATIO 48" IRON 48" BRICK WALL RESTAURANT 1 FOR 3 PERSONS 6 888 39 SPACES • / y 1 E '.s- 3 I of w SPACES PROVIDED 43 SPACES NOTE: ADEQUITE PARKING IS PROVIDED FOR BOTH BUILDINGS DUE TO THE OFF- STREET PARKING. 48" BRICK WALL STONE FIREPLACE -J EXISTING REAR ELEVATION ' SCALE: STONE FIRE PATIO ROOF- BRICK COLUM 3' WALK SP. WATER FEA 2 EXISTING 511DE ELEVATION SCALE: SHED " CEDER FENCE (STING BUILDING 'WOOD FENCE 'BUILDING HEIGHT -48" IRON FENCE V BRICK COLUMNS WITH STONE CAP CEDER FENCE NOTE: CONDITIONAL USE REQUEST CU13 -36 15 A REQUEST TO ALLOW THE POSSESSION, STORAGE, RETAIL SALES, ON- PREMISE AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (SEER, WINE ONLY) IN CONJUNCTION WITH A RESTAURANT, INCLUDING OUTSIDE DINING, THE PREMISE IS THE ENTIRE SITE. 1;1,3p.t3 10' 0 10' 20' 0 Q v 0 GRAPHIC SCALE: 1" IN = 10' FT. ......... __......._.__ CASE NAME: FARINA'S WINERY 4 ANTIQUE REVIVAL CASE NUMBER: CU13 -36 LOCATION: 416 E 420 S. MAIN STREET GRAPEVINE, TX MAYOR SECRETARY DATE: PLANNING 4 ZONING COMMISSION CHAIRMAN DATE: SHEET: A2.1 - 3 OF 3 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES