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HomeMy WebLinkAboutORD 2014-053ORDINANCE NO. 2014-53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING 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 PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 23A, GV GRAPEVINE VINTAGE DISTRICT REGULATIONS 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That 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 is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 23A, GV Grapevine Vintage District Regulations is hereby amended in its entirety to read as attached Exhibit "A". Section 2. 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 3. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. 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 19th day of August 2014. William 13. Tate Mayor ATTEST: JOWC. C. Brown City Secretary John F. Boyle, Jr. City Attorney ORD. NO, 2014-53 2 EXHIBIT "A" TO ORD. NO. 2014-53 Page 1 of 6 Sec. 23A. GV Grapevine Vintage District Regulations PURPOSE: The GV District is established to provide locations to accommodate wineries, vineyards, wine tasting rooms, and associated low intensity retail/commercial uses which promote, enhance, and compliment the Texas Wine Industry. Such facilities should not be so large or so broad in scope of services as to attract intensive commercial developments. USES GENERALLY: In a GV Grapevine Vintage District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: Vineyard. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to those uses listed in Section C. Conditional Uses: Mechanical equipment located within 120 -feet of any residentially zoned district must meet the standards established for noise regulation as stated in Section 55. Performance Standards. 2. Screened garbage storage on a concrete pad no nearer than fifty (50) feet to a residentially zoned district and not located between the front of the building and any street right-of-way. 3. Off-street parking to serve permitted uses, provided that any off-street parking or vehicular use area within sixty (60) feet of a residentially zoned district shall be separated from said lot in accordance with Section 50.C.1. Screening Alternate A. 4. Signs advertising uses on the premises in accordance with Section 60 of this Ordinance, with the exception of pole signs. Pole signs shall not be allowed within the Grapevine Vintage District. 5. Other structures or uses which are customarily accessory and clearly incidental and subordinate to the permitted use and/or structure. 6. Any specialty retail shop such as, but not limited to, books, florist, jewelry, gift, hobby; within a completely enclosed building whose aggregate gross floor area does not exceed 5,000 square feet. 7. Bakery, tea rooms, confectionery, and delicatessen, ice cream, soda fountain shops, and cheese factory; within a completely enclosed building whose aggregate gross floor area does not exceed 5,000 square feet. 081914 Section 23A EXHIBIT "A" TO ORD. NO. 2014-53 Page 2 of 6 8. Studios for the creations of crafts, and heritage arts which are handmade or handcrafted that do not exceed 20% of the total floor area of a permitted use listed in Section B. Accessory Uses, paragraph 6 above. 9. Planned specialty shopping center defined as a combination of all the uses permitted in Section B. Accessory Uses, paragraphs 6-12. A single building shall not exceed 25,000 square feet as a permitted use. All individual users shall have the same floor area limitations as noted in Section B. Accessory Uses. 10. Hospitality Centers which provide meeting facilities for, but not limited to civic clubs, lodges, fraternal organizations, receptions, and seminars. 11. Dinner Theaters. 12. Art galleries and museums. C. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. Winery with alcoholic beverage sales, with on -premise and off -premise consumption, provided a special permit is issued in accordance with Section 42.B. of the Ordinance. 2. Wine tasting facility with alcoholic beverage sales with on -premise and off - premise consumption, provided a special permit is issued in accordance with Section 42.13. of the Ordinance. All alcoholic beverage sales shall be consistent with the Texas Alcoholic Beverage Code. 3. Restaurants and restaurants with outside dining, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.8. of the Ordinance. Drive-in and drive-through restaurants shall not be allowed. Restaurants adjacent or contiguous to any existing residential uses (excluding multi -family uses) shall only be allowed as an accessory use to the other conditional uses listed in this section. 4. Inn (only as an accessory use in conjunction with a winery or wine tasting room). 5. Any use allowed within this district with outdoor speakers and/or amplified sound. 2 081914 Section 23A EXHIBIT "A" TO ORD. NO. 2014-53 Page 3 of 6 D. LIMITATION ON USES: 1. Pole signs shall not be permitted in the GV district. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 1. A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47 has been approved. 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements shall apply: 1. MAXIMUM DENSITY: The maximum density within GV District shall not exceed a floor area ratio of 0.20. 2. LOT SIZE: The minimum lot size in a GV District shall be twenty thousand (20,000) square feet. 3. MINIMUM OPEN SPACE: At least twenty-five (25) percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) a. Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site. 4. DISTRICT SIZE: The minimum size of any GV District shall be one (1) acre. 5. MAXIMUM IMPERVIOUS SURFACE: The combined area occupied by all main and accessory structures, parking storage, loading and other paved areas shall not exceed seventy-five (75) percent of the total lot area. G. AREA REGULATIONS: The following minimum standards shall be required: 1. LOT WIDTH: Every lot shall have a minimum width of one hundred twenty- five (12 5) feet. 3 081914 Section 23A EXHIBIT "A" TO ORD. NO. 2014-53 Page 4 of 6 2. LOT DEPTH: Every lot shall have a minimum depth of not less than one - hundred fifty (150) feet. 3. FRONT YARD: Every lot shall have a front yard of not less than thirty (30) feet, which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence wall, or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vineyards, or trees, and no part shall be paved or surfaced except of minimum access, driveways and sidewalks in accordance with Section 53 of this Ordinance. 4. SIDE YARDS: Every lot shall have two side yards, each of which shall be not less than fifteen (15) feet in width. Planned Commercial Centers permitted as a Conditional Use shall meet the requirements of Section 23A.N.1. 5. REAR YARD: Every lot shall have a rear yard of not less than twenty-five (25) feet in depth. Planned Commercial Centers permitted as a Conditional Use shall meet the requirements of Section 23A.N.1. 6. DISTANCE BETWEEN BUILDINGS: The minimum distance between detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. BUFFER AND SCREENING REQUIREMENTS: Whenever a GV District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Sections 50, 53, 23A.H.2. and 23A.H.3. of this Ordinance. 2. ADDITIONAL BUILDING SETBACK REQUIREMENTS: No building or structure shall be located nearer to any residentially zoned property than a distance equal to two (2) times the height of any building or structure, or fifty (50) feet whichever is greater. 3. ADDITIONAL SCREENING, FENCING AND LANDSCAPING: The Planning and Zoning Commission may recommend and the City Council may require screening, fencing, buffering and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping requirements set out specifically in each use district, when the nature and character of 4 081914 Section 23A EXHIBIT "A" TO ORD. NO. 2014-53 Page 5 of 6 surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. 1. No principal structure shall be erected or altered to a height exceeding thirty- five (35) feet. Principal structures located contiguous to an R-20, R-12.5, R- 7.5 or R-5.0 Residential District shall be limited to one (1) floor level, however an increase up to five (5) feet to this requirement may be granted upon approval of a conditional use request by the City Council. A winery or wine tasting facility not adjacent to a R-7.5, R-12.5 or R-20 Single Family Residential District, may exceed the maximum height requirements of Section 23A.1.1 (thirty-five (35) feet) not to exceed a maximum height of fifty (50) feet, provided a conditional use permit is issued in accordance with Section 48 of the Ordinance. 2. No accessory structure shall be erected or altered to a height exceeding twenty-five (25) feet. J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provision of Section 57 of this Ordinance. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the GV District: Lighting shall be designed to reflect away from any adjacent residential area 2. Parking lot lighting facilities, if provided shall meet the requirement of Section 58, Parking and Loading Area Development Standards 3. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view in accordance with Section 50.6.3. 4. Due to the development nature of the Grapevine Vintage District, it is 5 081914 Section 23A EXHIBIT "A" TO ORD. NO. 2014-53 Page 6 of 6 recognized that requiring wineries to have exterior fire resistant construction having at least seventy (70) percent of the total exterior walls, excluding doors and windows constructed of brick, stone or other masonry or material of equal characteristics in accordance with the City Building Code and Fire Prevention Code may not allow for vintage type developments. Wineries proposed in the GV not meeting the seventy (70) percent masonry requirement shall present an exterior wall plan to the Planning and Zoning Commission and the Commission shall establish the amount of masonry required. N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: Each lot or parcel of land created within a Planned Commercial Center shall comply with the following requirements: MINIMUM YARD REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The front yard requirements contained in Section 23A.G.3. shall be applicable to each lot or parcel of land within a Planned Commercial Center. A minimum fifteen (15) foot side yard and a minimum twenty-five (25) foot rear yard shall be required around the outside perimeter of the Planned Commercial Center. Minimum side and rear yard requirements of interior lots may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 2. LANDSCAPING REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The minimum landscaping requirements of Section 53.H.2 shall be applicable around the outside perimeter of a Planned Commercial Center. For interior lots the minimum landscaping requirements of Section 53.H.2.b. may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 3. MINIMUM OPEN SPACE REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: At least twenty-five (25) percent of the total site area of the Planned Commercial Center shall be devoted to nonvehicular open space (nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 6 081914 Section 23A