HomeMy WebLinkAboutPZ WS Item 01 - Possible AmendmentsMEMO TO: MEMBERS OF THE PLANNING AND ZONING COMMISSION
FROM: RON STOMBAUGH, ASSISTANT DIRECTOR, DEVELOPMENT
SERVICES
MEETING DATE: OCTOBER 21, 2014
SUBJECT: WORKSHOP—POSSIBLE AMENDMENTS TO SECTION 39,
HISTORIC LANDMARK, SECTION 42, SUPPLEMENTARY
DISTRICT REGULATIONS, AND SECTION 23A, "GV"
GRAPEVINE VINTAGE DISTRICT
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Staff recommends the Commission consider possible amendments to Section 39, Historic
Landmark relative to city initiated historic landmark designation; to Section 42,
Supplementary District Regulations relative to distilleries; and to Section 23A, "GV"
Grapevine Vintage District, and take any necessary action.
BACKGROUND INFORMATION:
Section 39, Historic Landmark;
Several months ago during a public hearing to establish a historic landmark designation on
the Wells Fargo bank, the legal counsel representing the bank pointed out an
inconsistency in the wording within Paragraph D, of Section 39, Historic Landmark, relative
to the procedure to follow to establish a historic landmark—the procedure to follow is the
same process as that required for establishing a conditional use (Section 48) on a tract or
parcel of land. However, within Section 48, Conditional Uses, paragraph D.3 requires the
owner's consent to the filing of the application. At that initial public hearing for the Wells
Fargo historic landmark designation, the bank was not in favor of the overlay and had not
signed the application indicating their consent; their legal counsel questioned how it could
be considered given the language as written. Given that the City has initiated historic
overlays without the consent of the property owner and may do so in the future if
necessary, staff is recommending that Section 39, Historic Landmark be amended to
eliminate this inconsistency in wording. See the attached ordinance.
Section 42, Supplementary District Regulations:
Earlier this year the Commission and Council approved amendments to Section 42,
Supplementary District regulations resulting from changes the Texas State Legislature
made during their last legislative session to the Texas Alcohol Beverage Code.
Specifically, wording was added to allow restaurant operators to pursue the Beer and Wine
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Retailer's Permit; the Brewer's Permit was added to Section 42, Paragraph B.3, to exempt
brewers from the restaurant/food sales requirement. During that same legislative session,
the Legislature added wording to the Alcohol Beverage Code relative to distilleries allowing
direct sales of distilled spirits to consumers if located within a "wet area," i.e. an area that
has already held a local option election to allow some form of alcohol beverage sales.
Specifically the amendments to the Code allows for on -premise consumption of the
distiller's product(s) and the off -premise (package) sales of not more than two, 750 milliliter
bottles of the distiller's products within a 30 day period. Staff has had several meetings
within the past year from potential distillers considering operations within the City; however,
the ordinance does not currently allow for the on and off -premise consumption of this type
of alcoholic beverage. Staff is recommending the Commission consider an amendment to
Section 42, Supplementary District Regulations that will allow potential operators to request
the establishment of a distillery through the conditional use process. See the attached
ordinances.
Section 23A, "GV" Grapevine Vintage District:
Several workshops have been held this year specifically addressing the Grapevine Vintage
District with the end result being major modifications to the district regulations that were
approved at the August 19, 2014 meeting. During the public hearing, it was suggested that
further work may be necessary on the district. Attached is the current ordinance as
amended. Staff recommends the Commission review the ordinance and consider any
other changes or amendments, including the possible addition of breweries and distilleries
to the list of conditional uses if deemed appropriate.
/rs
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A. Establishment of "H" zoning designation as a historic landmark subdistrict. Any
zoning district designation appearing on the Zoning District Map may be followed by
the suffix "H" indicating a Historic Landmark subdistrict. Such subdistrict may
include buildings, land, areas, or districts of historical, architectural, archaeological
or cultural importance or value which merit protection, enhancement, and
preservation in the interest of the culture, prosperity, education, and welfare of the
people. The "H" designation shall apply to those premises, lots or tracts designated
through procedures set forth herein. Additional principal and accessory uses may
be permitted in any specific "H" subdistrict and shall be enumerated in the
ordinance establishing such historic landmark subdistrict, provided such uses are
included in the zoning application. Such suffix shall not affect the legal use of the
property and the basic underlying zoning of the property except as provided in the
ordinance establishing the subdistrict.
B. HISTORIC LANDMARK - DEFINED: As used in this Section, the term "Historic
Landmark" shall mean any buildings, land, areas or districts of historical,
architectural, archaeological or cultural importance or value, which the City Council
determines shall be protected, enhanced and preserved in the interest of the
culture, prosperity, education and welfare of the people.
C. DECLARATION OF POLICY: The City Council hereby finds and declares as a
matter of public policy that the protection, enhancement, preservation and use of
historic landmarks is a public necessity and is required in the interest of the culture,
prosperity, education and welfare of the people.
D. HISTORIC LANDMARKS - DESIGNATION: The City Council may designate certain
buildings, land, areas, and districts in the City as historic landmarks and define,
amend and delineate the boundaries thereof. The procedure to be followed to
establish a historic landmark designation shall be the same as that required to
amend, repeal or alter the zoning on a tract, or a parcel of land under Section 48
relating to conditional uses however, a city initiated request to establish a
historic overlay shall not require the consent of the property owner as stated
in Section 48, paragraph D.2. After all notice requirements of State Zoning
Statutes have been complied with and all required public hearings conducted
pursuant to said State Statutes and upon receipt of the Planning and Zoning
Commission's recommendations, the City Council may designate the building, land,
area or district within the "H" suffix. The suffix "H" shall indicate the zoning
subdistrict designation of those buildings, land, areas and districts which the City
Council has designated historic landmarks. Such designation shall be in addition to
any other zoning district designation established in the Comprehensive Zoning
101700 1 Section 39
W0415
Ordinance. All Zoning District maps shall reflect the designation of a historical
landmark subdistrict by the letter "H" as a suffix.
E. HISTORIC LANDMARKS - CRITERIA TO BE USED IN DETERMINATION: In
making such designation as set forth in Section D above, the City Council and the
Planning and Zoning Commission shall consider one or more of the following
criteria:
Character, interest or value as part of the development, heritage or cultural
characteristics of the City of Grapevine, State of Texas, or the United States;
2. Identification with a person or persons who significantly contributed to the
culture and development of the City;
3. Location as the site of a significant historic event;
4. Exemplification of the cultural, economic, social or historical heritage of the
City;
5. Relationship to other distinctive buildings, sites or areas which are eligible for
preservation according to a plan based on historical, cultural or architectural
motif;
6. Unique location of singular physical characteristics representing an
established and familiar visual feature of a neighborhood, community or the
City;
7. Value as an aspect of community sentiment or public pride.
8. Detailed recommendation from the Historic Preservation Commission.
F. PRESENT USE NOT AFFECTED: Use classifications of all property included in a
historic landmark subdistrict shall continue to be governed by the Comprehensive
Zoning Ordinance of the City.
G. OFF-STREET PARKING AND LOADING: Due to the development nature of
property with a Historic Landmark Designation, it is recognized that conventional off-
street parking, loading, and development standards required by Section 56, 57, and
58 of the comprehensive zoning ordinance for individual lots may be difficult to
provide. Any uses proposed with a Historic Landmark Designation may present a
plan for parking to the Planning and Zoning Commission and the Planning and
Zoning Commission may determine different amounts and methods in establishing
off-street parking.
101700 2 Section 39
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A. PURPOSE: In each zoning district, there are some uses which would be
appropriate in some but not all locations within the district. Typically, those are uses
that may have some special impact or uniqueness which requires a careful review of
their location, design, configuration and special impact to determine, against fixed
standards, the desirability of permitting their establishment on any given site. They
are uses which may or may not be appropriate in a particular location depending on
a weighing, in each case, of the public need and benefit against the local impact
and effect. In this Ordinance, such uses are classified as Conditional Uses and
before they may be established, the Planning and Zoning Commission must
recommend, based upon findings of fact derived from evidence received at a public
hearing, and the City Council must by ordinance approve the establishment of the
use.
B. AUTHORIZATION: The Planning and Zoning Commission may recommend, and
the City Council may authorize, the establishment of those conditional uses that are
expressly authorized to be permitted as a conditional use in a particular zoning
district or in one or more zoning districts. No conditional use shall be authorized
unless this Ordinance specifically authorizes such Conditional Use to be granted
and unless such grant complies with all of the applicable provisions of this
Ordinance.
C. INITIATION: An application for a Conditional Use Permit maybe filed by the owner
of, or other person having a contractual or possessory interest in, the subject
property. Any application filed by a person who is not the owner of the property for
which the Conditional Use Permit is sought shall be accompanied by evidence of
the consent of the owner.
D. APPLICATION FOR CONDITIONAL USE PERMIT: An application for a Conditional
Use Permit shall be filed in duplicate with the Director of Development Services, or
such other official as he may designate, who shall forward without delay one copy to
the Planning and Zoning Commission. The application shall contain a Site Plan and
the following information; as well as such additional information as may be
prescribed by rule of the Commission or the Director of Community Development. A
site plan is not required for property zoned R-5.0 Zero Lot Line District:
The applicant's name and address and his interest in the subject property;
2. The owner's name and address, if different than the applicant, and the
owner's signed consent to the filing of the application;
3. The street address and legal description of the property;
4. The zoning classification and present use of the subject property;
021500 1 Section 48
4 The particular provision of this Ordinance authorizing the propos-4
Conditional
6. A general description of the proposed Conditional Use;
7. An application for Site Plan approval, as required and defined in Section 47
of this Ordinance;
8. A statement or diagram showing compliance with any special conditions or
requirements imposed upon the particular Conditional Use by the applicable
district regulations;
9. A statement as to why the proposed Conditional Use will not cause
substantial injury to the value, use or enjoyment of other property in the
neighborhood;
10. A statement as to how the proposed Conditional Use is to be designed,
arranged and operated in order to ensure that development and use of
neighboring property in accordance with the applicable district regulations will
not be prevented or made unlikely.
E. HEARING ON CONDITIONAL USE PERMIT APPLICATION: A public hearing on
the application shall be held and notice thereof given in the manner and form
required for amendments as set out in Section 67 of this Ordinance unless the
Director of Development Services or the Planning and Zoning Commission
determines that the application is incomplete.
For applications involving minor modifications to previously approved Conditional
Use Permits, the Director of Development Services may present the application to a
Site Plan Review Committee consisting of a member of the Planning and Zoning
Commission (appointed by the Commission Chairman), the City Council
Representative to the Planning and Zoning Commission, and the Director of
Development Services, which shall determine if the proposed modification(s) are
such that a public hearing before the Planning and Zoning Commission and the City
Council is or is not warranted. If the Site Plan Review Committee determines that a
public hearing is not warranted, the application will be reviewed and approved
administratively under the authority of the Site Plan Review Committee. For
administratively approved modifications to a previously approved Conditional Use
Permit, the full application fee shall be retained by the City.
F. STANDARDS: The following standards, among other relevant standards, may be
considered by the Planning and Zoning Commission and City Council in determining
whether a Conditional Use may be granted.
021500 2 Section 48
-1 hat
^ proposed Conditional l be consistent with the adopted
policies ^ Comprehensive
, • ^ ^ Plan of of •
2. That the proposed Conditional Use will not have a substantial or undue
adverse effect upon adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities, and other matters affecting the
public health, safety and general welfare;
3. That the proposed Conditional Use will be constructed, arranged and
operated so as not to dominate the immediate vicinity or to interfere with the
development and use of neighboring property in accordance with the
applicable district regulations. In determining whether the proposed
Conditional Use will so dominate the immediate neighborhood, consideration
shall be given to:
a. The location, nature and height of building, structures, walls, fences
on the site; and
b. The nature and extent of screening on the site;
4. That the proposed Conditional Use complies with all applicable regulations of
this Ordinance, including lot size requirements, bulk regulations, use
limitations, and performance standards;
5. That the proposed Conditional Use at the specified location will contribute to
or promote the welfare or convenience of the public;
6. That off-street parking and loading areas will be provided in accordance with
the standards set out in Sections 56, 57 and 58 of this Ordinance, and such
areas will be screened from any adjoining residential uses and located so as
to protect such residential uses from any injurious effect;
7. That adequate access roads or entrance and exit drives will be provided and
will be designed so as to prevent traffic hazards and to minimize traffic
congestion in public streets and alleys;
8. That the proposed Conditional Use will be served adequately by essential
public facilities and services such as highways, streets, parking spaces,
police and fire protection, drainage structures, refuse disposal, water and
sewers, and schools; or that the persons or agencies responsible for the
establishment of the proposed use will provide adequately for such services;
9. That the proposed Conditional Use will not result in the destruction, loss or
damage of any natural, scenic or historic feature of significant importance;
021500 3 Section 48
[ That proposed • • • • additional standards
imposed on it by the particular provision of this Ordinance authorizing such
11. The Director of Community Development has approved the detailed
landscaping plan as having met the provisions of Section 53.
12. That the proposed Conditional Use will minimize disruption to existing
neighborhoods, will minimize the adverse impact on existing community
services, and will complement in the least intrusive manner possible the
needs of the city, region, and the State;
13. That the benefits of the proposed Conditional Use outweigh the loss of or
damage to any homes, businesses, natural resources, agricultural lands,
historic or cultural landmarks or sites, wildlife habitats, parks, or natural,
scenic, or historic feature of significance, and outweigh the personal and
economic costs of disruption to the lives, businesses and property of
individuals affected by the proposed use;
14. That all alternative sites and all reasonable means for meeting the projected
need or demand for the proposed building, structure, development, use or
activity which may be less costly or less intrusive to existing communities,
have been considered and rejected by the applicant for clearly disclosed
reasons, and that all reasonable means for minimizing adverse impacts of
the proposed use have been considered and incorporated into the proposal;
15. That the proposed Conditional Use is consistent with prior plans, master
plans and projections of the applicant, if any, upon which the City of
Grapevine has based planning or zoning decisions or, if the proposed use is
consistent with prior plans or projections of the applicant, that any such
inconsistency is outweighed by the benefits to the community of the
proposed use.
G. CONDITIONAL AND RESTRICTIONS: In granting a Conditional Use, the Planning
and Zoning Commission may recommend, and the City Council may impose such
conditions, safeguards and restrictions upon the premises benefited by the
Conditional Use as may be necessary to comply with the standards set out in
Section 48.F of this Ordinance to avoid, or minimize, or mitigate any potentially
injurious effect of such conditional uses upon other property in the neighborhood,
and to carry out the general purpose and intent of this Ordinance. Such conditions
shall be set out in the Ordinance approving the Conditional Use Permit.
H. AFFIDAVIT OF COMPLIANCE WITH CONDITIONS: Whenever any Conditional
Use Permit authorized pursuant to this Section is made subject to conditions to be
met by the applicant, the applicant shall, upon meeting such conditions, file an
021500 4 Section 48
EFFECT OF ISSUANCE OF A PERMIT FOR A CONDITIONAL USE: The issuance
of a permit for Conditional Use shall not authorize the establishment or extension of
any use nor the development, construction, reconstruction, alteration or moving of
any building or structure, but shall merely authorize the preparation, filing and
processing of applications for any permits or approvals which may be required by
the Codes and Ordinances of the City, including, but not limited to, a Building
Permit, a Certificate Of Occupancy and subdivision approval.
J. PERIOD OF VALIDITY. No Conditional Use Permit shall be valid for a period
longer than one (1) year from the date on which the City Council grants the
Conditional Use, unless within such one (1) year period: (1) a Building Permit is
obtained and the erection or alteration of a structure is started, or (2) an Occupancy
Permit is obtained and a use commenced. The City Council may grant one
additional extension not exceeding one (1) year, upon written application, without
notice or hearing. No additional extension shall be granted without complying with
the notice and hearing requirements for an initial application for a Conditional Use
Permit.
021500 5 Section 48
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CHAPTER 14. DISTILLER'S AND RECTIFIER'S PERMIT(D)
Sec. 14.01. AUTHORIZED ACTIVITIES. (a) The holder of a distiller's and rectifier's permit
may:
(1) manufacture distilled spirits;
(2) rectify, purify, and refine distilled spirits and wines;
(3) mix wines, distilled spirits, or other liquors;
(4) bottle, label, and package the permit holder's finished products;
(5) sell the finished products in this state to holders of wholesaler's permits and to
qualified persons outside the state;
(6) purchase [` ] distilled spirits, to be used only for manufacturing or rec-
tification purposes, from holders of nonresident seller's permits or distiller's and rectifier's permits; [and]
(7) dispense free distilled spirits for consumption on the permitted premises; under
Section 14.04; and
(8) if located in a wet area. sell distilled spirits to ultimate consumers under Section
IITIVIRT
NOTE: Section 14.01, subsection 8 added by Senate Bill 905, 83`d Legislature, Regular Session, 2013,
effective September 1, 2013.
this state.
NOTE: Section 14.01, subsection 8 Senate Bill 642, 83`d Legislature, Regular Session, 2013, effective
September 1, 2013.
eonsumption o the p .,.;t+®ip raow Co t; t i A f
(b) The privileges granted to a distiller and rectifier are confined strictly to distilled spirits
and wines manufactured and rectified under his permit.
NOTE: Subsection (c), Section 14.01, repealed by Senate Bill 905, 83`d Legislature, Regular Session,
2013, effective September 1, 2013.
Sec. 14.02. FEE. The annual state fee for a distiller's and rectifier's permit is $1,500.
Sec. 14.03. CONTINUANCE OF OPERATION AFTER LOCAL OPTION ELECTION.
The right of a distiller's and rectifier's permittee to continue in operation after a prohibitory local option
election is covered by Section 251.76 of this code.
Sec. 14.04. DISTILLED SPIRITS SAMPLING. (a) The holder of a distiller's and rectifier's
permit may conduct distilled spirits samplings on the permitted premises. The permit holder may dispense
free samples or collect a fee for the sampling.
(b) A sampling event authorized by this section may not be advertised except by on-site
communication or by direct mail.
(c) A person other than the holder of a permit or the holder's agent or employee may not
dispense or participate in the dispensing of distilled spirits under this section.
Texas Alcoholic Beverage Code (2013) 41
(d) A person authorized to dispense distilled spirits under this section may not:
(1) serve a person more than one sample of each brand of distilled spirits being
served at a sampling event; or
(2) serve a sample to a minor or to an obviously intoxicated person.
(e) Sample portions served at a distilled spirits sampling event may not exceed one-half
ounce.
(f) A person who receives a sample may not remove the sample from the permitted
premises.
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NOTE: Subsection (g), Section 14.04 repealed by Senate Bill 905, 83rd
Legislature, Regular Session,
2013, effective September 1, 2013.
Sec. 14.05. SALES TO ULTIMATE CONSUMERS. (a) The holder of a distiller's and
rectifier's permit may sell to ultimate consumers for consumption on the permitted premises distilled
spirits manufactured or rectified by the permit holder in an amount not to exceed 3,000 gallons annually.
(b) The holder of a distiller's and rectifier's permit may sell distilled spirits manufactured by the
permit holder to ultimate consumers for off -premises consumption in unbroken packages containingnot
more than 750 milliliters of distilled spirits for off -premises consumption in an amount not to exceed
3,500 gallons annually.
(c) The holder of a distiller's and rectifier's permit may not under Subsection (b) sell more than
two 750 milliliter bottles of distilled spirits or the equivalent to the same consumer within a 30 -day
period.
(d) A sale under Subsection b .
(1) may be made only to an individual who is physically present at the permit holder's
premises; and
(2) must be delivered to the purchaser in person during the purchaser's visit,
(e) A person may not make a purchase under Subsection (b) as an agent for another person.
(f) The permit holder must check a purchaser's identification and keep records of purchases in a
manner that enables the permit holder to comply with this section.
(g) A bottle of distilled spirits sold on the permit holder's premises under Subsection (b) must
bear a notice affixed to the bottle that:
(1) does not obscure the label approved by the Alcohol and Tobacco Tax and Trade
Bureau;
(2) states that the bottle is commemorative;
(3) states the month and year the bottle is sold, and
(4) is signed by an agent of the permit holder.
NOTE: Section 14.05 added by Senate Bill 905, 83d Legislature, Regular Session, 2013, effective
September 1, 2013.
Sec. 14.05. REPORT OF CERTAIN SALES. A holder of a distiller's and rectifier's permit
who sells distilled spirits to a holder of an industrial permit under Section 14.01(a)(8) shall keep records
of those sales in a manner prescribed by the commission or administrator.
Texas Alcoholic Beverage Code (2013) 42
i" $�•1e Section ,. � O. Els, Ar d? b Senate Bill 642,
,3 , !Lezglsiatiue,Regular v?; . eFfective,
September 1, 201 3
CHAPTER 15. DISTILLER'S AGENT'S PERTMj (D .)
Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a distiller's a ent's permit may:
(1) represent the holder of a distiller's and rectifier's permit
(2) solicit and take orders from a holder of a wholesaler's permit for the sale of distilled
spirits manufactured by the permit holder represented b the and
(3) conduct free distilled spirits tastings for consumers on the premises of the holder of a
package store permit.
Sec. 15.02. FEE. The annual state fee for a distiller's agent's permit is $10.
Sec. 15.03. EVIDENCE OF AGENCY OR EMPLOYMENT QUI D. A distiller's
agent's permit may not be issued to a person until the person shows to the satisfaction of the commission
that the person has been employed by or authorized to act as the agent of the permit holder the person
proposes to represent.
See. 15.04. SOLICITATION FROM OL ER OF MIXED BEVERAGE OR PRIVATE
CLUB PERMIT. A holder of a distiller's agent's permit may not solicit business directly or indirectly
from a holder of a mixed beverage permit or a private club registration permit unless the distiller's agent
is accompanied by the holder of a wholesaler's permit or the wholesaler's agent.
Sec. 15.05. UNAUTHORIZED REPRESENTATION. A holder of a distiller's agent's permit
in soliciting or taking orders for the sale of liquor ma n�present that the permit holder is an agent of
any person other than the person designated in the permit holder's application.
Sec. 15.06. GRACE PERIOD. A person may enf4a2e in the activities specified in Section 15.01
for an initial grace period of five days during which the person shall procure a distiller's agent's permit
from the commission.
CHAPTER 16. WINERY PERMIT (G)
Sec. 16.01. AUTHORIZED ACTIVITIES. (a) Except as provided by Section 16.011, the holder
of a winery permit may:
(1) manufacture, bottle, label, and package wine containing not more than 24 percent
alcohol by volume;
(2) manufacture fruit brandy and:
(A) use that brandy on the winery permit holder's permitted premises for
fortifying purposes only; or
(B) sell that brandy to other winery permit holders;
(3) import or buy fruit brandy from a permit holder authorized to manufacture fruit
brandy and use that brandy on the winery permit holder's permitted premises for fortifying purposes only;
(4) sell wine in this state to or buy wine from permit holders authorized to purchase and
sell wine, including holders of wholesaler's permits, winery permits, and wine bottler's permits;
(5) sell wine to ultimate consumers:
(A) for consumption on the winery premises; or
(B) in unbroken packages for off -premises consumption in an amount not to
exceed 35,000 gallons annually;
(6) sell the wine outside this state to qualified persons;
(7) blend wines; [and]
(8) dispense free wine for consumption on the winery premisesg and
(9)purchase and import wine from the holder of a nonresident seller's permit.
Texas Alcoholic Beverage Code (2013) 43
DRAFT COPY 10-21-14
Section 42. Supplementary District Regulations
A. TEMPORARY USES:
The following uses, which are classified as temporary uses, may be permitted by
the City Council in any district not to exceed a period of thirty (30) days except for
(g) which shall be issued for a period of one year or less, subject to compliance with
all other applicable City Ordinances:
(a) Carnivals
(b) Circus
(c) Fairgrounds
(d) Religious assemblies
(e) Sport events
(f) Political rallies
(g) Concrete mixing or batching plant used temporarily by contractors during the
construction of buildings or public improvements, and in such cases, the
period of time for which the use is granted may be for a period of time
provided in the contract for completion of such buildings or public
improvement, providing such temporary use is renewed annually.
(h) Armed forces displays
(i) Educational displays
(j) Temporary sales of merchandise by nonprofit organizations
(k) Temporary shelter for the homeless occupied by more than three (3) persons
unrelated by blood or marriage during periods of severe weather conditions
as determined by the Grapevine Office of Emergency Management in all
residential districts
2. A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a
residentially zoned district except for (g) which shall not be located closer than one
thousand (1,000) feet to a developed residentially zoned district.
3. Use of a parcel of property for any of the above listed uses at any time on any day
shall constitute a day's use. Use of a parcel of property for any of the above listed
061714 Section 42
uses for more than thirty (30) days except for concrete mixing or batching plants,
during any one year shall constitute a permanent use and such parcel or property
shall automatically again be subject to the district regulation of the zoning district in
which such parcel of property is located.
4. Permission may be granted for a period not to exceed seven (7) days by the city
Manager as a special privilege to civic organizations and other nonprofit
organizations to allow temporary uses (a), (b), (c), (d), (e), (h), (i), and (j) which shall
not be located closer than sixty (60) feet to a residentially zoned district.
5. Permission may be granted for a period not to exceed forty (40) days by the Director
of Community Development, to allow Christmas tree sales lots in all non-residential
zoning districts.
6. A building, electrical and/or plumbing permit, where determined applicable by the
Director of Community Development, for any temporary use approved under this
Section 42 shall be obtained from the Building Inspection Department prior to
commencement of such use. Section 60 and all other provisions of the Ordinance
determined to be applicable by the Director of Community Development shall be
complied with prior to the commencement of any approved temporary use.
7. Temporary concrete mixing or batching plants for use during the construction of
buildings or public improvements for thirty (30) days or less may be approved by the
Director of Community Development.
8. Temporary outside display and sales of merchandise, and food service may be
permitted on one occasion in any quarter of a calendar year for a period not to
exceed fourteen (14) consecutive days, subject to the following conditions:
(a) A plan must be submitted for approval by the Development Services Director
designating the area for outside display, sales and/or food service.
(b) The merchandise to be displayed or sold must be clearly related or incidental
to the current Certificate of Occupancy at the site. Itinerant vendors shall not
be permitted.
(c) Items for outside display within the festival area are to be approved by the
City of Grapevine Festival Committee.
(d) A minimum four (4) feet of clear sidewalk width shall be maintained at all
times and at no time shall required egress from the building be obstructed.
(e) Use of required parking areas for temporary outside display and sales shall
not negatively impact the ability to provide adequate parking on the subject
site nor shall it create a burden on surrounding properties or encourage
2
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DRAFT COPY 10-21-14
parking within the right-of-way. Approval for use of required parking areas
shall be at the discretion of the Development Services Director.
(f) An appropriate permit from the Health Department shall be required for any
food sales.
B. SALE OF ALCOHOLIC BEVERAGES:
Notwithstanding any other provision of this Ordinance the storage, possession, sale,
serving, or consumption of alcoholic beverages, except for the consumption of the
occupants or owners of the premises and their guests at no charge, when permitted
by the laws of the State of Texas, shall be regulated and governed by the following
use regulations and requirements:
DEFINITIONS: For the purpose of this Ordinance, the following words and phrases
shall have the meanings ascribed to them as follows:
(a) ALCOHOLIC BEVERAGE means alcohol, or any beverage containing more
than one-half of one percent of alcohol by volume, which is capable of use
for beverage purposes, either alone or when diluted.
(b) RESTAURANT shall mean a restaurant or eating establishment whose gross
sales in Grapevine from food on an annual basis at the location represent at
least fifty (50) percent of total sales with a Conditional Use as set out in
Section 48.
2. The storage, possession, sale or serving of alcoholic beverages by any party for
either on -premise or off -premise consumption, shall be illegal unless on property
zoned specifically for that purpose as a Conditional Use in accordance with and
pursuant to Section 48 of this Ordinance.
3. With the exception of wineries, wine tasting rooms, and breweries, and distilleries
no party shall sell or serve alcoholic beverages for on -premise consumption as the
holder of a duly issued Texas Alcohol Beverage Commission permit allowing on -
premise consumption except in a restaurant or on the premises of an entity whose
principal business is transporting of the general public and is operating pursuant to
a certificate of public convenience and necessity issued by a federal or state
regulatory body with a Conditional Use Permit in accordance with and pursuant to
Section 48.
4. The party or entity operating a restaurant or private club that permits the sale of
alcoholic beverages for on -premise consumption shall on an annual basis, no later
than the thirtieth day of the month following each twelve (12) months of operation,
file with the City Secretary an affidavit, on an officially approved form provided by
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the City Secretary, that reflects gross sales for the preceding twelve (12) months
breaking down the sales of food, alcoholic beverages and other items. The party
shall also file on an annual basis; at the same time the affidavit is filed, a copy of the
filing supplied to the State of Texas for sales tax and alcoholic beverage tax
purposes.
5. The holder of a permit which allows for the sale of beer and/or wine only, shall not
be permitted to offer any alcoholic beverage other than beer and/or wine on the
subject property through any method, including but not limited to, catering.
6. Any party or entity within the "GV" Grapevine Vintage District or "CBD" Central
Business District holding a State of Texas Alcohol Beverage Commission permit
allowing for the off -premise consumption of wine shall be required to offer for sale,
on the premises, wine by the bottle or case for purchase.
7. A Certificate of Occupancy shall be issued by the City's Building Inspection
Department at such time as the party complies with all aspects of this Zoning
Ordinance and all other applicable Ordinances. No Certificate of Occupancy may
be assigned or transferred and same is valid only as to the recipient. No party may
operate a restaurant or private club that is zoned pursuant to Section 42.13 and 49 of
this Ordinance without a valid and current Certificate of Occupancy.
8. (a) The City's Building Official, upon receipt of information from the City
Secretary that the holder of a Certificate of Occupancy under Section 42.13 of
this Ordinance has failed to comply with one or more of the requirements,
may cancel and terminate the party's Certificate of Occupancy by giving the
party written notice that specifies the violation.
The notice requirement from the City shall be satisfied by placing said notice
in the United States mail addressed to the last address provided in the City
by the entity or party that holds a Certificate of Occupancy. The notice from
the City shall state that the Certificate of Occupancy shall be canceled unless
the party or entity corrects the violation within thirty (30) days of receipt of the
notice except as hereinafter set out. However, a party or entity that submits
an annual report pursuant to Section 42.13.4. that does not satisfy the fifty
(50) percent requirement relating to food sales shall have the alternative of
filing monthly reports for a period of six (6) months. The monthly reports
shall contain the same information and be in the same form as the annual
reports except that said monthly reports shall reflect an accumulation of total
sales for the preceding twelve-month period reflected in the annual report
added to the monthly sales.
(b) The party or entity submitting the monthly reports shall be deemed to have
satisfied the Section 42.8. requirements if the monthly reports on or before
the final sixth month reports filing show total sales from food to be at least
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(c) Failure to file the monthly reports or failure to satisfy the food sales
requirements by the end of the six-month period shall result in cancellation of
the certificate of occupancy without the necessity of further notice.
C. ACCESSORY BUILDINGS:
An accessory building not exceeding one story in height may occupy not more than
sixty (60) percent of a minimum required rear yard.
2. An accessory building exceeding one story or more in height may occupy not more
than forty (40) percent of a minimum required rear yard.
3. An accessory building attached to the main building shall be made structurally a part
and have a common wall with the main building and shall comply in all respects with
the requirements of this Ordinance applicable to the main building. Unless so
attached, an accessory building in a residential district shall be located on the rear
one-half of the lot and at least ten (10) feet from any dwelling or building existing or
under construction on the same lot or any adjacent lot. In all residential districts, a
building or structure attached to the principal building or structure by only a
breezeway having a maximum width of six (6) feet shall be considered as being a
detached accessory building or structure. No accessory building shall be located
nearer than three (3) feet to any side or rear lot line. In the case of a corner lot, no
accessory building shall be located within any side yard required on the street side.
A garage, detached from the main building, may be located no nearer than six (6)
feet to any rear lot line and shall be subject to the same side yard requirements as
the principal structure.
4. No swimming pool shall be located nearer than six (6) feet to any rear lot line and
shall be subject to the same side yard requirements as the principal structure.
Below ground swimming pools may be located no nearer than six (6) feet to the side
lot line adjacent to the street. On corner lots that require a side yard to be the same
as required for the front yard, pools shall be located no nearer than fifteen (15) feet
to the side lot line adjacent to the street. Swimming pools may be located nearer
than ten (10) feet from any dwelling or building existing as long as the excavation of
the swimming pool does not in any way harm or endanger the existing building or
dwelling.
D. CORNER LOTS: On corner lots, the side yard on the street side shall be the same as
required for the front, except on corner lots adjacent to a segment of a side street upon
which no property fronts, said segment being defined as that portion of a street between
one street intersection and the next, the minimum side yard shall be fifteen (15) feet. This
regulation shall not be so interpreted as to reduce the buildable width of a corner lot of
twenty-eight (28) feet, nor to prohibit the erection of an accessory building on such lot
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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.
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Vineyard.
B. ACCESSORY USES: The following uses shall be permitted as accessory uses to
those uses listed in Section C. Conditional Uses:
1. 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.
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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
42.13. 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 42.13. 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.
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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 (125) feet.
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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
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surrounding oproperty dictate a need to require such methods
order to protect such property and to further provide protection for the
general health, welfare and morals of the community in general.
Ml`]W
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 50.13.3.
4. Due to the development nature of the Grapevine Vintage District, it is
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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.)
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