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HomeMy WebLinkAboutORD 2000-047 ORDINANCE NO. 2000-47 AN ORDINANCE 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 CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 12 DEFINITIONS; SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT; SECTION 29 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT; AND SECTION 32 "BP" BUSINESS PARK DISTRICT, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine has proposed several amendments to the Official Zoning Map of the City of Grapevine, Texas and has submitted same to the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances 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 the requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the areas immediately surrounding the effected zoning districts; 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 neighborhoods, 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 uses around the effected zoning districts and in the immediate neighborhoods, adequacy of parking, location of ingress and egress points for parking, and protection of public health and the general welfare, effect on light and air, 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 the requested changes 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, the 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, the City Council further considered among other things the character of the effected zoning districts and their peculiar suitability for particular uses and with the view to conserve the value of buildings, 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 proposed zoning ordinance amendments, that the public demands it, that the public interest clearly requires the amendment, that the zoning ordinance amendments do not unreasonably invade the rights of those who bought or improved property with reference to the classifications which existed at the time their original investment was made; and does find that the changes in the zoning ordinance lessen the congestion in the streets, help secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, hotels present unique public health and safety concerns relative to fire protection, which concerns can be addressed by regulating the minimum space of hotel facilities as such regulation ensures adequate access and safety for Fire Department personnel and sufficient ventilation and emergency exit access at hotels; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for these changes in the zoning ordinance and has also found and determined that there has been a change in the conditions of the effected zoning districts and surrounding properties since their original classification; and, therefore, feels that changes in the zoning ordinance are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Grapevine, Texas and help promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. ORD. NO. 2000-47 2 Section 2. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the Code of Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" are not amended but are hereby ratified, verified and affirmed: A. That Section 12 Definitions is amended by the addition of Subsection A.29a to read as follows: "29a. BED AND BREAKFAST FACILITY shall mean an accessory use to a single-family dwelling unit in which no more than twelve (12) rooms in the principal residential structure are set aside for guest clients; breakfast is available on-site to only such guest clients at no extra cost; length of stay of guest clients ranges from one (1) to thirty (30) days; and the owner/operator of the principal structure resides on- site. Bed and breakfast homestay does not include uses such as motels, hotels, community residential homes, boarding or lodging houses, apartment dwellings, guest cottages or single-family dwelling transient rental." B. That Section 12 Definitions, Subsection A.197 is amended in its entirety to read as follows: "197. HOTEL OR MOTEL shall mean a building or arrangement of buildings, in which there are thirteen or more guestrooms used, designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually occupied singly for hire, in which there are not provisions for cooking in individual rooms or apartments. Access to guestrooms shall be restricted exclusively to interior corridors. These corridors shall be accessed via the main lobby of the building or entryways individually equipped with some form of security controlled access system." C. That Section 25 "CC" Community Commercial District Regulations, Subsection A.7 is deleted in its entirety. D. That Section 25 "CC" Community Commercial District Regulations is amended by the addition of Subsection C.17 to read as follows: "17. Hotels and motels. Hotels approved prior to April 18, 2000, shall be deemed a lawful, permitted use and shall have the same status as that authorized pursuant to this Ordinance; provided, however, no such building, structure, or use shall be altered, changed or ORD. NO. 2000-47 3 expanded unless a conditional use permit therefore has been granted pursuant to this ordinance." E. That Section 25 "CC" Community Commercial District Regulations is amended by the addition of Subsection M.7 to read as follows: "7. Hotel/motel facilities are required to meet the following standards: a. Each guestroom shall have a minimum area of 380 sq. ft. b. A full service restaurant with full kitchen facilities and which provides service to the general public shall be required. c. On-site staff is required 24-hours a day, seven days a week. d. The following amenities shall be provided: 1. A minimum of 1,000 sq. ft. of meeting or conference room or a ratio of 3 sq. ft of conference room per guest room, whichever is greater; 2. A swimming pool with a minimum area of 1,000 sq. ft." F. That Section 26 "HC" Highway Commercial District is amended by the addition of Subsection C.21 to read as follows: "21. Hotels and motels. Hotels approved prior to April 18, 2000, shall be deemed a lawful, permitted use and shall have the same status as that authorized pursuant to this Ordinance; provided, however, no such building, structure, or use shall be altered, changed or expanded unless a conditional use permit therefore has been granted pursuant to this ordinance." G. That Section 26 "HC" Highway Commercial District is amended by the addition of Subsection M.9 to read as follows: "9. Hotel/motel facilities are required to meet the following standards: a. Each guestroom shall have a minimum area of 380 sq. ft. b. A full service restaurant with full kitchen facilities and which provides service to the general public shall be required. c. On-site staff is required 24-hours a day, seven days a week. d. The following amenities shall be provided: 1. A minimum of 1,000 sq. ft. of meeting or conference room or a ratio of 3 sq. ft of conference room per guest room, whichever is greater; 2. A swimming pool with a minimum area of 1,000 sq. ft." H. That Section 29 "HCO" Hotel and Corporate Office District, Subsection A.1 is deleted in its entirety. ORD. NO. 2000-47 4 That Section 29 "HCO" Hotel and Corporate Office District is amended by the addition of Subsection C.8 to read as follows: "8. Hotels and motels. Hotels approved prior to April 18, 2000, shall be deemed a lawful, permitted use and shall have the same status as that authorized pursuant to this Ordinance; provided, however, no such building, structure, or use shall be altered, changed or expanded unless a conditional use permit therefore has been granted pursuant to this ordinance." J. That Section 29 "HCO" Hotel and Corporate Office District is amended by the addition of Subsection M.7 to read as follows: "7. Hotel/motel facilities are required to meet the following standards: a. Each guestroom shall have a minimum area of 380 sq. ft. b. A full service restaurant with full kitchen facilities and which provides service to the general public shall be required. c. On-site staff is required 24-hours a day, seven days a week. d. The following amenities shall be provided: 1. A minimum of 1,000 sq. ft. of meeting or conference room or a ratio of 3 sq. ft of conference room per guest room, whichever is greater; 2. A swimming pool with a minimum area of 1,000 sq. ft." K. That Section 32 "BP" Business Park District, Subsection A.15 is deleted in its entirety. L. That Section 32 "BP" Business Park District is amended by the addition of Subsection C.5 to read as follows: "5. Hotels and motels. Hotels approved prior to April 18, 2000, shall be deemed a lawful, permitted use and shall have the same status as that authorized pursuant to this Ordinance; provided, however, no such building, structure, or use shall be altered, changed or expanded unless a conditional use permit therefore has been granted pursuant to this ordinance." M. That Section 32 "BP" Business Park District is amended by the addition of Subsection M.6 to read as follows: "6. Hotel/motel facilities are required to meet the following standards: a. Each guestroom shall have a minimum area of 380 sq. ft. b. A full service restaurant with full kitchen facilities and which provides service to the general public shall be required. c. On-site staff is required 24-hours a day, seven days a week. ORD. NO. 2000-47 5 d. The following amenities shall be provided: 1. A minimum of 1,000 sq. ft. of meeting or conference room or a ratio of 3 sq. ft of conference room per guest room, whichever is greater; 2. A swimming pool with a minimum area of 1,000 sq. ft." Section 3. 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) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 4. 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 of 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 5. 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 passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of April, 2000. APPROVED: William D. Tate ATTEST: Mayor & uff City Secretary ORD. NO. 2000-47 6 APPROVED AS TO FORM: John F. Boyle, Jr. / City Attorney ORD. NO. 2000-47 7