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HomeMy WebLinkAboutAM2022-05AM22-05.4.docx 1 TO: HONORABLE MAY, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: SEPTEMBER 20, 2022 SUBJECT: CONSIDER AMENDMENTS AND CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE, NO. 82-73, SAME BEING APPENDIX D OF THE CODE OF ORDINANCES AS FOLLOWS: SECTION 26, HIGHWAY COMMERCIAL DISTRICT RELATIVE TO MINIMUM BUFFER YARD AND REAR SETBACK REQUIREMENTS BETWEEN COMMERCIAL USES AND ADJACENT RESIDENTIAL DISTRICTS, AND ANY OTHER ADDITIONS, DELETIONS, OR CHANGES TO VARIOUS SECTIONS, ARTICLES, AND PROVISIONS CONTAINED IN SAID ORDINANCE NO. 82-73. RECOMMENDATION: Staff recommends the Planning and Zoning Commission and City Council consider the amendments to Section 26, Highway Commercial District relative to minimum buffer yard and rear setback requirements between new commercial uses and adjacent residential districts and take any other action necessary. BACKGROUND: In 1984 the City rezoned the entire city which is summarized in each zoning application’s agenda memorandum. At that time, a segment of East Northwest Highway, on the south side of the highway, between Dooley Street and Jenkins Street was identified as having special attributes related to lot shallowness and therefore, needed accommodations to allow for future redevelopment of these properties. Specifically, Subsections 26.F.3., Minimum Open Space, 26.F.4., Maximum Impervious Surface, and 26.G.3, Front Yard requirements of the Zoning Ordinance are not required for properties that redevelop along this segment of East Northwest Highway. While this is a recognized special accommodation, no properties within this segment have completely redeveloped, meaning all improvements have been razed and new development has occurred. ISSUES: Subsections 26.G.5, Rear Yards, 26.H, Buffer Area Regulations and 26.M.4, Design Requirements still apply to properties along this roadway segment which requires a rear yard setback equivalent to the adjacent zoning district, an opaque screening fence or wall between non-residential uses and residential districts, and a 20-foot wide buffer strip between “HC” designated properties and a residentially zoned property(ties). The average lot depth for properties between Dooley Street and Jenkins Street is 110 feet AM22-05.4.docx 2 deep when a 290-feet deep lot is removed due to its double-frontage configuration from East Northwest Highway and East Wall Street. Therefore, redevelopment of a typical lot within this area will result in approximately 18 percent of the developable area of the lot being reserved for a rear yard setback and open space. With the continued demand for residential in and adjacent to the city’s Historical Township, several properties on the north side of East Wall Street have been rezoned from the “HC”, Highway Commercial District to “R-7.5” or “R-5.0”, Single-Family Districts over the last 10 years. As this trend has continued, both Planning Services staff and property owners have raised concerns regarding the ability to improve these specific properties without further special accommodations. On July 19, 2022, the Planning and Zoning Commission held a workshop to discuss the issues above. The Commission recognized that the East Northwest Highway segment was unique in configuration and provided the following feedback: • Recognition that there is a demand for residential housing along East Wall Street to the south; • A suggestion that buildings within the “HC” district along this segment of East Northwest Highway be limited to one story or a more restrictive height than typically required in the “HC” district in other locations; • A suggestion that buildings that are two-stories in height within the “HC” district along this segment of East Northwest Highway, have a prohibition on windows on the second floor facing adjacent residential zones; • A desire to have solid opaque screening remain a requirement between new non-residential development and adjacent residential zones; Attached is a Geographic Information System (GIS) map detailing the existing conditions mentioned above and the proposed draft revisions depicted in a strikethrough/underline format to show deletions and insertions found in Section 26, “HC”, Highway Commercial District of the Zoning Ordinance. /em Deletions – RED Strikethrough Insertions – BLUE Underline AM22-05.4 - Exihibit 1 - Amendments HC and Bufferyards.docx – Exhibit 1 1 DRAFT Section 26, “HC”, Highway Commercial District Subsection 26.G.5, Rear Yards G. REAR YARD: A rear yard equivalent to the adjacent or contiguous district shall be provided. Provided, however, there shall be no rear yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. A screen shall be provided regardless of the adjacent or contiguous district in accordance with the provisions of Section 50 of this Ordinance. Subsection 26.H, Buffer Area Regulations H. BUFFER AREA REGULATIONS: When an HC District abuts a Residential District, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 50 of this Ordinance. Provided, however, there shall be no buffer yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. A screen shall be provided regardless of building height or buffer yard in accordance with the provisions of Section 50 of this Ordinance. Subsection 26.I.1, Height I. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty-five (35) feet. Principal structures located adjacent to an R-20, R- 12.5, or R-7.5, or R-5.0 District shall not exceed one (1) floor level and twenty (20) feet in height, 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. 2. No accessory structure shall be erected or altered to a height exceeding fifteen (15) feet. Subsection 26.M.4, Design Requirements M. DESIGN REQUIREMENTS: The following design requirements shall apply in the HC District: 1. Refuse disposal areas shall be landscaped and screened from view. Deletions – RED Strikethrough Insertions – BLUE Underline AM22-05.4 - Exihibit 1 - Amendments HC and Bufferyards.docx – Exhibit 1 2 2. Mechanical and electrical equipment, including air conditioning units, shall be designed, installed, and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. 3. Lighting shall be designed to reflect away from any adjacent residential area. 4. Whenever an HC Highway Commercial District is adjacent to any residentially zoned district, a buffer strip, at least twenty (20) feet in width shall be provided between the two (2) districts. A wall, fence, or berm shall be erected to effectively screen the HC District from the residential area and no streets, alley, vehicular storage area or use shall be permitted in the required buffer strip. Provided, however, there shall be no buffer yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. 9/1/22, 4:15 PM Adportal Self Service Advertising Confirmation THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation. ORDER DETAILS PREVIEW FOR AD NUMBER IPL00884990 Order Number: CITY OF GRAPEVINE, TEXAS IPL0088499 On Tuesday evening, September 20, External Order #: External 022 at 730 P. 1. In the City oun- Order Status: cil Chambers, 2nd Floor, 200 South Submitted fain Street, Grapevine, Texas. the Classification: City Council and Planning and Zoning Legals & Public Notices Commission of the City of Grapevine Package: will hold a public hearing to consider FTW - Legal Ads the following i leiYl : Final Cost: AM22-0 : AMENDMENTS TO COM- 270.96 PREHEN IVE ZONING ORDINANCE Payment Type: 82-78 — The City Council and the Account Billed Commission sion wi-11 consider am nd- User ID: m nts and changes to the Compre- IPL0024566 pensive Zoning Ordinance, No. 82-7 , same being Appendix D of the Code ACCOUNT INFORMATION of Ordinances as follows: Section 26. Highway Commercial District rela- CITY OF GRAPEVINE SECRETARY IP tive to min innur l buffer yard and rear PO BOX 95104 setback requirements between new GRAPEVINE, TX 76099-9704 commercial uses and adjacent Resl- 817-410-3117 dential Districts, and any Other iddl- tbrooks@grapevinetexas.gov tlQfl, deletions, or charges t0 �rariOLJ CITY OF GRAPEVINE SECRETARY sections, articles, and provisions con- tained In said Ordinance No. 82-78. TRANSACTION REPORT 122-01 ; AMENDMENTS TO COM- PREHENSIVE ZONING ORDINANCE Date 82-78 — The City Council and the September 1, 2022 1:05:22 PM EDT Gommission Will consider annend- Amount: ments and changes to the Coinpre- 299.82 hensive Zoning Ordinance, No. 82-7& Date September 1, 2022 5:15:32 PM EDT same beings Appendix D of the Code Amount: of Ordinances as follows: Section 12; (28.86) Definitions, Section 25, LCC,r, Com- munity Commercial District, Section 20r °`HU, Highway Commercial Dis- SCHEDULE FOR AD NUMBER IPL00884990 trlct, Section 2 ail iHotel c'1C1 , Corporate Office District, Section 82, September 4, 2022 'TAP` PU i in4a-_� P-irk- Di.qtrint, pr-tir�n https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=81291 &returnto= 1/3 9/1/22, 4:15 PM Adportal Self Service Advertising Confirmation 11I 11 }A 3JIL IVA..FV I Lit F} L/IVl1 i}i4} tiJ 1.IV41 V1 I Fort Worth Star -Telegram 41 'Planned Development Overlay, and Section 56, Off -Street Parking Requirements relative to the Hotel or Motel and Boutique Hotel definitions, use -specific and other development standards, parking requirementSr and any other additions, deletions, or charges to various sections, articles. and provisions contained in said rdi- nance No. -7 , U22- 5; Balkan Garden Bistro - submitted by Glazer Properties for property located at 2140 Hall John- son Road r Suite 118 and platted as Block 1, Lot 2, Hall -Johnson ad- dition. The applicant is requesting a conditional use permit to arnend the previously approved site plan of U14-24 (Ord. 2014-34) to allow the possession. storage. retail sale. and on- and off -premise consumption of alcoholic beverages (beer, vine, and mined -beverages) and to remove the retaining wall at the rear of the proper- ty in order to provide additional part- ing in conjunction With a restaurant. The property is currently zoned "CC", Community Commercial District and owned by Heritage Crossing Dallas, TIC. LL. U22-41; f oxie Scooters - submit- ted by Ridinger associates, Inc. for property located at 503 best North - vest Highway. platted as Lot 2RF Floyd Harris Subdivision. The applicant is requesting a conditional use permit to allow a motorcycle dealership With sales and service of new and used motorcycles, scooters, and other equipment and a 17 foot. 6 inch tall pale sign. The property is currently zoned "H ". Highway Commercial District and owned by Wright Century Oak Properties. LL. HL 2-03: 211 & 215 East Wafj Street https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=81291 &returnto= 2/3 9/1/22, 4:15 PM Adportal Self Service Advertising Confirmation - su mitled by Ronny Park for prop- erlies located at 211 & 215 East Wall Slreel in the Leonard Archibald Sur- vey, Abstract 946 . Track 40 and 40A1. The applicant is requesting designa- tion as a Historical Landmark sub -dis- trict. Such sub -district may include build- ing, land, areas, or districts of histor- ical, architectural, archaeological or cultural importance or value that merit protection, enhancement, and pres- ervation in the interest of the CUlItUre. prosperity, education. and welfare of the people. The property is currently zoned "H", Highway Comme rcia I District and owned by Gr8 Green Properties, LL. After all parties have been given an opportunity to spear, the public hear- ing will be closed and the Commission and the City OUnd] will deliberate the pending matters. Please contact Planning Services De- partmen'l concerning any questions, 200 S. Main Street, Grapevine, Texas 76051 or PO Box 9 104. Grapevine. Texas 76099, 817-410-3155. A copy of the site plan for all the above ref- erenced requests is on file with the Planning Services Department. IPLOO88499 Sep 4 2022 << Click here to print a printer friendly version >> https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=81291 &returnto= 3/3 ORDINANCE NO. 2022-062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING SECTION 12, DEFINITIONS, SECTION 25, "CC", COMMUNITY COMMERCIAL DISTRICT, SECTION 26, HC", HIGHWAY COMMERCIAL DISTRICT, SECTION 29, HCO", HOTEL AND CORPORATE OFFICE DISTRICT, SECTION 32, "BP", BUSINESS PARK DISTRICT; SECTION 41, PLANNED DEVELOPMENT OVERLAY, AND SECTION 56, OFF-STREET PARKING REQUIREMENTS RELATIVE TO THE HOTEL OR MOTEL AND BOUTIQUE HOTEL DEFINITIONS, USE -SPECIFIC AND OTHER DEVELOPMENT STANDARDS, PARKING REQUIREMENTS (AM22-01); REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 12 of the Zoning Ordinance of the City of Grapevine regulates the Definitions of uses; Section 25, Community Commercial District regulates Land Uses and Bulk, Dimensional, and Setback standards within the Community Commercial District; Section 26, Highway Commercial District regulates Land Uses and Bulk, Dimensional, and Setback standards within the Highway Commercial District; Section 29, Hotel and Corporate Office District regulates Land Uses and Bulk, Dimensional, and Setback standards within the Hotel and Corporate Office District; Section 32, Business Park District regulates Land Uses and Bulk, Dimensional, and Setback standards within the Hotel and Corporate Office District; Section 41, Planned Development Overlay regulates Planned Development Overlays; and Section 56, Off -Street Parking Requirements regulates parking standards; and WHEREAS, the City Council wishes to amend Section 12, Section 25, Section, 26, Section 29, Section, 32, Section 41 and Section 56 of the Zoning Ordinance; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Section 12 of the Zoning Ordinance — "Definitions", is hereby amended by revising 29a. BED AND BREAKFAST FACILITY shall mean an accessory use to a single-family dwelling in which no more than 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 to 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, multifamily residential dwellings, guest cottages or single-family dwelling transient rental. 197. HOTEL OR MOTEL shall mean a building or arrangement of buildings on one lot, in which there are 13 or more guestrooms used, designed and occupied as a temporary lodging place of individuals with or without meals, in which the rooms are individually rented. 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. 33a. BOUTIQUE HOTEL shall mean a building or arrangement of buildings on one lot, in which there are a minimum of 13 guestrooms, but not exceeding 125 guestrooms designed to blend into a community and reflect the visual design aesthetics tied to the local area around them. These lodging facilities are smaller in size, have a unique character, focus attention on design aesthetics, are located in distinct districts, offer high levels of services, provide authentic cultural and historic experiences, and exceptional guest services." Section 3. Subsection 25 of the Zoning Ordinance — "Community Commercial District", is hereby amended by revising Subsection (C) shall read as follows 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. 26. Boutique Hotel." Section 4. Subsection 25 of the Zoning Ordinance — "Community Commercial District", is hereby amended by revising Subsection (M)(7) shall read as follows Ordinance No. 2022-062 2 7. Hotel/motel facilities are required to meet the following standards clearly designated on the approved site plan: a) Each guestroom shall have a minimum area of three hundred thirty (330) square feet. b) On -site staff is required 24-hours a day, seven days a week. c) A minimum room count of 200 rooms. d) A swimming pool, indoor or outdoor, with a minimum area of 1,000 square feet. e) If developing multiple buildings on one lot, the buildings must be conjoined and architecturally integrated and cannot appear to be separate buildings externally or internally. Construction of multiple buildings must occur at one time and cannot be phased. Hotel or Motel facilities are required to provide at least four (4) of the following features clearly designated on the approved site plan: a) A full -service restaurant with full kitchen facilities and which provides services to the general public; b) A warming kitchen intended for the preparation, staging and sale of food by a caterer brought to the establishment from off -site to serve or foodservice options including the offering of prepared and packaged foods; c) A minimum 4,000 square foot meeting or conference room space; d) A full -service indoor gym exercise facility with fitness equipment; e) Spa and wellness area a minimum of 1,000 square feet providing services such as haircare, skin treatment, massages, other body treatments, and meditation; f) Outdoor flexible space a minimum 2,500 square feet intended for dining, entertaining or relaxation, including but not limited to: a patio with sitting area and furniture, outdoor dining, or outdoor exercise area, and g) Outdoor recreation and play space a minimum of 2,500 square feet, such as a playground with permanent playground equipment, basketball court, volleyball court, tennis court, pickle ball court, etc." Section 5. Subsection 26 of the Zoning Ordinance — "Highway Commercial District', is hereby amended by revising Subsection (C) shall read as follows 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. 30. Boutique Hotel." Section 6. Subsection 26 of the Zoning Ordinance — "Highway Commercial District', is hereby amended by revising Subsection (M)(9) shall read as follows 9. Hotel/motel facilities are required to meet the following standards clearly designated Ordinance No. 2022-062 3 on the approved site plan: a) Each guestroom shall have a minimum area of three hundred thirty (330) square feet. b) On -site staff is required 24-hours a day, seven days a week. c) A minimum room count of 200 rooms. d) A swimming pool, indoor or outdoor, with a minimum area of 1,000 square feet. e) If developing multiple buildings on one lot, the buildings must be conjoined and architecturally integrated and cannot appear to be separate buildings externally or internally. Construction of multiple buildings must occur at one time and cannot be phased. Hotel or Motel facilities are required to provide at least four (4) of the following features clearly designated on the approved site plan: a) A full -service restaurant with full kitchen facilities and which provides services to the general public; b) A warming kitchen intended for the preparation, staging and sale of food by a caterer brought to the establishment from off -site to serve or foodservice options including the offering of prepared and packaged foods, c) A minimum 4,000 square foot meeting or conference room space; d) A full -service indoor gym exercise facility with fitness equipment; e) Spa and wellness area a minimum of 1,000 square feet providing services such as haircare, skin treatment, massages, other body treatments, and meditation; f) Outdoor flexible space a minimum 2,500 square feet intended for dining, entertaining or relaxation, including but not limited to: a patio with sitting area and furniture, outdoor dining, or outdoor exercise area; and g) Outdoor recreation and play space a minimum of 2,500 square feet, such as a playground with permanent playground equipment, basketball court, volleyball court, tennis court, pickle ball court, etc." Section 7. Section 29 of the Zoning Ordinance - "Hotel and Corporate Office District", is hereby amended by revising Subsection (C) shall read as follows: 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. 11. Boutique Hotel." Section 8. Subsection 29 of the Zoning Ordinance — "Hotel and Corporate Office District", is hereby amended by revising Subsection (M)(7) shall read as follows 7. Hotel/motel facilities are required to meet the following standards clearly designated on the approved site plan: Ordinance No. 2022-062 4 a) Each guestroom shall have a minimum area of three hundred thirty (330) square feet. b) On -site staff is required 24-hours a day, seven days a week. c) A minimum room count of 200 rooms. d) A swimming pool, indoor or outdoor, with a minimum area of 1,000 square feet. e) If developing multiple buildings on one lot, the buildings must be conjoined and architecturally integrated and cannot appear to be separate buildings externally or internally. Construction of multiple buildings must occur at one time and cannot be phased. Hotel or Motel facilities are required to provide at least four (4) of the following features clearly designated on the approved site plan: a) A full -service restaurant with full kitchen facilities and which provides services to the general public; b) A warming kitchen intended for the preparation, staging and sale of food by a caterer brought to the establishment from off -site to serve or foodservice options including the offering of prepared and packaged foods; c) A minimum 4,000 square foot meeting or conference room space; d) A full -service indoor gym exercise facility with fitness equipment; e) Spa and wellness area a minimum of 1,000 square feet providing services such as haircare, skin treatment, massages, other body treatments, and meditation; f) Outdoor flexible space a minimum 2,500 square feet intended for dining, entertaining or relaxation, including but not limited to: a patio with sitting area and furniture, outdoor dining, or outdoor exercise area; and g) Outdoor recreation and play space a minimum of 2,500 square feet, such as a playground with permanent playground equipment, basketball court, volleyball court, tennis court, pickle ball court, etc." Section 9. Section 32 of the Zoning Ordinance - "Business Park District", is hereby amended by revising Subsection (C) shall read as follows: 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. 11. Boutique Hotel." Section 10. Subsection 32 of the Zoning Ordinance — "Business Park District", is hereby amended by revising Subsection (M)(6) shall read as follows 6. Hotel/motel facilities are required to meet the following standards clearly designated on the approved site plan: Ordinance No. 2022-062 5 a) Each guestroom shall have a minimum area of three hundred thirty (330) square feet. b) On -site staff is required 24-hours a day, seven days a week. c) A minimum room count of 200 rooms. d) A swimming pool, indoor or outdoor, with a minimum area of 1,000 square feet. e) If developing multiple buildings on one lot, the buildings must be conjoined and architecturally integrated and cannot appear to be separate buildings externally or internally. Construction of multiple buildings must occur at one time and cannot be phased. Hotel or Motel facilities are required to provide at least four (4) of the following features clearly designated on the approved site plan: a) A full -service restaurant with full kitchen facilities and which provides services to the general public; b) A warming kitchen intended for the preparation, staging and sale of food by a caterer brought to the establishment from off -site to serve or foodservice options including the offering of prepared and packaged foods; c) A minimum 4,000 square foot meeting or conference room space; d) A full -service indoor gym exercise facility with fitness equipment; e) Spa and wellness area a minimum of 1,000 square feet providing services such as haircare, skin treatment, massages, other body treatments, and meditation; f) Outdoor flexible space a minimum 2,500 square feet intended for dining, entertaining or relaxation, including but not limited to: a patio with sitting area and furniture, outdoor dining, or outdoor exercise area; and g) Outdoor recreation and play space a minimum of 2,500 square feet, such as a playground with permanent playground equipment, basketball court, volleyball court, tennis court, pickle ball court, etc." Section 11. Section 41 of the Zoning Ordinance - "Planned Development Overlay", is hereby amended by revising Subsection (D) shall read as follows.- D. LIMITATION OF USES: Uses prohibited shall be those uses specifically prohibited within the underlying zoning district. The following uses are expressly prohibited within a PD" Planned Development Overlay and cannot be established as a permitted, conditional, or accessory use under any circumstances: 1. Freight forwarding warehouses 2. Outside storage of material/equipment 3. Retail establishments for used car sales and service 4. Commercial parking lots 5. Automotive repair garages 6. Salvage/wrecking yards 7. Retail sales of building material displayed in an unenclosed or incompletely enclosed area with outside storage Ordinance No. 2022-062 6 8. Those uses specifically designated in LI" Light Industrial District 9. Off-premise/billboard signage 10. Pawn shops 11. All uses listed in Section 49, Special 12. Bed and Breakfast" paragraph D. Limitation of Uses in Section 31, Uses Section 12. Section 56 of the Zoning Ordinance - "Off -Street Parking Requirements", is hereby amended by revising Subsection (C)(1) to shall read as follows Hotels or Motels: 1 parking space per guestroom for a hotel/motel with no restaurant or meeting facilities; 1.25 parking spaces per guestroom of a hotel/motel with restaurant or meeting facilities. The minimum number of parking spaces may be varied subject to and conditions approval of a conditional use permit, pursuant to Section 48 of this ordinance and an approved site plan." Section 7. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Section 8. Any person, firm or corporation 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 ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance 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 10. 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 public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. Ordinance No. 2022-062 7 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of September, 2022. APPROVED: William . Tate Mayor ATTEST cjl 12 ,IL Tara Brooks City Secretary APPROVED AS TO FORM: y). k Matthew C.G. Boyle City Attorney Ordinance No. 2022-062 8 ORDINANCE NO. 2022-061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AM22-05 AMENDING SECTION 26, HIGHWAY COMMERCIAL DISTRICT, RELATIVE TO MINIMUM BUFFER YARD AND REAR SETBACK REQUIREMENTS BETWEEN COMMERCIAL USES AND ADJACENT RESIDENTIAL DISTRICTS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 26 of the Zoning Ordinance of the City of Grapevine regulates the Highway Commercial District of the Zoning Ordinance; and WHEREAS, the City Council wishes to amend Section 26 of the Zoning Ordinance; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Section 26 of the Zoning Ordinance - "Highway Commercial District" is hereby amended by revising Subsection (G)(5) to shall read as follows: G. 5. REAR YARD: A rear yard equivalent to the adjacent or contiguous district shall be provided. Provided, however, there shall be no rear yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. A screen shall be provided regardless of the adjacent or contiguous district in accordance with the provisions of Section 50 of this Ordinance." Section 3. Section 26 of the Zoning Ordinance - "Highway Commercial District", is hereby amended by revising Subsection (H) to shall read as follows: H. BUFFER AREA REGULATIONS: When an HC District abuts a Residential District, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 50 of this Ordinance. Provided, however, there shall be no buffer yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. A screen shall be provided regardless of building height or buffer yard in accordance with the provisions of Section 50 of this Ordinance." Section 4. Section 26 of the Zoning Ordinance - "Highway Commercial District" is hereby amended by revising Subsection (1)(1) to shall read as follows: I. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty-five (35) feet. Principal structures located adjacent to an R-20, R- 12.5, or R-7.5, or R-5.0 District shall not exceed one (1) floor level and twenty (20) feet in height, 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." Section 5. Section 26 of the Zoning Ordinance - "Highway Commercial District" is hereby amended by revising Subsection (M)(4) to shall read as follows: M. DESIGN REQUIREMENTS: The following design requirements shall apply in the HC District: 4. Whenever an HC Highway Commercial District is adjacent to any residentially zoned district, a buffer strip, at least twenty (20) feet in width shall be provided between the two (2) districts. A wall, fence, or berm shall be erected to effectively screen the HC District from the residential area and no streets, alley, vehicular storage area or use shall be permitted in the required buffer strip. Provided, however, there shall be no buffer yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street." Section 7. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Ordinance No. 2022-061 2 Section 8. Any person, firm or corporation 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 ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance 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 10. 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 public creates an emergency which requires that this ordinance 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 20th day of September, 2022. APPROVED: William D`-Tate Mayor ATTEST Tara Books City Secretary APPROVED AS TO FORM: Tk k)' Q.. Matth w G. Boyle City Attorney Ordinance No. 2022-061 3