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HomeMy WebLinkAboutAM2007-05YA,Z ITRA OP __� MEMO TO: MEMBERS OF THE PLANNING AND ZONING COMMISSION FROM: SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR RON STOMBAUGH, PLANNING & DEVELOPMENT MANAGER pg jii�j' il 11,11 SUBJECT: AM07-05—ZONING ORDINANCE AMENDMENT TO SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT RELATIVE TO RESTAURANTS AS A CONDITIONAL USE Staff recommends the Planning and Zoning Commission consider the amendment to Section 28, "CBD" Central Business District relative to requiring all future restaurants within the district to seek approval of a conditional use permit, and take any other action necessary. As the ordinance is currently written, restaurants, including those with outside dining are permitted uses, i.e. allowed without Planning and Zoning Commission/City Council approval within the "CBD" Central Business District; restaurants with on -premise alcohol beverage sales do; however, require a conditional use permit approved by the Planning and Zoning Commission and City Council. Currently we have the following restaurants operating within the "CBD" Central Business District along South Main Street and East Worth Street: Tap In Napoli's Main Street Bread Baking Company Off the Vine Tolbert's Esparaza's Lazy Bones Big Fish Willhoite's South Prairie Oyster Bar Weinberger's Deli Tin Spirits All of these restaurants have been approved by the Planning and Zoning Commission and City Council through the conditional use process since they have on -premise alcohol beverage sales with the exception of Weinberger's Deli which does not have on -premise 0 AW MAM07-05.4 12/12/07 3:06 PM alcohol beverage sales. Given the recent concerns regarding restaurants in the downtown area along South Main Street and the scarcity of parking in the Central Business District, staff is recommending a change be made to the district guidelines making any request for a restaurant, regardless of alcohol beverage sales, in the "CBD" Central Business District require a conditional use permit approved by the Planning and Zoning Commission and the City Council. Delicatessens and bakeries as well as coffee shops will remain as permitted uses given their smaller size/seating capacity and shorter hours of operation relative to full service restaurants. See the attached draft ordinance. /rs 0:\ZCU\AM07-05.4 2 12/10/07 4:10 PM W'1•1 Section 28 CBD Central Business District PURPOSE: The CBD Central Business District is designed to accommodate the types of business and commercial uses that have historically been located in the Grapevine Central Business area. A. PERMITTED USES: No building or structure or part thereof, shall be erected, altered, or used, in whole or in part, for other than one or more of the following specified uses: Personal service establishments including beauty and barbershops, cleaning, shoe repair, art and instructional studios, photography, and newsstands. 2. Drugstores. 3. Offices, including professional, business, governmental and administrative. 4. Retail stores and sales, including antique, art supply, automotive accessories, sporting goods, business machine shops, clothing, dry goods, music, TV sales and repair, cards, home appliances, jewelry, leather goods and luggage, linens, fabrics and draperies, optical goods, wallpaper and paint, dairy supplies, carpeting. 5. Furniture, including office furniture and equipment. 6. Restaurants .. outside dining, Delicatessens• bakeries. 7. Clubs and lodges. 8. Museums. 9. Movie theaters and opera houses. 10. Publicly operated parking facilities. 11. Outdoor sales of merchandise are prohibited during all sanctioned festivals, except the holder of a special permit issued by the Grapevine Heritage Foundation authorizing outdoor sales of merchandise. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a principal use provided that none shall be a source of income to the owner or user of the principal use: 032304 1 Section 28 DRAFT 120607 1. Uses normally incidental to the above permitted uses. 2. Off-street parking in conjunction with a permitted use. 3. Signs, in accordance with Section 60 of this Ordinance. 4. Outside display of merchandise. a. All outside display of merchandise shall conform to the following guidelines: (1) All outside display will be limited to the normal business hours for the associated permitted and/or conditional use. (2) A minimum clear unobstructed width of 48 -inches measured from the curb shall be maintained on the public right-of- way/sidewalk. (3) No outside display of merchandise shall be allowed during any City sponsored event or festival. (4) The City reserves the right to require the removal of any merchandise displayed outside on the public right-of- way/sidewalk that may be obtrusive, unsafe, or otherwise interfere with pedestrian traffic. C. CONDITIONAL USE: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued pursuant to Section 48 of the Ordinance. 1. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.13 of this Ordinance. 2. 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. 3. 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 032304 2 Section 28 0:\ORDINANCES2oning Ordinance\Drafts\SEC.28.120607.doc ill -11h consistent with the Texas Alcoholic Beverage Code. 4. Automotive repair garages, within a completely enclosed building. Salvage and/or wrecking yards are prohibited. All storage areas must be surfaced and screening shall be provided in accordance with Section 58 and Section 50. 5. Artisan studios for the creations of crafts, furniture, and arts which are handmade or handcrafted. 6. Restaurants, including those with outside dining. D. LIMITATION OF USES: No uses, other than uses existing at the date of this Ordinance, which require extensive off-street parking, shall be permitted unless adequate off-street parking, consistent with Section 56 of this Ordinance, is provided. E. PLAN REQUIREMENTS: Any new development in the CBD District shall require a Site Plan in accordance with the provisions of Section 47 of this Ordinance. F. DENSITY REQUIREMENTS: The following density requirements shall apply: 1. MAXIMUM DENSITY - The maximum density within the CBD District shall not exceed a floor area ratio of 3.0. 2. LOT SIZE - Lots for any permitted use shall have a minimum area of fifteen hundred (1,500) square feet. 3. MINIMUM OPEN SPACE - None required. 4. MAXIMUM BUILDING COVERAGE - The combined area occupied by all main and accessory buildings and structures may cover one hundred (100) percent of the total lot area. 5. MAXIMUM IMPERVIOUS ARES - The combined area occupied by all buildings, structures, off-street parking and paved areas may cover one hundred (100) 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 not less than twenty (20) 032304 O:\ORDINANCEWoning Ordinance\Drafts\SEC.28.120607.doc 3 Section 28 1.1 feet. 2. LOT DEPTH - Every lot shall have a minimum depth not less than seventy- five (75) feet. 3. FRONT YARD - None required. 4. SIDE YARD - None required. 5. REAR YARD - None required. 6. DISTANCE BETWEEN BUILDINGS - None required. H. BUFFER AREA REGULATIONS: None required. HEIGHT: (a) No principal structure shall be erected or altered to a height exceeding thirty (30) feet. (b) No accessory structure shall be erected or altered to a height exceeding thirty (30) feet. J. LANDSCAPING REQUIREMENTS: None required for individual lots. K. OFF-STREET PARKING AND LOADING: Due to the development nature of the CBD, it is recognized that conventional off-street parking and loading for individual lots may be difficult to provide. Any new uses proposed in the CBD shall present a plan for parking to the Planning and Zoning Commission and the Planning and Zoning Commission shall establish the amount and method of off-street parking to be provided for this District. L. MASONRY REQUIREMENTS: The masonry requirements of Section 54 shall be met. M. ADDITIONAL BUFFERING, SCREENING, FENCING, & LANDSCAPING. The Planning and Zoning Commission may recommend and the City Council may require buffering, screening, fencing and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of screening or fencing requirements set out specifically in each use district when 032304 4 O:\ORDINANCES\Zoning Ordinance\Drafts\SEC.28.120607.doc Section 28 the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. 032304 O:\ORDINANCES\Zoning Ordinance\Drafts\SEC.28.120607.doc 5 Section 28 T E " X A -S-c December 28, 2007 Ms. Christine Lopez Fort Worth Star Telegram P.O. Box 1870 Fort Worth, Texas 76102 RE: Grapevine Account # CIT 25 Dear Ms. Lopez, VIA FACSIMILE 817-390-7520 Please find enclosed the following for publication on Sunday, December 30, 2007, in the Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only) Item Meeting Date Notice of Public Hearing CU07-34 - Baja Mexican Grill January 15, 2008 Notice of Public Hearing CU07-43 - Great Wolf Lodge January 15, 2008 Notice of Public Hearing CU07-44 - Lucas Funeral Home January 15, 2008 Notice of Public Hearing SU07-03 - Oncor Electric Delivery January 15, 2008 Notice of Public Hearing MP07-02 - Future Land Use Map 11 January 15, 2008 Notice of Public Hearing AM07-05 - Amendments to the Zoning Ordinance January 15, 2008 As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 410-3155. Sincerely, Ron Stombaugh, Planning and Development Manager DEVELOPMENT SERVICES DEPARTMENT The City of Grapevine • P O Box 95104 • Grapevine, Texas 76099 • (817) 410-3154 Fax (817) 410-3018 • www.ci.grapevineAx.us CITY OF GRAPEVINE, TEXAS On Tuesday evening, January 15, 2008 at 7:30 P.M. in the City Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas, the City Council and Planning and Zoning Commission of the City of Grapevine will hold a public hearing to consider the following items: CU07-34 - BAJA MEXICAN GRILL - submitted by Gloisa Inc for property located at 1212 William D Tate Avenue and platted as Parcel E, Towne Center Addition. The applicant is requesting a conditional use permit to amend the previously approved site plan, specifically to add additional square footage to the restaurant. The property is zoned "CC" Community Commercial and is owned by Greenway -Grapevine Ltd. CU07-43 - GREAT WOLF LODGE - submitted by Great Wolf Lodge for property located at 1400 State Highway 26 and platted as Lot 1, Block 1, Great Wolf of Grapevine Addition. The applicant is requesting a conditional use permit to amend the previously approved site plan, specifically to allow the addition of a miniature golf course and revise the entry porte- cochere. The property is zoned "CC" Community Commercial and is owned by Great Wolf Lodge of Grapevine LLC. CU07-44 - LUCAS FUNERAL HOME - submitted by JNL Texas Holdings for property located at 1331 West Wall Street and platted as Block 1, Dellwood Acres Addition. The applicant is requesting a conditional use permit to allow a funeral home. The property is zoned "PO" Professional Office and is owned by Grapevine -Wall Street Partners 1. SU07-03 - ONCOR ELECTRIC DELIVERY - submitted by Oncor Electric Delivery Company for property located at 3201 State Highway 360 and proposed to be platted as Lot 2, Block 1, Grapevine SH 360 Substation Addition. The applicant is requesting a special use permit to allow the development of a public utility distribution facility and equipment. The property is zoned "PID" Planned Industrial Development and "R-TH" Townhouse District and is owned by Robert Schlegel. FUTURE LAND USE MAP 11 UPDATE MP07-02 - amending the Official City of Grapevine Future Land Use Map 11 for property currently zoned "R -MF -2" Multifamily District located east of Wood Street between East Wall Street and East Worth Street. AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 82-73 - The City Council and the Commission will consider amendments and changes to the Comprehensive Zoning Ordinance, No. 82-73, same being Appendix D of the Code of Ordinances as follows: Section 28, "CBD" Central Business District relative to restaurants as a conditional use and 2 any other additions, deletions, or changes to various sections, articles and provisions contained in said Ordinance No. 82-73. After all parties have been given an opportunity to speak, the public hearing will be closed and the Commission and the City Council will deliberate the pending matters. Please contact the Department of Development Services concerning any questions, 200 South Main Street, Grapevine, Texas, 76051 or P.O. Box 95104, Grapevine, Texas, 76099, 817- 410-3155. A copy of the site plan for all the above referenced requests is on file with the Development Services Department. 3 HP OfficeJet K Series K80 Personal Printer/Fax/Copier/Scanner Last Transaction Date Time Twe Identification Dec 28 2:29pm Fax Sent 98173907520 Log for DEVELOPMENT SERVICES 8174103018 Dec 28 2007 2:30pm Duration Pages Result 1:09 3 OK Misc Fee $10.00 I i oo C -a 0 - e4i�— 3 THE STATE OF TEXAS County of Tarrant Net Amount: INVOICE HRISTY LIH40LLAND L)(PRES 'jy C%A%AlS '1014 Ey'", Star -Telegram Customer ID: CIT25 400 W. 7TH STREET I 42Invoice Number: 292648891 FORT WORTH, TX 76102 Invoice Date: 12/30/07 (817) 390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 12/31/07 Bill To: PO Number: CITY OF GRAPEVINE SECRETARY PO BOX 95104 Order Number: 29264889 GRAPEVINE, TX 76099-9704 Sales Rep: 073 Description: CITY OF GRAPEVI Attn LINDA CAST Publication Date: 12/30/07 In CITY OF GRAPEVINE, TEXAS On 13580 1 173 173 LINE $3.33 $576.09 Misc Fee $10.00 I i oo C -a 0 - e4i�— 3 THE STATE OF TEXAS County of Tarrant Net Amount: $586.09 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in thb ve named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 n ' fN n SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Jjnuar)j03jPQ,08. I / I I V" Notary Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: CIT25 P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR FORT WORTH, TX 76101-2051 Invoice Number: 292648891 Invoice Amount: $586.09 PO Number: Amount Enclosed: i I MAW HRISTY LIH40LLAND L)(PRES 'jy C%A%AlS '1014 Ey'", $586.09 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in thb ve named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 n ' fN n SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Jjnuar)j03jPQ,08. I / I I V" Notary Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: CIT25 P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR FORT WORTH, TX 76101-2051 Invoice Number: 292648891 Invoice Amount: $586.09 PO Number: Amount Enclosed: ITEM 74 174a MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JANUARY 15, 2008 SUBJECT: AM07-05—ZONING ORDINANCE AMENDMENT TO SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT RELATIVE TO RESTAURANTS AS A CONDITIONAL USE Staff recommends the City Council and the Planning and Zoning Commission consider the amendment to Section 28, "CBD" Central Business District relative to requiring all future restaurants within the district to seek approval of a conditional use permit, and take any other action necessary. As the ordinance is currently written, restaurants, including those with outside dining are permitted uses, i.e. allowed without Planning and Zoning Commission/City Council approval within the "CBD" Central Business District; restaurants with on -premise alcohol beverage sales do, however, require a conditional use permit approved by the Planning and Zoning Commission and City Council. Currently we have the following restaurants operating within the "CBD" Central Business District along South Main Street and East Worth Street: Tap In Napoli's Main Street Bread Baking Company Off the Vine Tolbert's Esparaza's Lazy Bones Big Fish Willhoite's South Prairie Oyster Bar Weinberger's Deli Tin Spirits 0AWMAM07-05.4 1 01/09/08 3:29 PM All of these restaurants have been approved by the Planning and Zoning Commission and City Council through the conditional use process since they have on -premise alcohol beverage sales with the exception of Weinberger's Deli which does not have on -premise alcohol beverage sales. Given the recent concerns regarding restaurants in the downtown area along South Main Street and the scarcity of parking in the Central Business District, staff is recommending a change be made to the district guidelines making any request for a restaurant, regardless of alcohol beverage sales, in the "CBD" Central Business District require a conditional use permit approved by the Planning and Zoning Commission and the City Council. At a Planning and Zoning Commission worksession on December 18, 2007, the Commission agreed with staff's recommendation along with the added requirement that delicatessens and bakeries as well as coffee shops be required to seek a conditional use permit as well. See the attached draft ordinance. /rs 0:\ZCU\AM07-05.4 2 01/09/08 3:29 PM Section 28 CBD Central Business District PURPOSE: The CBD Central Business District is designed to accommodate the types of business and commercial uses that have historically been located in the Grapevine Central Business area. A. PERMITTED USES: No building or structure or part thereof, shall be erected, altered, or used, in whole or in part, for other than one or more of the following specified uses: Personal service establishments including beauty and barbershops, cleaning, shoe repair, art and instructional studios, photography, and newsstands. 2. Drugstores. 3. Offices, including professional, business, governmental and administrative. 4. Retail stores and sales, including antique, art supply, automotive accessories, sporting goods, business machine shops, clothing, dry goods, music, TV sales and repair, cards, home appliances, jewelry, leather goods and luggage, linens, fabrics and draperies, optical goods, wallpaper and paint, dairy supplies, carpeting. 5. Furniture, including office furniture and equipment. 76. Clubs and lodges. 87. Museums. 98. Movie theaters and opera houses. 4-09. Publicly operated parking facilities. 4410. Outdoor sales of merchandise are prohibited during all sanctioned festivals, except the holder of a special permit issued by the Grapevine Heritage Foundation authorizing outdoor sales of merchandise. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a 032304 Section 28 O:\ORDINANCES\Zoning Ordinance\Drafts\SEC.28.121907.doc principal use provided that none shall be a source of income to the owner or user of the principal use: 1. Uses normally incidental to the above permitted uses. 2. Off-street parking in conjunction with a permitted use. 3. Signs, in accordance with Section 60 of this Ordinance. 4. Outside display of merchandise. a. All outside display of merchandise shall conform to the following guidelines: (1') All outside display will be limited to the normal business hours for the associated permitted and/or conditional use. (2) A minimum clear unobstructed width of 48 -inches measured from the curb shall be maintained on the public right-of- way/sidewalk. (3) No outside display of merchandise shall be allowed during any City sponsored event or festival. (4) The City reserves the right to require the removal of any merchandise displayed outside on the public right-of- way/sidewalk that may be obtrusive, unsafe, or otherwise interfere with pedestrian traffic. C. CONDITIONAL USE: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued pursuant to Section 48 of the Ordinance. 1. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.13 of this Ordinance. 2. 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. 032304 E OAORDINANCES2oning Ordinance\Drafts\SEC.28.121907.doc Section 28 3. 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. 4. Automotive repair garages, within a completely enclosed building. Salvage and/or wrecking yards are prohibited. All storage areas must be surfaced and screening shall be provided in accordance with Section 58 and Section 50. 5. Artisan studios for the creations of crafts, furniture, and arts which are handmade or handcrafted. 6. Restaurants, delicatessens, bakeries, and coffee shops including those with outside dining. D. LIMITATION OF USES: No uses, other than uses existing at the date of this Ordinance, which require extensive off-street parking, shall be permitted unless adequate off-street parking, consistent with Section 56 of this Ordinance, is provided. E. PLAN REQUIREMENTS: Any new development in the CBD District shall require a Site Plan in accordance with the provisions of Section 47 of this Ordinance. F. DENSITY REQUIREMENTS: The following density requirements shall apply: MAXIMUM DENSITY - The maximum density within the CBD District shall not exceed a floor area ratio of 3.0. 2. LOT SIZE - Lots for any permitted use shall have a minimum area of fifteen hundred (1,500) square feet. 3. MINIMUM OPEN SPACE - None required. 4. MAXIMUM BUILDING COVERAGE - The combined area occupied by all main and accessory buildings and structures may cover one hundred (100) percent of the total lot area. 5. MAXIMUM IMPERVIOUS ARES - The combined area occupied by all buildings, structures, off-street parking and paved areas may cover one hundred (100) percent of the total lot area. 032304 3 O:\ORDINANCES\Zoning Ordinance\Drafts\SEC.28.121907.doc Section 28 DRAFT 011508 G. AREA REGULATIONS: The following minimum standards shall be required: 1. LOT WIDTH - Every lot shall have a minimum width not less than twenty (20) feet. 2. LOT DEPTH - Every lot shall have a minimum depth not less than seventy- five (75) feet. 3. FRONT YARD - None required. 4. SIDE YARD - None required. 5. REAR YARD - None required. 6. DISTANCE BETWEEN BUILDINGS - None required. H. BUFFER AREA REGULATIONS: None required. I. HEIGHT: (a) No principal structure shall be erected or altered to a height exceeding thirty (30) feet. (b) No accessory structure shall be erected or altered to a height exceeding thirty (30) feet. J. LANDSCAPING REQUIREMENTS: None required for individual lots. K. OFF-STREET PARKING AND LOADING: Due to the development nature of the CBD, it is recognized that conventional off-street parking and loading for individual lots may be difficult to provide. Any new uses proposed in the CBD shall present a plan for parking to the Planning and Zoning Commission and the Planning and Zoning Commission shall establish the amount and method of off-street parking to be provided for this District. L. MASONRY REQUIREMENTS: The masonry requirements of Section 54 shall be met. 032304 Ell O:\ORDINANCES\Zoning Ordinance\Drafts\SEC.28.121907.doc Section 28 M. ADDITIONAL BUFFERING, SCREENING, FENCING, & LANDSCAPING. The Planning and Zoning Commission may recommend and the City Council may require buffering, screening, fencing and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such methods in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. 032304 on 0AORDINANCEWoning Ordinance\Drafts\SEC.28.121907.doc Section 28