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HomeMy WebLinkAboutAM2008-04MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER 5t — SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: OCTOBER 21, 2008 SUBJECT: WORKSHOP ITEM: PROPOSED AMENDMENTS TO ALL RELEVANT SECTIONS OF THE ZONING ORDINANCE RELATIVE TO SECONDHAND GOODS AND TO PUBLIC, PRIVATE, AND NONPROFIT INSTITUTIONS AS PERMITTED USES Staff recommends the City Council consider possible amendments to all relevant sections of the zoning ordinance relative to secondhand goods and to public, private, and nonprofit institutions as permitted uses and take any necessary action. BACKGROUND INFORMATION: Staff has received a request from Council Member Spencer to discuss in a Council workshop several possible amendments to the zoning ordinance. As the ordinance is currently written, "secondhand goods in an enclosed building" is a permitted use in the "CC" Community Commercial District and is therefore also a permitted use in the "HC" Highway Commercial District. Councilmember Spencer is recommending that it be moved to the conditional use section of the "CC" Community Commercial District so that the Planning and Zoning Commission and City Council can consider the appropriateness of this type of use on a case-by-case basis. An alternate proposal by Council Member Freed would be to establish a minimum square footage threshold whereby a request for secondhand goods in an enclosed building would still be allowed as a permitted use but any request for such a use in a structure over the threshold would require a conditional use permit. Council Member Spencer has also expressed concern about the proliferation of private schools in commercial buildings which have historically produced sales tax revenues rather than being used for another purpose, and is recommending that we consider amending Section 27, "PO" Professional Office District be amended by removing from the permitted use section item number 8, "public institutions and nonprofit institutions of any educational, religious or cultural type, but excluding corrective institutions and hospitals" and placing it in the conditional use section of the ordinance. This use is a conditional use in all other sections of the ordinance where it is specifically listed. The "PO" Professional Office District, and through the cumulative nature of the "CC" Community Commercial District and the "HC" Highway Commercial District, are the only districts where this use is allowed as a permitted use. /rs R:\AGENDA\10-21-08\wk102108.2ndhandgoodsUchools.doc 10/15/2008 11:36:35 AM October 31, 2008 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, November 2, 2008, 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 Z08-07/PD08-03 — Skinner Custom Homes November 18, 2008 Notice of Public Hearing Z08-09 — J J Hall Addition November 18, 2008 Notice of Public Hearing Z08-10/CU08-31/PD08-04 — Wagon Wheel Addition November 18, 2008 Notice of Public Hearing Z08-11/CU08-30 — Riverwoods November 18, 2008 Notice of Public Hearing Z08-12 — J J Hall Addition November 18, 2008 Notice of Public Hearing CU08-28 — Ziziki's November 18, 2008 Notice of Public Hearing CU08-29 — Grapevine Towne Center November 18, 2008 Notice of Public Hearing AM08-04 -;Amendments to the Zoning Ordinance November 18, 2008 As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 410-3155. Sinc ly, Susan Batte Planning Technician DEVELOPMENT SERVICES DEPARTMENT The City of Grapevine - P.O. Box 95104 4 Grapevine, Texas 76099 - (817) 410-3154 Fax (817) 410-3018 - wwwgrapevinetexas.gov CITY OF GRAPEVINE, TEXAS On Tuesday evening, November 18, 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: Z08-07/PD08-03 — SKINNER CUSTOM HOMES — submitted by Skinner Custom Homes for property located at 410 North Dove Road and proposed to be platted as Lots 1-6, Block A, Tuscan Ridge Addition. The applicant is requesting to rezone 1.42 acres from "R-7.5" Single Family Residential to "R-5.0" Zero -Lot -Line District for a residential development. The applicant is also requesting a planned development overlay to include but not be limited to deviation from lot width, depth and setback requirements. The property is owned by Star Bible Publishing. Z08-09 — J J HALL ADDITION — submitted by 222 Starnes LP for property located at 222 North Starnes Street and platted as Lot K, J J Hall Addition. The applicant is requesting to rezone 0.32 acres from "R-5.0" Zero -Lot -Line District to "PO" Professional Office District for an office building. The property is owned by 222 Starnes LP. Z08-1 OICU08-31/PD08-04 — WAGON WHEEL ADDITION — submitted by JLB Realty LLC for property located at 3225 North Grapevine Mills Boulevard and proposed to be platted as Lot 1, Block A, Wagon Wheel Addition. The applicant is requesting to rezone 10.327 acres from "PID" Planned Industrial Development to "R -MF -2" Multifamily District for the development of multi -family complex. The applicant is also requesting a conditional use permit to allow a three story multi -family complex and a planned development overlay to include but not be limited to deviation from density, open space, minimum floor area, setbacks, height, design requirements, landscaping and parking in the "R -MF -2" Multifamily District. The property is owned by Dulce Development Group LLC and Farhat Brothers, Inc. Z08-1 I/CU08-30 — RIVERWOODS — submitted by DeOtte Inc. for property located at 3735 Ira E Woods Avenue and proposed to be platted as Lots 1-3, Block 1, Riverwoods Addition. The applicant is requesting to rezone 12.10 acres from "CN" Neighborhood Commercial to "PO" Professional Office and a conditional use permit to allow a personal care facility. The property is owned by Gary L Cantrell Co, Inc. Z08-12 — J J HALL ADDITION — submitted by George Kuketz for property located at 206, 210 and 216 North Starnes Street and platted as Lots L, M, and N, J J Hall Addition. The F, applicant is requesting to rezone 0.96 acres from "HC" Highway Commercial District and "R-5.0" Zero -Lot -Line District to "PO" Professional Office District for the development of an office building. The property is owned by George Kuketz. CU08-28 — ZIZIKI'S - submitted by Ion Design Group, LLC for property located at 1295 South Main Street and platted as Lot 1, Block 1, Epicentre Addition. The applicant is requesting a conditional use permit to amend the previously approved site plan, specifically to allow the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The property is zoned "PO" Professional Office and is owned by Paul Guernsey. CU08-29 — GRAPEVINE TOWNE CENTER - submitted by Lawrence A. Cates & Associates, LLP for property located at 801 Ira E Woods Avenue and platted Lots 1, 2R, 3R, 4R1, 5, 6R, 7-10, 11 R, 12R1, 13R, 14R, 15R, 16, 17, Block 1, Towne Center Addition No. 2 and Lots 1 R2 and 3R1, Block 1, Towne Center Addition. The applicant is requesting a conditional use permit to amend the previously approved site plan for a planned commercial center, specifically to allow a 25 foot landscape setback for all parcels adjacent to Ira E Woods Avenue and William D Tate Avenue. The property is zoned "CC" Community Commercial and is owned by Grapevine/Tate JV. 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 23, "LB" Limited Business, Section 24, "CN" Neighborhood Commercial, Section 25, "CC" Community Commercial, Section 26, "HC" Highway Commercial, Section 27, "PO" Professional Office, Section 28, "CBD" Central Business District, Section 31, "LI" Light Industrial and Section 40 "MXU" Mixed Use District relative to second hand goods and private, public and non-profit institutions, and 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 Log for DEVELOPMENT SERVICES 8174103018 Oct 312008 2:39pm Last Transaction Date Time Type- Identification Duration Pages Result Oct 31 2:38pm Fax Sent 98173907520 1:01 3 OK INVOICE r ,yaw Star -Telegram Customer ID: C1T25 400 W. 7TH STREET Invoice Number: 301184271 FORT WORTH. TX 76102 Misc Fee Net Amount: 10 4p Qc - l SU��� CHRISTY L. HOLLAND My Commission Expires n July 31, 2012 O THE STATE OF TEXAS County of Tarrant $26.00 $993.26 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 swum, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 C\ n r t, n SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, N4emt#rffi, 2008. Notary Thank You For Your Payment --------------------------------------------- Remit ,.,._.__—__._...........__._..-.—_.._..—__................._..—..-._...—_--_._._......__..---- _.__..-..— Remit To: Star -Telegram 36 i' Customer ID: CIT25 P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR t. FORT WORTH, TX 76101-2051 Invoice Number: 301184271 Invoice Amount: $993.26 PO Number: Amount Enclosed: !a! Notices reet and platted ppas ntre Addition. Thg plicant is re iestmg acondi- mal. use permittc vend the, prevl� isly approved sit( an, specifically�=tt. low the PoSS on, storage,reti de and on-prerrij'S, InSumption. Of "at 'holic beviatagg' neer, wine a.j fixed beverages3<j'1 injunction with O astaurant. ThI+ roperty is Z90 Po- Professio ffice and is owe'. y Paul Cuernsey`rr3 NE9 T WNI v -co .. ihmil Tilt to ar previously site plan planned a center, - s to allow landscape for all par cent to .lra Avenue ar D Tate Av property CC, C sive zona nance Nc same6eing D of the nesse "CN l$ TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WI I MS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: NOVEMBER 18, 2008 SUBJECT: ZONING ORDINANCE AMENDMENT—AM08-04; AMENDMENTS TO THE ZONING ORDINANCE TO SECTION 24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT, SECTION 25, "CC" COMMUNITY COMMERCIAL DISTRICT, SECTION 26, "HC" HIGHWAY COMMERCIAL DISTRICT, SECTION 27, "PO" PROFESSIONAL OFFICE DISTRICT, SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT, SECTION 31, "LI" LIGHT INDUSTRIAL DISTRICT AND SECTION 40, "MXU" MIXED USE DISTRICT RELATIVE TO SECOND HAND GOODS AND PRIVATE, PUBLIC AND NON- PROFIT INSTITUTIONS RECOMMENDATION: Staff recommends the Planning and Zoning Commission and the City Council consider amendments to Section 24, "CN" Neighborhood Commercial, Section 25, "CC" Community Commercial, Section 26, "HC" Highway Commercial, Section 27, "PO" Professional Office, Section 28, "CBD" Central Business District, Section 31, "LI" Light Industrial and Section 40 "MXU" Mixed Use District relative to second hand goods and private, public and non-profit institutions, and take any necessary action. At the City Council workshop on October 21, 2008, the Development Services Director was instructed to advertise for a public hearing on two Zoning Ordinance amendments. The first proposed amendment is regarding secondhand goods within an enclosed building in the Neighborhood Commercial, Community Commercial, Highway Commercial, Central Business District and Mixed Use zoning districts. As currently written, and interpreted by staff, the Zoning Ordinance allows retail resale shops of any size in these districts. Council has expressed concern that very large resale operations might not necessarily be desirable in these districts in all cases, and expressed desire to have oversight of requests for large resale establishments through the Conditional Use process. 0AZCU\AM08-04.4.doc 11/11/2008 4:55:19 PM Council discussed the possibility of establishing a threshold for building size/tenant space before a conditional use would be required. To that end staff was directed to research the size of secondhand goods establishments in the area, as well as the size of tenant spaces in Downtown Grapevine on Main Street. Investigation showed that there are resale establishments in the area ranging from 1,700 square feet to over 100,000 square feet. Recent Certificate of Occupancies on Main Street range from 500 square feet to 3,379 square feet. Planning and Zoning and Council may wish to consider these ranges in discussion relative to a threshold for requiring a conditional use. The second item staff was directed to advertise, was an ordinance amendment requiring private and charter schools to obtain a conditional use in all districts. Staff has therefore prepared a Zoning Ordinance amending Section 27 Professional Office District Regulations. This proposed amendment removes 27.A.8. 'Public institutions and nonprofit institutions of any educational, religious, or cultural type, but excluding corrective institutions or hospitals" from a permitted use, and places it in Section 27.C. Conditional Uses. Furthermore the amendment modifies the language by adding: "including private and charter schools". Similar proposed amendments were made in the Neighborhood Commercial, Community Commercial and Highway Commercial districts. 0AWMAM08-04A.doc 11/11/2008 4:55:19 PM DRAFT SECTION 24, NEIGHBORHOOD COMMERCIA1 Section 24. C -N Neighborhood Commercial District PURPOSE: The purpose of the C -N Neighborhood Commercial District is to provide locations for the development of planned retail shopping and service facilities which are located and designed expressly to serve the needs of adjacent residential neighborhoods. C -N Districts are intended for retail commercial uses which have a neighborhood orientation and which supplies necessities requiring frequent purchase with a minimum of consumer travel. Such facility should not be so large or so broad in scope of services as to attract substantial amounts of trade from outside the neighborhood. USES GENERALLY: In a C -N Neighborhood Commercial District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses. Planned neighborhood shopping centers defined as a combination of retail stores, offices, personal service establishments and similar uses whose aggregate gross floor area does not exceed one hundred thousand (100,000) square feet. 2. Any use permitted in the P -O Professional Office District provided that the total floor area devoted to office use does not exceed thirty (30) percent of the total floor area permitted on the lot. 3. Any use permitted in the LB Limited Business District. 4. Restaurants excluding drive-ins or drive-through facilities. 5. Day Nursery and kindergarten. 6. Variety and dry goods stores. 7. Retail sales of second hand goods in an enclosed building provided the space does not exceed square feet in area B. ACCESSORY USES: The following uses shall be permitted as accessory uses provided that such use shall be located not less than twenty (20) feet from any street right-of-way. 1. Swimming pool no nearer than one hundred twenty (120) feet to any 062308 Section 24 DRAFT SECTION 24, NEIGHBORHOOD COMMERCIA 1' t' to the public, including display, service and sales, greater than ninety-five hundred (9,500) square feet. 10. Personal Care Facilities. 11. Any use allowed within this district with drive-in or drive-through service. 12. Inns 13. Outside display and sales of merchandise. 14. Call centers. 15. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals 16. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds square feet D. LIMITATION ON USES: The C -N District is intended for neighborhood scale shopping and service facilities and the total retail or commercial shopping floor area on any lot or parcel shall not exceed one hundred thousand (100,000) square feet. No individual retail store, office, personal service establishment, restaurant or other uses provided for in Section 24.A. shall have a floor area open to the public, including display, service and sales, greater than ninety-five hundred (9,500) square feet. 2. The maximum size of any C -N District shall not exceed twelve (12) acres in size. 3. The hours of operation for uses provided for in Section 24.C.10 shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. unless specifically provided for in the Conditional Use Permit. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 062308 Section 24 3 TRAFT SECTION 25, CC - COMMUNITY COMMERCIAL Sec. 25. C -C Community Commercial District Regulations PURPOSE: The C -C Community Commercial District is established to provide locations for general commercial uses representing various types of retail trade, businesses, services and planned commercial centers that serve a community or regional area. The District is intended for community and regional shopping centers and clusters of commercial development that attract a substantial amount of their trade from beyond the immediate neighborhoods. USES GENERALLY: In a C -C Community Commercial District no land shall be used and no building shall be erected or converted to any use other than as hereinafter provided. A. PRINCIPAL USES: Any use permitted in a P -O Professional Office District or C -N Neighborhood Commercial District except that there shall be no limitation on size of planned shopping centers or total floor area. 2. Hospital. 3. Ambulance service. 4. Commercial amusements, the operation of which is totally within an enclosed building, including bowling alleys, video arcades, roller skating and ice skating arenas, motion picture theaters, but excluding billiard parlors and arcades. 5. Taxi dispatch office. 6. Professional dry cleaning, pressing, dyeing and laundry services. 8. Retail sales of second hand goods in an enclosed building provided the space does not exceed square feet in area 9. Restaurants excluding drive-in or drive-through restaurants. 10. Nursery or greenhouse. 11. Radio and television broadcasting studios. 12. Department stores. 062308 Section 25 DRAFT SECTION 25, CC - COMMUNITY COMMERCIAL approve a request to establish different amounts and methods than established in Section 25.F., Section 25.1., Section 53.H., Section 53.1., and Section 60. 16. Restaurant with outside dining and/or drive through. 17. Hotels and motels. Hotels approved prior to January 18, 2005 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. 18. 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. 19. Structures in excess of fifty (50) feet in height. However, this provision shall only apply to properties located east of Ruth Wall Street, Loop 382, and Fairway Drive. 20. Outside display and sales of merchandise. 21. Call centers. 22. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds square feet 23. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals D. LIMITATION ON USES: Whenever the C -C Community Commercial District is utilized for hotel -motel office or hospital use, the minimum open space shall be increased to thirty (30) percent of the total lot area. 2. Vehicular use or storage areas other than required parking associated with permitted uses such as automobile sales and service, boat sales, building materials, and supplies shall be visually screened from any adjacent residential district by a fence, wall or berm at least six (6) feet in height. 4 062308 Section 25 DRAFT SECTION 26, HIGHWAY COMMERCIAL 1' 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. 22. Automotive State Inspections facility. 23. New and used golf and utility cart sales and services, both electric and gasoline powered, with outside display and outside storage. 24. Outside display and sales of merchandise. 25. Call centers. 26. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 27 Retail sales of secondhand goods in an enclosed building where the size of the space exceeds square feet D. LIMITATION OF USES: Residential structures and uses are expressly prohibited in the HC Highway Commercial District. Existing residences may remain as non -conforming uses, but it is intended that new residential construction not be allowed in the District. 2. (a) All property zoned HC, Highway Commercial, shall have driveway access and frontage in accordance with Section 26, paragraph G.2. only from a State Highway or Central Avenue except as provided in Section D.3. (b) Additional driveway access on a corner lot from other than a State Highway for the intersecting street only, may be approved by the Planning and Zoning Commission and City Council with the filing of a Concept Plan in accordance with Section 45. For purposes of this Section 26.D, corner lot shall mean a lot located at the juncture of a State Highway and a street which intersects such State Highway. 3. Access to and frontage on a street other than a State Highway or Central Avenue will be permitted only for property zoned HC, Highway Commercial 062308 4 Section 26 DRAFT SECTION 27, PROFESSIONAL OFFICE 102708 Section 27. P -O Professional Office District Regulations PURPOSE: The P -O Professional Office District is established to create a restrictive district for low intensity office or professional uses which may be located close to all types of residential uses, with appropriate buffer and landscaping so as not to create a blighting effect on adjacent residential area. USES GENERALLY: In a P -O Professional Office District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses. 1. Administrative, executive and editorial offices for business, professional or industrial organizations. 2. Financial offices such as banks, savings and loan associations, mortgage bankers and insurance offices. 3. Governmental office buildings and uses. 4. Prescription pharmacy. 5. Medical and dental clinics. 6. Medical and dental laboratories, but not including the manufacture of pharmaceutical or other products for general sale or distribution. 7. Professional offices for the conduct of the following professional and semiprofessional occupations: Accountant, architect, attorney, dentist, engineer, insurance agent, real estate agent, personal or family counselor, chiropractor, physical therapist, physician, public secretary, surgeon, or any other office or profession which is the same general character as the foregoing, but excluding animal grooming salons, dog kennels, funeral homes, veterinarian and veterinary hospitals. • PubliG institutions and nonprofit Ons any .. UGational, religious of GUltuFaI type, but .. GGrreGtive institutions and hospitals. RESERVED FOR 9. Schools and studios for art, dancing, drama, music, photography, interior decorating or reducing. 062308 1 Section 27 DRAFT SECTION 27, PROFESSIONAL OFFICE 102708 occupied by only one family within a single professional office building. 7. Call Centers. 8. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals D. LIMITATIONS OF USES: None specified. 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: MAXIMUM DENSITY: The maximum density within a P -O District shall not exceed a floor area ratio of 1.0. 2. MINIMUM LOT SIZE: The minimum lot size in a P -O District shall be ten thousand (10,000) square feet. Planned Professional Office Centers, approved as a conditional use permit, shall be a minimum of two (2) acres. 3. MINIMUM OPEN SPACE: At least twenty (20) percent of the total lot area shall be devoted to non -vehicular open space. (Non -vehicular 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. MAXIMUM BUILDING COVERAGE: The combined area occupied by all main and accessory structures shall not exceed sixty (60) percent of the total 062308 3 Section 27 DRAFT SECTION 28, CENTRAL 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: 1. 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, retail sales of second hand goods in an enclosed building provided the space does not exceed square feet in area 5. Furniture, including office furniture and equipment. 6. Clubs and lodges. 7. Museums. 8. Movie theaters and opera houses. 9. Publicly operated parking facilities. 10. 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 062308 Section 28 DRAFT SECTION 28, CENTRAL BUSINESS DISTRICT 102708 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.B. 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. 7. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds square feet 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. Including but not limited to call centers. 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. 062308 3 Section 28 1' 1 6. All other mechanical equipment shall be located within a completely enclosed building and shall meet the masonry requirements of Section 54. 7. Signs advertising use on the premises, in accordance with Section 60 of this Ordinance. 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 this Ordinance. 1. Freight forwarding warehouses. 2. Bulk storage of flammable liquids not associated with a permitted use, subject to the provisions of City and/or State Fire Codes. 3. Railroad yards, areas for car storage, and switching facilities. 4. Outside storage in conjunction with permitted uses in Section 31.A. and conditional uses in Section 31.C., provided that such storage shall be screened in accordance with Section 50, Alternates A or E. 5. Central mixing plants for asphalt, concrete, or other paving materials (batching plant). 6. Automobile Impound. Salvage and/or wrecking yards are prohibited. All storage areas must be surfaced and screened in accordance with Section 58 and Section 50. All required screening shall be in accordance with Section 50, Alternatives A or E. 7. Convenience stores, including prepared food carry -out service with alcoholic beverage sales for off -premise consumption; provided a special permit is issued in accordance with Section 42.B. of the Ordinance. 8. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools but excluding correctional institutions and hospitals. 9. Any other manufacturing, warehousing, or wholesale uses, not provided for in Section 31.A., Permitted Uses; Section 31.0 Conditional Uses; and not 062006 3 Section 31 DRAFT SECTION1 MIXED USE DISTRICT 1 1 II. Movie Theater mm. Retail sales of second hand goods in an enclosed building provided the space does not exceed square feet in area 4. Office: Civic. Mixed use (with residential). Mixed use (without residential). B. ACCESSORY USES: The following uses shall be permitted as accessory uses, strictly in accordance with an approved Site Plan as provided for herein below: 1. Community, social, hobby or laundry facilities for use by occupants of a development within the district. 2. Recreation space and facilities including exercise facilities and weight rooms, tennis courts, racquetball, handball and volleyball courts, spas and swimming pools, for use by occupants of a development within the district. 3. Parking and parking structures. 4. Other uses customarily incidental to the permitted uses. C. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of Section 48 of the Zoning Ordinance, and a Conditional Use Permit is issued, and is strictly in accordance with an approved Site Plan as provided herein below. 1. Day care facility. 2. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.6 of the Zoning Ordinance. 3. Health clubs. 4. Retirement home. 5. Medical offices. 101607 4 Section 40 SECTION 41 MIXED USE DISTRICT 102708 6. Banks with drive through service. 7. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds square feet. D. REQUEST FOR MIXED USE DISTRICT ZONING CLASSIFICATION: The procedure to follow to establish a Mixed Use Zoning (MXU) classification shall be the same as that required to amend, repeal or alter the zoning on a tract, or parcel of land as specified under Section 48 of the Zoning Ordinance relating to Conditional Uses, except as otherwise provided for herein. In the event of a conflict between Section 48 and this ordinance, the terms of this ordinance shall take precedence. MXU zoning shall permit development only in accordance with a Site Plan that has been approved by the City Council. Property zoned MXU may only be used and/or developed in accordance with its approved Site Plan. No amendment(s) to an approved Site Plan are permitted without City Council approval. A request to amend a Site Plan in a MXU district is a request to re -zone the tract. Uses permitted under an approved Site Plan are only permitted in strict accordance with the corresponding, approved Site Plan. If the project is to be developed in phases, a proposed phasing plan that identifies the anticipated sequence of development is required at the time of application. The phasing plan shall delineate areas, building sites, land use and improvements to be constructed in independent phases, and the scheduled time frames, and sequencing of such phases. E. SITE PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 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 of the Zoning Ordinance has been approved as specified under Section 48, Conditional Uses. 3. A Landscape Plan, meeting the requirements of Section 53 of the Zoning Ordinance and Section N, has been approved. F. PERIOD OF VALIDITY. No Site Plan for the Mixed Use District shall be valid for a period longer than one (1) year from the date on which the City Council grants approval, 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. 101607 5 Section 40