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HomeMy WebLinkAboutItem 07 - AM16-01 Zoning AmendmentsMEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND MEMBERS OF THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER �_ SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR SUBJECT: ZONING ORDINANCE AMENDMENT AM1 6-01 —AMENDMENTS TO SECTION 42 SUPPLEMENTARY DISTRICT REGULATIONS RECOMMENDATION: Staff recommends the Planning and Zoning Commission and the City Council consider the amendments to Section 42, Supplementary District Regulations relative to off -premise package liquor sales and take any other action necessary. • • • • In anticipation of a possible affirmative vote in the local option election in November relative to the retail sale of all forms of alcoholic beverages (beer, wine, spirits) for off -premise consumption, Section 42, Supplementary District Regulations have been amended to establish development criteria for retail "package store" establishments that intend to sell alcoholic beverages. A conditional use permit approved by the City Council and the Planning and Zoning Commission is currently required for all forms of alcohol beverage sales in the city, i.e. beer, wine, and/or mixed beverages in conjunction with a restaurant, wineries and wine tasting rooms, breweries, distilleries, and off -premise beer and wine sales. The amendments proposed will establish additional submittal requirements that will provide the Council and Commission appropriate information to adequately consider, on a case-by- case basis, requests to establish off -premise retail package stores. Specific language has been added to require detailed information on the floor plan layout relative to aisle arrangement locations of all coolers, freezers, checkout registers and all points of entry/exit. A detailed security plan will also be required showing the number and location of all video cameras and alarm system details as well as specific details on retention of recorded material, alarm system monitoring, safe design, and safety training. Additional site plan requirements include an 80 percent non -tinted clear glass requirement for the front building facade and language limiting obstruction that prevents clear view of the interior of the store. Language is also included that mandates adherence to all requirements contained in Chapter 4, Alcoholic Beverages, in the City of Grapevine Code of Ordinances which includes a minimum 300 feet separation requirement from any business that sells alcoholic beverages and any church, public school, or public hospital. See the attached ordinance. Irs 2 SECTION 42 SUPPLEMENTARY DISTRICT 101816 B. SALE OF ALCOHOLIC BEVERAGES: 1. Notwithstanding any other provision of this Ordinance the storage, possession, sale, serving, or consumption of alcoholic beverages, except for the consumption of the occupants or owners of the premises and their guests at no charge, when permitted by the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements: DEFINITIONS: For the purpose of this Ordinance, the following words and phrases shall have the meanings ascribed to them as follows: (a) ALCOHOLIC BEVERAGE means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. (b) RESTAURANT shall mean a restaurant or eating establishment whose gross sales in Grapevine from food on an annual basis at the location represent at least fifty (50) percent of total sales with a Conditional Use as set out in Section 48. (c) DISTILLERY shall mean a location whereby alcoholic spirits are created or manufactured, to include but not be limited to the following processes: milling, mashing, fermentation, distillation, ageing, and blending. (d) PACKAGE STORE shall mean a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off -premise consumption. 2. The storage, possession, sale or serving of alcoholic beverages by any party for either on -premise or off -premise consumption, shall be illegal unless on property zoned specifically for that purpose as a Conditional Use in accordance with and pursuant to Section 48 of this Ordinance. The applicant for a Conditional Use Permit for a package store shall include as part of the Conditional Use Permit Application the following: A detailed floor plan of the proposed business showing, at a minimum, aisle layouts, locations of coolers and freezers, locations of any specialty areas such as humidors, location descriptions for all product sales such as beer, wine and hard liquor, locations of check-out registers and all building ingress and egress points. A proposed security plan must also be submitted and shall include the number of any proposed cameras, alarm system details, locations of burglar bars (if any) and any planned on-site security personnel The 4 012015 Section 42 SECTION 42 SUPPLEMENTARY DISTRICT 101816 security plan must include, at a minimum, the following: (1) Surveillance camera system to record audio and video of the interior and exterior of the premises; (2) Video and audio recording and storage system with a minimum of thirty (30) day retention; (3) Commercially monitored alarm system with appropriate permit; (4) Drop safes anchored to the floor; (5) Security signs; (6) Height markers; (7) Safety training programs. Also, details should be provided concerning any proposed features that adhere to any Crime Prevention Through Environmental Design (CPTED) site design tenets. CPTED is based upon the concept that the proper design and effective use of the built environment can lead to the reduction in the incidence and fear of crime, and an improvement in the quality of life. The goal of CPTED is to reduce opportunities for crimes to occur that are often inherent in the design of buildings and the layout of neighborhoods and streets. The detailed site plan must meet the following minimum requirements: 1) The front building facade shall be a minimum of eighty percent (80% non -tinted, clear glass. (2) No curtain, display, hanging sign, storage, or other obstruction that prevents a clear view of the interior of a package store. (3) The exterior premises must be lit to the maximum allowed under the Zoning Ordinance. (4) All requirements of Chapter 4 Alcoholic Beverages of the Citv of Grapevine Code of Ordinances shall also be meet. 3. With the exception of wineries, wine tasting rooms, breweries, and distilleries no party shall sell or serve alcoholic beverages for on -premise consumption as the holder of a duly issued Texas Alcohol Beverage Commission permit allowing on - premise consumption except in a restaurant or on the premises of an entity whose principal business is transporting of the general public and is operating pursuant to a certificate of public convenience and necessity issued by a federal or state regulatory body with a Conditional Use Permit in accordance with and pursuant to Section 48. 4. The party or entity operating a restaurant or private club that permits the sale of alcoholic beverages for on -premise consumption shall on an annual basis, no later 61 012015 Section 42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 42, SUPPLEMENTARY DISTRICT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Zoning Ordinance currently requires a Conditional Use Permit for storage, possession, sale or serving of alcoholic beverages in the City; and WHEREAS, the City Council wishes to amend Section 42 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. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 42, Supplementary District Regulations is hereby amended by amending subsection B.1. to add the following definition: "Package Store — A retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off - premise consumption." B. That 42, Supplementary District Regulations, is hereby amended by amending subsection B.2. to add the following: "The applicant for a Conditional Use Permit for a package store shall include as part of the Conditional Use Permit Application the following: A detailed floor plan of the proposed business showing, at a minimum, aisle layouts, locations of coolers and freezers, locations of any specialty areas such as humidors, location descriptions for all product sales such as beer, wine and hard liquor, locations of check-out registers and all building ingress and egress points. A proposed security plan must also be submitted and shall include the number of any proposed cameras, alarm system details, locations of burglar bars (if any) and any planned on-site security personnel. The security plan must include, at a minimum, the following: (1) Surveillance camera system to record audio and video of the interior and exterior of the premises; (2) Video and audio recording and storage system with a minimum of thirty (30) day retention; (3) Commercially monitored alarm system with appropriate permit; (4) Drop safes anchored to the floor; (5) Security signs; (6) Height markers; (7) Safety training programs. Also, details should be provided concerning any proposed features that adhere to any Crime Prevention Through Environmental Design (CPTED) site design tenets. CPTED is based upon the concept that the proper design and effective use of the built environment can lead to the reduction in the incidence and fear of crime, and an improvement in the quality of life. The goal of CPTED is to reduce opportunities for crimes to occur that are often inherent in the design of buildings and the layout of neighborhoods and streets. The detailed site plan must meet the following minimum requirements: (1) The front building fagade shall be a minimum of eighty percent (80%) non -tinted, clear glass. (2) No curtain, display, hanging sign, storage, or other obstruction that prevents a clear view of the interior of a package store. (3) The exterior premises must be lit to the maximum allowed under the Zoning Ordinance. Ordinance No. 2 (4) All requirements of Chapter 4 Alcoholic Beverages of the City of Grapevine Code of Ordinances shall also be meet." Section 3. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th of October 2016. William D. Tate Mayor ATTEST: Tara Brooks City Secretary Ordinance No. 3 John F. Boyle, Jr. City Attorney Ordinance No.