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HomeMy WebLinkAboutAM2016-01MEETING DATE: SUBJECT: RECOMMENDATION: IT 7, 36 A,2 7122 HONORABLE MAYOR, CITY COUNCIL MEMBERS AND MEMBERS OF THE PLANNING AND ZONING COMMISSION BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR ZONING ORDINANCE AMENDMENT AM1 6-01 —AMENDMENTS TO SECTION 42 SUPPLEMENTARY DISTRICT REGULATIONS 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. BACKGROUND INFORMATION: 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 fagade 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. yrs 2 SECTION 42 SUPPLEMENTARY DISTRICT 101816 B. SALE OF ALCOHOLIC BEVERAGES: 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 DISTRICM 10181 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 buildina facade shall be a minimum of eiahtv 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 City 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 5 012015 Section 42 September 30, 2016 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 817-390-7361 817-390-7520 Please find enclosed the following for publication on Sunday, October 2, 2016, in the Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only) mm Notice of Public Hearing Z16-07, CU16-24 & PD16-09 — Silver Lake Apartments Notice of Public Hearing CU16-25, PD16-10 - Pizza Hut Notice of Public Hearing CU16-26 - Texas Gun Experience Notice of Public Hearing CU16-28 — Daylight Golf Meeting Date October 18, 2016 October 18, 2016 October 18, 2016 October 18, 2016 Notice of Public Hearing October 18, 2016 AM16-01 - AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 82-73 As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 410-3155. Sincerely, Susan Batte Planning Technician 0 CITY OF GRAPEVINE, TEXAS On Tuesday evening, October 18, 2016 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: Z16-07, CU16-24 & PD16-09 — Jefferson Silver Lake Apartments - submitted by Newcrest Image for property located at 1775 State Highway 26 and proposed to be platted as Lots 1A1, Block 1, The Bluffs at Grapevine Addition. The applicant is requesting to rezone 13.58 acres from CC Community Commercial District to R -MF Multi -Family District for the development of a multi -family complex. The applicant is requesting a conditional use permit to vary from the district standards relative to density, height, front yard setback and parking and a planned development overlay to deviate from but not be limited to building length, building setback relative to parking/vehicle use areas, building separation and landscape setback. The property is zoned CC Community Commercial District and is owned by Grapevine Equity Partners, LLC, CU16-25, PD16-10 - Pizza Hut — submitted by Glenn Engineering for property located at 701 East Northwest Highway and platted as Lot 3R1 -B2, Block 1, W R Boyd Center. The applicant is requesting a conditional use permit to allow the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer and wine only) in conjunction with a restaurant with drive through service, outdoor seating and outdoor speakers and a planned development overlay to deviate from but not be limited to standards relative to landscaping. The property is zoned CC Community Commercial and is owned by LEM Rental Properties. CU16-26 - Texas Gun Experience — submitted by DFW Shooting Sports for property located at 1901 South Main Street and platted as Lot 1, Block 3, Metroplace 2nd Installment. The applicant is requesting a conditional use permit to allow an indoor shooting range. The property is zoned CC Community Commercial and is owned by Jared and Joseph Stanyer. CU16-28 — Daylight Golf - submitted by Daylight Golf for property located at 1041 West State Highway 114 and platted as Lot 2R, Block 1, The Crossroads of DFW. The applicant is requesting a conditional use permit to amend the previously approved site plan for a restaurant with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages), specifically to modify exterior F elevations and floor plan and to allow outdoor dining and outdoor speakers. The property is zoned "CC" Community Commercial District and is owned by Regional Airport LP. A16-01 - 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 42, Supplementary District Regulations relative to off - premise retail alcohol beverage package sales (beer, wine and alcoholic beverages) 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 Development Services Department concerning any questions, 200 S Main Street, Grapevine, Texas 76051 or PO 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. K Susan Batte From: Lopez, Christine <clopez@star-telegram.com> Sent: Friday, September 30, 2016 3:07 PM To: Susan Batte Subject: Re: Grapevine notice ad received Christine Christine Lopez Legal Classified Representative Phone: 817-390-7522 On Fri, Sep 30, 2016 at 12:32 PM, Susan Batte <sbatte(a@grapevinetexas.gov> wrote: Please see attached, I have also faxed a copy just in case you do not receive this Susan Batte From: Lopez, Christine <clopez@star-telegram.com> Sent: Monday, October 03, 2016 10:02 AM To: Susan Batte; Cristin Turner Subject: legal notices Susan/Cristin, I was just informed that the ad did not run on Sunday. Apparently our system went down late friday and the credit dept & managers were not able to access queues to release ads for Sundays' edition. I can get set up for Wed Oct 5 at no charge. Sorry for the inconvenience this may have caused. Christine Christine Lopez Legal Classified Representative Phone: 817-390-7522 'z Iz Susan Batte From: Lopez, Christine <clopez@star-telegram.com> Sent: Monday, October 03, 2016 11:17 AM To: Susan Batte Subject: Re: legal notices Susan, Thanks i will get set up for 10/5 Christine Christine Lopez Legal Classified Representative Phone: 817-390-7522 F tx x J On Mon, Oct 3, 2016 at 11:09 AM, Susan Batte <sbatte(c gr4pevinetexas.gov> wrote: Please run on Wednesday, October 5 From: Lopez, Christine[mailto:clopez@star-telegram.coml Sent: Monday, October 03, 2016 10:02 AM To: Susan Batte <sbatte(a@grapevinetexas.gov>; Cristin Turner <cturner@grapevinetexas.gov> Subject: legal notices Susan/Cristin, I was just informed that the ad did not run on Sunday. Apparently our system went down late friday and the credit dept & managers were not able to access queues to release ads for Sundays' edition. I can get set up for Wed Oct 5 at no charge. Sorry for the inconvenience this may have caused. Christine Christine Lopez Legal Classified Representative Phone: 817-390-7522 0 Star -Telegram Customer ID: CTT25 808 Throckmorton St. Invoice Number: 338697581 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 10/5/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Bill To: Due Date: 10/31/2016 CITY OF GRAPEVINE SECRETARY PO Number: PO BOX 95104 Order Number: 33869758 GRAPEVINE, TX 76099-9704 Sales Rep: 073 Description: CITY OF GRAPEVI Attn: Attn: ACCOUNTS . PAYABLE Publication Date: 10/5/2016 Description I Location Col Depth Linage MU ' Rate Amount CITY OF GRAPEVINE, TEXAS On I3580 1 114 114 LINE $1.44 $164.16 Misc Fee County of Tarrant $5.00 Net Amount: $169.16 DEBORAH JEAN BAYIOR Notary Pubflc, State of Texas }� My Commission Expires October 29, 2019 Before me, a Notary Public in and for said County and State, this day personaf� appeared Christy Holland, Bids & Legal Coordinator for the Star-Te(egram, publishedby the Star - Tefegram, Inc. at Fort Worth, in Tarrant County, TeXas : and who after being duly sworn, did depose andsay that the attached clipping of advertisement was published in the above named paper on the fisted dates: BIDS & LEGALS DLPE Star -Telegram. (,SUBSCRIBED AND SWORNTO BEFORE ME, THIS DAYOF October 1l) 2016 SBned NOTARYP4IBLIC Thank You For Your Payment U-, Remit To: Star -Telegram Customer ID: CIT25 P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR FORT WORTH, TX 76101-2051 Invoice Number: 338697581 Invoice Amount: $169.16 PO Number: Amount Enclosed: $ ferson Silver take Apartments submitted by Newcrest Image for property, located at 1175 State mem uve1,10Y w;.u�viate rwm-i not be limited to standards relat to landscaping. The proAerty; zoned `CC Community CbAttf& and :is owned by LEM 'Rer Properties. ' CU16.26 - Texas Gun Experienc submitted by DFW Shooting Spc for property located at 1901 So, Main Street and platted as Loi Block 3, Metroplace 2nd Inst ment. The applicant is request a conditional use permit to all an indoor shooting range, property is zoned CC Commur Commercial and is owned by Ja and Joseph Stanyer. CU16-28 - Daylight Golf - submit by Daylight Golffor property Iota at 1041 West State Highway and platted as Lot 2R, Block 1,`' Crossroads of DFW. The applic is requesting 'a conditional Susan Batte From: Lopez, Christine <clopez@star-telegram.com> Sent: Friday, October 14, 2016 4:33 PM To: Susan Batte Subject: Re: legal notices Susan, ads for 10/2 & 10/5 will be adjusted since this was on our end Christine :) Christine Lopez Legal Classified Representative Phone: 817-390-7522 rx rx LJ On Fri, Oct 14, 2016 at 4:28 PM, Susan Batte <sbatte@grapevinetexas. ov> wrote: Please see attached invoice I received today for our advertisement From: Lopez, Christine [mailto:clopez@star-telegram.com] Sent: Monday, October 03, 201611:17 AM To: Susan Batte <sbatte@grapevinetexas.gov> Subject: Re: legal notices Susan, Thanks i will get set up for 10/5 Christine Christine Lopez Legal Classified Representative Phone: 817-390-7522 0 On Mon, Oct 3, 2016 at 11:09 AM, Susan Batte <sbattengrapevinetexas.gov> wrote: Please run on Wednesday, October 5 From: Lopez, Christine [mailto:clopez@star-telegram.com] Sent: Monday, October 03, 2016 10:02 AM To: Susan Batte <sbatte@grapevinetexas.gov>; Cristin Turner <cturner@grapevinetexas.gov> Subject: legal notices Susan/Cristin, I was just informed that the ad did not run on Sunday. Apparently our system went down late friday and the credit dept & managers were not able to access queues to release ads for Sundays' edition. I can get set up for Wed Oct 5 at no charge. Sorry for the inconvenience this may have caused. Christine Christine Lopez Legal Classified Representative Phone: 817-390-7522 D