The URL can be used to link to this page

Home My WebLink AboutItem 07 - AM07-05 Zoning Ordinance Amendment �� ' � �� , �� ,-r , � � �. 5 � _ _-�- _ ._. P�� # g McMO 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 ORDINANCEAMENDMENTTO SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT RELATIVE TO RESTAURANTS AS A CONDITIONAL USE RECOMMENDATION: Staff re�ommends 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. BACKGROUND INFORMATION: 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 � 0:1ZCU�,4M07-05.4 � 01/09/08 3:29 PM i *7��F � i L . . . . . . .. L 1 ��. ( � ��.� � � ' • � . �� 4.- � x f;k "4,, m" .. \ � , _ ... ._, z��. ._ �.s'�y,.,,` „ . � � . . . � . _ _ . . . All of these restaurants have been approved by the Planning and Zoning Commission and City Council through the canditional 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 O:�ZCU1AM07-05.4 2 �°" 01/09/08 3:29 PM DRAFT 011508 �. 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. y1�. 5. Furniture, including office furniture and equipment. ��,1coo��i�r�n�o inn �rlir�n v��}cirlo �ininr� r1��pnc �+r±!J h..L�r�..n � - �6. Clubs and lodges. �7. Museums. �8. Movie theaters and opera houses. a-A9. Publicly operated parking facilities. �1-10. Outdoor sales of inerchandise are prohibited during all sanctioned festivals, except the holder of a special permit issued by the Grapevine Heritage Foundation authorizing outdoor sales of inerchandise. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a 032304 Section 28 1 � O:\ORDINANCES�Zoning OrdinancelDrafts\SEC.28.121907.doc ,.,�, ,. ,. „�.,�,. DRAFT 011508 ��:.�. 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 inerchandise. a. All outside display of inerchandise 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 inerchandise 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.B 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.B. of the ordinance. 032304 Section 28 2 �...� O:10RDINANCES�Zoning OrdinancelDrafts\SEC.28.121907.doc D RAFT 011508 � 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 42.6. 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 includinq thos� with outside dininq. 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. 032304 Section 28 3 °'"� 0:\ORDINANCES�Zoning Ordinance\Drafts\SEC.28.121907.doc ,. , . .�;.�« ��> �.�. , DRAFT 0115a8 � G. AREA REGULATIONS: The following minimum standards shall be required: 1. LOT WIDTH - Every lot shall have a minimum width not iess 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 Section 28 4 � O:\ORDINANCES1Zoning Ordinance\Drafts\SEC.28.121907.doc DRAFT 0'�1508 �, M. ADDITIONAL �UFFERING, 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 Section 28 5 '� O�,ORDINANCES�Zoning Ordinance\Grafts\SEC.28.121907.doc � ,..i� n ,,., �, �,��/� �`' 4 � e�� > � .- �r; 1jr; ;� �� M '�� • ORDINANCE NO. � 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 28 "CBD" CENTRAL BUSINESS 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. 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, hg.� , paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 28 "CBD" Central Business District is here by amended in its entirety as shown in the attached Exhibit "A". Section 2. 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 3. 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 4. 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 generai welfare of the public which requires that this ordinance shail 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 15th day of January, 2008. APPROVED: ATTEST: � APPROVED AS TO FORM: � ORD. NO. 2