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HomeMy WebLinkAboutORD 2025-082ORDINANCE NO. 2025-082 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING SECTION 12, DEFINITIONS, SECTION 41.B., TRANSIT DISTRICT OVERLAY (TDO), AND SECTION 56, OFF-STREET PARKING REQUIREMENTS OF THE ZONING ORDINANCE FOR THE PURPOSE OF ADDING DEFINITIONS; AND TO CLARIFY LANGUAGE, APPLICATION PROCESSES, PERMITTED USES, AND ASSOCIATED PARKING REQUIREMENTS FOR LAND USES WITHIN THE OVERLAY (AM25-03B); REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)); PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine created Section 41.B., Transit District Overlay (TDO), "Overlay" of the Zoning Ordinance with adoption of Ordinance No. 2019-008 on February 19, 2019; and WHEREAS, the City of Grapevine adopted the Transit District Overlay to encourage compact, mixed -use, and pedestrian -oriented development patterns that support the use of public transit; and WHEREAS, upon review and implementation of the Overlay, the Planning and Zoning Commission has identified the need to clarify certain provisions to ensure consistent interpretation and administration of the regulations; and WHEREAS, the proposed amendments include the addition of definitions, clarification of language related to application procedures, and refinement of permitted uses and associated parking requirements within the overlay district; and WHEREAS, these amendments are intended to promote development that aligns with the goals and objectives of the City's Comprehensive Master Plan and the vision for the Transit District area; and WHEREAS, proper notice of the proposed amendment has been given in accordance with state law, and a public hearing was conducted jointly by the Planning and Zoning Commission and City Council; and WHEREAS, the City Council, after due consideration of the recommendation of the Planning and Zoning Commission, the staff report, and all public testimony, finds that the proposed amendment promotes orderly development and is in the best interest of the City of Grapevine; and WHEREAS, the City Council finds that the amendments are in the best interest of the public health, safety, and welfare, and will provide greater clarity and predictability for property owners, developers, and City staff in the administration of the Overlay district; and WHEREAS, the City desires to implement those rules and regulations that protect health, life, and property and that preserve good government, order, and security of the City and its inhabitants; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code. 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 Section 12 of Zoning Ordinance No. 82-73, as amended, — "Definitions.", the following definitions are hereby added, as follows: Health and Fitness Center. A large facility that provides a wide range of health, wellness, and exercise services to many patrons. These centers typically feature areas for weight training and cardiovascular workouts, as well as indoor courts, swimming pools, martial arts classes, group fitness rooms, childcare services, locker rooms, and food or juice bars. Most health and fitness centers operate on a membership basis, can accommodate more than 50 people at a time, and have a floor area exceeding 5,000 square feet. This category includes, but is not limited to, establishments such as martial arts academies with large student bodies and national or regional fitness chains. Specialty Fitness Studio. A facility designed primarily for small -group or individual fitness instruction and training in specialized disciplines, such as yoga, Pilates, barre, spin, boxing, some martial arts, dance fitness, and similar activities. These studios typically operate with scheduled classes or limited membership access, accommodating fewer than 50 people at any given time and occupying no more than 5,000 square feet of floor space. Additionally, they may engage in ancillary retail sales of related products, such as apparel, nutritional supplements, or equipment, and offer incidental personal services like massage or wellness coaching. Ordinance No. 2025-082 2 AM25-03B Section 3. That Section 56 of the Zoning Ordinance — "Off -Street Parking Requirements", is hereby, amended, as follows: Use Number Number of parking Required for each Recreation, Social and Entertainment Uses Indoor commercial 1 100 sq. ft. of enclosed floor amusements area Outdoor commercial 20 plus 1 6 seats amusements Bowling alley 20 plus 3 Lane Theaters/cinemas 1 4 seats Outdoor theater 1 2 seats Golf course (public and 5 Hole private) 1 10 linear feet of driving area Plus 50% of any For each additional use required parking Indoor skating facilities 1 Per 2.5 persons based on occupant load of skating surfaces Plus 1 Per 3 persons based on spectator seating Health and Fitness Center 1 300 sq. ft. of gross floor area or 1 space per 3 occupants (based on the maximum class size), whichever is greater Specialty Fitness Studio 1 1 space per 200 sq. ft. of gross floor area or 1 space per 2 occupants (based on maximum fire code capacity), whichever is I greater. Section 4. That Section 41.B of the Zoning Ordinance — "Transit District Overlay (TDO)", is hereby, amended, as follows: PURPOSE: Given the creation of the TEXRail Station within the city, this type of public transportation center can lead to development pressure within close proximity to the Ordinance No. 2025-082 3 AM25-03B station. often referred to as Transit Oriented Development (TOD). This combination of commuter rail the rail station, hotel and parking structure investment, and its proximity to Grapevine's Historic Main Street creates unique development opportunities within the city. The Transit District Overlay (Overlay) is intended to encourage compatible and progressive development within approximately 118 acres centered at the Grapevine Main Station/Hotel Vin complex, generally bounded by Dallas Road and Main Street, east to Ball Street, west to Faith Christian School, and north to the TEXRail line. The Overlay shall only be established on property that has an approved base zoning district, either in place prior to or concurrently with the consideration of the Overlay application. The base zoning district establishes the foundational land uses permitted on the property, while the Overlay provides additional flexibility for urban design, increased density, reduced setbacks, expanded use options, and alternative parking strategies appropriate within a transit -oriented context. The Overlay shall serve as a supplementary layer to the base zoning, offering discretionary tools for design and planning that support the principles of TOD. This includes enhanced urban form, pedestrian orientation, and context -sensitive development. Through this mechanism, the Planning and Zoning Commission and City Council may impose conditions to mitigate potential adverse impacts on the community or surrounding properties. GENERAL GUIDELINES: All development and uses intended within the Transit District utilizing the Overlay shall comply with the criteria established in this Section 41 B. Transit District Overlay, and The City of Grapevine Transit District Overlay, Design and Development Standards, attached hereto as Exhibit "A", and incorporated herein by reference. In situations where a conflict between the Overlay and the Zoning Ordinance may occur, the provisions of the Overlay shall govern. However, the underlying base zoning shall remain the controlling standard for permitted land uses unless otherwise modified or supplemented by the approved Overlay. APPLICATION FOR UTILIZING THE TRANSIT DISTRICT OVERLAY: An application for a Transit District Overlay shall be filed with the Director of Planning Services and processed in accordance with the procedure set forth in Section 48, Conditional Uses. The Overlay application shall contain a Site Plan as outlined in Section 47, Site Plan Review, along with appropriate information, drawing and exhibits demonstrating adherence to the Overlay requirements as well as any additional information as may be required by the Planning and Zoning Commission, City Council, or the Director of Planning Services Approval of a Transit District Overlay supplements the existing base zoning designation without eliminating it. The property must be developed according to the approved use, site plan, and Overlay conditions. Once the Overlay is approved, the previous zoning Ordinance No. 2025-082 4 AM25-03B district no longer applies, and any changes to the site plan or standards require an amendment to the Overlay, which may require changing the base zoning district. Until the property is rezoned or an amendment is granted, it can only be used in accordance with the approved site plan. Subsection 4.A., Allowable Uses by Intensity Sub -District The Grapevine Transit District is divided into three "Intensity Sub -Districts", consisting of specific groups of parcels to which varying levels of activity are anticipated. While "intensity" is somewhat related to land use and density, it also has a higher meaning related to types of uses, energy, concentration of activity, and excitement. The City Council and Planning and Zoning Commission specifically selected the use of "intensity" as a differentiator for Transit District sub -districts to ensure that the uses within those subdistricts focus on more than just density as development standards are created. HIGH -INTENSITY SUB DISTRICT The High -Intensity Sub District focuses on the core of the Transit District, the area most closely adjacent to the rail station up to approximately one -quarter mile from the station platform. "High -intensity" refers not only to the desire for moderately high levels of density, but also to high levels of activity focused on public uses. Walkability and pedestrian amenities are very important to this Sub -District, as is landscaping including street trees and other shade elements. The vision of the City of Grapevine for the High Intensity Sub - District is for it to be the most energetic and exciting area within the transit corridor. Uses would include but not be limited to: family -oriented attractions and entertainment venues, and local and regional retail and restaurants. Grouped clusters of uses, along a pedestrian path, similar to a European village would be appropriate. Specialty/boutique retail is encouraged, as are artisan and craft studios and shops. See Allowable Uses by Intensity Sub -District. Please refer to Allowable Uses by Intensity Sub -District for additional information on permitted, conditional uses and prohibitions on uses within this district. MEDIUM -INTENSITY SUB -DISTRICT The Medium -Intensity Sub -District focuses on areas of development and potential redevelopment that are in most cases adjacent to the High -Intensity Sub -District and generally range from a quarter mile to a half -mile from the rail station platform. It includes the area immediately east of the High -Intensity Sub -District between Dallas Road and the rail line, the area immediately south of the platform along Main Street stretching to the civic complex and extending west along Dallas Road to William D. Tate Avenue. "Medium -intensity" in this case refers not only to moderate density but also to a moderate degree of public -focused activity and development. Pedestrian connectivity is still very important in this Sub -District. The vision of the City of Grapevine for this Intensity Sub - Ordinance No. 2025-082 5 AM25-03B District includes, but is not limited to, less intensive retail and commercial uses, restaurants, and specialty retail, craft, and artisan shops and studios. Lower density mixed -use development would be appropriate for consideration in the Medium Intensity Sub -District. See Allowable Uses by Intensity Sub -District. Please refer to Allowable Uses by Intensity Sub -District for additional information on permitted, conditional uses and prohibitions on uses within this district. LOW -INTENSITY SUB -DISTRICT The Low -Intensity Sub -District includes primarily areas on the northwest and southwest peripheries of the Transit District, including the area on the far northwest of the Transit District between the rail line and Hudgins St. on the south and north and between Ira E. Woods Ave. and William D. Tate Avenue on the east and west, and a small number of parcels on the southwest side of the Transit District near W. Nash St. In this case, "low intensity" means that this sub -district has the lowest potential to have significant densities and/or commercial and retail -focused activity. The vision of the city for the Low Intensity Sub -District is that these areas provide important transition zones to surrounding neighborhoods, including established single-family neighborhoods. Residential development in the Low Intensity Sub -District should be owner -occupied brownstone products All development or redevelopment should include pedestrian connectivity to the rest of the district. See Allowable Uses by Intensity Sub -District. Please refer to Allowable Uses by Intensity Sub -District for additional information on permitted, conditional uses and prohibitions on uses within this district. Section 5. That Figure 3: "Preferred Use Matrix" of Section 41.B of the Zoning Ordinance — "Transit District Overlay (TDO)", is hereby, deleted and replaced in its entirety, as follows: LOW INTENSITY A. Permitted Uses: Professional Offices, limited to: • Offices, including professional, business and administrative. • Governmental office buildings and uses. • Medical offices but not including laboratories for the manufacture of pharmaceutical or other products for general sale or distribution. • Engineering, architectural, and design services, provided that such services are performed by individuals or firms duly licensed or registered under applicable state law. • Professional offices which include the following professional and semiprofessional occupations: accountants; attorneys; dentists; insurance Ordinance No. 2025-082 6 AM25-03B agents; real estate agents; personal or family counselors; chiropractors; physical therapists; physicians; and surgeons. • Brownstones. • Personal service establishments including beauty, barber, dry cleaning and laundry pickup, shoe repair, and express or mailing offices. • Art galleries. • Museums. B. Conditional Uses: • Electric vehicle (EV) charging stations. (See Section 42.1.). C. Prohibited Uses: • Drive-in or drive -through service. • Veterinarians. • Veterinary hospitals. • Animal grooming salons. • Dog kennels • Funeral homes. I�,147III � Il,Ii4i!F911CJ A. Permitted Uses: • Travel agencies. • Professional Offices, limited to: o Offices, including professional, business and administrative. o Governmental office buildings and uses. o Medical offices but not including laboratories for the manufacture of pharmaceutical or other products for general sale or distribution. o Engineering, architectural, and design services, provided that such services are performed by individuals or firms duly licensed or registered under applicable state law. o Professional offices which include the following professional and semiprofessional occupations: accountants; attorneys; dentists; insurance agents; real estate agents; personal or family counselors; chiropractors; physical therapists; physicians; and surgeons. • Financial institutions or banks. • Automated teller machine (ATM) kiosk. • Pharmacies. • Studios for art, dancing, drama, music, photography, interior decorating or reducing and including artisan studios for the creations of crafts, furniture, and arts which are handmade or handcrafted. • Specialized fitness training studios in an enclosed building where the size of the space does not exceed 3,000 square feet. • Permanent cosmetic application with a valid Tattoo Studio License from the Texas Department of Health and licensure from the Texas Cosmetology Commission. Ordinance No. 2025-082 7 AM25-03B • Restaurants with inside dining. • Live/ Workspace. • Licensed childcare program. • Convenience stores. • Retail stores and sales, limited to, antique, art supply, sporting goods, clothing, music, television sales and repair, stationary, collectables, jewelry, leather goods and luggage, linens, fabrics, optical goods, electronics, delicatessens, bakeries, coffee shops, and office supplies. • Commercial print center. • Fraternal organization or club that organizes for civic, social, cultural, religious, education, or charitable purposes, operating as a recognized entity of a national or regional fraternal order. • A facility, jointly developed, owned, or operated by a public agency and a private entity under a contractual agreement approved by the governmental body. • Information technology services, excluding hardware sales and repair. B. Conditional Uses: • Alcoholic beverage sales provided a conditional use permit is issued in accordance with Section 42.13 of this ordinance. • Outdoor speakers. • Wine tasting facility with alcoholic beverage sales with on -premises and off - premises consumption provided a conditional use 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. • Winery with alcoholic beverage sales, with, on -premises and off -premises consumption, provided a conditional use permit is issued in accordance with Section 42.B. of the ordinance. • Electric vehicle (EV) charging stations. (See Section 42.1.). • Outside display and sales of merchandise. • Outside dining. C. Prohibited Uses: • Drive-in or drive -through service. • Gasoline service station. • Veterinarians. • Veterinary hospitals. • Animal grooming salons. • Dog kennels • Funeral homes. Ordinance No. 2025-082 8 AM25-03B IsICC] MII' 11114kl&1 l A. Permitted Uses: • All permitted uses in medium intensity area (Medium Intensity. A. Permitted Uses) shall also be permitted in high intensity area but excluding licensed childcare programs. • Health spas and Specialty Fitness Studios (massage establishments must meet the requirements of Section 49.13.5.) within an enclosed building. • Art galleries. • Museums. • Indoor commercial amusements limited to skating rinks. • Restaurants with inside dining. • Conference and convention centers. • Public institutions and nonprofit institutions of any educational, religious or cultural type. • Vocation, trade, and technical schools. • Boutique hotels. • Parking garage, free and public use. Paid parking garages must comply with Section 49.B. of this ordinance. • Retail vendor kiosks. • A facility, jointly developed, owned, or operated by a public agency and a private entity under a contractual agreement approved by the governmental body. B. Conditional Uses: • Theaters and cinemas. • Alcoholic beverage sales provided a conditional use permit is issued in accordance with Section 42.13 of this ordinance. • Outdoor dining. • Outdoor speakers. • Electric vehicle (EV) charging stations. (See Section 42.1.). • Outside display and sales of merchandise. • Artisan market hall or pavilion. Retail sales are limited to those items otherwise identified as permitted retail in this intensity area. • Indoor commercial amusements, the operation of which is total within an enclosed building, including bowling alleys, video arcades, and roller skating and ice-skating arenas. • Wine tasting facility with alcoholic beverage sales with on -premises and off - premises consumption provided a conditional use 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. • Winery with alcoholic beverage sales, with, on -premises and off -premises consumption, provided a conditional use permit is issued in accordance with Section 42.B. of the ordinance. • Brew pub. Ordinance No. 2025-082 9 AM25-03B • Distilleries. • Private and charter schools. C. Prohibited Uses: • Drive-in or drive -through service. • Gasoline service station. • Corrective institutions. • Hospitals. • Any residential use. • Licensed childcare programs. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of 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 stay in full force and effect. Section 7. 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 public creatas an emergency which requires that this ordinance become effective from and after date of its passage, and it is accordingly so ordained. Section 8. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdernea,-i3ir and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($)2,000.00) for each offense. Each day on which a reported violation is committed will be deemed a separate offense. Section 9. Ail ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deerned repealed and of no force or effect. PASSED AND APPROVED BY THrE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of November, 2025. William D. Tate Mayor Ordinance No. 2025-082 10 AIT-125-0313 ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2025-082 11 AM25-03B