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HomeMy WebLinkAboutItem 04 & 24 - AM17-02 MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND MEMBERS OF THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: SEPTEMBER 19, 2017 SUBJECT: ZONING ORDINANCE AMENDMENT AM17-02—AMENDMENT TO SECTION 38, "GU" GOVERNMENTAL USE DISTRICT RELATIVE TO HOTEL OR MOTEL USES AS A CONDITIONAL USE RECOMMENDATION: Staff recommends the Planning and Zoning Commission and the City Council consider the amendment to Section 38, "GU" Governmental Use District relative to hotel or motel uses as a conditional use and take any other action necessary. BACKGROUND INFORMATION: As part of the TexRail regional commuter rail project, the City of Grapevine is partnering with Coury Hospitality to construct a world class rail station, hotel, and parking facility. This facility will be unlike anything in the region, and will contain elements that could never have been foreseen in the zoning ordinance. In anticipation of this project, staff has identified the need for a minor amendment to the zoning ordinance to accommodate this project, specifically, an amendment to Section 38, "GU" Governmental Use District to allow for hotels or motels within the district through the conditional use process. The subject 4.5 acre tract is currently zoned "LI" Light Industrial District and will be before the Commission and Council at the October 17 meeting for consideration of a zone change to "GU" Governmental Use District to accommodate the uses previously described; i.e. rail station, hotel, and parking garage. As currently written, the "GU" Governmental Use District has no provision for hotel or motel uses and has been subsequently amended to allow these uses only through the conditional use process. Since the "GU" Governmental Use District has never had a provision for these types of uses, and given the unique aspects of this development,the minimum room count, minimum room size, restaurant, meeting space, and swimming pool requirements have been omitted from this amendment. See the attached ordinance. /rs DRAFT SECTION 38. GU 091917 C. CONDITIONAL USES: The following conditional uses may be permitted provided a Conditional Use Permit is issued pursuant to Section 48. 1. Government maintenance facilities. 2. Public utility facilities. 3. Jails, detention facilities or work camps. 4. Public incinerators. 5. Sanitary landfills. 6. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. 7. Airports and airport-related facilities and services including, but not limited to, terminals, runways, taxiways, tramways, airport hangers, warehouses, heliports, helistops, service establishments catering to the airport and airport- related facilities and excavation or fill for any airport related facility. 8. Any use allowed within this district with outdoor speakers. 9. Hotels or Motels. D. LIMITATION OF USES: None required. E. PLAN REQUIREMENTS: No application for a building permit for construction of a building or structure 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. GOVERNMENTAL IMMUNITY: 1. Upon petition of the applicant, the City Planning and Zoning Commission 012009 2 Section 38 ORDINANCE NO. 2017-063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING SECTION 38, GU GOVERNMENT USE DISTRICT; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 38 of the Zoning Ordinance of the City of Grapevine regulates Governmental Use District; and WHEREAS, the City Council wishes to amend Section 38 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. Section 38 of the Zoning Ordinance — "Government Use District", is hereby amended by adding Subsection (C)(9) to shall read as follows: "9. Hotels or Motels." [The remainder of this Section shall remain unchanged.] Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Section 4. Any person, firm or corporation 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 ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. 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 remain in full force and effect. Section 6. 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 creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of September, 2017. APPROVED: William D. Tate Mayor ATTEST Tara Brooks City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney Ordinance No. 2017-063 2