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HomeMy WebLinkAboutAM1993-05DATE: SEPTEMBER 9, 1992 TO: PLANNING & ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OF COMMUNITY DEVELOPMENT AW MARCY RATCLIFF, PLANNER SUBJECT: SUMMARY OF THE WORKSHOP AGENDA MEETING DATE: SEPTEMBER 14, 1993 DRAFT PROPOSAL OF THE GRAPEVINE VINTAGE DISTRICT Marcy and I have been developing a new zoning district to specifically accommodate wineries, vineyards, wine tasting facilities, and low intensity retail/commercial uses which promote, enhance and compliment the Texas Wine Industry. The design of the district is to primarily serve as a low intensity commercial transitional district, which buffers low density residential land uses from high intensity commercial land uses. With this purpose in mind, please review the attached Draft Copy #7 of the Grapevine Vintage District Regulations. As you review the district uses, density requirements, area regulations, buffer area regulations and design requirements; remember, this is a district that would be suitable adjacent to neighborhoods like Western Oaks Estates, Section II. With this in mind, it will help to keep in focus the types of uses and how they are to be designed and arranged to serve as a transition from single family residential to low intensity retail/commercial uses. SECTION 56 OFF-STREET PARKING REGULATIONS Attached is a draft proposal of parking requirements for a winery and a wine tasting facility. The draft amendments are not based on what other cities require, because most wineries and wine tasting facilities are not located within any city limits. The draft amendments are similar to Grapevine's existing parking requirements. The parking requirements for a winery are similar to those of a manufacturing use and of the recreational uses such as a golf course. This proposed amendment allows Staff to require more parking if there is a mixture of uses, which is very likely. The parking requirements for a wine tasting facility are similar to Fort Worth's, who does have a wine tasting facility. Fort Worth treats a wine tasting facility like a restaurant. The draft amendment requires a wine tasting facility to have the same number of parking spaces as required for a restaurant. 1mr 0:\0RD\WSPZ9.14 FURTHER CONSIDERATION OF STATE HIGHWAY 121 SOUTH CORRIDOR LAND USE STUDY Staff will have the Land Use Map revised per the comments from the August 31 meeting for your review. AMENDMENTS TO THE COMPREHENSIVE MASTER PLAN 1974-94 UPDATE 1987 Staff has drafted the proposed amendments to the text of the Comprehensive Master Plan 1974- 94 Update 1987 to indicate which zoning districts are in the particular land use designations. See the attached amendments. If you have any questions or need any clarifications please call at 481-0377 or 481-0359. We intended to get the packet to you earlier, but were unable do so with the time constraints. /mr 0:\ORD\WSPZ9.14 2 DRAFT COPY - # 7 09/08/93 Sec. 23A. G -V Grapevine Vintage District Regulations PURPOSE: The G -V District is established to provide locations to accommodate wineries, vineyards and the associated low intensity retail/commercial uses, to be designed and arranged to buffer single family and other residential zoning districts from high intensity commercial zoning. The G -V District is intended for wineries, vineyards, wine tasting facilities, and low intensity retail/commercial uses which promote, enhance and compliment the Texas Wine Industry. The G -V District is primarily established as a transitional district that serves as a low intensity commercial land use to buffer low density residential uses land uses from commercial land uses. Such facilities should not be so large or so broad in scope of services as to attract intensive commercial developments. USES GENERALLY: In a G -V Grapevine Vintage District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PRINCIPAL USES: 1. Vineyards. 071693 1 Section 23A DRAFT COPY - # 7 09/08/93 2. Restaurants and restaurants with outside dining, excluding drive-in and drive-through facilities. 3. Any specialty retail shops such as, but not limited to, books, florist, jewelry, gift, hobby; within a completely enclosed buildings whose aggregate gross floor area does not exceed 5,000 square feet. 4. Bakery, tea rooms, confectionery, and delicatessen, ice cream and soda fountain shops. 5. Studios for the creations of crafts, and heritage arts which are handmade or handcrafted, that do not exceed 20% of the total floor area of a permitted use listed in Section 23A.A.3. of this Ordinance. 6. Planned neighborhood shopping centers defined as a combination of all the uses permitted in 23A.A., whose entire aggregate gross floor area does not exceed one hundred thousand (100,000) square feet. All individual users shall have the same floor area limitations as noted 071693 2 Section 23A DRAFT COPY - ## 7 09/08/93 in Section 23A.A. 7. Hospitality Centers which provide meeting facilities for, but not limited to civic clubs, lodges, fraternal organizations, receptions, and seminars. 8. Dinner Theaters. 9. Art galleries and museums. B. ACCESSORY USES: The following uses shall be permitted as accessory uses: 1. Mechanical equipment no nearer than one hundred twenty (120) feet to any residentially zoned district. 2. Screened garbage storage on a concrete pad no nearer than fifty (50) feet to a residentially zoned district and not located between the front 071693 1 3 Section 23A DRAFT COPY - # 7 09/08/93 of the building and any street right-of-way. 3. Off-street parking to serve permitted uses, provided that any off-street parking or vehicular use area within sixty (60) feet of a residentially zoned district shall be separated from said lot in accordance with Section 50.C.1. Screening Alternate A. 4. Signs advertising uses on the premises in accordance with Section 60 of this Ordinance. 5. Other structures or uses which are customarily accessory and clearly incidental and subordinate to the permitted use and/or structure. C. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 1. Winery with alcoholic beverage sales, with on -premise and off - 071693 4 Section 23A DRAFT COPY - # 7 09/08/93 premise consumption, provided a special permit is issued in accordance with Section 42.B. of the Ordinance. 2. 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.B. of the Ordinance. 3. Restaurants and restaurants with outside dining, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of the Ordinance restaurants shall not be allowed. Drive-in and drive-through 4. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of this Ordinance. 5. Planned Commercial Centers. The total retail or commercial shopping floor area on any lot or parcel whose aggregate gross floor area not exceed one hundred thousand (100,000) square feet. All 071693 5 Section 23A DRAFT COPY - # 7 09/08/93 individual users shall have the same floor area limitations as noted in Section 23A.A. D. LIMITATION ON USES: 1. The G -V district is intended for neighborhood scale shopping and service facilities and whose aggregate gross floor area on any lot or parcel shall not exceed one hundred thousand (100,000) square feet. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building 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. 071693 6 Section 23A DRAFT COPY - # 7 09/08/93 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements shall apply: 1. MAXIMUM DENSITY: The maximum density within G -V District shall not exceed a floor area ratio of 0.20. 2. LOT SIZE: The minimum lot size in a G -V District shall be twenty thousand (20,000) square feet. 3. MINIMUM OPEN SPACE: At least twenty (20) percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 4. DISTRICT SIZE: The minimum size of any G -V District shall be 071693 7 Section 23A DRAFT COPY - # 7 09/08/93 one (1) acre. 5. MAXIMUM IMPERVIOUS SURFACE: The combined area occupied by all main and accessory structures, parking storage, loading and other paved areas shall not exceed eighty (80) percent of the total lot area. G. AREA REGULATIONS: The following minimum standards shall be required: 1. LOT WIDTH: Every lot shall have a minimum width of one hundred twenty-five (125) feet. 2. LOT DEPTH: Every lot shall have a minimum depth of not less than one -hundred fifty (150) feet. 3. FRONT YARD: Every lot shall have a front yard of not less than twenty-five (25) feet, which shall be utilized as a landscaped setback 071693 8 Section 23A DRAFT COPY - ## 7 09/08/93 area. Front yards shall not be used for any building, structure, fence wall, or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vineyards, or trees, and no part shall be paved or surfaced except of minimum access, driveways and sidewalks in accordance with Section 53 of this Ordinance. 4. SIDE YARDS: Every lot shall have two side yards, each of which shall be not less than ten (10) feet in width. Planned Commercial Centers permitted as a Conditional Use shall meet the requirements of Section 23A.N.1. 5. REAR YARD: Every lot shall have a rear yard of not less than rol twenty-five (25) feet in depth. Planned Commercial Centers permitted as a Conditional Use shall meet the requirements of Section 23A.N.1. DISTANCE BETWEEN BUILDINGS: The minimum distance 071693 9 Section 23A DRAFT COPY - # 7 09/08/93 between detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. H. BUFFER AREA REGULATIONS: 1. BUFFER AND SCREENING REQUIREMENTS: Whenever a G -V District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Sections 50, 53, 23A.H.2. and 23A.H.3. of this Ordinance. 2. ADDITIONAL BUILDING SETBACK REQUIREMENTS: No building or structure shall be located nearer to any residentially zoned property than a distance equal to one and one half (1-1/2) times the height of any building or structure. 3. ADDITIONAL SCREENING, FENCING AND LANDSCAPING: The Planning and Zoning Commission may recommend and the City Council may require screening, fencing, buffering and landscaping 071693 10 Section 23A DRAFT COPY - # 7 09/08/93 requirements on any zone change, ocnditional use, or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping 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. I. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding thirty-five (35) feet, except buildings located contiguous to an R-20, R-12.59 R-7.5 or R-5.0 Residential District shall not exceed one (1) story or twenty-five (25) feet in height. 2. No accessory structure shall be erected or altered to a height exceeding twenty-five (25) feet. 071693 11 Section 23A J. DRAFT COPY - # 7 09/08/93 LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in M. accordance with the provision of Section 57 of this Ordinance. DESIGN REQUIREMENTS: The following design requirements shall apply in the G -V District: 1. 2. Lighting shall be designed to reflect away from any adjacent residential area. Parking lot lighting facilities, if provided shall meet the requirement of Section 58, Parking and Loading Area Development Standards 071693 12 Section 23A DRAFT COPY - # 7 09/08/93 3. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view in accordance with Section 50.13.3. 4. Due to the development nature of the Grapevine Vintage District, it is recognized that requiring wineries to have exterior fire resistant construction having at least seventy (70) percent of the total exterior walls, excluding doors and windows constructed of brick, stone or other masonry or material of equal characteristics in accordance with the City Building Code and Fire Prevention Code may not allow for vintage type developments. Wineries proposed in the G -V not meeting the seventy (70) percent masonry requirement shall present a exterior wall plan to the Planning and Zoning Commission and the Commission shall establish the amount of masonry required. N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: Each lot or parcel of land created within a Planned Commercial Center shall comply with the following requirements: 071693 13 Section 23A DRAFT COPY - # 7 09/08/93 1. MINIMUM YARD REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The front yard requirements contained in Section 23A.G.3. shall be applicable to each lot or parcel of land within a Planned Commercial Center. A minimum ten (10) foot side and a minimum twenty-five (25) foot rear yard shall be required around the outside perimeter of the Planned Commercial Center. Minimum side and rear yard requirements of interior lots may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 2. LANDSCAPING REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The minimum landscaping requirements of Section 53.H.2.b shall be applicable around the outside perimeter of a Planned Commercial Center. For interior lots the minimum landscaping requirements of Section 53.H.2.b may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 071693 14 Section 23A DRAFT COPY - # 7 09/08/93 3. MINIMUM OPEN SPACE REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: At least twenty (20) percent of the total site area of the Planned Commercial Center shall be devoted to nonvehicular open space (nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 071693 15 Section 23A DRAFT COPY # I Cap) Elementary School, Junior High, 1 Cap.) Middle School School, Senior High 1 Cap) Lodge or Fraternal 1 Organization 3. FOOD AND BEVERAGE SERVICE: Eating or drinking establishment 12 plus 1 service to auto. Eating or drinking establishment 1 no service to auto. Food service establishment 1 carry -out service only. Winery 1 Wine tasting facility plus 100% of any required parking 1 111792 5 12 students (Design 3 students (Design 200 sq. ft. gross floor area. 50 sq. ft. of floor area. 3 persons (maximum occupant load for a building.) 100 sq. ft. gross floor area. 1000 sa.ft of floor area. For each additional use. 3 persons ( m a x i m u m occupant load for a buildin . Section 56 E. FUTURE LAND USE Map 2 is the Land Use Plan for the City of Grapevine, and is the graphic representation of the goals, objectives and policies of the City of Grapevine, as adopted by the City Council. The land use policies establish the reasoning and set the design standards for the type, amount and density of development shown on the map. the land use patterns of the map cannot be achieved without adopted policies directed toward that end, and when the map is in conflict with the policies, the map should be revised to meet those policies. Likewise, when a development proposal is in conformance with the policies but in conflict with the map, it is in accordance with the Comprehensive Plan as the map is nothing more than a graphic representation of those policies. Map 2 as a graphic representation denotes the land uses with colors. The land use designations are divided by density and use. The color yellow represents residential low density (O through 4 units per acre) land use. Tan represents residential medium density (over 4 units through 12 units per acre) land use. Brown represents residential high density (over 12 units through 20 units per acre) land use. Green represents governmental use land use. Fuchsia represents the central business district land use. Light pink represents low intensity commercial land use Red represents commercial land use. Blue represents industrial land use. Blue with black slash marks represents industrial/commercial land use Below is a chart denoting what the zoning districts are designated. Residential Low Density Residential Medium Densitv "R-20" Single Family "R-5.0" Zero Lot Line "R-12.5" Single Family "R-3.5" Two Family District "R-7.5" Single Family "R-3.75" Three & Four Fam. "R -MH" Mobile Home "R-TH" Townhouse "R-MODH" Modular Home "PRD -6" Planned Residential Low Density "PRD -12" Planned Residential Medium Density Residential High Density Governmental Use "R -MF -1 " Multi -Family "GU" Governmental Use "R -MF -2" Multi -Family District Central Business District Flood Plain "CBD" Central Business District Any District Low Intensity Commercial Commercial "LB" Limited Business " C C" C o m m u nit v Commercial "GV" Grapevine Vintage "HC" Highway Commercial "CN" Neighborhood Commercial "HCO" Hotel Corporate Office "PO" Professional Office "PCD" Planned Comm. Dev. Industrial "LI" Light Industrial Industrial/Commercial All the zoning districts listed under Industrial and Commercial Land Uses "PID" Planned Industrial Development ml DATE: SEPTEMBER 16, 1992 TO: PLANNING & ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OFC% TY DEVELOPMENT MARCY RATCLIFF, PLANNER SUBJECT: REVISIONS TO THE DRAFT GRAPEVINE VINTAGE DISTRICT AND OTHER DISTRICTS RELATING TO WINERIES MEETING DATE: SEPTEMBER 21, 1993 Staff has revised the draft Grapevine Vintage ("GV") District regulations according to the discussions held at the Planning and Zoning Workshop on September 14, 1993. We are still in the process of calling various cities and counties in California for information regarding inns and parking requirements for tour buses. We will have additional information on inns and parking regulations available Tuesday night at the meeting. The other amendments deleting a winery as a conditional use in Community Commercial, Hotel and Corporate Office District, and Light Industrial will also be available Tuesday night. With these revisions in mind, please review the attached Draft Copy #8 of the Grapevine Vintage District Regulations and check your notes to make sure we made all the changes. If you have any questions please call at 481-0377. /mr 0:\0RD\WSPZ9.21 Draft Copy - #8 9/16/93 Sec. 23A. G -V Grapevine Vintage District Regulations PURPOSE: The G -V District is established to provide locations to accommodate wineries, vineyards and the associated low intensity retail/commercial uses, to be designed and arranged to buffer single family and other residential zoning districts from high intensity commercial zoning. The G -V District is intended for wineries, vineyards, wine tasting facilities, and low intensity retail/commercial uses which promote, enhance and compliment the Texas Wine Industry. The G -V District is primarily established as a transitional district that serves as a low intensity commercial land use to buffer low density residential land uses from commercial land uses. Such facilities should not be so large or so broad in scope of services as to attract intensive commercial developments. USES GENERALLY: In a G -V Grapevine Vintage District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: 1. Vineyards (the cultivation or planting of grapes) 071693 1 Section 23A Draft Copy - #8 9/16/93 2. Restaurants and restaurants with outside dining, excluding drive-in and drive-through facilities. 3. Any specialty retail shop such as, but not limited to, books, florist, jewelry, gift, hobby; within a completely enclosed building whose aggregate gross floor area does not exceed 5,000 square feet. 4. Bakery, tea rooms, confectionery, and delicatessen, ice cream, soda fountain shops, and cheese factory within a completely enclosed building; whose aggregate gross floor area does not exceed 5,000 square feet. 5. Studios for the creations of crafts, and heritage arts which are handmade or handcrafted, that do not exceed 20% of the total floor area of a permitted use listed in Section 23A.A.3. of this Ordinance. 6. Planned s ecialt shopping center defined as a combination of all the uses permitted in 23A.A.,. A single building, shall not exceed 25;000 071693 1 2 Section 23A Draft Copy - #8 9/16/93 square feet as a permitted use. All individual users shall have the same floor area limitations as noted in Section 23A.A. 7. Hospitality Centers which provide meeting facilities for, but not limited to civic clubs, lodges, fraternal organizations, receptions, and seminars. 8. Dinner Theaters. 9. Art galleries and museums. B. ACCESSORY USES: The following uses shall be permitted as accessory uses: 1. Mechanical equipment no nearer than one hundred twenty (120) feet to any residentially zoned district. 2. Screened garbage storage on a concrete pad no nearer than fifty (50) 071693 3 Section 23A Draft Copy - #8 9/16/93 feet to a residentially zoned district and not located between the front of the building and any street right-of-way. 3. Off-street parking to serve permitted uses, provided that any off-street parking or vehicular use area within sixty (60) feet of a residentially zoned district shall be separated from said lot in accordance with Section 50.C.1. Screening Alternate A. 4. Signs advertising uses on the premises in accordance with Section 60 of this Ordinance, with the exception of pole signs. Pole signs shall not be allowed within the Grapevine Vintage District. 5. Other structures or uses which are customarily accessory and clearly incidental and subordinate to the permitted use and/or structure. C. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 071693 4 Section 23A 11 2. 3. Ej 5. Draft Copy - #8 9/16/93 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. 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.B. of the Ordinance. Restaurants and restaurants with outside dining, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of the Ordinance. restaurants shall not be allowed. Drive-in and drive-through Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of this Ordinance. Inn an establishment for the lodging and entertaining of travelers) limited to a maximum of twenty rooms whose 071693 5 Section 23A Draft Copy - #8 9/16/93 aggregate gross floor area will not exceed 25,000 square feet with guest room access allowed from common area only. No outside guest room entrances shall be allowed. Room service to guest rooms for food and beverage shall not be allowed. 6. Outdoor commercial amusements such as golf driving ranges, miniature golf, archery, and croquet. 7. Commercial amusements, the operation of which is totally within an enclosed building, including bowling alleys, video arcades, roller skating and ice skating; arenas, motion picture theaters, but excluding any special uses authorized by Section 49.B. 8. Planned Commercial Centers. The total retail or commercial shopping floor area on any lot or parcel whose aggregate gross floor area not exceeding one hundred thousand (100,000) square feet. All individual users shall have the same floor area limitations as noted in Section 23A.A. 071693 6 Section 23A Draft Copy - #8 9/16/93 D. LIMITATION ON USES: 1. The G -V district is intended for specialty retail shopping and service facilities and whose aggregate gross floor area on any lot or parcel shall not exceed twenty-five (25) square feet. 2. Pole signs shall not be permitted in the G -V district. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building 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. 071693 7 Section 23A Draft Copy - #8 9/16/93 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements shall apply: 1. MAXIMUM DENSITY: The maximum density within G -V District shall not exceed a floor area ratio of 0.20. 2. LOT SIZE: The minimum lot size in a G -V District shall be twenty thousand (20,000) square feet. 3. MINIMUM OPEN SPACE: At least twenty-five 25) percent of the total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 4. DISTRICT SIZE: The minimum size of any G -V District shall be 071693 8 Section 23A Draft Copy - #8 9/16/93 one (1) acre. 5. MAXIMUM IMPERVIOUS SURFACE: The combined area occupied by all main and accessory structures, parking storage, loading and other paved areas shall not exceed sevens -five (75) percent of the total lot area. G. AREA REGULATIONS: The following minimum standards shall be required: 1. LOT WIDTH: Every lot shall have a minimum width of one hundred twenty-five (125) feet. 2. LOT DEPTH: Every lot shall have a minimum depth of not less than one -hundred fifty (150) feet. 3. FRONT YARD: Every lot shall have a front yard of not less than thirty (30) feet, which shall be utilized as a landscaped setback area. 071693 9 Section 23A Draft Copy - #8 9/16/93 Front yards shall not be used for any building, structure, fence wall, or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vineyards, or trees, and no part shall be paved or surfaced except of minimum access, driveways and sidewalks in accordance with Section 53 of this Ordinance. 4. SIDE YARDS: Every lot shall have two side yards, each of which shall be not less than fifteen (15)feet in width. Planned Commercial Centers permitted as a Conditional Use shall meet the requirements of Section 23A.N.1. 5. REAR YARD: Every lot shall have a rear yard of not less than twenty-five (25) feet in depth. Planned Commercial Centers permitted as a Conditional Use shall meet the requirements of Section 23A.N.1. 6. DISTANCE BETWEEN BUILDINGS: The minimum distance 071693 10 Section 23A Draft Copy - #8 9/16/93 between detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. H. BUFFER AREA REGULATIONS: 1. BUFFER AND SCREENING REQUIREMENTS: Whenever a G -V District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Sections 50, 539 23A.H.2. and 23A.H.3. of this Ordinance. 2. ADDITIONAL BUILDING SETBACK REQUIREMENTS: No building or structure shall be located nearer to any residentially zoned property than a distance equal to two 2, times the height of any building or structure, or fifty (50) feet whichever isreg_ ater. 3. ADDITIONAL SCREENING, FENCING AND LANDSCAPING: The Planning and Zoning Commission may recommend and the City Council may require screening, fencing, buffering and landscaping 071693 11 Section 23A Draft Copy - #8 9/16/93 requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping 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. I. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding thirty-five (35) feet, except buildings located contiguous to an R-20, R-12.5, R-7.5 or R-5.0 Residential District shall be limited to one (1) story. 2. No accessory structure shall be erected or altered to a height exceeding twenty-five (25) feet. 071693 12 Section 23A Draft Copy - #8 9/16/93 J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance. K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provision of Section 57 of this Ordinance. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the G -V District: 1. Lighting shall be designed to reflect away from any adjacent residential area. 2. Parking lot lighting facilities, if provided shall meet the requirement of Section 58, Parking and Loading Area Development Standards 071693 13 Section 23A In Draft Copy - #8 9/16/93 3. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view in accordance with Section 50.B.3. 4. Due to the development nature of the Grapevine Vintage District, it is recognized that requiring wineries to have exterior fire resistant construction having at least seventy (70) percent of the total exterior walls, excluding doors and windows constructed of brick, stone or other masonry or material of equal characteristics in accordance with the City Building Code and Fire Prevention Code may not allow for vintage type developments. Wineries proposed in the G -V not meeting the seventy (70) percent masonry requirement shall present a exterior wall plan to the Planning and Zoning Commission and the Commission shall establish the amount of masonry required. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: Each lot or parcel of land created within a Planned Commercial Center shall comply with the following requirements: 071693 14 Section 23A Draft Copy - #8 9/16/93 1. MINIMUM YARD REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The front yard requirements contained in Section 23A.G.3. shall be applicable to each lot or parcel of land within a Planned Commercial Center. A minimum fifteen (15) foot side yard and a minimum twenty-five (25) foot rear yard shall be required around the outside perimeter of the Planned Commercial Center. Minimum side and rear yard requirements of interior lots may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 2. LANDSCAPING REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The minimum landscaping requirements of Section 53.H.2.b shall be applicable around the outside perimeter of a Planned Commercial Center. For interior lots the minimum landscaping requirements of Section 53.H.2.b may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 071693 15 Section 23A Draft Copy - #8 9/16/93 3. MINIMUM OPEN SPACE REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: At least twenty-five (25) percent of the total site area of the Planned Commercial Center shall be devoted to nonvehicular open space (nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 071693 16 Section 23A Ms. Kathy Spencer Fort Worth Star Telegram P.O. Box 1870 Fort Worth, Texas 76102 A l=uture With n Feist RE: Grapevine Account # CIT 25 Dear Ms. Spencer, October 1, 1993, Please find enclosed, the following for publication on Sunday, October 3, 1993, in the Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only) Item Meeting Date Notice of Public Hearing SU93-01 - Metrocel October 19, 1993 Notice of Public Hearing CU93-10 - Tate Street Joint Venture October 19, 1993 Notice of Public Hearing Comprehensive Zoning Ordinance 82-73 October 19, 1993 As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 481-0359. Sincerely, Marcy Ratc iff Planner, Community Development Enclosure /mr THE CITY OF GRAPEVINE COMMUNITY DEVELOPMENT P.O. Box 95104 • Grapevine, Texas 76051 • Phone Metro 817/481-0377 FAX # 817/481-0369 NOTICE OF PUBLIC HEARING FOR CITY COUNCIL & PLANNING COMMISSION CITY OF GRAPEVINE, TEXAS AMENDMENTS TO ZONING ORDINANCE 82-73 The City Council of the City of Grapevine, Texas and the City of Grapevine's Planning and Zoning Commission do hereby notify all citizens, property owners and taxpayers of the City of Grapevine, Texas that a joint Public Hearing will be conducted by both the Commission and the City Council to consider amendments and changes to the City of Grapevine's Comprehensive Zoning Ordinance, No. 82-73, as amended, same being Appendix D of the Code of Ordinances of the City of Grapevine, as amended and Texas Local Government Code, Title 7, Chapter 211 on October 19, 1993, at 7:30 p.m. in the Council Chambers, Room 205, 307 West Dallas Road, Grapevine, Texas. All interested parties will be given an opportunity to appear and be heard and express their views. The City Council and the Commission will consider amendments and changes to the City of Grapevine's Comprehensive Zoning Ordinance, No. 82-73, same being Appendix D of the Code of Ordinances of the City, specifically adding a new district, Section 23A, Grapevine Vintage District and amending Section 45, Concept Plan, Section 56, Off -Street Parking and Section 60, Sign Regulations and any other additions, deletions or changes to various sections, articles and provisions contained in said Ordinance No. 82-73. Please contact the Department of Community Development concerning any questions, 307 West Dallas Road, Grapevine, Texas, 76051 or P.O. Box 95104, Grapevine, Texas, 76099 - (817) 481-0377. -COMM -JOURNnL- DATE 10-01-1993 ****** TIME 01: TRAHSM I SS 1 ON START=10-01 01:15PM END -10-01 COM SPEED 140 STAT 1 ON NAMEZ PAGES TELEPHONE 1,40. OK 93907532 005 Grapevine Comm.Dev. FAX -200 V2.1'7) f DATE: OCTOBER 8, 1993 ! Z 0 '4 - MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSIONERS FROM: TRENT PETTY, CITY MANAGER s DAVID TESMER, ASSISTANT TO TY MANAGER H.T. HARDY, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: ADOPTION AND AMENDMENTS TO THE GRAPEVINE COMPREHENSIVE ZONING ORDINANCE 82-73 RELATIVE TO THE GRAPEVINE VINTAGE DISTRICT AND OTHER DISTRICTS RELATING TO WINERIES MEETING DATE: OCTOBER 19, 1993 Staff recommends the City Council and the Planning and Zoning Commission consider the proposed amendments and take any action deemed necessary. BACKGROUND The Planning and Zoning Commission and Staff began developing a new zoning district to specifically accommodate wineries, vineyards, wine tasting facilities, and low intensity retail/commercial uses which promote, enhance and compliment the Texas Wine Industry. The design of the district is to primarily serve as a low intensity commercial transitional district, which buffers low density residential land uses from high intensity commercial land uses. As you consider the district uses, density requirements, area regulations, buffer area regulations and design requirements; note, this is a district that would be suitable adjacent to neighborhoods like Western Oaks Estates, Section II. With this in mind, it will help to keep in focus the types of uses and how they are to be designed and arranged to serve as a transition from single family residential to low intensity retail/commercial uses. OAORMAWIN10.19 1 The Planning and Zoning Commission reviewed the draft Section 23A, Grapevine Vintage District at the workshop on September 14 and again at the regular meeting September 21, 1993. The Planning and Zoning Commission, after reviewing the draft Grapevine Vintage District, also proposed amendments to the existing Zoning Ordinance to provide regulations in the following sections: Section 12, Definitions, Section 45, Concept Plan, Section 56, Off-street Parking, and Section 60, Sign Regulations. The Planning and Zoning Commission have also proposed deleting wineries as a conditional use in the following sections: Section 25, Community Commercial, Section 29, Hotel Corporate Office, Section 31, Light Industrial. See the attachments. /mr OAORMAWIN10.19 2 Draft Copy - #8 9/16/93 Sec. 23A. G -V Grapevine Vintage District Regulations PURPOSE: The G -V District is established to provide locations to accommodate wineries, vineyards and the associated low intensity retail/commercial uses, to be designed and arranged to buffer single family and other residential zoning districts from high intensity commercial zoning. The G -V District is intended for wineries, vineyards, wine tasting facilities, and low intensity retail/commercial uses which promote, enhance and compliment the Texas Wine Industry. The G -V District is primarily established as a transitional district that serves as a low intensity commercial land use to buffer low density residential land uses from commercial land uses. Such facilities should not be so large or so broad in scope of services as to attract intensive commercial developments. USES GENERALLY: In a G -V Grapevine Vintage District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: 1. Vineyards 071693 1 Section 23A Draft Copy - #8 9/16/93 2. Restaurants and restaurants with outside dining, excluding drive-in and drive-through facilities. 3. Any specialty retail shop such as, but not limited to, books, florist, jewelry, gift, hobby; within a completely enclosed building whose aggregate gross floor area does not exceed 5,000 square feet. 4. Bakery, tea rooms, confectionery, and delicatessen, ice cream, soda fountain shops, and cheese factory;, within a completely enclosed building whose aggregate gross floor area does not exceed 5,000 square feet. 5. Studios for the creations of crafts, and heritage arts which are handmade or handcrafted, that do not exceed 20% of the total floor area of a permitted use listed in Section 23A.A.3. of this Ordinance. 6. Planned specialtX shopping center defined as a combination of all the uses permitted in 23A.A.,. A single building shall not exceed 25,000 square feet as a permitted use. All individual users shall have the same floor area limitations as noted in Section 23A.A. 7. Hospitality Centers which provide meeting facilities for, but not limited to civic clubs, lodges, fraternal organizations, receptions, and 071693 2 Section 23A Draft Copy - #S . 9/16/93 seminars. 8. Dinner Theaters. 9. Art galleries and museums. B. ACCESSORY USES: The following uses shall be permitted as accessory uses: 1. Mechanical equipment no nearer than one hundred twenty (120) feet to any residentially zoned district. 2. Screened garbage storage on a concrete pad no nearer than fifty (50) feet to a residentially zoned district and not located between the front of the building and any street right-of-way. 3. Off-street parking to serve permitted uses, provided that any off-street parking or vehicular use area within sixty (60) feet of a residentially zoned district shall be separated from said lot in accordance with Section 50.C.1. Screening Alternate A. 4. Signs advertising uses on the premises in accordance with Section 60 of this Ordinance, with the exception of pole signs. Pole signs shall not be allowed within the Grapevine Vintage District. 071693 3 Section 23A Q Draft Copy - #8 9/16/93 5. Other structures or uses which are customarily accessory and clearly incidental and subordinate to the permitted use and/or structure. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 1. F1 Winery with alcoholic beverage sales, with on -premise and off - premise consumption, provided a special permit is issued in accordance with Section 42.13, of the Ordinance. Wine tasting facility with alcoholic beverage sales with on -premise and off -premise consumption, provided a special permit is issued in accordance with Section 42.13. of the Ordinance. All alcoholic beverage sales shall be consistent with the Texas Alcoholic Beverage Code. Restaurants and restaurants with outside dining, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.13. of the Ordinance restaurants shall not be allowed. Drive-in and drive-through 071693 4 Section 23A Draft Copy - #8 9/16/93 4. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.13, of this Ordinance. 5. Inn . 6. Outdoor commercial amusements such as golf driviniz ranges, miniature golf, archery, and croquet. 7. Commercial amusements, the operation of which is totally within an enclosed building, including bowling alleys, video arcades roller skating and ice skating arenas, motion picture theaters, but excluding any special uses authorized by Section 49.13. 8. Planned Commercial Centers. The total retail or commercial shopping floor area on any lot or parcel whose aggregate gross floor area not exceeding one hundred thousand (100,000) square feet. All individual users shall have the same floor area limitations as noted in Section 23A.A. D. LIMITATION ON USES: 1. The G -V district is intended for specialty retail shopping and service facilities and whose aggregate gross floor area on any lot or parcel shall not exceed twenty-five (25) square feet. 071693 5 Section 23A Draft Copy - #8 9/16/93 2. Pole signs shall not be permitted in the G -V district E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building 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. DENSITY REQUIREMENTS: The following bulk and intensity of use requirements shall apply: 1. MAXIMUM DENSITY: The maximum density within G -V District shall not exceed a floor area ratio of 0.20. 2. LOT SIZE: The minimum lot size in a G -V District shall be twenty (20,000) square feet. 16Xthousa 3. MINIMUM OPEN SPACE: At least twenty-five 25) percent of the 071693 6 Section 23A Draft Copy - #8 9/16/93 total lot area shall be devoted to nonvehicular open space. (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 4. DISTRICT SIZE: The minimum size of any G -V District shall be one (1) acre. 5. MAXIMUM IMPERVIOUS SURFACE: The combined area occupied by all main and accessory structures, parking storage, loading and other paved areas shall not exceed seventy-five (75J percent of the total lot area. G. AREA REGULATIONS: The following minimum standards shall be required: 1. LOT WIDTH: Every lot shall have a minimum width of one hundred twenty-five (125) feet. 2. LOT DEPTH: Every lot shall have a minimum depth of not less than one -hundred fifty (150) feet. 3. FRONT YARD: Every lot shall have a front yard of not less than thirty (30) feet, which shall be utilized as a landscaped setback area. Front yards shall not be used for any building, structure, fence wall, 071693 7 Section 23A Draft Copy - #8 9/16/93 or storage area, except that signs may be permitted in this area. Front yards shall be landscaped with grass, shrubbery, vineyards, or trees, and no part shall be paved or surfaced except of minimum access, driveways and sidewalks in accordance with Section 53 of this Ordinance. 4. SIDE YARDS: Every lot shall have two side yards, each of which shall be not less than fifteen(15) feet in width. Planned Commercial Centers permitted as a Conditional Use shall meet the requirements of Section 23A.N.1. 5. REAR YARD: Every lot shall have a rear yard of not less than twenty-five (25) feet in depth. Planned Commercial Centers permitted as a Conditional Use shall meet the requirements of Section 23A.N.1. 6. DISTANCE BETWEEN BUILDINGS: The minimum distance between detached principal or accessory buildings on the same lot shall be not less than twenty (20) feet. 071693 8 Section 23A Draft Copy - #8 9/16/93 H. BUFFER AREA REGULATIONS: 1. BUFFER AND SCREENING REQUIREMENTS: Whenever a G -V District abuts a residential district, an appropriate buffer and screen shall be provided in accordance with the provisions of Sections 50, 53, 23A.H.2. and 23A.H.3. of this Ordinance. 2. ADDITIONAL BUILDING SETBACK REQUIREMENTS: No building or structure shall be located nearer to any residentially zoned property than a distance equal to two 2 times the height of any building or structure, or fifty (50) feet whichever is greater. 3. ADDITIONAL SCREENING, FENCING AND LANDSCAPING: The Planning and Zoning Commission may recommend and the City Council may require screening, fencing, buffering and landscaping requirements on any zone change, conditional use, or special use case or concept plan in addition to or in lieu of buffering, screening, fencing or landscaping 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, 071693 9 Section 23A I. J. Draft Copy - #8 9/16/93 welfare and morals of the community in general. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding thirty-five (35) feet, except buildings located contiguous to an R-20, R-12.51 R-7.5 or R-5.0 Residential District shall be limited to one (1) story. 2. No accessory structure shall be erected or altered to a height exceeding twenty-five (25) feet. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance with Section 53 of this Ordinance K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with the provisions of Sections 56 and 58 and shall be landscaped in accordance with Section 53 of this Ordinance. L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with the provision of Section 57 of this Ordinance. M. DESIGN REQUIREMENTS: The following design requirements shall apply in the G -V District: 1 Lighting shall be designed to reflect away from any adjacent 071693 10 Section 23A Draft Copy - #8 9/16/93 residential area. 2. Parking lot lighting facilities, if provided shall meet the requirement of Section 58, Parking and Loading Area Development Standards 3. No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view in accordance with Section 50.B.3. 4. Due to the development nature of the Grapevine Vintage District, it is recognized that requiring wineries to have exterior fire resistant construction having at least seventy (70) percent of the total exterior walls, excluding doors and windows constructed of brick, stone or other masonry or material of equal characteristics in accordance with the City Building Code and Fire Prevention Code may not allow for vintage type developments. Wineries proposed in the G -V not meeting the seventy (70) percent masonry requirement shall present a exterior wall plan to the Planning and Zoning Commission and the Commission shall establish the amount of masonry required. 071693 11 Section 23A Draft Copy - #8 9/16/93 N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: Each lot or parcel of land created within a Planned Commercial Center shall comply with the following requirements: 1. MINIMUM YARD REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The front yard requirements contained in Section 23A.G.3. shall be applicable to each lot or parcel of land within a Planned Commercial Center. A minimum fifteen ,15, foot side yard and a minimum twenty-five (25) foot rear yard shall be required around the outside perimeter of the Planned Commercial Center. Minimum side and rear yard requirements of interior lots may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 2. LANDSCAPING REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: The minimum landscaping requirements of Section 53.H.2.b shall be applicable around the outside perimeter of a Planned Commercial Center. For interior lots the minimum landscaping requirements of Section 53.H.2.b may be required if deemed necessary by City Council in order to meet the provisions of 071693 12 Section 23A Draft Copy - #8 9/16/93 Section 48. 3. MINIMUM OPEN SPACE REQUIREMENTS OF PLANNED COMMERCIAL CENTERS: At least twenty-five (25) percent of the total site area of the Planned Commercial Center shall be devoted to nonvehicular open space (nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 071693 13 Section 23A ITEM #23 ORDINANCE NO. 2023-077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12, HEALTH AND SANITATION; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING ORON WHICH A VIOLATION OCCURS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized toadopt ordinances to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Grapevine has determined that itis a necessity to regulate the activities and entities as provided for herein to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and all constitutional and statutory prerequisites for the approval of this Ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council has determined than amendment to Chapter 12, Health and Sanitation, of the Code of Ordinances is in the best interest of the ofthe health, safety, and welfare of the City of Grapevine and the public. 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 ifcopied in their entirety. Section 2. That Chapter 12, Health and Sanitation, Article I. Food Establishments, Division 1. Generally, Section 12-2. Designation of health authority. is hereby amended to read as follows: Sec. 12-2. Designation ofhealthauthority. The city designates Tarrant County Public Health as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope ofthat department'sfunction.” ITEM #23 Section 3. That Chapter 12, Health and Sanitation, Article I. Food Establishments, Division 1. Generally, Section 12-4. Fees. is hereby created to read as follows: Sec. 12-4. Fees. a) Health services shall charge fees for food establishments in addition to those charged by the Building Services Department. b) The fees shall be set forth in a schedule adopted by Tarrant County Public Health Department and the city council. c) The fee schedule shall be available to the public at the health services office.” Section 4. That Chapter 12, Health and Sanitation, Article I. Food Establishments, Division 2. Amendments/Administration, Section 12-4. Amendment standards. is hereby renumbered, renamed and amended to read as follows: Sec. 12-5. Regulations adopted andamendment standards. The provisions of the current rules or rules as amended are herein adopted together with the additions, deletions, and amendments hereinafter contained in 25 Texas Administrative Code, Chapter 228.” Section 5. That Chapter 12, Health and Sanitation, Article I. Food Establishments, Division 2. Amendments/Administration, Section 12-5. Food handler card required through Section 12-20. Additional requirements for mobile ice cream vendors and other vehicles vending products to children. is hereby renumbered and amended to read as follows: Sec. 12-6. Foodhandler cardrequired. Sec. 12-7. Foodhandling classrequired; food handler card. Sec. 12-8. Foodestablishments permits required. Sec. 12-9. Classification ofpermits. Sec. 12-10. Permits - Authority toissue. Sec. 12-11. Permits - Application. Sec. 12-12. Review ofplans. Sec. 12-13. Posting offoodestablishment andtemporaryfood establishment permits. Sec. 12-14. Permits - Duration. Sec. 12-15. Permits - Non-transferable. Sec. 12-16. Inspection frequency. Sec. 12-17. Inspections regulations. Sec. 12-18. Examination andcondemnation offoodgenerally. Sec. 12-19. Procedure wheninfection issuspected. Sec12-20. Remedies. Sec. 12-21. Additional requirements formobileicecreamvendors andother vehicles vending productstochildren.” Ordinance No. 2023-077 2 ITEM #23 Section 6. That Chapter 12, Health and Sanitation, Article I. Food Establishments, Division 3. Enforcement., Section 12-21. Enforcement options. through Section 12-24. Reserved. is hereby renumbered and amended to read as follows: Sec. 12-22. Enforcement options. Sec. 12-23. License, certificate orpermitsuspension. Sec. 12-24. Revocation proceedings. Sec. 12-25 - 12-30. Reserved.” Section 7. That Chapter 12, Health and Sanitation, Article II. Day Care Centers, Section 12-37. Review ofplans. is hereby amended to read as follows: Sec. 12-37. Review ofplans. a) Whenever aday care center isconstructed or remodeled and whenever an existing structure is converted to use as a day care center, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the City of Grapevine Building Services Department for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the layout and arrangement of any proposed food service areas, indoor and outdoor areas to be used for the day care center including mechanical plans; construction materials; plumbing fixtures; the type of fixed equipment; and playground and fall zone specifications. The building department shall approve the plans and specifications ifthey meet the requirements of the adopted city codes. The plans shall be submitted separately to health services for review of compliance with these rules. b) No day care center shall be constructed, remodeled or converted except in accordance with plans and specifications approved by health services. The approved plans and specifications must be followed in construction, remodeling, or conversion. c) Whenever plans and specifications are required to be submitted, health services shall inspect the day care center prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this article. d) Failure to follow the approved plans and specifications may result in permit denial, suspension, or revocation.” Section 8. That Chapter 12, Health and Sanitation, Article III. Public Swimming Pools, Section 12-64. Regulations adopted and amendment standards. is hereby created and amended to read as follows: Sec. 12-64. Regulations adoptedand amendment standards. The provisions of the current rules or rules as amended are herein adopted together with the additions, deletions, and amendments hereinafter contained in Texas Health and Safety Code, Title 5, Subtitle A, Chapter(s) 341.064, 341.0645 and341.0695; Texas Health and Safety Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety Ordinance No. 2023-077 3 ITEM #23 Code, Tile 9, Subtitle A, Chapter 757; and Standards for Public Pools and Spas (Texas Administrative Code, Title 25, Chapter 265, Subchapter L), Public Interactive Water Features and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter M) and Pool Yard Enclosures (Texas Health and Safety Code Chapter 757).” Section 9. That Chapter 12, Health and Sanitation, Article III. Public Swimming Pools, Section 12-64. Definitions. through Section 12-79. Reserved. is hereby renumbered and amended to read as follows: Sec. 12-65. Definitions. Sec. 12-66. Fees. Sec. 12-67. Swimming poolpermitrequired. Sec. 12-68. Issuance ofpermit. Sec. 12-69. Permitconditions. Sec. 12-70. Planreview - Newand remodeled pools. Sec. 12-71. Trained pooloperators. Sec. 12-72. Maintenance ofpool records. Sec. 12-73. Nuisance. Sec. 12-74. Grounds forpermit denial. Sec. 12-75. Grounds forsuspension orrevocation ofpermit. Sec. 12-76. Rightofentry. Sec. 12-77. Inspection reports. Sec. 12-78. Closure order. Sec. 12-79. Hearings procedures. Sec. 12-80 - 12-82. Reserved.” Section 10. That Chapter 12, Health and Sanitation, Article III. Public Swimming Pools, Section 12-69. Plans Review – New and remodeled pools. is hereby renumbered, renamed and amended to read as follows: Sec. 12-70. Planreview - Newand remodeled pools. a) Prior to beginning the construction of a new public swimming pool or the extensive remodeling of an existing public swimming pool, the owner shall submit plans and specifications for such construction or remodeling to the Building Services Department for review. The plans shall be submitted separately to health services for review and compliance with these rules. b) The plans and specifications shall indicate the proposed layout arrangement, mechanical plans, construction materials and the type and model number of proposed fixed equipment and facilities. c) No work shall begin until the building department has reviewed the plans and advised the owner that work may begin, and the owner or the owner'scontractor has obtained all required permits for such work from the building official or his designee. Work shall commence and conclude within the time allowed by such permits. Deviations from approved plans shall not be permitted.” Ordinance No. 2023-077 4 ITEM #23 Section 11. That Chapter 12, Health and Sanitation, Article IV. Fees, Section 12- 83. Food and food services establishments. is hereby amended to read as follows: Sec. 12-83. Foodandfood servicesestablishments; poolsandspas. The fee schedule isadopted pursuant to the interlocal agreement with the Tarrant County Public Health Department and city council. The fee schedule shall be available tothe public at the health services office.” Section 12. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined ina sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 13. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and ofno force oreffect. Section 14. If any section, subsection, sentence, clause orphrase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 15. 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 undesirable conditions for the 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 passage, and itis accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the7th day of November, 2023. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary Ordinance No. 2023-077 5 ITEM #23 APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2023-077 6 ITEM #23 INTERLOCAL AGREEMENT THESTATE OFTEXAS § COUNTY OFTARRANT § This Interlocal Agreement is between TARRANT COUNTY (“COUNTY”), and the CITY OF ______________________________ (“City”). WHEREAS, CITYis requesting the COUNTY’sassistance inproviding Food establishment inspection program services Public swimming pool and spa inspection program services Both Food establishment and Public swimming pool and spa inspection program services WHEREAS, the Interlocal Cooperation Act contained inChapter 791 ofthe Texas Government Code provides legal authority for the Parties toenter into this Agreement. WHEREAS, the Commissioners Court of the COUNTY finds this Agreement service a public purpose. NOW, THEREFORE, the COUNTY and CITYagree as follows: TERMS ANDCONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY shall provide Food establishment inspection program services: Provide services, through Tarrant County Public Health, to all public food establishment located within the corporate limits of the CITY; Plan review and conduct Health opening approval inspection, routine inspection, follow-up inspections, complaint investigations; Provide certification of establishment for issuance of health permits; Notify the CITYof violations of the current rules or rules as amended by the Executive Commissioner of Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments; Provide appropriate signs to be posted at public food establishment that do not meet the required standards; Document program activities within the CITYvia periodic reports; Collect fees from the inspected establishment; Inform CITY, in writing, of any fee schedule changes immediately following Tarrant County Commissioner’sCourt approval; and When required by law, verify food establishment manager training and food handler training and certifications. ITEM #23 For Public swimming pool and spa inspection program services: Provide services, through Tarrant County Public Health, to all public and semi-public swimming pools, spas, and interactive water features located within the corporate limits of the CITY; Plan review and conduct Health opening approval inspection, routine inspection, follow-up inspections, complaint investigations; Provide certification of establishment for issuance of health permits; Notify CITY ofviolations ofcurrent rules or rules as amended by the Executive Commissioner of the Health and Human Services Commission for Standards for Public Pools and Spas (Texas Administrative Code, Title 25, Chapter 265, Subchapter L), Public Interactive Water Features and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter M) and Pool Yard Enclosures (Texas Health and Safety Code Chapter 757); Provide appropriate signs to be posted at public swimming pool and spa establishment that do not meet the required standards; Document program activities within the CITYvia periodic reports; Collect fees from the inspected establishment; Inform CITY, in writing, of any fee schedule changes immediately following Tarrant County Commissioner’sCourt approval; and When require by law, verify pool operator training certification. 2. CITYRESPONSIBLITY For Food establishment inspection program services Adopt the current rules or rules as amended by the Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments; Designate the Medical Director of Tarrant County Public Health Department as the Health Authority for the purposes of this agreement; Require all food establishments within the corporate limits of the CITY to maintain a valid health permit; Agree all health permits fees are enforceable within thirty (30) days of approval of the Tarrant County Commissioner’sCourt; Revise CITYcode/ordinance, where applicable, to adopt changes to the fees; Inform Tarrant County Public Health Manager for Environmental Health when code/ordinance are modified and when the updates are complete; Assign Tarrant County Public Health authority to collect health permit fees from permit applicants; and When required by law, require facilities to have certified food mangers and food handlers. ITEM #23 For Public swimming pool and spa inspection program services Adopt the current Texas Health and Safety Code, Title 5, Subtitle A, Chapter(s) 341.064, 341.0645 and341.0695; Texas Health and Safety Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety Code, Tile 9, Subtitle A, Chapter 757; Adopt the current rules or rules as amended by the Executive Commissioner of the Health and Human Services Commission for Standards for Public Pools and Spas (Texas Administrative Code, Title 25, Chapter 265, Subchapter L), Public Interactive Water Features and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter M) and Pool Yard Enclosures (Texas Health and Safety Code Chapter 757); Designate the Medical Director of Tarrant County Public Health as the Health Authority for the purposes ofthis agreement; Require all public and semi-public swimming pools/spas within the corporate limits of the CITYto maintain avalid health permit; Agree all Health permit fees are enforceable within thirty (30) days of approval ofthe Tarrant County Commissioner’scourt; Revise CITYcode/ordinance, where applicable, to adopt changes to the fees; Inform Tarrant County Public Health Manager for Environmental Health when code/ordinance are modified and when the updates are complete; Assign Tarrant County Public Health authority to collect health permit fees from permit applicants; Be responsible for enforcement ofthe CITY’sordinances; and When required by law, require facilities to have certified pool/spa operators. 3. CITYENFORCEMENT If during an inspection of a food facility, pool or spa, Tarrant County Public Health Department personnel notices a violation of the CITY’scode, the Tarrant County Public Health Department shall notify the appropriate City official. The CITYshall be responsible for the enforcement of the CITY’shealth ordinances. The COUNTY shall make available for testimony COUNTY personnel whose testimony may be required to support such enforcement action inaccordance with the procedures established by CITY MUNICPAL COURT for the appearance of law enforcement officers. 4. NOWAIVER OFIMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. 5. THIRDPARTY This Agreement shall not be interpreted to inure to the benefit ofa third party not aparty of this Agreement. This Agreement shall not be interpreted to waive ITEM #23 any statutory or common law defense, immunity, or any limitation of liability, responsibility or damage of any party tothis Agreement, party’sagent or party’s employee, otherwise provided by law. 6. EXCLUSION OFINCIDENTAL DAMAGES Independent of, severable from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY NOR TO ANY PERSON CLAIMING INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE, OR EXEMPLARY DAMANGES OF ANY KIND, including lost profits, loss of business, or other economic damage and further including injury to property, mental anguish, or emotional distress. 7. JOINTVENTURE & AGENCY The relationship between the parties to this Agreement does not create ajoint venture between the parties. The Agreement does not appoint any party as agent for the other party. 8. GOVERNING LAWANDVENUE This Agreement shall be interpreted under the laws of State of Texas. The venue for any lawsuit arising out of this Agreement will be in the Fort Worth Division ofthe Northern District ofTexas ifthe lawsuit arises inFederal Court or Tarrant County, Texas ifthe matter arises in State Court. 9. ASSIGNMENT This Agreement shall not be assigned or transferred andthat any attempt to assign or transfer this Agreement or any of its rights or obligations shall be null and void. 10. SEVERABLITY If any court determines any provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue infull force and effect. 11. COMPLAINCE WITHLAWS In providing the services required by the Agreement, CITY must observe and comply with all applicable federal, state, and local statues, ordinances, rules and regulations, including, without limitation, worker’s compensation laws, minimum and maximum salary and wage statutes and regulations, and non- discrimination laws and regulations. CITY shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits. 12. EFFECTIVE DATE This Agreement become effective when signed by the last party whose signing makes the Agreement fully executed. ITEM #23 13. TERM This Agreement shall begin upon the approval of both the City Council and the Tarrant County Commissioner’sCourt and shall continue until canceled by either party with a minimum of 90 days written notice to the other party. 14. AMENDMENT No amendment, modification or alternation of the terms ofthis Agreement shall be binding unless the same isin writing and signed by both parties. 15. TERMINATION Either party may terminate this Agreement without cause by providing written notice of intent to terminate at least ninety (90) days prior to the intended date of termination. Written notice of intent toterminate shall be sent by certified mail, return receipt requested, to the other party atits address: Addresses: Tarrant County Public Health CITY:________________ Attn: Environmental Health Division Manger Attn: _________________ 1101 S. Main St. Address:______________ Fort Worth, Texas 76104 _____________________ Executed this ________ day of ______________________, 20__. CITYof ________________ STATE OFTEXAS COUNTY OFTARRANT By: _______________________ By: ______________________ Name: Tim O’Hare Title: County Judge Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By: __________________________ By:____________________________ Name: Name: Title: Title: Date: Date: ATTEST: ATTEST: By: _______________________ By:___________________________ Name: Name: Title: Title: Date: Date: ITEM #23 EHFEE SCHEDULEDESCRIPTIONOFSERVICES Special Fund: F223CONSUMERHEALTH Annual Public Pool & Spapermit fee $ 315.00 Pool Plan Review & Opening Inspection** $ 200.00 Contractual Inspections - School Districts (avg $150persite visit)** $ 150.00 Food Service Permit: less than 500 sq. ft. $ 400.00 Food Service Permit: >500 =<less than 1500 sq. ft. $ 500.00 Food Service Permit: >1500 =<less than3000 sq. ft. $ 600.00 Food Service Permit: >3000=<less than 6000 sq. ft. $ 700.00 Food Service Permit: >6000sq. ft. or above $ 800.00 Food Service Permit: Adjunct Food Service $ 500.00 Food Service Permit: Adjunct FoodStore - <less than 5000 sq. ft. $ 500.00 Food Service Permit: Adjunct FoodStore - >5000sq. ft. or above $ 600.00 Food Service Permit: Catering Operation $ 700.00 Food Service Permit: Child Care Facility $ 500.00 Food Service Permit: School Cafeteria w/ Contract $ 250.00 Food Service Permit: Commissary (non-prep) $ 400.00 Food Service Permit: Commissary (prep.) $ 600.00 Food Service Permit: Food Court $ 600.00 Food Service Permit: Mobile Unit (prepackaged) $ 400.00 Food Service Permit: Mobile Unit (preparation offood) $ 600.00 Food Service Permit: Mobile Unit (push cart) $ 600.00 Farmers Market $ 100.00 Food Store: <less than 5000 sq. ft. $ 600.00 Food Store: >5000 sq. ft. orabove $ 800.00 Food Late Fee: 1-30days 10% offee Food Late Fee: 31-60days 20% offee Food LateFee: 61-90days 30% offee Plan Review: >1500 sq. ft. or above $ 200.00 Plan Review: <1500 sq. ft. orbelow $ 100.00 Temporary Food Establishment 1-5Days** $ 35.00 Temporary Food Establishment 6-14Days $ 70.00 Required/Requested Reinspection $ 75.00 No Fee Changes, Fund: PH-T04MISCELLANEOUS - CONSUMER/ENVIRONMENTAL HEALTH Duplicate Permits** $ 15.00 indicates no fee increase ITEM #23 Service Description Original FeesUpdated Fees Pool Service Permit Annual Public Pool & Spa permit fee$250$315 Pool Plan Review & Opening Inspection**$150$200 Food Service Permit less than 500 sq. ft.$100$400 500 =<less than 1500 sq. ft.$150$500 1500 =<less than 3000 sq. ft.$200$600 3000=<less than 6000 sq. ft.$250$700 6000 sq. ft. or above$300$800 Adjunct Food Adjunct Food Service$150$500 Adjunct Food Store - <less than 5000 sq. ft.$150$500 Adjunct Food Store - >5000 sq. ft. or above$200$600 Catering Operation$250$700 Childcare/School Child Care Facility$150$500 Contractual Inspections - School Districts (avg $150 per site visit)**$150$150 School Cafeteria w/ Contract$150$250 Commissary Commissary (non-prep)$100$400 Commissary (prep.)$200$600 Food Court Food Court - per establishment$200$600 Mobile Unit Mobile Unit (prepackaged)$100$400 Mobile Unit (preparation of food)$200$600 Mobile Unit (push cart)$200$600 Farmers Market**$100$100 Food Store: <less than 5000 sq. ft.$200$600 Food Store: >5000 sq. ft. or above$300$800 Food Late Fees 1-30 days**10% of fee10% of fee 31-60 days**20% of fee20% of fee 61-90 days**30% of fee30% of fee Plan Review 1500 sq. ft. or above$100$200 1500 sq. ft. or below$50$100 Temporary Food Establishment 1-5Days**$35$35 6-14Days$35$70 Re-Inspection Fee Required/Requested Reinspection**$75$75 MISCELLANEOUS CONSUMER/ENVIRONMENTAL HEALTH Duplicate Permits**$15$15 indicates no fee increase ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23 ITEM #23