HomeMy WebLinkAboutOrdinance - 2010-O0058 - Amending Chapter 29 Code Of Ordinances Definition Of Winery - 07/22/2010First Reading July 22, 2010 Item No. 6.1 ORDINANCE NO. 2010-00058 Second Reading August 12, 2010 Item No. 5.24 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING" BY AMENDING SECTION 29-3, "DEFINITIONS", TO ADD A DEFINITION OF A WINERY AND A DEFINITION OF A WINERY TASTING FACILITY; AMENDING SECTION 29-22, "M-1, LIGHT MANUFACTURING DISTRICT"; SECTION 29-21 "IDP, INDUSTRIAL PARK DISTRICT"; SECTION 29-23.3, "IHI, INTERSTATE HIGHWAY INDUSTRIAL DISTRICT" TO ALLOW FOR THE OPERATION OF A WINERY AS A PERMITTED USE; AMENDING SECTION 29-20, "C-4, COMMERCIAL DISTRICT", AND SECTION 29-23.2, "IHC, INTERSTATE HIGHWAY COMMERCIAL DISTRICT", TO ALLOW THE OPERATION OF A WINERY TASTING FACILITY AS A PERMITTED USE; AMENDING SECTION 29-18, "C-3, GENERAL RETAIL DISTRICT" TO ALLOW THE OPERATION OF A WINERY TASTING FACILITY AS A CONDITIONAL USE AND ESTABLISHING THE PARKING REQUIREMENTS FOR A WINERY AND A WINERY TASTING FACILITY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance have been fully complied with, including giving notices in compliance with the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990) and notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice, was held in the City Council chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance be amended in the manner hereinafter set forth in the body of this Ordinances and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 29-3 of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-3(120b): "(120b) Winery: shall mean the manufacturing, bottling, labeling and packaging of wine containing not more than twenty-four (24) percent alcohol by volume from grapes, fruits and berries grown on-premise or imported, and to include the manufacturing and importation of grape brandy for fortifying purposes only pursuant to a State Winery Permit. Wine sales may be to holders of wholesaler's permits, winery permits, wine bottlers permits. Retail sales to ultimate consumers in unbroken packages for off-premise consumption may not exceed an amount of 35,000 gallons annually. A winery may include the following accessory uses; tasting rooms, meeting/banquet facilities or restaurants to dispense wine for on-premise consumption; and retail sales area of wine for off-premise consumption."
SECTION 2. THAT Section 29-3 of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-3(120c): "(120c) Winery Tasting Facility: shall mean an establishment holding a State Winery Permit and allowing the retail sales of wine to ultimate consumers for consumption on the premises of the winery tasting facility or unbroken packages for off premises consumption. As the holder of a State Winery Permit, the operator of a winery tasting facility may blend wine and/or ferment wine from prepared juice but may not manufacture on the premises wine from grapes, fruits or berries grown on-premise or imported. A winery tasting facility may include meeting/banquet facilities or restaurants to dispense wine for on-premise consumption." SECTION 3. THAT Section 29-22(c) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-22(c)(61): "(61) Winery." SECTION 4. THAT Section 29-21(c) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-2l(c)(4la): "(41a) Winery." SECTION 5. THAT Section 29-23.J(c) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-23.3(c)(64a): "(64a) Winery." SECTION 6. THAT Section 29-21(n)(l) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-21 (n)(l )(g): "(g) Winery-One space for each one hundred and seventy-five (175) square feet of gross floor area devoted to sales, service, display and/or offices, one space for each two thousand (2,000) square feet of gross floor area devoted to manufacturing plus one space for each two thousand (2,000) square feet of gross floor area devoted to storage and other uses." SECTION 7. THAT Section 29-22(m)(l) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-22(m)(l )(i): "(i) Winery-One space for each one hundred and seventy-five (175) square feet of gross floor area devoted to sales, service, display and/or offices, one space for each 2
two thousand (2,000) square feet of gross floor area devoted to manufacturing plus one space for each two thousand (2,000) square feet of gross floor area devoted to storage and other uses." SECTION 8. THAT Section 29-20(c) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-20(c)(66): "(66) Winery Tasting Facility." SECTION 9. THAT Section 29-23.J(c) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-23.3(c)(62): "(62) Winery Tasting Facility." SECTION 10. THAT Section 29-18(d) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-18(d)(8): "(8) Winery Tasting Facility." SECTION 11. THAT Section 29-20(m)(l) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-20(m)(l)(p): "(p) Winery Tasting Facility-One space for each fifty (50) square feet of gross floor area. SECTION 12. THAT Section 29-2l(n)(l) of the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding the following section to be numbered Section 29-21 (n)( 1 )(g): "(g) Winery Tasting Facility-One space for each fifty (50) square feet of gross floor area." SECTION 13. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 14. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 15. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. 3
AND IT IS SO ORDERED. Passed by the City Council on first reading on ______ Ju_l_,,y'--2_2-=-•-2.:....01_0 ______ . Passed by the City Council on second reading on ___ _;Ace-u=-->g,L::u'-'s_t---=-l_2.,_, .....;2;;_;0;_;;1;_;;0 _____ _ ATTEST: APPROVED AS TO CONTENT: irector of Planning APPROVED AS TO FORM: Wb Chad Weaver, Asst. City Attorney vw:City All/Chad/Zones/Section 29-3 Amendment-WineJY July 7, 2010 4