HomeMy WebLinkAboutItem 04 - Zoning Ordinance Amendmentco ITEM 0 4 • -
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGERC%
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES .
MEETING DATE: OCTOBER 19, 2004
SUBJECT: ZONING ORDIANANCE AMEMDMENT AM04-03—SECTION 26,
"HC" HIGHWAY COMMERCIAL DISTRICT RELATIVE TO GOLF
AND UTILITY CART SALES AS A CONDITIONAL USE
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission and the City Council consider
the proposed amendment to Section 26, "HC" Highway Commercial District relative to
golf and utility cart sales as a conditional use and take any action necessary.
BACKGROUND:
Staff has received a request from Mr. Jason Richardson, owner of Grapevine Golf Carts
to allow outside display and outside storage of golf carts on property located at 1380 W.
Northwest Highway which he has under contract—this is the former Grapevine Battery
location just west of Fox Rental. It is Mr. Richardson's intent to display three or four new
golf carts near the front of the lot for advertising purposes and utilize the rear of the lot
for outside storage of golf carts. Mr. Richardson's business is currently located at 515 E.
Northwest Highway, the former Longhorn Sprinkler Supply, where he has no outside
display or storage.
As the ordinance is currently written, outside display and/or outside storage is permitted
for retail sales associated with building materials, new and used automotive sales,
camper and camper trailer sales, and boat and marine sales. Allowing golf and utility
carts with outside display and storage as a conditional use would give the City Council
and the Planning and Zoning Commission the ability to consider the merits of such
requests on a case-by-case basis. See the attached letter and ordinance revision.
/rs
0AWMAM04-03.4
October 11, 2004 (11:13AM)
Am" 7
515 E. Northwest Hwy. Grapevine, Tx. 76051
817-251-8032
August 30, 2004
H.T. Hardy
Director of Development Services
200 South Main Street
Grapevine, Tx. 76051
Dear Tommy,
AUG 3 1 2004
Per .............
1 am writing this letter in response to our conversation last week. Thank you for your expertise and
assistance. As advised, I am including in this letter, my plans and requests for the property located at
1380 W. NW Hwy, in Grapevine.
Currently, I am in negotiations to purchase the above-mentioned property. This property will be the new
location for my business, Grapevine Golf Cars, Inc. For the past year this property has served as an
overflow location, for the golf cars, that would not fit inside my current rental location. My plan is to
operate all aspects of Grapevine Golf -Cars, Inc., from 1380 W. NW Hwy, effective January 1, 2005.
The thought of being a property owner along NW Hwy has caused me to take a closer look at the
appearances of the commercial properties. The appearance of the location that I am purchasing
desperately needs some improvements. My plans for improvement are for both the building and the
landscape. Building improvements include the reconstruction of the front of the building to include more
glass, and masonry exterior. I also have plans for ceramic tile, updating offices and installing central heat
and air systems. Exterior improvements include removing the security fence from the front of the property
and relocating it behind the building. One -of my requests is the need to use the back of the property for
outside storage of my rental fleet. I plan to shield the traffic, from view of these outside stored units, with
fencing. I plan to clean up the overgrown foliage that has become an eye soar on this property. In
addition to cleaning up the existing foliage, I would like to add tasteful landscape that would mask and
create a natural setting for displaying 3-4 new units out front on a daily basis, for advertisement. Thus, my
second request for this commercial property. I am requesting permission to display new golf car units, in a
tasteful manner, outside for drive by advertising purposes.
I look forward to worsting with you and the city to improve this commercial property and continue to
grow my business. I am attaching a rough sketch of the property, to better illustrate the changes and
requests mentioned in this letter. Thank you for your time and consideration. I look forward to hearing
from you.
Respectfully,
Jason T. Richardson
AUG 3 1 2004
Par.............
ti \j
• � V
V
Section 26 DRAFT
Highway Commercial 091304
Section 26. HC Highway Commercial District
PURPOSE: The HC Highway Commercial District is established to provide adequate
space and site diversification for commercial uses which depend upon high visibility, uses
with outside storage unless specifically prohibited by Section 26A, convenience to arterial
highways and will involve development that may be more intensive than other commercial
districts and objectionable to adjacent residential uses.
USES GENERALLY: In an HC Highway Commercial 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: The following uses shall be permitted as principal uses except
as provided in Section 26.D.
2.
3.
4.
5.
6.
7.
8.
Any use permitted in the LB Limited Business District, C -N Neighborhood
Commercial District, P -O Professional Office District and C -C Community
Commercial District, except that there shall be no limitation size of planned
shopping centers or total floor area.
Public utilities as required to serve the district,
Reserved
Restaurants, excluding drive-in and drive-through restaurants.
Furniture or appliances, new and used within a completely enclosed building.
Mortuary and funeral homes.
Nursery or greenhouses.
Upholstery shops.
9. 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.
10. Pawn Shops within a completely enclosed building.
102103
O:\ORD\Drafts\0904\SEC.26.draft.doc
Section 26
Section 26 DRAFT
Highway Commercial 091304
B. ACCESSORY USES: The following uses shall be permitted as accessory uses to
a principal use provided that none shall be a source of income to the owner or user
of the principal use:
Accessory uses permitted in the CN and CC Commercial Districts.
2. Mechanical equipment located within 120 -feet of any residentially zoned
district must meet the standards established for noise regulation as stated
in Section 55. Performance Standards.
3. Screened garbage storage, on a concrete pad no nearer than fifty (50) feet
to any residentially zoned district and Northwest Highway.
4. Off-street parking, provided that all areas devoted to the parking of vehicles
or the sale and display of merchandise, except nurseries, shall be surfaced
in accordance with Section 58 of this Ordinance.
5. Provisions for the parking of automotive vehicles provided within sixty (60)
feet of any residentially zoned district shall be separated from said lot by a
blind fence or wall at least six (6) feet high.
6. Other structures or uses which are customarily accessory and clearly
incidental and subordinate to the permitted use and/or structure.
7. Signs advertising uses located on the premises in accordance with Section
60 of this Ordinance.
8. Used car sales in conjunction with new car sales provided that used car sales
do not exceed more than fifty percent of the total sales for the automobile
dealership in a calendar year.
C. CONDITIONAL USES: The following conditional uses may be permitted provided
they meet the provisions of, and a Conditional Use Permit is issued pursuant to,
Section 48 of this Ordinance.
Commercial off-street parking lots for passenger vehicles less than one ton
carrying capacity.
2. Retail sales of building materials displayed in an unenclosed or incompletely
enclosed area with outside storage.
102103 2 Section 26
0:\ORD\Drafts\0904\S EC.26.draft.doc
, Section 26 DRAFT
Highway Commercial 091304
3. Home equipment rental.
4. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42.13. of this Ordinance.
5. Public or private storage garages, including mini storage warehouses.
6. Swimming pool and spa sales within a completely enclosed building.
7. Restaurant with outside dining and/or drive through.
8. Planned Commercial Centers.
9. Automotive repair garages, within a completely enclosed building. Salvage
and/or wrecking yards are prohibited. All storage areas must be surfaced
and screening shall be provided in accordance with Section 58 and Section
50.
10. New automotive sales, and service, cars and light to medium trucks. All
vehicles must be in an operating condition and all open display or storage
areas must be surfaced and developed in accordance with all applicable
Ordinances of the City.
11. Automotive rental.
12. Camper sales and camper trailer sales and service, lease and rental within
a completely enclosed building and with outside display.
13. Auction sale, new or used goods located within a completely enclosed
building.
14. Plumbing supply within a completely enclosed building.
15. Automobile washing business: automatic, coin-operated or moving line wash.
16. Outdoor commercial amusements such as golf driving ranges, miniature golf,
archery
17. Gasoline service station.
102103 3
0:\ORD\Drafts\0904\S EC.26.draft.doc
Section 26
Section 26
Highway Commercial
18. Feed and grain sales within a completely enclosed building.
19. Boat and marine sales and/or service with outside display.
20. Job printing or newspaper establishments.
D,'T�FT
1,91304
21. Hotels and motels. Hotels approved prior to April 18, 2000, shall be deemed
alawful, permitted use and shall have the same status as that authorized
pursuant to this Ordinance; provided, however, no such building, structure,
or use shall be altered, changed or expanded unless a conditional use permit
therefore has been granted pursuant to this ordinance.
22. Automotive State Inspections facility.
23. New and used golf and utility cart sales and services, both electric and
gasoline powered, with outside display and outside storage.
D. LIMITATION OF USES:
Residential structures and uses are expressly prohibited in the HC Highway
Commercial District. Existing residences may remain as non -conforming
uses, but it is intended that new residential construction not be allowed in the
District.
2. (a) All property zoned HC, Highway Commercial, shall have driveway
access and frontage in accordance with Section 26, paragraph G.2.
only from a State Highway or Central Avenue except as provided in
Section D.3.
(b) Additional driveway access on a corner lot from other than a State
Highway for the intersecting street only, may be approved by the
Planning and Zoning Commission and City Council with the filing of
a Concept Plan in accordance with Section 45. For purposes of this
Section 26.13, corner lot shall mean a lot located at the juncture of a
State Highway and a street which intersects such State Highway.
3. Access to and frontage on a street other than a State Highway or Central
Avenue will be permitted only for property zoned HC, Highway Commercial
prior to the 15th day of July 1986, provided the principal uses and conditional
uses are limited to the following uses:
102103 4 Section 26
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR
AMENDMENTS AND CHANGES TO ZONING
REGULATIONS BY AMENDING SECTION 26, "HC"
HIGHWAY COMMERCIAL DISTRICT; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of
the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code
is hereby amended in the following particulars, and all other sections, subsections,
paragraphs, definitions, words and phrases of said Appendix "D" and not amended but
hereby ratified, verified, and affirmed:
A. That Section 26 "HC" Highway Commercial District is hereby amended by
amending Subsection C Conditional Uses by the addition of item 23 to read
as follows:
"23. New and used golf and utility cart sales and services, both
electric and gasoline powered, with outside display and outside
storage." —
Section 2. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 3. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court or competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 19th day of October, 2004.
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 2