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HomeMy WebLinkAboutItem 05 - AM04-01 Zoning Ordinance AmendmentGC ITEM 0 L 8 -- --_ Piz 0 g MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H. T. HARDY, DIRECTOR DEVELO NT SERVICES MEETING DATE: MARCH 23, 2004 SUBJECT: ZONING ORDINANCE AMENDMENT AM04-01, SECTION 28, "CBD" CENTRAL BUSINESS DISTRICT RECOMMENDATION: Staff recommends the City Council consider the amendment to Section 28, "CBD" Central Business District relative to the elimination of the one year trial period for outside display of merchandise and take any action necessary. BACKGROUND: Early in 2003, Staff received a request from Mr. Terry Musar, the owner/operator of Mad Duck Adventure Sports at 816 South Main Street, to allow outside display of merchandise such as bicycles and kayaks. This site, located at the northwest corner of South Main Street and Dallas Road is zoned "CBD" Central Business District and has a historic subdistrict overlay. At the time of Mr. Musar's request, outside display was not permitted in the "CBD" Central Business District. An amendment was drafted establishing a set of criteria to allow outside display of merchandise as an accessory use and was approved with a one-year trial period due to end March 18, 2004. Several merchants along South Main Street have occasionally availed themselves of this provision and there have been no reported negative incidents or problems resulting from this outside display of merchandise. Staff recommends the one year timeline be eliminated and outside display as an accessory use within the guidelines established in the "CBD" Central Business District be allowed permanently. /rs OAZCMAM04-01.4 March 14, 2004 (9:33AM) NO DRAFT COPY 03-23-04 2. Off-street parking in conjunction with a permitted use. 3. Signs, in accordance with Section 60 of this Ordinance. 4. Outside display of merchandise. a• All outside display of merchandise shall conform to the following guidelines: (1) All outside display will be limited to the normal business hours for the associated permitted and/or conditional use. (2) A minimum clear unobstructed width of 48 -inches measured from the curb shall be maintained on the public right-of- way/sidewalk. (3) No outside display of merchandise shall be allowed during any City sponsored event or festival. (4) The City reserves the right to require the removal of any merchandise displayed outside on the public right-of- way/sidewalk that may be obtrusive, unsafe, or otherwise interfere with pedestrian traffic. C. CONDITIONAL USE: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued pursuant to Section 48 of the Ordinance. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.6 of this Ordinance. 2. 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. 3. 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. All alcoholic beverage sales shall be consistent with the Texas Alcoholic Beverage Code. 4. 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 020904 2 Section 28 'L "-�6 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 28, "CBD" CENTRAL BUSINESS 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, •' ORDAINED BY THE CITY COUNCILOF 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 28 "CBD" Central Business District is hereby amended by amending Paragraph B. Accessory Uses by amending subsection B.4 to read as follows: 114. Outside display of merchandise. a. All outside display of merchandise shall conform to the following guidelines: (1) All outside display will be limited to the normal business hours for the associated permitted and/or conditional use. (2) A minimum clear, unobstructed width of 48 - inches, measured from the curb line, shall be maintained on the public right-of- way/sidewalk. (3) No outside display of merchandise shall be . allowed during any City sponsored event or festival. (4) The City reserves the right to require the removal of any merchandise displayed outside on the public right-of-way/sidewalk that may be obtrusive, unsafe, or otherwise interferes with pedestrian traffic." 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 23rd day of March, 2004. ATTEST: ORD. NO. 2 ORD. NO. 3