HomeMy WebLinkAboutItem 05 - AM02-02 Zoning Ordinance AmendmentsSCM #
MEMO TO: HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES V)
MEETING DATE: APRIL 16, 2002
SUBJECT: ZONING ORDINANCE AMENDMENTS AM02-02—PROPOSED
AMENDMENT TO SECTION 21, "R -MF -1" MULTIFAMILY
DISTRICT AND AMENDMENT TO SECTION 27, "PO"
PROFESSIONAL OFFICE DISTRICT
RECOMMENDATION:
Staff recommends the City Council and the Planning and Zoning Commission consider
an amendment to Section 21, "R -MF -1" Multifamily District relative to the locational
distance from the Grapevine Mills Mall for apartments with reduced building separation
and three story building height, and take any action necessary.
Staff also recommends the City Council and the Planning and Zoning Commission
consider an amendment to Section 27, "PO" Professional Office District relative to
"permanent cosmetic application" as a permitted use, and take any action necessary.
BACKGROUND:
Amendment to Section 21, `R-MF-1"Multifamily District
Zone Change Request Z02 -02—a request by Mr. Jerry Stone to rezone approximately
71 acres from "PID" Planned Industrial District to "R -MF -1" Multifamily District—was
approved on the first reading of an ordinance at the March 19, 2002 meeting. Mr. Stone
has proposed to construct a 600 -unit deed restricted apartment complex at the
southeast corner of F.M. 2499 and the Grapevine/Flower Mound city limit line utilizing
the same development criteria that was used on his three-phase apartment complex
project to the south and west of the subject site. The ordinance as it is currently written
allows three story building height and reduced building setbacks only as a conditional
use for multifamily zoned property within 3/4 of a mile north northeast of property zoned
and developed as a planned commercial center in excess of 1,000,000 square feet of
gross leasable space and located north of Grapevine Mills Boulevard. The subject site
exceeds the % mile distance criteria. Section 21.C.8, "R -MF -1" Multifamily District,
Conditional Uses, has therefore been modified to eliminate the 3/ mile distance criteria
since the subject site borders the Grapevine/Flower Mound city limit line. With this
modification to the ordinance, and only with the approval of a conditional use permit will
0: MUMM02-02.4
April 4, 2002 (4:37PM)
-unit apartment
Mr. Stone will be allowed to proceed with the development of the 600
,t complex at this location. See the attached ordinance.
Amendment to Section 27, `PO" Professional Office District
Several times over the past year, Staff has received inquiries from individuals wishing to
establish businesses that specialize in the application of permanent cosmetics. Along
with these requests, individuals have requested Staff sign a "Tattoo Studio License"
issued by the Texas Department of Health. Since the form made no distinction between
permanent cosmetic application and the application of tattoos, Staff has refused to sign
the Tattoo Studio License form and thus have also found the application of permanent
cosmetics to be prohibited in all zoning districts.
Recently the State redesigned the "Tattoo Studio License" form and there is now a
category for permanent cosmetics. Staff in conjunction with the City Attorney feel that
allowing permanent cosmetic application as a permitted use in the "PO" Professional
Office District would be appropriate with an approval from the Texas Department of
Health and the operator of said business being licensed by Texas Cosmetology
Commission. See the attached letter, "Tattoo Studio License" Application, and
amended ordinance.
/rs
0:2CU/AM02-02.4
April 4, 2002 (4:37PM)
DRAFT 04-16-02
Section 21. R -MF -1. Multifamily District Regulations
PURPOSE: The R -MF -1 Multifamily district is established to provide adequate space and
site diversification for multiple -family apartment and condominium developments where the
maximum density does not exceed twelve (12) dwelling units per gross acre. R -MF -1
Districts should be characterized by landscaping and open space and should be
convenient to major thoroughfares and arterial streets. Such districts should have
adequate water, sewer, and drainage facilities.
USES GENERALLY: In an R -MF -1 Multifamily 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:
1. Multifamily dwellings, including apartments and condominiums.
2. Churches, convents, and other places of worship.
3. Parks, playgrounds and nature preserves, publicly owned.
4. Public utility uses required to service the District.
5. Temporary buildings when they are to be used only for construction
purposes or as a field office within the development parcel. Such
temporary construction buildings shall be removed immediately upon
completion or abandonment of construction and such field office shall
be removed immediately upon occupancy of ninety-five (95) percent
of the units in the development parcel.
B. ACCESSORY USES: The following uses shall be permitted as accessory
uses to the multiple -family dwellings provided that none shall be a source of
income to the owners or users of the multiple -family dwellings. All accessory
uses shall be located at least twenty (20) feet from any street right-of-way
and shall not be located between the building line and the front property line.
1. Detached covered common parking, off-street parking and private
garages in connection with any use permitted in this district provided
that such parking shall not be located in a required front yard.
2. Swimming pools and tennis courts no nearer than seventy-five (75)
feet to any residentially zoned district.
040402 1 Section 21
n DRAFT 04-16-02
3. Laundry room for use of tenants.
4. Meeting, party and/or social rooms in common areas only.
5. Cabana, pavilion or roofed area.
6. Mechanical and maintenance equipment related to a principal use no
nearer than one hundred twenty (120) feet to any adjacent
residentially zoned district and housed in an enclosed building.
7. Screened garbage and/or solid waste storage on a concrete pad, no
nearer than fifty (50) feet to any adjacent R-3.5, R-TH, R-5.0, R-7.5,
R-12.5, R-20 zoned district, and not within the front setback.
8. Communication equipment meeting the requirements of Chapter 7,
Article XII of the Grapevine Code of Ordinance.
C. CONDITIONAL USES: The following conditional uses may be permitted
provided they meet the provisions of Section 48 and a Conditional Use
Permit is issued.
040402
1. Public and non-profit institutions of an educational, religious or cultural
type excluding correctional institutions and hospitals.
2. Non-profit community centers.
3. Memorial gardens and cemeteries.
4. Nursing homes.
5. Day care centers (See Section 21.N.).
6. Personal Care Facilities (See Section 21.N.).
7. Any off-street parking for churches, convents and other places of
worship developed on property other than the platted loft of record of
the principal use, provided all or a portion of the property utilized for
parking is located within 300 feet of the platted lot of record.
8. The following conditional uses may be permitted, provided they meet
2 Section 21
DRAFT 04-16-02
the provisions of Section 48, are located within an area +s -n
due north and northeast of property zoned
and developed as a planned commercial center containing in excess
of 1,000,000 square feet of gross leasable space and north of
Grapevine Mills Boulevard, and a Conditional Use Permit is issued.
a. The maximum height of principal structures may be a
maximum of three (3) stories, not to exceed forty (40) feet.
b. Whenever two (2) principal structures are arranged face to end
or back to end the minimum distance may be thirty (30) feet.
Whenever two (2) principal structures are arranged end to end
the minimum distance may be twenty (20) feet. The point of
measurement shall be the exterior walls of the buildings and
does not include balconies, railings or other architectural
features.
D. LIMITATION OF USES:
1. No Storage boxes or any other containers to be picked up or dropped
off by curbside self -storage services, moving services and other
similar services shall be placed within a public right-of-way. Storage
containers to be picked up or dropped off by such services shall be
visible from a public right-of-way or adjacent property for a period not
exceeding seventy-two (72) consecutive hours, and not more than
two (2) instances during any thirty (30) day period.
E. PLAN REQUIREMENTS: No application for a building pen -nit 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 density requirements shall apply.
040402 3 Section 21
P, H
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L n1lkl"il ITi 1' IM,
(di
1781 K.W Highway
6fapevtne,7x
76892
Phone: t80 329-5815
Fat 18171 329-1875
Small:
Wednesday, March 13, 2002
Planning & Zoning Commission
200 South Main Street
Grapevine, TX, 76051
To Whom ft May Concern:
RECEIVED
MAR 1 12002
PLANNING
I respectfully request that consideration be given to amend section 27 Professional Office District
to include Permanent Make-up application to the list of permitted uses. For the past four years, I
have been offering the same type of services out of Dallas and Southlake City.
Permanent Make-up is a very sophisticated procedure performed only in very few Aesthetic
Centers. With the latest techniques in application of Permanent Cosmetics, in which clients are
referred by Plastic and Cosmetic Surgeons, we can now restore a breast areola after a breast
cancer surgery, remove a deft lip or scar but mostly it is used to enhance permanently facial
cosmetic applications. In other words, this is the application of cosmetics but done in a permanent
way. There are various ways to apply the make-up, such as the soft tap, or hand method, rotary
pen or in some cases the coil machine. In order to practice this art, I had to be trained by the
American Institute of Intradermal Cosmetics, where I achieved the highest level of training and
certification. As well, 1 had to be licensed by the Texas State Board of Health and the
Cosmetology Board. As Permanent Make-up is one of the finest services reaching only the elite
and because different machines, techniques and pigments are used to perform the application, it
cannot be compared with the services offered by tattoo shops in any way. Among other services
#fiat i will perform in my office are Microdermabrasion, European Facials, Cellulite and Spa
Treatments.
I feel that this will benefit the City of Grapevine to offer such an elite service.
Please contact me at the above address if you have any questions or need additional information.
I can be
Thank you for your support.
4.
Sind
Sandra 1. Dixon
Medical Aesthetician, President & CEO
Clinical Skin Care Center
Under Which
r ITAIN is]31.V I •
TATTOO STUDIO UCENISE APPLICATION
(Health and Safety Code, Chapter 146)
Return bog► the comptetod application, and non-refundable fee made payable to
TIXAS DkPARrkm OF IEALnL in the cwmkve Provided or mail to:
Texas Department of Health, P. O. Bout 12008, A>iscin, Texas 78711.
You may visit our vmbshc at: www.tdh.state.tx xn/bfds
Physical Address to be U
City, County, State, Zip Code:
Telephone # at address: (8 t 7
Rome Page (URL) Address:
TATTOO
BUDGET: 7B707
FUND: oss
LICM2SE #
Type of Operation (Check all that apply): G Tattooing GG ermanent Cosmetics G Branding G Scarification
Requested License Type: G New (Initial) License G Renewal License G Amended license
G Tattoo studio license fee: $450.00
G Temporary event - $450.00 Date of event (Beginning)_ ��)a-7---
pcense is valid for a maximum ofseven consecutive days) m --
yr
G Late Fee - A person who files a renewal application after the expiration date must pay an additional $100.00.
ANY RETURNED CHECKS RECEIVED AFTER RENEWAL DATE WILL BE ASSESSED AN ADDITIONAL $100.00 LATE FEE.
ZONING CODE COMPLIANCE VERIFICATION (to be completed onfv on tuitW or amended avotksdow by bat offldal):
Before submitting this application and the non-refundable fee, contact local officials to make sure that your proposed studio
is in compliance with any applicable local zoning codes. The Texas Department of Health cannot issue a tattoo studio
license without confirmation that the studio is in compliance with local zoning codes.
G I hereby certify that the studio at the address listed above is inside the boundaries of this city or town and is not prolnbitexd by
charter, ordinance or amendment thereto, as it applies to zoning.
Signawre and Title of Zoning Official Date
G I have verified all possible means that there are no boning codes for the studio at the address listed above.
Date
Signature of Studio Owner
yERiF1CATION: I SWEAROR AFFtRMTHAT ALL INFORMATION IN THUS APPLr-ATION US TRUE AND CORRECT. i FURTHER CERTIFY BY SIGNATURE HEREON, THAT
I AM AUTHORIZED TO EXECUTE THIS DOCUMENT ON BEHALF OF THE CORPORATION AND AM ELIGIBLE TO RECEIVE A LICENSE; I AM Nar CURRENTLY
DELINQUENT IN THE p&yMENTOF ANY CORPORATION FRANCHISETAXES OWED THE STATEOFTEXAS UNDER CH&PTER 171,TAXCODE,NOR AMIDELINQUENT
IN THE PAYMENT OF ANY CHILD SUPPORT OWED UNDER CHAPTER 232, FAMILY CODE I FURTHER CERTIFY THAT I HAVE READ & UNDERSTOOD CHAPTERS 146
AND 431 OF THE HEALTH & S CODE, THE APPLICABLE PROVISIONS OF 25 TAC:, CHAPTER 229, AND AGREE TO ABIDE BY THEM.
c,dha I.QOWNER. Dole
alp
5 RMENT
*r"Mk ! • -b o V1 f
ORPORATE DESIGNEE / AGENT
I•�a Na= &'rr&
Publication #F23-10618Revised 1010
BE CERTAIN TO COMPLETE ALL PAGES OF THIS FORM
PAGE 1 OF 3
PURPOSE OF THIS APPLICATION: Mads appmpriate box to indicate purpose of application, and/or any change in status of
Company -
G New - Start batt:
G Amended= c Enter �the date
% hr
�e dzsg(t�
waslis effective:
4%�gr
Datt
Cbwge of name, ownership' or change is the location of a liocastd place of business, requires submission of a new application and
fee. The effective date of change becomes the new anniversary date.
G Renewal - Renewals are valid for one year frons the anniversary date. Failure to submit the renewal fee before the
expiration date will result in a delinquency fee for each location and must be remitted before the
license or permit will be issued
G Notice that firm is out of business.. Date: G Not required to liceuselpermit
Sign and dads Return for deletion from our reoords. Reason
RESPONSIBLE INDIVIDUAL IN CHARGE AT PHYSICAL ADDRESS
(A license cannot be issued for mazuufacturiag, assembling, testing, processing, packing, holding or labeling of drugs and/or devices from say
personal residence. *Residence address and driver's license number are required of drug and/or device applicants ONLY.)
Name of Title *Residence Adders • 'Dnvices LA== MWi=
BILLING INFORMATION:
Billed to:
Billing Address:
City, State, Zipcode:
Name of Application Preparer (Contact Person):
Telephone Number of Application Prgmw (Contact Person):
E-mail Address of Application 1
♦ A separate licenselpermit is uired for each location. All licenses/permits must be displayed at the
address licensed/ permitted. (Water Vending licenses may be kept at the home office.)
♦ The license/permit will be valid for one year from the new, renewal, or change date.
1 The license/permit renewal application and fee are due each year PRIOR TO the anniv y date. This office
must be advised of any changes of ownership,name, or address 30 days PRIOR TO theecchange, as this will
Chan,ge the anniversary date. Please note that it is the responsibility of the Ucense/permit holder to
remit the renewal fee before the expiration date, whether a payment notice is received or not. Failure
to submit the renewal fee before the expiration date will result in a delinquency fee for each location
and must be remitted before the licenseipermit will be issued.
♦ For assistance in completing this application, call (512) 719-0246.
♦ Please address any correspondence to: Texas Department of Health, 1100 West 49' Street, Austin, Texas
78756.
BE CERTAIN TO COMPLETE ALL PAGES OF THIS FORM
PAGE 2 OF 3
LdCENSFIPERMN[IT HOLaER INFORMATION: Q=pkt, the roxTimd ownexship infacmmctia u -'fes Aux add m and
dri"er an&or devim ONLY. Attach a mate diect of paper if needed.
Lxgd name of company mast be identical to the name on your State Tax Payers identification number on Me with the Texas
of Pu s. The State Tax number and Oudd mmiba MUST be completed before a Rctail permit will be issued
1 cAo
h Ulvyq&
" Tax Payer ID # t Cbwter # Outlet #
Malang Ad&= atl kwsed __+ and Statr.
zip
Check One G Sole Owner t Proprietorship G Partnership G Association G Corptxation
G SOLE OWNER/ PROPRIETORS -Name,* Residence Address, and *Drivers License Number of the Proprietor
�'b �� )V*:,15-(t
Name •ice aaar� •�, I3reme x�
G PARTNERSHIP - Names, *Residence Addresses, and *Drive's U—M–W-p+emm� of Managi°g Partners
*Ddvers Ucmme Number
Narver *Resldenwe Address *Drivers Reese N>mber
G ASSOCIATION - Names of Principals, *Residence Addresses, and *Drivers license Numbers of Managers
NVMC *ReAdeaae Address *Ddvers Ilceme Num
Nems *Ratdeaee Address *Drivers Iiccme Number
G CORPORATION - Provide the Following hifOmuhm
Date- and Pts= of Daoogxxzb n
N.me dCacpootioa
presidwes Name *Ra[dmee Address *Drivers Is«me Nunber
Officer's Name *R&dAcom Address *Drwm Beene Number
Oflkws Name *Residence Address *Drtvm Uo me Number
Now of Regssced Agat * Addresm Tekph N=b-�r
Revised 1=2/02
BE • 1 TO • �' ,,� •
PAGE30F3
'kt
„t DRAFT
Section 27. P -O Professional Office District Regulations
04-16-02
PURPOSE: The P -O Professional Office District is established to create a restrictive
district for low intensity office or professional uses which may be located close to all types
of residential uses, with appropriate buffer and landscaping so as not to create a blighting
effect on adjacent residential area.
USES GENERALLY: In a P -O Professional Office 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.
1. Administrative, executive and editorial offices for business, professional or
industrial organizations.
2. Financial offices such as banks, savings and loan associations, mortgage
bankers and insurance offices.
3. Governmental office buildings and uses.
4. Prescription pharmacy.
5. Medical and dental clinics.
6. Medical and dental laboratories, but not including the manufacture of
pharmaceutical or other products for general sale or distribution.
7. Professional offices for the conduct of the following professional and
semiprofessional occupations: Accountant, architect, attorney, dentist,
engineer, insurance agent, real estate agent, personal or family counselor,
chiropractor, physical therapist, physician, public secretary, surgeon, or any
other office or profession which is the same general character as the
foregoing, but excluding animal grooming salons, dog kennels, funeral
homes, veterinarian and veterinary hospitals.
8. Public institutions and nonprofit institutions of any educational, religious or
cultural type, but excluding corrective institutions and hospitals.
9. Public utility uses required to service the district.
10. Schools and studios for art, dancing, drama, music, photography, interior
040402 1 Section 27
04-16-02
decorating or reducing.
11. Permanent cosmetic application—with approval of a Tattoo Studio
License from the Texas Department of Health and licensure from the
Texas Cosmetology Commission
B. ACCESSORY USES: The following uses shall be permitted as accessory uses,
provided that such use shall be located not less than twenty (20) feet from any
street right-of-way:
1 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.
2. Screened garbage storage on a concrete pad and 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. Parking of automobiles, provided that such facilities are within sixty (60) feet
of a residentially zoned district be separated from said lot by a blind fence or
wall at least six (6) feet high.
4. Parking garage.
5. Signs advertising uses on the premises in accordance with Section 60 of this
Ordinance.
C. CONDITIONAL USES:
1. Restaurants, including alcoholic beverage sales provided a special permit is
issued in accordance with Section 42.13. of the Ordinance. Drive-in and
drive-through restaurants shall not be allowed.
2. Funeral homes and mortuaries.
3. Personal Care Facilities.
4. Any use allowed within this district with drive-in or drive-through service.
D. LIMITATIONS OF USES: None specified.
040402 2
Section 27
{'`may'" 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 CODE OF ORDINANCES OF THE
CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR
AMENDMENTS AND CHANGES TO ZONING REGULATIONS
BY AMENDING SECTION 21 "R -MF -1" MULTIFAMILY
DISTRICT; AND SECTION 27 "PO" PROFESSIONAL OFFICE
DISTRICT REGULATIONS; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF 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; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
3 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 Code of
Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars,
and all other sections, subsections, paragraphs, definitions, words and phrases of said
Appendix "D" are not amended but are hereby ratified, verified and affirmed:
A. That Section 21, "R -MF -1" Multifamily District Regulations, is hereby amended by
amending Subsection C.8 to read as follows:
"C. CONDITIONAL USES:
8. The following conditional uses may be permitted, provided they
meet the provisions of Section 48, are located within an area due
north and northeast of property zoned and developed as a
planned commercial center containing in excess of 1,000,000
square feet of gross leasable space and north of Grapevine Mills
Boulevard and a Conditional Use Permit is issued."
B. That Section 27, "PO" Professional Office District Regulations, is hereby amended
b the addition of a new
y Subsection A.11 to read as follows:
121111124=11 NAMWI
11. Permanent cosmetic application—with approval of a Tattoo
Studio License from the Texas Department of Health and
licensure from the Texas Cosmetology Commission."
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 an 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 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 of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 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 passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of April, 2002.
ATTEST:
ORD. NO. 2
raga a - I