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TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER �/
H.T. HARDY, DIRECTOR OF DEVE OPMENT SERVICES
DATE: NOVEMBER 20, 2001
SUBJECT: PROPOSED AMENDMENTS TO SECTION 23, "LB" LIMITED BUSINESS
DISTRICT; SECTION 24 "CN" NEIGHBORHOOD COMMERCIAL
DISTRICT; SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT;
SECTION 60, SIGN STANDARDS; AND SECTION 67, AMENDMENTS
RECOMMENDATION
Staff recommends the Planning and Zoning Commission and the City Council consider
amendments to the Comprehensive Zoning Ordinance, relative to Section 23, "LB"
Limited Business District, Section 24, "CN" Neighborhood Commercial District, and
Section 27, "PO" Professional Office District, to regulate drive-through service and take
any action necessary.
Staff also recommends the Planning and Zoning Commission and the City Council
consider an amendment to Section 60, Sign Standards relative to the display of
Corporate or business flags, and take any action necessary.
Lastly, Staff recommends the Planning and Zoning Commission and City Council
consider the following amendment to Section 67, Amendments relative to fees
associated with conditional use/special use applications for previously established
planned commercial centers, and take any action necessary.
BACKGROUND INFORMATION
Sections 23, 24 and 27
On August 21, 2001, the final plat application and concept plan for Lot 1, Block 1, First
American Bank was approved by the Commission and Council. At that time concerns
were raised regarding the appropriateness of allowing a bank with drive-through service
to be located adjacent to a residentially zoned district. It was felt that drive-through
service, when located adjacent to a residential neighborhood, might be too intrusive and
as such, any use requesting drive-through service in these three districts should be
allowed only upon approval of a conditional use permit. Staff has drafted an
amendment to Section 23.C, Limited Business District; Section 24.C, Neighborhood
Commercial District; and Section 27.C, Professional Office District requiring all
permitted uses wanting to provide drive-through service to obtain a conditional use
permit. These three districts are generally located adjacent to residential development,
0AZCUAM01-05.4 1
and the uses allowed in these districts have the most impact on the City's residential
communities.
Section 60, Sign Standards
Currently, Section 60.E.1.a of the Sign Standards Ordinance specifies that "[f]lags, or
emblems of a government or of a political, civic, philanthropic, educational or religious
organization" are exempt from the provisions of Section 60 provided they are displayed
on private property. Corporate flags are excluded from the types of flags that can be
displayed within the City. As Grapevine's industrial and corporate base has developed
and grown, it has become apparent that this omission is problematic to corporations
wishing to locate within Grapevine. The use of corporate flags on the grounds of large
industrial and corporate facilities have become an inherent and important part of the
corporate identity. As such, staff is recommending that Section 60 of the sign ordinance
be amended to include corporate flags in the list of exempt flags with the added
provision that when a corporate flag is displayed on private property it must be
accompanied by both the national flag and the state flag.
Section 67, Amendments
Currently Staff requires the full fee ($500.00 for the first acre and $25.00 per acre for
each additional acre or part thereof) for all conditional/special uses and zone changes
and for any amendments to previously approved conditional/special uses. To establish
a planned commercial center a minimum five acres is required thus establishing a
minimum fee of $600.00. Any subsequent revision to the approved site plan requires a
submittal fee of a minimum of $600.00. For planned commercial centers in excess of
five acres the submittal fee can become quite substantial. Our largest established
planned commercial center—the Grapevine Mills Mall—is comprised of 171 acres which
translates into a fee of $4750.00 each time the Mills modifies their previously approved
plan. Whether it is a simple floor plan modification or a new outparcel development, the
full $4750.00 fee has been required. Staff has received a number of complaints from
applicants that this fee structure is excessive. In an attempt to address applicants'
concerns associated with the current established fee structure while ensuring that fees
are adequate to cover the expenses incurred by the City when processing these
requests (e.g. advertising, property owner notices, etc.), Staff recommends the following
amendment to Section 67, Amendments:
For established planned commercial centers in excess of five (5) acres, the
application fee for conditional/special uses shall be determined as follows:
• For interior modifications relative to established structures regardless of the
size of said structure, the fee shall be $500.00.
• For new construction with an established legally described property boundary
the fee shall be based solely on the size of said legally described property
0:1ZCU\AM01-05.4 2
which shall be calculated as follows: $500.00 for the first acre and an
additional $25.00 per acre or part thereof.
• For any modifications to the approved plan for an established planned
commercial center that effects or is relative to the �entire planned commercial
center, the fee shall be based upon the size, in acres, of the entire center.
Using the Grapevine Mills Mail as an example, for and interior modification e.g. a floor
plan change in the Mail proper or any of the outparcel developments, the fee would be
$500,00. For a new outparcel development the fee would be based on the acreage for
the outparcel development only. Any changes that would effect the entire Mail
development e.g. major changes to the landscaping plan, or parking layout, would
require the full fee for the entire center. See the attached ordinance.
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DRAFT COPY 11120V01
"Y Section 23. LB Limited Business District
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.
E
1. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42.8 of this Ordinance.
2. Drive-in and drive-through restaurants.
3. Schools and studios for art, dancing, drama, music, photography, interior
decorating, or reducing.
4. Food and convenience stores, including prepared food carry -out service, that
provide additional parking needed by that service.
5. Professional and business offices.
6. Banks and financial institutions.
7. Any permitted use with drive-in or drive-through raervice
D. LIMITATION Of USES:
1. All activities of permitted uses except automobile parking lots, shall be
conducted entirely within a completely enclosed building.
2. No individual retail store or personal service establishment shall have a floor
area open to the public, including display, service and sales, greater than
twenty-five hundred (2,500) 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.
3. A Landscape Plan, meeting the requirements of Section 53, has been
approved.
041701 Section 23
Section 24. C -N Neighborhood Commercial District
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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
this Ordinance.
1. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42.13. of this Ordinance.
2. Tire, battery, and accessory stores located within a planned shopping center.
3. Automotive parts and supplies completely in an enclosed building.
4. Drive-in or drive-through restaurants.
5. Gasoline services.
6. Private clubs and service organizations.
7. Veterinarian including veterinary hospitals where small animals are kept
overnight.
8. Planned Commercial Centers.
9. Any individual retail store, office, personal service establishment, restaurants,
or other uses provided for in Section 24.A. with a floor area open to the
public, including display, service and sales, greater than ninety-five hundred
(9,500) square feet.
10. Personal Care Facilities.
11. Any permitted use with drive-in or drive-through service.
D. LIMITATION ON USES:
1. The C -N District is intended for neighborhood scale shopping and service
facilities and the total retail or commercial shopping floor area on any lot or
parcel shall not exceed one hundred thousand (100,000) square feet. No
individual retail store, office, personal service establishment, restaurant or
other uses provided for in Section 24.A. shall have a floor area open to the
public, including display, service and sales, greater than ninety-five hundred
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041701
K
Section 24
DRAFT COPY 11/20/01
Section 27. P-0 Professional Office District Regulations
C. CONDITIONAL USES:
1. Restaurants, including alcoholic beverage sales provided a special permit is
issued in accordance with Section 42.B. of the Ordinance. Drive-in and
drive-through restaurants shall not be allowed.
2. Funeral homes and mortuaries.
3. Personal Care Facilities.
4. Any permitted use with drive-in or drive-through service.
D. LIMITATIONS OF USES: None specified.
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 a P-0 District shall not
exceed a floor area ratio of 1.0.
2. MINIMUM LOT SIZE: The minimum lot size in a P-0 District shall be ten
thousand (10,000) square feet.
3. MINIMUM OPEN SPACE: At least twenty (20) percent of the total lot area
shall be devoted to nonvehicular open space. (Non -vehicular open space is
any area not devoted to buildings, parking, loading, storage or vehicular
use.)
a. Landscaping in excess of the required minimum open space that is
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041701 3 Section 27
10/16/01
1 . The following signs shall be exempt from the requirements of this section:
(a) Flags, or emblems of a government or of a political, civic,
philanthropic, educational or religious organization, when displayed
on private property.
1 ) Flags or emblems of a business or corporation when
displayed on private property and accompanied by both the
national flag and the state flag. One business or corporate
flag shall be permitted per lot of record. All flags displayed
must follow the rules of standardflag etiquette and all
business or corporate flags shall be no larger than the
accompanying national or state flag.
(b) Signs of a duly constituted governmental body for traffic or similar
regulatory devices, legal notices, warnings at railroad crossings,
recreational scoreboards for football, baseball fields or other sports
attractions, and city park signage; and other instructional or regulatory
signs having to do with health, hazards, parking, dumping, etc. Off
premise signs or commercial billboards shall not be exempt from this
section.
(c) Address numerals and other signs required to be maintained by law
or governmental order, rule or regulation, provided that the content
and size of the sign do not exceed the requirements of such law,
order, rule or regulation.
(d) Small signs, displayed on private property for the convenience of the
public, including signs to identify entrance and exit drives, parking
areas, one-way drives, restroom, freight entrances, and the like,
(shall) conform to the following regulation:
(1) The maximum height of the sign shall be forty-two (42) inches.
(2) A company logo or name shall not exceed ten percent (10%)
of the sign.
(3) Directional signs, i.e., enter, exit, drive-through, shall have an
11/2/01 10:09 AM Section 60
12
DRAFT COPY 11-20-01
C{`1`
Section 67. Amendments
A. APPLICATION FOR ZONING CHANGES:
1. Any person, firm or corporation requesting change in zoning of any property
from one district classification to another district classification under this
Ordinance shall make an application in writing to the City Planning
Department requesting change in zoning, which application shall contain the
following information:
a. Legal description of the land on which a zoning change is requested,
together with the local street address.
b. Name and address of the owner of the property.
C. Name and address of the person making the application, if made by
anyone other than the owner, together with a statement that the
person making the application is authorized to act for the owner in
making the application.
d. District use under which the property is regulated at the time of
making application and the district use requested by the applicant.
e. Any other information concerning the property as may be reasonably
requested by the City Planning Department.
2. Upon filing of an application for a change in zoning with the City Planning
Department, the applicant shall pay to the City the sum of five hundred
dollars ($500.00) for all tracts that do not exceed one (1) acre and an
additional filing fee of twenty five dollars ($25.00) per acre, on any part
thereof, for each additional tract that exceeds one (1) acre, no part of which
shall be returnable, regardless of the action taken on the request. For a
request for a change in zoning related to the establishment of a Historic
Landmark "H" designation, there shall be no fee.
For established planned commercial centers in excess of five (5) acres,
the application fee for conditional/special uses shall be determined as
follows:
a. For interior modifications relative to established structures
Section 67
E
DRAFT COPY 11-20-01
regardless of the size of said structure, the fee shall be–MR-0.00.
b. For new construction with an established legally described
property boundary the fee shall be based solely on the size o
said legally described property which -shall becalculatedas
follows: $500.00 for the first acre and an additional $25.00 per
acre or part thereof.
c. For any modifications to the approved plan for an established
planned commercial center that effects or is relative to the entire
planned commercial center, the fee shall be based upon the size,
in acres, of the entire center.
3. A waiting period of one (1) year between the date an application for
amendment to the zoning ordinance, or a requested change in zoning, is
denied by the City Council and a new application for such a change or
amendment is accepted, is hereby established. The one-year waiting period
shall be applicable to all requested amendments and changes for the same
zoning district, or districts, on all or any portion of the property previously
considered for amendment or change in zoning; provided, however, said
one-year waiting period shall not be applicable to any proposed amendment
or change instituted by the City Council or Planning and Zoning Commission
or to any proposed amendment or change denied by the City Council without
prejudice. For purposes of this section, denied by the City Council shall
mean that on final reading: (a) a motion by the City Council to deny the
requested zoning change passed by a majority of the quorum present and
voting; or (b) a motion by the City Council to deny or approve the requested
zoning change received a tie vote of the quorum present and voting; or (c)
a motion by the City Council to approve the requested zoning change failed
for lack of having the necessary votes; or (d) a motion by the City Council to
approve a withdrawal of a requested zone change, when requested by the
applicant, that is approved by a majority of the quorum present and voting.
A denial without prejudice must be expressly granted by the City Council,
except that a tie vote shall automatically constitute a denial without prejudice.
4. Any application for a change in zoning or for an amendment to the zoning
ordinance shall have, from the date of submittal, a period of four months to
request and be scheduled on an agenda before the Planning and Zoning
Commission and City Council. If after said period of four months an
application has not been scheduled before the Commission and Council said
Section 67
AN ORDINANCE OF THE CITY COUNCIL 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 23 "LB" LIMITED BUSINESS
DISTRICT; SECTION 24 "CN" NEIGHBORHOOD
COMMERCIAL DISTRICT REGULATIONS; SECTION 37 "PO"
PROFESSIONAL OFFICE DISTRICT REGULATIONS;
SECTION 60 SIGN STANDARDS AND SECTION 67,
AMENDMENTS; 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
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 23 "LB" Limited Business District is hereby amended by amending
Section 23.0 Conditional Uses by the addition of a new subsection 23.C.7 to read
as follows:
"C. CONDITIONAL USES:
7. Any use allowed within this district with drive-in or drive-through
service."
B. That Section 24 "CN" Neighborhood Commercial District Regulations is hereby
amended by amending Section 24.0 Conditional Uses by the addition of a new
subsection 24.C.11 to read as follows:
tic. CONDITIONAL USES:
11. Any use allowed within this district with drive-in or drive-through
service."
C. That Section 27 "PO" Professional Office District Regulations is hereby amended
by amending Section 27.0 Conditional Uses by the addition of a new subsection
27.C.4 to read as follows:
"C. CONDITIONAL USES,
4. Any use allowed within this district with drive-in or drive-through
service."
D. That Section 60 Sign Standards Regulations is hereby amended by amending
subsection E.1.(a) Exemptions in its entirety to read as follows:
"E.1.(a) Flags or emblems of a business or corporation when displayed on
private property and accompanied by both the national flag and the
state flag. One business or corporate flag shall be permitted per lot
of record. All flags displayed must follow the rules of standard flag
etiquette and all business or corporate flags shall be no larger than
the accompanying national or state flag."
E. That Section 67 Amendments is hereby amended by amending Section A.2
Application for Zoning Changes by the addition of a new paragraph to read as
follows:
"A. 2. For established planned commercial centers in excess of five (5)
acres, the application fee for conditional/special uses shall be
determined as follows:
(a) For interior modifications relative to established structures
regardless of the size of said structure, the fee shall be
$500,00.
(b) For new construction with an established legally described
property boundary the fee shall be based solely on the size of
said legally described property which shall be calculated as
follows- $500.00 for the first acre and an additional $25.00 per
acre or part thereof.
ORD. NO. 2
(c) For any modifications to the approved plan for an established
planned commercial center that effects or is relative to the
entire planned commercial center, the fee shall be based upon
the size, in acres, of the entire center."
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 20th day of November, 2001.
ATTEST:
ORD. NO. 3
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