HomeMy WebLinkAbout1994-03-01AGENDA
CITY OF GRAPEVINE
SPECIAL WORKSHOP OF PLANNING & ZONING COMMISSION
TUESDAY, MARCH 1, 1994 AT 6:00 P.M.
POLICE TRAINING ROOM #104
307 WEST DALLAS ROAD, GRAPEVINE, TEXAS
DINNER
II CALL TO ORDER
III OLD BUSINESS
A. PLANNING & ZONING COMMISSION TO CONDUCT A WORKSHOP TO
FURTHER CONSIDER THE STATE HIGHWAY 360 CORRIDOR LAND USE
STUDY AND TAKE ANY NECESSARY ACTION.
IV NEW BUSINESS
A. PLANNING AND ZONING COMMISSION TO CONSIDER AMENDING THE
COMPREHENSIVE ZONING ORDINANCE 82 -73, SECTION 31, LIGHT
INDUSTRIAL TO ALLOW KENNELS WITH INDOOR /OUTDOOR RUNS
AND TAKE ANY ACTION DEEMED NECESSARY.
B. PLANNING AND ZONING COMMISSION TO CONSIDER AMENDING THE
COMPREHENSIVE ZONING ORDINANCE 82 -73, SECTION 26, HIGHWAY
COMMERCIAL TO ALLOW BUILDING TRADE CONTRACTORS WITH
STORAGE YARD FOR MATERIALS AND EQUIPMENT WITHIN A
COMPLETELY ENCLOSED BUILDING WITH ACCESS TO AND
FRONTAGE ON A STREET OTHER THAN A STATE HIGHWAY AND
TAKE ANY NECESSARY ACTION.
C. PLANNING & ZONING COMMISSION TO CONDUCT A WORKSHOP TO
CONSIDER THE 1993 NORTHWEST ANNEXATION AREA LAND USE
STUDY AND TAKE ANY NECESSARY ACTION
V MISCELLANEOUS
VI ADJOURNMENT
IN ACCORDANCE WITH ARTICLE 6252 -17 V.A.T.C.S., AS AMENDED BY CHAPTER
227, ACTS OF THE 61 ST LEGISLATURE, REGULAR SESSION, THE PLANNING AND
ZONING WORKSHOP AGENDA WAS PREPARED AND POSTED ON THIS THE 25TH
DAY OF MARCH, 1994 AT 5:00 P.M.
IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY
THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT
THE DEPARTMENT OF COMMUNITY DEVELOPMENT AT (817) 481 -0377.
REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS.
DIRECTOR OF COMMUNITI( DEVELOPMENT
DATE: FEBRUARY 23, 1994
TO: PLANNING & ZONING COMMISSIONERS
FROM: H.T. HARDY, DIRECTOR OF COMMUNITY DEVELOPMENT—AUe
MARCY RATCLIFF, PLANNER-??�
SUBJECT: SUMMARY OF MARCH 1ST WORKSHOP AGENDA ITEMS
MEETING DATE: MARCH 1, 1994
STATE HIGHWAY 360 CORRIDOR LAND USE STUDY
The Planning and Zoning Commission, at the January 18, 1994, meeting reviewed the current
zoning and land use maps and the floodway and flood plain areas along State Highway 360
Corridor. The Planning and Zoning Commission recommended Staff present the proposed land
use map changes for final draft review at the March 1, 1994 meeting. These changes include
(a) designating the Bear Creek City Park as Governmental Use, (b) designating Arbormont
Addition as Low Density Residential, (c) redesignating the Low Intensity Commercial land uses
along Glade Road to Low Density Residential. If the Planning and Zoning Commission
approves the final draft review, Staff would propose to schedule a joint workshop with City
Council to present the revised State Highway 360 Corridor Land Use Study.
Section 31, Light Industrial - Kennels with indoor /outdoor runs
Marie Powell and Gail Madden of AAA Kennel, Inc. at 3316 Glade Road in Colleyville spoke
with Community Development Staff about the prospect of locating in the Grapevine City Limits.
A kennel would be allowed in Community Commercial as a conditional use provided that all
uses be within a completely enclosed building. Ms. Powell and Ms. Madden have submitted a
written request to review Section 31, Light Industrial, to allow kennels with indoor and outdoor
runs. Attached for your review are copies of the letters and sound study submitted by Ms.
Powell and Ms. Madden. Also for your review is a copy of Section 31, Light Industrial.
Section 26, Highway Commercial - Building trade contractor
Mr. Ramon Urreta of Specialized Roofing, Inc., went before the Board of Zoning Adjustment
on February 7, 1994, to appeal Staff s interpretation of the Highway Commercial District. Mr.
Urreta submitted in writing his proposed use at 110 North Scribner Street (see the attached
letter). Staff reviewed his proposed use and determined he was a building trade contractor.
According to the Highway Commercial District there are two tiers of uses permitted; those
properties with frontage on a State Highway and those properties with access to and frontage on
a street other than a State Highway. The property located at 110 North Scribner Street has no
0AZCU\WSMM13.94 1
access or frontage to a State Highway and is therefore limited to the uses listed in Section
26.D.3. Section 26.D.3. does not list a building trade contractor under principal uses or
conditional uses and, therefore, is not allowed. Section 26.C.2. lists a building trade contractor
as a conditional use if the property fronts on a State Highway.
Staff explained to the Board that the Planning and Zoning Commission reviewed the Highway
Commercial District in 1986 and at that time purposely did not list a building trade contractor
as a use to be allowed, if the property did not have access to or frontage on a State Highway.
The Board of Zoning Adjustment agreed with Staff's interpretation that the Highway Commercial
District would not allow a building trade contractor to locate at 110 North Scribner Street. The
Board of Zoning Adjustment asked Staff to request the Planning and Zoning Commission review
the principal and conditional uses of the Highway Commercial District and consider defining a
building trade contractor with indoor or outdoor storage. Currently, the Zoning Ordinance does
not define a building trade contractor.
Attached for your review are copies of letters sent by Mr. Urreta, Staff memos, draft Board of
Zoning Adjustment Minutes on Interpretation Case #I94 -01 and Section 26, Highway
Commercial.
1993 Northwest Annexation Area Land Use Study
Staff will have available the new topographic maps and existing land use maps available for
initial review by the Planning and Zoning Commission. After reviewing the existing land use
maps and topographic maps, Staff would like to create an outline of where the Planning and
Zoning Commission would like to go with this study and when public hearings would be
scheduled for citizen input.
0: \ZCU\WSMM13.94 2
AAA Kennel, Inc.
3316 Glade Road
Colleyville, TX 76034
2/11/94
Planning and Zoning Commission:
We represent AAA Kennel, Inc. that is currently doing business in the city of
Colleyville. AAA Kennel has been doing business at the same location since it was
established in 1961 and has earned an excellent reputation. Unfortunately, we are
currently looking for a suitable site on which to relocate the business. This relocation
we feel is eminent due to the encroaching housing developments in our vicinity and to
the City of Colleyville's seeming unwillingness to set measurable standards, such as
decibel levels or operating procedures, for us to follow. We would like to be able to
relocate within the City of Grapevine. Grapevine is very close to our current location
and it would continue to provide easy access for our patrons and to DFW airport.
After speaking with Tommy Hardy we learned that kennels are permitted to be built
in commercial zoning but not in light industrial. Mr. Hardy also expressed that noise
and odors have been two major concerns when dealing with kennels in the past. On
the basis of our years of experience we believe that if a kennel is allowed to be built in
a light industrial area that these problems would be greatly reduced if not eliminated.
In support of this we have enclosed a copy of a sound study performed on our current
site that shows the decibel levels produced at the kennel and how they compare to
surrounding sounds. These decibel levels would most likely conform to decibel levels
found in light industrial areas. We have enclosed a statement from the USDA
inspector regarding the issue of odors at our indoor /outdoor type of facility. An
indoor /outdoor facility provides the animals with the healthiest environment and the
natural disinfecting qualities of the sun coupled with strict cleaning routines keep
odors under control as well.
We would like your consideration to be able to build an indoor /outdoor facility close
to the airport and to be able to continue our family business in much the same
manner as we do at present. Our current operation provides a climate controlled
indoor area and a separate outside area in which the dogs are exercised for scheduled
periods during the day and evening. This arrangement provides the healthiest
environment for them and reduces the continuous sound. In addition to boarding we
provide grooming and training services as well as a small amount of retail goods. The
existing facility has 89 indoor /outdoor runs. We would like to be able to expand to
approximately 150 to 200 runs at either the time of relocation or within a two year
period. We are a USDA approved Intermediate Handler and used exclusively by
American Airlines, as we have been for the past six years,to pick up and board
overnight and then return animals that are unable to be on their scheduled flights.
AAA Kennel would like to be a part of Grapevine's future and we believe that we can
be an asset to the city by providing the highest quality of animal care to the citizens of
Grapevine and surrounding communities. Our long established business has a
dedicated clientele and an excellent reputation. The kennel has been family run since
its inception and is a great source of pride for our family. We can assure you that our
high standards will continue and we hope that we can be a source of pride for
Grapevine as well.
We appreciate your consideration of our request and welcome any of you to contact
us with your questions. Each of you is also welcome to visit our facility at your
convenience. We hope to develop a fine working relationship between AAA Kennel,
Inc. and the City of Grapevine.
Sincerely,
R--ECEIVED
JAN 2'1994
PLANNING
Noise Assessment of
AAJ► KENNELS
Colleyville, Texas
Prepared By.
Christopher Sowden, P.E.
Pelton Marsh Kinsella
7950 1= lmbrook Drive
Suite 100
Dallas, Texas 75247
(214) 688 -7444
May 26, 1993
TABLE OF CONTENTS
INTRODUCTION
CRITERIA
NOISE MEASUREMENTS
NOISE MITIGATION PROCEDURES
CONCLUSIONS
EcElVer
'j /I jV 1994
PLAIVIVING
INTRODUCTION
ii
Pelton Marsh Kinsella, a Division of Carter & Burgess, Inc. has evaluated the environmental impact of kennel
activity at AAA Kennels located on plot 2, lot 1, 4501 Glade Road in Colleyville, Texas. The property is
located approximately 3/4 mile west bf highway 121 in Colleyville, Texas. The property is registered
agricultural with special permits and is bounded by residential properties on the north bounding property
line, a single residence on the east bounding property line, an open field on the west bounding property line,
and Glade Road on the south bounding property line.
AAA Kennels and Gary L. Cantrell retained the services of Pelton Marsh Kinsella to evaluate the
environmental impact of the kennel and dogs housed at the kennel on the adjacent properties. PMK's
objective is to determine what impact the kennel noise has on the surrounding properties, and provide
recommendations for acoustical mitigation to reduce the sound levels generated by the animals.
CRITERIA
The criteria is the maximum allowable noise level that is appropriate for a specific activity or land use.
The noise ordinance of the City of Colleyville is a Nuisance Ordinance that provide no criteria for acceptable
noise levels generated on a property. A nuisance ordinance provides no specific limits on noise levels
generated at the bounding property line. Studies of the City of Dallas and City of Garland noise ordinances
indicates that each of these municipalities require that the maximum permissible levels be reduced to 56 dBA
at the bounding property line. These levels are measurable using standard noise monitoring equipment, and
have been used as a criteria for this report.
PMK was to provide information to AAA Kennels and Gary L. Cantrell to assist them in determining the
acceptable noise level at the properties. Acceptability is a relative judgement that is different for each
individual. For instance, one individual may require the total absence of animal noise, while another would
allow audibility with a limited loudness.
The City of Dallas as well as other municipalities utilize ordinances with nimerical standards which have
been promulgated by the Environmental Protection Agency for over 20 years to avoid the subjectivity of
nuisance ordinances. It is the opinion of Pelton Marsh Kinsella that an average level of 56 dBA provides an
acceptable limit for audible animal noises that does not offend the sensitivity of the "average" population.
MEASUREMENTS
A series of measurements were taken on March 23 and 24, 1993 to determine the average noise levels at
the project and determine the impact of the kennel animals on that noise level. Long -term 24 -hour
measurements were taken at positions shown in Figure 1.
During the tests, there were a large number of concrete trucks servicing a construction project on the
eastern property adjacent to AAA Kennels. The noise impact of these trucks increased the ambient noise
measured between 5:30 a.m. and 11:00 a.m. on Tuesday, March 24, 1993. Other construction noises
provided reduced impact on the noise levels measured at the four microphone positions. Microphone
position #1 ambient noise measurements were increased by approximately 3 dBA due to the construction
noises.
Microphone position #1 is the closest position to the kennels. The arrangement of the kennels allows more
animals to be exposed to the eastern property line than any of the other bounding property lines. The edge
of the kennel runs varies from 20' to 26' from the eastern bounding property line. This close proximity and
number of animals provides greater noise impact to the eastern bounding property line than the other three.
Microphone position #2 was placed as far north as possible without entering the standing water. The
property extends to the other side of the standing water, but there was no access to that position from the
properties accessible for the tests. The noise levels were not of concern at this measurement position due
to the fences around the northern -most kennel runs, and the distance of this measurement position from
the runs. The levels at the northern bounding property line will be lower than those measured at this
position.
Microphone position #3 was located on the western -most property line at a position in line with the west-
facing kennel runs.
Microphone position #4 was located on the southern -most property line at Glade Road. The levels
measured at this position were caused mainly by traffic noise. The kennel noise was not observed as a
noise source at this position.
Figure 2 provides a spectrum of the sound level occurring at microphone position #1 with the animal noise
predominantly shown on the graph. This chart shows three minutes of the most active animal activity which
was at 3:47 p.m. on March 24, 1993. This three minute time interval generated an average level of 65 dBA
which should be attenuated 9 dBA to meet the criteria.
An additional set of measurements were taken at each of the four microphone positions to confirm the
impact of animal noises on each property line. I had requested that all animals be placed outside the
kennels into their runs so that maximum sound would be generated by the animals during this measurement
time. Only 48 of the 88 animal spaces were populated with animals. Increasing the quantity of animals to
full capacity would impact the east bounding property noise level by approximately 3 dBA.
The results of these average noise measurements are as follows:
1. Microphone Position 1: 64.4
2. Microphone Position 2: 50.0
3. Microphone Position 3: 52.0
4. Microphone Position 4: 65.9
5. Microphone Position 5: 56.3
From these measurements it was determined that the maximum level of the animals occurred on the eastern
bounding property line.
NOISE MITIGATION PROCEDURES
The measurements at AAA Kennels indicates that a noise reduction of 9 (1BA is required to comply with the
criteria. An additional noise reduction of 6 dBA is recommended to fur :her reduce the noise with greater
animal populations at the kennel and the relatively sensitive nature of adjacent property owners. Based on
the property topographies, a seamless wall construction may be constructed to provide approximately 15
dBA of attenuation, which will provide acceptable results. Further studies of the properties shows that noise
levels at the bounding property line meeting the criteria will result in noise levels within the criteria at all other
locations on the adjacent properties.
We recommend the construction of a seamless wall located approximately 4 feet from the kennel runs. This
wall may be constructed of wood, concrete block or other materials to provide a seamless barrier between
the kennel runs and the bounding property lines. This wall should be 8 feet in height and run the complete
perimeter of the runs. Refer to Figure 3 for recommended locations of this wall.
The construction of a wall will tend to reduce the animal noise caused by agitation of the animals from water
fowl that reside in the adjacent stream and ponds. The amount of this reduction is not measurable, and
therefore has not been considered in the noise reduction estimates.
The animals are rotated outside to the runs for cleaning of the bedding, and recreation. A more structured
schedule for rotating a smaller quantity of animals outside at a time will reduce the noise created by these
animals. The amount of this reduction is not measurable, and therefore has not been considered in the
noise reduction estimates.
Additional noise reduction beyond the proposed recommendations abcve requires the construction of a
fence higher than that recommended. This will provide less than 2 dBA reduction with the fence height
increased to 10 feet. Noise reduction greater than the fencing will requir3 a complete closure of the runs.
CONCLUSION
The measurements of kennel noise at AAA Kennels is not within the reported criteria. The levels measured
have caused complaints by those property owners adjacent to the kennel. The noise levels generated at
the kennel may be reduced sufficiently by the construction of noise ban iers adjacent to the kennel runs.
This concludes the noise assessment of AAA Kennels in Colleyville, Texas.
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United States Animal and Regulatory South Central Sector
g� Department of Plant Health Enforcement P.O. Box 6258
Agriculture Inspection and Animal Ft. Worth, TX 76115-6258
Service Care
February 16, 1994
Planning & Zoning Commission
City of Grapevine
To Whom It May Concern:
I am Writing this letter on behalf of AAA Kennel, Inc. of Colleyviile,
Texas. I have had the pleasure of knowing Marie Powell and Bridget
Dunigan for the past three years. I have served as their Animal Care
Veterinarian inspecting their facility at least twice annually during
this time period. These inspections, I may add, are always unnannounced
and at irregular intervals. In this manner I am able to determine
complaince with the Animal Welfare Act which deals primarily with the
care and husbandry of the animals held on behalf of the airlines.
AAA Kennel, Inc. has one of the finest facilities and staff of all
the kennels which I visit in north Texas. It has always been extremely
clean with care of the animals their first priority. I have been aware
of their efforts to locate a new site and hope you will give their
application top consideration as they provide a necessary service in
their community and the airlines at DFW. AAA Kennels has also been the
long time caretakers of the animals owned by U.S. Customs and P.P.Q.
If you have any further questions, please feel free to contact me at
1- 703 -812 -6594.
Sincerely,
Jeanne Kjos, D. .M.
Veterinary Medical Officer
APHIS - Protecting American Agriculture
Section 31. LI Light Industrial District
PURPOSE: The LI Light Industrial District is designed to accommodate light
manufacturing, assembly, research and wholesale activities with limitations on
outdoor storage.
A. PERMITTED USES: No land shall be used and no building or structure or
part thereof, shall be erected, altered, or used, in whole or in part, for other
than one or more of the following specified uses:
1. Manufacturing, assembly or packaging of products from previous
prepared materials, such as cloth, plastic, paper, leather, precious or
semiprecious metals or stones.
2. Manufacture of electric and electronic instruments and devices, such
as televisions, radio and phonograph equipment.
3. Manufacture of food products, pharmaceuticals and the like, except
that such uses shall not include production of fish, or meat products,
sauerkraut, vinegar or the like or the rendering or refining of fats and
oils.
4. Other manufacturing, research, wholesale or storage uses provided
that such uses shall be contained within an enclosed building.
5. Printing, lithographing, publishing or similar establishments.
6. Retail and repair establishments for sale and repair of new and used
automobiles, motorcycles, trucks and tractors, mobile homes, boats,
automotive vehicular parts and accessories, heavy machinery and
equipment, farm equipment, retail establishments for sale of farm
supplies, lumber and building supplies, monuments, and similar uses.
7. Food processing (except for slaughter houses), including packaging
and food and dairy markets in fully enclosed buildings.
101993 1 Section 31
8. Service establishments catering to commerce and industry including
linen supply, freight movers, communication services, business
machine services, canteen services, restaurants (including drive -in
restaurants), hiring and union halls, employment agency, sign
company, automotive service and truck stops, and similar uses.
9. Vocational, trade, technical, or industrial schools and similar
activities.
10. Medical clinic in connection only with industrial activity.
11. Miscellaneous uses such as express office, telephone exchange,
commercial parking lots and parking garages, motor bus, truck, train,
or other transportation terminal and related uses.
12. Construction trade office and storage yards.
13. Warehousing completely within an enclosed building.
14. Offices associated with any of the above permitted uses.
15. Welding repair completely within an enclosed building with no
outside storage.
B. ACCESSORY USES: The following uses shall be permitted as accessory
uses elsewhere than within a front yard and no nearer than thirty (30) feet
to any street right -of -way:
1. Mechanical equipment no nearer than one hundred twenty (120) feet
to any residentially zoned district.
2. Provisions for parking of employee and customer motor vehicles
within sixty (60) feet of a residentially zoned district shall be
separated from said lot by a blind fence or wall not less than six (6)
feet high.
3. Screened refuse and garbage storage on a concrete pad, no nearer
than fifty (50) feet to a residentially zoned district.
101993 2 Section 31
4. Outside storage, provided that such storage shall be completely
encompassed by a blind fence or wall at least seven (7) feet high and
provided that materials stored shall be stacked no higher than one foot
below the top of the fence or wall. No accessory outside storage is
permitted for uses listed In Section 31.A.4., 7., 13., and 15.
5. Other uses, including retail sales, and structures which are
customarily accessory and clearly incidental and subordinate to the
permitted principal uses and structures; provided, however, that no
residential facilities shall be permitted except for watchmen or
caretakers whose work requires residence on the premises or for
employees who will be temporarily quartered on the premises.
6. Bulk storage of flammable liquids associated with a permitted use,
subject to the provisions of City and /or State Fire Codes.
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 pursuant to Section 48 of this Ordinance.
1. Freight forwarding warehouses.
2. Bulk storage of flammable liquids not associated with a permitted use,
subject to the provisions of City and /or State Fire Codes.
3. Railroad yards, areas for car storage, and switching facilities.
4. Aviation ground schools.
5. Central mixing plants for asphalt, concrete, or other paving materials
(batching plant).
6. Automobile Impound. 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. All required screening
shall be in accordance with Section 50, Alternatives A or E.
101993 3 Section 31
N
7. Convenience stores, including prepared food carry -out service with
alcoholic beverage sales for off - premises consumption of beer only,
provided a special permit is issued in accordance with Section 42.B
of the Ordinance.
8. Public institutions and nonprofit institutions of any educational,
religious or cultural type, but excluding corrective institutions and
hospitals.
9. Any other manufacturing, warehousing, or wholesale uses, not
provided for in Section 31.A. Permitted Uses, Section 31.0
Conditional Uses, and not listed in Section 31.D., Limitation of Uses.
LIMITATION OF USES: The following uses shall not be permitted within
this District:
1. Dwelling units (including motels and hotels) except as provided under
accessory uses; hospital or clinics (except clinic in connection with
industrial activity); nursing home and similar uses; private or public
elementary or high schools; churches; yards or lots for scrap or
salvage operations or for processing, storage, display or sale of any
scrap, salvage, or secondhand building materials and automotive
vehicle parts.
/1
3.
4.
5.
6.
7.
8.
Wrecking yards (including automotive vehicle wrecking yards) and
junk yards.
Chemical and fertilizer manufacture.
Explosives manufacturing or storage.
Paper and pulp manufacture.
Petroleum refining.
Stockyards or feeding pens.
Slaughter of animals.
101993 4 Section 31
Specialized Roofing, Inc.
1 -17 -94
MARCY RATCLIFF
CITY OF GRAPEVINE
P.O. BOX 95104
GRAPEVINE, TX 76099
=a�L
JAN 1 7 !q9-
i
IN REFERENCE TO OUR CONVERSATION ON FRIDAY, JANUARY 14, 1994
REGARDING THE PURCHASE AND INTENDED USAGE OF THE
OFFICE /WAREHOUSE LOCATED AT 110 SCRIBNER, GRAPEVINE, TX IS
AS FOLLOWS:
I. OFFICE USE
A. CLERICAL AND SALES
2. WAREHOUSE USE
A. INVENTORY
1. NAILS AND STAPLES
2. METAL EDGE PRODUCTS
3. ROOFING VENTS
B. LADDERS
C. ROOFING EQUIPMENT
D. TEMPORARY STORAGE FOR RESIDUAL MATERIAL FROM
CURRENTLY COMPLETED JOBS.
3. PARKING USES
A. TRUCKS
B. TRAILER
4. FUTURE IMPROVEMENTS TO THE PROPERTY MAY INCLUDE:
A. FENCE PARKING AREA ON THE RIGHT SIDE OF BUILDING
WITH CHAIN LINK PRIVACY FENCING.
THANK YOU IN ADVANCE FOR YOUR ASSISTANCE IN RESOLVING THIS
MATTER AS SOON AS POSSIBLE. IF YOU HAVE ANY QUESTIONS
PLEASE DO NOT HESITATE TO CALL 481 -4365 OF 481 -2116.
SI RELY,
R MON URRETA
SPECIALIZED ROOFING, INC.
P.O. BOX 966
GRAPEVINE, TX 76099
422 S. Barton 0 P.O. Box 966 0 Grapevine, TX 76051 0 817 -481 -2116
A Future With A Past
GRAPEVINE January 26, 1994
Ramon Urreta
Specialized Roofing, Inc.
P.O. Box 966
Grapevine, Texas 76051
RE: Zoning Interpretation of 110 North Scribner
Dear Mr. Urreta,
I have reviewed your interpretation request to allow the occupancy for a building trades
contractor use with storage yard for materials and equipment within a completely enclosed
building at 110 North Scribner Street. The property at 110 North Scribner Street is zoned "HC"
Highway Commercial. The Highway Commercial District has strict limitations of the types of
uses allowed, if the property does not have access to and frontage on a State Highway. The
property at 110 North Scribner only has access and frontage on North Scribner. Therefore the
uses allowed are limited to those uses listed in Section 26.D.3.a. and Section 26.D.3.b. A
building trades contractor is not listed as a permitted use or as a conditional use in Section
26.D.3. and would not be permitted a Certificate of Occupancy.
Building trade contractors are allowed as a conditional use, if you have frontage on a State
Highway. A conditional use permit is required to have a zoning hearing to be approved by City
Council. According to the Certificate of Occupancy history of this location there has not been
a similar use in this building and therefore is not grandfathered to allow such use.
If you have further questions, please contact me at 481 -0377.
Sincerely yours,
1 -
Marc Ratcli , Planner
Community Development
cc: Greg Wheeler, Buidding Official
H.T. Hardy, Director of Community Development
O: \BZA \INTURR
THE CITY OF GRAPEVINE
COMMUNITY DEVELOPMENT P.O. Box 95104 • Grapevine, Texas 76099 • Phone Metro 817/481 -0377)
FAX # 817/481 -0369 �.1�/
1 -28 -94
BOARD OF ZONING AND ADJUSTMENT
CITY OF GRAPEVINE
P.O. BOX 95104
GRAPEVINE, TX 76099
RE: INTERPRETING OF ZONING FOR OFFICE /WAREHOUSE AT 110
SCRIBNER, GRAPEVINE, TX
ATTACHED PLEASE FIND A COPY OF A LETTER SENT TO MARCY
RATCLIFF WITH COMMUNITY DEVELOPMENT. AFTER REVIEWING OUR
INTENDED USAGE FOR THE ABOVE MENTIONED PROPERTY MS. RATCLIFF
INFORMED ME THAT WE WOULD NOT BE ABLE TO USE THIS PROPERTY
AS PURPOSED. WE ARE ASKING THE BOARD TO REVIEW OUR INTENDED
USAGE AND GIVE US THEIR OF INTERPRETATION OF THE ZONING LAWS
CONCERNING THIS PROPERTY.
PLEASE NOTE SPECIALIZED ROOFING, INC IS A TURNKEY ROOFING
CONTRACTOR. THE MATERIAL USED ON OUR JOBS ARE DELIVERED
FROM A SUPPLIER TO THE JOB SITE. WE ARE NOT A STOCKING
ROOFING COMPANY.
THANK YOU FOR YOUR HELP IN RESOLVING THIS MATTER. IF YOU
HAVE ANY QUESTIONS PLEASE DO NOT HESITATE TO CALL 481 -4365
OR 481 -2116.
SI C RELY,
AMON URRETA
SPECIALIZED ROOFING, INC.
P.O. BOX 966
GRAPEVINE, TX 76099
BZA MINUTES
2/7/94
Chris Coy moved, with a second by Carl Hecht, to approve the variance requests to
the Grapevine Comprehensive Zoning Ordinance 82 -73 for Lot 1, Block 1, First Baptist
Church Addition addressed as 301 East Texas Street, Grapevine, Texas to allow a ten
foot variance to the required thirty (30) foot front yard setback for the entrance porch
and landing to allow a twenty (20) foot front yard setback; and a fifteen (15) foot
variance for the sanctuary building to exceed the thirty five (35) foot height limitation
to allow a fifty (50) foot building height; and a eighty five (85) variance to allow the
steeple on the building to exceed the thirty five (35) foot height limitation to allow a
one hundred and twenty (120) foot steeple height as shown on the plot plan with the
prevailing vote as follows:
Ayes: Giffin, Howell, Meyer, Coy, Hecht
Nays: None
Absent: Bass
194 -01 - 110 NORTH SCRIBNER
Next for the Board of Adjustment to consider was a request for interpretation of the
Grapevine Comprehensive Zoning Ordinance 82 -73 submitted by Ramon Urreta of
Specialized Roofing, Inc. to locate at 110 North Scribner Street which is zoned "HC"
Highway Commercial.
Marcy Ratcliff, City Planner, explained the Highway Commercial District has two tiers
of uses permitted; properties with frontage on a State Highway and properties with
access to and frontage on a street other than a State Highway. The property at 110
North Scribner Street only has access to and frontage on North Scribner Street and
has no access to Northwest Highway. Mr. Urreta is a roofing contractor which staff
considers a building trade contractor. Because building trade contractors are not listed
as a principal use or as a conditional use in Section 26.D.3., he was not denied a
Certificate of Occupancy by the Building Official.
Marcy Ratcliff explained to the Board that Mr. Urreta was appealing Staff's
interpretation of the Highway Commercial District to allow his use.
During discussions the Board discussed the definition of a building trade contractor
which included indoor or outdoor storage of building materials. Councilman Gil
Traverse suggested that the Planning and Zoning Commission should review the
permitted and accessory uses of the Highway Commercial District and make a
recommendation to the City Council.
5
_DroJf
BZA MINUTES
2/7/94
Ery Meyer moved, with a second by Chris Coy, the Board of Zoning Adjustment was
in agreement with Staff's interpretation of the Highway Commercial Zoning District
as currently adopted and further, the Board of Zoning Adjustment requests the
Planning and Zoning Commission consider defining the term -building trade contractor
and review the Highway Commercial Zoning District for permitted and conditional
uses, which prevailed by the following vote:
Ayes: Giffin, Howell, Meyer, Coy, Hecht
Nays: None
Absent: Bass
BOARD OF ZONING ADJUSTMENT MINUTES - JANUARY 3, 1994
Next for the Board of Adjustment to consider were the minutes of the January 3,
1994 meeting.
Ery Meyer moved, with a second by Chris Coy,. to approve the minutes of January 3,
1994. The vote prevailed as follows:
Ayes: Giffin, Howell, Meyer, Coy, Hecht
Nays: None
Absent: Bass
MISCELLANEOUS
Marcy Ratcliff informed the Board reappointment of Board of Zoning Adjustment
members would occur in June, 1994. Terms would expire for Chairman Chuck Giffin,
members Patti Bass, Chris Coy and Ery Meyer at that time. The City Secretary would
be sending applications for the 1994 -96 terms in April should they wish to apply.
She also told the Board that Lori Shelton has been hired to replace the Community
Development clerk's position formerly held by Carol Baron and FYI packets would
again be sent to them beginning in March.
ADJOURNMENT
With no further discussion, Chris Coy made a motion to adjourn. Ery Meyer seconded
the motion which prevailed by the following vote:
0
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.
1. Any use permitted in the CC Community Commercial District, except
that there shall be no limitation size of planned shopping centers or
total floor area.
2. Auction sale, new or used goods located within a completely enclosed
building.
3. Retail sales of building materials within a completely enclosed
building.
4. Plumbing supply within a completely enclosed building.
5. Public utilities as required to serve the district.
6. Automobile washing business: automatic, coin - operated or moving
line wash.
7. Automotive sales, and service, new or used cars and 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.
092193 1 Section 26
8. Outdoor commercial amusements such as golf driving ranges,
miniature golf, archery.
9. Restaurants, including drive -in and drive - through restaurants.
10. Gasoline service station.
11. Feed and grain sales within a completely enclosed building.
12. Boat and marine sales and /or service.
13. Camper sales and camper trailer sales and service, lease and rental.
14. Furniture or appliances, new and used within a completely enclosed
building.
15. Mortuary and funeral homes.
16. Nursery or greenhouses.
17. Job printing or newspaper establishments.
18. Upholstery shops.
19. Retail sales, other than those listed above, business services and
merchandise displayed within a completely enclosed building.
20. 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.B.
21. Automotive Rental.
22. Pawn Shops.
092193 2 Section 26
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:
1. Accessory uses permitted in the CN and CC Commercial Districts.
2. Mechanical equipment no nearer than one hundred twenty (120) feet
to any residentially zoned district.
3. Screened garbage storage, on a concrete pad no nearer than fifty (50)
feet to any residentially zoned district.
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.
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.
1. Commercial off - street parking lots for passenger vehicles less than
one ton carrying capacity.
2. Building trades contractor with storage yard for materials and
equipment within a completely enclosed building.
3. Retail sales of building materials displayed in an unenclosed or
incompletely enclosed area with outside storage.
092193 3 Section 26
4. Sale and rental of heavy machinery and equipment.
5. Home equipment rental.
6. Commercial laundry and dry cleaning establishments.
7. Mobile home sales, storage, lease and repair.
8. Alcoholic beverage sales provided a special permit is issued in
accordance with Section 42.13. of this Ordinance.
9. Public or private storage garages, including mini storage warehouses.
10. Truck and trailer rental.
11. Swimming pool and spa sales.
12. Restaurant with outside dining.
13. Planned Commercial Centers.
14. 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.
D. LIMITATION OF USES:
1. 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 except as provided
in Section D.3.
092193 4 Section 26
(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.D, 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 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:
(a) Principal Uses:
1. Plumbing supply with a completely enclosed building.
2. Public utilities as required to serve the district.
3. Automobile washing business; automatic, coin - operated
or moving line wash.
4. Restaurants, including drive -in and drive - through
restaurants.
5. Feed and grain sales within a completely enclosed
building.
6. Furniture or appliances, new and used within a
completely enclosed building.
7. Mortuary and funeral homes.
8. Nursery or greenhouses.
9. Job printing or newspaper establishments.
10. Upholstery shops.
092193 5 Section 26
E.
F.
11. Retail sales, other than those listed above, business
services and merchandise displayed within a completely
enclosed building.
(b) Conditional Use
1. Commercial off - street parking lots for passenger vehicles
less than one ton carrying capacity.
2. Alcoholic beverage sales provided a Special Permit is
issued in accordance with Section 42.B. of this
Ordinance.
3. Public or private storage garages, including mini storage
warehouses.
4. Restaurant with outside dining.
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.
DENSITY REQUIREMENTS: The following bulk and intensity of use
requirements shall apply:
1.
MAXIMUM DENSITY: the maximum density within an HC District
shall not exceed a floor area ratio of 1.0.
092193 6 Section 26