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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. M—Y MEADOWS AC)C)I-TiC I-; Rer. - Vol 3FSB -702 R)T, HUN-T,NGTON C)Rl\./E: - I LL9YVIL'-E, Tx 76034 LC T BLOCK 0 PL E ASAN-r ACRES S Rm n Vol _z388' jSb.Rf 78 co W/ IL 0: ITV/ I Z' 4 NN E. v Jt.i,t, Esmt Acs .; ri'l scale: /00, '40�- buildnc3 Ii rhe 31-aPh1c' sca/e 1 40' for \rc)ad -ujd(jn, —00, w i GLADE ROAD Vi COMBINA� AN ADDITION THIS PLAT IS PILED 5.76(b ar_ =j "D GAR) CANTrFL-- r-EA C D— JT-i Es,, C74 313 CHAPEL CP N 89.0 5b' 40' E BLOC- I I 7i• C-OLL-FYVILLE.TY 7b()34 C1 GAIL 32,� T L07 ZR rn, o Rc- In Vol 'Ercic. PC 804 GECRoAN PLANTAMCN -L2 ep5 ESTATES ADDITION Pec in Vo; 366 tie Pq 35 o- tg' Dra%maqa i5 E5, ZoneC Lot Z V. S C)01 0' w 182 o- - I LL9YVIL'-E, Tx 76034 LC T BLOCK 0 PL E ASAN-r ACRES S Rm n Vol _z388' jSb.Rf 78 co W/ IL 0: ITV/ I Z' 4 NN E. v Jt.i,t, Esmt Acs .; ri'l scale: /00, '40�- buildnc3 Ii rhe 31-aPh1c' sca/e 1 40' for \rc)ad -ujd(jn, —00, w i GLADE ROAD Vi COMBINA� AN ADDITION THIS PLAT IS PILED 5.76(b ar_ =j g GAR) CANTrFL-- C74 313 CHAPEL CP I I s C-OLL-FYVILLE.TY 7b()34 C1 GAIL 32,� OWELL M-IN7(RE G Rc- In Vol 'Ercic. PC 804 - I LL9YVIL'-E, Tx 76034 LC T BLOCK 0 PL E ASAN-r ACRES S Rm n Vol _z388' jSb.Rf 78 co W/ IL 0: ITV/ I Z' 4 NN E. v Jt.i,t, Esmt Acs .; ri'l scale: /00, '40�- buildnc3 Ii rhe 31-aPh1c' sca/e 1 40' for \rc)ad -ujd(jn, —00, w i GLADE ROAD Vi COMBINA� AN ADDITION THIS PLAT IS PILED CIS C71 1-7, --1- LLj LLj LLj LJ LLi ci, f 1. .4 LLIZI IZI I— cc., �.zl -.4 I:z a co : )U7 '4 ✓, 0 OI .GO QJ C, Ln Irl LZ I.- <r C3 CZ.Z zt Fpx MEAC)(DIA,S ADDITION HUN7.,'.4GTON DRi\/C: 5'_ GLADE ROAD- -THIS PLAT IS FILED it E, 7 :�-- E,)t,i E,IT GAR) CANTRE,-- E-Oc" N B90 40* E - 315 CJ-iAPELWC)OD jR COLLEYVILLE-.7X -7roc,34 Ln t 3309 _anc. RROAD Tx 76(D34 0 raCGLL . -C7 P (7F L-0 : BLOCK 0 L ASA N-T ACRES P�c VOI 368 - l5b. r�, 7E U) GEOKJAN PLANTATiC^, ESTATES ADDMON Jn ✓O, 366-2'8 Pq 35 b 7 rl, �- J i L 7 -E-- Is ZOnCC V) ffflll"' 11� V Lot 2 CI sca/2:/"= /00, S w 182 5, Blc-- I Ell ,9/-aph/c Scah? /* 40'1 bWdin 9 Cr 40' aed' C-t-4,,,rokd Ic 5 90', C>()' GLADE ROAD- -THIS PLAT IS FILED it CD ac =I O GAR) CANTRE,-- 315 CJ-iAPELWC)OD jR COLLEYVILLE-.7X -7roc,34 4(-A"ELL- Mc;INTYRE t 3309 _anc. RROAD Tx 76(D34 0 raCGLL . Par- In va! E,'.19. P (7F L-0 : BLOCK 0 L ASA N-T ACRES P�c VOI 368 - l5b. r�, 7E U) 7 rl, �- J i L 7 V) ffflll"' 11� , CO M BI N Al sca/2:/"= /00, ! ,9/-aph/c Scah? /* 40'1 bWdin 9 AN ADDITION 40' aed' C-t-4,,,rokd Ic 5 90', C>()' r+- GLADE ROAD- -THIS PLAT IS FILED it 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