HomeMy WebLinkAbout2001-09-25AGENDA
CITY OF GRAPEVINE
SECOND TRI -ANNUAL PLANNING AND ZONING COMMISSION WORKSHOP
TUESDAY, SEPTEMBER 25, 2001 AT 6:00 P.M.
CITY COUNCIL CONFERENCE ROOM
SECOND FLOOR - CITY HALL
200 SOUTH MAIN STREET, GRAPEVINE, TEXAS
CALL TO ORDER
NEW BUSINESS
A. Planning and Zoning Commission to discuss amendments to Section 60, Sign Standards
relative to adding corporate flags to the list of flags that are exempt from the
requirements of the sign ordinance and take any action necessary.
B. Planning and Zoning Commission to discuss amendments to Section 24, Neighborhood
Commercial District, Section 25, Community Commercial District, Section 26, Highway
Commercial District, Section 27, Professional Office District, Section 29, Hotel/Corporate
Office District and Section 32, Business Park District, relative to requiring that all banks
with drive-through windows are allowed only upon approval of a conditional use permit
and take any action necessary.
C. Planning and Zoning Commission to discuss the outside display of merchandise along
South Main Street and take any action necessary.
D. Planning and Zoning Commission to discuss amendments to Section 67, Amendments
relative to fees for conditional/special use applications for previously established planned
commercial centers and take any action necessary.
III. ADJOURNMENT
IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL
ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF DEVELOPMENT SERVICES AT
(817) 410-3155 AT LEAST 24 HOURS IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO
ASSIST YOUR NEEDS.
IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et. seq. ACTS OF THE 1993 TEXAS
LEGISLATURE, THE PLANNING AND ZONING WORKSHOP AGENDA WAS PREPARED AND POSTED ON
THIS THE 23RD DAY OF OCTOBER, 2000 AT 12:00 P.M.
DIRECTOR OF DEVELOPMENT tERVICES
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MEMO TO: PLANNING AND ZONING COMMISSION
FROM: H. T. (TOMMY) HARDY, DIRECTOR DEVELOPMENT SERVICESOI'h
CINDY JACKSON, AICP, PLANNER II 1
MEETING DATE: SEPTEMBER 25, 2001
SUBJECT: AMENDMENT TO SECTION 60, SIGN STANDARDS RELATIVE
TO CORPORATE FLAGS
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission consider the attached
amendment to Section 60, Sign Standards, and take any necessary action.
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.
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September 20, 2001 (4:26PM)
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Section 60. Sign Standards
E. EXEMPTION.
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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 corporation when displayed on private
property and accompanied by both the national flag and the
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
arrow indicating the direction of travel.
(4) The maximum gross surface of the sign cabinet shall be five (5)
square feet.
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041701 12 Section 60
MEMO TO: PLANNING AND ZONING COMMISSION
FROM: H. T. (TOMMY) HARDY, DIRECTOR DEVELOPMENT SERVICES46
CINDY JACKSON, AICP, PLANNER II 0-'r
MEETING DATE: SEPTEMBER 25, 2001
SUBJECT: AMENDMENT TO SECTION 23, LIMITED BUSINESS DISTRICT,
SECTION 24, NEIGHBORHOOD COMMERCIAL DISTRICT,
SECTION 25, COMMUNITY COMMERCIAL DISTRICT,
SECTION 26, HIGHWAY COMMERCIAL DISTRICT, SECTION
27, PROFESSIONAL OFFICE DISTRICT, SECTION 29,
HOTEL/CORPORATE OFFICE DISTRICT AND SECTION 32,
BUSINESS PARK DISTRICT RELATIVE TO FINANCIAL
INSTITUTIONS WITH DRIVE-THROUGH SERVICE
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission consider the attached
amendment to Section 24, Neighborhood Commercial District, Section 25, Community
Commercial District, Section 26, Highway Commercial District, Section 27, Professional
Office District, Section 29, Hotel/Corporate Office District and Section 32, Business Park
District, and take any necessary action.
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 a drive-through,
when located adjacent to a residential neighborhood, might be too intrusive and as such,
should undergo the same scrutiny as other businesses wanting to provide drive-through
service. In response to these concerns, staff has drafted an amendment to Section
24.C, Neighborhood Commercial District, Section 25.C, Community Commercial District,
Section 26.C, Highway Commercial District, Section 27.C, Professional Office District,
Section 29.C, Hotel/Corporate Office District and Section 32.C, Business Park District
requiring all financial institutions that provide drive-through service to obtain a
conditional use permit.
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September 20, 2001 (3:39PM)
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Section 24. C -N Neighborhood Commercial 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
this Ordinance.
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. Financial institutions with drive-through service.
D. LIMITATION ON USES:
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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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Section 24
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Sec. 25. C -C Community Commercial District Regulations
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.
Public storage garages, including mini -storage warehouses for storage
purposes only. Caretaker or watchmen residential facilities having
accommodations for and occupied by only one family may be permitted as
an accessory use to public storage garages or mini -storage warehouses. No
more than three (3) persons unrelated by blood or marriage may occupy the
caretaker or watchmen residential facilities.
2. Wholesale office and business completely within an enclosed building, but
excluding warehouse storage.
3. Commercial parking lots.
4. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42-B of this Ordinance.
5. Any commercial business or service not included in any of the other
commercial districts provided that all such uses shall be completely within an
enclosed building and are not noxious or offensive by reason of the emission
of odor, dust, gas fumes, noise, or vibration and provided that no
warehousing or manufacturing or treatment of products or equipment shall
be permitted, except when such is clearly incidental to the conduct of a
permitted use.
6. Boat sales.
7. Automobile sales and service.
8. Building materials and supplies.
9. Garden supply stores.
10. Sign and sign painting shops.
11. Automobiles washing business; automatic, coin-operated, or moving line
wash. (Requires desirable aesthetics, proper traffic circulation, and adequate
drainage.
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12. Planned Commercial Centers.
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13. 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.
14. Outdoor commercial amusements such as golf driving ranges, miniature golf,
archery.
15. Planned Commercial Centers in excess of 1,000,000 square feet of gross
leasable space. Due to the development nature of planned commercial
centers in excess of 1,000,000 square feet of gross leasable space, it is
recognized that the requirements established in Section 25.F., Section 25.1.,
Section 53.H., Section 53.1., and Section 60 may be difficult to provide. The
Planning and Zoning Commission may recommend and the City Council may
approve a request to establish different amounts and methods than
established in Section 25.F., Section 25.1., Section 53.H., Section 53.1., and
Section 60.
16. Restaurant with outside dining and/or drive through.
17. Hotels and motels. Hotels approved prior to April 18, 2000, shall be deemed
a lawful, permitted use and shall have the same status as that authorized
pursuant to this Ordinance; provided, however, no such building, structure,
or use shall be altered, changed or expanded unless a conditional use permit
therefore has been granted pursuant to this ordinance.
18. Financial institutions with drive-through service.
D. LIMITATION ON USES:
1. Whenever the C -C Community Commercial District is utilized for hotel -motel
office or hospital use, the minimum open space shall be increased to thirty
(30) percent of the total lot area.
2. Vehicular use or storage areas other than required parking associated with
permitted uses such as automobile sales and service, boat sales, building
materials, and supplies shall be visually screened from any adjacent
residential district by a fence, wall or berm at least six (6) feet in height.
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Section 26. HC Highway Commercial District
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. Retail sales of building materials displayed in an unenclosed or incompletely
enclosed area with outside storage.
3. Home equipment rental.
4. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42.13. of this Ordinance.
5. Public or private storage garages, including mini storage warehouses.
6. Swimming pool and spa sales within a completely enclosed building.
7. Restaurant with outside dining and/or drive through.
8. Planned Commercial Centers.
9. 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.
10. New automotive sales, and service, cars and light to medium 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.
11. Automotive rental.
12. Camper sales and camper trailer sales and service, lease and rental within
a completely enclosed building and with outside display.
13. Auction sale, new or used goods located within a completely enclosed
building.
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14. Plumbing supply within a completely enclosed building.
15. Automobile washing business: automatic, coin-operated or moving line
wash.
16. Outdoor commercial amusements such as golf driving ranges, miniature golf,
archery
17. Gasoline service station.
18. Feed and grain sales within a completely enclosed building.
19. Boat and marine sales and/or service with outside display.
20. Job printing or newspaper establishments.
21. Hotels and motels. Hotels approved prior to April 18, 2000, shall be deemed
a lawful, permitted use and shall have the same status as that authorized
pursuant to this Ordinance; provided, however, no such building, structure,
or use shall be altered, changed or expanded unless a conditional use permit
therefore has been granted pursuant to this ordinance.
22. Financial institutions with drive-through service.
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 or Central Avenue except as provided in
Section D.3.
(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
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Section 27. P -O Professional Office District Regulations
C. CONDITIONAL USES:
1. Restaurants, including alcoholic beverage sales provided a special permit is
issued in accordance with Section 42.13. of the Ordinance. Drive-in and
drive-through restaurants shall not be allowed.
2. Funeral homes and mortuaries.
3. Personal Care Facilities.
4. Financial institutions with 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 -O District shall not
exceed a floor area ratio of 1.0.
2. MINIMUM LOT SIZE: The minimum lot size in a P -O 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.)
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Section 29. HCO Hotel and Corporate Office District
C. CONDITIONAL USES: The following conditional uses may be permitted provided
a Conditional Use Permit is issued pursuant to, Section 48 and the following
minimum standards are met:
1. All suite hotels and motels, including kitchen facilities provided that such
facilities shall not be utilized for permanent rentals; the maximum length of
a rental shall not exceed forty-five (45) days and conversion to permanent
rental units is expressly prohibited unless a new conditional use permit is
issued and said conversion meets all requirements of the most comparable
residential zoning district.
2. Educational institutions, public and private.
3. Regional trade center facilities including combined office -showrooms
facilities, office -warehouse facilities and display area, provided that the
following rations of office to other floor area are not exceeded:
a. Office and showrooms: Not more than sixty (60%) percent of total
floor area shall be devoted to showroom space.
b. Office and warehouses: Not more than fifty (50%) percent of total
floor area shall be devoted to warehouse space.
C. Display or exhibit: Not more than seventy-five (75%) percent of total
floor area shall be devoted to display or exhibit space.
4. Hotels and motels having seventy-five (75) or more units, dining rooms, bars,
personal service shops such as beauty and barber shops, newsstands, retail
and offices provided the following minimum standards are met:
a. Serving of a alcoholic beverages shall require a permit in conformance
with Section 48 of this Ordinance.
b. Such uses shall be located in the main building and shall be of a
design and size as to cater primarily to the guests or occupants of the
main use.
C. Access to such conditional uses shall be limited to the interior of the
building and there shall be no direct public access from the exterior
of the building, provided that doors for exit purposes or fire and safety
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09/25/01
purposes may be located in the exterior walls of the building.
d. There shall be no show windows or displays relating to retail stores,
personal service shops or offices on the exterior of the building or
visible from any street or adjacent property.
5. Convenience Stores, including gasoline sales, prepared food carry -out
service with alcoholic beverage sales of off -premise consumption of beer
only, provided a special permit is issued in accordance with Section 42.13 of
the Ordinance.
6. Alcoholic beverages, provided a special permit is issued in accordance with
Section 42.13 of this Ordinance.
7. Planned Commercial Centers.
8. Hotels and motels. Hotels approved prior to April 18, 2000, shall be deemed
a lawful, permitted use and shall have the same status as that authorized
pursuant to this Ordinance; provided, however, no such building, structure,
or use shall be altered, changed or expanded unless a conditional use permit
therefore has been granted pursuant to this ordinance.
9. Financial institutions with drive-through service.
D. LIMITATION OF USES: None specified.
1. A Site Plan shall be required in accordance with the provisions of Section 47
of this Ordinance.
2. A Landscape Plan, in accordance with Section 53 of this Ordinance, shall be
required.
F. DENSITY REQUIREMENTS: The following density requirements shall apply:
1. MAXIMUM DENSITY - The maximum density within the HCO District shall
not exceed a floor area ratio of 3.0.
2. LOT SIZE - Lots for any permitted use shall have a minimum area of two (2)
acres except that planned HCO development on land parcels in excess of
fifty (50) acres may have a minimum lot size of thirty thousand (30,000)
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Section 32. BP Business Park 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. Planned Business Parks in accordance with Section 32.N., Planned
Business Park Provisions.
2. Alcoholic beverage sales, provided a special permit is issued in
accordance with Section 42.13. of the Ordinance.
3. Retail gasoline sales or gasoline service stations and related
convenience store and automated car washes.
4. Restaurants with outside dining.
5. Hotels or motels. Hotels approved prior to April 18, 2000, shall be
deemed a lawful, permitted use and shall have the same status as
that authorized pursuant to this Ordinance; provided, however, no
such building, structure, or use shall be altered, changed or expanded
unless a conditional use permit therefore has been granted pursuant
to this ordinance.
6. Financial institutions with drive-through service.
D. LIMITATION OF USES: The following uses shall not be permitted within this
District.
1. Any proposed use located in the BP Business Park District shall meet
the requirements of Section 55, Performance Standards.
2. Uses listed in Section 31.D., LI Light Industrial District shall not be
permitted within this district.
3. The storage of equipment, materials or vehicles, including abandoned
vehicles, which are not necessary to the uses permitted in this district.
4. Freight forwarding.
E. PLAN REQUIREMENTS: No application for a building permit for construction
of a building or structure shall be approved unless:
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TO: PLANNING AND ZONING COMMISSIONERS
FROM: TOMMY HARDY, DIRECTOR OF DEVELOPMENT SERVICESs
RON STOMBAUGH, PLANNER II ytas
DATE: SEPTEMBER 25, 2001
SUBJECT: OUTSIDE DISPLAY OF MERCHANDISE ALONG SOUTH MAIN
STREET
RECOMMENDATION
Staff recommends the Planning and Zoning Commission review the following
information relative to outside display of merchandise along South Main Street and
consider a course of action, including possible zoning ordinance amendments, to
adequately address this issue. It is Staffs intent to schedule at a later date, a joint
workshop with the Commission and Council to further review recommendations
developed at this workshop.
BACKGROUND INFORMATION
Throughout the year Staff receives requests from merchants in the downtown area
asking to display merchandise outside their storefronts. The area encompassing Main
Street is zoned "CBD" Central Business District; outside display and sales of
merchandise in the "CBD" Central Business District is not permitted therefore said
requests have been denied. It has been suggested however by several merchants in
the downtown area that a tasteful outside display of merchandise could approve
sidewalk appeal and encourage walk-in traffic along Main Street thus allowing
businesses in the area to thrive.
Staff has identified the following points as areas for specific consideration in generating
a policy governing outside display along Main Street:
• Permitted display merchandise/prohibited merchandise
• Established display areas
Display requirements
Enforcement
Permitted display merchandise/prohibited merchandise
Although it would be impractical to develop a complete list of permitted items allowed for
display, a short list of items permitted would provide guidance to those considering
0AZMoutsidedisplay.mem
displaying merchandise outside their storefronts. Suggested permitted items could
include:
• Flowers and plants
• Produce, baked goods, and foods in containers i.e. cans or glass
• Handcrafted products and goods
• Art related items including pottery
• Books
• Clothing on a mannequin or prop
• Other merchandise deemed acceptable by the Main Street Outside Display
Committee
Examples of items prohibited from outside display:
• All mattress, bedding, and furniture related merchandise
• Shoes
• Clothing not on a mannequin/prop i.e. folded clothes
• Any type of vending machine
• Pornography
• Tires and automotive related items
• Live animals
• Any item that may pose a public health hazard i.e. those items that can possible
explode, be excessively flammable etc.
Established display areas
Chapter 20, Streets, Sidewalks and other Public Ways, of the Grapevine Code of
Ordinances provides for a maximum two -foot space for the length of the property line for
merchants to occupy with signs, samples or other articles. It would seem appropriate to
not allow blockage of any entrances/exits from the building which the display is
associated nor allow said displays to encroach onto other businesses storefronts.
Businesses should not be allowed to "transfer" their display area to other merchants.
Display requirements
It is recommended that all items for display should be in good condition with no visible
signs of needed repair and should not be wrapped in plastic or other wrapping
materials. The display of items should not be placed in such a manner as to obscure or
substantially block the view into the store or any existing window displays. Display
devices such as cardboard boxes or fold -up tables should not be allowed. Items should
be displayed on appropriate racks/tables that coordinate with the storefront's fagade.
Display of items should be allowed only during business hours. The securing of
racks/displays outside the business after working hours should not be allowed.
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Enforcement
Staff recommends the establishment of a committee tasked with reviewing applications
for outside display that if approved will be required to be renewed on an annual basis.
This committee, the Main Street Outside Display Committee or something more
appropriately named, could be comprised of the following members:
• Director of Development Services
• Planning and Zoning Commissioner
• Council representative to the Planning and Zoning Commission
• Member of the Historic Preservation Commission
• Member of the Historic Grapevine Downtown Association
An application fully describing the applicant's intent as well as an exhibit showing the
location of the storefront and the layout of the displayed merchandise should be
required. Staff also recommends that an "Indemnification, Release, and Hold Harmless
Agreement" be required releasing the City from any liability for personal injury or
property damage that results from the display of merchandise outside of the applicant's
storefront.
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TO: PLANNING AND ZONING COMMISSIONERS
FROM: TOMMY HARDY, DIRECTOR OF DEVELOPMENT SERVICES
RON STOMBAUGH, PLANNER II W ----
DATE: SEPTEMBER 25, 2001
SUBJECT: AMENDMENT TO SECTION 67, AMENDMENTS RELATIVE TO FEES
FOR CONDITIONAUSPECIAL USE APPLICATIONS FOR
PREVIOUSLY ESTABLISHED PLANNED COMMERCIAL CENTERS
RECOMMENDATION
Staff recommends the Planning and Zoning Commission 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.
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
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described property which shall be calculated as follows: $500.00 for the
first acres 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 Mall as an example, for and interior modification e.g. a floor
plan change in the Mall 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 Mall
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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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 conditionallspecial uses shall be determined as
follows:
For interior modifications relative to established structures
092101 Section 67
DRAFT COPY 09-25-01
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 which shall be calculated as
follows: $500.00 for the first acres 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.
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
092101
0
Section 67
P & Z WORKSHOP MINUTES
SEPTEMBER 25, 2001
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF GRAPEVINE
The Planning and Zoning Commission of the City of Grapevine, Texas met in
Workshop on this the 25th day of September, 2001, in the City Council Conference
Room, 2nd Floor, 200 South Main Street, Grapevine, Texas with the following
members present -to -wit:
Larry Oliver
Roy Stewart
Herb Fry
Chris Coy
Kevin Busbee
Danette Murray
B J Nicholson
Rob Undersander
Bill Bimmermen
Michael Crapp
Chairman
Council Representative
Vice -Chairman
Member
Member
Member
Member
Member
Alternate
Alternate
constituting a quorum, and the following City Staff:
H. T. (Tommy) Hardy
Ron Stombaugh
Cindy Jackson
Michael Hampton
Pamela Huntress
CALL TO ORDER
Director of Development Services
Planner II
Planner II
Planner II
Planning Secretary
Chairman Larry Oliver called the Workshop to order at 6:15 p.m.
A. AMENDMENTS TO SECTION 60 SIGN STANDARDS RELATIVE TO
ADDING CORPORATE FLAGS TO THE LIST OF FLAGS THAT ARE
EXEMPT FROM THE REQUIREMENTS OF THE SIGN ORDINANCE
First for the Commission to consider were amendments to Section 60, Sign
Standards relative to adding corporate flags to the list of flags that are exempt
from the requirements of the sign ordinance.
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
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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.
There was a suggestion that the size limitations be analyzed further such that
no corporate flag be allowed to exceed that of the American flag. It was also
agreed that one flag with the accompanying American flag and State flag
would be allowed per lot. Standard flag etiquette verbage should also be
included. Finally, it was suggested the term "corporate" may need to be
qualified with "business corporate."
The Commission tabled the item for revisions until the following workshop.
Ci' •!i i `
DISTRICT SECTION 25, COMMUNITY COMMERCIAL DISTRICT,
SECTION 26 HIGHWAY COMMERCIAL DISTRICT, SECTION 27,
PROFESSIONAL OFFICE DISTRICT SECTION 29, HOTEL/CORPORATE
OFFICE DISTRICT AND SECTION 32, BUSINESS PARK DISTRICT,
RELATIVE TO REQUIRING THAT ALL BANKS WITH DRIVE-THROUGH
WINDOWS ARE ALLOWED ONLY UPON APPROVAL OF A CONDITIONAL
USE PERMIT
Next for the Commission to consider were the amendments to Section 24,
Neighborhood Commercial District, Section 25, Community Commercial
District, Section 26, Highway Commercial District, Section 27, Professional
Office District, Section 29, Hotel/Corporate Office District and Section 32,
Business Park District, relative to requiring that all banks with drive-through
windows are allowed only upon approval of a conditional use permit.
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 a drive-through, when located adjacent to a residential
neighborhood, might be too intrusive and as such, should undergo the same
scrutiny as other businesses wanting to provide drive-through service. In
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P & Z WORKSHOP MINUTES
SEPTEMBER 25, 2001
response to these concerns, staff has drafted an amendment to Section 24.C,
Neighborhood Commercial District, Section 25.C, Community Commercial
District, Section 26.C, Highway Commercial District, Section 27.C,
Professional Office District, Section 29.C, Hotel/Corporate Office District and
Section 32.C, Business Park District requiring all financial institutions that
provide drive-through service to obtain a conditional use permit.
There was discussion regarding drive-through cases considered with this
change to be limited to include only financial institutions. It was determined
that any use related to a drive-through service would be included in the
amendment wording. Also discussed were issues regarding districts not
affected by the proposed change. After consideration, the Commission
decided to only include "LB" Limited Business District, "CN" Neighborhood
Commercial District, and "PO" Professional Office Districts.
With these changes, Kevin Busbee moved, with a second by Herb Fry, to
enact a public hearing regarding the amendments to Section 24,
Neighborhood Commercial District, Section 23, Limited Business District, and
Section 27, Professional Office District. The motion prevailed by the following
vote:
Ayes: Oliver, Fry, Coy, Busbee, Murray, Nicholson, and Undersander,
Nays: None
C. OUTSIDE DISPLAY OF MERCHANDISE ALONG SOUTH MAIN STREET
Next for the Commission to consider was outside display of merchandise
along South Main Street. Throughout the year Staff receives requests from
merchants in the downtown area asking to display merchandise outside their
storefronts. The area encompassing Main Street is zoned "CBD" Central
Business District; outside display and sales of merchandise in the "CBD"
Central Business District is not permitted therefore said requests have been
denied. It has been suggested by several merchants in the downtown area,
that a tasteful outside display of merchandise could improve sidewalk appeal
and encourage walk-in traffic along Main Street thus allowing businesses in
the area to thrive.
Staff has identified the following points as areas for specific consideration in
generating a policy governing outside display along Main Street:
• Permitted display merchandise/prohibited merchandise
• Established display areas
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• Display requirements
• Enforcement
Permitted display merchandise/prohibited merchandise
Although it would be impractical to develop a complete list of permitted items
allowed for display, a short list of items permitted would provide guidance to
those considering displaying merchandise outside their storefronts.
Suggested permitted items could include:
• Flowers and plants
• Produce, baked goods, and foods in containers i.e. cans or glass
• Handcrafted products and goods
• Art related items including pottery
• Books
• Clothing on a mannequin or prop
• Other merchandise deemed acceptable by the Main Street Outside
Display Committee
Examples of items prohibited from outside display:
• All mattress, bedding, and furniture related merchandise
• Shoes
• Clothing not on a mannequin/prop i.e. folded clothes
• Any type of vending machine
• Pornography
• Tires and automotive related items
• Live animals
• Any item that may pose a public health hazard i.e. those items that can
possible explode, be excessively flammable etc.
Established display areas
Chapter 20, Streets, Sidewalks and other Public Ways, of the Grapevine
Code of Ordinances provides for a maximum two -foot space for the length of
the property line for merchants to occupy with signs, samples or other
articles. It would seem appropriate not to allow blockage of any
entrances/exits from which the building display is associated nor to allow said
displays to encroach upon other business storefronts. Businesses should not
be allowed to "transfer" their display area to other merchants.
Display requirements
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P & Z WORKSHOP MINUTES
SEPTEMBER 25, 2001
It is recommended that all items for display should be in good condition with
no visible signs of needed repair and should not be wrapped in plastic or
other wrapping materials. The display of items should not be placed in such a
manner as to obscure or substantially block the view of the store or any
existing window displays. Display devices such as cardboard boxes or fold -
up tables should not be allowed. Items should be displayed on appropriate
racks/tables that coordinate with the storefront's fagade. Display of items
should be allowed only during business hours. The securing of racks/displays
outside the business after working hours should not be allowed.
Enforcement
Staff recommends the establishment of a committee tasked with reviewing
applications for outside display that if approved will require annual renewal.
This committee, the Main Street Outside Display Committee or something
more appropriately named, could be comprised of the following members:
• Director of Development Services
• Planning and Zoning Commissioner
• Council representative to the Planning and Zoning Commission
• Member of the Historic Preservation Commission
• Member of the Historic Grapevine Downtown Association
An application fully describing the applicant's intent as well as an exhibit
showing the location of the storefront and the layout of the displayed
merchandise should be required. Staff also recommends that an
"Indemnification, Release, and Hold Harmless Agreement" be required
releasing the City from any liability for personal injury or property damage that
results from the display of merchandise outside of the applicant's storefront.
There was discussion regarding the enforcement of such changes and the
difficulties, which could arise from the review process and procedures. It was
determined that the Commission would not consider such changes at this
time.
No action was taken.
D. AMENDMENTS TO SECTION 67, AMENDMENTS RELATIVE TO FEES
FOR CONDITIONAL/SPECIAL USE APPLICATIONS FOR PREVIOUSLY
ESTABLISHED PLANNED COMMERCIAL CENTERS
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P & Z WORKSHOP MINUTES
SEPTEMBER 25, 2001
Next for the Commission to consider were amendments to Section 67,
amendments relative to fees for conditional/special use applications for
previously established planned commercial centers.
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 Mail—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 out -parcel 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 conditionallspecial 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 which shall be calculated as
follows: $500.00 for the first acres 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.
Commissioner's stated in summary, that this issue was a city concern and the
would ultimately be the City's decision. Therefore since there were no
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P & Z WORKSHOP MINUTES
SEPTEMBER 25, 2001
objections, Chris Coy moved, with a second by Herb Fry, to bring forward to
public hearing the Amendments to Section 67 relative to fees for
conditional/special use applications for previously established planned
commercial centers. The motion prevailed by the following vote:
Ayes: Oliver, Fry, Coy, Busbee, Murray, Nicholson, and Undersander
Nays: None
With no further business to discuss, Danette Murray moved, with a second by Herb
Fry, to adjourn the meeting at 7:45 p.m. and the motion prevailed by the following
vote:
Ayes: Oliver, Fry, Coy, Busbee, Murray, Nicholson, and Undersander
Nays: None
PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF GRAPEVINE, TEXAS ON THIS THE 16th DAY OF OCTOBER, 2001.
CHAIRMAN
ATTEST:
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