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HomeMy WebLinkAbout2010-01-19 AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, JANUARY 19, 2010 AT 6:30 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDE� WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the January 19, 2010 public hearing. 2. Discuss possible amendments to Section 40 "MXU" Mixed Use District Regulations and take any necessary action. ADJOURNMENT If you plan to attPnd this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 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 Commission Briefing Session Agenda was prepared and posted on this the 15th day of January, 2010 at 5:00 p.m. . J C. Brown i Assistant City Secretary P & Z BRIEFING SESSION JANUARY 19, 2010 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Planning and Zoning Commission of the City of Grapevine, Texas met in Special Briefing Session on this the 19th day of January 2010 at 6:30 p.m. in the Planning and Zoning Conference Room, 200 South Main Street, 2nd Floor, Grapevine, Texas with the following members present-to-wit: Larry Oliver Herb Fry B J Wilson Mark Lowery Monica Hotelling Gary Martin Elaine Martin Wayne Szot Chairman Vice-Chairman Member Member Member Member Alternate Alternate constituting a quorum with Jimmy Fechter absent and the following City Staff: Ron Stombaugh Scott Dyer Albert Triplett Susan Batte Planning and Development Manager Engineer Manager Planner 11 Planning Technician Chairman Oliver called the meeting to order at 6:33 p.m. ITEM 1. BRIEFING SESSION Chairman Oliver announced the Planning and Zoning Commission would conduct a briefing session relative to the following cases: AMENDMENTS TO SECTION 43, NONCONFORMING USES AND STRUCTURES OF THE GRAPEVINE COMPREHENSIVE ZONING ORDINANCE CU09-46 YUM! YUM! YOGURT CU09-47 DFW INDUSTRIAL PARK to discuss development issues. I ILOW-:10 P & Z BRIEFING SESSION JANUARY 19, 2010 ITEM 2. DISCUSSION OF POSSIBLE AMENDMENTS TO SECTION 40, "MXU" MIXED USE DISTRICT REGULATIONS At the December 15, 2009 Commission meeting, discussion was held relative to text changes to Section 40, "MXU" Mixed Use District and defining the boundary area for the district. A variety of options for establishing the district boundary area were considered. After a brief discussion, the Commission defined the boundary area as Northwest Highway to the north, Scribner Street to the west, Nash Street to the south, Berry Street and Dooley Street to the east. A joint workshop with City Council will be scheduled at a future meeting. After a brief discussion, Chairman Oliver adjourned the meeting at 7:15 p.m. PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 16TH DAY OF FEBRUARY 2010. G ":• a 3 9 W CHAMMAN ATTEST: SE-C'*RETARY NOTE: Planning and Zoning Commission continued with the Joint Public Hearing 01 191OBS 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, JANUARY 19, 2010 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU09-46 (Yum Yum Yogurt) and make a recommendation to the City Council. 2. Consider Conditional Use Application CU09-47 (DFW Industrial Park) and make a recommendation to the City Council. 3. Consider the final plat of Lots 1, 2, and 3, Block 1, Millican Place Addition and make a recommendation to the City Council. 4. Consider the recommendation of the Planning & Zoning Commission relative to proposed amendments to the Grapevine Code of Ordinances, Appendix "D", Comprehensive Zoning Ordinance No. 82-73, as amended, Section 43 Nonconforming Uses and Structures and make a recommendation to the City CounciL CONSIDERATION OF MINUTES 5. Consider the minutes of the December 15, 2009 Planning & Zoning Commission meetings and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at(817)410-3182 at least 24 hours in advance of the meeting. 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 Regular Planning & Zoning Commission Meeting Agenda was prepared and po,ted on this the 15th day of January, 2010 at 5:00 p.m. � J d' . Brown � � Assistant City Secretary P & Z JOINT PUBLIC HEARING JANUARY 19, 2010 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Planning and Zoning Commission of the City of Grapevine, Texas met in Joint Public Hearing with the City Council, on this the 19th day of January 2010, in the City Council Chambers, 200 South Main Street, 2nd Floor, Grapevine, Texas with the following members present -to -wit: Larry Oliver Herb Fry B J Wilson Mark Lowery Monica Hotelling Gary Martin Elaine Martin Wayne Szot Chairman Vice - Chairman Member Member Member Member Alternate Alternate constituting a quorum with Jimmy Fechter absent and the following City Staff: Ron Stombaugh Scott Dyer Albert Triplett Susan Batte Planning and Development Manager Engineer Manager Planner II Planning Technician Mayor Tate called the joint meeting to order at 7:38 p.m. and Chairman Oliver called the Planning and Zoning Commission deliberation session to order at 8:31 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Herb Fry delivered the Invocation and led the Pledge of Allegiance. JOINT PUBLIC HEARINGS CONDITIONAL USE APPLICATION CU09 -46 - YUM! YUM! YOGURT First for the Commission to consider and make recommendation to the City Council was conditional use application CU09 -46 submitted by Cassie Uptmore for property located at 603 South Main Street, Suites 302 and 303 and platted as Lot C, Block 15, Original Town of Grapevine. The applicant was requesting a conditional use permit to establish a yogurt restaurant. Ms. Cassie Uptmore, the applicant, was available to answer questions and requested favorable consideration. 011910 IBM With no further questions, guests to speak, no letters or petitions, the public hearing was closed. In the Commission's deliberation session, B J Wilson moved to approve conditional use application CU09-46. Herb Fry seconded the motion, which prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, G. Martin and E. Martin Nays: None CONDITIONAL USE APPLICATION CU09-47 - DFW INDUSTRIAL PARK Next for the Commission to consider and make recommendation to City Council was conditional use application CU09-47 submitted by Eugene Middleton for property located at 1702 and 1712 Minters Chapel Road and platted as Lot 1R1 and 1R2, DFW Industrial Park, Phase 3. The applicant was requesting a conditional use permit to establish a planned industrial park. Mr, Eugene Middleton, the applicant, was available to answer questions and requested favorable consideration. With no further questions, guests to speak, no letters or petitions, the public hearing was closed. In the Commission's deliberation session, Herb Fry moved to approve conditional use application CU09-47. Monica Hotelling seconded the motion, which prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, G. Martin and E. Martin Nays: None FINAL PLAT APPLICATION OF LOTS 1, 2 & 3, BLOCK 1, MILLICAN PLACE ADDITION Next for the Commission to consider and make recommendation to the City Council was the Statement of Findings and Final Plat Application of Lots 1, 2 & 3, Block 1, Millican Place Addition submitted by Avery Homes for property located at 405 East Texas Street. The applicant was final platting 0.9417 acres for the development of three residential lots. In the Commission's deliberation session B J Wilson moved to approve the Statement of Findings and Final Plat Application of Lots 1, 2 & 3, Block 1, Millican Place Addition. 011910 2 P & Z JOINT PUBLIC HEARING JANUARY 19, 2010 Elaine Martin seconded the motion, which prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, G. Martin and E. Martin Nays: None AM10 -01 AMENDMENTS TO SECTION 43 NONCONFORMING USES AND STRUCTURES OF THE GRAPEVINE COMPREHENSIVE ZONING ORDINANCE Next for the Commission to consider and make recommendation to the City Council was amendments to Section 43, Nonconforming Uses and Structures of the Grapevine Comprehensive Zoning Ordinance. The city always held the position that properties affected by the taking of right of way were considered legal conforming. For example, a property might have its front yard reduced by the governmental taking of right of way and therefore leave a sign with less than the required setback. In such cases, the property owner was allowed to replace the sign without meeting the required setback. The Texas Department of Transportation requested that an ordinance be drafted to incorporate this administrative policy. Due to significant right of way acquisition for the DFW Connector project, TXDOT feels that an actual ordinance is preferable. This amendment incorporates the previous policy by exempting property that has been affected by right of way acquisition to the extent that the violation is caused by the acquisition. The exemption would not apply in the case of a subsequent zoning change initiated by the property owner, but a city initiated zoning change would not affect the exemption. Additional provisions were included that exclude the exemption in cases where the property owner is compensated for damages for loss of use of the property, and when compensation is offered by the governmental agency to the property owner to correct the violations caused by the right of way taking. SEC. 43 I. RIGHT -OF -WAY ACQUISITION BY GOVERNMENTAL AGENCY Definitions. As used in this section, the following terms shall have the respective meanings ascribed to them: Governmental agency shall mean the United States of America, State of Texas, County of Tarrant, the City of Grapevine, or any other governmental agency with the ability to exercise eminent domain powers. Right -of -way acquisition shall mean the securing of right -of -way through negotiation, purchase, bargain, trade, donation, condemnation, or other means by use or threat of eminent 011910 3 Ism domain, but not including the dedication of right-of-way through platting or zoning processes. Damages to the remainder shall mean the diminution or reduction of value of the remainder property suffered as a result of the acquisition of a portion of property for a public purpose. 2. Exemption permitted. In the event a right-of-way acquisition by a governmental agency causes a property or its existing improvements to be in violation of a City zoning ordinance, subdivision rule, or other land use regulation or ordinance, the property shall be exempt from the provision to the extent the violation is caused by the right-of-way acquisition, subject to the following: (A) Zoning Change. (1) The exemption shall not apply to a property that undergoes a zoning change initiated by the property owner subsequent to the right-of-way acquisition; instead, the property shall have a non- conforming status to the extent that any nonconformance with city ordinances resulted from a right-of-way acquisition by a governmental agency prior to the rezoning, and shall be treated as a nonconforming use or structure pursuant to the City's comprehensive zoning ordinance. (2) A zoning change initiated by the City shall not cause a property to lose the exemption provided by this section for property affected by right-of-way acquisitions. (B) Safety Hazard. Nothing in this provision shall be construed to permit any site element to create a traffic safety hazard or another life safety hazard. (C) Compensation for Noncompliance. (1) The exemption shall not apply to property if the right-of-way acquisition renders the remainder of the property unusable, and the governmental agency compensates the property owner for the damage to the remainder. Where such compensation is provided, the property owner is responsible for any curative measures necessary 011910 4 HEARING JANUARY • 2010 to bring the property in compliance with city codes, ordinances, and regulations. (2) The exemption shall not apply to the property if the governmental agency offered compensation to the property owner for demolition, removal, relocation, or replacement of improvements or other measures curative of the violation of City codes or ordinances caused by the right -of -way acquisition. (3) For property ineligible for an exemption under this subsection (C), the development services director is authorized to: a. Provide notice to any affected property owner, lienholder, and /or certificate of occupancy holder, listing any items of noncompliance; and b. File an affidavit in the Tarrant County Deed Records noting the item(s) of noncompliance, advising that compensation was paid for such noncompliance, and that a certificate of occupancy shall not issue until such noncompliance is cured. Once the property and its improvements are brought into full compliance with all applicable ordinances of the City, the planning director shall file an affidavit in the Tarrant County Deed Records noting such compliance. (4) If a property is ineligible for an exemption under this subsection (C), the building official is authorized to revoke a certificate of occupancy of any building or structure for noncompliance with a code, ordinance, or regulation. (5) The Building Board of Appeals Commission is authorized to issue an order of demolition a minimum of 90 days after the certificate of occupancy has been revoked for any building or structure on property ineligible for an exemption under subsection (C)(1). 011910 5 P & Z JOINT PUBLIC HEARING JANUARY 19, 2010 3. Effective Date. The provisions of this section shall apply to any property acquired by eminent domain after January 19, 2010. In the Commission's deliberation session discussion, B J Wilson moved to approve the proposed amendments to Section 43, Nonconforming Uses and Structures of the Grapevine Comprehensive Zoning Ordinance. Monica Hotelling Martin seconded the motion, which prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, G. Martin and E. Martin Nays: None CONSIDERATION OF MINUTES Next for the Commission to consider were the minutes of the December 15, 2009 Planning and Zoning joint public hearing. Herb Fry moved to approve the Planning and Zoning Commission minutes of December 15, 2009, Planning and Zoning joint pubic hearing as written. Monica Hotelling seconded the motion, which prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Hotelling and G. Martin Nays: None Abstain: Lowery and E. Martin ADJOURNMENT With no further business to discuss, B J Wilson moved to adjourn the meeting at 8:37 p.m., Gary Martin seconded the motion which prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, G. Martin and E. Martin Nays: None PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 16TH DAY OF FEBRUARY, 2010. APPROVED: L21 Z4��- CHAIRMAN ATTEST: TTE T: SE ETARY 011910 6