HomeMy WebLinkAboutItem 05 - AM04-02 Zoning Ordinance AmendmentsCC* 7- Z_
MEMO TO: HONORABLE MAYOR, CITY COUNCIL M MBERS AND THE
PLANNING AND ZONING COMMISSIO
FROM: ROGER NELSON, CITY MANAGER
H. T. HARDY, DIRECTOR DEVEL MENT SERVICES
MEETING DATE: JUNE 15, 2004
SUBJECT: ZONING ORDINANCE AMENDMENTS AM04-02—
AMENDMENTS TO SECTION 32, "BP" BUSINESS PARK
DISTRICT; SECTION 40, "MXU" MIXED USE DISTRICT; AND
SECTION 60, SIGN STANDARDS
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission and the City Council consider
the following amendments to Section 32, "BP" Business Park District; Section 40, "MXU"
Mixed Use District; and Section 60, Sign Standards, and take any other action
necessary.
BACKGROUND INFORMATION:
Section 32, `BP" Business Park District
Staff has received a letter from Mr. Rick Stacy to amend Section 32, "BP" Business Park
District to allow a use that most closely fits into the category of "indoor commercial
amusement." The subject property owned by Mr. Stacy is currently zoned "BP"
Business Park District which was previously zoned "CC" Community Commercial District
prior to a rezoning which occurred in June, 2001 to accommodate a retail/warehouse
project currently under construction.
Section 12, Definitions, defines a commercial amusement as "an amusement enterprise
offering entertainment or games of skill to the general public for a fee or charge." A
proposed tenant in a building under construction on the subject site called "Pump It Up"
closely fits into the category of indoor commercial amusement. See the attached
business summary and description for Pump It Up,
Given that the properties immediately adjacent to the north, east, and west of the
subject site are zoned "CC" Community Commercial District, which allows indoor
commercial amusements as a permitted use, allowing this use in the "BP Business Park
District as a conditional use permit will allow the Commission and the Council the control
necessary to determine whether any future requests of this type are appropriate- given
the particular location of such request.
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June 7, 2004 (2:35PM)
Section 40 "MXU" Mixed Use District
The Mixed Use District guidelines were developed over a period of months with several
workshops with both the City Council and the Planning and Zoning Commission. When
approved in July, 2003 it was generally recognized that this was still a working document
that on occasion may need to be revised. Inadvertently a mistake was made relative to
establishing a density or Floor Area Ratio (FAR) for projects seeking this zoning
category. What was originally written in the ordinance was a maximum floor area ratio of
1.5. Given the minimum heights established for various uses within the district and
minimum lot sizes, this should have been expressed as a minimum floor area ratio rather
than a maximum.
Section 60, Sign Standards
Currently, any request for a pole sign requires a conditional use permit that must be
approved by the City Council. Any amendment or change to a previously approved
conditional use permit can only be considered and approved by the City Council or in
minor instances, the Site Plan Review Committee. In situations in which a business
owner desires to replace a pole sign approved though the conditional use process with a
monument sign or ground sign, a revision is required that can only be approved by the
City Council or the Site Plan Review Committee. In most circumstances, elimination of
existing pole signs should be encouraged however; the fee associated with a conditional
use permit may provide a disincentive to replace the sign. In addition the time delay from
application to approval can take up to seven weeks for conditional use requests that go
to the City Council. Staff recommends that in situations where a business owner wants
to replace an existing pole sign approved as part of a conditional use permit with a
monument sign, the Director of Development Services may administratively approve the
request. Naturally, the proposed monument sign will meet all requirements of the
ordinance.
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OAORMAM04-02.4
June 10, 2004 (12:58PM)
3. Mechanical equipment located within 120 -feet of any residentially
zoned district must meet the standards established for noise
regulation as stated in Section 55. Performance Standards.
4. Screened refuse and garbage storage on a concrete pad and located
no closer than 50 feet to any residentially zoned district and not
located between the front of the building and any right-of-way. All
refuse disposal and garbage storage areas shall be landscaped and
screened in accordance with Section 50.13.3.
5. All other mechanical equipment shall be located within a completely
enclosed building and shall meet the masonry requirements of
Section 32.M.4.
6. Retail sales, day care centers and personal services which are
customarily accessory and clearly incidental and subordinate to office
buildings.
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 42.8. 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.- Indoor commercial amusements.
D. LIMITATION OF USES: The following uses shall not be permitted within this
District.
061504 3 Section 32
DRAFT COPY 06-15-04
6. Office Uses: A building which has "office" as a predominant use
shall not be permitted unless a detailed facilities study which
includes a traffic impact analysis demonstrating that the project can
be adequately supported by the utilities and transportation facilities
in a timely manner is approved by the city.
H. DENSITY AND AREA STANDARDS: The density and area standards
shall apply:
1. Maximum Lot Coverage: The combined area occupied by all main
and accessory structures shall not exceed eighty (80) percent of
the total lot area.
a. The area of an above grade parking structure is included in
the calculations of lot coverage
b. The area of a porch or arcade fronting a public street is not
included in the calculation of lot coverage.
2. Minimum Maximum Density/FAR - The gross minimum ma ur
density/floor area ratio (FAR) for the Mixed Use District shall be 1.5.
3. Minimum Floor Area per Dwelling Unit:
a. Townhouse /Rowhouse - 1,600 square feet
b. Multifamily use:
1. Efficiency - 600 square feet
2. 1 Bedroom - 750 square feet
3. 2 Bedroom,- 900 square feet
4. 3 Bedroom - 1,000 square feet
4 Height: Minimum and maximum height of buildings shall be:
a. Townhouse/Rowhouse —
Minimum height of 24 -feet and maximum height of 42 -feet.
b. Multifamily use —
Minimum height of 40 -feet and maximum height of 92 -feet*..
C. Hotel use —
Minimum height of 40 -feet and maximum height of 92 -feet*.
061504 6 Section 40
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DRAFT COPY 06-15-04
with acrylic colors.
(3) Maximum gross surface area: One hundred (100) square feet
except as provided for in Section 60.B.2c.6.
(4) Maximum sign height: Ten (10) feet except as provided for in
Section 60.B.2c.6.
(5) Changeable copy: Thirty (30) percent. The percentage of
changeable copy may be increased provided a conditional use
permit is issued in accordance with Section 48 of this
Ordinance.
(6) Monument Signs in the HC Highway Commercial District For
Properties Fronting Wall Street:
i. Maximum sign height: Six (6) feet
ii. Maximum gross surface area: Sixty (60)
square feet.
iii. Changeable Copy: Sign face with changeable copy may
be permitted provided they meet the provision of
Section 48 and a Conditional Use Permit is issued.
d. POLE SIGNS. A sign that is mounted on a freestanding pole,
conforming to the following regulations:
(1) Engineering Regulations. All pole signs shall be designed in
accordance with Chapter 23 of the Grapevine Building Code.
All plans and specifications shall be prepared by a
professional engineer. Wind pressure design for signs shall be
twenty (20) pounds per square foot for signs less than thirty
(30) feet in height and twenty-five (25) pounds per square foot
for signs thirty (30) feet to forty (40) feet in height.
(2) Sign Cabinet. Paint grip sheet metal on angle iron frame with
angle retaining rim to secure sign face or other materials
approved by the Director of Development Services.
(3) Sign Cabinet Minimum Gross Surface Area. Thirty (30)
square feet.
061504 Section 60
0A0rdk042704drafts\Sec60.drf
4
DRAFT COPY 06-15-04
(4) Maximum Sign Cabinet Dimensions and Maximum Gross
Surface Area. The maximum gross surface of the sign
cabinet shall be one hundred eight (108) square feet with a
maximum cabinet width of twelve (12) feet, a maximum cabinet
height of twelve (12) feet and a maximum cabinet depth of
fourteen (14) inches.
(5) Sign Face. Flat, clear acrylic sheet, or other material approved
by the Director of Development Services; all copy and
background sprayed on second surface with acrylic colors.
Thirty (30) percent of the gross surface area of the sign face
may have changeable copy. Neon tubing on solid background.
(6) Changeable Copy. Thirty (30) percent of the gross surface
area of the sign face may have changeable copy. All
explanatory text related to the changeable copy shall be
calculated as a part of the thirty (30) percent gross surface
area.
(7) Sign Finish. Degrease, prime, and finish coat all exposed
metal surfaces as required.
(8) Sign Support Color. Painted surfaces are to match
architecturally with the main structure on the lot.
(9) External Illumination. Neon tubing on a solid background is
allowed.
(10) Internal Illumination. Internal illumination provided by
fluorescent lamps spaced no further than twelve (12) inches on
center.
(11) Overall Sign Height. All signs to be twenty (20) feet in height.
(12) Pole Sign Conditional Uses.
The following Conditional Uses may be permitted provided
they meet the provisions of Section 48 and a Conditional Use
Permit is issued:
061504
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a. All pole signs erected after April 17, 2001 will be
permitted upon approval of a conditional use permit.
R
Section 60
b. A sign face with changeable copy exceeding thirty (30)
percent of the gross surface area of the sign face.
C. Pole signs on property zoned Neighborhood
Commercial, Community Commercial and Highway
Commercial and located adjacent to Highway 121
(excluding south of the Highway 360 intersection not
extending past a point 2,400 feet due south of the
southern right-of-way of Timberline Drive), Highway 360
and Highway 114 (excluding Business 114), and F.M.
2499 may be a minimum of twenty (20) feet in height up
to forty (40) feet in height. Pole signs on property
located contiguous to Highway 26 shall be limited to
twenty (20) feet in height, except for Lots 1 and 2, Block
1, Wal-Mart Addition, which shall have pole signs up to
thirty (30) feet in height. For pole signs exceeding
twenty (20) feet in height, the sign cabinet dimensional
requirements shall be a maximum of thirty-six (36)
inches in depth and a maximum gross surface area of
two hundred eighty-eight (288) square feet. There shall
be no minimum or maximum cabinet width or height
regulations for signs approved with a conditional use
exceeding twenty (20) feet in height.
d. The Director of Development Services may approve
the replacement of an existing pole sign, approved
in conjunction with a conditional use permit, with a
monument sign.
e. PROJECTING SIGNS. A sign that is wholly or partly dependent upon
a building for support and which projects more than twelve (12) inches
from such building, but less than forty-eight (48) inches.
f. ROOF SIGNS. A sign fastened to or resting on the roof of a structure.
g. WALL SIGNS. A sign fastened to or painted on a wall of a building
or structure in such a manner than the wall becomes merely the
supporting structure or forms the background surface, and which does
not project more than twelve (12) inches from such building.
061504
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E
Section 60
Thursday, April 29, 2004 RECEIVED
i.., 3 2004
Rocs Stombough ,
City of BYGrapevine,
PO Box 95104 '
Grapevine, TX 76051
RE: Mustang Business Park—Zoning Amendment Request .
Dear Ron:
Please accept this letter as a request for the city of Grapevine to cor sidcr amending the =jag for Mustang Business
park, Due to an exciting tensnt that I am considering for the building. I understand the tenant will need to submit a
Conditional Usc Permit in order to lease space in my building. This requcat would be for this tenant only.
While unconventional and not allowed in the Business Park Zoning for which my property was approved, Pump It
Up fits ia nicely with the other entertainment retail in the immediate area of my building. Farther, the use will not
interfere with future tenants in the remaining space i:n the building nor will it interfere with the uses planned for the
resp of the property.
Thank you in advance for your consideration. It is my undaatarxiing we arc working tovmrds a May 18 Agenda Item
before the planning & ZoniWCity Council and thamfore time is of the essence. Feel free to calf me at 817-424-
8800 with any questions, comments or to discuss further. Otherwise. I look forward to working with you in assisting
Pump It Up with securing the Conditlonal Use Permit.
S'
Rick
1900 South Main Street
3'd Floor
Gr%wAne, Tmtas16051
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PUMP LT UP'
TME INfIATAXIE PARTY ZONE
Pump It Up Inflatable Party Zone is a safe and fun indoor children's activity center for private parties and special occasions
(primarily children' birthday parties). The activity center will house interactive inflatable attractions, i.e. bounce house, obstacle
course to be used by a private party of up to 25 children.
Key points to consider for zoning clarification:
• We do not produce any food on the premises.
■ The pizza and soda are an optional added convenience, and our customers do not need to purchase it in order to have a party at
Pump It Up.
■ About 50% of our customers request soda and pizza for our functions.
■ If ordered, the pizza is delivered to our site by a local pizza vendor that we have on contract.
■ When classifying Pump It Up, we are normally compared to a gymnastics studio, ballet studio or karate facility, because we are
never open to the public and are only open by appointment.
Business- Description - General
Definition of terms:
Interactive Inflatable - industrial -grade vinyl and rubber structure inflated with forced air (not compressed air) provided
by a squirrel cage blower unit. The inflatables are similar to hot-air balloons, in that their construction prevents them
from "popping" or becoming excessively inflated. Passive, one-way exit air flaps open when a set inflation is reached
thereby maintaining the optimum level of inflation. Once the blower is turned off, the inflatables self -deflate completely
in less than 3 minutes. Fire resistance information is provided.
Blower Unit - A 2'x2'x2' metal box housing a 15 amp electric motor and a squirrel cage fan that forces air into the
Interactive Inflatable through a 10" diameter flexible duct.
Activity Area - the largest section of the facility that will house the inflatables and blowers.
Party Room - an area adjoining the Activity Area to be used by the party guests for refreshments and gifts.
Arena Supervisor - a staff member who remains on the floor of the Activity Area during a party to maintain safety and
assist guests.
Hours of Operation:
Each party will be required to secure advanced date reservations. At no time will the facility be open to the general
public on a drop-in basis. Reservations for parties will be accepted for dates Sunday thru Saturday, with the earliest party
.ming at 9:30 A.M. and the last party ending not later than 10:00 P.M. Each party will be limited to 2 hours total tim(
(up to 90 minutes in the Activity Centers and the balance in the Party Room). Please note that 90% of our parties are
held when the business park is closed.
Phvsical Set -Up:
Party guests will enter the facility at the front entrance of the building into the Lobby Area. From the Lobby Area, the
:.r up will move to the Activity Areas. From the Activity Areas the group will move to the Party Room, then back to the
�J by to exit the building.
Parking and Traffic:
At no time will Pump It Up be open to the public for drop-in visitors. There are currently parking spaces for
the building, , as well as handicapped parking. Including employees, there should not be more than cars at any
given time, as it has been our personal experience that a majority of parents drop off their invited children at parties, then
pick-up at the end.
Food and Drinks:
Pump It Up will not produce or prepare any food or meals whatsoever. Depending on city, county and state codes, we
will explore the possibility of having restaurant -prepared pizza delivered with canned or bottled sodas. Birthday
cakes and desserts, if any, must be provided by the party host. We will provide a refrigerator for the customer's use
during the party.
Environmental Concerns:
Hazardous Materials: There are no hazardous materials, emissions, runoff or waste associated with the use of inflatables.
Small quantities of janitorial supplies will be stored on site.
Noise: The 15 amp electric blowers, the high volume of moving air and excited children will combine to create noise levels.
With the huge Activity Area having tall ceilings, we do not anticipate these noise levels exceeding any health or zoning code. We
have experienced no complaints in the existing facilities.
Garbage: We estimate each party will generate not more than two 33 -gallon trash bags filled mostly with paper plates, cups and
waste. We plan on leasing a dumpster from the local Garbage company, which will be placed in the area designated by the
- mess park.
Electrical/Water Consumption: No industrial -level equipment will be used in this business. Five 15 amp blowers will be in use
for the inflatables in addition to the listed office equipment, appliances and lighting. Water consumption will be limited to lavatory
and water fountain use only.
As guests arrive, they will be allowed to sit in the reception lobby until the balance of their group arrives. When the group has
assembled, they will be escorted by the Arena Supervisor into the Activity Area where they will see the interactive inflatables. The
Arena Supervisor will direct the group to a seating area where they can remove and store their shoes while listening to instructions,
general behavior and safety rules on DVD. At the completion of the talk, the group will be allowed to enter the Activity Areas and
enjoy the inflatables. The Arena Supervisor will remain on the floor to monitor the Activity Areas and render assistance where
needed. At no time will this area be unsupervised during a party.
After not more than 90 minutes, the Arena Supervisor will indicate time is up and to get shoes on to go to the Party Room for the
balance of the party. The Supervisor will escort the group to the Party Room and provide any assistance the party host requires, but
will then leave the room to ready for the next group, if any. Another staff member will then assist the party with further needs. After
a total of 2 hours, the host will be advised time is up and direct the group back to the lobby to wait for rides and parents.
At no time, may the party host leave before all party members have been picked up.
interactive Inflatables: are made of industrial -grade vinyl and rubber and are inflated with blown air (not compressed air) provided
by a squirrel cage blower unit. The blower unit must remain on as long as the inflatable is in use to provide a constant flow of air.
The inflatables are similar to hot-air balloons, in that their construction prevents them from "popping" or becoming excessively
inflated. Passive, one-way exit air flaps open when a set inflation is reached thereby maintaining the optimum level of inflation. Once
the blower is turned off, the inflatables self -deflate completely in less than 3 minutes.
Surfacing: any part of the Activity Area floor used for foot traffic will be covered with a padded, indoor/outdoor grade carpet
approved for this facility.
Electronic: a standard suite of office equipment such as PC's and peripheral equipment.
Appliances: a refrigerator for sodas and customer -supplied cakes brought in during the party.
Furniture: standard office furniture, lobby seating, conference tables and chairs in the Party Room.
SpecialfUnique Equipment: each inflatable requires a squirrel cage blower unit that is rated at 15 amps/110V-AC with a start-up
draw of 20 amps. These units are self-contained and UL -approved devices for both indoor and outdoor use.
This proposed address is a light -industrial building, approximately 12,000 sq. ft. in size.
The owner of the building is in full agreement with our business proposition and is cooperating with our efforts to gain
^11roval.
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AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR
AMENDMENTS AND CHANGES TO ZONING
REGULATIONS BY AMENDING SECTION 32 "BP"
BUSINESS PARK DISTRICT; SECTION 40 "MXU" MIXED
USE DISTRICT REGULATIONS; AND SECTION 60 SIGN
STANDARDS PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND
A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
UPON EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of
the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code
is hereby amended in the following particulars, and all other sections, subsections,
paragraphs, definitions, words and phrases of said Appendix "D" and not amended but
hereby ratified, verified, and affirmed:
A. That Section 32 "BP" Business Park District, Subsection C is hereby
amended by the addition of the following:
116. Indoor commercial amusements."
B. That Section 40 "MXU" Mixed Use District Regulations is hereby amended
by amending Subsection H.2 to read as follows:
112. Minimum Density/FAR — The gross minimum density/floor area
ratio (FAR) for the Mixed Use District shall be 1.5."
C. That Section 60 Sign Standards is hereby amended by the addition of
Subsection B.2.d.(12)d to read as follows:
"d. The Director of Development Services may approve the
replacement of an existing pole sign, approved in conjunction
with a conditional use permit, with a monument sign."
Section 2. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 3. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court or competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of June, 2004.
ATTEST:
ORD. NO. 2