HomeMy WebLinkAboutItem 05 - AM04-01 Zoning Ordinance AmendmentGC ITEM 0 L 8 -- --_
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MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H. T. HARDY, DIRECTOR DEVELO NT SERVICES
MEETING DATE: MARCH 23, 2004
SUBJECT: ZONING ORDINANCE AMENDMENT AM04-01, SECTION 28,
"CBD" CENTRAL BUSINESS DISTRICT
RECOMMENDATION:
Staff recommends the City Council consider the amendment to Section 28, "CBD"
Central Business District relative to the elimination of the one year trial period for outside
display of merchandise and take any action necessary.
BACKGROUND:
Early in 2003, Staff received a request from Mr. Terry Musar, the owner/operator of Mad
Duck Adventure Sports at 816 South Main Street, to allow outside display of
merchandise such as bicycles and kayaks. This site, located at the northwest corner of
South Main Street and Dallas Road is zoned "CBD" Central Business District and has a
historic subdistrict overlay. At the time of Mr. Musar's request, outside display was not
permitted in the "CBD" Central Business District. An amendment was drafted
establishing a set of criteria to allow outside display of merchandise as an accessory use
and was approved with a one-year trial period due to end March 18, 2004.
Several merchants along South Main Street have occasionally availed themselves of this
provision and there have been no reported negative incidents or problems resulting from
this outside display of merchandise. Staff recommends the one year timeline be
eliminated and outside display as an accessory use within the guidelines established in
the "CBD" Central Business District be allowed permanently.
/rs
OAZCMAM04-01.4
March 14, 2004 (9:33AM)
NO DRAFT COPY 03-23-04
2. Off-street parking in conjunction with a permitted use.
3. Signs, in accordance with Section 60 of this Ordinance.
4. Outside display of merchandise.
a• All outside display of merchandise
shall conform to the following guidelines:
(1) All outside display will be limited to the normal business hours
for the associated permitted and/or conditional use.
(2) A minimum clear unobstructed width of 48 -inches measured
from the curb shall be maintained on the public right-of-
way/sidewalk.
(3) No outside display of merchandise shall be allowed during any
City sponsored event or festival.
(4) The City reserves the right to require the removal of any
merchandise displayed outside on the public right-of-
way/sidewalk that may be obtrusive, unsafe, or otherwise
interfere with pedestrian traffic.
C. CONDITIONAL USE: 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 the Ordinance.
Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42.6 of this Ordinance.
2. Winery with alcoholic beverage sales, with, on -premise and off -premise
consumption, provided a special permit is issued in accordance with Section
42.13. of the ordinance.
3. Wine tasting facility with alcoholic beverage sales with on -premise and off -
premise consumption provided a special permit is issued in accordance with
Section 42.B. of the ordinance. All alcoholic beverage sales shall be
consistent with the Texas Alcoholic Beverage Code.
4. 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
020904 2 Section 28
'L "-�6
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 28, "CBD"
CENTRAL BUSINESS DISTRICT; 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, •' ORDAINED BY THE CITY COUNCILOF 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 28 "CBD" Central Business District is hereby amended by
amending Paragraph B. Accessory Uses by amending subsection B.4 to
read as follows:
114. Outside display of merchandise.
a. All outside display of merchandise shall conform to the
following guidelines:
(1) All outside display will be limited to the
normal business hours for the associated
permitted and/or conditional use.
(2) A minimum clear, unobstructed width of 48 -
inches, measured from the curb line, shall
be maintained on the public right-of-
way/sidewalk.
(3) No outside display of merchandise shall be
. allowed during any City sponsored event or
festival.
(4) The City reserves the right to require the
removal of any merchandise displayed
outside on the public right-of-way/sidewalk
that may be obtrusive, unsafe, or otherwise
interferes with pedestrian traffic."
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 23rd day of March, 2004.
ATTEST:
ORD. NO. 2
ORD. NO. 3