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HomeMy WebLinkAboutAM2005-01Ms. Janice Gregory Fort Worth Star Telegram P.O. Box 1870 Fort Worth, Texas 76102 RE: Grapevine Account # CIT 25 Dear Ms. Gregory, January 28, 2005 Please find enclosed the following for publication on January 30, 2005, in the Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only) Item Notice of Public Hearing CU05-03, Woodland Office Building Notice of Public Hearing CU05-04, The Towers of Grapevine Notice of Public Hearing CU05-05, Midnight Rodeo Notice of Public Hearing HL04-04, West Dallas Road Building Notice of Public Hearing Zoning Ordinance No. 82-73 Meeting Date February 15, 2005 February 15, 2005 February 15, 2005 February 15, 2005 February 15, 2005 As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 410-3155. Sincerely, l..l Ron Stombaugh, Development Manager Development Services Enclosure Irs DEVELOPMENT SERVICES DEPARTMENT The City of Grapevine • P O Box 95104 *'Grapevine, Texas 76099 • (817) 410-3154 Fax (817) 410-3018 9 www.ci.grapevine.tx.us CITY OF GRAPEVINE, TEXAS On Tuesday evening, February 15, 2005 at 7:30 P.M. in the City Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas, the City Council and Planning and Zoning Commission of the City of Grapevine will hold a public hearing to consider the following iteMs: Case Number/Name: CU05-03, Woodland Office Building Applicant: Terry Hawkins Location: near the northeast comer of Glade Road and Grapevine -Euless Road; portion of Tract 2A1 B, G.W. Minter Survey, Abstract M: Current Zoning: "PCD" Planned Commerce Development District Proposal: The applicant is requesting a conditional use permit to allow for an owner or caretaker residence within a professional office building. A copy of the site plan is on file at the Department of Development Services. The property is owned by 360 North Partners, Ltd. Case Number/Name: CU05-04, The Towers of Grapevine Applicant: G. Philip Morley Location: 1301 William D. Tate Avenue; Lot 4, Block 1, Hayley Addition Current Zoning: "HC Highway Commercial District Proposal: The applicant is requesting a conditional use permit to amend the previously approved plan specifically to renovate the existing structure for future restaurant uses. A copy of the site plan is on file at the Department of Development Services. The property is owned by J.C. Mitchell. E Case Number/Name: CU05-05, Midnight Rodeo Applicant: Jeff Lewis Location: northeast corner of Grapevine Mills Parkway (F.M. 2499) and State Highway 121; proposed to be platted as 1R, Block A, ' Grapevine Vineyard Addition Current Zoning: "CC" Community Commercial District Proposal: The applicant is requesting a conditional use permit to amend the previously approved plan specifically to allow for a dance club and restaurant with the possession, storage, retail sale, and on -premise consumption of alcoholic beverages (beer, wine, and mixed beverages). A copy of the site plan is on file at the Department of Development Services. The property is owned by American Realty Trust, Inc. Case Number/Name: HL04-04, West Dallas Road Building Applicant: Phillip McCasland Location: 107 West Dallas Road; Lot 2, Block 1, Old Main Place Addition Current Zoning: "PO" Professional Office District Proposal: The applicant is requesting designation as a historic landmark subdistrict. Such subdistrict may include buildings, land, areas, or districts or historical, architectural, archaeological or cultural importance or value which merit protection, enhancement, and preservation in the interest of the culture, prosperity, education, and welfare of the people. A copy of the request is on file at the Department of Development Services. The property is owned by the James D. Green Family Partnership, Ltd. The City Council and the Commission will consider amendments and changes to the 3 Comprehensive Zoning Ordinance, No. 82-73, same being Appendix D of the Code of Ordinances as follows: Section 24, "CN" Neighborhood Commercial District; Section 25, "CC" Community Commercial District; and Section 26, "HC" Highway Commercial District relative to outside display and sales of merchandise as a conditional use; Section 42, Supplementary District Regulations relative to temporary outside display and sales, and food service, and any other additions, deletions, or changes to various sections, articles and provisions contained in said Ordinance No. 82-73. After all parties have been given an opportunity to speak, the public hearing will be closed and the Commission and the City Council will deliberate the pending matters. Please contact the Department of Development Services concerning any questions, 200 South Main Street, Grapevine, Texas, 76051 or P.O. Box 95104, Grapevine, Texas, 76099, 817- 410-3155. 0 HP OfficeJet K Series K80 Personal Printer/Fax/Copier/Scanner Last Transaction Date Time Type Identification Jan 28 12: , lOpm Fax Sent 98173907520 Log for DEVELOPMENT SERVICES 8174103018 Jan 28 2005 12: 1 1pm Duratio Pales Result 1:24 4 OK Star -Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF GRAPEVINE SEUMM 10 PM 3 37 PO BOX 95104 GRAPEVINE, TX 76099-9704 1 ANS . CITY OF GRAPEVINE, TEXAS On: 13580 GFtA0CEVjyNr=? j(S V an n On Tuesday eve n Case Number/Name- Midntghi P-W�' F bruar�I.�,6 2(:15 0 0 r; th 7.3 City A pplicant: 4911 Lewis Council Chambers, 2nd Floor, 200. Main Street, rapev ne, I­66atl0n; ' ` 110ttlumW con-w.,vi Mills a -Y Texas, e 2 n u I an PI mni and Ing Commis- 'Yon 2499) and tate Highwa 21 pobed to A plZed slon of the Of Gra evine [if hold a i� hearing to ,c IR R. Block , A r a - yineyaM Aod= Pu consider toll owing Current Zoning: CC Comrhunfty it erns:- I Cbmmer- 'Mal District B ", Case Num>6 a. CU0503Woodland Proposal. The appil cant is requesting a condtional use r tiorri 0 Office •Buildin A9P . a pemt to am%nd the pro%+ Vus pp"ida wYor t-04to Publication Date: Location: near northeast If THE $T gh� IS-1equesting,'A conditional Use permit ' GAt'0NI.dds-1' Count, County to allow -lot An -;owner. or care ke real— ,e lope­iV Invoice Date: In j Terms: Before r �j 166 Ull I . - , it* I an.- n....., G 'Westv 11 Vload , — , for the e- v6I t, B ", that the Sales Rep: tiorri 0 (817) j4n&�r td' ap n " Thank 1!�`,v"Pkfi ayment latroctu Remit To: star= reiegtam P.O. Box 901051 FORT WORTH, TX 76101 1 210 210 LINE $2.96 $621.60 a bis - A` I Net Amount: $621.60 Customer ID: CIT25 Invoice Number: 251415111 Invoice Date: 1/30/05 Terms: Net due in 21 days Due Date: 1/31/05 PO Number: I C) C) Order Number: 25141511 Sales Rep: 073 Description: CITY OF GRAPEVI Publication Date: 1/30/05 D-/'' 1 210 210 LINE $2.96 $621.60 a bis - A` I Net Amount: $621.60 It,-tnd .i I, fired Lisa Wesselman, Bid and Legal Coordinator County, Texas; and who, after being duly sworn, did depose and say r on tIA listed dates: BIDS &AEGAL DEPT. STAR TLEGRAM `)mer ID: CIT25 ot I 1.,,i mer Name: CITY OF GRAPEVINE SECR _.e Number: 251415111 voice ice Amount: $621.60 PO Number: Amount Enclosed: $ r 's or .dt lance 5erva- est of i 6wd - I C) C) Dc� 0 -I 1-1 Ila velop- The ed:lby a P., CHRISTY L. HOU-AND S iV*2 -e My COMM,oMMISSION EXPIRES July 31. 20 It,-tnd .i I, fired Lisa Wesselman, Bid and Legal Coordinator County, Texas; and who, after being duly sworn, did depose and say r on tIA listed dates: BIDS &AEGAL DEPT. STAR TLEGRAM `)mer ID: CIT25 ot I 1.,,i mer Name: CITY OF GRAPEVINE SECR _.e Number: 251415111 voice ice Amount: $621.60 PO Number: Amount Enclosed: $ to? z- 4� /I MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMEBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H. T. HARDY, DIRECTOR DEVELOF MENT SERVICES MEETING DATE: FEBRUARY 15, 2005 SUBJECT: ZONING ORDINANCE AMENDMENTS AM05-01—SECTION 24, "CN" NEIGHBORHOOD COMMERCIAL DISTRICT; SECTION 25, "CC" COMMUNITY COMMERCIAL DISTRICT; SECTION 26, "HC" HIGHWAY COMMERCIAL DISTRICT; SECTION 42, SUPPLEMENTARY DISTRICT REGULATIONS RECOMMENDATION: Staff recommends the Planning and Zoning Commission and the City Council consider the following amendments to Section 24, "CN" Neighborhood Commercial District; Section 25, "CC" Community Commercial District; Section 26, "HC" Highway Commercial District; and Section 42, Supplementary District Regulations and take any action necessary. During the spring and fall and occasionally during the summer months Staff receives a number of requests from businesses wanting to do some type of outside display including the sale of merchandise and even the sale of food items. These requests have been denied since there is no provision for this type of activity within the zoning ordinance except for non-profit organizations and businesses located within the "CBD" Central Business District. At the Planning and Zoning Commissions' April 27, 2004 workshop, Staff presented a proposed amendment to Section 42, Supplementary District Regulations relative to temporary outside display and sales of merchandise including food sales. Staff had proposed as a Temporary Use Permit approved by the Director of Development Services, the temporary outdoor display and sale of merchandise including food service and sales for a period not to exceed seven days during any three month/calendar quarter. Discussion on this item centered on the time frame allowed for the temporary display i.e. seven days versus fourteen days, and a more permanent approval for outside display through the special or conditional use process. Additional discussion focused on the basic criteria for the display such as allowing appropriate clearance for pedestrians and the use of required parking spaces for outside display. Staff presented to the Planning and Zoning Commission at their January 25, 2004 workshop a modified version of the amendment to Section 42, Supplementary District 0AZMAM05-01.4 1 February 7, 2005 (2:51 PM) Regulations to allow as a temporary use approved by the Development Services Director the ability to display and sell merchandise including food sales once per calendar quarter for a period not to exceed fourteen days. Criteria such as requiring a plan designating the proposed areas for outside display, the type of merchandise to be displayed, sidewalk clearance, the use of parking areas, and the need to obtain a permit from the Health Department was included. In situations where a potential applicant desires a more permanent option for outside display, Staff has included an amendment to the three most utilized commercial zoning districts, i.e. the TN" Neighborhood Commercial District, "CC" Community Commercial District, and "HC' Highway Commercial District, that would allow as a conditional use outside display and sales of merchandise. Please review the attached amendments to Section 42, Supplementary District Regulations and to Section 24, TN" Neighborhood Commercial District, Section 25, "CC" Community Commercial District and Section 26, "HC" Highway Commercial District. /rs 0:\ZCU\AMO5-01.4 2 February 7, 2005 (2:51 PM) Section 24. C -N Neighborhood Commercial District PURPOSE: The purpose of the C -N Neighborhood Commercial District is to provide locations for the development of planned retail shopping and service facilities which are located and designed expressly to serve the needs of adjacent residential neighborhoods. C -N Districts are intended for retail commercial uses which have a neighborhood orientation and which supplies necessities requiring frequent purchase with a minimum of consumer travel. Such facility should not be so large or so broad in scope of services as to attract substantial amounts of trade from outside the neighborhood. USES GENERALLY: In a C -N NeighborhoodCommercial District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses. 1. Planned neighborhood shopping centers defined as a combination of retail stores, offices, personal service establishments and similar uses whose aggregate gross floor area does not exceed one hundred thousand (100,000) square feet. 2. Any use permitted in the P -O Professional Office District provided that the total floor area devoted to office use does not exceed thirty (30) percent of the total floor area permitted on the lot. 3. Any use permitted in the LB Limited Business District. 4. Restaurants excluding drive-ins or drive-through facilities. 5. Day Nursery and kindergarten. 6. Public utility uses necessary to serve the District. 7. Variety and dry goods stores. B. ACCESSORY USES: The following uses shall be permitted as accessory uses provided that such use shall be located not less than twenty (20) feet from any street right-of-way. 1. Swimming pool no nearer than one hundred twenty (120) feet to any residentially zoned district. 2. Mechanical equipment no nearer than one hundred twenty (120) feet to any 020705 Section 24 X • - residentially zoned district. 3. Screened garbage storage on a concrete pad no nearer than fifty (50) feet to a residentially zoned district and not located between the front of the building and any street right-of-way. 4. Off-street parking to serve permitted uses provided that any off-street parking or vehicular use area within sixty (60) feet of a residentially zoned district shall be separated from said lot by a blind fence, berm, wall or landscaping at least six (6) feet high. 5. Signs advertising uses on the premises in accordance with Section 60 of this Ordinance. 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. 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. i / 1 2 Section 24 11. Any use allowed within this district with drive-in or drive-through service. 12. Inns 13. Outside display and sales of merchandise. D. LIMITATION ON USES: 1. 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 (9,500) square feet. 2. The maximum size of any C -N District shall not exceed twelve (12) acres in size. 3. The hours of operation for uses provided for in Section 24.C.10 shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. unless specifically provided for in the Conditional Use Permit. 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 C -N District shall not exceed a floor area ratio of 0.20. 2. LOT SIZE: The minimum lot size in a C -N Neighborhood Zoning District shall be twenty thousand (20,000) square feet. 031803 Section 24 3 DRAFT COPY 02-15-05 Sec. 25. C -C Community Commercial District Regulations PURPOSE: The C -C Community Commercial District is established to provide locations for general commercial uses representing various types of retail trade, businesses, services and planned commercial centers that serve a community or regional area. The District is intended for community and regional shopping centers and clusters of commercial development that attract a substantial amount of their trade from beyond the immediate neighborhoods. USES GENERALLY: In a C -C Community Commercial District no land shall be used and no building shall be erected or converted to any use other than as hereinafter provided. a1li•C01119T1��1±3 1. Any use permitted in a P -O Professional Office District or C -N Neighborhood Commercial District except that there shall be no limitation on size of planned shopping centers or total floor area. 2. Hospital. 3. Ambulance service. 4. Commercial amusements, the operation of which is totally within an enclosed building, including bowling alleys, video arcades, roller skating and ice skating arenas, motion picture theaters, but excluding billiard parlors and arcades. 5. Taxi dispatch office. 6. Professional dry cleaning, pressing, dyeing and laundry services. . . • ...• . -• • • • 9. Restaurants excluding drive-in or drive-through restaurants. 10. Nursery or greenhouse. 11. Radio and television broadcasting studios. 12. Department stores. 13. Furniture stores. B. ACCESSORY USES: The following uses shall be permitted as accessory uses: 1 020705 Section 25 Private garage. 2. Swimming pool no nearer than one hundred twenty (120) feet to any residentially zoned district. 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 garbage storage on a concrete pad no nearer than fifty (50) feet to a residentially zoned district and not located between the front of the building any street right-of-way. 5. Provisions for the parking of automobiles provided that such provisions within sixty (60) feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least six (6) feet high. 6. Signs advertising uses located on the premises in accordance with Section 60 of this Ordinance. 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. 1. 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 2 020705 Section 25 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. 12. Planned Commercial Centers. 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 January 18, 2005 shall be deemed a lawful, permitted use and shall have the same status as that 3 020705 Section 25 GYa'F�• 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. 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. 19. Structures in excess of fifty (50) feet in height. However, this provision shall only apply to properties located east of Ruth Wall Street, Loop 382, and Fairway Drive. 20. Outside display and sales of merchandise. 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. 3. The minimum size of any C -C District shall be five (5) acres. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: 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. LOT SIZE: The minimum lot size in a C -C District shall be thirty thousand (30,000) square feet and the minimum size of any C -C District shall be five 4 020705 Section 25 B' •. Section 26. HC Highway Commercial District PURPOSE: The HC Highway Commercial District is established to provide adequate space and site diversification for commercial uses which depend upon high visibility, uses with outside storage unless specifically prohibited by Section 26A, convenience to arterial highways and will involve development that may be more intensive than other commercial districts and objectionable to adjacent residential uses. USES GENERALLY: In an HC Highway Commercial District, no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses except as provided in Section 26.D. 1. Any use permitted in the LB Limited Business District, C -N Neighborhood Commercial District, P -O Professional Office District and C -C Community Commercial District, except that there shall be no limitation size of planned shopping centers or total floor area. 2. Public utilities as required to serve the district. 3. Reserved 4. Restaurants, excluding drive-in and drive-through restaurants. 5. Furniture or appliances, new and used within a completely enclosed building. 6. Mortuary and funeral homes. 7. Nursery or greenhouses. 8. Upholstery shops. 9. Commercial amusements, the operation of which is totally within an enclosed building, including bowling alleys, video arcades, roller skating and ice skating arenas, motion picture theaters, but excluding any special uses authorized by Section 49.13. 10. Pawn Shops within a completely enclosed building. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a principal use provided that none shall be a source of income to the owner or user of the principal use: 020705 1 Section 26 DRAFT COPY 02-15-05 1. Accessory uses permitted in the CN and CC Commercial Districts. 2. 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. 3. Screened garbage storage, on a concrete pad no nearer than fifty (50) feet to any residentially zoned district and Northwest Highway. 4. Off-street parking, provided that all areas devoted to the parking of vehicles or the sale and display of merchandise, except nurseries, shall be surfaced in accordance with Section 58 of this Ordinance. 5. Provisions for the parking of automotive vehicles provided within sixty (60) feet of any residentially zoned district shall be separated from said lot by a blind fence or wall at least six (6) feet high. 6. Other structures or uses which are customarily accessory and clearly incidental and subordinate to the permitted use and/or structure. 7. Signs advertising uses located on the premises in accordance with Section 60 of this Ordinance. 8. Used car sales in conjunction with new car sales provided that used car sales do not exceed more than fifty percent of the total sales for the automobile dealership in a calendar year. 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. 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. 020705 2 Section 26 DRAFT COPY 02-15-05 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. 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 January 18, 2005 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 020705 3 Section 26 rl -:7-11 a 1[f7iT:1 use permit therefore has been granted pursuant to this ordinance. 22. Automotive State Inspections facility. 23. New and used golf and utility cart sales and services, both electric and gasoline powered, with outside display and outside storage. 24. Outside display and sales of merchandise. D. LIMITATION OF USES: 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 Section 26.D, corner lot shall mean a lot located at the juncture of a State Highway and a street which intersects such State Highway. 3. Access to and frontage on a street other than a State Highway or Central Avenue will be permitted only for property zoned HC, Highway Commercial prior to the 15th day of July 1986, provided the principal uses and conditional uses are limited to the following uses: (a) Principal Uses: Any use permitted in the "PO" Professional Office District. 2. Public utilities as required to serve the district. 3. Restaurants, excluding drive-in and drive-through restaurants. 4. Furniture or appliances, new and used within a completely enclosed building. 122104 4 Section 26 5. Mortuary and funeral homes. 6. Nursery or greenhouses. 7. Upholstery shops. 1 i i 8. Retail sales, other than those listed above, business services and merchandise displayed within a completely enclosed building. (b) Conditional Use 1. Commercial off-street parking lots for passenger vehicles less than one ton carrying capacity. 2. Alcoholic beverage sales provided a Special Permit is issued in accordance with Section 42.13. of this Ordinance. 3. Public or private storage garages, including mini storage warehouses. 4. Restaurant with outside dining. 5. Plumbing supply with a completely enclosed building. 6. Automobile washing business; automatic, coin-operated or moving line wash. 7. Drive-in and drive-through restaurants. 8. Feed and grain sales within a completely enclosed building. 9. Job printing or newspaper establishments. 10. Automotive State Inspections facility. 11. Outside display and sales of merchandise. (c) Prohibited Uses 1. Commercial amusements, the operation of which is totally within an enclosed building, including bowling alleys, video arcades, 122104 5 Section 26 DRAFT 02-15-05 Section 42. Supplementary District Regulations A. TEMPORARY USES: 1. The following uses, which are classified as temporary uses, may be permitted by the City Council in any district not to exceed a period of thirty (30) days except for (g) which shall be issued for a period of one year or less, subject to compliance with all other applicable City Ordinances: (a) Carnivals (b) Circus (c) Fairgrounds (d) Religious assemblies (e) Sports events (f) Political rallies (g) Concrete mixing or batching plant used temporarily by contractors during the construction of buildings or public improvements, and in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such buildings or public improvement, providing such temporary use is renewed annually. (h) Armed forces displays (i) Educational displays (j) Temporary sales of merchandise by nonprofit organizations. (k) Temporary shelter for the homeless occupied by more than three (3) persons unrelated by blood or marriage during periods of severe weather conditions as determined by the Grapevine Office of Emergency Management in all residential districts. 2. A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district except for (g) which shall not be located closer than one thousand (1,000) feet to a developed residentially zoned OJORD/Drafts/012505Drafts/SEC42. DRF 020705 1 Section 42 district. 3. Use of a parcel of property for any of the above listed uses at any time on any day shall constitute a day's use. Use of a parcel of property for any of the above listed uses for more than thirty (30) days except for concrete mixing or batching plants, during any one year shall constitute a permanent use and such parcel or property shall automatically again be subject to the district regulation of the zoning district in which such parcel of property is located. 4. Permission may be granted for a period not to exceed seven (7) days by the City Manager as a special privilege to civic organizations and other nonprofit organizations to allow temporary uses (a), (b), (c), (d), (e), (h), (i), and (j) which shall not be located closer than sixty (60) feet to a residentially zoned district. 5. Permission may be granted for a period not to exceed forty (40) days by the Director of Community Development, to allow Christmas tree sales lots in all non-residential zoning district. 6. A building, electrical and/or plumbing permit, where determined applicable by the Director of Community Development, for any temporary use approved under this Section 42 shall be obtained from the Building Inspection Department prior to commencement of such use. Section 60 and all other provisions of this Ordinance determined to be applicable by the Director of Community Development shall be complied with prior to the commencement of any approved temporary use. 7. Temporary concrete mixing or batching plants for use during the construction of buildings or public improvements for thirty (30) days or less may be approved by the Director of Community Development. 8. Temporary outside display and sales of merchandise, and food service may be permitted on one occasion in any quarter of a calendar year for a period not to exceed 14 consecutive days, subject to the following conditions: (a) A plan must be submitted for approval by the Development Services Director designating the area for outside display., sales and/or food service. (b) The merchandise to be displayed or sold must be clearly 010RD/Drafts/012505Drafts/SEC42. DRF 020705 2 Section 42 K related or incidental to the current Certificate of Occupancy at the site. Itinerant vendors shall not be permitted. (c) Items for outside display within the festival area are to be approved by the City Of Grapevine Festival Committee. (d) A minimum four feet of clear sidewalk width shall be maintained at all times and at no time shall required egress from the building be obstructed. (e) Use of required parking areas for temporary outside display and sales shall not negatively impact the ability to provide adequate parking on the subject site nor shall it create a burden on surrounding properties or encourage parking within the right-of-way. Approval for use of required parking areas shall be at the discretion of the Development Services Director. (f) An appropriate permit from the Health Department shall be required for any food sales. B. SALE OF ALCOHOLIC BEVERAGES: Notwithstanding any other provision of this Ordinance the storage, possession, sale, serving, or consumption of alcoholic beverages, except for the consumption of the occupants or owners of the premises and their guests at no charge, when permitted by the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements: DEFINITIONS: For the purpose of this Ordinance, the following words and phrases shall have the meanings ascribed to them as follows: (a) ALCOHOLIC BEVERAGE means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. (b) RESTAURANT shall mean a restaurant or eating establishment whose gross sales in Grapevine from food on an annual basis at the location represent at least fifty (50) percent of total sales with a O JO R D/ D rafts/012505 D rafts/S E C42. D R F 020705 3 Section 42