HomeMy WebLinkAboutAM2010-01December 31, 2009
Ms. Christine Lopez
Fort Worth Star Telegram
P.O. Box 1870
Fort Worth, Texas 76102
RE: Grapevine Account # CIT 25
Dear Ms. Lopez,
VIAFACSIMILE
817-390-7520
Please find enclosed the following for publication on Sunday, January 3, in the Northeast
Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time
only)
Item
Notice of Public Hearing
CU09-46 — Yum Yum Yogurt
Notice of Public Hearing
CU09-47 - DFW Industrial Park
Notice of Public Hearing
AM 10-01 -Amendments to the Zoning Ordinance
Meeting Date
January 19, 2010
January 19, 2010
January 19, 2010
As always, your assistance is greatly appreciated. If you have any questions please
contact me at (817) 410-3155.
Sincerely,
gPlannerll
Triplett, Jr.
DEVELOPMENT SERVICES DEPARTMENT
The City of Grapevine - P.O. Box 95104 4 Grapevine, Texas 76099 - (817) 410-3154
Fax (817) 410-3018 - www.grapevinetexas.gov
CITY OF GRAPEVINE, TEXAS
On Tuesday evening, January 19, 2010 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:
CU09-46 YUM YUM YOGURT - submitted by Yum Yum Yogurt for property located at 603
Main Street #302 & #303 and platted as Lot C, Block 15, City of Grapevine Addition. The
applicant is requesting a conditional use permit to amend the previously approved site plan
to allow the development of a yogurt restaurant. The property is zoned "CBD" Central
Business District and is owned by owned by Harry Hines Medical Center.
CU09-47 - DFW INDUSTRIAL PARK - submitted by Middleton & Associates LLC for
property located at 1702 and 1712 Minters Chapel Road and proposed to be platted as
Lots 1 R and 1R2, DFW Industrial Park, Phase 3. The applicant is requesting a
conditional use permit to establish a planned industrial park. The property is zoned "Ll"
Light Industrial District and is owned by BREOF AIP Dallas, LP.
AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 82-73 - The City Council
and the Commission will consider amendments and changes to the Comprehensive Zoning
Ordinance, No. 82-73, same being Appendix D of the Code of Ordinances as follows:
Section 43, Nonconforming Uses and Structures relative to right of way acquisitions 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 Development Services Department concerning any questions, 200 S Main Street,
Grapevine, Texas 76051 or PO Box 95104, Grapevine, Texas 76099, 817-410-3155. A
copy of the site plan for all the above referenced requests is on file with the Development
Services Department.
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Notice Details -
CITY OF GRAPEVINE, TEXAS On Tuesday even
CITY OF GRAPEVINE, TEXAS
On Tuesday evening, January 19,
2010 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:
CU09-46 Y`LJM Y LJM YOGURT -
submitted by Yum Yum Yogurt for
property located at 603 Main Street
#302 & #303 and platted as Lot C,
Block 15, City of Grapevine
Addition. The applicant is requesting
a conditional use permit to amend the
previously approved site plan to allow
the development of a yogurt
restaurant. The property is zoned
"CBD" Central Business District and
is owned by owned by Harry Hines
Medical Center. CU09-47 - DFW
INDUSTRIAL P - submitted by
Middleton & Associates LLC for
property located at 1702 and 1712
Minters Chapel Road and proposed to
be platted as Lots IRI and 1R2, DFW
Industrial Park, Phase 3. The
applicant is requesting a conditional
use permit to establish a planned
industrial park. The property is zoned
"LI" Light Industrial District and is
owned by BREOF AIP Dallas, LP.
AMENDMENTS TO
COMPREHENSIVE ZONING
ORDINANCE 82-73 - The City
Council and the Commission will
consider amendments and changes to
the Comprehensive Zoning
Ordinance, No. 82-73, same being
Appendix D of the Code of
Ordinances as follows: Section 43,
Nonconforming Uses and Structures
relative to right of way acquisitions
and any other additions, deletions, or
changes to various sections, articles
and provisions contained in said
Ordinance No. 82-73. After all parties
Page I of 2
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Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF GRAPEVINE SECRETARY
PO BOX 95104
GRAPEVINE, TX 76099-9704
CITY OF GRAPEVINE, TEXAS On 13580 1
Sales Discount
Misc Fee
Customer ID:
Invoice Number:
Invoice Date:
i
Terms:
Due Date:
PO Number:
Order Number:;
Sales Rep:
Description:
Publication Date
112 112 LINE
OD Net Amount:
Lg � CHRISiY L i�liANi?
#nv Commission Expires
July 3i , 2012
THE STATE OF TEXAS
CIT25
308199081
1/3/2010
Net due in 21 days
1/31/2010
30819908
073
CITY OF GRAPEVI
1/3/2010
$1.72 $192.08
($125.92)
$10.00
$76.16
.County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas: and who, after being duly swam, did depose and say
that the attached dipping of an advertisement was publish the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday,
Notary
0.
01
Thank You For Your Payment
i
Remit To: Star -Telegram Customer ID: CIT25
P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR
FORT WORTH, TX 76101-2051 Invoice Number: 308199081
Invoice Amount: - $76.16
PO Number:
Amount Enclosed:
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JANUARY 19, 2010
SUBJECT: AM10-01 -AMENDMENTS TO SECTION 43, NONCONFORMING
USES AND STRUCTURES OF THE GRAPEVINE
COMPREHENSIVE ZONING ORDINANCE
RECOMMENDATION:
City Council to consider proposed amendments to Section 43, Nonconforming Uses and
Structures of the Grapevine Comprehensive Zoning Ordinance relative to right of way
acquisitions and take any necessary action.
In the past, the city has always held the position that properties affected by the taking of
right of way were considered legal conforming. For example, a property might have it's
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 has been allowed to
replace the sign without meeting the required setback. This was an administrative policy,
and is not currently contained in any ordinance.
Jerry Hodge has indicated that the Texas Department of Transportation has 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.
The attached ordinance amends Section 43 of the Zoning Ordinance by adding a new
Section I, Right of Way Acquisition by Governmental Agency. This new section
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 are 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.
O:\ZCU\2010\AM 10-01.4.doc
DRAFT 011910
SECTION 43, NONCONFORMING USES AND STRUCTURES
No nonconforming use may be expanded or increased beyond the lot or tract upon
which such nonconforming use is located as of the effective date of this ordinance
except to provide off-street loading or off-street parking space upon approval of the
Board of Adjustment.
All nonconforming uses being expanded under the provisions of this Ordinance shall
comply with the other applicable provisions of this Ordinance.
G. TERMINATION OF NONCONFORMING STRUCTURES:
In the event of damage or destruction of a nonconforming structure to the
extent of sixty (60) percent of the replacement cost of such structure on the
date of such damage, such nonconforming structure may be rebuilt only after
public hearing and favorable action by the Board Of Adjustment as provided
by Section 67A.
2. Whenever a nonconforming structure is determined to be obsolete,
dilapidated, or substandard by the Board of Adjustments, the right to
operate, occupy, or maintain such structure may be terminated by action of
the Board of Adjustment as provided in Section 67A and such structure shall
be demolished.
H. SPECIAL REGULATIONS FOR PUBLIC AND DENOMINATIONAL SCHOOLS: All
public schools, denominational schools having a curriculum equivalent to public
elementary or secondary schools, and all accessory buildings and structures
normally associated therewith, including stadiums and field houses, which are built
and existing on the effective date of this Ordinance, shall be considered as
conforming to the provision of this Ordinance. In the event such school building has
been constructed with lesser front yards, or rear yards, or with greater coverage, of
floor area ratio than herein specified, such building may be altered, remodeled,
enlarged, or increased in height but no provisions herein shall be construed as to
require greater yards, or lesser coverage, or floor area ratio than provided by the
existing construction and building permits shall be issued if in compliance with the
provisions of the building code.
1._ Definitions. As used in this section, the following terms shall
have the respective meanings ascribed to them:
040984 4 Section 43
DRAFT 011910
SECTION 43, NONCONFORMING USES AND STRUCTURES
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
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
040984 5 Section 43
DRAFT 011910
SECTION 43, NONCONFORMING USES AND STRUCTURES
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 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-wav
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
040984 6 Section 43
DRAFT 011910
SECTION 43, NONCONFORMING USES AND STRUCTURES
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).
3. Effective Date. The provisions of this section shall apply to
any property acquired by eminent domain after
040984 7 Section 43