HomeMy WebLinkAboutItem 04 - AM03-02 Zoning Ordinance AmendmentsC (f 11 ITIM 0 4. .20 _ -
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H. T. HARDY, DIRECTOR DEVELOPMENT SERVICES
MEETING DATE: MARCH 18, 2003
SUBJECT: AM03-02 ZONING ORDINANCE AMENDMENTS TO SECTION
12, DEFINITIONS; SECTION 24, "CN" NEIGHBORHOOD
COMMERCIAL DISTRICT; SECTION 28, "CBD" CENTRAL
BUSINESS DISTRICT; AND SECTION 60, SIGN STANDARDS
RECOMMENDATION:
Staff recommends the City Council and the Planning and Zoning Commission consider
the following zoning ordinance amendments and take any action necessary.
BACKGROUND:
Section 12, Definitions and Section 24, "CN" Neighborhood Commercial District
Staff has received a request from Mr. Don Kiker to amend the zoning ordinance as
necessary to allow the construction and operation of three "day cottages" on his property
located at 420 North Main Street. Mr. Kiker's property comprises approximately 17,100
square feet and has an existing frame structure that has been designated as historically
significant by the Historic Preservation Commission. Mr. Kiker's property is zoned "CN"
Neighborhood Commercial District; currently, "day cottages" or any other type of
temporary residential use is not permitted in the district. To accommodate Mr. Kiker,
Section 12, Definitions, relative to the definition of "Inn" has been modified to eliminate
the requirement for room access from common areas only and further modified to
require a minimum 380 square foot room size to match what is required for new hotel
projects within the city. Mr. Kiker's plan calls for the cottages to each be stand-alone
structures with separate outside entry/exit to each cottage. Section 24, "CN"
Neighborhood Commercial District has also been amended since no type of temporary
residential use is allowed in the district. An addition to the list of conditional uses has
been made allowing "Inns" as a conditional use.
0AZCU\AM03-02.4
March 9, 2003 (3:22PM)
Section 28, "CBD" Central Business District
Staff has 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. There is approximately eight feet between the building where Mad
Duck is located and the property line to the east; to the north an open area previously
designated as a sculpture garden could also support some outside display. As the
ordinance is currently written, outside display in the "CBD" Central Business District is
not permitted. Staff receives a number of requests every year from businesses along
Main Street seeking some type of outside display of merchandise; these requests have
been denied.
Allowing outside display of merchandise in the "CBD" Central Business District has been
discussed in a Planning and Zoning Commission workshop that occurred in the fall of
2001 however, the Commission elected not to take any action relative to allowing
outside display in the district. Staff has amended Section 28, "CBD" Central Business
District by adding another item to the Accessory Uses section allowing outside display of
merchandise as an accessory use with guidelines for establishing the located of the
outside display and conditions for its removal.
Section 60, Sign Regulations
Staff receives numerous requests throughout the year for banner signs; although these
types of signs are basically exempt from the general standards established in the
ordinance, a permit is still required and the amount of time the banner sign may be
displayed and its placement is regulated. In general, a banner sign may be displayed no
more than two weeks in any quarter of a calendar year. The Building Official has
allowed, if requested, the display of a banner sign to span the end of one quarter and
the beginning of the next—thus within a six month period of time a banner sign could be
displayed for a continuous four weeks. Banner signs are also allowed to remain for up
to 30 -days within 60 -days of the issuance of a certificate of occupancy for a new
business. If a business is going out of business, a quarterly banner sign may be
extended for a period not to exceed 30 -days. Staff regularly receives complaints that
the two-week limit per quarter on banner signs is too restrictive. Attached is a survey of
cities throughout the Metroplex and their regulations relative to banner signs. Section
60, Sign Regulations relative to banner signs has been amended extending the time limit
on banner signs from 14 -days to 30 -days.
0:1ZCU\AM03-02.4
March 9, 2003 (3:22PM)
Banner Sign Surve
City
Permit Time Limit
Number of
Number of
Permits Per
Signs
Year
City of Bedford
10 days
6
1
City of
30 days
3
1 per street
Carrollton
frontage
City of
No permit is required, however
No more
Colleyville
certain requirements must be
than 3
met.
consecutive
30 days
30 day
periods per
year.
City of Coppell
During initial year of operation
4
1
1
– 14 days
Business in operation more
2
1
than one year - 14
City of Euless
No limitation on banner signs at
N/A
N/A
this time. Ordinance will be
revised early next year.
City of Farmers
Maximum of eight weeks per
Any number
1
Branch
year taken in any increment.
of permits
not to
exceed eight
weeks of
display time.
Town of Flower
According to type of sign:
Mound
Pre -opening sign – 45 days
1
Now Open Sign – 45 days
1
Now Hiring sign – 45 days
1
Grand Opening Sign –14 days
1
Under New
Ownership/Management Sign –
Only when
45 days
CO
application
for change of
ownership is
submitted.
City of Irving
I—Banner signs are prohibited.
1_ N/A
N/A
0:/ZCU/Banner Sign Table
City of
30 days
4
Any number
Lewisville
of signs up
not to exceed
a total of 50
square feet of
signage
North Richland
30 days
4
1 per single
Hills
occupancy
structure or
for each store
front of a
multi -
occupancy
structure
City of
I
15 days
2
1
I
Southlake
0:/ZCU/Banner Sign Table
03-18-03
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 Neighborhood 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.
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-0 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.
030303
1
Section 24
DRAFT 03-18-03
2. Mechanical equipment no nearer than one hundred twenty (120) feet to any
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 42.8. 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.
030303
IN
Section 24
10. Personal Care Facilities.
11. Any use allowed within this district with drive-in or drive-through service.
12. Inns
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.
071602 Section 24
3
0
DRAFT 03-18-03
guest rooms shall be restricted exclusively to interior corridors. These
corridors shall be accessed via the main lobby of the building or entryways
individually equipped with some form of security controlled access system.
198. HELIPORT shall mean an area of land or water or a structural surface which
is used, or intended for use, for the landing and taking -off of helicopters, and
any appurtenant areas which are used, or intended for use, for heliport
buildings and other heliport facilities.
199. HELISTOP shall mean the same as a heliport, except that no refueling,
maintenance, repairs or storage of helicopters is permitted.
200. INN shall mean an establishment for the lodging and entertaining of travelers
limited to a maximum of twenty rooms with a minimum floor area of 380
square feet per room.
210. KINDERGARTEN shall mean school for children of preschool age, in which
construction endeavors, object lessons and helpful games are prominent
features of the curriculum.
211-221. RESERVED FOR FUTURE USE.
222. LOT shall mean a tract of land occupied or to be occupied by a building and
its accessory buildings, and including such open spaces as are required
under this ordinance, and having its principal frontage upon a public street
or officially approved place.
223. LOT COVERAGE shall mean the total area of a lot upon which is placed a
building, buildings, or other structures.
224. LOT OF RECORD shall mean a lot which is part of a subdivision, the plat of
which has been recorded in the office of the county clerk of Tarrant County,
Texas, or a parcel of land, the deed of which was recorded in the office of the
county clerk of Tarrant County, Texas, prior to the effective date of this
ordinance.
225-247. RESERVED FOR FUTURE USE.
030303 Section 12
14
03-18-03
Section 28 CBD Central Business District
PURPOSE: The CBD Central Business District is designed to accommodate the types of
business and commercial uses that have historically been located in the Grapevine Central
Business area.
A. PERMITTED USES: No building or structure or part thereof, shall be erected,
altered, or used, in whole or in part, for other than one or more of the following
specified uses:
1 Personal service establishments including beauty and barbershops, cleaning,
shoe repair, art and instructional studios, photography, and newsstands.
2. Drugstores.
3. Offices, including professional, business, governmental and administrative.
4. Retail stores and sales, including antique, art supply, automotive
accessories, sporting goods, business machine shops, clothing, dry goods,
music, TV sales and repair, cards, home appliances, jewelry, leather goods
and luggage, linens, fabrics and draperies, optical goods, wallpaper and
paint, dairy supplies, carpeting.
5. Furniture, including office furniture and equipment.
6. Restaurants including outside dining, delicatessens, and bakeries.
7. Clubs and lodges.
8. Museums.
9. Movie theaters and opera houses.
10. Publicly operated parking facilities.
11. Outdoor sales of merchandise are prohibited during all sanctioned festivals,
except the holder of a special permit issued by the Grapevine Heritage
Foundation authorizing outdoor sales of merchandise.
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:
030303 1 Section 28
DRAFT 03-18-03
1. Uses normally incidental to the above permitted uses.
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 will be limited to the normal business hours
for the associated permitted and/or conditional use
b. A minimum clear unobstructed width of 48 -inches measured from
the curb shall be maintained on the public right-of-way/sidewalk
C. No outside display of merchandise shall be allowed during any
City sponsored event or festival.
d. 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.
1. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42.13 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
50.
5. Artisan studios for the creations of crafts, furniture, and arts which are
030303 2 Section 28
FIR�
03/10103
(f) Temporary political signs regulated by Chapter 20, Article 11, Division
3, of the Grapevine Code of Ordinances.
(g) Signs in the right-of-way regulated by Chapter 20, Article 1, Section
20-17.1 of the Grapevine Code of Ordinances.
(h) Permission is granted as a special privilege to any business in a
properly zoned area to display flags, banners and balloons for a
period not exceeding twe (2) wee thirty (30) days in any quarter of
a calendar year in connection with special sales being conducted by
said business. Such signs and their placement must be approved by
the Director of Development Services. Such flags, banners and
balloons may be erected and maintained only during such twe (2)
week peri thift (30) day period. Flags, banners and balloons
which advertise a business's grand opening may be displayed for a
extended period not to exceed thirty (30) days within sixty (60) days
of the issuance of a Certificate of Occupancy for a new business.
Flags, banners and balloons which advertise a business going out of
business may eXteRd the twe week p not to exceed thirty days.
A permit shall be required.
(i) Permission may be granted by the Director of Development Services
as a special privilege to civic organizations and other nonprofit
organizations to erect signs promoting special events or activities at
the locations and times, and under the conditions specified by the
Director of Development Services. A permit shall be required.
On -premises signs for hospitals as defined in Section 12.A.196 of this
Ordinance.
2. The following signs are exempt from the zoning permit requirement of
Section 60.A., but shall comply with all of the other regulations imposed by
this section:
(a) Nameplate signs not exceeding two (2) square feet in gross surface
area accessory to a single-family or two-family dwelling.
(b) Nameplate signs not exceeding fifteen (15) square feet in gross
surface area accessory to a multiple -family dwelling.
(c) On -premises signs when located on property used for agricultural
030303 Section 60
13
rT-,r, Z)
ORDINANCE NO.
4 �
C}�
c«3ai
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING ORDINANCE
NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE,
SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE
CITY CODE, BY PROVIDING FOR AMENDMENTS AND
CHANGES TO ZONING REGULATIONS BY AMENDING
SECTION 12 DEFINITIONS; SECTION 24 "CN"
NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS;
SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT; 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 12 Definitions is hereby amended by amending Definition 200,
Inn to read as follows:
"INN shall mean an establishment for lodging and entertaining of travelers
limited to a maximum of 20 rooms with a minimum floor area of 380 square
feet per room."
B. That Section 24 "CN" Neighborhood Commercial District Regulations is
hereby amended by amending subsection C. Conditional Uses by the addition of
subsection 24.C.12 to read as follows:
"12. Inns"
C That Section 28, "CBD" Central Business District Regulations is hereby
amended by amending subsection B. Accessory Uses by the addition of subsection
28.8.4 to read as follows:
"4. Outside display of merchandise.
All outside display will be limited to the normal business hours for the
associated permitted and/or conditional use.
a. A minimum clear, unobstructed width of 48 -inches,
measured from the curb line, shall be maintained on the
public right-of-way/sidewalk.
b. No outside display of merchandise shall be allowed
during any City sponsored event or festival.
C. 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."
D. That Section 60 Sign Standards is hereby amended by amending subsection
60.E.(h) to read as follows:
"(h) Permission is granted as a special privilege to any business in a
properly zoned area to display flags, banners, and balloons for a
period not exceeding thirty (30) days in any quarter of a calendar year
in connection with special sales being conducted by said business.
Such signs and their placement must be approved by the Director of
Development Services. Such flags, banners, and balloons may be
erected and maintained only during such thirty (30) day period. Flags,
banners, and balloons which advertise a business's grand opening
may be displayed for an extended period not to exceed thirty (30)
days within sixty (60) days of the issuance of a Certificate of
Occupancy for a new business. Flags, banners, and balloons which
advertise a business going out of business may not exceed the 30
day time limit. A permit shall be required."
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
ORD. NO. 2
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 18th day of March, 2003.
ATTEST:
F.Al W a
•-
ORD. NO. 3