HomeMy WebLinkAboutAM1997-03MEMO TO: PLANNING AND ZONING COMMISSIONERS
FROM: H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES 4 f A
MARCY RATCLIFF, PLANNER *[�
MEETING DATE: JUNE 17, 1997
SUBJECT: PROPOSED AMENDMENTS TO SECTION 26, HIGHWAY
COMMERCIAL RELATIVE TO OUTSIDE STORAGE
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission review the proposed amendments
to Section 26, Highway Commercial relative to outside storage and take any action
deemed necessary.
Staff developed a draft of the proposed amendments to Section 26, Highway Commercial
from the discussion at the May 27, 1997 Planning and Zoning Commission Workshop.
The Commission discussed the uses permitted and not permitted on lots not having
frontage on a State Highway. See the attached draft of the proposed amendments.
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0:\ZC1J\SEC26.0S June 10, 1997 12:59pm
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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
AND PLANNING AND ZONING COMMISSIONERS
FROM: ROGER NELSON, INTERIM CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES J'
MEETING DATE: JULY 15, 1997
SUBJECT: AMENDMENTS TO APPENDIX D, ZONING ORDINANCE
SECTION 68, BOARD OF ZONING ADJUSTMENT AND SECTION
26, `HC" HIGHWAY COMMERCIAL DISTRICT
RECOMMENDATION:
Staff recommends the City Council consider amendments to Section 26, "HC" Highway
Commercial District and Section 68, Board of Zoning Adjustment and take any necessary
action.
Section 68, Appendix D Zoning Ordinance, establishes the Board of Zoning Adjustment
which considers variances and special exceptions to the zoning ordinance. It was
determined in recent City Council action that in order to involve more citizens with
appointments to boards and commissions, an additional alternate member would be
added to the Board of Zoning Adjustment. The amendment to Section 68.D. would allow
three alternate members to the Board of Zoning Adjustment rather than the two alternates
that have been previously allowed.
SECTION 26, "HC" HIGHWAY COMMERCIAL DISTRICT
Section 26, "HC" Highway Commercial District, as drafted, would substantially change
permitted uses in the Highway Commercial District.
The "HC" Highway Commercial District was created as a special district to control a wide
variety of commercial uses and small lot development that had occurred along the
Northwest Highway corridor in past years. Many of the existing commercial uses have
outside storage in conjunction with the principal use. In the development of the "HC"
Highway Commercial District, concerns were expressed about the existing uses developed
along Northwest Highway and the impact those uses and future development could have
on Wall Street, or adjoining streets to existing residential neighborhoods. As a result, the
"HC" Highway Commercial District was amended to create Section 26.D.3. which greatly
limited the uses within the district allowed to have frontage on streets not designated a
State Highway.
July 9, 1997 11:06am
In a recent review of the "HC" Highway Commercial District, the Planning and Zoning
Commission determined that many of the uses previously considered objectionable under
Section 26.D.3. could be reviewed in areas adjacent to residential development through
the conditional use process and approved or denied on a case-by-case basis. Classic Tile
and Pool and Elliott's Hardware are examples of development that has occurred adjacent
to residential property with access other than a State Highway.
Amendments are also proposed to the "HC" Highway Commercial District changing some
permitted and conditional uses. Pawn shops are proposed to be a conditional use.
Automotive rental will be permitted as a conditional use, "retail sales of building material"
is proposed as "sales of building material".
HTHItw
July 9, 1997 11:06am
DRAFT COPY 06/13/97 HIGHWAY COMMERCIAL DISTRICT
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
1. Any use permitted in the CC Community Commercial District, except that
there shall be no limitation size of planned shopping centers or total floor
area.
2. Auction sale, new or used goods located within a completely enclosed
building.
3. Retail sales of building materials within a completely enclosed building.
4. Plumbing supply within a completely enclosed building.
5. Public utilities as required to serve the district.
6. Automobile washing business: automatic, coin-operated or moving line
wash.
7. Outdoor commercial amusements such as golf driving ranges, miniature golf,
archery.
8. Restaurants, including drive-in and drive-through restaurants.
9. Gasoline service station.
10. Feed and grain sales within a completely enclosed building.
11. Boat and marine sales and/or service within a completely enclosed building.
12. Camper sales and camper trailer sales and service, lease and rental within
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a completely enclosed building.
HIGHWAY COMMERCIAL DISTRICT
13. Furniture or appliances, new and used, within a completely enclosed
building.
14. Mortuary and funeral homes.
15. Nursery or greenhouses.
16. Job printing or newspaper establishments.
17. Upholstery shops.
18. Retail sales, other than those listed above, business services and
merchandise displayed within a completely enclosed building.
19. 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.
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:
1. Accessory uses permitted in the CN and CC Commercial Districts.
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 any residentially zoned district.
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
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HIGHWAY COMMERCIAL DISTRICT
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.
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.
1. Commercial off-street parking lots for passenger vehicles less than one ton
carrying capacity.
2. Building trades contractor within a completely enclosed building, with storage
yard for materials and equipment.
3. Reta" sSales of building materials displayed in an unenclosed or
incompletely enclosed area with outside storage.
4. Sale and rental of heavy machinery and equipment.
5. Home equipment rental.
6. Commercial laundry and dry cleaning establishments.
7. Mobile home sales, storage, lease and repair.
8. Alcoholic beverage sales provided a special permit is issued in accordance
with Section 42.B. of this Ordinance.
9. Public or private storage garages, including mini storage warehouses.
10. Truck and trailer rental.
11. Swimming pool and spa sales.
12. Restaurant with outside dining.
13. Planned Commercial Centers.
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Q
HIGHWAY COMMERCIAL DISTRICT
14. 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.
15. Automotive sales, and service, new or used cars and 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.
16. Automotive rental.
17. Outside display boat and marine sales and/or service.
18. Outside display camper sales and camper trailer sales and service, lease
and rental.
19. Pawn Shops.
20. Outside storage in conjunction with permitted uses in Section 26.A. and
conditional uses in Section 26.C., provided that such storage shall be
screened in accordance with Section 50 Alternates A or E
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.1.
only from a State Highway except as provided in Section �3. D.2.c.
(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.
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HIGHWAY COMMERCIAL DISTRICT
Ucj Access to and frontage on a street other than a State Highway will be
permitted only for property zoned HC Highway Commercial prior to the
15th day of July 1986.
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S•l!(I!l:li�
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HIGHWAY COMMERCIAL DISTRICT
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. MAXIMUM DENSITY: the maximum density within an HC District shall not
exceed a floor area ratio of 1.0.
2. LOT SIZE: The minimum lot size in an HC District shall be not less than five
thousand (5,000) square feet.
3. MINIMUM OPEN SPACE: At least fifteen (15) percent of the total lot area
shall be devoted to open space. Planned Commercial Centers permitted as
a Conditional Use shall meet the requirements of Section 26.N.3.
Provided, however, there shall be no open space required for lots fronting on
the south side of Northwest Highway, between Jenkins Street and Dooley
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DRAFT COPY 06/13/97
Street.
HIGHWAY COMMERCIAL DISTRICT
4. MAXIMUM IMPERVIOUS SURFACE: The combined area occupied by all
main and accessory structures, parking, storage, loading and other paved
areas shall not exceed eighty-five (85) percent of the total lot area.
Provided, however there shall be no maximum impervious area requirement
for lots fronting on the south side of Northwest highway, between Jenkins
Street and Dooley Street.
G. AREA REGULATIONS: The following minimum standards shall be required:
1. LOT WIDTH: Every lot shall have a minimum width of fifty (50) feet.
2. LOT DEPTH: Every lot shall have a minimum depth of not less than one
hundred (100) feet.
3. FRONT YARD: Every lot shall have a front yard of not less than twenty-five
(25) feet which shall be utilized as a landscaped setback area. Front yards
shall not be used for any building, structure, fence, wall or storage area,
except that signs may be permitted in this area in accordance with Section
60. Front yards shall be landscaped with grass, shrubbery, vines, or trees
and no part shall be paved or surfaced except for minimum access,
driveways, and sidewalks.
Provided, however, the front yard set back for lots fronting on the south side
of Northwest highway, between Jenkins Street and Dooley Street, shall be
a minimum of ten (10) feet and may be used for off-street parking, drives,
and sidewalks. The ten (10) foot front yard for this area shall not be used for
any building, structure, fence, wall, or storage area.
4. SIDE YARDS: No side yards are required, except that when property in an
HC District abuts property of a district in which a side yard is required, a side
yard of equivalent width shall be provided in the HC District.
5. REAR YARD: A rear yard equivalent to the adjacent or contiguous district
shall be provided.
6. DISTANCE BETWEEN BUILDINGS: The minimum distance between
detached principal or accessory buildings on the same lot shall be not less
than ten (10) feet.
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DRAFT COPY 06/13/97 HIGHWAY COMMERCIAL DISTRICT
H. BUFFER AREA REGULATIONS: When an HC District abuts a Residential District,
an appropriate buffer and screen shall be provided in accordance with the
provisions of Section 50 of this Ordinance.
I. HEIGHT:
1. No principal structure shall be erected or altered to a height exceeding two
(2) stories or thirty-five (35) feet.
2. No accessory structure shall be erected or altered to a height exceeding
fifteen (15) feet.
J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance
with Section 53 of this Ordinance.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with
the provisions of Section 56 and 58 and shall be landscaped in accordance with
Section 53 of this Ordinance.
L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with
the provisions of Section 57 of this Ordinance.
M. DESIGN REQUIREMENTS: The following design requirements shall apply in the
HC District:
1. Refuse disposal areas shall be landscaped and screened from view.
2. Mechanical and electrical equipment, including air conditioning units, shall
be designed, installed, and operated to minimize noise impact on
surrounding property. All such equipment shall be screened from public
view.
3. Lighting shall be designed to reflect away from any adjacent residential area.
4. Whenever an HC Highway Commercial District is adjacent to any
residentially zoned district, a buffer strip, at least twenty (20) feet in width
shall be provided between the two (2) districts. A wall, fence, or berm shall
be erected to effectively screen the HC District from the residential area and
no streets, alley, vehicular storage area or use shall be permitted in the
required buffer strip.
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DRAFT COPY 06/13/97 HIGHWAY COMMERCIAL DISTRICT
5. The Masonry Requirements of Section 54 shall be met.
6. All sales, display, or outdoor storage areas shall be surfaced in accordance
with Section 58 except those areas of nurseries and garden center where
living plants are located.
7. Storage areas for any product, excluding automobile and truck sales and
leasing, shall be completely enclosed by a blind fence or wall at least seven
(7) feet high. No materials or products shall be stacked higher than one (1)
foot below the top of the fence or wall.
8. ADDITIONAL BUFFERING, SCREENING, FENCING, & LANDSCAPING.
The Planning and Zoning Commission may recommend and the City Council
may require buffering, screening, fencing and landscaping requirements on
any zone change, conditional use, or special use case or concept plan in
addition to or in lieu of buffering, screening, fencing or landscaping
requirements set out specifically in each use district when the nature and
character of surrounding or adjacent property dictate a need to require such
methods in order to protect such property and to further provide protection
for the general health, welfare and morals of the community in general.
N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: Each lot or parcel
of land created within a Planned Commercial Center shall comply with the following
requirements:
1. MINIMUM YARD REQUIREMENTS OF PLANNED COMMERCIAL
CENTERS: The front yard requirements contained in Section 26.G.3. shall
be applicable to each lot or parcel of land within a Planned Commercial
Center permitted. The minimum side and minimum rear yards as required
in Section 26.G.4. and G.5. shall be required around the outside perimeter
of a Planned Commercial Center. Minimum side and rear yard requirements
of interior lots may be required if deemed necessary by City Council in order
to meet the provisions of Section 48.
2. LANDSCAPING REQUIREMENTS OF PLANNED COMMERCIAL
CENTERS: The minimum landscaping requirements of Section 53.H.2.b.
shall be applicable around the outside perimeter of a Planned Commercial
Center. For interior lots the minimum landscaping requirements of Section
53.H.2.b. may be required if deemed necessary by City Council in order to
meet the provisions of Section 48.
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HIGHWAY COMMERCIAL DISTRICT
3. MINIMUM OPEN SPACE REQUIREMENTS OF PLANNED COMMERCIAL
CENTERS: At least fifteen (15) percent of the total site area of the Planned
Commercial Center shall be devoted to non -vehicular open space (non-
vehicular open space is any area not devoted to buildings, parking, loading,
storage, or vehicular use).
4. BUILDING ELEVATIONS OF PROPOSED STRUCTURES SHALL BE
SUBMITTED WITH THE SITE PLAN REQUIRED BY SECTION 48.D.7.
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DRAFT COPY 6/25/97 BOARD OF ZONING ADJUSTMENT
Section 68. Board of Adjustment
A. There is hereby created a Board of Adjustment which shall consist of five (5) regular
members, each to be appointed by a majority of the City Council for a term of two
(2) years.
B. In addition to the five (5) regular members of the Board of Adjustment, two (2) three
Q alternate members of the Board of Adjustment who shall serve in the absence
of one or more regular members when requested to do so by the Mayor or City
Manager, shall be appointed by a majority of the City Council, so that all cases
heard by the Board of Adjustment will always be heard by a minimum of four (4)
members.
C. Regular members and alternate members of the Board of Adjustments shall serve
a term of two (2) years and until their successors are appointed and qualified.
Regular and alternate members of the Board of Adjustment may be removed from
office for cause by the City Council upon written charges and after a public hearing.
D. The Board of Adjustment shall select from among its regular members, a chairman,
and acting chairman, to act in the absence of the chairman, and a secretary.
E. The Board of Adjustment may adopt rules to govern its proceedings and conduct
of the business before the Board. Any rule or rules shall be adopted by a resolution
by the Board entered upon the minutes of the Board and a copy thereof shall be
filed with the City Secretary of the City of Grapevine.
F. Meetings of this Board shall be held at the call of the chairman, and at such other
times as the Board may determine. Such chairman or, in his absence, the acting
chairman shall administer oaths and compel attendance of witnesses. All meetings
of the Board shall be open to the public. The Board shall keep minutes of its
proceedings showing the vote of each member upon such question or, if absent or
failing to vote, indicating such fact, and shall keep records of its examinations and
other official actions, all of which shall be filed in the office of the Board and shall
be a public record G.Appeals to the Board of Adjustment may be taken by any
person aggrieved, or by any officer of the department, board or bureau of the City,
affected by any decision of the building inspector or other administrative officer of
the City relative to the Zoning Ordinance. Such appeal shall be taken within fifteen
(15) days after the date of the decision of the building inspector or other
administrative officer has been rendered, by filing with the officer from whom the
040984 Section 68
DRAFT COPY 6/25/97
BOARD OF ZONING ADJUSTMENT
appeal is taken and within the Board of Adjustment a notice of appeal specifying the
grounds thereof. The officer from whom the appeal is taken shall forthwith transmit
to the Board all the papers constituting the record from which the appeal was taken.
1. A filing fee of one hundred dollars ($100.00) to help pay a part of the cost of
legal publication, accumulating engineering data, and other administrative
costs shall accompany each notice or appeal filed with the Board of
Adjustments.
2. An appeal shall stay all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the Board
of Adjustment after the notice of appeal shall have been filed with him that
by reason of facts stated in the certificate a stay would in his opinion, cause
imminent peril to life or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order which may be granted by the
Board of Adjustment of a Court Of Record on application of notice to the
officer from whom the appeal is taken and on due cause shown.
3. The Board of Adjustment shall fix a reasonable time for the hearing of an
appeal, give notice thereof, as well as due notice to the parties in interest,
and decide the same within a reasonable time. Upon hearing any party may
appear in person, by agent or by attorney.
H. The Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official of
the City in the enforcement of this Ordinance.
2. To hear and decide special exceptions to the terms of this Ordinance upon
which the Board is required to pass under this Ordinance, if any.
3. To authorize upon appeal in special cases, such variances from the terms
of this Ordinance as will not be contrary to the public interest, where, owing
to special conditions, the literal enforcement of the provision of this
Ordinance will result in unnecessary hardship, so that the spirit of this
Ordinance shall be observed and substantial justice done.
4. To permit in any district such modification of the requirements of the district
/:1 1•:�
F
Section 68
DRAFT COPY 6/25/97
BOARD OF ZONING ADJUSTMENT
regulations as the Board may deem necessary to secure an appropriate
development of a lot where adjoining such lot on two (2) or more sides there
are lots occupied by buildings which do not conform to the regulations of the
district.
In exercising its powers, the Board of Adjustment may, in conformity with the
provisions of this Ordinance and the provisions of Articles 1101-A to 1011-J, both
inclusive, after amended, reverse, or affirm wholly or partly, or may modify the order,
requirement, decision or determination appealed from and may make such order,
requirement, decision or determination as should be made, and to that end shall
have all the powers of the officer from whom the appeal is taken.
1. The concurring vote of four (4) members of the Board shall be necessary to
revise any order, requirement, decision or determination of any such
administrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under the Ordinance, or to effect any
variance to this Ordinance.
2. Any person or persons, jointly or severally, aggrieved by any decision of the
Board of Adjustment, or any taxpayer, or any officer, department, board or
bureau of the City may present to a Court Of Record a petition, duly verified,
setting forth that such decision is illegal, in whole or part, specifying the
grounds of the illegality. Such petition shall be presented to the Court within
ten (10) days after the filing of the decision in the office of the Board of
Adjustment.
J. No appeal to the Board of Adjustment shall be allowed on the same piece of
property or on the same or similar question prior to the expiration of one year from
the date of a ruling of the Board of Adjustment on any appeal to such body unless
other property in the same zoning area shall have, within such one-year period,
been altered or changed by a ruling of the Board of Adjustment, in which each such
change of circumstances shall permit the allowance of an appeal.
ENTER
3
Section 68
i
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, INTERIM CITY MANAGER ft�
MEETING DATE: AUGUST 4, 1997
SUBJECT: CONSIDERATION OF AMENDMENTS TO APPENDIX D, ZONING
ORDINANCE, SECTION 26, "HC" HIGHWAY COMMERCIAL
DISTRICT RELATIVE TO PAWN SHOPS
Staff recommends City Council reconsider amendments to Section 26, "HC" Highway
Commercial District relative to moving pawn shops from a permitted use to a conditional
use.
BACKGROUND INFORMATION:
At the July 15, 1997 meeting, there was a public hearing to consider amendments to
Section 26, "HC" Highway Commercial District. At that meeting the Planning and Zoning
Commission recommended and Council adopted an amendment which moved pawn shops
from a permitted use to a conditional use in the "HC" Highway Commercial District.
Since that time Staff has found that the Local Government Code, which establishes zoning
regulations and district boundaries, has legislation which requires cities to allow pawn
shops as a permitted use in one or more zoning classifications. Moving pawn shops from
a permitted to a conditiional use in the "HC" Highway Commercial District would be in direct
conflict with the Local Government Code. Staff is requesting that City Council recind their
action taken on July 15, 1997 in order that pawn shops would continue to be a permitted
use in the "HC" Highway Commercial District.
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o:\th\Sec26
July 28, 1997 4:40pm
LOCAL GOVERNMENT CODE:
7. REGULATION OF LAND USE
RUCTURES, BUSINESSES, AND
RELATED AC'1'1VITIE:S
'fables
sposi(ion and 1)cr-iratioo Tables urc
,idcd at thr front of this volume, pro-
ng a nurons of traeiny repealed .sub
-
rnatter into the Code and, on the
r hared, oJ.searching out the .source o%
ncir Code sc'ctio?is.
SUBTITLE. A. MUNICIPAL,
REGULATORY AUTHORITY
CHAPTER 211. MUNICIPAL
ZONING AUTHORITY
SUBCHAPTERA GENEk.-A1,ZONING
REGULATIONS
Section
211,001. Purpose.
211.00'2 .adoption of Regulation or Boundary Includes
:Amendment or Other Change.
211.00:1. 'Luning Regulations Generally.
21 LOW.-)_ Zoning Regulations and District Boundaries
.-Applicable to Pawnshops.
211.004 Compliance With Comprrhetu,o. Plan.
21 1 (Io1 Districts-
21looG_ Procedures Governing Adoption of Zoning Reg-
ulations and I)istrict Boundaries.
211 007 Zoning Commission
21 200,1- Board of Adjustment.
211.009. authority of Board.
211.010. Appeal to Board_
211,011. Judicial Review of Board llecisinn.
211012 Enforccrnent; penalty: Remedies.
21101:1 Conflict With Other Laws: Exceptions.
>ecuons '11.014 to 211.(120 reserved for cxpanaionl
St HCHAPTF:R B ADI)ITIONAL ZONINGG REGULA-
TION'S IN M1NICIPALITY WITH POPt"I,:A'rlON
OF MORE THAN 290.000
211.021. Additional Zoning Regulations.
SUBCHAPTER A. GENERAL ZONING
REGULATIONS
§ 211.001. Purpose
The powers granted under this subchapter are for
the purpose of promoting the public health, safety,
morals, or general welfare and protecting and pre-
serving places and areas of historical, cultural, or
architectural importance and significance.
Acts 1987, 70th Leg.- ch_ 149, § 1, eff- Sept. I. 1987_
300
§ 211.002. Adoption of Regulation or Boundary
Includes Amendment or Other
Change
Arefcrence in this subchapter to the adoption of
a zoning regulation or a zoning district boundary
includes the amendment, repeal, or other change of
a regulation or boundary_
Acts 1987, 70th la•g., ch. 149. § 1, eff. Sept. I, 1987.
§ 211.(1(13. Zoning Regulations Generally
(a) The governing body of a municipality may
regulate:
(1) the height, number of stories, and size of
buildings and other structures:
(2) the percentage of a lot that may be occu-
pied;
(a1 the size of yards, courts, and other open
spaces.
(41 population density, and
(51 the location and use of buildings, other
structures, and land for business, industrial, resi-
dential, or other purposes.
(b) In the case of designated places and areas of
historical, cultural, or architectural importance and
significance, the governing body of a municipality
may regulate the construction, reconstruction, alter-
ation. or razing of buildings and other structures.
(c) The governing body of a home -rule municipali-
ty may also regulate the bulk of buildings.
.-Aera 1987. 70th Leg-. ch. 149. § 1. eff. Sept 1, 1987.
§ 211.0035. Zoning Regulations and District
Boundaries Applicable to Pawn-
shops
(a) In this section, "pawnshop" has the meaning
assigned by Section 2, Texas Pawnshop Act (Article
5069-51.02, Vernon's Texas Civil Statutes).
(b) For the purposes of zoning regulation and
determination of zoning district boundaries, the gov-
erning body of a municipality shall designate pawn-
shops that have been licensed to transact business
by the Consumer Credit Commissioner under the
Texas Pawnshop Act (Article 5069-51-01 et seq.,
Vernon's Texas Civil Statutes) as a permitted use in
one or more zoning classifications.
fc) The governing body of a municipality may not
impose a specific use permit requirement or any
requirement similar in effect to a specific use per-
mit requirement on a pawnshop that has been li-
censed to transact business by the Consumer Credit
LAND USE: & RELA'
Commissioner under the Texas Pawnshop Act (Arti-
cle 5069-51.01 et seq., Vernon's Texas Civil Stat-
utes).
Acts 1991. 72nd Leg ch. 687, § 18. eff. Sept 1. 1991
sect inn '_- of the 1!)91 Aot pnn ulcr.
-A pa,+ I,op legally op,ratoig n d
.c.pahtt a...� p,�rnutte
o ..
n.t o,o,onformu�g ust on March 1 1989, is entified to
relocate to another sue in the s. ssifica
zoning district or clation
in which it a located on Marchrrl9fe), provided the relocanoo u
coropleted before the first ano,ersary of the date that the paw n
shop erased doing business at the 1--ous locaion."
§ 211.004. Compliance With Comprehensive flan
(a) Zoning regulations must be adopted in accord-
ance with a comprehensive plan and must be de-
signed to:
(1) lessen congestion in the streets,
(2) secure safety from fire, panic, and other
dangers:
(3) promote health and the general welfare,
(4) provide adequate light and air:
(5) prevent the overcrowding of land,
(61 avoid undue concentration of population; or
(7) facilitate the adequate provision of trans-
portation, water, sewers, schools, parks, and oth-
er public requirernents.
(b) Notwithstanding any provision of a city char-
ter or an adopted comprehensive plan to the con-
trary, a majority of the governing body of a mumci
pality mac adopt or amend a comprehensive plan at
any time. The policies of a comprehensive plan may
only be implemented by ordinances duly adopted be
the municipality and shall not constitute land use or
zoning regulations or establish zoning district
boundaries -
Acts 1987. 70th Leg., ch_ 144. § 1. eff Sept 1. 1987
:Amended he acts 1989. 71st Leg-, ch. 458, § 1, eff. Aug
Y8, 1989
§ 211.005. Districts
(a) The governing body of a municipality may
divide the municipality into districts of a number,
shape, and size the governing body considers best
for carrying out this subchapter- Within each dis-
trict, the governing body may regulate the erection.
construction, reconstruction, alteration, repair. or
use of buildings, other structures, or land.
(b) Zoning regulations must be uniform for each
class or kind of building in a district but the regula-
tions may vary from district to district. The regula-
tions shall be adopted with reasonable considera-
tion, among other things, for the character of each
district and its peculiar suitability for particular
301
GRA EV INE
� Mt�
A Future With A Past
June 27, 1997
Ms. Janice Gregory
Fort Worth Star Telegram
P.O. Box 1870
Fort Worth, Texas 76102
RE: Grapevine Account # CIT 25
Dear Ms. Gregory,
Please find enclosed, the following for publication on Sunday, June 29, 1997, in the Northeast Edition of the
Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only)
Item Meetina Date
Notice of Public Hearing
Z97-13 - Jay Young July 15, 1997
Notice of Public Hearing
SU97-07 - Nextel July 15, 1997
Notice of Public Hearing
CU97-33 - Lone Star Signs July 15, 1997
Notice of Public Hearing
CU97-34 - United Bank & Trust July 15, 1997
Notice of Public Hearing
CU97-36 - Hunt Properties, Inc./Mills Corp. July 15, 1997
Notice of Public Hearing
Zoning Ordinance 82-73 July 15, 1997
As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 481-
0377.
Sincerely,
Ron Stombaugh, Planner
Development Services
Enclosure
RS/tw
THE CITY OF GRAPEVINE
DEVELOPMENT SERVICES P.O. Box 95104 Grapevine, Texas 76099 • Phone Metro 817/481-0377
NOTICE OF PUBLIC HEARING FOR
CITY COUNCIL & PLANNING COMMISSION
CITY OF GRAPEVINE, TEXAS
Z97-07 - JAY YOUNG
Notice is hereby given to all interested persons that the Planning and Zoning Commission
and City Council will conduct a public hearing on Tuesday evening, July 15, 1997, at 7:30
PM at City Hall, in the City Council Chambers, Second Floor, 200 South Main Street,
Grapevine, Texas, to consider a request from Jay Young to rezone .626 Acres from "R-7.5"
Single Family District to "PO" Professional Office District. A copy of the concept plan is
on file at the Department of Development Services. The subject property is proposed to
be replatted as Lot 2B, Block 29, Original Town of Grapevine and specifically addressed
as 327 East College Street.
The property is owned by James and Sue Lawler.
SEE ATTACHED LEGAL DESCRIPTION
Ron Stombaugh
Planner
Department of Development Services
rs
z9 7-13
Date: 2-1-94
Property Description: Being the East 30 feet of Lot 2 and the West 72 feet of Lot 3,
Block 29, ORIGINAL TOWN OF GRAPEVINE, Tarrant County, Texas, according
to the Plat recorded in Volume 309, Pages 71 and 72, Plat Records,
Tarrant County, Texas.
NOTICE OF PUBLIC HEARING FOR
CITY COUNCIL & PLANNING COMMISSION
CITY OF GRAPEVINE, TEXAS
SU97-07 - NEXTEL OF TEXAS
Notice is hereby given to all interested persons that the Planning and Zoning Commission
and City Council will conduct a public hearing on Tuesday evening, July 15, 1997, at 7:30
PM at City Hall, in the City Council Chambers, Second Floor, 200 South Main Street,
Grapevine, Texas, to consider a request from Kerri Grubbs of Nextel of Texas requesting
a Special Use Permit to allow a 100 foot collocation tower with equipment building and a
waiver to Section 47.E.2. A copy of the site plan is on file at the Department of
Development Services. The subject property is platted as Lot 1 R1, Block 1, Heritage High
School Addition and specifically addressed as 5401 Heritage Avenue.
The property is owned by Grapevine-Colleyville I.S.D.
Ron Stombaugh
Planner
Department of Development Services
RS/tw
NOTICE OF PUBLIC HEARING FOR
CITY COUNCIL & PLANNING COMMISSION
CITY OF GRAPEVINE, TEXAS
CU97-33 - Lone Star Sians
Notice is hereby given to all interested persons that the Planning and Zoning Commission
and City Council will conduct a public hearing on Tuesday evening, July 15, 1997, at 7:30
PM at City Hall, in the City Council Chambers, Second Floor, 200 South Main Street,
Grapevine, Texas, to consider a request from Van R. Miller, Jr. for J. A. Green requesting
a Conditional Use Permit to amend the approved site plan to allow a twenty (20) foot pole
sign in conjunction with a freight forwarder and a waiver to Section 47.E.2. A copy of the
site plan is on file at the Department of Development Services. The subject property is
platted as Lot 1 R, Block 1 R, DFW Industrial Park Phase 5 and specifically addressed as
751 Port America Place.
The property is owned by J. A. Green.
Ron Stombaugh
Planner
Department of Development Services
RSltw
NOTICE OF PUBLIC HEARING FOR
CITY COUNCIL & PLANNING COMMISSION
CITY OF GRAPEVINE, TEXAS
CU97-34 - United Bank & Trust
Notice is hereby given to all interested persons that the Planning and Zoning Commission
and City Council will conduct a public hearing on Tuesday evening, July 15, 1997, at 7:30
PM at City Hall, in the City Council Chambers, Second Floor, 200 South Main Street,
Grapevine, Texas, to consider a request from Sam Akins for United Bank & Trust
requesting a Conditional Use Permit to allow a forty (40) foot pole sign along State
Highway 114 West and a waiver to Section 47.E.2. A copy of the site plan is on file at the
Department of Development Services. The subject property is platted as Lot 3R, Block L,
Oak Knolls Lakeview Addition and is located at 2200 State Highway 114 West.
The property is owned by United Bank & Trust.
Ron Stombaugh
Planner
Department of Development Services
RS/tw
NOTICE OF PUBLIC HEARING FOR
CITY COUNCIL & PLANNING COMMISSION
CITY OF GRAPEVINE, TEXAS
CU97-36 - Hunt Properties. Inc./ Mills Corporation
Notice is hereby given to all interested persons that the Planning and Zoning Commission
and City Council will conduct a public hearing on Tuesday evening, July 15, 1997, at 7:30
PM at City Hall, in the City Council Chambers, Second Floor, 200 South Main Street,
Grapevine, Texas, to consider a request from Al Allred for Hunt Properties, Inc. requesting
a Conditional Use Permit to amend the approved site plan to allow retail development
(Michaels) as an outparcel and a waiver to Section 47.E.2. A copy of the site plan is on
file at the Department of Development Services. The subject property is platted as Lot 1,
Block 2, Grapevine Mills Addition and addressed as 2705 Grapevine Mills Circle.
The property is owned by Grapevine Mills Limited Partnership
Ron Stombaugh
Planner
Department of Development Services
RS/tw
NOTICE OF PUBLIC HEARING FOR
CITY COUNCIL & PLANNING COMMISSION
CITY OF GRAPEVINE, TEXAS
AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 82-73
The City of Grapevine's City Council and Planning and Zoning Commission do hereby
notify each of you that a Joint Public Hearing will be conducted by both the Commission
and the City Council to consider amendments and changes to the City of Grapevine's
Comprehensive Zoning Ordinance, No. 82-73, as amended, same being Appendix D of the
Code of Ordinances of the City of Grapevine, pursuant to and in accordance with the City
of Grapevine's Comprehensive Zoning Ordinance, No. 82-73, as amended and Texas
Local Government Code, Title 7, Chapter 211 on the 15th Day of July, 1997, at 7:30
o'clock PM in the Council Chambers, Room 205, 200 South Main Street, Grapevine,
Texas. All interested parties will be given an opportunity to appear and be heard and
express their views.
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, specifically amending Section 26, Highway Commercial District relative to
outside storage uses for those properties not fronting on a state highway and Section 68,
Board of Zoning Adjustment, relative to the number of alternate members appointed to the
board, and any other additions, deletions or changes to various section, 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
481-0377.
-COMM.JOURNAL- DATE 06-27-1997 ****** TIME 11:5BAM ** P.1
MODE ~ TRANSMISSION
NO. COM SPEED NO
clol OK 1181
STATION NAME/
TELEPHONE NO.
Star Telegram
11:56HM
PAGES
SERVICES -
( FAX -200 V2.17}* - i8174248545-
-COMM. JOURNAL- DATE 06-27-1997 *:* TIME 01:11PM ** P.1
MODE = TRANSMISSION START=06-27 01:10PM END=06-27 Ell:llPM
NO. COM SPEED NO STATION NAME` PAGES
TELEPHONE NO.
oE'il OK I16J Star Telegram 0Et3
-DEVELOPMENT SERVICES -
C FAX -200 V2. 17) * - 1 B174 ='40545-
stameilegram
400 W. SEVENTH STREET . FORT WORTH, TEXAS 76102
FEU. I.U. IVU. 22-J 14b254
AD ORDER NO. 11259936
ACCOUNT NO. CIT 2 5
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star -Telegram, published by the Star -Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE I AD ORDER NO.
6/29ME 1125993
NOTICE OF PUBLIC
CW
N 11r F. PLAN PLANNING
COMMISSION
_ CITY OF GRAPEVINE,
TEXAS
AMENDMENTS TO
S1
DESCRIPTION
NOTICE OF PUBLIC I358
106/29-106/29 1_
AD SIZE
Lx 75L
he City of Grapevine's C
ning ity
Council and Planand D ACCOUNT
/A f i v' j ff
ZoningB Commission do here- A l O U) V I it
by notify each of you that a
Joint Public Hearing will be _
conducted by both the Com- �,
missioneCity Council Cts
to consider amendments
and chantfes to the City of
Grap8V1O8 s Comprehensive
tonin¢ Or nanea Nn R9_
iE RATE
75 1.32
BMW
- "".' `,� QSWORN TO BEFORE ME, THIS THE 1st DAY OF JULY 1997
Title 7 Chapter 211 on the
lit
day of July, 1997, at - -- --- -
7:30 o'clock PM in the Coun-
cil Chambers, Room 205,x-
200 South Main Street,
Grapevine,Texas All inter ,��y t ) Notary Public �� V
ested parties will be given
an -.opportunity' to appear
and be heard and express
their views. y }"
The City Council and the Com- °' ` ` } TARRANT COUNTY TEXAS
mission will consider amend- ' 3
ments and changes to the _
Comprehensiv_e_Zgning Ordi-I-----""--
to outside storage us -
r those properties not
IR on a state hiahwav
ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -
CITY OF GRAPEVINE
CITY SECRETARY
PO BOX 95104
GRAPEVINE, TX 76099-9704
® 400 W. SEVENTH ST.. FORT WORTH, TEXAS 76102
NEM BER CIT25 99.00
IF ANY QUESTIONS, PLEASE CALL (817) 390-7885
PLEASE PAY
THIS AMOUNT Poo. 99.00
PLEASE WRITE IN AMOUNT ENCLOSED
to the number of alternate
members appointed to the
board, and any ,other addi-
tions, deletions or changes
to
various section, articls'
and provisions contained ein
said Ordinance No. 82-73.
Iram
After all parties have been giv-
en an opportunity to speak,
the public hearing will be
closed and the Commission
and the City Council will de-
liberate the pending mat-
ters.
Please contact the Depart-
ment of Development Servic- PAGE 1 01
es concerning any ques-
tions, 200 South Main
9 J
Street, Grapevine; Texas
76051. or P.O. Box 95104,
Grapevine, Texas ,76099,
481-0377.
CITY OF GRAPEVINE
CITY SECRETARY
PO BOX 95104
GRAPEVINE, TX 76099-9704
® 400 W. SEVENTH ST.. FORT WORTH, TEXAS 76102
NEM BER CIT25 99.00
IF ANY QUESTIONS, PLEASE CALL (817) 390-7885
PLEASE PAY
THIS AMOUNT Poo. 99.00
PLEASE WRITE IN AMOUNT ENCLOSED