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HomeMy WebLinkAboutItem 04 - AM06-02 Zoning Ordinance AmendmentsZoning Ordinance Amendment AM06-02 - Amendments to the Zoning Ordinance; Section 51, Requirements for open space and recreational areas and Section 20, "R-TH" Townhouse District relative to Requiring Dedicated Open Space in the "R-TH" Townhouse District; Section 60, Sign Regulations relative to roof signs worksession authorized Staff to set a public hearing for consideration of the proposed amendments to Section 51 and Section 20. See the attached draft amendments. Section 60, Sign Standards makes no special provision for a "roof sign," i.e. those signs that are painted on the roof of a building which are primarily viewed from the air. Specifically they have been prohibited since they were not allowed by ordinance. Staff has increasingly been receiving requests to allow this type of sign and it has been allowed in some special circumstances, e.g. Grapevine Mills Mall, Fellowship Church, and some GCISD school buildings. Given that these types of signs are totally unobtrusive except when viewed from above, Staff recommends they be exempt from the standards set forth in Section 60 with the provision that the painted roof sign cannot be viewed from the property line, right-of-way or public access easement and that a permit be required for this type of signage. At the Planning and Zoning Commission's February 16, 2006 work session Staff was authorized to set a public hearing for consideration of the proposed amendment to Section 60. See the attached draft ordinance. /rs 0:\ZCU\AM06-02.4 2 03/16/06 8:30 AM 03-21-06 A. PURPOSE: The requirements for open space, park and recreational areas contained in this Section 51 are intended to ensure that in new residential developments in the City of Grapevine there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of the development for open space, and neighborhood parks, containing passive or active recreational areas that are reasonably attributable to such development. In determining the size of the parcel, or parcels, that should be set aside and reserved in the manner set out in this Section 51 the City Council has taken as a benchmark the standards of the National Recreation and Park Association. It is the policy of the City that when land is dedicated or otherwise set aside and reserved for open space and park and recreational areas, such land should be in close proximity to the residential development it is designed to serve and shall be of such size, character, and dimensions as is necessary to provide usable open space and park and recreational areas. B. APPLICATION: A certificate of zoning compliance shall not be issued for any residential subdivision or development unless open space and park and recreational areas shall have been dedicated or set aside on the subdivision plat or in the plan for such development in accordance with the standards and criteria in this Section 51. 1. Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use proposed, e.g., open space buffer, active recreation for team or individual sports, playground, tot lot, picnic area, etc. 2. Unique natural areas or flood plains which provide an opportunity for linkage parks may be included in areas dedicated or otherwise set aside or reserved for open space. 3. The minimum amount of open space and park recreational area that shall be dedicated or otherwise reserved pursuant to this Section 51 shall be: a) In the R-20, R-12.5, R-7.5, a-nd R-5.0 Districts, and R-TH Districts, three hundred (300) square feet per dwelling unit. b) In all other residential districts, including the PRD -6 and PRD -12 Districts, the open space and recreational area requirements shall be 021006 1 Section 51 DRAFT COPY observed. 4. No land dedicated or otherwise reserved in compliance with this Section 51 shall have dimensions smaller than one hundred (100) feet in width and one hundred fifty (150) feet in depth. In any development which includes wooded areas, flood plains, or other natural amenities which it is desirable to maintain, the City Council may grant an exception from the strict application of these minimum dimensions whenever it determines that by doing so the protection and preservation of such areas will be promoted. D. PLATTING REQUIREMENTS: The Director of Parks and Recreation, a designated Parks and Recreation board member, and a member of the Planning and Zoning Commission and the City Council shall compose an Open Space Committee. The City Council representative shall be an ex officio, non-voting member of the committee. The Open Space Committee shall have a plat review meeting regarding each proposed land donation prior to it being submitted to the City Council. Any land dedicated or otherwise reserved under this Section 51 for open space park and recreational area shall be shown on a plat submitted for approval by the Planning and Zoning Commission and City Council. Upon approval, said plat shall be filed of record in the county in which the property is located. The City Council may, upon application by a developer, or other person or firm with a legal interest in the land to be developed, allow the open space and park and recreational areas required by this Section 51 to be restricted to the use and enjoyment of residents of the particular development or subdivision. The City Council may grant such request whenever it finds: (1) that the public open space and park and recreational areas required by this Section 51 cannot be effectively and efficiently integrated into the public park system of the City; (2) that the open space and park and recreational needs of the residents of the development or subdivision can be supplied by the reservation of private open space and recreational areas at least as adequately as by the dedication of public park land; and, (3) that the developer or subdivider has complied, or will comply, with the requirements of Section 51.F., below. Such open space and park and recreational areas shall be clearly noted on the plat or master development plan as "Private Open Space or Private Recreational Land" at the time of submission to the City for action by the Planning and Zoning Commission and City Council. E. PAYMENT OF CASE IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND RECREATIONAL AREAS: In any case in which the land required to be dedicated or otherwise reserved by this Section 51 would be less than thirty thousand (30,000) square feet, the developer or subdivider shall, and in all other instances the City Council may, upon finding that the park and recreational needs of a proposed development would be better served by the expansion or improvement of an existing park, require that the developer or subdivider pay the City of 021006 2 Section 51 DRAFT COPY 03-21-06 Grapevine a sum of money that is equal to the fair market value of the land that would be required to be dedicated or otherwise reserved for open space or park and recreational areas pursuant to this Section 51 in lieu of such dedication or reservation. A developer or subdivider may, with the consent of the City Council, as an alternative to, and in lieu of, dedicating or otherwise reserving land for open space or park and recreational purposes, pay the aforesaid sum to the City of Grapevine. Said payment shall be made in the form of a cashier's check or other cash equivalent including an irrevocable letter of credit on a form approved by the City Attorney and with a bank or financial institution acceptable to the City and delivered to the Director of Community Development. Said payment shall be due before the City approves any construction plans far work authorized by Appendix E., or when construction plans are not required by Appendix E., payment shall be due at the time the plats are accepted for filing. Title to all payments, in whichever approved form of payment is used, shall vest in the City immediately upon approval of the final plat by the City Council. All such payments: (1) shall be segregated in a separate fund and used only for the acquisition and improvements of open space and park and recreational areas within the City of Grapevine that will meet the needs of the residents of the development or subdivision in respect of which such payment was made; (2) shall be expended on the acquisition or improvements of park land that is not more than one mile from the development or subdivision, or within two miles from the development or subdivision in the event the City Council determines and finds that it is not feasible, practical or advantageous to expend the funds within the one mile distance; (3) if not expended within three years of receipt, or unconditionally committed to be expended, shall be refunded to the developer or subdivider. F. MAINTENANCE: If the open space and recreational areas required by this Section 51 are to remain private, such areas shall be maintained by and deeded to a homeowners' association, or a trustee. No plat or master development plan containing a reservation of private open space and recreational areas shall be approved until the applicant shall have filed with the Zoning Administrator a declaration of the covenants and restrictions that will govern such association or trustee, and received approval of the same from the Planning and Zoning Commission and the City Council. Such instrument shall be approved by the City Attorney as to legal form and effect, and by the Planning and Zoning Commission as to the suitability of the proposed use of the proposed open space and recreational areas. The covenants and restrictions, when submitted, shall provide for establishment of the homeowners' association or trust prior to the sale of any property; that open space restrictions and maintenance shall be permanent; that the homeowners are liable for the payment of maintenance fees and capital assessments; that unpaid homeowners' fees and assessments will be a lien on the property of the delinquent homeowners; that the association or trustee shall be responsible for liability 021006 3 Section 51 DRAFT COPY 03-21-06 insurance, taxes and perpetual maintenance; that membership shall be mandatory for each homeowner and any successive buyer; and, that each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions. 021006 4 Section 51 O. 03-21-06 Section 20. R-TH Townhouse District Regulations PURPOSE: The R-TH Townhouse District is established to accommodate the variable dwelling concepts which currently exist in the residential marketplace. This district includes medium density residential development that is single-family, on separately platted lots with frontage onto publicly dedicated streets, and typically owner -occupied. USES GENERALLY: In an R-TH 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. Single-family attached dwellings. 2. Churches, convents, and other places of worship. 3. Parks, playgrounds, and nature preserves, publicly owned. 4. Public utility uses required to service the district. 5. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the City for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of ninety-five (95) percent of the lots in the subdivision. 6. Model homes and model home parking lots are permitted as a temporary use in new subdivisions, provided a notice is continually posted in a prominent place in a livable area in the home and the owner signs an affidavit on a form approved by the Director of Community Development affirming compliance with all the regulations of this Section. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to dwelling units provided that none shall be a source of income to the owner or user of the principal family dwelling: 1. Private swimming pools and tennis courts no closer than seventy-five (75) feet to any adjacent residential district. 2. Cabana, pavilion, or roofed area. 021006 1 Section 20 RAFT COPY 03-21-06 3. Meeting, party, and/or social rooms in common areas only. 4. Off-street parking and private garages in connection with any use permitted in this district. 5. One storage building per dwelling unit one hundred (100) square feet or less, and having no plumbing. 6. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. No accessory uses may be located between the building line and the front property line. Private garages on lots having a minimum width of less than forty (40) feet must be entered from the side or rear. Said lots shall not have driveways on or within the front building setbacks. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. Public and non-profit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Non-profit community centers and swimming pools and tennis courts no closer than seventy-five (75) feet to any adjacent residential district. 3. Memorial gardens and cemeteries. 4. Public and private noncommercial recreation areas and facilities such as country clubs and golf courses excluding miniature golf courses and driving ranges. 5. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. 021006 2 Section 20 D. LIMITATION OF USES: 03-21-06 1. There shall be a separate platted lot of record for each townhouse dwelling unit. 2. Not more than three (3) persons, unrelated by blood or marriage may occupy residences within a R-TH District. 3. Storage of mechanical, maintenance or farm equipment incidental to any permitted or conditional use shall be screened in accordance with the provisions of Section 50, Alternate B or E, from any adjacent residential development or use. 4. Private or public alleys shall not be located in the twenty-five (25) foot required rear yards. Whenever rear access or parking is provided, access shall be from a platted alley or easement. 5. No Storage boxes or any other containers to be picked up or dropped off by curbside self -storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding seventy-two (72) consecutive hours, and not more than two (2) instances during any thirty (30) day period. 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 density requirements shall apply: 1. MAXIMUM DENSITY: The maximum density within the R-TH District shall not exceed nine (9) dwelling units per gross acre. 021006 3 Section 20 t 1► 2. LOT SIZE: Lots for any permitted use shall have a minimum area of three thousand (3,000) square feet. No R-TH District shall be created on an area of less than one (1) acre in size. 3. MINIMUM • • devoted buildings, structures -or •parkinA area be . • to -grass, trees,gardeens shrubs or other suitable landscap - twenty material. In addition, all developments shall reserve open space in accordance with the provisions of Section 51. Not less th O.. by - .. MEE 4. MAXIMUM BUILDING COVERAGE: The combined area occupied by all main and accessory buildings and structures shall not exceed forty (40) percent of the total lot area. 5. MAXIMUM IMPERVIOUS AREA: The combined area occupied by all main and accessory buildings or structures shall not exceed eighty (80) percent of the total lot area. 6. MINIMUM FLOOR AREA: Every townhouse dwelling unit hereafter erected, constructed, reconstructed, or altered in this dwelling district shall have at least 1200 square feet of floor area, excluding common corridors, basements, open and screened porches, and garages. G. AREA REGULATIONS: The following minimum standards shall be required: The front yard will have a depth of twenty-five (25) feet. 2. The rear yard will have a depth of twenty-five (25) feet. 3. No side yard width is required except for the following: a. A minimum side yard of fifteen (15) feet shall be required for each end unit in a row of townhouses containing three (3) or 021006 4 Section 20 DRAFT COPY 03-21-06 products. b. It shall be an affirmative defense to prosecution under this section if the owner of the vehicle can show through a log or other documentation made contemporaneously with the vehicle usage that the primary use of the vehicle is for delivery of the goods or services identified on the vehicle, or other bona fide business transportation. Primary use shall mean more than 50% of the total hours such vehicle is in use. C. Exceptions: 1. Vehicle identification signs attached to or painted upon a vehicle used for delivery or bona fide business transportation. 2. Political signs in or upon a motor vehicle when not illuminated. 14. USE OF OBJECTS AS SIGNAGE. Displaying, elevating, or continuously moving objects such as cars, trucks, vans, or boats or other similar objects for the purpose of identifying, advertising or drawing notice to a place of business shall not be permitted. No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control -sign, signal or device, or where it may interfere with, mislead or confuse traffic. 2. No sign shall be located in any vision triangle formed by the center lines of any two (2) intersecting streets. At any intersection where at least one of the intersecting streets is an arterial street (as defined in the Thoroughfare Plan of the City of Grapevine) the sides of the triangle formed by the center lines of the intersecting streets shall be one hundred -twenty (120) feet in length as measure outward from the point of intersection of such center lines along such center lines. At all other intersections, each of such sides shall be eighty (80) feet in length. The following signs shall be exempt from the requirements of this section: (a) Flags, or emblems of a government or of a political, civic, 021006 Section 60 11 FT COPY 03-21-06 philanthropic, educational or religious organization, when displayed on private property. 1) Flags or emblems of a business or corporation when displayed on private property and accompanied by both the national flag and the state flag. One business or corporate flag shall be permitted per lot of record. All flags displayed must follow the rules of standard flag etiquette and all business or corporate flags shall be no larger than the accompanying national or state flag. (b) Signs of a duly constituted governmental body for traffic or similar regulatory devices, legal notices, warnings at railroad crossings, recreational scoreboards for football, baseball fields or other sports attractions, and city park signage; and other instructional or regulatory signs having to do with health, hazards, parking, dumping, etc. Off premise signs or commercial billboards shall not be exempt from this section. (c) Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. (d) Small signs, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restroom, freight entrances, and the like, (shall) conform to the following regulation: (1) The maximum height of the sign shall be forty-two (42) inches. (2) A company logo or name shall not exceed ten percent (10%) of the sign. (3) Directional signs, i.e., enter, exit, drive-through, shall have an arrow indicating the direction of travel. (4) The maximum gross surface of the sign cabinet shall be five (5) square feet. (e) Scoreboards in athletic stadiums. (f) Temporary political signs regulated by Chapter 20, Article 11, Division 3, of the Grapevine Code of Ordinances. 021006 Section 60 12 (g) Signs in the right-of-way regulated by Chapter 20, Article I, 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 two (2) weeks 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 two (2) week 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 extend the two week period 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. Q) On -premises signs for hospitals as defined in Section 12.A.196 of this Ordinance. (k) Historic Replica Signs: A sign designed to replicate or duplicate a documented, previously existing sign. Such sign shall be located in a designated historic district and must receive a certificate of appropriateness from the Historic Landmark Commission and a permit shall be required On premise skinage consisting of painted roof sig-ris when n(M propertyvisible from the subject public access easement. A permit shall be required for this for of slig-nage. 91 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 021006 Section 60 13 190 l9 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 20, "R-TH" TOWNHOUSE DISTRICT, SECTION 51, REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL AREAS 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 20, "R-TH" Townhouse District is hereby amended by amending paragraph F. Density Requirements, subparagraph 3. Minimum Open Space in its entirety, to read as follows: 113. All areas not devoted to buildings, structures or off-street parking areas shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the provisions of Section 51." B. That Section 51, Requirements for Open Space and Recreational Areas is hereby amended by amending paragraph C. Character and Minimum Area, subparagraph 3.(a), to read as follows: "3.(a) In the R-20, R-12.5, R-7.5, R-5.0, and R-TH Districts, three hundred (300) square feet per dwelling unit." C. That Section 60, Sign Standards is hereby amended by amending paragraph E. Exemptions with the addition of subparagraph 1.(I) to read as follows: "1.(I) On premise signage consisting of painted roof signs when not visible from the subject property line, public right-of-way, or public access easement. A permit shall be required for this form of signage." Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of March, 2006. ATTEST: ORD. NO. 2 APPROVED AS TO FORM: