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HomeMy WebLinkAboutItem 05 - AM08-03 Zoning Ordinance Amendments CO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER 2 SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JANUARY 20, 2009 SUBJECT: ZONING ORDINANCE AMENDMENT AM08-03—AMENDMENTS TO THE ZONING ORDINANCE; SECTION 53, LANDSCAPING REGULATIONS RELATIVE TO IRRIGATION SYSTEMS, SECTION 55, PERFORMANCE STANDARDS RELATIVE TO OUTDOOR SPEAKERS AND ALL OTHER RELEVANT ZONING DISTRICTS AND SECTION 60, SIGN REGULATIONS RELATIVE TO FORTY FOOT POLE SIGNS ALONG WILLIAM D. TATE AVENUE RECOMMENDATION: Staff recommends the City Council and the Planning and Zoning Commission consider the amendments to Section 53, Landscaping Regulations, Section 55, Performance Standards and all other relevant zoning districts, and Section 60, Sign Standards and take any other action necessary. BACKGROUND INFORMATION: Section 53, Landscaping Regulations: Currently in Section 53, any type of required landscaping must simply be "maintained" i.e. mowing, edging, pruning, fertilizing, watering and weeding and other such activities common to the maintenance of landscaping. There was no specific requirement that an in-ground sprinkler/irrigation system be installed. Staff has modified Section 53, Landscaping Regulations, to include a statement that an automatic in-ground irrigation system with rain and freeze sensory capability be installed for all required landscaping. The Planning and Zoning Commission at their December 9, 2008 work session authorized Staff to set a public hearing for consideration of the proposed amendments to Section 53. Please see the attached draft ordinance. Section 55, Performance Standards: Section 55, Performance Standards establishes regulations relative to acceptable levels of noise and light that may be generated on property within the City. Gaylord Texan's large outdoor pad site brought up the issue of outdoor speakers which Section 55 does not specifically address. Although measurements can be taken to determine whether or not O:\ZCU\AM08-03.4a I 01/13/09 10:34 AM a specific area is in compliance, it is generally accepted that any sound generating device on non-residential property should face away from any nearby residentially zoned property to minimize the perceived intrusion of sound regardless of its actual measured level. As a preventative method to address outdoor speaker use in areas adjacent to residentially zoned property, the Planning and Zoning Commission at their December 9, 2008 work session authorized Staff to set a public hearing for consideration of the proposed amendments to Section 55 and all other relevant zoning districts to require as a conditional use all proposed uses associated with outdoor speakers. Please see the attached draft ordinance. Section 60, Sign Standards: Section 60, Sign Standards, prohibits 40-foot pole signs within the area along William D. Tate Avenue adjacent to State Highway 121, south of Timberline Drive, south to the city limit line. Staff has received requests for taller signs along William D. Tate Avenue. Staff conducted a windshield survey of the signage within the neighboring cities at the south city limit line and determined that existing signage within the neighboring cities exceeds the City of Grapevine standards. At an August 14, 2008 workshop, the Commission generally agreed on new wording relative to pole signs greater than 20-feet in height on William D. Tate Avenue south of the State Highway 121/360 intersection. The wording included consideration of signs up to 40-feet as a conditional use request associated with a planned commercial center that are multi-tenant in design and conform to the architectural standards of the shopping center. In addition to the sign height, the width of the support structure was also considered. At the Planning and Zoning Commission's December 9, 2008 work session, Staff was authorized to set a public hearing for consideration of the proposed amendment to Section 60. The draft amendment creates an opportunity for an owner of a multi-tenant shopping center with a planned commercial center designation to petition the City Council for a 40-foot multi-tenant sign in an area of the City which the maximum height is restricted to 20-feet. The ordinance also requires an enclosure for the base of the sign and for the base to be at least 50% of the width of the sign cabinet or the same width of the cabinet depending upon height of the cabinet. Please see the attached draft ordinance. /at 0:1ZCU\AM08-03.4a 2 01/13/09 10:34 AM DRAFT SECTION 23, LIMITED BUSINESS DISTRICT 010909 C. CONDITIONAL USES: The following uses may be permitted provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 1. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B of this Ordinance. 2. Drive-in and drive-through restaurants. 3. Schools and studios for art, dancing, drama, music, photography, interior decorating, or reducing. 4. Food and convenience stores, including prepared food carry-out service,that provide additional parking needed by that service. 5. Professional and business offices. 6. Banks and financial institutions. 7. Any use allowed within this district with drive-in or drive-through service. 8. Call centers. 9. Any use allowed within this district with outdoor speakers. D. LIMITATION OF USES: 1. All activities of permitted uses except automobile parking lots, shall be conducted entirely within a completely enclosed building. 2. No individual retail store or personal service establishment shall have a floor area open to the public, including display, service and sales, greater than twenty-five hundred (2,500) square feet. 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. 062308 2 Section 23 DRAFT SECTION 23A, GRAPEVINE VINTAGE DISTRICT 010909 C. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 1. Winery 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. 2. 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. 3. Restaurants and restaurants with outside dining, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of the Ordinance. Drive-in and drive-through restaurants shall not be allowed. 4. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of this Ordinance. 5. Inn. 6. Outdoor commercial amusements such as golf driving ranges, miniature golf, archery, and croquet. 7. 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.B. 8. Planned Commercial Centers. The total retail or commercial shopping floor area on any lot or parcel whose aggregate gross floor area not exceeding one hundred thousand (100,000)square feet. All individual users shall have the same floor area limitations as noted in Section 23A.A. 9. Any use allowed within this district with outdoor speakers. D. LIMITATION ON USES: 1. The GV district is intended for specialty retail shopping and service facilities 041701 3 Section 23A DRAFT SECTION 24, NEIGHBORHOOD COMMERCIAL DISTRICT 010909 9. Any individual retail store, office, personal service establishment, restaurants,or other uses provided for in Section 24.A.with a floor area open to the public, including display, service and sales, greater than ninety-five hundred (9,500) square feet. 10. Personal Care Facilities. 11. Any use allowed within this district with drive-in or drive-through service. 12. Inns 13. Outside display and sales of merchandise. 14. Call centers. 15. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 16. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 (three thousand) square feet in area. 17. Any use allowed within this district with outdoor speakers. 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. 111808 Section 24 3 DRAFT SECTION 25, COMMUNITY COMMERICAL DISTRICT 010909 approve a request to establish different amounts and methods than established in Section 25.F., Section 25.I., Section 53.H., Section 53.1., and Section 60. 16. Restaurant with outside dining and/or drive through. 17. Hotels and motels. Hotels approved prior to January 18, 2005 shall be deemed a lawful, permitted use and shall have the same status as that authorized pursuant to this Ordinance; provided, however, no such building, structure, or use shall be altered, changed or expanded unless a conditional use permit therefore has been granted pursuant to this ordinance. 18. Winery with alcoholic beverage sales with on-premise and off-premise consumption, provided a special permit is issued in accordance with Section 42.B of the ordinance. 19. Structures in excess of fifty(50)feet in height. However, this provision shall only apply to properties located east of Ruth Wall Street, Loop 382, and Fairway Drive. 20. Outside display and sales of merchandise. 21. Call centers. 22. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 (three thousand) square feet in area. 23. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 24. Any use allowed within this district with outdoor speakers. D. LIMITATION ON USES: 1. Whenever the C-C Community Commercial District is utilized for hotel-motel office or hospital use, the minimum open space shall be increased to thirty (30) percent of the total lot area. 2. Vehicular use or storage areas other than required parking associated with permitted uses such as automobile sales and service, boat sales, building 4 111808 Section 25 DRAFT SECTION 26, HIGHWAY COMMERCIAL 010909 15. Automobile washing business: automatic, coin-operated or moving line wash. 16. Outdoor commercial amusements such as golf driving ranges, miniature golf, archery 17. Gasoline service station. 18. Feed and grain sales within a completely enclosed building. 19. Boat and marine sales and/or service with outside display. 20. Job printing or newspaper establishments. 21. Hotels and motels. Hotels approved prior to January 18, 2005 shall be deemed a lawful, permitted use and shall have the same status as that authorized pursuant to this Ordinance; provided, however, no such building, structure, or use shall be altered, changed or expanded unless a conditional use permit therefore has been granted pursuant to this ordinance. 22. Automotive State Inspections facility. 23. New and used golf and utility cart sales and services, both electric and gasoline powered, with outside display and outside storage. 24. Outside display and sales of merchandise. 25. Call centers. 26. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 27 Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 (three thousand) square feet in area. 28. Any use allowed within this district with outdoor speakers. D. LIMITATION OF USES: 1. Residential structures and uses are expressly prohibited in the HC Highway 111808 Section 26 4 DRAFT SECTION 26, HIGHWAY COMMERCIAL 010909 (b) Conditional Use 1. Commercial off-street parking lots for passenger vehicles less than one ton carrying capacity. 2. Alcoholic beverage sales provided a Special Permit is issued in accordance with Section 42.B. of this Ordinance. 3. Public or private storage garages, including mini storage warehouses. 4. Restaurant with outside dining. 5. Plumbing supply with a completely enclosed building. 6. Automobile washing business; automatic, coin-operated or moving line wash. 7. Drive-in and drive-through restaurants. 8. Feed and grain sales within a completely enclosed building. 9. Job printing or newspaper establishments. 10. Automotive State Inspections facility. 11. Outside display and sales of merchandise. 12. Any use allowed within this district with outdoor speakers. (c) Prohibited Uses 1. 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.B. 2. Pawn Shops. 111808 Section 26 6 DRAFT SECTION 27, PROFESSIONAL OFFICE DISTRICT 010909 C. CONDITIONAL USES: 1. Restaurants, including alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of the Ordinance. Drive-in and drive-through restaurants shall not be allowed. 2. Funeral homes and mortuaries. 3. Personal Care Facilities. 4. Any use allowed within this district with drive-in or drive-through service. 5. Planned Professional Office Centers 6. Owner or caretaker residential facilities having accommodations for and occupied by only one family within a single professional office building. 7. Call Centers. 8. Public institutions and nonprofit institutions of any educational, religious or cultural type, including private and charter schools, but excluding corrective institutions and hospitals. 9. Any use allowed within this district with outdoor speakers. D. LIMITATIONS OF USES: None specified. 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 111808 3 Section 27 DRAFT SECTION 28, CENTRAL BUSINESS DISTRICT 010909 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.B 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.B. 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 as which are handmade or handcrafted. 6. Restaurants, delicatessens, bakeries, and coffee shops including those with outside dining. 7. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 (three thousand) square feet in area. 8. Any use allowed within this district with outdoor speakers. D. LIMITATION OF USES: No uses, other than uses existing at the date of this Ordinance, which require extensive off-street parking, shall be permitted unless adequate off-street parking, consistent with Section 56 of this Ordinance, is provided. Including but not limited to call centers. E. PLAN REQUIREMENTS: Any new development in the CBD District shall require a Site Plan in accordance with the provisions of Section 47 of this Ordinance. F. DENSITY REQUIREMENTS: The following density requirements shall apply: 111808 Section 28 3 DRAFT SECTION 28A, HISTORIC GRAPEVINE TOWNSHIP 010909 4. Outdoor refuse storage areas shall be landscaped and screened in accordance with Section 50.B.3. Outdoor refuse storage areas shall not be located between the front of the building and any right-of-way. 5. Living quarters in conjunction with uses permitted in Section 28A.A.and 28A.C. C. CONDITIONAL USES: The following uses may be permitted provided the building or structures approved with the conditional use permit are (1) historic building, defined by the National Register of Historic Places and/or the Historic Preservation Commission as a "contributing" building or structure to the historic district,or(2)new or rehabilitated building that has been approved by the Historic Preservation Commission as compatible with the historic district. These compatible buildings would not be contributing to the National Register district (because they are not "historic") but they will be visually compatible with the neighborhood, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to, Section 48 of the Ordinance. 1. Bed and Breakfast facility. 2. 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. 3. Any use allowed within this district with outdoor speakers. D. LIMITATION OF USES: 1. All activities of permitted uses except automobile parking lots, shall be conducted entirely within a completely enclosed building. 2. The hours of operation for all uses provided for in Section 28A.C., with the exception of Section 28A.C.1., shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. E. PLAN REQUIREMENTS: No application for a building permit for construction or alteration of a principal or accessory building or exterior alteration to a principal or accessory building shall be approved unless: 032398 2 Section 28A DRAFT SECTION 29, HOTEL AND CORPORATE OFFICE 010909 C. CONDITIONAL USES: The following conditional uses may be permitted provided a Conditional Use Permit is issued pursuant to, Section 48 and the following minimum standards are met: 1. Educational institutions, public and private. 2. Regional trade center facilities including combined office-showrooms facilities, office-warehouse facilities and display area, provided that the following rations of office to other floor area are not exceeded: a. Office and showrooms: Not more than sixty (60%) percent of total floor area shall be devoted to showroom space. b. Office and warehouses: Not more than fifty (50%) percent of total floor area shall be devoted to warehouse space. c. Display or exhibit: Not more than seventy-five (75%) percent of total floor area shall be devoted to display or exhibit space. 3. Convenience Stores, including gasoline sales, prepared food carry-out service with alcoholic beverage sales of off-premise consumption of beer only, provided a special permit is issued in accordance with Section 42.B of the Ordinance. 4. Alcoholic beverages, provided a special permit is issued in accordance with Section 42.B of this Ordinance. 5. Planned Commercial Centers. 6. Hotels and motels. Hotels approved prior to January 18, 2005 shall be deemed a lawful, permitted use and shall have the same status as that authorized pursuant to this Ordinance; provided, however, no such building, structure, or use shall be altered, changed or expanded unless a conditional use permit therefore has been granted pursuant to this ordinance. 7. Winery 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. 8. Call centers. 9. Any use allowed within this district with outdoor speakers. D. LIMITATION OF USES: None specified. 062308 3 Section 29 DRAFT SECTION 30, RECREATION/AMUSEMENT 010909 11. Racquet and swim clubs. 12. Restaurants with drive through and/or outside dining. 13. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. of this Ordinance. 14. Rodeo facilities. 15. Yacht clubs and/or marinas. 16. Zoos and zoological facilities. 17. Any recreational or amusement uses not included in any of the other commercial districts, whether indoor or outdoor, provided that all such uses are not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise, or vibration shall be permitted, except when such is clearly incidental and subordinate to the conduct of the permitted use. 18. Health spas and physical fitness centers with outdoor activities. 19. Outdoor roller and inline skating rinks. 20. Any use allowed within this district with outdoor speakers. D. LIMITATION ON USES: 1. Any proposed activity on Corps of Engineers property located in the RA Recreation/Amusement District must also meet the requirements of the U. S. Army Corps of Engineers. 2. Archery ranges. 3. Firearm ranges. E. PLAN REQUIREMENTS: No application for a building permit for construction of a building or structure 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. 041701 3 Section 30 DRAFT SECTION 31, LIGHT INDUSTRIAL 010909 listed in Section 31.D., Limitation of Uses. 10. Animal kennels with indoor and outdoor runs. 11. Retail and repair establishments for the sale and repair of new and used heavy trucks, tractors, mobile homes, heavy machinery and equipment,farm equipment, and similar uses. 12. Construction trade offices with storage yards. 13. Miscellaneous outside land uses such as express offices, commercial parking lots and parking garages, truck stops, freight movers, motor bus, truck, train, or other transportation terminals and related uses. Outside uses associated with any of these uses shall be permitted, except for outside repair of mechanized equipment. 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 Rental 16. Building trades contractor within a completely enclosed building,with storage yard for materials and equipment. 17. Commercial laundry and dry cleaning establishments. 18. Mobile home sales, storage, lease and repair. 19. Outside display camper sales and camper trailer sales and service, lease, and rental. 20. Sale and rental of heavy machinery and equipment. 21. Truck and trailer rental. 22. Planned Industrial Center 23. Any use allowed within this district with outdoor speakers. 111808 4 Section 31 DRAFT SECTION 32, BUSINESS PARK . 010909 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. Planned Business Parks in accordance with Section 32.N., Planned Business Park Provisions. 2. Alcoholic beverage sales, provided a special permit is issued in accordance with Section 42.B. of the Ordinance. 3. Retail gasoline sales or gasoline service stations and related convenience store and automated car washes. 4. Restaurants with outside dining. 5. Hotels or motels. Hotels approved prior to January 18, 2005 shall be deemed a lawful, permitted use and shall have the same status as that authorized pursuant to this Ordinance; provided, however, no such building, structure, or use shall be altered, changed or expanded unless a conditional use permit therefore has been granted pursuant Aotook to this ordinance. 6. Indoor commercial amusements. 7. Call centers. 8. Any use allowed within this district with outdoor speakers. D. LIMITATION OF USES: The following uses shall not be permitted within this District. 1. Any proposed use located in the BP Business Park District shall meet the requirements of Section 55, Performance Standards. 2. Uses listed in Section 31.D., LI Light Industrial District shall not be permitted within this district. 3. The storage of equipment, materials or vehicles, including abandoned vehicles,which are not necessary to the uses permitted in this district. 4. Freight forwarding. > 062308 4 Section 32 DRAFT SECTION 38, GOVERNMENTAL USE 010909 C. CONDITIONAL USES: The following conditional uses may be permitted provided a Conditional Use Permit is issued pursuant to Section 48. 1. Government maintenance facilities. 2. Public utility facilities. 3. Jails, detention facilities or work camps. 4. Public incinerators. 5. Sanitary landfills. 6. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B. 7. Airports and airport-related facilities and services including, but not limited to, terminals, runways, taxiways, tramways, airport hangers, warehouses, heliports, helistops, service establishments catering to the airport and airport- related facilities and excavation or fill for any airport related facility. 8. Any use allowed within this district with outdoor speakers. D. LIMITATION OF USES: None required. E. PLAN REQUIREMENTS: No application for a building permit for construction of a building or structure 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. GOVERNMENTAL IMMUNITY: 1. Upon petition of the applicant, the City Planning and Zoning Commission may recommend, and the City Council may officially recognize that the applicant is immune from compliance with specific provisions of the City 120589 2 Section 38 DRAFT SECTION 40, MIXED USE DISTRICT 010909 C. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of Section 48 of the Zoning Ordinance, and a Conditional Use Permit is issued, and is strictly in accordance with an approved Site Plan as provided herein below. 1. Day care facility. 2. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.B of the Zoning Ordinance. 3. Health clubs. 4. Retirement home. 5. Medical offices. 6. Banks with drive through service. 7. Retail sales of secondhand goods in an enclosed building where the size of the space exceeds 3,000 (three thousand square feet in area. 8. Any use allowed within this district with outdoor speakers. D. REQUEST FOR MIXED USE DISTRICT ZONING CLASSIFICATION: The procedure to follow to establish a Mixed Use Zoning (MXU) classification shall be the same as that required to amend, repeal or alter the zoning on a tract, or parcel of land as specified under Section 48 of the Zoning Ordinance relating to Conditional Uses, except as otherwise provided for herein. In the event of a conflict between Section 48 and this ordinance, the terms of this ordinance shall take precedence. MXU zoning shall permit development only in accordance with a Site Plan that has been approved by the City Council. Property zoned MXU may only be used and/or developed in accordance with its approved Site Plan. No amendment(s) to an approved Site Plan are permitted without City Council approval. A request to amend a Site Plan in a MXU district is a request to re-zone the tract. Uses permitted under an approved Site Plan are only permitted in strict accordance with the corresponding, approved Site Plan. If the project is to be developed in phases, a proposed phasing plan that identifies the anticipated sequence of development is required at the time of application. The phasing plan shall delineate areas, building sites, land use and improvements to be constructed in independent phases, and the scheduled time frames, and sequencing of such phases. 111808 5 Section 40 DRAFT SECTION 53, LANDSCAPING REGULATIONS 010909 E. LANDSCAPE PLANS: Prior to the issuance of a building, paving, grading or construction permit for any use other than single family dwellings, a landscape plan shall be submitted to the Department of Development Services. The Director of the Development Services, or a designee, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. Landscaping plans shall be prepared by a landscape architect, landscape contractor, landscape designer, knowledgeable in plants, materials and landscape design. Landscape Plans shall contain the following information: 1. Minimum scale of one (1) inch equals fifty (50) feet; 2. Location of all trees to be preserved; 3. Location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features; 4. Species of all plant material to be used; 5. Size of all plant material to be used; 6. Spacing of plant material where appropriate; 7. Layout and description of irrigation systems, : .• - _ - - - •• including placement of water sources; 8. Description of maintenance provision for the Landscape Plan; 9. Person(s) responsible for the preparation of Landscape Plan. F. MAINTENANCE: The owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, irrigation systems watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a 041701 Section 53 3 DRAFT SECTION 53, LANDSCAPING REGULATIONS healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size. Automatic in-ground irrigation system with rain and freeze sensory capability shall be provided for all required landscape. G. GENERAL STANDARDS: The following criteria and standards shall apply to landscape materials and installation. 1. QUALITY: Plant materials used in conformance with the provisions of this Ordinance shall conform to the standards of the American Standard For Nursery Stock,or equal thereto. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. 2. TREES: Trees referred to in this Section shall be of a species common to this area of Texas and shall have an average spread of crown of greater than fifteen (15)feet at maturity. Trees having a lesser average mature crown of fifteen (15)feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) feet crown of spread. Trees shall be of a minimum of three (3) caliper inches when measured six (6) inches above ground, and shall be selected from the list of approved trees, maintained by the Director of Development Services as approved by the Planning and Zoning Commission. 3. SHRUBS & HEDGES: Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3)feet high within one(1)year after time of planting. 4. VINES: Vines shall be a minimum of two (2)feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. 5. GROUND COVER: Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 6. LAWN GRASS: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms, or other areas subject 041701 Section 53 4 DRAFT SECTION 55 , PERFORMANCE STANDARDS 010909 3. The sound levels must be measured at the bounding line between properties at a level five feet above ground level. 4. A sound level meter shall be used to determine the Leq in dBA over an 8 minute time period. 5. The sound receiving property with the most stringent requirements will apply. 6. Traffic, aircraft, and other background sounds are not to be considered in measuring sound levels except when the background sound level is being determined. 7. All outdoor speakers in non-residentially zoned properties shall face away from contiguous residential zoning districts. Table 1. Maximum Permissible Sound Pressure Levels by Receiving Zoning District Leg Sound Level, dBA, Limits for Continuous Sound Sources District Day Time Night Time (7:00 a.m. to 10:00 p.m.) (10:00 p.m. to 7:00 a.m.) Residential 59 52 Corrections for Character of Sound Applied to Table 1. values are as follows: • If Sound is Impulsive in Character— (hammering, popping, exploding, etc.) Subtract 5 dB from Maximum Permissible Sound Levels Note that for the purpose of this ordinance, an impulsive sound shall exist when the sound changes at rate greater than 10 dB per second. The sound level meter should use Fast Response for this evaluation. • If Sound is Periodic in Character— (hum, buzz, screech, etc.) Subtract 5 dB from Maximum Permissible Sound Levels Note that for the purpose of this ordinance, a pure tone shall exist if the one- 121603 Section 55 2 DRAFT SECTION 60, SIGN STANDARDS . z 120908 c. Pole signs on property zoned Neighborhood Commercial, Community Commercial and Highway Commercial and located adjacent to Highway 121 (excluding . _ - . • • — . . . . . . . . . . . ..- extending pact from a point 2,400 feet due south of the southern right-of-way of Timberline Drive south to the city limit line), Highway 360 and Highway 114 (excluding Business 114), and F.M. 2499 may be a minimum of twenty (20) feet in height up to forty (40) feet in height. Pole signs on property located contiguous to Highway 26 shall be limited to twenty(20) feet in height, except for Lots 1 and 2, Block 1, Wal- Mart Addition, which shall have pole signs up to thirty (30) feet in height. For pole signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall be a maximum of thirty-six (36) inches in depth and a maximum gross surface area of two hundred eighty-eight(288)square feet. There shall be no minimum or maximum cabinet width or height regulations for signs approved with a conditional use exceeding twenty (20) feet in height. d. Pylon signs on property zoned Community Commercial located adjacent to Highway 121 (from a point 2,400 feet due south of the southern right-of- way of Timberline Drive south to the city limit line) with a planned commercial center designation, may be a minimum of twenty (20) feet in height up to forty (40) feet in height. For pylon signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall not exceed 24 (twenty-four) feet in width or height, a maximum of thirty-six(36) inches in depth and a maximum gross surface area of two hundred eighty-eight (288) square feet. Such signs shall be multi-tenant signs and shall conform to the architectural standards of the shopping center. de. The Director of Development Services may approve the 022007 Section 60 O:\Ordinances\Zoning Ordinance\Drafts\Sec.60.091608.doc 8 DRAFT SECTION 60, SIGN STANDARDS 120908 replacement of an existing pole/pylon signs, approved in conjunction with a conditional use permit, with a monument sign. e. PROJECTING SIGNS. A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12)inches from such building, but less than forty-eight (48) inches. f. ROOF SIGNS. A sign fastened to or resting on the roof of a structure. g. WALL SIGNS. A sign fastened to or painted on a wall of a building or structure in such a manner than the wall becomes merely the supporting structure or forms the background surface,and which does not project more than twelve (12) inches from such building. h. PORTABLE COMMERCIAL BILLBOARDS. Any sign which is supported by the ground but not attached to the ground, or other object which is used primarily to advertise to the general public for commercial purposes; is of a temporary nature; is not directly connected to or in relation to or in close proximity to a business, church, development or other establishment that is being advertised. i. PORTABLE ON-SITE BUSINESS SIGNS. Any sign supported by the ground but not attached to the ground or other object, which is of a temporary nature, and is used for advertising purposes connected to, adjacent to or in close proximity of the business, church,development or other establishment that is being advertised. j. PORTABLE SANDWICH BOARD. A portable sign, consisting of two panels of equal size, made of painted, decay resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self supporting. Portable Sandwich Boards must conform to the following regulations: (1) Maximum sign height shall be three (3) feet. (2) Maximum sign width shall be two (2) feet. (3) Signs shall not be placed in front of adjoining property. No 022007 Section 60 O:1Ordinances\Zoning Ordinance\Drafts\Sec.60.091608.doc 9 DRAFT SECTION 60, SIGN STANDARDS 120908 upon ninety-five (95) percent of the lots being advertised. (7) Temporary Directional Signs are permitted in all zoning districts. (8) Permits issued for Temporary Directional Signs shall be issued for periods of two years. Permits shall become null and void when permits are issued to build upon ninety-five (95) percent of the lots in a subdivision being advertised. (9) Removal of signs: Permittee agrees to remove signs promptly after the permit expires or is terminated. Permittee submits a bond with the application in face amount equivalent to the cost of removing same in the event the sign is not removed within thirty (30) days expiration or termination of the permit. The bond is for the benefit of the City, who may recover its costs incurred in removing same. Permittee, in its application, authorizes the City to remove the sign and releases the City, its officers, agents, servants and employees from all injuries and damages for removal of the same after permittee fails to remove same. m. PYLON SIGNS. A type of free-standing pole sign erected on one or more free-standing shafts, posts, poles, or piers, solidly affixed to the ground which are totally enclosed from view by a decorative cladding that is a minimum width of 50% (fifty percent) of the width of the cabinet, if the width of the cabinet is greater than the height of the cabinet or 100% (one hundred percent) of the width of the cabinet, if the cabinet width is equal to or less than the height of the cabinet. C. GENERAL STANDARDS. 1. GROSS SURFACE AREA OF SIGNS. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. Such perimeter shall not include any structural elements lying outside the limits of such sign which do not form any integral part of the display. The gross area of a sign shall be measured on only one side of a sign, provided however, 022007 Section 60 O:\Ordinances\Zoning Ordinance\Drafts\Sec.60.091608.doc DRAFT SECTION 60, SIGN STANDARDS 120908 awning, canopy or marquee. 4. MAXIMUM HEIGHT: No sign shall protrude above the roof or eave line of the principal structure. Projecting signs shall be a minimum of eight (8)feet above sidewalk grade and shall not protrude above the roof or eave line of the principal structure. 5. REQUIRED SETBACK: (a) Ground Signs: Ten (10) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on- premise signs only. H. CN NEIGHBORHOOD, CC COMMUNITY COMMERCIAL, RA RECREATION/AMUSEMENT AND PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICTS. 1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs. (a) Nameplate Signs: (1) Wall (b) On-Premise Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (upon approval of a conditional use permit) (5) Monument (6) Pylon (only permitted in CC Community Commercial District and in accordance with Section 60.B.2.d.12.d.) (c) Development Signs: See definition 60.B.1.(c) (d) Construction Signs: See definition 60.B.1.(d) (e) Real Estate Signs: See definition 60.B.1.(e). 022007 Section 60 O:1Ordinances2oning Ordinance\Drafts\Sec.60.091608.doc 21 r\ D(3 iN \U? ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL 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 23 "LB" LIMITED BUSINESS DISTRICT, SECTION 23A "GV" GRAPEVINE VINTAGE DISTRICT REGULATIONS, SECTION 24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, SECTION 26"HC" HIGHWAY COMMERCIAL DISTRICT, SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS, SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT, SECTION 28A "HGT" HISTORIC GRAPEVINE TOWNSHIP DISTRICT, SECTION 29 "HCO" HOTEL AND CORPORATE OFFICE DISTRICT, SECTION 30 "RA" RECREATIONAL /AMUSEMENT DISTRICT, SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT, SECTION 32"BP" BUSINESS PARK DISTRICT, SECTION 38 "GU" GOVERNMENT USE DISTRICT, SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS, SECTION 53 LANDSCAPING REGULATIONS; SECTION 55 PERFORMANCE STANDARDS; 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 23 "LB" Limited Business District is hereby amended by adding ,, subsection C.9. to read as follows: "9. Any use allowed within this district with outdoor speakers." B. That Section 23A "GV" Grapevine Vintage District Regulations is hereby amended by adding subsection C.9. to read as follows: "9. Any use allowed within this district with outdoor speakers." C. That Section 24 "CN" Neighborhood Commercial District Regulations is hereby amended by adding subsection C.17. to read as follows: "17. Any use allowed within this district with outdoor speakers." D. That Section 25 "CC" Community Commercial District Regulations is hereby amended by adding subsection C.24. to read as follows: "24. Any use allowed within this district with outdoor speakers." E. That Section 26 "HC" Highway Commercial District is hereby amended by adding subsection C.28. to read as follows: "28. Any use allowed within this district with outdoor speakers." F. That Section 26 "HC" Highway Commercial District is hereby amended by adding subsection D.3.(b)12 to read as follows: "12. Any use allowed within this district with outdoor speakers." G. That Section 27 "PO" Professional Office District Regulations is hereby amended by adding subsection C.9. to read as follows: "9. Any use allowed within this district with outdoor speakers." H. That Section 28 "CBD" Central Business District is hereby amended by adding subsection C.8. to read as follows: "8. Any use allowed within this district with outdoor speakers." I. That Section 28A "HGT" Historic Grapevine Township District is hereby amended by adding subsection C.3. to read as follows: "3. Any use allowed within this district with outdoor speakers." J. That Section 29 "HCO" Hotel and Corporate Office District is hereby amended by adding subsection C.9. to read as follows: ORD. NO. 2 "9. Any use allowed within this district with outdoor speakers." K. That Section 30 "RA" Recreational/Amusement District is hereby amended by adding subsection C.20. to read as follows: "20. Any use allowed within this district with outdoor speakers." L. That Section 31 "LI" Light Industrial District is hereby amended by adding subsection C.23. to read as follows: "23. Any use allowed within this district with outdoor speakers." M. That Section 32 "BP" Business Park District is hereby amended by adding subsection C.B. to read as follows: "8. Any use allowed within this district with outdoor speakers." N. That Section 38 "GU" Government Use District is hereby amended by adding subsection C.B. to read as follows: "8. Any use allowed within this district with outdoor speakers." O. That Section 40 "MXU" Mixed Use District Regulations is hereby amended by adding subsection C.B. to read as follows: "8. Any use allowed within this district with outdoor speakers." P. That Section 53, Landscaping Regulations is hereby amended by amending subsection 53.E.7 to read as follows: "7. Layout and description of irrigation systems, including placement of water sources;" Q. That Section 53, Landscaping Regulations is hereby amended by amending subsection 53.F. to read as follows: "F. MAINTENANCE: The owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, irrigation systems, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of ORD. NO. 3 similar variety and size. Automatic in-ground irrigation system with rain and freeze sensory capability shall be provided for all required landscape." R. That Section 55, Performance Standards is hereby amended by adding subsection 55.A.3.a.7. to read as follows: "7. All outdoor speakers in non-residentially zoned properties shall face away from contiguous residential zoning districts." S. That Section 60, Sign Standards is hereby amended by amending subsection 60.B.2.d.12.c. to read as follows: "c. Pole Signs on property zoned Neighborhood Commercial, Community Commercial and Highway Commercial and located adjacent to Highway 121 (excluding from a point 2,400 feet due south of the southern right-of-way of Timberline Drive south to the city limit line), Highway 360 and Highway 114 (excluding Business 114), and F.M. 2499 may be a minimum of twenty (20) feet in height up to forty (40) feet in height. Pole signs on property located contiguous to Highway 26 shall be limited to twenty (20)feet in height, except for Lots 1 and 2, Block 1, Wal-Mart Addition, which shall have pole signs up to thirty (30) feet in height. For pole signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall be a maximum of thirty-six (36) inches in depth and a maximum gross surface area of two hundred eighty-eight (288) square feet. There shall be no minimum or maximum cabinet width or height regulations for signs approved with a conditional use exceeding twenty (20) feet in height. T. That Section 60 Sign Standards is hereby amended by amending subsection 60.B.2.d.12.d. to read as follows: "d. Pylon signs on property zoned Community Commercial located adjacent to Highway 121 (from a point 2,400 feet due south of the southern right-of-way of Timberline Drive south to the city limit line) with a planned commercial center designation, may be a minimum of twenty (20) feet in height up to forty (40) feet in height. For pylon signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall not exceed 24 (twenty-four) feet in width or height, a maximum of thirty-six (36) inches in depth and a maximum gross surface area of two hundred eighty-eight (288) square feet. Such signs shall be multi-tenant signs and shall conform to the architectural standards of the shopping center." ORD. NO. 4 U. That Section 60 Sign Standards is hereby amended by adding subsection 60.B.2.d.12.e. to read as follows: "e. The Director of Development Services may approve the replacement of an existing pole/pylon signs, approved in conjunction with a conditional use permit, with a monument sign." V. That Section 60 Sign Standards is hereby amended by adding subsection 60.B.2.m. to read as follows: "m. PYLON SIGNS. A free-standing sign erected on one or more free- standing shafts, posts, poles, or piers, solidly affixed to the ground which are totally enclosed from view by a decorative cladding that is a minimum width of 50% (fifty percent)of the cabinet, if the width of the cabinet is greater than the height of the cabinet or 100% (one hundred percent) of the width of the cabinet, if the cabinet width is equal to or less than the height of the cabinet." W. That Section 60 Sign Standards is hereby amended by adding subsection 60.H.1.b.(6). "(6) Pylon (only permitted in CC Community Commercial District and in accordance with Section 60.B.2.d.12.d.)" Section 2. That 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. That 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. That 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 20th day of January, 2009. ORD. NO. 5 APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 6