HomeMy WebLinkAboutItem 05 - AM00-02 Zoning Ordinance AmendmentsITEM
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND PLANNING
AND ZONING COMMISSIONERS
FROM: ROGER NELSON, CITY MANAGER/
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
DATE: MARCH 7, 2000
SUBJECT: AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE—
AM00-02—SECTION 16, "R-5.0" ZERO -LOT -LINE DISTRICT RELATIVE
TO ALLOWING AS A CONDITIONAL USE A SIX-FOOT SIDE YARD
SETBACK ON BOTH SIDES OF THE LOT FOR PERIOD HOMES
RECOMMENDATION
Staff recommends the Planning and Zoning Commission and the City Council consider
the following amendment to Section 16, "R-5.0" Zero -Lot -Line District relative to
allowing as a conditional use, a six-foot side yard setback on both sides of the lot for
period homes, and take any action necessary.
BACKGROUND INFORMATION
Mr. Martin Schelling of Wright Development Company has requested the above
_. referenced amendment to Section 16, "R-5.0" Zero -Lot -Line District. In his
correspondence, Mr. Schelling outlined several reasons for the requested amendment,
but specifically referred to the preparation of the lot for construction and the location of
screening fences after construction. See the attached letter.
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Section 16. R-5.0 Zero -Lot -Line District Regulations
PURPOSES: The R-5.0 Zero -Lot -Line District is established to provide for areas requiring
minimum lot sizes of five thousand (5,000) square feet for medium population densities
within integral neighborhood units. This district is intended to be a zero -lot -line dwelling
district allowing a maximum density of eight (8) units per acre.
USES GENERALLY: In an R-5.0 zero -lot -line district, no land shall be used and no
building shall be erected for or converted to any use other than as hereinafter provided.
A. PRINCIPAL USES:
1. Single-family detached 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 temporary uses
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 Development Services affirming compliance with
all the regulations of this section.
B. ACCESSORY USES:
The following uses shall be permitted as accessory uses to an R-5.0 zero -lot -line
district provided that none shall be a source of income to the owner or user of the
principal single-family dwellings, except for customary home occupation:
1. Off-street parking and private garages in connection with any use permitted
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in this district.
2. Cabana, pavilion, or roofed area.
3. No dwelling shall be closer than twelve (12) feet between the face of the
exterior walls of neighboring dwelling unit.
4. Private swimming pool.
5. Storage buildings one hundred twenty (120) square feet or less have no
plumbing.
6. Signs subject to the provisions of Section 60.
7. Customary home occupation.
8. Communication equipment meeting the requirements of Chapter 7, Article
XII of the Grapevine Code of Ordinance.
When any of the foregoing permitted accessory uses are detached from the
principal single-family dwelling, said uses shall be located not less than forty-five
(45) feet from the front lot line and shall meet the requirements of Section
42.C.,D.,E.,F, and G.
Accessory buildings more than sixteen (16) feet in height shall be set back from the
rear property line six (6) feet plus two (2) additional feet for each additional foot of
height over sixteen (16) feet. The height of the structure shall be measured from
the top of the slab or from its bottom floor.
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.
1 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.
3. Public and private country clubs and golf courses excluding miniature golf
courses.
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•
4. Memorial gardens and cemeteries.
[I�G�I�III]
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.
6. Single Family detached dwellings with a minimum front yard depth of twenty
(20) feet when the dwellings are constructed as period homes. A period
home is defined as a house in which the exterior elevation incorporates
amenities from housing designs during the 1930's through the 1950's period.
When a twenty (20) foot front yard depth is established by a Conditional Use
Permit, all lots fronting on one side of a street between two (2) intersecting
streets, shall maintain a uniform front yard setback for the entire block.
Single family detached dwellings developed as period homes
constructed with a six (6) foot minimum side yard on each side.
Final elevations of proposed period homes, with type or kind of building
material used, and a final plat shall be submitted as a part of the conditional
use permit request. Calculation of the percentage of masonry of the entire
structure shall be provided in the application for the conditional use permit.
A Period Home Committee consisting of a member of the Planning and
Zoning Commission (appointed by the Planning and Zoning Chairman), the
City Council representative to the Planning and Zoning Commission, and the
Township Restoration Coordinator may approve additional period home
elevations or amendments to existing elevations when a conditional use
permit is approved for period homes. The Director of Development Services
may approve minor changes to the exterior elevations such as window, door,
and porch railings.
D. LIMITATION OF USES:
1. No more than three (3) persons unrelated by blood or marriage may occupy
residences with an R-5.0 Zero -Lot -Line Zoning District.
2. Storage of mechanical 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
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use.
3. Private or public alleys shall not be located in the twenty-five (25) foot
required rear yard.
No application for a building permit for the 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.
An access easement of six (6) feet shall be provided and indicated within the
subdivision plat on all contiguous lots to allow the adjacent owner access to the
twelve -inch (12") side yard on each lot.
F. DENSITY REQUIREMENTS:
The following density requirements shall apply:
1. Maximum Density: The maximum density within the R-5.0 District shall not
exceed eight (8) dwelling units per acre of gross area.
2. Lot Size: Lots for any permitted use shall have a minimum area of five
thousand (5,000) square feet.
3. Minimum Open Space: All areas not devoted to buildings, structures, or off-
street parking area 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.
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 buildings,
structures, off-street parking, and paved areas shall not exceed sixty (60)
percent of the total lot area.
6. Minimum Floor Area: The minimum square footage of a dwelling unit shall
be not less than twelve hundred (1,200) square feet of floor area.
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1. 1. � � •
The following minimum standards shall be required:
1. Depth of front yard, feet......................25
A minimum of fifty (50) percent of the area of the lot within the required front
yard setback shall be a landscaped area.
2. Depth of rear yard, feet........................25
3. Width of side yard on each side, feet 12" on one side, 1 Von opposite side.
Provided, however, the side yard setbacks contained in this subsection G.3
shall not apply to final subdivision plats approved and filed prior to January
21, 1986, and the side yard setbacks applied to the approved plat shall be
those in force and effect prior to the adoption of this ordinance.
4. Width of lot, feet..............................50
Except reverse frontage lots shall be a minimum of seventy-five (75) feet in
width.
5. Depth of lot, feet.............................100
6. Distance Between Buildings.
The minimum distance between principal or accessory buildings on adjacent
lots shall be not less than twelve (12) feet.
7. Only one single-family detached dwelling shall be permitted on each lot or
lot of record, as the case may be.
8. No dwelling shall be closer than twelve (12) feet between the face of the
exterior walls of neighboring dwelling units.
Whenever an R-5.0 Zero -Lot -Line District is located adjacent to an existing multi-
family district (RMF -1, RMF -2, R-3.75. R-TH) or a non-residential district, without
any division such as a dedicated public street, park or permanent open space, all
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principal buildings or structures shall be setback a minimum of forty (40) feet from
the adjoining property line. The setback area shall contain appropriate landscape
improvements, fencing, berms, or trees to adequately buffer adjoining uses.
HEIGHT REGULATIONS:
The following maximum height regulations shall be observed:
1. Height of principal structure, two (2) stories not to exceed thirty-five (35) feet.
2. Height of accessory structure, one story not to exceed sixteen (16) feet,
except a storage building which shall not exceed ten (10) feet in height.
J. OFF-STREET PARKING:
Provisions for the parking of automobiles shall be allowed as an accessory use to
any principal permitted use provided that such shall not be located on a required
front yard. Off-street parking shall be provided in accordance with the provisions
of Sections 56 and 58 of this Ordinance and other applicable Ordinances of the
City.
Parking of recreational vehicles, recreational trailers, motor homes or boats is
allowed in the required front yard for a period not to exceed seventy-two (72) hours;
towed trailers and the like are prohibited at any time in the required front yard.
The Director of Development Services may issue a permit for parking of recreational
vehicles, recreational trailers, motor homes, or boats in excess of 72 -hours on
paved driveways of the required front yard if it is determined that it is not feasible
to park them in the side or rear yard.
K. OFF-STREET LOADING
No off-street loading is required in the R-5.0 District for residential uses. Off-street
loading for conditional uses may be required as determined by the Planning
Commission.
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WRIGIII
DEVELOPMENT
COMPANY
February 1, 2000
Tommy Hardy
Director of Development Services
City of Grapevine
P. O. Box 95104
Grapevine, TX 76099
Dear Mr. Hardy:
Please use this letter as our request to consider an addition to the R5.0 Zoning
Ordinance.
As you are aware, we developed the Silver Lake subdivision which is zoned R5.0.
There are 78 homesites in this community and we are approximately 50%
completed. During the construction of the homes we have discovered some
challenges regarding the twelve -inch (12") and eleven -foot (11') side yard setback
requirements.
Two of the challenges pertain to preparing the lot for home construction and the
third challenge pertains to location of fences. Preparing the lot for the foundation
work requires a "building pad" to be built. This process requires the lot to be
benched which normally changes some of the natural ground elevations and when
there is too much change in adjoining lot elevations the transition between one lot
and the next cannot be accomplished. The second challenge is when trees are on
the adjacent lot and fall just outside of the twelve -inch setback. These trees
cannot be removed without a building permit and tree inspection, however the
trees may cause foundation damage, may be a construction hazard or may
physically encroach on the house. The final challenge pertains to fence location
to the home. The City of Grapevine does not restrict the location of a fence
relative to the home, however the UBC code requires a three feet separation
between fence and house for emergency escape purposes. Normally a privacy
fence would be constructed on the property line, however with the twelve -inch
setback it must be located three feet from the face of the home, which puts the
fence two feet off the property line. Some title companies and mortgage
companies consider the fence located off the property line an encroachment and
cloud on the title.
601 W. Wall
Grapevine, Texas 76051
Metro (817) 481-7751
x
Tommy Hardy
February 1, 2000
Page 2
The homebuyers' reception to the Silver Lake Community has been extremely
good. We are in the planning stage for the property located across the street from
the Silver Lake addition and would like to develop some additional homesites for
the Silver Lake "period homes". We anticipate finishing our land plan in
February and hope to be able to submit our applications in March. Our desire to
develop additional lots for the "period style home" is why we wish to review the
R5.0 ordinance.
All three of the above mentioned issues relate back to the twelve -inch side yard
setback. Our proposed addition to the R5.0 Zoning Ordinance would be to allow
the minimum side yard setbacks to be six -feet on each side of the lot as a
Conditional Use versus the existing minimum side yard setbacks of twelve inches
on one side and eleven feet on the opposite side. We believe two six -feet side
yards are within the spirit of the existing ordinance as all buildings currently
cannot be closer than twelve (12) feet.
Thank you in advance for your consideration of our request. We look forward to
working with you and your staff on this matter. If you have any questions or I can
be of assistance, do not hesitate to contact me. _
Sincerely,
Martin W. Schelling
MWS:kh
ORDINANCE NO.
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 CODE OF ORDINANCES OF THE
CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR
AMENDMENTS AND CHANGES TO ZONING REGULATIONS
BY AMENDING SECTION 16 "R-5.0" ZERO LOT LINE
DISTRICT; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH AN OFFENSE OCCURS OR
CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
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 Code of
Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars,
and all other sections, subsections, paragraphs, definitions, words and phrases of said
Appendix "D" are not amended but are hereby ratified, verified and affirmed:
A. That Section 16 "R-5.0" Zero Lot Line District is hereby amended by
amending Subsection C.6 to read as follows.-
11C.
ollows:
"C. 6. Single Family detached dwellings with a minimum front yard
depth of twenty (20) feet when the dwellings are constructed
as period homes. A period home is defined as a house in
which the exterior elevation incorporates amenities from
housing designs during the 1930's through the 1950's period.
When a twenty (20) foot front yard depth is established by a
Conditional Use Permit, all lots fronting on one side of a street
between two (2) intersecting streets, shall maintain a uniform
front yard setback for the entire block.
Single family detached dwellings developed as period homes
constructed with a six (6) foot minimum side yard on each side.
Final elevations of proposed period homes, with type or kind
of building material used, and a final plat shall be submitted as
a part of the conditional use permit request. Calculation of the
percentage of masonry of the entire structure shall be provided
in the application for the conditional use permit. A Period
Home Committee consisting of a member of the Planning and
Zoning Commission (appointed by the Planning and Zoning
Chairman), the City Council representative to the Planning and
Zoning Commission, and the Township Restoration
Coordinator may approve additional period home elevations or
amendments to existing elevations when a conditional use
permit is approved for period homes, The Director of
Development Services may approve minor changes to the
exterior elevations such as window, door, and porch railings."
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) for each offense and a separate offense
shall be deemed committed each day during or on which an offense 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 of 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 passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 7th day of March, 2000.
ORD. NO, 2
ATTEST:
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