HomeMy WebLinkAboutItem 05 - Zoning Ordinance AmendmentsMEMO TO: HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: AUGUST 20, 2002
SUBJECT: SECTION 60, SIGN REGULATIONS, RELATIVE TO SIGNAGE
IN THE "GU" GOVERNMENTAL USE DISTRICT AND
AMENDMENTS TO SECTION 12, DEFINITIONS, AND SECTION
49, SPECIAL USE PERMITS, RELATIVE TO CHURCHES AND
RELIGIOUS CAMPUSES
RECOMMENDATION:
Staff recommends the City Council and the Planning and Zoning Commission consider
the attached amendments to Section 60, Sign Regulations, relative to signage in the
"GU", Governmental Use District and the attached amendments to Section 12,
Definitions, and Section 49, Special Use Permits, relative to church uses and religious
campuses, and take any action necessary.
BACKGROUND:
Section 60, Sign Regulations
Prior to the 1984 citywide rezoning, the sign regulations did not apply to uses located
within the "GU" Governmental Use District. In 1984, the sign ordinance. was amended to
require that uses located within this district adhere to the sign regulations for the most
restrictive abutting district, thus making the sign regulations for the "GU", Governmental
Use District the most restrictive of any other district within the city.
This proposed amendment to Section 601 incorporates the same sign regulations for
the "GU" district that are currently used for other commercial districts within the city with
the added provision that any proposed sign for the "GU" district that does not conform to
the sign regulations must first be approved by the City of Grapevine Facilities
Committee.
Section 12, Definitions, and Section 49, Special Use Permits
A relatively new trend in church development has been the establishment of large multi-
faceted religious campuses, such as Fellowship Church in Grapevine or Prestonwood
Baptist Church in Plano. With memberships commonly exceeding 10,000 people,
religious services, church -sponsored functions and administrative activities often must
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be carried out seven days a week. As a result, these developments can create a
substantial impact on traffic patterns and surrounding properties. This type of
development should be considered by the Planning and Zoning Commission and City
Council to ensure that the development will not negatively impact its surrounding
environment and that adequate public facilities are in place to support it.
Staff has drafted an amendment to Section 12.A.61, Definitions, which updates and
broadens the definition for `church' to include all uses commonly associated with a
modern religious campus, including facilities for religious worship, training, education,
child care, recreation, and administration, as well as rectories and other residential
quarters for religious organization personnel.
Staff has also drafted an amendment to Section 49, Special Use Permits, to require a
Special Use Permit for all churches in the "LB" Limited Business District, "GV" Grapevine
Vintage District, "CN" Neighborhood Commercial District, "CC" Community Commercial
District, "HC" Highway Commercial District, "PO" Professional Office District, "CBD"
Central Business District, "HG7 Historic Grapevine Township District, "HCO" Hotel
Corporate Office District, "RA" Recreation Amusement District, "LI" Light Industrial
District, "BP" Business Park District, "PCD" Planned Commerce Development District,
"PID" Planned Industrial Development District, and "GU" Governmental Use District.
/cj mh
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Sec. 60 - Sign Regulations
GU GOVERNMENTAL USE DISTRICT
FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following
permitted functional uses shall be limited to the associated structural
types of signs except for those exempt signs- as listed in Section
60.E.I.b
(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
(c) Development Signs• See definition 60.B.l.,.Uc
(d) Construction Signs: - See definition 60.13.1.(d)
(a) Nameplate Signs: One (1) per lease space.
(b) On -Premise Signs• One (1) ground, monument or pole signper
platted lot and one (1) awning, marquee, sign per lease
space; one (1) wall sign per each individual wall for each lease
space.
3. MAXIMUM GROSS SURFACE AREA:
(a) Nameplate Signs: Two (2) square feet.
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Sec. 60 - Sign Regulations
(b) Development: Sixty-four (64) square feet
(c) Construction: Sixty-four (64) square feet
(d) Wall: Twenty-five (25) percent of the wall
(e) Awning, Canopy or Marquee: Fifty (.50) percent of the awning,
canopy or marquee.
4. MAXIMUM HEIGHT:
(a) Development, Construction: Fifteen (15) feet
(a) On -Premise -.-Ten (10) feet
(b) Development: Ten (10) feet
(c) Construction: Fifteen (15) feet
6. ILLUMINATION: Illuminated signs are Permitted for nameplate and on -
premise signs only.
7. Due to the unique circumstances of the uses within the GU district, it
is recognized that some signs located within the district may need to
deviate from these sign regulations Any sign that does not conform
with the sign regulations must first be approved by the City of
Grapevine Facilities Committee.
In accordance with Article 10150-1, Texas Revised Civil Statues Annotated, the
provision of this Section 60 are extended to the extraterritorial jurisdiction of the City
as defined by the Municipal Annexation Act (Art. 970a, Texas Revised Civil Statutes
Annotated.)
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29
Section 60
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY AS HERETOFORE AMENDED;
BY AMENDING SECTION 12 DEFINITIONS AND SECTION
49, SPECIAL USE PERMITS RELATIVE TO CHURCHES;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00);
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Grapevine deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the City to amend the
Comprehensive Zoning Ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission
to recommend the boundaries of the various original zoning districts and appropriate
regulations be enforced therein and to recommend amendments to the Comprehensive
Zoning Ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such districts in accordance with a
comprehensive plan and designed to lessen congestion in the streets; to secure safety
from fire, panic, and other dangers; to promote health, general welfare; to provide
adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, to the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission and the City Council have
determined that the intensity, nature, impact, and compatibility of church uses on a large
scale necessitate the application of the review provisions contained in Section 49. F. of
the Comprehensive Zoning Ordinance; and
WHEREAS, the City Planning and Zoning Commission of the City of Grapevine
and the City of Grapevine City Council, in compliance with the Charter of the City of
Grapevine, and State Law with reference to changes to zoning classifications under the
Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by
hearing to all the property owners generally, the City of Grapevine City Council is of the
opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance as if copied in their
entirety.
Section 2. That Section 12 Definitions, Subsection A.61 of Appendix D, the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas, be, and the same is
hereby amended and replaced in its entirety as follows:
"61. Church shall mean any building, place, or structure(s) owned and/or used
by religious organizations or congregations and providing religious
worship, religious training, or education of its members. This definition
includes accessory uses such as rectories, convents, monasteries or other
congregate residences for the housing of religious organization personnel,
meeting halls, offices for administration of the institution, day care
facilities, education or schools, recreation associated with schools or day
care facilities which are associated or affiliated with a church."
Section 3. That Section 49 Special Use Permits, Subsection B.14. of Appendix
D, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, be, and the
same is hereby amended and replaced in its entirety as follows:
"14. (a) Churches that exceed the maximum height regulation established
for the zoning district in which they are listed as a permitted, special, or
conditional use. All other district regulations shall also apply.
(b) Churches, in the following zoning districts: "LB" Limited Business
District, "GV" Grapevine Vintage District, "CN" Neighborhood Commercial
District, "CC Community Commercial District, "HC" Highway Commercial
District, "PO" Professional Office District, "CBD" Central Business District,
"HGT" Historic Grapevine Township District, "HCO" Hotel Corporate Office
District, "RA" Recreational Amusement District, "LI" Light Industrial District,
"BP" Business Park District, "PCD" Planned Commerce Development
District, "PID" Planned Industrial Development District, and "GU"
Governmental Use District."
Section 4. That any person, firm or corporation violating any of the provisions
or terms of this ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of Grapevine, and upon conviction shall
be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for
"""Jeach offense.
Page 2 of 3
Section 5. If any section, paragraph, subdivision, clause, phrase or provision
of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the
validity of this ordinance as a whole or any portion thereof other than that portion so
decided to be invalid or unconstitutional.
Section 6. In addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this ordinance.
Section 7. 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 public creates an emergency which requires that this
ordinance 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 20th of August, 2002.
ATTEST:
Page 3 of 3
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 60 SIGN
REGULATIONS; 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 60, Sign Regulations, is hereby amended by amending Section 601
in its entirety to read as follows:
"L. GU Governmental Use District
1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following
permitted functional uses shall be limited to the associated structural
types of signs except for those exempt signs as listed in Section
60.E.l.b
(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
(c) Development Signs: See definition 60.B.1.(c)
(d) Construction Signs: See definition 60.B.1.(d)
2. NUMBER OF SIGNS PERMITTED
(a) Nameplate Signs: One (1) per lease space.
(b) On -Premise Signs: One (1) ground, monument or pole sign per
platted lot and one (1) awning, canopy, marquee, sign per
lease space; one (1) wall sign per each individual wall for each
lease space.
3. MAXIMUM GROSS SURFACE AREA:
(a)
Nameplate Signs: Two (2) square feet.
(b)
Development: Sixty-four (64) square feet.
(c)
Construction: Sixty-four (64) square feet.
(d)
Wall: Twenty-five (25) percent of the wall.
(e)
Awning, Canopy or Marquee: Fifty (50) percent of the awning,
canopy or marquee.
4. MAXIMUM HEIGHT:
(a) Development, Construction: Fifteen (15) feet.
5. REQUIRED SETBACK:
(a) On -Premise: Ten (10) feet.
(b) Development: Ten (10) feet.
(c) Construction: Fifteen (15) feet.
6. ILLUMINATION: Illuminated signs are permitted for nameplate and
on -premise signs only.
7. Due to the unique circumstances of the uses within the GU district, it
is recognized that some signs located within the district may need to
deviate from these sign regulations. Any sign that does not conform
with the sign regulations must first be approved by the City Of
Grapevine Facilities Committee."
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 an 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 20th day of August, 2002.
ATTEST:
K,
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Sec. 12 - Definitions
61. CHURCH shall mean
1 t:110tjItIl Ity, r -_ r----'
Fabbis and RWRs. any building, place, or structures) owned and/or used
by religious organizations or congregations and providing religious
worship, religious training, or education of its members. This definition
includes accessory uses such as rectories, convents, monasteries or
other congregate residences for the housing organization
1 of
personnel, meeting halls, offices for administration of the institution
day care facilities, education or schools, recreation associated with
schools or day care facilities which are associated or affiliated with a
church."
62. CLINIC shall mean an institution or facility for examining, consulting with or
treating patients, including offices, laboratories and out-patient facilities, but
not including hospital beds and rooms for acute or chronic care.
63. CLUB shall mean an association of persons for promotion of some common
object, such as literature, science or good fellowship, and jointly supported
by its members and carries the privilege of exclusive use of a club building
and premises.
64. COMMERCIAL shall mean any business, other than a customary home
occupation or manufacturing business, which involves the exchange of
goods or services for the remuneration of a person occupying the premises
upon which the transaction or part thereof takes place.
65. COMMERCIAL AMUSEMENT shall mean an amusement enterprise offering
entertainment or games of skill to the general public for a fee or charge.
65a. COMMERCIAL LAUNDRY shall mean a heavy commercial service in which
items such as clothes and linens are cleaned. This definition includes
cleaning for hospitals, restaurants, hotels and diaper cleaning services as
well as rug and dry cleaning plants where on -premise retail services to
individual households are incidental to the operation of the plant. A
commercial laundry plant shall exceed (5,000) five thousand square feet of
floor area and no plant containing less than five thousand (5,000) square feet
shall be considered a commercial laundry.
66. CONDOMINIUM means the separate ownership of single units or apartments
Section 12
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Sec. 49 - Special Use Permits
(3) Depth of lot, feet - 175.
(4) A landscape plan, meeting the requirements of Section 53.
(5) Required front yards shall be landscaped with grass,
shrubbery, vines, or trees and no part shall be paved or
surfaced except for minimum access, driveways, and
sidewalks in accordance with Section 53 of this ordinance.
(6) Garbage storage shall be screened on all four sides by a solid
wooden or masonry fence and located on a concrete pad not
less than fifty (50) feet to any adjoining property.
14. CHURCHES
(a) Churches, that exceed the
maximum height regulation established for the zoning district in
which they are listed as a permitted or conditional use. All other
district regulations shall apply.
(b) Churches, in the following zoning districts: "LB" Limited
Business District "GV" Grapevine Vintage District, "CN"
Neighborhood Commercial District, "CC" Community -
Commercial District, "HC" Highway Commercial District, "PO"
Professional Office District "CBD" Central Business District
"HGT" Historic Grapevine Township District, "HCO" Hotel
Corporate Office District, "RA" Recreational Amusement District,
"LI" Light Industrial District, "BP" Business Park District, "PCD"
Planned Commerce Development District, "PID" Planned
Industrial Development District, and "GU" Governmental Use
District.
15. Off-street parking lots, accommodating a permitted or conditional use within
the "LB" Limited Business District, "GV" Grapevine Vintage District, "CN"
Neighborhood Commercial District, "CC" Community Commercial District,
"HC" Highway Commercial District, "PO" Professional Office District, "CBD"
Central Business District, "HGT" Historic Grapevine Township District, "HCO"
Hotel and Corporate Office District, "RA" Recreation/Amusement District, "LI"
." 031902 10 Section 49