HomeMy WebLinkAboutItem 03 - AM19-04MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
AND MEMBERS OF THE PLANNING AND ZONING
COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: FEBRUARY 18, 2020
SUBJECT: AM19-04 — SECTION 42, SUPPLEMENTARY DISTRICT
REGULATIONS
RECOMMENDATION:
Staff recommends the City Council consider the proposed amendments to Section 42,
Supplementary District Regulations relative to play structures, and take any necessary
action.
BACKGROUND:
Staff has received complaints regarding a large treehouse, built immediately adjacent to a
neighboring residential property. This treehouse projects above the common fence, looking
down into the neighbor's rear yard and pool area, and even an 8' fence would not block it.
Treehouses, swing structures, playhouses and similar play structures are exempt from
building code requirements, and are not addressed by the Zoning Ordinance.
While there have been few complaints over the years, similar situations are likely to arise.
Therefore, staff has prepared draft amendments to Section 42, Supplementary District
Regulations relative to play structures. The proposed amendments would establish
minimum setback requirements for any play structure over 8' in height, requiring them to be
placed in the rear yard, and to be a minimum of 6' from any property line.
Staff conducted a small survey of surrounding cities and found very few regulations on
play structures and nothing at all on treehouses. Here is what information we did find:
Highland Village: Play structures must be in rear yard.
Colleyville: Play structures require a 5' setback from all property lines.
Southlake: If not on a permanent foundation, play structures may be placed in the rear
yard, 5' from property line; if placed on a permanent foundation, they must be 10' from
property line.
DRAFT Section 42. Supplementary District Regulations
111919
O. ACCESSORY BUILDINGS:
An accessory building not exceeding one story in height may occupy not more than
sixty (5a) percent of a minimum required rear yard.
2. An accessory building exceeding one story or more in height may occupy not more
than forty (40) percent of a minimum required rear yard.
3. An accessory building attached to the main building shall be made structurally a part
and have a common wall with the main building and shall comply in all respects with
the requirements of this ordinance applicable to the main building. Unless so
attached, an accessory building in a residential district shall be located on the rear
one-half of the lot and at least ten (10) feet from any dwelling or'building existing or
under construction on the same lot or any adjacent lot. in all residential districts, a
building or structure attached to the principal building or structure by only a
breezeway having a maximum width of six (8) feet shall be considered as being a
detached accessory building or structure. No accessory building shall be located
nearer than three (3) feet to any side or rear lot line. In the case of a corner lot, no
accessory building shall be located within any side yard required on the street side.
A garage, detached from the main building, may be located no nearer than six (0)
feet to any rear lot line and shall be subject to the same side yard requirements as
the principal structure.
4. No swimming pool shall be located nearer than six (6) feet to any rear lot line and
shall be subject to the same side yard requirements as the principal structure.
Below ground swimming pools may be located no nearerthan six (6) feet to the side
lot line adjacent to the street. On corner lots that require a side yard to be the same
as required for the front yard, pools shall be located no nearer than fifteen (15) feet
to the side lot line adjacent to the street. Swimming pools may be located nearer
than ten (10) feet from any dwelling or building existing as long as the excavation of
the swimming pool does not in any way harm or endanger the existing building or
dwelling.
5. Play structures,, including but not limited to tree houses, 1?1?y houses la
forts, swing sets, junc
ie gyms, etc. where any portion of the structure exceeds
eight (8) feet in height above grade may only be placed behind the main
structures and shall be 21aced a minimum of six -M feet from any i2roperty line.
D. CORNER LOTS: On corner lots, the side yard on the street side shall be the same as
required for the front, except on corner lots adjacent to a segment of a side street upon
which no property fronts, said segment being defined as that portion of a street between
one street intersection and the next, the minimum side yard shall be fifteen (15) feet. This
regulation shall not be so interpreted as to reduce the buildable width of a corner lot of
7
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ORDINANCE NO. 2020-013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS SAME BEING ALSO KNOWN AS APPENDIX "D" OF
THE CITY CODE OF ORDINANCES FOR GRAPEVINE,
TEXAS BY ADDITION SECTION 42 SUPPLEMENTARY
DISTRICT REGULATIONS; REPEALING CONFLICTING
ORDINANCES; PROVIDING A PENALTY NOT TO EXCEED
TWO THOUSAND DOLLARS ($2,000.00); PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 42 of the Zoning Ordinance of the City of Grapevine regulates
Supplemental District Overlay; and
WHEREAS, the City Council wishes to add Section 42 of the Zoning Ordinance;
and
WHEREAS, the City Council of the City of Grapevine deems the passage of this
ordinance as necessary to protect the public, health, safety, and welfare; and
WHEREAS, the City Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this
ordinance, including but not limited to the Open Meetings Act.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That Section 42. Supplementary District Requirements, is hereby
amended by added Section 42.C.5. as follows:
"5. Play structures, including but not limited to tree houses, play houses, play
forts, swing sets, jungle gyms, etc. where any portion of the structure
exceeds eight (8) feet in height above grade may only be placed behind the
main structure, and shall be placed a minimum of six (6) feet from any
property line."
Section 3. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect
provided, however, that the ordinance or ordinances under which the cases currently filed
and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed
repealed only when all such cases filed and pending under such ordinance or ordinances
have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or
dismissal.
Section 4. Any person, firm or corporation 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 5. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstance 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 6. 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 18th day of February 2020.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2020-013 2