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HomeMy WebLinkAbout2006-02-16AGENDA CITY OF GRAPEVINE FIRST TRI -ANNUAL PLANNING AND ZONING COMMISSION WORKSHOP THURSDAY, FEBRUARY 16, 2006 AT 6:00 P.M. CITY MANAGER'S CONFERENCE ROOM SECOND FLOOR - CITY HALL 200 SOUTH MAIN STREET, GRAPEVINE, TEXAS 11. CALL TO ORDER Ill. NEW BUSINESS A. Planning and Zoning Commission to discuss the intent and application of Section 41, "PD" Planned Development Overlay, and take any other necessary action. B. Planning and Zoning Commission to discuss possible changes and amendments to the Comprehensive Zoning Ordinance, Section 51, Requirements for Open Space and Recreational Areas, and Section 20, "R-TH" Townhouse District relative to requiring dedicated open space in the "R-TH" Townhouse District and take any other necessary action. C. Planning and Zoning Commission to discuss possible changes and amendments to the Comprehensive Zoning Ordinance, Section 60, Sign Standards relative to roof signs and take any other necessary action. D. Planning and Zoning Commission to discuss possible changes and amendments to the Comprehensive Zoning Ordinance, Section 60, Sign Standards relative to allowing garage sale signs in the right-of-way and take any other necessary action. IV. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF DEVELOPMENT SERVICES AT (817) 410-3155 AT LEAST 24 HOURS IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et. seq. ACTS OF THE 1993 TEXAS LEGISLATURE, THE PLANNING AND ZONING WORKSHOP AGENDA WAS PREPARED AND POSTED ON THIS THE 10TH DAY OF FEBRUARY, 2006 AT 5:00 P.M. ED 0:/zcu/Agnwk02l6O6 MENT SERVICES DIRECTOR MEMO TO: PLANNING AND ZONING COMMISSION FROM: SCOTT WI AMS, ACTING DIRECTOR DEVELOPMENT SERVICES RON STOMBA GH, DEVELOPMENT MANAGER SUBJECT: DISCUSSION OF THE INTENTION AND APPLICATION OF SECTION 41 "PD" PLANNED DEVELOPMENT OVERLAY RECOMMENDATION: Staff recommends the Planning and Zoning Commission review the attached copy of Section 41, "PD" Planned Development Overlay, and be prepared to discuss its intended use and application, and take any action necessary. Since it's adoption April 19, 2005, five applications have been considered and discussed in a public hearing that have utilized the provisions set forth in Section 41. One was denied (Gamestop) and the remaining four have generated varying degrees of controversy and debate as to the appropriateness, intent, and application of the overlay. Given the few remaining vacant tracts of land left to develop in the City the possibility exists that as this property develops, a planned development overlay will be a part of process. The same holds true for existing developed property that evolves and redevelops. Staff recommends that the Commission thoughtfully consider the attached ordinance and be prepared to discuss it's intent and application and provide Staff with any recommendations relative to it's use. /rs OAOrdinances\Zoning Ordinance\Drafts\021606Draft4\Section41.memo.doc February 10, 2006 (12:54PM) Section 41. "PD" Planned Development Overlay PURPOSE: The "PD" Planned Development Overlay is a planning tool that should be utilized to improve property with a goal of establishing unique as well as modern urban development in situations where strict adherence to standard zoning criteria inhibits the creative process. It should be utilized to create compatible land uses within urbanized areas and generate the appropriate criteria necessary to enable the development of land that is unlikely to occur given the standards established in other zoning districts. Care should be given to ensure that development under this section in no way negatively impacts the health, safety, and welfare of the general public. The discretionary oversight granted in this section shall allow the Planning and Zoning Commission and the City Council the ability to establish standards and impose conditions upon such requests to mitigate or eliminate potentially adverse effects upon the community or upon properties within the vicinity of the proposed use. Designation under this section shall not affect the underlying zoning of the property except as provided in the ordinance establishing the overlay. GENERAL GUIDELINES: All uses—permitted, accessory, and conditional relative to a request for the creation of a "PD" Planned Development Overlay shall be initially established by the underlying zoning district. In situations where there is a need to deviate from the established guidelines in the underlying zoning district relative to permitted, accessory or conditional uses and/or general development criteria i.e. density requirements, area requirements etc., the applicant shall present to the Planning and Zoning Commission and the City Council the special circumstances that inhibit the development of property strictly utilizing the standards designated in the underlying zoning district and the criteria that will differ from that established in the underlying zoning district. APPLICATION FOR ESTABLISHING A "PD" PLANNED DEVELOPMENT OVERLAY: An application for a "PD" Planned Development Overlay shall be filed with the Director of Development Services which shall be forwarded to the Planning and Zoning Commission and the City Council. The application shall contain a Site Plan as stated in Section 47, Site Plan Review, with the following information as well as any additional information as may be required by the Planning and Zoning Commission, City Council, or the Director of Development Services: The applicant's name and address and his interest in the subject property. 2. The owner's name and address if different than the applicant and the owner's signed consent to the filing of the application. 3. The street address and legal description of the property. 041905 1 Section 41 4. The zoning classification and present use of the subject property. 5. A general description of the proposed "PD" Planned Development Overlay. 6. A statement or diagram detailing the area or areas of the zoning ordinance that will be varied from and the conditions present that require deviation from the established standards. 7. A statement as to why the proposed "PD" Planned Development Overlay will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood. 8. A statement as to how the proposed "PD" Planned Development Overlay is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. HEARING ON THE "PD" PLANNED DEVELOPMENT OVERLAY APPLICATION: A public hearing on the application shall be held and notice thereof given in the manner and form required as set out in Section 67, Amendments of this ordinance unless the Director of Development Services or the Planning and Zoning Commission determines that the application is incomplete. STANDARDS: The following standards may be considered by the Planning and Zoning Commission and the City Council in determining whether a "PD" Planned Development Overlay should be established: 1. That the proposed "PD" Planned Development Overlay will be consistent with the adopted policies in the Comprehensive Master Plan of the City of Grapevine. 2. That the proposed "PD" Planned Development Overlay will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare. 3. That the proposed "PD" Planned Development Overlay will be constructed arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed "PD" Planned Development Overlay will so dominate the immediate neighborhood, consideration shall be given to: 041905 2 Section 41 a. The location, nature and height of building, structures, walls, fences on the site and, b. The nature and extent of screening on the site. 4. That the proposed "PD" Planned Development Overlay at the specified location will contribute to or promote the welfare or convenience of the public. 5. That adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. 6. That the proposed "PD" Planned Development Overlay will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the Overlay will provide adequately for such services. 7. That the proposed "PD" Planned Development Overlay will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance. 8. That the proposed "PD" Planned Development Overlay will comply with any additional standards imposed on it by the particular provision of this Ordinance authorizing such use. 9. That the proposed "PD" Planned Development Overlay will minimize disruption to existing neighborhoods, will minimize the adverse impact on existing community services, and will complement in the least intrusive manner possible the needs of the city, region, and the State. 10. That the benefits of the proposed "PD" Planned Development Overlay outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historic feature of significance, and outweigh the personal and economic costs of disruption to the lives, businesses and property of individuals affected by the proposed use. 11. That all alternative sites and all reasonable means for meeting the projected need or demand for the proposed building, structure, 041905 3 Section 41 development, use or activity which may be less costly or less intrusive to existing communities have been considered and rejected by the applicant for clearly disclosed reasons, and that all reasonable means for minimizing adverse impacts of the proposed use have been considered and incorporated into the proposal. 12. That the proposed "PD" Planned Development Overlay is consistent with prior plans, master plans and projections of the applicant, if any, upon which the City of Grapevine has based planning or zoning decisions or, if the proposed use is consistent with prior plans or projections of the applicant, that any such inconsistency is outweighed by the benefits to the community of the proposed use. 13. For those requests to establish a "PD" Planned Development Overlay based on the residential zoning districts: "R-20" Single Family District, "R-12.5" Single Family District, "R-7.5" Single Family District and "R-5.0" Zero Lot Line District, the requirement for a Site Plan shall be waived and a survey or subdivision plat shall suffice. The following zoning districts are not permitted to be utilized for the establishment of a "PD" Planned Development Overlay: "R -MH" Manufactured Home District, "R-MODH" Modular Home District, "PRD -6" Planned Residential Low Density District, and "PRD -12" Planned Residential Medium Density District. PERIOD OF VALIDITY: No Site Plan for a "PD" Planned Development Overlay shall be valid for a period longer than one year from the date on which the City Council grants approval, unless within such one year period: (a) a Building Permit is obtained and the erection or alteration of a structure is started, or (b) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application as required in Section 67, Amendments. Upon expiration of a Site Plan approved in conjunction with the establishment of a "PD" Planned Development Overlay, the property will revert to the underlying zoning district designation and all uses and the general development guidelines as stated in the district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with a "PD" Planned Development Overlay. A. PRINCIPAL USES: 1. All principal uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant shall provide an amended list of permitted uses and the 041905 4 Section 41 conditions necessary for the change in standards from the underlying zoning district. B. ACCESSORY USES: All accessory uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant shall provide an amended list of accessory uses and the conditions necessary for the change in standards from the underlying zoning district. C. CONDITIONAL USES: 1. All conditional uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant shall provide an amended list of conditional uses and the conditions necessary for the change in standards from the underlying zoning district. D. LIMITATION OF USES: Uses prohibited shall be those uses specifically prohibited within the underlying zoning district. The following uses are expressly prohibited within a "PD" Planned Development Overlay and cannot be established as a permitted, conditional, or accessory use under any circumstances: 1. Freight forwarding warehouses 2. Outside storage of material/equipment 3. Retail establishments for used car sales and service 4. Hotel/motel with a minimum room count less than 300 rooms 5. Commercial parking lots 6. Automotive repair garages 7. Salvage/wrecking yards 8. Retail sales of building material displayed in an unenclosed or incompletely enclosed area with outside storage 9. Those uses specifically designated in paragraph D. Limitation of Uses in Section 31, "LI" Light Industrial District 10. Off-premise/billboard signage 11. Pawn shops 12. All uses listed in Section 49, Special Uses 13. Bed and Breakfast E. DENSITY REQUIREMENTS: Requirements associated with maximum density, lot size, minimum open space, maximum building coverage, and maximum impervious coverage shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for 041905 5 Section 41 establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. The maximum density for a "PD" Planned Development Overlay District associated with any underlying residential zoning district shall not exceed that established in the underlying zoning district except for the "R -MF -2" Multifamily District. Lot size for any residentially zoned district may be reduced no more than five (5) percent. F. AREA REGULATIONS: Requirements associated with lot width, lot depth, front yard setback, side yard setback, rear yard setback, and distance between buildings shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. G. BUFFER AREA REGULATIONS: Requirements associated with the establishment of a buffer area shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. H. HEIGHT REQUIREMENTS: Requirements associated with the height of structures shall be initially established by the underlying district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. I. LANDSCAPING REQUIREMENTS: Requirements associated with landscaping shall be initially established in accordance with Section 53, Landscaping Regulations of the zoning ordinance. When varying from the guidelines within Section 53, Landscaping Regulations, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. J. MASONRY REQUIREMENTS: Requirements associated with masonry shall be initially established in accordance with Section 54, Masonry Requirements of the zoning ordinance. When varying from the guidelines within Section 54, Masonry Requirements, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. K. OFF-STREET PARKING REQUIREMENTS: Requirements associated with off-street parking shall be initially established in accordance with 041905 6 Section 41 Section 56, Off -Street Parking Requirements and Section 58, Parking, Loading, and Outside Storage Area Development Standards of the zoning ordinance. When varying from the guidelines within these Sections the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. L. OFF-STREET LOADING REQUIREMENTS: Requirements associated with off-street loading shall be initially established in accordance with Section 57, Off -Street Loading Requirements of the zoning ordinance. When varying from the guidelines within Section 57, Off -Street Loading Requirements, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. M. DESIGN REQUIREMENTS: When applicable, design requirements shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: When applicable, the design requirements associated with planned commercial centers shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. O. SIGN STANDARDS: On -premise signage shall be provided in accordance with Section 60, Sign Standards of the zoning ordinance. P. ADDITIONAL REQUIREMENTS AND RESTRICTIONS: In granting a "PD" Planned Development Overlay, the Planning and Zoning Commission may recommend, and the City Council may impose such conditions, safeguards and restrictions upon the premises benefited by the Planned Development Overlay as may be necessary to comply with the standards set out in Section 41 Standards of this Ordinance to avoid, or minimize, or mitigate any potentially injurious effect of such Planned Development Overlay uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Ordinance. Such conditions shall be set out in the Ordinance approving the Planned Development Overlay. 041905 7 Section 41 MEMO TO: PLANNING AND ZONING COMMISSION FROM: SCOTT WI I MS, ACTING DIRECTOR DEVELOPMENT SERVICES r- RON STOM UGH, DEVELOPMENT MANAGER 0 11• SUBJECT: AMENDMENTS TO SECTION 51, REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL AREAS AND SECTION 20, "R- TP" TOWNHOUSE DISTRICT RELATIVE TO REQUIRING DEDICATED OPEN SPACE IN THE "R-TH" TOWNHOUSE DISTRICT Staff recommends the Planning and Zoning Commission consider the proposed amendments to Section 51, Requirements for Open Space and Recreational Areas and to Section 20, "R-TH" Townhouse District and authorize Staff to set a public hearing, and take any other action necessary. 10-f-IT4111010• 1 9 Currently, Section 51 mandates that as new residential developments occur within the City, sufficient land is dedicated or set aside for useable open space and recreational space for parks, playgrounds, picnic areas etc. All properties that fall within any of the single family zoning districts (R-20, R-12.5, R-7.5 and R-5.0) are required to dedicate 300 square feet per dwelling unit to this open space requirement. In certain cases a fee may be paid in lieu of the dedication. Based on a request from the Director of the Parks and Recreation Department, it is recommended that the "R-TH" Townhouse District be added to the list of those zoning districts that require the separate dedication of usable open space. For whatever reason yet undetermined, the "R-TH" Townhouse District was never included in the list of districts requiring dedication of open space. It is the only remaining individually platted residential zoning district not included in the list of districts requiring open space dedication. Given the amount of interest the residential development community is generating in proposing townhouse projects within the City, Staff recommends the Commission consider the amendments to Section 51, and Section 20, and authorize Staff to set a public hearing. See the attached draft amendments. /rs O:\Ordinances\Zoning Ordinance\Drafts\021606Drafts\Seclon51.memo.doc February 10, 2006 (3:20PM) Section 51. Requirements for Open Space and Recreational Areas A. PURPOSE: The requirements for open space, park and recreational areas contained in this Section 51 are intended to ensure that in new residential developments in the City of Grapevine there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of the development for open space, and neighborhood parks, containing passive or active recreational areas that are reasonably attributable to such development. In determining the size of the parcel, or parcels, that should be set aside and reserved in the manner set out in this Section 51 the City Council has taken as a benchmark the standards of the National Recreation and Park Association. It is the policy of the City that when land is dedicated or otherwise set aside and reserved for open space and park and recreational areas, such land should be in close proximity to the residential development it is designed to serve and shall be of such size, character, and dimensions as is necessary to provide usable open space and park and recreational areas. B. APPLICATION: A certificate of zoning compliance shall not be issued for any residential subdivision or development unless open space and park and recreational areas shall have been dedicated or set aside on the subdivision plat or in the plan for such development in accordance with the standards and criteria in this Section 51. C. CHARACTER AND MINIMUM AREA: Land dedicated or otherwise set aside for open space and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use proposed, e.g., open space buffer, active recreation for team or individual sports, playground, tot lot, picnic area, etc. 2. Unique natural areas or flood plains which provide an opportunity for linkage parks may be included in areas dedicated or otherwise set aside or reserved for open space. 3. The minimum amount of open space and park recreational area that shall be dedicated or otherwise reserved pursuant to this Section 51 shall be: a) In the R-20, R-12.5, R-7.5, and R-5.0 D+stFists, and R-TH Districts, three hundred (300) square feet per dwelling unit. b) In all other residential districts, including the PRD -6 and PRD -12 Districts, the open space and recreational area requirements shall be 021006 1 Section 51 • observed. 4. No land dedicated or otherwise reserved in compliance with this Section 51 shall have dimensions smaller than one hundred (100) feet in width and one hundred fifty (150) feet in depth. In any development which includes wooded areas, flood plains, or other natural amenities which it is desirable to maintain, the City Council may grant an exception from the strict application of these minimum dimensions whenever it determines that by doing so the protection and preservation of such areas will be promoted. D. PLATTING REQUIREMENTS: The Directorof Parks and Recreation, a designated Parks and Recreation board member, and a member of the Planning and Zoning Commission and the City Council shall compose an Open Space Committee. The City Council representative shall be an ex officio, non-voting member of the committee. The Open Space Committee shall have a plat review meeting regarding each proposed land donation prior to it being submitted to the City Council. Any land dedicated or otherwise reserved under this Section 51 for open space park and recreational area shall be shown on a plat submitted for approval by the Planning and Zoning Commission and City Council. Upon approval, said plat shall be filed of record in the county in which the property is located. The City Council may, upon application by a developer, or other person or firm with a legal interest in the land to be developed, allow the open space and park and recreational areas required by this Section 51 to be restricted to the use and enjoyment of residents of the particular development or subdivision. The City Council may grant such request whenever it finds: (1) that the public open space and park and recreational areas required by this Section 51 cannot be effectively and efficiently integrated into the public park system of the City; (2) that the open space and park and recreational needs of the residents of the development or subdivision can be supplied by the reservation of private open space and recreational areas at least as adequately as by the dedication of public park land; and, (3) that the developer or subdivider has complied, or will comply, with the requirements of Section 51.F., below. Such open space and park and recreational areas shall be clearly noted on the plat or master development plan as "Private Open Space or Private Recreational Land" at the time of submission to the City for action by the Planning and Zoning Commission and City Council. E. PAYMENT OF CASE IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND RECREATIONAL AREAS: In any case in which the land required to be dedicated or otherwise reserved by this Section 51 would be less than thirty thousand (30,000) square feet, the developer or subdivider shall, and in all other instances the City Council may, upon finding that the park and recreational needs of a proposed development would be better served by the expansion or improvement of an existing park, require that the developer or subdivider pay the City of 021006 2 Section 51 DRAFT COPY 02-16-06 Grapevine a sum of money that is equal to the fair market value of the land that would be required to be dedicated or otherwise reserved for open space or park and recreational areas pursuant to this Section 51 in lieu of such dedication or reservation. A developer or subdivider may, with the consent of the City Council, as an alternative to, and in lieu of, dedicating or otherwise reserving land for open space or park and recreational purposes, pay the aforesaid sum to the City of Grapevine. Said payment shall be made in the form of a cashier's check or other cash equivalent including an irrevocable letter of credit on a form approved by the City Attorney and with a bank or financial institution acceptable to the City and delivered to the Director of Community Development. Said payment shall be due before the City approves any construction plans forwork authorized by Appendix E., or when construction plans are not required by Appendix E., payment shall be due at the time the plats are accepted for filing. Title to all payments, in whichever approved form of payment is used, shall vest in the City immediately upon approval of the final plat by the City Council. All such payments: (1) shall be segregated in a separate fund and used only for the acquisition and improvements of open space and park and recreational areas within the City of Grapevine that will meet the needs of the residents of the development or subdivision in respect of which such payment was made; (2) shall be expended on the acquisition or improvements of park land that is not more than one mile from the development or subdivision, or within two miles from the development or subdivision in the event the City Council determines and finds that it is not feasible, practical or advantageous to expend the funds within the one mile distance; (3) if not expended within three years of receipt, or unconditionally committed to be expended, shall be refunded to the developer or subdivider. F. MAINTENANCE: If the open space and recreational areas required by this Section 51 are to remain private, such areas shall be maintained by and deeded to a homeowners' association, or a trustee. No plat or master development plan containing a reservation of private open space and recreational areas shall be approved until the applicant shall have filed with the Zoning Administrator a declaration of the covenants and restrictions that will govern such association or trustee, and received approval of the same from the Planning and Zoning Commission and the City Council. Such instrument shall be approved by the City Attorney as to legal form and effect, and by the Planning and Zoning Commission as to the suitability of the proposed use of the proposed open space and recreational areas. The covenants and restrictions, when submitted, shall provide for establishment of the homeowners' association or trust prior to the sale of any property; that open space restrictions and maintenance shall be permanent; that the homeowners are liable for the payment of maintenance fees and capital assessments; that unpaid homeowners' fees and assessments will be a lien on the property of the delinquent homeowners; that the association or trustee shall be responsible for liability 021006 3 Section 51 211010-1-0 MEMO insurance, taxes and perpetual maintenance; that membership shall be mandatory for each homeowner and any successive buyer; and, that each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions. 021006 4 Section 51 PURPOSE: The R-TH Townhouse District is established to accommodate the variable dwelling concepts which currently exist in the residential marketplace. This district includes medium density residential development that is single-family, on separately platted lots with frontage onto publicly dedicated streets, and typically owner -occupied. USES GENERALLY: In an R-TH district, no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. A. PERMITTED USES: The following uses shall be permitted as principal uses: 1. Single-family attached dwellings. 2. Churches, convents, and other places of worship. 3. Parks, playgrounds, and nature preserves, publicly owned. 4. Public utility uses required to service the district. 5. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the City for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of ninety-five (95) percent of the lots in the subdivision. 6. Model homes and model home parking lots are permitted as a temporary use in new subdivisions, provided a notice is continually posted in a prominent place in a livable area in the home and the owner signs an affidavit on a form approved by the Director of Community Development affirming compliance with all the regulations of this Section. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to dwelling units provided that none shall be a source of income to the owner or user of the principal family dwelling: 1. Private swimming pools and tennis courts no closer than seventy-five (75) feet to any adjacent residential district. 2. Cabana, pavilion, or roofed area. 021006 1 Section 20 DRAFT COPY 02-16-06 3. Meeting, party, and/or social rooms in common areas only. 4. Off-street parking and private garages in connection with any use permitted in this district. 5. One storage building per dwelling unit one hundred (100) square feet or less, and having no plumbing. 6. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. No accessory uses may be located between the building line and the front property line. Private garages on lots having a minimum width of less than forty (40) feet must be entered from the side or rear. Said lots shall not have driveways on or within the front building setbacks. C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48, and a conditional use permit is issued. Public and non-profit institutions of an educational, religious or cultural type excluding correctional institutions. 2. Non-profit community centers and swimming pools and tennis courts no closer than seventy-five (75) feet to any adjacent residential district. 3. Memorial gardens and cemeteries. 4. Public and private noncommercial recreation areas and facilities such as country clubs and golf courses excluding miniature golf courses and driving ranges. 5. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. 021006 2 Section 20 D. LIMITATION OF USES: 1. There shall be a separate platted lot of record for each townhouse dwelling unit. 2. Not more than three (3) persons, unrelated by blood or marriage may occupy residences within a R-TH District. 3. Storage of mechanical, maintenance or farm equipment incidental to any permitted or conditional use shall be screened in accordance with the provisions of Section 50, Alternate B or E, from any adjacent residential development or use. 4. Private or public alleys shall not be located in the twenty-five (25) foot required rear yards. Whenever rear access or parking is provided, access shall be from a platted alley or easement. 5. No Storage boxes or any other containers to be picked up or dropped off by curbside self -storage services, moving services and other similar services shall be placed within a public right-of-way. Storage containers to be picked up or dropped off by such services shall be visible from a public right-of-way or adjacent property for a period not exceeding seventy-two (72) consecutive hours, and not more than two (2) instances during any thirty (30) day period. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: A plat, meeting all requirements of the City of Grapevine, has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47, has been approved. 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F. DENSITY REQUIREMENTS: The following density requirements shall apply: MAXIMUM DENSITY: The maximum density within the R-TH District shall not exceed nine (9) dwelling units per gross acre. 021006 3 Section 20 2. LOT SIZE: Lots for any permitted use shall have a minimum area of three thousand (3,000) square feet. No R-TH District shall be created on an area of less than one (1) acre in size. 3. MINIMUM OPEN SPACE: All areas not devoted to buildinas 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. Net less than .. .. . . .: .. . .. ;-- .. 4. MAXIMUM BUILDING COVERAGE: The combined area occupied by all main and accessory buildings and structures shall not exceed forty (40) percent of the total lot area. 5. MAXIMUM IMPERVIOUS AREA: The combined area occupied by all main and accessory buildings or structures shall not exceed eighty (80) percent of the total lot area. 6. MINIMUM FLOOR AREA: Every townhouse dwelling unit hereafter erected, constructed, reconstructed, or altered in this dwelling district shall have at least 1200 square feet of floor area, excluding common corridors, basements, open and screened porches, and garages. G. AREA REGULATIONS: The following minimum standards shall be required: 1. The front yard will have a depth of twenty-five (25) feet. 2. The rear yard will have a depth of twenty-five (25) feet. 3. No side yard width is required except for the following: a. A minimum side yard of fifteen (15) feet shall be required for each end unit in a row of townhouses containing three (3) or 021006 4 Section 20 MEMO TO: PLANNING AND ZONING COMMISSION FROM: SCOTT WIAM ACTING DIRECTOR DEVELOPMENT SERVICES RON STOMBA GH, DEVELOPMENT MANAGER MEETING DATE: FEBRUARY 16, 2006 SUBJECT: AMENDMENT TO SECTION 60, SIGN STANDARDS RELATIVE TO ROOF SIGNS RECOMMENDATION: Staff recommends the Planning and Zoning Commission consider the proposed amendment to Section 60, Sign Standards and authorize Staff to set a public hearing, and take any other action necessary. '•9 R Section 60, Sign Standards makes no special provision for a "roof sign," i.e. those signs that are painted on the roof of a building which are primarily viewed from the air. Specifically they have been prohibited since they were not allowed by ordinance. Staff has increasingly been receiving requests to allow this type of sign and it has been allowed in some special circumstances, e.g. Grapevine Mills Mall, Fellowship Church, and some GCISD school buildings. Given that these types of signs are totally unobtrusive except when viewed from above, Staff recommends they be exempt from the standards set forth in Section 60 with the provision that the painted roof sign cannot be viewed from the property line, right-of-way or public access easement. See the attached draft ordinance. /rs O:\Ordinances\Zoning Ordinance\Drafts\021606Drafts\Secvon60.memo.doc February 10, 2006 (2:04PM) products. 1 • i b. It shall be an affirmative defense to prosecution under this section if the owner of the vehicle can show through a log or other documentation made contemporaneously with the vehicle usage that the primary use of the vehicle is for delivery of the goods or services identified on the vehicle, or other bona fide business transportation. Primary use shall mean more than 50% of the total hours such vehicle is in use. C. Exceptions: 1. Vehicle identification signs attached to or painted upon a vehicle used for delivery or bona fide business transportation. 2. Political signs in or upon a motor vehicle when not illuminated. 14. USE OF OBJECTS AS SIGNAGE. Displaying, elevating, or continuously moving objects such as cars, trucks, vans, or boats or other similar objects for the purpose of identifying, advertising or drawing notice to a place of business shall not be permitted. D. TRAFFIC SAFETY. 1. No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control -sign, signal or device, or where it may interfere with, mislead or confuse traffic. 2. No sign shall be located in any vision triangle formed by the center lines of any two (2) intersecting streets. At any intersection where at least one of the intersecting streets is an arterial street (as defined in the Thoroughfare Plan of the City of Grapevine) the sides of the triangle formed by the center lines of the intersecting streets shall be one hundred -twenty (120) feet in length as measure outward from the point of intersection of such center lines along such center lines. At all other intersections, each of such sides shall be eighty (80) feet in length. 1. The following signs shall be exempt from the requirements of this section: (a) Flags, or emblems of a government or of a political, civic, 021006 Section 60 11 DRAFT COPY 02-16-06 philanthropic, educational or religious organization, when displayed on private property. 1) Flags or emblems of a business or corporation when displayed on private property and accompanied by both the national flag and the state flag. One business or corporate flag shall be permitted per lot of record. All flags displayed must follow the rules of standard flag etiquette and all business or corporate flags shall be no larger than the accompanying national or state flag. (b) Signs of a duly constituted governmental body for traffic or similar regulatory devices, legal notices, warnings at railroad crossings, recreational scoreboards for football, baseball fields or other sports attractions, and city park signage; and other instructional or regulatory signs having to do with health, hazards, parking, dumping, etc. Off premise signs or commercial billboards shall not be exempt from this section. (c) Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. (d) Small signs, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restroom, freight entrances, and the like, (shall) conform to the following regulation: (1) The maximum height of the sign shall be forty-two (42) inches. (2) A company logo or name shall not exceed ten percent (10%) of the sign. (3) Directional signs, i.e., enter, exit, drive-through, shall have an arrow indicating the direction of travel. (4) The maximum gross surface of the sign cabinet shall be five (5) square feet. (e) Scoreboards in athletic stadiums. (f) Temporary political signs regulated by Chapter 20, Article 11, Division 3, of the Grapevine Code of Ordinances. 021006 Section 60 12 1111 i��T31 M_M95M I, (g) Signs in the right-of-way regulated by Chapter 20, Article 1, Section 20-17.1 of the Grapevine Code of Ordinances. (h) Permission is granted as a special privilege to any business in a properly zoned area to display flags, banners and balloons for a period not exceeding two (2) weeks in any quarter of a calendar year in connection with special sales being conducted by said business. Such signs and their placement must be approved by the Director of Development Services. Such flags, banners and balloons may be erected and maintained only during such two (2) week period. Flags, banners and balloons which advertise a business's grand opening may be displayed for a extended period not to exceed thirty (30) days within sixty (60) days of the issuance of a Certificate of Occupancy for a new business. Flags, banners and balloons which advertise a business going out of business may extend the two week period not to exceed thirty days. A permit shall be required. (i) Permission may be granted by the Director of Development Services as a special privilege to civic organizations and other nonprofit organizations to erect signs promoting special events or activities at the locations and times, and under the conditions specified by the Director of Development Services. A permit shall be required. (j) On -premises signs for hospitals as defined in Section 12.A.196 of this Ordinance. (k) On premise signage consisting of painted roof signs when not visible from the subiect property line, public right-of-way, or public access easement. 2. The following signs are exempt from the zoning permit requirement of Section 60.A., but shall comply with all of the other regulations imposed by this section: (a) Nameplate signs not exceeding two (2) square feet in gross surface area accessory to a single-family or two-family dwelling. (b) Nameplate signs not exceeding fifteen (15) square feet in gross surface area accessory to a multiple -family dwelling. (c) On -premises signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced 021006 Section 60 13 MEMO TO: PLANNING AND ZONING COMMISSION FROM: SCOTTWIL1 MS, ACTING DIRECTOR DEVELOPMENT SERVICES ! RON STOMBA GH, DEVELOPMENT MANAGER MEETING DATE: SUBJECT: AMENDMENT TO SECTION 60, SIGN STANDARDS RELATIVE TO GARAGE SALE SIGNS Staff recommends the Planning and Zoning Commission consider possible changes and amendments to Section 60, Sign Standards relative to garage sale signs, and take any other action necessary. The City of Grapevine Code of Ordinances and Zoning Ordinance allow limited types of signs in the right-of-way. Section 20-13.1 (attached) allows political signs and weekend advertising signs to be placed in the right-of-way under very limited and specific conditions. Section 60 of the Zoning Ordinance exempts signs regulated by Section 20- 13.1 of the Code of Ordinances, and has no other provisions for the placement of signs in the right-of-way. Furthermore, the Zoning Ordinance specifically prohibits signs on trees, fences, or utility poles, and prohibits all other off-site advertising with few exceptions. In other words, City ordinances do not allow garage sale signs to be placed in the right-of-way. Notwithstanding the above limitations, it has been a long-standing policy that the Building and Code Enforcement Departments not interfere with the placement of garage sale signs for residential property, even if the sign is located in the right-of-way. The majority of these signs are put out on Fridays, and if staff finds them still displayed on Monday, they are typically removed and discarded. Recently there have been complaints about these signs from citizens. Comments have been made regarding the eyesore that such signs in the right-of-way create. Staff has also received vehement complaints from realtors and property owners who are told they can't place sale or lease signs in the right of way, but when they ask about garage sale signs, they are told it is a policy to allow them. Staff would like the Planning and Zoning Commission to discuss this issue, and provide direction as to whether or not our current policy is desirable and/or appropriate. If the Commission decides that the policy is inappropriate, staff will immediately begin to enforce the ordinances strictly as they are written. If the Commission would like to see garage sale signs remain exempt, a draft ordinance will be brought before you 0:\Ordinances2oning Ordinance\Drafts\021606Drafts\Seclion60.memo2.doc February 10, 2006 (3:19PM) amending Section 60 of the Zoning Ordinance to allow garage sale signs to be placed in the right-of-way. Sec. 20-13.1. Signs on rights-of-way. (a) It shall be unlawful for any person to erect any type of sign; excluding authorized construction signs, or city, county, state and federal traffic -control signs; within the public right-of-way. (b) It shall be unlawful for any person to erect any type of sign on any public utility pole situated within the public right-of-way, except signs placed on said poles by the owners of same. (c) Temporary signs may be placed in the public right-of-way if they fall within the following categories and comply with the stated requirements: (1) Political signs of a temporary nature of not more than four square feet in an area may be placed in public rights-of-way in that portion of the City of Grapevine represented by a candidate for which a resident of Grapevine may vote. Said signs may be placed in said rights-of-way only during the 17 -day period immediately preceding the election, or to coincide with the early voting period, for which they are posted and shall be removed within three days after the election. (2) Weekend advertising signs directing prospective purchasers of new residential developments may be placed in public rights-of-way only under the following conditions: a. Registration required. No person shall place weekend advertising signs in the right-of-way without annually registering with the community development department for each advertiser. b. Registration fee. The annual registration fee shall be $50.00. C. Placement. 1. The edge of the sign shall be no closer than three feet from the street curb or edge of pavement. 2. Signs of any one advertiser must be at least 1,000 feet apart. Sign spacing at intersections designating a change of direction may be reduced to a minimum of 400 feet. These distances are measured along the same street and on either 0:\Ordinances2oning Ordinance\Drafts\021606Drafts\Se2ion60.memo2.doc February 10, 2006 (3:19PM) side of the same street. 3. No sign shall be placed closer than 25 feet from an intersection nor obstruct vision of traffic. 4. No sign shall be placed along South Main Street from its intersection with Franklin Street to its intersection with Wall Street. 5. Weekend advertising signs shall not be placed in the right- of-way of the front yard nor on the side yard of a corner lot adjacent to a street, nor rear yard which abuts a street of developed property if the owner, tenant or lessee objects to the placement of the sign. d. Size limitation. Signs shall not exceed five square feet in size and shall be installed no more than 40 inches above grade. e. Time schedule. Signs shall only be allowed between the hours of 12:00 noon Friday until 12:00 noon Monday, except that if a legal holiday falls on a Friday, signs will be permitted commencing 12:00 noon Thursday, and if a legal holiday falls on a Monday, signs will be permitted until 12:00 noon Tuesday. f. Lighting restrictions. No sign shall be lighted. g. Maintenance. Any sign that is dented, faded or unclean shall be replaced. h. Placement and removal of signs. Signs shall only be placed in the right-of-way or removed from the right-of-way between the hours of one hour after sunrise and one hour before sunset. No signs shall be placed in the right-of-way on Friday between the hours of 3:30 p.m. and 6:30 p.m. i. Permission may be granted by the director of community development to allow a maximum of three signs to an advertiser that would exceed the minimum requirements of subsection (c)(2)c.2. of this section. (3) Fines for noncompliance. Violators of any provision of this subsection 20- 13.1(c) shall be subject to the fines set forth in this Code and, in addition, signs in violation of subsection 20-13.1(c) may be removed by any agent or employee of the city and destroyed without liability to the city or to its agents or employees. O:\Ordinances2oning Ordinance\Drafts\021606Drafts\Seoion60.memo2.doc February 10, 2006 (3:19PM) (4) It shall be unlawful to place or leave temporary signs listed in subsections (1) and (2) above in the public right-of-way at any time other than the specifically delineated period of time. (d) It shall be unlawful for any person to erect any type of sign on property owned or leased by the city, county, state or federal government or any other governmental entity without the expressed consent of said governmental entity. Any such sign erected in violation of this subsection may be removed by the authorized officials for said governmental entity. (Ord. No. 77-32, §§ 1--3, 7-19-77; Ord. No. 89-54, § 1, 8-15-89; Ord. No. 89-74, § 1, 11-21-89; Ord. No. 91-19, §§ 1--3, 3-19-91; Ord. No. 94-105, § 1, 12-6-94; Ord. No. 2000-41, § 1, 4-18-00; Ord. No. 2001-91, § 1, 12-4-01; Ord. No. 2003-03, § 1, 1-21-03) Cross references: See also, § 20-30 et seq. O:\Ordinances\Zoning Ordinance\Drafts\021606Drafts\Se4lon60.memo2.doc February 10, 2006 (3:19PM) STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Planning and Zoning Commission of Workshop on this the 16th day of February, Room, 2nd Floor, 200 South Main Street, members present -to -wit: Larry Oliver Herb Fry Chris Coy Danette Murray B J Wilson Rob Undersander Becky St. John Mark Lowery Andrea Roy constituting a quorum, and also present: Roy Stewart Sharron Spencer and the following City Staff: H. T. (Tommy) Hardy Scott Williams Ron Stombaugh Joe Moore Susan Batte CALL TO ORDER M39 -30 ■ • 1/• the City of Grapevine, Texas met in 2006, in the City Council Conference Grapevine, Texas with the following Chairman Vice -Chairman Member Member Member Member Member Alternate Alternate Council Representative City Council Member Assistant City Manager Acting Development Services Director Development Manager Assistant Parks & Recreation Director Administrative Secretary Chairman Larry Oliver called the Workshop to order at 6:10 p.m. DISCUSSION RELATIVE TO Section 41 "PD" PLANNED DEVELOPMENT OVERLAY First for the Planning and Zoning Commission to consider was a discussion regarding Section 41, "PD" Planned Development Overlay and its intended use and application, and take any necessary action. 021606wk P & Z WORKSHOP MINUTES FEBRUARY 16, 2006 Since it's adoption April 19, 2005, five applications have been considered and discussed in a public hearing that have utilized the provisions set forth in Section 41. One was denied (Gamestop) and the remaining four have generated varying degrees of controversy and debate as to the appropriateness, intent, and application of the overlay. Given the few remaining vacant tracts of land left to develop in the City the possibility exists that as this property develops, a planned development overlay will be a part of process. The same holds true for existing developed property that evolves and redevelops. Discussion was held regarding the elimination of the ordinance as well as revising the ordinance to make the requirements of the application more restrictive. An agreement was reached by consensus to forward to staff any suggestions on how to make the ordinance more restrictive then set another meeting with the complied information. DISCUSSION RELATIVE TO SECTION 51, REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL AREAS AND SECTION 20, "R-TH" TOWNHOUSE DISTRICT RELATIVE TO OPEN SPACE Next for the Commission to consider was possible changes and amendments to the Comprehensive Zoning Ordinance, Section 51, Requirements for Open Space and Recreational Areas and Section 20, "R-TH" Townhouse District relative to open space, and take any other necessary action. Currently, Section 51 mandates that as new residential developments occur within the City, sufficient land is dedicated or set aside for useable open space and recreational space for parks, playgrounds, picnic areas etc. All properties that fall within any of the single family zoning districts (R-20, R-12.5, R-7.5 and R-5.0) are required to dedicate 300 square feet per dwelling unit to this open space requirement. In certain cases a fee may be paid in lieu of the dedication. Based on a request from the Director of the Parks and Recreation Department, it is recommended that the "R-TH" Townhouse District be added to the list of those zoning districts that require the separate dedication of usable open space. For whatever reason yet undetermined, the "R-TH" Townhouse District was never included in the list of districts requiring dedication of open space. It is the only remaining individually platted residential zoning district not included in the list of districts requiring open space dedication. Given the amount of interest the residential development community is generating in proposing townhouse projects within the City. Joe Moore, Assistant Parks & Recreation Director, spoke to the Commission regarding the need open space in neighborhood developments. With the increase of "R-TH" Townhouse District zoning there is a need additional parks/playgrounds. The "R-TH" Townhouse District would be required to provide three hundred (300) square foot per dwelling unit. The minimum park size is 30,000 square foot. In the 021606wk 2 P & Z WORKSHOP MINUTES FEBRUARY 16, 2006 event that the development is small that 100 units the developer shall pay the City of Grapevine a sum of money to expand or improve an existing park nearby. After a brief discussion, Chris Coy moved to set a public hearing on regarding Section 51, Requirements for Open Space and Recreational Areas and Section 20, "R-TH" Townhouse district relative to open space, Rob Undersander seconded the motion, which prevailed by the following vote: Ayes: Oliver, Fry, Coy, Murray, Wilson, Undersander and St. John Nays: None DISCUSSION RELATIVE TO SECTION 60 SIGN STANDARDS Next for the Commission to consider was Section 60, Sign Standards relative to roof signs and take any other action necessary. Section 60, Sign Standards makes no special provision for a "roof sign," i.e. those signs that are painted on the roof of a building which are primarily viewed from the air. Specifically they have been prohibited since they were not allowed by ordinance. Staff has increasingly been receiving requests to allow this type of sign and it has been allowed in some special circumstances, e.g. Grapevine Mills Mail, Fellowship Church, and some GCISD school buildings. After a brief discussion, Chris Coy moved to set a public hearing on regarding Section 60, Sign Standards with the addition of a sentence "A permit shall be required.", B J Wilson seconded the motion, which prevailed by the following vote: Ayes: Oliver, Fry, Coy, Murray, Wilson, Undersander and St. John Nays: None DISCUSSION RELATIVE TO SECTION 60 SIGN STANDARDS Next for the Commission to consider was Section 60, Sign Standards relative to garage sale signs. The City of Grapevine Code of Ordinances and Zoning Ordinance allow limited types of signs in the right-of-way. Section 20-13.1 allows political signs and weekend advertising signs to be placed in the right-of-way under very limited and specific conditions. Section 60 of the Zoning Ordinance exempts signs regulated by Section 20-13.1 of the Code of Ordinances, and has no other provisions for the placement of signs in the right-of-way. Furthermore, the Zoning Ordinance specifically prohibits signs on trees, fences, or utility poles, and prohibits all other off-site advertising with few exceptions. In other words, City ordinances do not allow garage sale signs to be placed in the right-of-way. 021606wk 3 Notwithstanding the above limitations, it has been a long-standing policy that the Building and Code Enforcement Departments not interfere with the placement of garage sale signs for residential property, even if the sign is located in the right-of- way. The majority of these signs are put out on Fridays, and if staff finds them still displayed on Monday, they are typically removed and discarded. Recently there have been complaints about these signs from citizens. Comments have been made regarding the eyesore that such signs in the right-of-way create. Staff has also received vehement complaints from realtors and property owners who are told they can't place sale or lease signs in the right of way, but when they ask about garage sale signs, they are told it is a policy to allow them. After a brief discussion it was decided by consensus to take no action on this item. ADJOURNMENT With no further business to discuss, Chris Coy moved, with a second by Danette Murray, to adjourn the meeting at 7:35 p.m. and the motion prevailed by the following vote: Ayes: Oliver, Fry, Coy, Murray, Wilson, Undersander and St. John Nays: None PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 21ST DAY OF MARCH, 2005. HA 41 H?A?RMA ATTEST: SECRETARY 021606wk 4