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Home My WebLink About1999-09-09AGENDA CITY OF GRAPEVINE FIRST TRI -ANNUAL PLANNING AND ZONING COMMISSION WORKSHOP THURSDAY, SEPTEMBER 9, 1999 AT 6:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR - CITY HALL 200 SOUTH MAIN STREET, GRAPEVINE, TEXAS CALL TO ORDER III. NEW BUSINESS A. Planning and Zoning Commission to discuss amendments to Section 12, Definitions, relative to Section 12.A.70, Customary Home Occupation, and take any necessary action. B. Planning and Zoning Commission to discuss amendments to Section 52, Tree Preservation, and take any necessary action. C. Planning and Zoning Commission to discuss amendments to Section 49, Special Use Permit, relative to collocation of cellular antenna's, and take any necessary action. (Darlene Freed) D. Planning and Zoning Commission to discuss amendments to Section 42, Supplementary District Regulations, relative to buildings across zoning lines, and take any necessary action. E. Planning and Zoning Commission to discuss amendments to Section 58, Parking, Loading and Outside Storage Area Development Standards, relative to Section 58.A, off street parking facilities, and take any necessary action. F. Planning and Zoning Commission to discuss the Masterplan. G. Planning and Zoning Commission to discuss the impact of the airport property with the property located on Main Street. (Chris Coy) V. ADJOURNMENT 0:\ZCU\AGNWK0909.99 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 3RD DAY OF SEPTEMBER, 1999 AT 5:00 P.M. DIRECTOR OF DEVELOPMENT SERVICES 0AZCUWGN W K0909.99 MEMORANDUM CITY OF GRAPEVINE TEXAS TO: PLANNING AND ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES%tq) RON STOMBAUGH, PLANNER II DATE: AUGUST 30, 1999 SUBJECT: AMENDMENT TO SECTION 12, DEFINITIONS, RELATIVE TO ITEM 70. CUSTOMARY HOME OCCUPATION RECOMMENDATION Staff recommends the Planning and Zoning Commission consider the following amendment to Section 12, Definitions, relative to Item 70. Customary Home Occupation and take any action necessary. BACKGROUND INFORMATION Staff has received over a period of time, inquiries and complaints from residents concerning businesses that are being operated within residentially zoning property. Most complaints are generally related to the sale and/or repair of motor vehicles from a single family residence, the outside storage of equipment and materials, increased traffic from assumed customers of the business, vehicles related to the business, and delivery vehicles to the business, e.g., UPS, Federal Express. Staff has had inquiries from individuals who wish to purchase or lease homes in the City from which they could conduct a business that meets our current definition of a home occupation but, would not reside in the home. The Board of Zoning Adjustment considered an appeal to Staffs interpretation of the customary home occupation definition at their October 6, 1997 public hearing. The applicant operated an embroidery business from the home and had an employee, who was not a member of the family, involved in the operation. A large piece of specialized embroidery equipment was used as part of the business. Despite these obvious violations of the current customary home occupation definition, the Board chose to approve the applicant's appeal. Staff contacted Municipal Planning cities and offer a recommendatior customary home occupation in an relative to home-based businesses. irs 0AWMSEC12.MEM Resources Group, Inc. to conduct a survey of other as to how to redefine our current definition of a effort to reduce/eliminate the problems that exist See the attached report. 1 •• Section 12. Definitions 09-07-99 A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such construction would be inconsistent with the manifest intent of the City Council or where the context of this ordinance clearly indicates otherwise: 1. ACCESSORY BUILDING OR ACCESSORY STRUCTURE shall mean a subordinate building or structure, attached to or detached from the main building, and customarily incidental to the principal building. 2a. ACCESSORY USE shall mean a use subordinate to and incidental to the principal use. 2b. ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug -operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. 2c. ADULT BOOKSTORE OR ADULT VIDEO STORE means a commercial establishment which, as one of its principal business purposes, openly advertises or displays or offers for sale or rental for any form of consideration any one or more of the following: 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or 2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. 2d. ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: 1. Persons who appear in a state of nudity or seminudity; or 101795 Section 12 1 DRAFT COPY 09-07-99 2. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or 3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. 2e. ADULT MOTEL means a hotel, motel or similar commercial establishment which: Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this type of photographic reproductions; or 2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or 3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. 2f. ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. 2g. ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. 3. AIRPORT shall mean a landing facility for aircraft approved by the United States Federal Aviation Agency. 101795 2 Section 12 DRAFT COPY 09-07-99 12. BREW PUB is defined in accordance with the definition contained in the Texas Alcoholic Beverage Code, as from time to time amended, and as defined at the time of passage of this ordinance, in Title 3, Subtitle B, Chapter 74 of the Texas Alcoholic Beverage Code. All authorized activities, requirements and limitations contained within said Chapter 74, as from time to time amended, are hereby incorporated in the body of this ordinance by reference as if copied in their entirety, provided brew pubs shall be authorized and permitted uses in any commercial zoning category zoned for that purpose pursuant to Section 48. This definition of brew pub applies to Chapter 4 of the City Code and throughout the City's applicable ordinances and Code. 13-28. RESERVED FOR FUTURE USE. 29. BASEMENT shall be defined in the Grapevine Building Code, Chapter 4, Definitions and Abbreviations. 30. BEDROOMS shall mean a room in an apartment other than a kitchen, dining room, living room, bathroom, or closet. This definition shall include extra dining rooms, living rooms, and all dens, studies, game rooms, sun rooms, or similar extra rooms, all of which are capable of being used as bedrooms. 31. BLIND FENCE OR WALL shall mean a fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level. 32. BLOCK shall mean an area within the city enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side. 33. BREEZEWAY shall mean a covered one story in height connecting a main structure and an accessory building. 34. BUILDING shall mean any structure built for the support, shelter and enclosure of persons, animals, chattels, or moveable property of any kind. 35. BUILDING LINE shall mean a line parallel or approximately parallel to the street line and beyond which building may not be erected. 36. BUSINESS SERVICE shall mean a commercial use, other than retail sales and professional services, devoted to: 101795 Section 12 4 DRAFT COPY 09-07-99 (a) The fabrication, processing, assembly, cleaning, or repair of articles of goods, wares, merchandise, foods, liquids or plants, but excluding the manufacturing of such articles and automobile repair garages. (b) The instruction, training, or physical treatment of animals, but excluding animal shelters or places where animals are kept on the premises overnight. (c) The providing of temporary abodes for transient persons, such as a hotel or motel. (d) The providing of food, drink or entertainment to persons. 37. CABANA shall mean a secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. 38-59. RESERVED FOR FUTURE USE. 60. CARNIVAL OR CIRCUS shall mean a temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation. 61. CHURCH shall mean the place of worship and religious training of recognized religions, including the on-site housing of ministers and families, priests, rabbis and nuns. 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. 101795 Section 12 5 DRAFT COPY 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 in a multiple unit structure or structures with common elements as defined in Article 1301 a Texas Revised Civil Statutes Annotated. 67. CONVALESCENT HOME shall mean any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 68. CORNER LOT shall mean a lot situated at the junction of two (2) or more streets. 69. COUNTRY CLUB shall mean an area containing a golf course and a club house available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. 70. CUSTOMARY HOME OCCUPATION shall mean an occupation customarily carried on in the home by a member of the occupant's family , ' , �a+�ti+�g. provided that: (a) The home occupation shall be clearly secondary to the residential use of the dwelling and there may be no evidence of the home occupation visible to the neighborhood 101795 n Section 12 DRAFT COPY 09-07-99 (b) There shall be no structural alteration to the premises/building or any of its rooms, which changes the residential character of the dwelling_ (c) There shall be no installation of machinery or additional equipment other than customary to household operations (d) No person other than a member of the family of the owner or the user of the dwelling shall be employed or work in such home occupation and such employees must also be occupants of the residence (e) A home occupation may not create noise vibration, glare, fumes odors, or electrical interference which is detectable off of the premises and may not cause visual or audible interference in radio or television receivers or fluctuations in line voltage off of the premises (fl A home occupation must be carried on wholly within the principal dwelling, and not in an accessory building_ (g) No signs or displays advertising the home occupation may be placed on the property where the home occupation is conducted (h) Any retail sales or other activity conducted on the premises shall be of such a nature as to not appreciably increase the vehicular traffic or pedestrian activity in the neighborhood and shall not encourage queues, browsing of displays or any similar activity. (i) Outside storage of merchandise or equipment is prohibited (i) Parking for the home occupation must be provided on a paved surface off of the street and not in a required front yard (k) A customary home occupation shall not include the physical or medical treatment of persons or animals professional services business services, barber shops beauty shops, dance studios carpenter shops electrical shops, plumber shops radio shops, auto repairing or painting, furniture repairing, or sign painting (I) Sales of motor vehicles shall be limited to a maximum of two vehicles per calendar year. 101795 Section 12 MPRG nhmco Municipal Planning Resources Group, Inc. MEMORANDUM TO: Ron Stombaugh, City of Grapevine FROM: DeAnne McKenzie, Municipal Planning Resources Group, Inc. SUBJECT: Home Occupation Research DATE: September 18, 1998 1161 S.W. Wilshire Blvd. suite 119 Bi deson, TX 7602.8 Tele: (817) 295-2700 Fax: (817) 295-3049 BACKGROUND The City of Grapevine has requested that Municipal Planning Resources Group, Inc. provide information regarding home occupations and how they are regulated by other cities. The City has had situations arise where home occupations have not been consistent with the intent of the provisions of the Grapevine Comprehensive Zoning Ordinance, although they have been in compliance with the ordinance requirements. This report provides a summary of Grapevine's home occupation regulations, information regarding home occupation regulations in area cities, and recommendations for an amendment to the City of Grapevine Comprehensive Zoning Ordinance. The Grapevine Comprehensive Zoning Ordinance defines "Customary Home Occupation" as, "an occupation customarily carried on in the home by a member of the occupant's family without structural alteration in the building or any of its rooms and without the installation of machinery or additional equipment other than customary to normal household operations, provided that no person other than a member of the family of the owner or the user of the principal single-family dwelling shall be employed or work in or at such home occupation. A customary home occupation shall not include the physical or medical treatment of persons or animals, professional services, business services, barber shops, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, radio shops, auto repairing or painting, furniture repairing, or sign painting." Customary home occupations are allowed in the R-20, R-12.5, R-7.5, and R-5.0 residential zoning districts as an accessory use. RESEARCH MPRG, Inc. consulted the Zoning Ordinances of thirteen cities in the Dallas -Fort Worth metroplex area. The following information provides details of how each of the cities addresses home occupations. Memorandum Home Occupation Research September 18, 1998 Page 2 of 12 Bedford: The City of Bedford permits home occupations in all single family districts and in the "MD -1" Duplex district and the "MD -2" Triplex/Quadplex district. The use is regulated in the Use Regulations subsection of each section describing the spec zoning districts as follows: "Accessory uses including parking areas are customarily incident to the uses in Section 6, Schedule of Permitted Principal Uses and located on the same lot therewith, not involving the conduct of a business or industry. a. The term accessory use shall include customary home occupations such as the office of dressmaker, musician, or artist (but not including barbers or beauticians), under the following restrictions: (1) That such uses are located in the dwelling used by a person as his or her private residence. (2) That no assistant other than a member of the family household is employed. (3) That no power other than electric and of not more than one-fourth horse power is used in any one machine and not more than one horse power total is used in such activities." Benbrook: Home occupations are permitted in all residential districts in Benbrook as a conditional use, except the "D" Multi -family district. Home occupation is defined in the Definitions section of the Zoning Ordinance in the following manner. "Home Occupation — An occupation conducted in a dwelling unit, provided that: a. No person other than members of the family residing on the premises shall be engaged in such occupation; b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than two hundred fifty square feet (250 sq. ft.) of floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No sign advertising a home occupation shall be placed on property where a home occupation is conducted. d. Contractors who work at other locations but use their home as a base of operations may store material and equipment associated with their trade only within a totally enclosed building or otherwise screened from view from the Memorandum Home Occupation Research September 18, 1998 Page 3 of 12 street or from neighbors. All storage areas must be well maintained and kept free of weeds, litter, and debris. Parking for any employees (assistants, apprentices, etc.) must be off the street on a paved surface. e. There shall be no sales from the dwelling in connection with such home occupation; any sales shall be clearly secondary. f. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for -parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard. g. No equipment, process, or work shall be used or conducted in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment, process, or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. h. The operation of beauty culture schools, beauty parlors, barber shops, or lawn mower or other small engine repair shall not be permitted as a home occupation. i. No outdoor storage of any type shall be permitted with any home occupation." The district regulation section for each residential district also contains regulations for home occupations under the heading Conditional Uses, as follows: "Conditional Uses 4. Uses customarily incident to any of the above uses when situated in the same dwelling and when not involving the conduct of a business or industry, except for home occupations as heretofore defined, such as the office of a physician, surgeon, dentist, or art gallery." Carrollton: Carrollton permits home occupations in all residential zoning districts. The definition which is provided in the Definition section of the Zoning Ordinance for home occupation is as follows: "Home Occupation: A business activity customarily carried on in the home by a member of the occupant's family without structural alterations in the building or any of its rooms, without the installation or outside storage of any machinery, equipment, or materials other than that customary to normal household operations, Memorandum Home Occupation Research September 18, 1998 Page 4 of 12 without the employment of persons not residing in the home, without the use of a sign to advertise the occupation, and which does not cause the generation of additional traffic in the street." Cleburne: The City of Cleburne permits home occupations in all of the City's residential districts. The regulations for this use are provided in the Permitted Uses and Definitions section of the Zoning Ordinance, as defined below: "Home Occupation - A home occupation is an occupation carried on in the home by a member of the occupant's family without the employment of additional persons, without the use of a sign to advertise the occupation, which does not involve open storage and which does not create obnoxious conditions to abutting residential property such as emission of odor, excessive light or smoke, and where the use is carried on in the main structure only and does not alter or change the exterior character or appearance of the dwelling or affect the residential character of the neighborhood. A home occupation shall specifically exclude, but not be limited to, the following. the operation of a repair garage, beauty shop or barber shop, television; radio or electronic repair, bicycle repair, or lawn mower repair." Flower Mound: Flower Mound allows home occupations to be located in all residential districts. The regulation is found in the following definition from the Definitions and Explanations Related to Use Schedules section of the City's Zoning Ordinance. "Home Occupation - A home occupation is an occupation customarily carried on in the main structure of the home by a member of the occupant's family without structural alteration in the building or any of its rooms, and without the installation of machinery or additional equipment other than that customary to normal household operations, provided that no person other than a member of the family of the owner or the user of the principal single family dwelling shall be employed in or work in or at such home occupation. A person who engages in a home occupation shall not use an advertisement sign, or display on or off the premises; shall not operate during the hours other than 8:00 a.m. to 6:00 p.m. for outdoor activities and 8:00 a.m. to 10:00 p.m. for indoor activities; shall not involve more than four (4) patrons on the premises at one time; shall not conduct outdoor activities unless the activities are screened from the neighborhood property by a solid fence of at least six feet (6') in height; shall not generate loud and raucous noise that renders Memorandum Home Occupation Research September 18, 1998 Page 5 of 12 the enjoyment of life or property uncomfortable or interfere with public peace and comfort; and shall not sell products on the premises. A customary home occupation shall not include the physical or medical treatment of persons or animals, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, heating and air conditioning shops, radio shops, auto repairing or repainting, furniture repairing, sign painting or similar activities." Granbury: Granbury permits home occupations in all of their residential districts. The regulation of this use appears in the Definition section of the ordinance, as follows: "Home Occupation: An occupation which is secondary to the primary use of a dwelling as a residence, conducted on residential premises solely by an occupant of the residence. A home occupation is one that is customarily named on in the home, but does not include a business that: (a) utilizes an advertisement, sign, or display on the premises; (b) employs persons other than the occupants of the residence; (c) utilizes other than the ordinary household equipment; (d) operates during the hours other than 8:00 a.m. to 6:00 p.m. for outdoor activities and 8:00 a.m. to 10:00 p.m. for indoor activities; (e) involves more than six (6) patrons on the premises at one time; (f) conducts outdoor activities, unless the activities are screened from neighboring property; (g) has exterior storage of material, equipment, and/or supplies and used in conjunction with such occupation; (h) has offensive noises, vibration, smoke, dust, odors, heat, or glare beyond the property lines; and (i) parking required is not more than four (4) spaces, two (2) of which are on site. (Examples of a home occupation are the teaching of music, swimming, and operations carried on as telecommuting)." Grand Prairie: Grand Prairie permits home occupations in all of their zoning districts, with the exception of the "HD" Hospital District. The following definition is provided in the Zoning Ordinance: "Home Occupation: An occupation customarily carried on in the home by a member of the occupant's family, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any commodity for sale on the premises, and which does not create obnoxious noise or other obnoxious conditions to abutting residential property, such as odor, increased traffic, smoke, etc." Memorandum Home Occupation Research September 18, 1998 Page 6 of 12 Keller: The City of Keller provides the following definition in the Definitions section of their Zoning Ordinance for home occupation. The use is permitted in all residential districts. "Home Occupation - Any occupation or activity carried on principally by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main building; provided that no trading in merchandise or selling of goods or services is carried out on a regular basis and in connection with which there is no display of merchandise and no mechanical equipment is used, except such as is customary for purely domestic or household purposes and does not create obnoxious noise or other conditions such as odor, increased traffic, smoke, or electrical interference. A beauty or barber shop, tearoom or restaurant, rest home or clinic, child care center, bed and breakfast facility, or cabinet, metal or auto repair shop are examples of uses that are not home occupations." North Richland Hills: North Richland Hills permits home occupations in all residential districts, and provides regulations in the Special Development Controls section of their Zoning Ordinance. The City's provision for this use is as follows: "Customary Home Occupations: Customary home occupations are those ordinarily carried on in a home which are not detrimental or injurious to adjoining property, providing that all such uses are located in the dwelling, and that no persons that are not a member of the family residing on the premises are employed, and no signs advertising such home occupation are displayed. This use must not increase normal automobile vehicle traffic in the neighborhood and not require additional off-street parking in order to conduct business. This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conducting of a retail business. Customary home occupations may include, but are not limited to: a. The office of a notary public, accountant, book keeper, architect, lawyer, engineer, musician, or artist; Memorandum Home Occupation Research September 18, 1998 Page 7 of 12 b. Care of not more than four children not related by blood, marriage, or adoption; c. Dressmaker, d. Washing or ironing; and e. Limited sales of household cleaning products, cosmetics, and jewelry. Customary home occupations shall not include the following: f. Barber shops, beauty shops, hair dressers; g. Carpenter shop, electrical shop, plumbing shop; h. Radio and/or TV shops; i. Real estate sales office; j. Tin shops, auto repairing, furniture repairing, or similar uses." Plano: The City of Plano permits home occupations, as defined below, in all residential districts, plus the "CE" Commercial Employment district, "CB" Commercial Business district, and "LI" Light Industrial district. The regulations are found in the Supplementary Regulations section of the Zoning Ordinance. "Home Occupations: In all cases, home occupations shall meet the following conditions and requirements: 1. Only one employee other than occupants of the residence may be employed. A person who receives a wage, salary, or percentage of profits directly related to the home occupation shall be considered an employee. This definition shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business. 2. No interior or exterior signage shall be used to advertise the occupation. Vehicles bearing business signs shall not be parked on the street or within 30 feet of the curb. 3. A home occupation shall be conducted wholly within the principal dwelling, and not in any accessory building. The total floor area to be used for a home occupation shall not exceed twenty percent of the total floor area of the principal dwelling, including garages. However, instructional classes may be held outside providing other stipulations of this ordinance are met. A maximum of six (6) students may be allowed in each session. Memorandum Home Occupation Research September 18, 1998 Page 8 of 12 4. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises. S. No outdoor storage of materials, goods, supplies, or equipment shall be allowed. 6. No building alterations shall be allowed that will alter the residential character of the home. 7. No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed. 8. A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dirt, odors, or heat in excess of those normally found in residential areas. - 9. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposes. 10. No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the required off-street parking for the residence or along the street frontage for the lot." Rockwall: Rockwall permits home occupations in all residential districts. The following definition is provided in the Definitions section of the Zoning Ordinance. "Home Occupations: A home occupation is a commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without offering any commodity or service for sale on premises, without the installation of machinery or additional equipment other than that customary to normal household operations, without the employment of additional persons, without the use of a sign to advertise the occupation, and which does not cause the generation of other than normal noise, and pedestrian and vehicular traffic." Memorandum Home Occupation Research September 18, 1998 Page 9 of 12 Southlake: Southlake permits home occupations in all of its residential districts. The definition which is provided in the Definitions section of the Zoning Ordinance follows: "Home Occupation - An occupation wholly within a dwelling unit provided that: a. No person other than members of the family residing on the premises shall be engaged in such occupation; b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non -illuminated, and mounted flat against the wall of the principal building; d. No home occupation shall be conducted in any accessory building; e No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; f. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; g. Home occupation uses shall not include beauty culture schools, barber and beauty shops, medical or chiropractic offices, or other uses of a similar nature and character." Trophy Club: The Town of Trophy Club permits home occupations in each of their residential districts. The following definition is provided in the Definitions section of the Zoning Ordinance: Memorandum Home Occupation Research September 18, 1998 Page 10 of 12 "Home Occupation: A home occupation is an occupation carried on in the home by a member of the occupant's family without the employment of additional persons, without the use of a sign to advertise the occupation, without structural alterations to the building or any of its rooms, without offering any commodity or service for sale on the premises and which does not involve open storage and which does not create a nuisance to abutting residential property such as emission of odor, increased traffic or generation of light, smoke and where the use is carred on in the main structure only." A majority of the cities surveyed allow home occupations in all of their residential zoning districts. A majority of the cities surveyed provide regulations for the use by specifically defining "home occupation" in the Definition section of their Ordinance. The City of Bedford places regulations for the use in each of the zoning district sections, while Benbrook refers to home occupations in the Conditional Uses section of their ordinance, North Richland .Hills lists the use in the Special Development Controls section, and Plano regulates home occupations in the Supplementary Regulations section of their Zoning Ordinance. A number of elements are common in the definition of home occupations, although cities differ in how they regulate each issue. The ordinances contained a combination of the following elements: employee restrictions, powedemission restrictions, area restrictions, signage restrictions, and parking /traffic restrictions. In addition, a number of cities place examples of acceptable home occupations, or cite spec uses which are prohibited as a home occupation. The accompanying. table found at the end of this report graphically illustrates the regulations of each city, for the sake of comparison. laxKUMMIM • In response to the City of Grapevine's request for assistance in their procedure for handling home occupations, we provide the following recommendations: 1. The City should consider permitting home occupations as an accessory use in all of its residential zoning districts. By tightly regulating home occupations, the City may ensure that the use is not a detriment to the surrounding residential community, while allowing residents to pursue their occupation at home, regardless of the zoning district. The increased access to computer technology and advances in telecommunications now allow many people to work from their home while remaining transparent to the residential Memorandum Home Occupation Research September 18, 1998 Page 11 of 12 neighborhood. It is difficult to regulate activities which occur inside of a structure; by allowing home occupations in all residential districts, the City may alleviate some of its responsibility for enforcement. 2. The City would be consistent with most other cities by continuing to place the regulations for home occupation in the Definitions section of the Zoning Ordinance. 3. The City should consider amending the definition of customary home occupation in the Comprehensive Zoning Ordinance. The following is a mark-up of the City's current definition. The sections which are struck through are recommended to be deleted. The sections which are underlined are recommended to be added. CUSTOMARY HOME OCCUPATION shall mean an occupation customarily carried on in the home by a member of the occupant's family, provided a home,occupation shall be clearix secondary to the residential use of the dwelling. and there a beo evidence of the -home -occupation visible to the ei hborhood. Z. There shall beo withea structural alteration in the building or any of its rooms which Chan es the residential character of the dwelling. Thereshall be no ead witheut installation of machinery or additional equipment Other than customary to normal household operations. 4 pfeN,ided that -n jlo person other than a member of the family of the owner or the user of the pfiaeipal siagle-fdwelling shall be employed or work in or at such home occupation -and- such em to ees must also be occupants of the residence. home occupation ma not create noise vibration lare umes odors or electrical interference w 'ch is detectable off of the premises, and May 11ot cause visual or audible interference in dio or television receivers or fluctuation in line voltage off of theses, 6A home occupation must be carried on whoIl within the rinci al dwelling, and not in an accesso buildin Memorandum Home Occupation Research September 18, 1998 Page 12 of 12 Z. o signs or dis la s advertising the home occu ation may be 121aced on the ro where the Lome occu ation is conducted. B. 21cre shall be no sales conducted on the l2rernises, and any sales associated with the ome occupation shall be cleajry second 2, Qutside storage of merchandise or Muipment is Rrohibited. 10 A,custo=j home occu ation ma of generate an increase in traffic in the residential e' hborhood. EKking for the home occupation Must rovided on a 12aved urface off of the street and not in a Lequired front yard. �,1. A customary home occupation shall not include the physical or medical treatment of persons or animals, professional services, business services, barber shops, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, radio shops, auto repairing or painting, furniture repairing, or sign painting. ai C U O 3 3U O ►. p mfn o 1i pU d0. p %c0acf O E C iU G ba C7 =84` pppO E [� OyU HC t0 °[ aCp0 'UU• pCCJ ..0C. 'd� u 8 7D.° O ° O u O p E p4. 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Z° ��VMt°�`.qhxLaC!+'OVq+ C O p o WiQ°CVWLHv�v°soaLyVi a oZ �. �� cv' °?O. y x v Z0 Q v c.a � °• a � �; � 0 6.O. z$s L VJ z68 0 E 0 57 � p .0 'fl C '�U � •� � o Z> 8 0 ° acic 9,2 O c z 00 y yz �'n o~ oq OCO •C •6 in OO O via 0Ma C- a� cU. a0 O > C o O O E U. C N 00 ca a E L ° 0 �= U g �8CdE 00 •5 ° n N v y oo o C 0�U. C7 O cl pO00. O O o n U O C is CIS LO c :: c o >0�oc.5.c'�c 'g a C0 4; c p m a ,O - C i .; C L E Cd z C a)t y> .� _„ a o C p v Z o0 L Z-' ° a� t1. ° 0. cm 0 0 0 '�` O s E &0 - ZoE= w ZoE5e a �E cl U 0 o E- MEMORANDUM CITY OF GRAPEVINE TEXAS TO: PLANNING AND ZONING COMMISSIONERS FROM: H.T. (TOMMY) HARDY, DIRECTOR OF EVELOPM ENT SERVICES Wk CINDY JACKSON, PLANNER II DATE: August 31, 1999 SUBJECT: AMENDMENT TO THE SECTION 52, TREE PRESERVATION RECOMMENDATION Staff recommends the Planning and Zoning Commission consider the following amendments to Section 52, relative to restricting the removal of trees and the mitigation of tree removal, both authorized and unauthorized and take any action necessary. BACKGROUND INFORMATION In the past year, there have been several instances of the clear cutting of trees in several areas of the city. In many of these instances, the clearing took place in drainage easements. Since the current ordinance does not have any restrictions against clear cutting within drainage easements, there were no enforcement mechanisms available for the city to use in preventing it. The proposed modifications to Section 52 defines a "protected tree", restricts the "topping" of protected trees and the clear cutting of protected trees. It defines when a tree removal permit is necessary and contains mitigation measures should the trees be illegally removed. The ordinance also prevents any further development of an illegally cleared site until all required mitigation measures have been satisfied. 0AZCU\SEC52.MEM Section 52. Tree Preservation A. PURPOSE. The purpose of this section is to establish rules and regulations governing the protection of trees and vegetation cover within the City of Grapevine, to encourage the protection of healthy trees and vegetation and to provide for the replacement and replanting of trees that are necessarily removed during construction, development or redevelopment. B. DEFINITIONS. The following definitions shall apply to this chapter: 1. BUILDABLE AREA: That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on the site plan. 2. DRIP LINE: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. 3. HISTORIC TREE: A tree which has been found by the City to be of a notable historic interest because of its age, type, size or historic association and has been so designated as part of the official records of the City. 4. PERSON: Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing. 5. SPECIMEN TREE: A tree which has been determined by the City to be of high value because of its type, size, or other professional criteria, and which has been so designated as part of the official records of the City. 6. TREE, .mAny self-supporting woody perennial plant which has a caliper of three (3) inches or more when measured at a point of four and one-half (4-1/2) feet above ground level and which normally attains an overall height of at least twenty (20) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks. 8/31/99 DRAFT 1 Section 52 9. YARD AREA: The front, side and rear yard areas as required under the Comprehensive Zoning Code and the zoning district requirements applicable thereto. C. APPLICABILITY. The terms and provisions of this section shall apply to real property as follows: All real property upon which any designated specimen or historic tree is located. 2. All vacant and undeveloped property. 3. All property to be redeveloped, including additions and alterations. 4. The yard areas of all developed property, excluding developed and owner - occupied single-family residential property. 5. All easements and rights-of-way except those included in a plat approved by City Council shall meet the terms and provisions of this section. 1. A Tree Preservation Permit may be required by City Council and approved in connection with a request for a zone change, conditional use or special use permit request or when a plat (preliminary, final, or replat) is filed, unless one has already been approved. This permit shall be prepared by a registered landscape architect, registered architect, registered engineer or registered surveyor. 2. A ��.""y`'�'�`'��Tree Removal Permit shall be required when '"° °��'v'� =trees are Feque6ted to be removed from a site. No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, anytree, specimen tree or historic tree situated on property described above without first obtaining a fl° Tree Removal Permit unless the conditions of Section 52.G8.1 and 52.G .2 apply. A 8/31/99 DRAFT VA Section 52 registered landscape architect, registered architect, registered engineer or registered surveyor shall prepare a permit submitted for approval by the Planning and Zoning Commission. A Tree Removal Permit and/or Protected Tree Removal Permit submitted for approval by Development Services Staff does not have to be prepared by a registered landscape architect, registered architect, registered engineer or registered surveyor. E. TREE PRESERVATION PERMIT. The purpose of this requirement is to provide a review process to preserve the existing natural environment whenever possible and to encourage the preservation of large specimen trees throughout any construction or land development. The Tree Preservation Permit shall include the following: Location of all existing or proposed structures, improvements such as streets, alleyways etc. and site uses, properly dimensioned and referenced to property lines, setback and yard requirements. 2. Date, scale, north point, and the names, addresses and telephone numbers of both property owner and the person preparing the plan. 3. Location of existing and proposed utility easements on the lot. 4. Location and dimensions of visibility triangles on the lot. 5. The City Council shall dictate what caliper size tree to survey for purposes err sb�6v� �A� of preservation of existing trees. trees to remain shall be designated by a circle. 6. The City Council shall dictate what caliper size tree to survey for purposes of removal. '°' °`'."� trees to be removed shall be designated by a triangle. 7. Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal. This same summary shall also be submitted on an 8.5" x 11" sheet of paper. 8.�g Tree Replacement Plan: The plan shall exhibit the location of proposed ', " " Pr s pati trees to be replaced and include a legend indicating the 8/31/99 DRAFT 3 Section 52 species, caliper size and height of proposed' ` ' tree replacement. acement. Replacement trees shall be designated by a square. The legend shall also be submitted on an 8.5" x 11" sheet of paper. (a) No replacement tree may be planted within a visibility triangle, a water course, or an existing or proposed street or alley. (b) A replacement tree must have a minimum caliper of at least three (3) inches when measured at six (6) inches above ground level. (c) A replacement tree that dies within two years of the date it was planted must be replaced by another replacement tree that complies with the Tree Preservation Permit. 9. Tree Protection Plan: The plan shall describe how existing, healthy trees proposed to remain will be protected from damage during any construction or land development in accordance with Section 52.J., Tree Protection. F. TREE REMOVAL PERMIT. Permits for removal or replacement of trees covered herein shall be obtained by making application on a form prescribed by the City and submitted to the Director of Development Services. The application shall be accompanied by a preliminary plat showing the exact location, caliper size, height, and common name of all "� trees to be removed. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of tu�"" "', trees and two (2) copies of a legible site plan drawn to the largest practicable scale indicating the following: Location of all existing or proposed structures, improvements such as streets, alleyways, etc. and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and special relationships. 2. Date, scale, north point, and the names, addresses and telephone numbers of both property owner and the person preparing the plan. 3. Existing and proposed site elevations, grades and major contours. 4. Location of existing and proposed utility easements 8/31/99 DRAFT 0 Section 52 on the lot. 5. Location and dimensions of visibility triangles on the lot. 6. Survey locating ' ""`". a trees on the site to remain that are three (3) inch caliper or greater when measured at a point four and one-half (4-1/2) feet above the ground level. `a. �' trees to remain shall be designated by a circle 7. Survey locating trees on the site to be removed that are three (3) inch caliper or greater when measured at point four and one-half (4-1/2) feet above the ground level. �°a `' = trees to be removed shall be designated by a triangle. 8. Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal. This same summary shall also be submitted on an 8.5" x 11" sheet of paper. 9. Tree Replacement Plan: The plan shall exhibit the location of trees proposed to be replaced and include a legend indicating the species, caliper size and height of proposed tree replacement. Replacement trees shall be designated by a square. The legend shall also be submitted on an 8.5" x 11" sheet of paper. (a) No replacement tree may be planted within a visibility triangle, a water course, or an existing or proposed street or alley. (b) A replacement tree must have a minimum caliper of at least three (3) inches when measured at six (6) inches above ground level. (c) A replacement tree that dies within two years of the date it was planted must be replaced by another replacement tree that complies with the Tree Preservation Permit. 10. Tree Protection Plan: The plan shall describe how existing healthy` trees proposed to be retained will be protected from damage during construction. 8/31/99 DRAFT Section 52 G. APPLICATION REVIEW. Upon receipt of a proper application, the Planning and Zoning Commission shall review the application for new subdivisions and for platted lots, the Director of Development Services shall review applications for platted lots; said review may include a field inspection of the site, and the application may be referred to such Departments as deemed appropriate for review and recommendations. Following the review and inspection, the permit applications will be approved, disapproved, or approved with conditions by the Planning and Zoning Commission or Director of Development Services as appropriate, in accordance with the provisions of this chapter. 9, � .-119 - - No"`"` `�° �` tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist: (a) The �� ' '�. tree is located in a utility or dFaiRage easement or public street right-of-way as recorded on a plat approved by the City Council. �,r��qd�, ria°, In the event that certain trees outside the above areas or trees based partially outside the easement are requested to be removed to allow the operation of equipment, the applicant shall submit a Plat and Site Plan which indicates the exact operation area needed. (b) The °"�'` tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations. (c) Except for the above, under no circumstances shall there be clear cuttingof trees trees on a property p p y prior to the issuance of a building permit. (d) Development Services Staff may approve the removal of trees that interfere with the construction of a building and/or the drainage of a lot. 6 Section 52 ... 2. Upon issuance of a building permit, developer shall be allowed to remove trees located on the buildable area of the property. trees located in required yard areas, buffers and open space areas shall be maintained. The buildable area shall include sufficient adjacent area to allow the normal operation of construction equipment. In the event that it is necessary to remove %at- ee's) outside the buildable area, the developer, as a condition of issuance of` tree removal permit, may be required to replace the tree(s) being removed with comparable trees somewhere within the site. • �«. sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Said replacement trees shall be a minimum of three (3) inches caliper and seven (7) feet in height when planted, and shall be selected from the list of approved replacement trees maintained by the Director of Development Services as approved by the Planninq and Zoninq Commission.. 7 Section 52 8/31/1999 DRAFT J. TREE PROTECTION During any construction or land development, the developer shall clear) �t<' y mark all ,�`� trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, and debris or fill to be placed within the drip line of any tree. During the construction stage of development, the developer shall not allow the cleaning of equipment or material under the canopy of any tree or trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any 4 tree or trees te-ruin. No attachment or wires of any kind, other than those of a protective nature, shall be attached to anyecte tree. T E FV'ING11R RICTIQNS 8 Section 52 8/31/1999 DRAFT L EXCEPTIONS. In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the Director of Development Services and the tree may then be removed without obtaining a written permit as herein required. During the period of an emergency such as a tornado, storm, flood, or other act of God, the requirements of this Ordinance may be waived as may be deemed necessary by the City Council. All licensed plant or tree nurseries shall be exempt from the terms and provisions of this Section only in relation to those trees planted and growing on the premises of said license, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. Utility companies franchised by the City may remove trees which endanger public 9 Section 52 8/31/1999 DRAFT safety and welfare by interfering with utility service, except that where such trees are on owner -occupied properties developed for one -family use, disposal of such trees shall be at the option of the property owner. M EXEMPTION. This Ordinance shall not apply to any development that has received final plat approval prior to the effective date of this Ordinance. 10 Section 52 8/31/1999 DRAFT City of Grapevine REQUIRED TREE LIST FOR REQUIRED LANDSCAPING (Excluding Landscape Islands) (Medium to Large Deciduous Trees) Tree Name Scientific Name Height Width Bald Cypress (Taxodium distichum) 40'-60' 30'-40' Burr Oak (Quercus macrocarpa) 50'-60' 40'-50' Callery Pear (Pyres calleryana) 30' 15'-25' (*Varieties: "Rancho", "Aristocrat", "Capital" "Bradford") Cedar Elm (Ulmus rassifolial) 50'-60' 40'-50' Chinese Pistacho (Pistacia chinensis) 40'-50' 40'-50' Chinquapin Oak (Quercus muhlenbergii) 50'-60' 40'-50' Pecan (Carya illinoensis) 50'-60' 40'-50' Shumard Red Oak (Quercus shumardii) 50'-60' 40'-50' Texas Red Oak (Quercus shumardii) 30'-35' 20'-30' Western Soapberry (Sapindus drummondii) 30'-40' 25'-35' Southern Magnolia (Magnolia grandiflora) 60'-80' 30'-50' Lacey Oak (Quercus glancoides) EVERGREEN TREES Afghan Pine (Pinus eldarica) 30'-40' 25'-30' Austrian Pine (Pinus nigra) 20'-25' 10'-15' 11 Section 52 8/31/1999 DRAFT Eastern Red Cedar (Juniperus virginiana) 30'-40' 20'-30' Eldarica Pine I (Pinus eldarica) 30'-40' 25'-30' Japanese Black Pine (Pinus thunbergiana) 20'-50' 20'-30' Leyland Cypress (Cupressocyparis leylandi) 20'-40' 40'-50' Live Oak (Quercus virginiana) 25'-35' 35'-55' Yaupon Holly (Ilex vomitoria) 12'-18' 10'-15' (Small Deciduous Trees) Desert Willow (Chilopsis linearis) 15'-30' 15'-25' Eve's Necklace (Sophora affinis) 15'-25' 15'-20' Mexican Plum (Prunus mexicana) 15'-25' 15'-20' Possumhaw holly (Ilex decidua) 15'-20' 10'-15' Redbud (Cercis canadensis) 20'-25' 15'-20' "Oklahoma" 12 Section 52 8/31/1999 DRAFT 8/31/1999 DRAFT City of Grapevine REQUIRED TREE LIST FOR LANDSCAPE ISLANDS (Medium to Large Deciduous Trees) Tree Name Scientific Name Height Width Bald Cypress (Taxodium distichum) 40'-60' 30'-40' Burr Oak (Quercus macrocarpa) 50'-60' 40'-50' Callery Pear (Pyres calleryana) 30' 15'-25' (*Varieties: "Rancho", "Aristocrat", "Capital" "Bradford") Cedar Elm (Ulmus rassifolial) 50'-60' 40'-50' Chinese Pistacho (Pistacia chinensis) 40'-50' 40'-50' Chinquapin Oak (Quercus muhlenbergii) 50'-60' 40'-50' Pecan (Carya illinoensis) 50'-60' 40'-50' Shumard Red Oak (Quercus shumardii) 50'-60' 40'-50' Texas Red Oak (Quercus shumardii) 30'-35' 20'-30' Western Soapberry (Sapindus drummondii) 30'-40' 25'-35' Southern Magnolia (Magnolia grandiflora) 60'-80' 30'-50' Lacey Oak (Quercus glancoides) EVERGREEN TREES Afghan Pine (Pinus eldarica) 30'-40' 25'-30' Austrian Pine (Pinus nigra) 20'-25' 10'-15' 13 Section 52 8/31/1999 DRAFT Eastern Red Cedar (Juniperus virginiana) 30'-40' 20'-30' Eldarica Pine (Pinus eldarica) 30'-40' 25'-30' Japanese Black Pine (Pinus thunbergiana) 20'-50' 20'-30' Leyland Cypress (Cupressocyparis leylandi) 20'-40' 40'-50' Live Oak (Quercus virginiana) 25'-35' 35-55' Yaupon Holly (Ilex vomitoria) 12'-18' 10'-15' 14 Section 52 8/31/1999 DRAFT MEMORANDUM CITY OF GRAPEVINE TEXAS TO: PLANNING AND ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES RON STOMBAUGH, PLANNER II rt6, DATE: AUGUST 30, 1999 SUBJECT: COLLOCATION CELLULAR ANTENNA REQUESTS AS A PERMITTED USE RECOMMENDATION Councilperson Darlene Freed has requested the Planning and Zoning Commission consider recommending revisions to Section 49, Special Uses, to allow the collocation of telecommunication equipment (e.g. cellular antennas) as a permitted use. BACKGROUND INFORMATION The zoning ordinance as it is currently written, requires a special use permit approved by Council for any cellular antenna/telecommunications uses regardless of the equipment's location on an existing structure or newly constructed support structure. The following addresses are locations of existing sites that have received a special use permit for cellular antennas/telecommunications uses: • 3101 Grapevine Mills Boulevard North • 2923 Grapevine Mills Boulevard North (TU Electric tower) • 1201 Minters Chapel Road • 1650 West College Street (Baylor Medical Center) • 3051 Ira E. Woods Avenue (GCISD water tower) • 1060 East Northwest Highway • 1310 Ball Street (TU Electric tower) • 1509 Hood Lane (City water tower) • 440 State Highway 114 West (flagpole) • 3230 State Highway 360 (TU Electric tower) • 2299 Lonesome Dove • 211 West Texas Street (City water tower) • 3517 William D. Tate Avenue • 5401 Heritage Avenue (GCISD light standard) • 525 Industrial Boulevard OAWWcolocate.mem Since 1990, the Planning Division has processed 46 special use requests associated with cellular antennas/telecommunications uses. Staff has included for your review the portion of Section 49, Special Uses relative to communication uses, as it is currently written. hs 0:2CWcolocate.mem monopole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television or microwave signal. (3) MICROWAVE REFLECTOR/ANTENNA means an apparatus constructed of solid, mesh or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. This definition is meant to include, but is not limited to, what are commonly referred to as satellite receive only earth stations (T.V.R.O.S.) or satellite dishes. (4) COMMERCIAL COMMUNICATIONS OPERATIONS means the transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain. C. Antenna support structures utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signal such as a tower, mast, monopole, tripod, box frame, or other structures in any residential, commercial or industrial district. One accessory equipment building is allowed per antenna support structure. d. Microwave reflectors/antennas and receivers and antenna support structures in any district. One accessory equipment building is allowed per antenna support structure. e. A commercial antenna may be attached to an existing utility structure, electrical transmission/distribution tower, or elevated water storage tank exceeding 75 feet in height, provided that the antenna does not extend more than 10 feet above the height of the utility structure. One accessory equipment building is allowed per utility structure. Setbacks from residentially zoned property do not apply to antennas attached to utility structures exceeding 75 feet in height. f. All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited on any antenna or antenna support structure. 2. Public utility distribution facilities and equipment in any district. 071696 2 Section 49 MEMORANDUM CITY OF GRAPEVINE TEXAS TO: PLANNING AND ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES C",s It, W44 RON STOMBAUGH, PLANNER II rum DATE: AUGUST 30, 1999 SUBJECT: AMENDMENT TO SECTION 42, SUPPLEMENTARY DISTRICT REGULATIONS RELATIVE TO DEVELOPMENT STANDARDS FOR PLATTED LOTS WITHIN MULTIPLE ZONING DISTRICT BOUNDARIES AMENDMENT TO SECTION 58, PARKING, LOADING, AND OUTSIDE STORAGE AREA DEVELOPMENT STANDARDS RELATIVE TO OFF- STREET PARKING FOR PRINCIPAL USES ON PARCELS OF LAND THAT DO NOT HAVE THE SAME ZONING DESIGNATION AS THE PRINCIPAL USE RECOMMENDATION Staff recommends the Planning and Zoning Commission consider the following amendments to Section 42, Supplementary District Regulations and Section 58, Parking, Loading, and Outside Storage Area Development Standards and take any action necessary. BACKGROUND INFORMATION The recent Pool Road/State Highway 26 project that was denied by Council at the August 3, 1999 joint public hearing raised several issues that the zoning ordinance, as written, did not address. Specifically, development on a platted lot that has multiple zoning designations and, off-street parking on parcels of land that have a different zoning designation as that of the principal use were key issues that shaped opinion concerning the conditional use application. The proposed changes to Section 42, Supplementary District Regulations and Section 58, Parking, Loading, and Outside Storage Area Development Standards attempt to address both issues. The proposed change to Section 42, Supplementary District Regulations establishes a requirement for a platted lot that falls within more than one zoning district. The proposed amendment would require that all development within the said lot be based upon the most restrictive zoning district that the lot is contained within. As you may recall from the Pool Road/State Highway 26 proposal, Lot 2 was bisected by a zoning boundary line with the grocery store located on the "CN" Neighborhood Commercial 0:\ZCU\AM99-06.4 District side of the boundary line and the off-street parking for the grocery store located on the "PO" Professional Office District side of the boundary line. Applying the proposed amendment to Section 42, Supplementary District Regulations to this scenario would require that all of Lot 2 be developed under the "PO" Professional Office District regulations effectively eliminating the ability to request a grocery store on the lot since a grocery store is not a permitted, accessory, or conditional use in the "PO" Professional Office District. The proposed amendment to Section 58, Parking, Loading, and Outside Storage Area Development Standards addresses the issue of off-street parking on platted lots or parcels of land that are a part of a zoning district less intensive than the zoning district which contains the structure the off-street parking is intended to serve. Using the example of Lot 2 of the Pool Road/State Highway 26 project once again, the proposed amendment to Section 58 would eliminate the situation from happening again since it would require that the off-street parking be located within 300 feet on a lot or parcel of land that has an identical zoning designation. Please review the attached amendments. irs 0:\ZCUWM99-06.4 MEMORANDUM CITY OF GRAPEVINE, TEXAS TO: PLANNING AND ZONING COMMISSIONERS FROM: H.T. (TOMMY) HARDY, DIRECTOR DOFF DEVELOPMENT SERVICES CINDY JACKSON, PLANNER 11 � 0 DATE: August 31, 1999 SUBJECT: AMENDMENT TO THE COMPREHENSIVE MASTER PLAN RECOMMENDATION Staff recommends the Planning and Zoning Commission consider amending the Comprehensive Master Plan and the Official City to Grapevine Future Land Use Map II to bring land use designations into compliance with recent zoning changes and anticipated development trends and take any action necessary. WA 012,001061>1P1011i•1Ici] V &F-AllI[�7�1 Since the Comprehensive Master Plan was last updated in 1992, development trends within the City have diverged from those envisioned. This proposed update will correct those discrepancies noted between the current zoning/development of these sites and their land use designations as shown on the Future Land Use map. The developing land use trends in several areas of the city should be examined to determine if current land use designations could accommodate the anticipated future development. The land use designations and their corresponding zoning districts are as follows: • Residential Low Density – All Single Family Districts and "PRD -6", Planned Residential Low Density • Residential Medium Density – "R-5.0", Zero Lot Line; "R-3.5", Two Family District; "R-3.75", Three and Four Family District; "R -MH", Manufactured Home District; "R- TH", Townhouse District; and "PRD -12", Planned Residential Medium Density. • Residential High Density – "R -MF -1" and "R -MF -2", Multifamily Districts and "R - MOD -H", Modular Homes District. • Governmental Use – "GU", Government Use District • Central Business District – "CBD", Central Business District 0AZWCOMPPLANUPDATE.M EM • Low Intensity Commercial — "LB", Limited Business District; "GV", Grapevine Vintage District; "CN", Neighborhood Commercial District; "PO" Commercial Office District; "PO", Professional Office District; and "HGT", Historic Grapevine Township District. • Commercial — "CC", Community Commercial District; "HC", Highway Commercial District; "HCO", Hotel/Corporate Office District; and "PCD", Planned Commercial Development District. • Industrial — "LI", Light Industrial District; and "BP", Business Park District. • Industrial/Commercial - "PID", Planned Industrial Development District • Recreational/Amusements — "RA", Recreation/Amusement District Most of the sites in which the site zoning designation does not correspond with the Master Plan are sites that have rezoned to the "GU", Government Use District for the development of parks and schools. A large portion of the land along State Highway 121, in the northeast quadrant of the city had originally been designated for Industrial and Commercial Land uses. However, development trends in these areas have not conformed to these designations. Likewise, development along the Dallas Road corridor has deviated from the commercial development anticipated for this area. Much of the new development has required a change in zoning from "CC" Community Commercial District to "LI" Light Industrial District. Conversely, the industrial development planned for along Highway 26 has not materialized. Instead, the development in this area has been commercial development. Because of these divergent development trends, staff recommends an evaluation of the Future Land Use Map to determine whether it can accommodate anticipated future development. 0AZMCOMPPLANUPDATE.MEM 2 NO.w mw AM • ■ C: (a LL ID U) m • W�- 711 77 lj G IM PF171IL1 FROM HOLLAND & KN CHT TAMPA .+1'; 2 Milmot TV (THU) 8- 19' 99 13:54 `ST. 13:46/2. 4260953413 P 2 HOLLAND & KqlGln LLP Atlanta Northern Virginia Boston Orlando 400 North Ashley Drive, Suite 2300 Lauderdale Provium P.O Box 1288 (ZIP 33601-1288) Jacksonville Jacksonville San Francisco Tampa, Florida 33602-4300 Lakeland SL Petersburg Melbourne Tallahassee 813-227-M Mexico City Tampa FAX813-229-0134 Miami Washingion. D.C. www.hklaw.com. New York West Palm Beach August 19, 1999 GRACE IL YANG 813-227-657 1 Internet Address; gyang@hk1s%v-com ♦ — &I A1RVUA?jL%"LWA - -- - - - t. — Ms. Susan Howard Planning Secretary 1W1W4#1?-)a--f.1Wb&�- '*W City of Grapevine P-0- Box 951.04 Grapevine, TX 76099 Vte: Internal meeting on August 19, 1999 to discuss permitted uses within the LI Light Industrial District It was a pleasure speaking with you again on Monday, August 16th. As you may rocall, we represent a client who is interested in leasing a warehouse located in an LI Light Industrial District ("Ll District") in the City of Grapevine. It -18 our understanding that your offiep plans to hold an internal meeting on Thursday, August 19, 1999, to discuss whether a warehouse use similar to the one our client contemplates will be considered a permitted use in the Ll District. In the event a description of our client's intended business use would be helpful to your meeting discussions, we submit the following for your office's consideration. Our client wishes to store grocery and other products at the warehouse in the LI District. Examples of grocery products are fruits, vegetables, meats, seafood, diary products, dry foods, canned foods, frozen foods, drugstore items, beer, wine, and tobacco products. Our client also would like to install a kitchen in the warehouse for the preparation of prepared meals for dehvery together with groceries off -premises. FROM HOLLAND & KNIGHT TA14PA (THOU) 8. 19' 99 13:54;'T. 13:461V- 426095341' P Ms. Susan Howard August 19, 1999 Page 2 Our client is an Internet -based retailer selling grocery and drugstore items, with home delivery, A customer orders grocery products ft-om our'client's web site where the customer would provide a credit card number for payment of the order and delivery instructions. The electronic "webstore" Is .located" on computer servers located outside of the LI District. These computer servere receive and process the credit card number and order information. The order information is then transmitted to the warehouse where the order is assembled into individual household delivery orders from the inventory of groceries and other items maintained at the warehouse. After assembly, orders are loaded onto our client's fleet of vehicles, driven by our client's trained couniers, who deliver each order to a customer's home. The order is concluded at the customer's home where the customer personally receives delivery of the groceries and 'signs a remote field computer terminal carried by the courier to authorize the credit card payment. For land use purposes, our client's proposed warehouse is most analogous to a supermarket chain's closed distribution warehouse facility, no customer traffic enters or exits the warehouse facility. While our client is a "retailer" in the sense that products are ordered by and sold to customers, our client's facility in Grapevine functions merely as an order fulfillment, food preparation and distribution and delivery center, Customers "shop" electronically at our client's webstore and do not physically come to the warehouse, rather, food and other item,; are delivered to customers from the warehouse for off -premises consumption. Our client expects to employ approximately 700 employee-, in itr, Grapevine operations, to be hired locally. Salaries would be significantly in excess of the salaries offered at, for instance, a supermarket due to the technical nature of the operations in which our client trains -its staff, augmenting the skills of those from among the labor pool on which it will be drawing. In addition, consistent with its current business model, our client anticipates purchasing its produce, meat, poultry, seafood, dairy, alcohol, and tobacco products from local suppliers. We understand that there are specific, enumerated permitted uses in an LI District. "Warehousing completely within an enclosed building" is a permitted use, pursuant to Grapevine Zoning Ordinance Section 31(.A)(10). We believe our client's business would qualify under this permitted use as the warehouse in question would be within an enclosed building and would be used for the storage of the client's grocery and drugstore products, We would request clarification of whether, in this situation, our client would be required to obtain FROM HOLLAND & KNIGHT TAMPA (THU) 81 19' 99 13: 551,'ST. 13: 46,'NO. 4260953 '413 P 4 August 19, 1999 Page 3 a conditional use permit under Section 423 of the Ordinance in respect of the liquor license it anticipates receiving from the state. Alternatively, we feel our client's bu,5iness would qualify under one of Section 31's conditional uses in an LI District. We note in Grapevine Zoning Ordinance Section 31(C)(7) that conditional uses in the LI* District include "Convenience stores, including prepared food carry -out service with alcoholic beverage sales for off -premise consumption; provided a special permit is issued in accordance with Section 423, of the Orclinance." ' Similar to a traditional convenience store, our client would offer "prepare,?, food carry -out service with alcoholic beverage sales for off -premise consumption." #• only difference between our client's business and a traditional convenience store is that our client's webstore is an "order in only" convenience store. Customers would not walk into the warehouse to purchase the grocery and drugstore Products; instead, our client's employed couriers would carry out the to the customers' homes. The Texas Alcoholic Beverage Commission has indicated in preliminary discussions that it believes our client can qualify for a Rier and WinetRetailer's Off -Premise Permit and a Wine Only Package Store Permit in a "wef' area such as Grapevine which has elected to allow such licensees to conduct business within their environs. Due to our clients space requirements, the most suitable warehouse location is in an Ll District - Our client is financially well -capitalized and is prepaxed to bring hundreds of jobs and economic revenue to the City of Grapevine. We hope your office will realize the mutual benefits to be gained through permission of our client's intended commercial use of a warehouse in the Ll District. FROM HOLLAND & KNIGHT TAMPA FARMW MORTIM417M August 19, 1999 Page 4 1 (THU) V. 19'99 13: 11: 46ee2N0. 4260953413 F 5 Thank you for your time and careful consideration of this matter. We looV forward to hearing from you soon. umlm= HO ND & KNIGHT LLP /race H. Yang P & Z Workshop Minutes September 9, 1999 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Planning and Zoning Commission of the City of Grapevine, Texas met in Workshop on this the 9th day of September, 1999, in the Conference Room, 200 South Main Street, 1 st Floor, Grapevine, Texas with the following members present - to -wit: Larry Oliver Herb Fry Chris Coy Kathy Martinez Stephen Newby Cathy Martin Kevin Busbee Danette Murray B J Nicholson Sharron Spencer Chairman Vice- Chairman Member Member Member Member Member 1 st Alternate 2nd Alternate Council Representative constituting a quorum, and the following City Staff: H. T. (Tommy) Hardy Director of Development Services Ron Stombaugh Planner Cindy Jackson Planner Susan Howard Planning Secretary Also present were Council members Clydene Johnson and Darlene Freed and Roger Nelson, City Manager. CALL TO ORDER Chairman Larry Oliver called the Workshop to order at 6:17 p.m. AMENDMENT TO SECTION 12 DEFINITIONS RELATIVE TO ITEM 70. CUSTOMARY HOME OCCUPATION Staff recommends the Planning and Zoning Commission consider the following amendment to Section 12, Definitions, relative to Item 70. Customary Home Occupation and take any action necessary. wk090999 1 P & Z Workshop Minutes September 9, 1999 Staff has received over a period of time, inquiries and complaints from residents concerning businesses that are being operated within residentially zoning property. Most complaints are generally related to the sale and /or repair of motor vehicles from a single family residence, the outside storage of equipment and materials, increased traffic from assumed customers of the business, vehicles related to the business, and delivery vehicles to the business, e.g., UPS, Federal Express. Staff has had inquiries from individuals who wish to purchase or lease homes in the City from which they could conduct a business that meets our current definition of a home occupation but, would not reside in the home. The Board of Zoning Adjustment considered an appeal to Staff's interpretation of the customary home occupation definition at their October 6, 1997 public hearing. The applicant operated an embroidery business from the home and had an employee, who was not a member of the family, involved in the operation. A large piece of specialized embroidery equipment was used as part of the business. The Board chose to approve the applicant's appeal. Had this proposed revision to the customary home occupation definition been in place, the Board may have acted to deny the appeal. Staff contacted Municipal Planning Resources Group, Inc. to conduct a survey of other cities and offer a recommendation as to how to redefine our current definition of a customary home occupation in an effort to reduce /eliminate the problems that exist relative to home -based businesses. Section • '' Y HOME OCCUPATION shall mean an occupation customarily carried on in the home by a member of the occupant's family without stFurtuFal = . - • • • • op aRy Of its FOOrnS and witheut the .. of maGhinery er additional equipmepA ether . that . •r r to normal househeld provided that no PeFSGR otheF . • u - u r - of - family • the employed or _ • home GGGLIpatiGR. 1 . r • . u - .. shall .. iRGIude - physiGal eF mediGal - r seFV*Ges, business serviGes, barbershaps, beauty shops, r shopsS, plumber G shGps, er paiRting, furnituFe - • • G sign - provided (a) The home occupation shall be clearly secondary to the residential use of the dwelling and there may be no evidence of the home occupation visible to the neighborhood. (b) There shall be no structural alteration to the wk090999 2 P & Z Workshop Minutes September 9, 1999 premises /building or any of its rooms, which changes the residential character of the dwelling. (c) There shall be no installation of machinery or additional equipment other than customary to household operations. (d) No person other than a member of the family of the owner or the user of the dwelling shall be employed or work in such home occupation and such employees must also be occupants of the residence. (e) A home occupation may not create noise, vibration, glare, fumes, odors, or electrical interference which is detectable off of the premises, and may not cause visual or audible interference in radio or television receivers or fluctuations in line voltage off of the premises. (f) A home occupation must be carried on wholly within the principal dwelling, and not in an accessory building. (g) No signs or displays advertising the home occupation may be placed on the property where the home occupation is conducted. (h) Any retail sales or other activity conducted on the premised shall be of such a nature as to not appreciably increase the vehicular traffic or pedestrian activity in the neighborhood, and shall not encourage queues, browsing of displays or any similar activity. (i) Outside storage of merchandise or equipment is prohibited. (i) Parking for the home occupation must be provided on a paved surface off of the street and not in a required front yard. (k) A customary home occupation shall not include the physical or medical treatment of persons or animals, business services, barber shops, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, radio shops, auto repairing or painting, furniture repairing, or sign painting. (1) Sales of motor vehicles shall be limited to a maximum of two vehicles per calendar year. wk090999 P & Z Workshop Minutes September 9, 1999 After brief discussion Chris Coy moved, with a second by Stephen Newby to authorize staff to set a public hearing to consider the recommended amendments to Section 12, Definitions relative to Section 12.A.70, Customary Home Occupation with the following changes: (-d) No person other than a member of the family of the owner or the user resident of the dwelling shall be employed or work in such home occupation and such employees must also be occupants of the residence. h) Any reta*!,----!---s or other activity conducted on the premised shall be of such a nature as to not appreciably increase the vehicular traffic or pedestrian activity in the neighborhood, and shall not encourage queues, browsing of displays, or any similar activity. (k) A customary home occupation shall not include the physical or medical treatment of persons or animals, Professional servoGes,, business services,, barber shops, beauty shops, dance studios, carpenter shops, electrical shops, --plumber shops, radio shops, auto repairing or painting, furniture repairing, or sign painting, The motion prevailed by the following vote: Ayes: Oliver, Fry, Coy, Martinez, Newby, Martin, and Busbee Nays: None AMENDMENT TO THE SECTION 52, TREE PRESERVATION Staff recommends the Planning and Zoning Commission consider the following amendments to Section 52, relative to restricting the removal of trees and the mitigation of tree removal, both authorized and unauthorized and take any action necessary. In the past year, there have been several instances of the clear cutting of trees in several areas of the city. In many of these instances, the clearing took place in drainage easements. Since the current ordinance does not have any restrictions against clear cutting within drainage easements, there were no enforcement mechanisms available for the city to use in preventing it. The proposed modifications to Section 52 defines a "protected tree", restricts the "topping" of protected trees and the clear cutting of protected trees. It defines when a tree removal permit is necessary and contains mitigation measures should the trees be illegally removed. The ordinance also prevents any further development of an illegally cleared site until all required mitigation measures have been satisfied. wkO9O999 4 P & Z Workshop Minutes September 9, 1999 At the Planning and Zoning Commission workshop of September 7, 1999, the Planning and Zoning Commission made the following changes to the ordinance: • Section 12 The Director of Development Services shall determine the agent responsible for placement, the time of replacement and the location of the new trees. The original version stated that the "City" shall be responsible for the selection of the agent. The last sentence of this section has been changed to read "Certificates of Occupancy shall not be issued for the site until all required replacement trees have been planted. Originally, the ordinance stated that a building permit for the site shall be withheld. • Section 1.3: The Director of Development Services shall determine the agent responsible for placement, the time of replacement and the location of the new trees. The original version stated that the "City" shall be responsible for the selection of the agent. The last sentence of this section has been changed to read "Certificates of Occupancy shall not be issued for the site until all required replacement trees have been planted. Originally, the ordinance stated that a building permit for the site shall be withheld. Section 52. Tree Preservation A. PURPOSE. The purpose of this section is to establish rules and regulations governing the protection of trees and vegetation cover within the City of Grapevine, to encourage the protection of healthy trees and vegetation and to provide for the replacement and replanting of trees that are necessarily removed during construction, development or redevelopment. B. DEFINITIONS. The following definitions shall apply to this chapter: 1. BUILDABLE AREA: That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on the site plan. 2. DRIP LINE: A vertical line run through the outermost portion of the crown of a tree and extending to the ground. 3. HISTORIC TREE: A tree which has been found by the City to be of a notable historic interest because of its age, type, size or historic wk090999 5 P & Z Workshop Minutes September 9, 1999 association and has been so designated as part of the official records of the City. 4. PERSON: Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing. 5. SPECIMEN TREE: A tree which has been determined by the City to be of high value because of its type, size, or other professional criteria, and which has been so designated as part of the official records of the City. 6. TREE, PROTECTED: Any self-supporting woody perennial plant which has a caliper of three (3) inches or more when measured at a point of four and one-half (4-1/2) feet above ground level and which normally attains an overall height of at least twenty (20) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks. 7. TREE TOPPING: The severe cutting back of limbs to stubs larger than three-inches (3") in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. 8. YARD AREA: The front, side and rear yard areas as required under the Comprehensive Zoning Code and the zoning district requirements applicable thereto. C. APPLICABILITY. The terms and provisions of this section shall apply to real property as follows: 1. All real property upon which any designated specimen or historic tree is located. 2. All vacant and undeveloped property. 3. All property to be redeveloped, including additions and alterations. 4. The yard areas of all developed property, excluding developed and owner-occupied single-family residential property. 5. All easements and rights-of-way except those included in a plat approved by City Council shall meet the terms and provisions of this section. D. TREE PERMIT REQUIRED. wkO9O999 6 P & Z Workshop Minutes September 9, 1999 1. A Tree Preservation Permit may be required by City Council and approved in connection with a request for a zone change, conditional use or special use permit request or when a plat (preliminary, final, or replat) is filed, unless one has already been approved. This permit shall be prepared by a registered landscape architect, registered architect, registered engineer or registered surveyor. 2. A Protected Tree Removal Permit shall be required when Protected Trees are requested to be removed from a site. No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any Protected Tree, specimen tree or historic tree situated on property described above without first obtaining a Protected Tree Removal Permit unless the conditions of Section 52.GH.1 and 52.GH.2 apply. A registered landscape architect, registered architect, registered engineer or registered surveyor shall prepare a permit submitted for approval by the Planning and Zoning Commission. A Tree Removal Permit and /or Protected Tree Removal Permit submitted for approval by Development Services Staff does not have to be prepared by a registered landscape architect, registered architect, registered engineer or registered surveyor. E. TREE PRESERVATION PERMIT. The purpose of this requirement is to provide a review process to preserve the existing natural environment whenever possible and to encourage the preservation of large specimen trees throughout any construction or land development. The Tree Preservation Permit shall include the following: 1. Location of all existing or proposed structures, improvements such as streets, alleyways etc. and site uses, properly dimensioned and referenced to property lines, setback and yard requirements. 2. Date, scale, north point, and the names, addresses and telephone numbers of both property owner and the person preparing the plan. 3. Location of existing and proposed utility easements and drainage easements on the lot. 4. Location and dimensions of visibility triangles on the lot. 5. The City Council shall dictate what caliper size tree to survey for purposes of preservation of existing trees. Protected Trees to remain shall be designated by a circle. 6. The City Council shall dictate what caliper size tree to survey for purposes of removal. Protected Trees to be removed shall be designated by a triangle. wk090999 7 P & Z Workshop Minutes September 9, 1999 7. Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal. This same summary shall also be submitted on an 8.5" x 11 " sheet of paper. 8. Protected Tree Replacement Plan: The plan shall exhibit the location of proposed Protected Trees to be replaced and include a legend indicating the species, caliper size and height of proposed Protected Tree replacement. Replacement trees shall be designated by a square. The legend shall also be submitted on an 8.5" x 11" sheet of paper. (a) No replacement tree may be planted within a visibility triangle, a water course, or an existing or proposed street or alley. (b) A replacement tree must have a minimum caliper of at least three (3) inches when measured at six (6) inches above ground level. (c) A replacement tree that dies within two years of the date it was planted must be replaced by another replacement tree that complies with the Tree Preservation Permit. 9. Tree Protection Plan: The plan shall describe how existing, healthy Protected Trees proposed to remain will be protected from damage during any construction or land development in accordance with Section 52J, Tree Protection. F PROTECTED TREE REMOVAL PERMIT. Permits for removal or replacement of Protected Trees covered herein shall be obtained by making application on a form prescribed by the City and submitted to the Director of Development Services. The application shall be accompanied by a preliminary plat showing the exact location, caliper size, height, and common name of all Protected Trees to be removed. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of Protected Trees and two (2) copies of a legible site plan drawn to the largest practicable scale indicating the following: 1. Location of all existing or proposed structures, improvements such as streets, alleyways, etc. and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and special relationships. 2. Date, scale, north point, and the names, addresses and telephone numbers of both property owner and the person preparing the plan. wkO9O999 8 P & Z Workshop Minutes September 9, 1999 3. Existing and proposed site elevations, grades and major contours. 4. Location of existing and proposed utility easements and drainage easements on the lot. 5. Location and dimensions of visibility triangles on the lot. 6. Survey locating Protected Trees on the site to remain that are three (3) inch caliper or greater when measured at a point four and one -half (4 -1/2) feet above the ground level. Protected Trees to remain shall be designated by a circle 7. Survey locating trees on the site to be removed that are three (3) inch caliper or greater when measured at point four and one -half (4 -1/2) feet above the ground level. Protected Trees to be removed shall be designated by a triangle. 8. Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal. This same summary shall also be submitted on an 8.5" x 11" sheet of paper. 9. Protected Tree Replacement Plan: The plan shall exhibit the location of Protected Trees proposed to be replaced and include a legend indicating the species, caliper size and height of proposed tree replacement. Replacement trees shall be designated by a square. The legend shall also be submitted on an 8.5" x 11" sheet of paper. (a) No replacement tree may be planted within a visibility triangle, a water course, or an existing or proposed street or alley. (b) A replacement tree must have a minimum caliper of at least three (3) inches when measured at six (6) inches above ground level. (c) A replacement tree that dies within two years of the date it was planted must be replaced by another replacement tree that complies with the Tree Preservation Permit. 9. Tree Protection Plan: The plan shall describe how existing healthy Protected Trees proposed to be retained will be protected from damage during construction. G. APPLICATION REVIEW. Upon receipt of a proper application, the Planning and Zoning Commission shall review the application for new subdivisions and wk090999 9 P & Z Workshop Minutes September 9, 1999 for platted lots, the Director of Development Services shall review applications for platted lots; said review may include a field inspection of the site, and the application may be referred to such Departments as deemed appropriate for review and recommendations. Following the review and inspection, the permit applications will be approved, disapproved, or approved with conditions by the Planning and Zoning Commission or Director of Development Services as appropriate, in accordance with the provisions of this chapter. H. PROTECTED TREE REMOVAL: No Protected Tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist: (a) The Protected Tree is located in a utility er- drainage easement or public street right -of -way as recorded on a plat approved by the City Council. In the event that certain Protected Trees outside the above areas or Protected Trees based partially outside the easement are requested to be removed to allow the operation of equipment, the applicant shall submit a Plat and Site Plan which indicates the exact operation area needed. The Public Works Staff must approve all requests for tree removal within these areas. (b) The Protected Tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations. (c) Except for the above, under no circumstances shall there be clear cutting of Protected Trees on a property prior to the issuance of a building permit. (d) Development Services Staff may approve the removal of Protected Trees that interfere with the construction of a building and/or the drainage of a lot. (e) The Public Works staff may approve of the removal of a Protected Tree or Trees located within a drainage easement if the removal is determined to be necessary to ensure the proper construction or maintenance of said drainage easement. 2. Upon issuance of a building permit, developer shall be allowed to remove Protected Trees located on the buildable area of the property. Protected Trees located in required yard areas, buffers and open wk090999 10 P & Z Workshop Minutes September 9, 1999 space areas shall be maintained. The buildable area shall include sufficient adjacent area to allow the normal operation of construction equipment. .� In the event that it is necessary to remove Protected Tree(s) outside the buildable area, the developer, as a condition of issuance of a Protected Tree removal permit, may be required to replace the Protected Tree(s) being removed with comparable trees somewhere within the site. 1. REPLACEMENT TREE SPECIFICATIONS: A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Said replacement trees shall be a minimum of three (3) inches caliper and seven (7) feet in height when planted, and shall be selected from the list of approved replacement trees maintained by the Director of Development Services as approved by the Planning and Zoning Commission. Protected Trees that are removed without a permit shall be replaced at a number equivalent to 125% of those Protected Trees removed from the site as estimated by the Director of Development Services. 2. REPLACEMENT PROCEDURES: At the time of review, the agent responsible for placement, the time of replacement and the location of the new trees will be determined by the Director of Development Services. The replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the City has the authority to allow the planting to take Mace on another nrogerty. if the Gity am*oyes the Alan +inn of that all Feplavernens will be planted within six (6) months. A replacement tree that dies within two (2) years of the date it was planted must be replaced by another replacement tree in compliance with this ordinance. No building permits shall be issued for the site until all required replacement trees have been planted. 3. TREE REFORESTATION FUND: In situations in which it is not feasible to place the replacement trees on either the subject site or an alternate site, the applicant, upon approval of the City, may make a payment into the Tree Reforestation Fund. The fund amount shall be equivalent to 100% of the tree replacement cost. For those Protected Trees removed without a permit, the fund amount shall be the equivalent of 125% of the tree replacement cost. The funds shall be used only for purchasing and planting wk090999 11 P & Z Workshop Minutes September 9, 1999 trees on public property or acquiring wooded property that shall remain in a naturalistic state in perpetuity. The amount of payment that is required for each replacement tree should be calculated based on a schedule published annually by the City, which sets forth the average cost of a quality tree added to the average cost of planting a tree. No certificates of occupancy shall be issued for the site until the required payment has been made to the Tree Reforestation Fund. J. TREE PROTECTION. During any construction or land development, the developer shall clearly mark all Protected Trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, and debris or fill to be placed within the drip line of any Protected Tree. During the construction stage of development, the developer shall not allow the cleaning of equipment or material under the canopy of any Protected Tree or trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any Protected Tree or Trees to No attachment or wires of any kind, other than those of a protective nature, shall be attached to any Protected Tree. GENERAL: No Protected Tree shall be pruned in a manner that significantly disfigures the tree or in a manner that would reasonably lead to the death of the tree. 1. ALLOWED PRUNING: The City may approve pruning of a Protected Tree in cases where Protected Trees must be strategically pruned to allow construction or demolition of a structure. All pruning of Protected Trees by franchise utility companies to ensure the safe operation of utility services shall be allowed. When allowed, all pruning shall be by approved arboricultural techniques. This section is not intended to require a tree permit for reasonable pruning performed or contracted to be performed by the owner of the tree when unrelated to construction activity. 2. REQUIRED PRUNING: The owners of all trees adjacent to public right -of -way shall be required to maintain a minimum clearance of ten feet (10') above the traveled pavement or curb of a public wk090999 12 P & Z Workshop Minutes September 9, 1999 street. Said owners shall also remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The City shall also have the right to prune trees overhanging within public right-of-way which interfere with the proper spread of light along the street from a street light or interfere with visibility of any traffic control device or sign or as necessary to preserve the public safety. 3. TREE TOPPING: It shall be unlawful as a normal practice for an person, firm or city department to top any tree. Trees severely damaged by storms or other causes or certain trees under obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Director of Development Services. L. EXCEPTIONS. In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the Director of Development Services and the tree may then be removed without obtaining a written permit as herein required. During the period of an emergency such as a tornado, storm, flood, or other act of God, the requirements of this Ordinance may be waived as may be deemed necessary by the City Council. All licensed plant or tree nurseries shall be exempt from the terms and provisions of this Section only in relation to those trees planted and growing on the premises of said license, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. Utility companies franchised by the City may remove trees which endanger public safety and welfare by interfering with utility service, except that where such trees are on owner - occupied properties developed for one - family use, disposal of such trees shall be at the option of the property owner. M. EXEMPTION. This Ordinance shall not apply to any development that has received final plat approval prior to the effective date of this Ordinance. A permit shall not be required feF a buildeF to satisfy final gFading standards the Building Cede of the Gity ef Grapevine. After brief discussion Cathy Martin moved, with a second by Chris Coy to authorize staff to set a public hearing to consider the recommended amendments to Section 52, Tree Preservation with the following changes: wk09O999 13 P & Z Workshop Minutes September 9, 1999 The proposed change to Section 42, Supplementary District Regulations establishes a requirement for a platted lot that falls within more than one zoning district. The proposed amendment would require that all development within the said lot be based upon the most restrictive zoning district that the lot is contained within. As you may recall from the Pool Road/State Highway 26 proposal, Lot 2 was bisected by a zoning boundary line with the grocery store located on the "CN" Neighborhood Commercial District side of the boundary line and the off-street parking for the grocery store located on the "PO" Professional Office District side of the boundary line. Applying the proposed amendment to Section 42, Supplementary District Regulations to this scenario would require that all of Lot 2 be developed under the "PO" Professional Office District regulations effectively eliminating the ability to request a grocery store on the lot since a grocery store is not a permitted, accessory, or conditional use in the "PO" Professional Office District. The proposed amendment to Section 58, Parking, Loading, and Outside Storage Area Development Standards addresses the issue of off-street parking on platted lots or parcels of land that are a part of a zoning district less intensive than the zoning district which contains the structure the off-street parking is intended to serve. Using the example of Lot 2 of the Pool Road/State Highway 26 project once again, the proposed amendment to Section 58 would eliminate the situation from happening again since it would require that the off-street parking be located within 300 feet on a lot or parcel of land that has an identical zoning designation. After discussion staff was directed not make changes to Section 42 and to come up with language for Section 58 that would not allow more than 30% of the off-street parking to be allowed in a less intensive zoning district that contains the principal structure the parking is intended to serve. No action was taken on Section 42 and Section 58. AMENDMENT TO THE COMPREHENSIVE MASTER PLAN Staff recommends the Planning and Zoning Commission consider amending the Comprehensive Master Plan and the Official City Grapevine Future Land Use Map 11 to bring land use designations into compliance with recent zoning changes and anticipated development trends and take any action necessary. Since the Comprehensive Master Plan was last updated in 1992, development trends within the City have diverged from those envisioned. This proposed update will correct those discrepancies noted between the current zoning /development of these sites and their land use designations as shown on the Future Land Use map. The developing land use trends in several areas of the city should be examined to wk090999 16 P & Z Workshop Minutes September 9, 1999 determine if current land use designations could accommodate the anticipated future development. After discussion, no action was taken. DISCUSSION REGARDING THE IMPACT OF THE AIRPORT PROPERTY WITH THE PROPERTY LOCATED ON MAIN STREET A brief discussion was held regarding the property recently purchased by DFW International Airport. This property will be included in the amendments to the Masterplan. MISCELLANEOUS REPORTS AND /OR DISCUSSION Discussion was held regarding the amendments to the Boat and RV Parking and letters received were handing out to the Planning and Zoning Commission. Discussion was held regarding making minor changes a City Council approved site plan being approved by Staff. Sharron Spencer informed the Planning and Zoning Commission that on zoning cases that have a great amount of opposition, the Commission should remain in the Council Chambers for the final City Council vote. ADJOURNMENT With nothing further to discuss, Kevin Busbee moved to adjourn the meeting at 7:45 p.m., Stephen Newby seconded the motion, which prevailed by the following vote: Ayes: Oliver, Coy, Martinez, Newby, Fry, Martin and Busbee Nays: None wk090999 17 P & Z Workshop Minutes September 9, 1999 PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 5TH DAY OF OCTOBER, 1999. FTAT24000:4 C HAI RMAN ATTEST: SECRETARY wk090999 18