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HomeMy WebLinkAbout1996-01-30AGENDA CITY OF GRAPEVINE SPECIAL WORKSHOP OF THE PLANNING & ZONING COMMISSION TUESDAY, JANUARY 30, 1996 AT 6:00 P.M. CONFERENCE ROOM - ROOM #204 307 WEST DALLAS ROAD, GRAPEVINE, TEXAS II. CALL TO ORDER III. OLD BUSINESS A. PLANNING &ZONING COMMISSION TO CONSIDER SECTION 42, SUPPLEMENTARY DISTRICT REGULATIONS TO ALLOW MOUNTED ANTENNAS ON EXISTING UTILITY STRUCTURES; AND SECTION 49, SPECIAL USE PERMITS TO ALLOW COMMERCIAL ANTENNAS IN RESIDENTIAL DISTRICTS AND TAKE ANY NECESSARY ACTION. B. PLANNING &ZONING COMMISSION TO CONSIDER SECTION 52, TREE PRESERVATION AND TAKE ANY NECESSARY ACTION. C. PLANNING &ZONING COMMISSION TO CONSIDER SECTION 60, SIGN REGULATIONS AND TAKE ANY NECESSARY ACTION. IV . NEW BUSINESS D. PLANNING &ZONING COMMISSION TO CONSIDER SECTION 49, SPECIAL USE PERMIT TO ALLOW NEIGHBORHOOD DAY CARE FACILITIES AND TAKE ANY NECESSARY ACTION. V. MISCELLANEOUS REPORTS AND/OR DISCUSSION VI. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF DEVELOPMENT SERVICES AT (817) 481-0377 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 26TH DAY OF JANUARY, 1996 AT 5:00 P.M. DIRECTOR OF DEVELOPMENT SERVICES SUPPLEMENTARY DISTRICT REGULATIONS DRAFT COPY 10/27/95 I. COMMUNICATION USES: 1. Not withstanding any other provision of this Ordinance the following communication uses shall be regulated and governed by the following use regulations and requirements: DEFINITIONS: For the purpose of this Ordinance, the following words and phrases shall have the meaning ascribed to them as follows with the exception of Chapter 7, Article XII, Grapevine Code of Ordinances: Lal ANTENNA means the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennas). �b ANTENNA SUPPORT STRUCTURE means any tower, mast, monopole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television or microwave signal. O 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. fM 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. 071691 15 Section 42 SUPPLEMENTARY DISTRICT REGULATIONS DRAM COPY 10/27/95 2. In all residential zoning districts W-20, R-12.5, R-7.5, R-5.09 R- 3.5, R-3.75, R -MH, R-TH, R -MF -1, R -MF -2, R-MODW commercial antennas are allowed as a Special Use Permit only when granted in accordance with Section 49. 3. In all non-residential zoning districts (CN, LB, CC, HC, PO, CBD, HCO, GV, PCD, GU, LI, PID, RA, BP) commercial antennas are allowed as follows: Oa Commercial antenna support structures are allowed by a Special Use Permit in accordance with and pursuant to Section 49 of this Ordinance. All antenna support structures must meet the setback requirements from residential districts. �b A commercial antenna may be attached to an existing utility structure (e.g. 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. Setbacks from residentially zoned property do not apply to antennas attached to utility structures exceeding 75 feet in height. 4. 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. 071691 16 Section 42 E BUILDING AND CONSTRUCTION § 7-230 reasonably be required to properly identify the irrigating con- tractor. (d) Representation as an irrigator without registration declared unlawful. It shall be unlawful for any person, firm, or corporation to represent himself or themselves as a registered and licensed irrigator, or to use falsely the words "irrigating contractor," "irrigator," or "installer," or words of similar import or meaning, on signs, cards, stationary, or by any other misleading manner whatsoever within the city, unless said person, firm or corpora- tion is, in fact, registered and holds a valid license within the meaning of the words used and as provided in this code. (e) Fees for registration. Annual registration fees shall be re- quired for all irrigating contractors. The annual registration fee shall be seventy-five dollars ($75.00) and shall be payable at the department of community development. The fiscal year for the payment of registration begins on January first and ends at mid- night on December thirty-first of the same year. (f) Exemption for homeowner. No such registration procedure shall be required for work to be performed on a residential struc- ture when the person performing the work is the owner of the structure, has his legal residence there, and is not assisted by any other person for remuneration. The homeowner shall be automat- ically termed a registrant for the purposes of such a project without registration. Notwithstanding such relief from registration, all requirements for permits for the work and all other applicable provisions of the plumbing code shall remain in force. (Ord. No. 91-84, § 5, 12-3-91) Secs. 7-216-7-229. Reserved. ARTICLE XII. RADIO AND TELEVISION ANTENNAS DIVISION 1. ANTENNAS, MASTS AND TOWERS Sec. 7-230. Definitions. For the purpose of this article, certain terms are defined as follows: § 7-230 GRAPEVINE CODE Antenna. An arrangement of wires, rods, poles, etc. used in transmitting and receiving signal energy. ?ower. The structure upon which antennas and masts are placed. Mast. The center of an antenna tower upon which antennas are fastened. Satellite receive -only antenna. An antenna that enables the re- ceipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive -only antenna, dish antenna or parabolic antenna. Communication equipment. The antenna, tower and mast, or any combination thereof used to transmit and/or receive signal energy. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7.231. Specifications for radio equipment. (a) Communication equipment shall be allowed in any residen- tial zoning district if it complies with the following regulations: (1) Only one tower per lot of record. (2) A tower or a telescoping tower extended to its fullest height, exclusive of the height of any antenna or mast, shall not exceed the height limitation of sixty-five (65) feet. (3) The height of a mast or antenna, including the height of any tower or telescoping tower extended to its fullest height to which they may be fastened or attached shall not exceed the maximum height of seventy (70) feet. (4) A mast or antenna not fastened to a tower shall not exceed the height limitation for accessory buildings or structures in the zoning district it is to be located, except for a mast or antenna which does not extend more than eight (8) feet above a building on which it is mounted. (5) A mast or tower shall be limited to having the number and size of antennas attached to it that are allowed by the BUILDING AND CONSTRUCTION § 7-234 tower manufacturer's designs and specifications for max- imum wind load requirements. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7-232. Setbacks. (a) Front yard. Antennas, masts, and towers shall not be per- mitted in front or side yards. Guy wires are not permitted in front yards. (b) Side and rear yard. Guy wires are permitted in required side and rear yards. (c) Separation. There shall be no minimum or maximum sepa- ration requirements for masts or towers from other structures on the same lot of record. (d) Easements. Towers and masts shall not be permitted in any easement. (e) Encroachments. No part of an antenna, tower, mast or at- tachment thereto may extend beyond the property lines of the owner of such antenna, tower or mast. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7-233. Lights. No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7-234. Construction standards and permits required. (a) A building permit shall be obtained from the building in- spection division prior to the construction and/or installation of a tower, antenna or mast. Towers shall be installed according to the manufacturer's recommendations or under the seal of a regis- tered professional engineer of the State of Texas. Regardless of the above, all such towers, antennas or masts must meet the Electronic Industries Association Standard EIA -222-1), Struc- § 7-234 GRAPEVINE CODE tural Standards for Steel Antenna Towers and Antenna Sup- porting Structures and the Grapevine Building Code. (b) No permit shall be issued for the installation of an antenna, tower or mast on multifamily structure or property, or a structure or property not owned by the applicant unless a notarized state- ment of permission from the owner is presented to the building inspection division. (c) If the antenna tower or mast is capable of transmitting, a copy of the Federal Communications Commission license(s) shall be provided prior to the issuance of a building permit. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7.235. Maintenance. Antennas, masts or towers, obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within thirty (30) days following notice by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7-236. Special exceptions. A special exception may be granted by the board of zoning adjustments for any tower or antenna which does not or can not comply with this article specified hereinabove. The board of zoning adjustments may grant a special exception to the maximum height allowed by the Grapevine Comprehensive Zoning Ordinance No. 82-73 for the zoning district in which the special exception is requested. In considering whether to grant a special exception from this article, the board of zoning adjustments shall consider the following: (1) The effect on the value of the surrounding property; (2) The potential for interference with the enjoyment of the use of surrounding properties; (3) Aesthetics; BUILDING AND CONSTRUCTION § 7-240 (4) The necessity of the special exception for the public health, safety and welfare of the citizens or for governmental pur- poses; (5) The zoning district and the adjoining zoning districts of the property for which the special exception is sought; and, (6) The directive of Federal Communications Commission PRB-1 to reasonably accommodate amateur communica- tions and to minimally regulate such amateur communi- cations to accomplish zoning goals. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7-237. Effective date. All communications towers, antennas and masts, upon which construction began before May 1, 1993, shall be permitted to con- tinue to exist as nonconforming structures or nonconforming uses of structures. All such communication towers, antennas and masts shall be subject to the restrictions that apply to all nonconforming structures and nonconforming uses of structures under the Grape- vine Comprehensive Zoning Ordinance No. 82-73. All radio towers, antennas and masts that do not comply with safety standards for such structures must be brought into compliance with such safety standards within thirty (30) days of receipt of notice from the building official. All communications towers, antennas and masts upon construction began or after May 1, 1993, shall conform to the requirements of this article. (Ord. No. 93-14, § 1, 4-20-93) Secs. 7-238, 7-239. Reserved. DIVISION 2. SATELLITE RECEIVE -ONLY ANTENNAS Sec. 7-240. Purpose. Satellite receive -only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive -only antennas shall not be deemed violations of this article when made under the provisions herein provided. Such provisions are hereby c,,.,., Mn FQ ..5..5q § 7-240 GRAPEVINE CODE found to be reasonable and clearly defined health, safety and aesthetic objectives. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7.241. Specifications for satellite receive -only antennas. (a) Satellite receive -only antennas shall be allowed in any res- idential zoning district if it complies with the following regula- tions: (1) Only one satellite receive -only antenna per lot of record. (2) A satellite receive -only antenna shall not exceed the height requirements of the Grapevine Comprehensive Zoning Or- dinance No. 82-73 residential zoning district in which it is to be located. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7.242. Setbacks. (a) Satellite receive -only antennas shall conform to the require- ments of the Grapevine Comprehensive Zoning Ordinance No. 82-73 requirements governing accessory buildings. (b) No part of a satellite receive -only antenna may extend be- yond the easements or property lines. (c) There shall be no minimum or maximum separation require- ments for satellite receive -only antennas from other structures on the same lot of record. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7.243. Lights. No auxiliary or outdoor lighting shall be allowed on satellite receive -only antennas except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Com- munications Commission. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7.244. Construction standards and permits required. (a) A building permit shall be obtained prior to construction and/or installation of a satellite receive -only antenna. Satellite g11nn Nn KU r,gn BUILDING AND CONSTRUCTION § 7-246 receive -only antennas shall be installed as per the manufactur- er's recommendations or under the seal of a registered profes- sional engineer of the State of Texas. (b) No permit shall be issued for the installation of a satellite receive -only antenna on a multifamily structure or property, or a structure or property not owned by the applicant unless a nota- rized statement of permission from the owner is presented to the building inspection division. (c) All satellite receive -only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive -only antenna located within a fence surrounding the yard in which the satellite receive -only antenna is located shall be considered to be screened. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7.245. Maintenance. Satellite receive -only antennas obviously not in use or obvi- ously in need of maintenance as determined by the building offi- cial, shall be removed or brought into compliance within thirty (30) days following notice given by the building official. This shall not preclude immediate action by the building official to safe- guard life, limb, health, property and public welfare. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7-246. Special exceptions. A special exception may be granted by the board of zoning adjustments for any satellite receive -only antenna which does not or can not comply with this article specified hereinabove. In con- sidering whether to grant a special exception from this article, the board of zoning adjustments shall consider the following: (1) The effect on the value of the surrounding property; (2) The potential for interference with the enjoyment of the use of surrounding properties; (3) Aesthetics; „nn %'n 5q 561 § 7-246 GRAPEVINE CODE (4) The necessity of the special exception for the public health, safety and welfare of the citizens or for governmental pur- poses; (5) The zoning district and the adjoining zoning districts of the property for which the special exception is sought; and, (6) The provisions of 47 C.F.R. Subsection 25.104 which pre- empt local zoning or other regulations that differentiate between satellite receive -only antennas and other types of antenna facilities unless such regulations: a. Have a reasonable and clearly defined health, safety or aesthetic objective; and, b. Do not operate to impose unreasonable limitations on, or prevent reception of satellite receive -only antennas or to impose costs on the users or such antennas that are excessive in light of the purchase and installation of the equipment. (7) The unique conditions that govern reasonable reception on any given lot. (Ord. No. 93-14, § 1, 4-20-93) Sec. 7-247. Effective date. All satellite receive -only antennas upon which construction began before May 1, 1993, shall be permitted to continue to exist as nonconforming structures or nonconforming uses of structures. All'such satellite receive -only antennas shall be subject to the restrictions that apply to all nonconforming structures and non- conforming uses of structures under the Grapevine Comprehen- sive Zoning Ordinance No. 82-73. All satellite receive -only an- tenna that do not comply with safety standards for such structures shall be brought into compliance with such safety standards within thirty (30) days of receipt of notice from the building official. All satellite receive -only antennas upon construction began on or after May 1, 1993, shall conform to the requirements of this article. (Ord. No. 93-14, § 1, 4-20-93) [The next pane is 6031 DEFINITIONS CITY TERM I DEFINITION Plano Antenna The arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals (includes microwave reflectors/antennas) Plano Antenna Support Any tower, mast, pole, tripod, box frame, or other structure utilized Structure for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signal. Plano Microwave An apparatus constructed of solid, mesh, or perforated materials of Reflector/Antenna any configuration that is used to receive and/or transmit microwave signals form 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 station (T.V.R.O.S.) or satellite dishes. Plano Communications The transmission, retransmission and/or reception of radio, television, Operations (Amateur) electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. Plano Communications The transmission, retransmission and/or reception of radio, television, Operations electromagnetic, or microwave signals primarily for the purpose of (Commercial) operating a business and/or for financial gain. Arlington Wireless A freestanding single pole structure supporting antennas which Communication transmit information (audio, video, data) in the form of Facility (Monopole electromagnetic signals to one or more receivers without the use of a Tower) physical connection between the transmitting and receiving source. An auxiliary structure housing electronic communications equipment is permitted as part of this use. Arlington Mounted Antennae of An antennae that is attached to permitted structures. This includes 15' or less antennas that are mounted on utility transmission towers. An auxiliary structure housing electronic communication equipment is permitted as part of this use. Arlington Rad io,TV, Microwave A freestanding structure greater than or equal to 50' in height Tower and Wireless freestanding supporting antennae that transmits or receives any Communication portion of the electromagnetic spectrum. Facility (Other than Monopole) > 50' Arlington Radio,TV,Microwave A freestanding structure less than 50' in height freestanding Tower and Wireless supporting antennae that transmits or receives any portion of the Communication electromagnetic spectrum. Facility (Other than Monopole) < 50' Carrollton Communications A structure, other than an antenna and support structure for citizen Tower band and amateur radio communications, utilized for communications, radio broadcasting or television transmission. This definition shall include all antennas and any tower, mast or structure for the support thereof, and such anchors, anchor supports or guy wires associated with the structure. Carrollton Antenna and Support An antenna utilized for communication purposes in conjunction with Structure for Amateur a citizen band or amateur radio station, and including any tower, Radio Communications mast or structure for the support thereof. This definition shall also include such anchors, anchor supports or guy wires associated with the structure, but shall not include any antenna used for commercial communications or radio broadcasting operations. DRAF]r COPY 01/15/96 CONCEPT PLAN Section 45. Concept Plans A. PURPOSE: The Concept Plan is intended to provide the Planning and Zoning Commission and the City Council with the information and data that is necessary to assess the merits of requests for rezoning. B. WHEN REQUIRED: Approval of a Concept Plan shall be required in connection with a request for rezoning of any specific parcel of land when requesting zoning for the following zoning districts: R-3.5, R-3.75, R-5.0, R -MF -1, R -MF -2, R-TH, R -MH, R-MODH, P -O, C -N, C -C, CBD, G -V, HCO, HC, LB, LI, or when a plat, (preliminary, final or replat) is filed unless one has been approved with a zone change request. C. CONTENT OF CONCEPT PLAN: A Concept Plan shall include all of the following information in graphic representation or written document as appropriate, and shall be prepared by a registered architect, registered engineer or registered surveyor. 1. Legal description and a survey or plat certified by a registered land surveyor, showing date, scale, north point, property boundary lines, dimensions and easements. 2. Applicant's name and address and their legal interest in the subject property. 3. Owner's name and address, if different from applicant, with owner's signed consent to the filing of the application. 4. Zoning classification and present use of subject property. 5. Land use designation as contained in the Comprehensive Master Plan. 6. Conceptual representation of proposed use. 7. Conceptual representation of vehicular circulation within the subject site. 101993 1 Section 45 DRAFT COPY 01/15/96 CONCEPT PLAN 8. Conceptual representation of points of connection to the public right- of-way. 9. Computation of proposed number of dwelling units and the total acreage for residential use and the approximate square footage of building, by type, for non-residential use. 10. Conceptual landscaping and buffer plan. 11. Description of how essential public services, including water, sewer, drainage and solid waste, will be provided. 12. Description of any proposed grading, regrading or fill that is proposed on the subject site. 13. Maximum number of parking spaces. 14. Other information the applicant and/or owner might wish to include. 15. The names, addresses and telephone numbers of all professional consultants, if any, advising the applicant with respect to the proposed rezoning. 16. Street address (or common description) of the property. 17. A graphic rendering of the existing site conditions, which depicts all significant natural, topographical and physical features of the subject property including contours; location and extent of tree cover; location and extent of water courses, marshes and flood plains on the subject property; and existing drainage patterns. 18. Vicinity map indicating the area in which the property is located. 19. Submit a Tree Preservation Permit as required in Section 52.D.1. The Tree Preservation Permit shall be in accordance with Section 52.E. 101993 2 Section 45 DRAFT COPY 01/15/96 CONCEPT PLAN Each applicant shall file one (1) mylar and two (2) blueline copies of all conceptual or graphical representations required herein, in a size sufficient to clearly show all information required, and a copy reduced to $1�2 11 X 44 17", and two (2) other necessary copies of written documents. D. EFFECT OF CONCEPT PLAN: All subsequent site plans shall conform to the Concept Plan approved with the zoning application or plat. 101993 3 Section 45 DRAFIP COPY 01/15/96 SITE PLAN REVIEW Section 47. Site Plan Review A. APPLICABILITY: Site Plans, prepared and approved in accordance with the provisions of this section, shall be required to assist the Gefftmanity Development Services Department in the review of certain applications for building permits, to assure compliance with all applicable requirements and standards of this Ordinance, and in such other instances as may be required by the terms of this Ordinance. Whenever a Site Plan is required by this Section, or any other provision of this Ordinance, the City shall not issue any building permit until a Site Plan, which is in compliance with the applicable zoning district regulations, is approved. B. AUTHORITY: 1. The Director of Genununity Development Services shall, subject to the procedures, standards, and limitations hereinafter set forth, review and approve site plans for those uses listed under Section 47. C.1 -C.5 of this Ordinance. 2. Any Site Plan that is required by Section 47.C.6 of this Ordinance shall not be approved until: a. The Director of Gommunity Development Services has reviewed the Site Plan and made a report to the Planning and Zoning Commission, with respect to whether the plan complies with codes and ordinances of the City; b. The Planning and Zoning Commission has received the Site Plan and made a recommendation to the City Council with respect to whether the Site Plan is in substantial conformity with the approved Master Development Plan for this property; and C. The City Council has reviewed and approved the Site Plan as being in substantial conformity with the approved Master Development Plan. 071990 1 Section 47 DRAFT COPY 01/15/96 SITE PLAN REVIEW 3. Any Site Plan that is required by Section 48 of this Ordinance shall not be approved until a Conditional Use Permit has been authorized by the City Council. C. DEVELOPMENT AND USES REQUIRING A SITE PLAN: Site Plan review and approval, in accordance with the provisions of this section, shall be required for the following developments and uses. 1. Any permitted accessory, or Conditional Use in the following residential districts: R-3.5, R-3.75, R-TH, R -MF -1, R -MF -2. 2. Any permitted, accessory, or Conditional Use in the following commercial districts: LB, CN, CC, HC, PO, and HCO. 3. Any permitted, accessory, or conditional use in the following industrial districts: LI. 4. Any development or redevelopment within the Airport Noise Overlay Districts. 5. All permitted, accessory, and conditional uses in the Governmental Use (GU) District. 6. All development in the PRD -6, PRD -12, PCD, and PID districts except single family detached dwellings and their related accessory uses and structures. Any site plan issued in connection with a planned development district must be in conformance with the approved Master Development Plan for that district. D. EXEMPT DEVELOPMENT: The following activities and uses shall not require compliance with this section unless otherwise required by this Ordinance. 1. Construction of a single family detached dwelling on an existing or platted single family lot. 2. Construction of any permitted accessory use to a single family 071990 2 Section 47 DRAFT COPY 01/15/96 In SITE PLAN REVIEW dwelling on an existing or planned single family lot. 3. Deposit and contouring of fill on land, provided other regulations of the City of Grapevine are met. 4. Additions to any buildings or use, legally existing at the date of this Ordinance, when such addition does not exceed two hundred (200) square feet or one-third (1/3) of the gross floor area of the existing building or use, whichever is greater. 5. Any permitted use of a temporary nature for a period not to exceed one (1) year. CONTENTS OF SITE PLAN APPLICATION: 1. Whenever a Site Plan is required under subsection C, the application for Site Plan approval shall include the following information and material: A. Site Plan Application: 1. The applicant's name and address and his legal interest in the subject property. 2. The owner's name and address, if different from the applicant, with the owner's signed consent to the filing of the application. 3. Street address and legal description or a metes and bounds of the property on an 8.5" X 11" sheet of paper. 4. The zoning classification and present use of the subject property. 5. The general description of the proposed use or uses for the proposed development. 071990 3 Section 47 DRAFT COPY 01/15/96 SITE PLAN REVIEW 6. A copy of the final plat or replat of the approved subdivision by City Council showing property boundary lines and dimensions; and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property. 7. If the property is subject to a Master Development Plan a statement showing that the proposed use substantially conforms to the Master Development Plan. B. SITE PLAN REQUIREMENTS: 1. All site plans submitted in conjunction with a Conditional Use, Section 48 or a Special Use, Section 49 shall be drawn by a Registered Surveyor, Registered Architect, or Registered Engineer. 2. The site plan shall include the name of the site plan, submittal date, case numbers(s), scale, north point, name of owners, and name of person preparing the site plan, consecutive sheet numbers and a vicinity map. 3. Location of existing boundary lines and dimensions of the tract. 4. Any proposed grading or regrading of the subject property; any significant natural, topographical or physical features of the property, including, at least, existing soil conditions, water courses, marshes, trees in excess of four (4) inches in diameter, rock outcroppings and existing contours in excess of two (2) feet in one hundred (100) feet. 5. Locate center line of existing water courses, drainage features and flooding and drainage easements. 6. Map(s) showing the location, dimension, use and 071990 4 Section 47 DRAFT COPY 01/15/96 SITE PLAN REVIEW arrangement of all proposed buildings and computations in a chart form showing the amount required and provided: height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, and number and size of dwelling units, and number of bedrooms, in residential uses, and building separations. 7. Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure. 8. Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways, driveways entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including type of surface material, slope and gradient of vehicular elements; and total lot coverage of all circulation elements, divided between vehicular and pedestrian ways. 9. Location and size of existing and proposed streets and alleys with location of all street medians and intersections adjacent to the area of request. 10. Copy of Permit to Construct. Access Driveway Facilities on Highway Right of Way issued by the Texas State Department of Highways and public Transportation. 11. The location and size of existing and proposed water and sewer public utilities on and adjacent to the site and fire hydrant locations. 12. All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing size and dimensions of flow. 071990 5 Section 47 DRAFT COPY 01/15/96 SITE PLAN REVIEW 13. Location, size and arrangement of all outdoor signs and the location and intensity of all outdoor lighting and exterior auditory speakers. 14. Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening. 15. Final elevations of proposed structures with the type or kind of building materials used. Calculations of the percentage of masonry of the entire structure. 16. Location, designation and total area of all usable open space. 17. A detailed landscaping plan meeting the provisions of Section 53 of this Ordinance. 18. A soil erosion control plan for the period during which construction will be taking place. 19. In the case of any use requiring a Special Use Permit, any information necessary to demonstrate compliance with all conditions imposed on the proposed special permit use by this Ordinance. 20. Any other information that may be required by the Director of City Development Services to determine that the application is in compliance with the Codes and Ordinances of the City. 21. Parking for disabled persons should be designated according to Chapter 23, Section 23-64 through 23-69 of the Code of Ordinances. 22. Designate all refuse storage areas according to Section 50.13.3. 071990 6 Section 47 DRAFT COPY 01/15/96 SITE PLAN REVIEW 23. A letter from the Public Works Department accepting all subdivision improvements (i.e., drainage, sewage, utilities and street improvements). 24. In the case of any use rewiring a Conditional Use Permit or a Special Use Permit, submit Tree Preservation Permit in accordance with Section 52.E.1. The Purpose is indicating Preservation of the existing natural environment whenever possible and to encourage the preservation of large specimen trees throughout any construction or land development. An approved Tree Preservation Permit may be amended at any time in the same manner and subject to the same standards and limitations as provided in Section 52 Tree Preservation. 2. Whenever a Conditional Use Permit is required pursuant to Section 48, the following additional information shall be submitted, subject to the provisions of Subsection F. a. All final environmental assessments and environmental i impact statements for the proposed building, structure, use, development or activity if either or both are required pursuant to state or federal law, including but not limited to the National Environmental Policy Act (as amended); b. Copies of all studies or analysis upon which have been based projections relied upon by the applicant of the need or demand for the proposed building, structure, use, development or activity, together with copies of all studies or analyses upon which the applicant has relied in selecting a location for the proposed building, structure, use, development or activity over alternatives thereto; C. A description of the present use, assessed value and actual land value of land which will be used or adversely 071990 7 Section 47 DRAFT COPY 01/15/96 SITE PLAN REVIEW impacted by the proposed building, structure, use, development or activity and by each alternative thereto considered by the applicant, together with a description of the expected future use of all such land, including all long-term plans and master plans for the future use or development of the applicant affecting such land; d. A description of the applicant's ability to obtain needed easements (including but not limited to those necessary for drainage, waste disposal, utilities, and avigation) for the proposed building, structure, use, development or activity and for each alternative thereto considered by the applicant; e. A description of the feasibility and costs of any necessary removals of or modifications to residential, commercial and public structures in connection with the proposed building, structure, use, development or activity and with each alternative thereto considered by the applicant; f. A description of all special construction requirements for the proposed building, structure, use, development or activity and for each alternative thereto considered by the applicant, including descriptions of special geologic features and availability of special materials needed for construction; g. A description of the effect on airport access and egress of the proposed building, structure, use, development or activity and of each alternative thereto considered by the applicant, including projections of future ground traffic, traffic impact surveys, descriptions of existing access and egress routes, descriptions of necessary or proposed expansions or enlargements of routes and parking areas; h. If the proposed use or activity will result in increased noise levels, a description of the noise levels expected to 071990 8 Section 47 DRAFT COPY 01/15/96 SITE PLAN REVIEW be generated by or in conjunction with the proposed building, structure, use, development or activity upon commencement of operations and during each fifty year thereafter over the projected life of such building, structure, use, development or activity, including (1) maps showing projected 55, 60, 65, 70 and 75 Ldn noise contours and (2) hourly data showing the projected geographical distribution and duration of any single noise events in excess of 65, 75, 85 and 95db; i. Copies all studies undertaken or considered by any local, state or federal agency in connection with the proposed building, structure, use, development or activity and each alternative thereto considered by the applicant. F. WAIVER OF APPLICATION REQUIREMENTS: 1. The City Council, upon recommendation by the City Planning and Zoning Commission, may waive any part of the application requirements imposed by Subsection E.2 upon petition by the applicant showing that: a. Full compliance with the application requirements of Subsection E.2 would be unreasonably burdensome; and b. The proposed building, structure, use, development or activity will not have a substantial impact on adjacent and surrounding areas. 2. A waiver may be granted only if the City Council determines that the information submitted is sufficient to determine that the proposed building, structure, use, development or activity will comply fully with all applicable Ordinances and Master Plans and that the proposed use, development or activity will not have a substantial impact on adjacent and surrounding areas. 3. A waiver may be granted only after notice is given and public 071990 9 Section 47 DRAFT COPY 01/15/96 SITE PLAN REVIEW hearings are held in compliance with Section 67. G. PROCEDURE FOR PROCESSING SITE PLANS: The following procedures shall govern the processing and approval of Site Plan applications. 1. PRE -APPLICATION CONFERENCE: Prior to filing a formal site plan application, the applicant may request a pre -application conference with the Director of Gommnity Development Services or his designee. The purpose of the pre -application conference shall be to assist the applicant in bringing the Site Plan into conformity with these and other regulations applying to the subject property and to define the specific submission requirements for Site Plan applications. 2. APPLICATION: Applications for Site Plan approval shall be submitted to the Director of Gommunity Development Services or his designee in four (4) duplicate copies. All maps and graphics, submitted as part of the Site Plan Application, shall be to scale and not smaller than one (1) inch equals fifty (50) feet. A non-refundable application fee, as established from time to time by the City Council, to help defray administrative costs and costs of a hearing, shall accompany each application. 3. ACTION BY DIRECTOR OF COMMUNITY DEVELOPMENT: Within thirty (30) days of the filing of an application, the Director of Gemmunity Development Services shall cause such application and the attached site plan to be reviewed, in terms of the standards established by Section 47.H., below, by qualified City personnel. He shall then either: (1) approve the application; (2) approve it subject to the applicant obtaining further specified approvals pursuant to the provisions of this Ordinance; (3) on the basis of written findings in accordance with Section 47.H., below, approve it subject to specific modifications; or (4) on the basis of such findings, decline to approve the application, provided, however, that in the case of site plan applications required by Section 071990 10 Section 47 DRAM COPY 01/15/96 SITE PLAN REVIEW 47.C.6., the Director of Gemmunity Development Services shall not approve said application but shall submit them together with his report thereon to the Planning and Zoning Commission. Immediately upon concluding his review, the Director of Ganununity Development Services shall return one (1) copy of the applicant's plans to him, marked to show either approval, or approval subject to modification, which modifications shall be clearly and permanently marked on such plans. The failure of the Director of Gemmunity Development Services or his designee to act within said thirty (30) days on any application, except one required by Section 47.C.6., shall be deemed to be approval of the application and plans. 4. CONFERENCES AND MODIFICATIONS DURING REVIEW: While reviewing such application, the Director of Gonununity Development Services or his designee may, or at the request of the applicant shall, meet with the applicant for such conferences concerning the proposed site plan as may be appropriate and may accept amended plans in substitution of those originally submitted. 5. ACTION BY PLANNING AND ZONING COMMISSION: If the Director of Goramunity Development Services declines to approve the application, or approves it subject to modifications which are not acceptable to the applicant, such action shall not be deemed final administrative action but shall entitle the applicant to have his application referred to the Planning and Zoning Commission for review and decision of such matters as remained unresolved between the Director and applicant. Such review may be secured by the applicant by filing a written request therefore with the Director of Gommunity Development Services. Upon receipt of such request, the Director shall immediately refer the applicant and his report thereon to the Planning and Zoning Commission which shall review and act upon the application in the same manner and subject to the same standards and limitations as those made applicable to the Director of Gommunity Development Services, except that the 071990 11 Section 47 DRAFT COPY 01/15/96 H. SITE PLAN REVIEW Commission shall have thirty (30) days from the date of such referral within which to act. The decision of the Planning and Zoning Commission shall be final. STANDARDS FOR SITE PLAN REVIEW: I. STANDARDS: The Director of Gommunity Development Services shall not refuse to approve, and the Planning and Zoning Commission and the City Council shall not disapprove Site Plans submitted pursuant to this Section except on the basis of specific written findings dealing with one (1) or more of the following standards: a. The application is incomplete in specified particulars or contains or reveals violations of the Zoning Ordinance or other Ordinances of the City which the applicant has, after written request, failed or refused to supply or correct. b. In the case of a site plan submitted in conjunction with a planned development, a Special or Conditional Use Permit, or any district regulations in this Ordinance that contain specific development standards, such as the PRD - 6, PRD -12, PCD, or PID Districts, the site plan fails to meet adequately specified standards required by this Ordinance with respect to such development or special use. C. The proposed site plan does, or will, interfere unnecessarily, and in specified particulars, with easement, roadways, rail lines, utilities, and public or private rights-of-way. d. The proposed site plan does, or will unnecessarily, and in specified particulars, destroy, damage, detrimentally modify or interfere with significant natural, topographic or physical features of the site. 071990 12 Section 47 DRAFIP COPY 01/15/96 SITE PLAN REVIEW e. The circulation elements of the proposed site plan unnecessarily, and in specified particulars, create, or will create: hazards to safety on or off the site; disjointed pedestrian or vehicular circulation paths on or off the site; undue interference with and inconvenience to pedestrian travel. L The screening of site does not, or will not, provide adequate shielding from or for nearby uses with which the proposed use may be incompatible. g. Based on recognized standards, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance. h. The proposed site plan does, or will, unnecessarily, and in specified particulars, create drainage or erosion problems. i. In the case of site plans for developments in the PRD -6, PRD -12, PCD and PID Districts, the proposed site plan fails, in specified particulars, to conform substantially to the approved Master Development Plan for the Property. 2. ALTERNATIVE APPROACHES: In citing any of the foregoing standards, other than those of subparagraph La., as the basis for declining to approve or for disapproving a site plan, the Director of Gemmunity Development Services shall suggest alternate site plan approaches which could be utilized to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives. I. EFFECT OF SITE PLAN APPROVAL: If the Director of Comity Development Services or the City Council or the Planning and Zoning Commission approves the application or 071990 13 Section 47 DRAFT COPY 01/15/96 SITE PLAN REVIEW approves it subject to further specified approvals or to modification which are acceptable to the applicant, such approval shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building, or structure, but shall authorize only the preparation filing and processing of applications for any further permits or approvals which may be required by the Codes and Ordinances of the City, including any approvals such as a building permit, a certificate of occupancy or subdivision approval. J. LIMITATIONS ON SITE PLAN APPROVAL: No site plan approval shall be valid for a period longer than one (1) year from the date such approval is issued, unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion or an occupancy permit is obtained and a use commenced within that period. Approval of an application does not authorize any work in conflict with any Codes or Ordinances of the City of Grapevine. K. AMENDMENT: An approved site plan may be amended at any time in the same manner and subject to the same standards and limitations as provided in this Section for original site plan approval. 071990 14 Section 47 TREE PRESERVATION DRAFT COPY 01/15/96 Section 52. Tree Preservation A. PURPOSE: The purposes of this section are 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: Any self-supporting woody perennial plant which has a trunk diameter 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, 031787 1 Section 52 NVIADIDow r r C. In DRAB COPY 01/15/96 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 oak. 7. YARD AREA: The front, side and rear yard areas as required under the Comprehensive Zoning Code and the zoning district requirements applicable thereto. 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. 1. A Tree Preservation Permit shall be required and approved in connection with a request for a zone change, a 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 architects registered architect, registered engineer or registered surveyor. 2. A Tree Removal Permit shall be required when trees are requested to be removed. No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through 031787 2 Section 52 U IN MAR:U IfM DRAFT COPY 01/15/96 damaging, any tree, specimen tree or historic tree situated on property described above without first obtaining a Tree Removal Permit unless the conditions of Section 52.G.1 and 52.G.2 apply. A permit submitted for approval by the Planning and Zoning Commission shall be prepared by registered landscape architect, registered architect, registered engineer or registered surveyor. A permit submitted for approval by Development Services Staff do 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 propert, lines, ines, 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. Survey locating trees on the site to remain that are 8 inches or greater when measured at a point four and one-half (4-1/2) feet above the ground level. Trees to remain shall be designated by a circle. 6. Survey locating trees on the site to be removed that are 8 inches or greater when measured at a point four and one-half (4-1/2) feet 031787 Section 52 DRAFT COPY 01/15/96 above the ground level. 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. Tree Replacement Plan: The plan shall exhibit the location of proposed trees 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 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. EF.. APPLICATION IC A T ION 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 to the Director of Community 031787 0 Section 52 R • IN • , 01 Do DRAbr COPY 01/15/96 Development Services. The application shall be accompanied by a preliminary plat showing the exact location, size (trunk diameter and height) 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 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. Existing and prepesed site elevations, gfades and major eentoufs. Date, scale, north point, and the names, addresses and telephone numbers of both property owner and the person preparing the plan. 3. Leeation ef existing pfopesed utility easeine Existing and proposed site elevations, grades and major contours. 4. The loeation of trees on the site to be removed, or replaeed. Location of existing and proposed utility easements on the lot. 5. Tfee infefinatien :: : - - .::.- on the plan and shall inelude the reason for the proposed removal, or replaeenww. Location and dimensions of visibilfty triangles on the Survey locating trees on the site to remain that are three (3) inches or greater when measured at a point four and one-half (4- 1/2) feet above the ground level. Trees to remain shall be designated by a circle 031787 5 Section 52 TREE PRESERVATION DRAFT COPY 01/15/96 7. Aerial photographs, at an appropriate seale, may be substituted, at the diseretion of the Direetor of Community Development, for a site pla if adequate site information is supplied on the aef4a! photographs -.- Survey locating trees on the site to be removed that are three (3) inches or greater when measured at point four and one-half (4- 1/2) feet above the ground level. 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. 10. Tree Replacement Plan: The plan shall exhibit the location of proposed trees to be replaced and include a legend indicating the species, caliper size and height of proposed tree replacement. Replacement trees shall be designatedby 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 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. 11. Tree Protection Plan: The plan shall describe how existing healthy trees proposed to be retained will be protected from damage during construction. EG. APPLICATION .REVIEW: Upon receipt of a proper application, the 031787 0 Section 52 %. W- U4 111 FMS,1 Planning and Zoning Commission shall review the application for new subdivisions and for platted lots, the Director of Community 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. if th applieation is made ftion with a Site PIm submitted for approvall-, the appReation will be eonsidered as part of the site plan, and no pe shall be issued without Site Plan approval. 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 Community Development Services as appropriate, in accordance with the provisions of this chapter. FH. TREE REMOVAL: 1. No tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist: 031787 a. The tree is located in a utility or drainage easement or public street right-of-way as recorded on a plat approved by the City Council. 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. The Director of Gommrnity Development Services may approve selected removal under this condition. 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 cutting of trees on a property prior to the issuance of a building permit. Section 52 • r1pill, , DRAFr COPY 01/15/96 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 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. 141. REPLACEMENT: In the event that it is necessary to remove tree(s) outside the buildable area, the developer, as condition to issuance of a tree removal permit, may be required to replace the tree(s) being removed with comparable trees somewhere within the site. 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 Gommnity Development Services as approved by the Planning and Zoning Commission from the recommendations of the County Extension Service. At the time of application review, the person responsible for replacement, time of replacement and location will be determined by the Planning and Zoning Commission. 1j. TREE PROTECTION: During any construction or land development, the developer shall clearly 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, debris or fill to be placed within the drip line of any tree. During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of 031787 Section 52 W R % DRAFT COPY 01/15/96 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 tree or groups of tree to remain. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree. JK. 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 Gemmnity 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. ISL. EXEMPTION. This Ordinance shall not apply to any development which has received final plat approval prior to the effective date of this Ordinance. A permit shall not be required for a builder to satisfy final grading standards of the Building Code of the City of Grapevine. 031787 E Section 52 r SIGN REGULATIONS Section 60. Sign Standards DRAFT COPY 01/12/96 Signs are recognized as a significant and specific use of land for the purpose of protection of places and areas of historical and cultural importance; to increase safety and lessen congestion in the streets; to conserve the value of buildings; to preserve residential values; and to encourage the most appropriate use of land, standards are herein provided for the installation of signs. No sign shall be erected, placed, or located except in accordance with the following standards: A. SIGN PERMITS: No sign, except for signs listed in Section 60, shall be painted, constructed, erected, remodeled, relocated, or expanded until a zoning permit for such sign has been obtained in accordance with the procedure set out in this Ordinance. No zoning permit for any sign shall be issued unless the sign complies with the regulations of this Section 60. It shall be unlawful for the owner of any property, or any other person, firm, or entity to place, allow to be placed, maintain or allow to be maintained, portable commercial billboards or on-site business signs in the City. Any portable sign for which a current and valid permit has been issued shall be allowed until the expiration of the permit. No signs shall be permitted except as specified in this Section 60. B. CLASSIFICATION OF SIGNS: 1. Functional Types: 022195 a. NAMEPLATE SIGNS: A permanent sign affixed to the exterior wall of a building, giving the name and/or address of the owner or occupant of a building or premises in which it is located, and, where applicable, a professional status. 1 Section 60 M SIGN REGULATIONS 022195 DRAFT COPY 01/12/96 b. ON -PREMISE SIGNS: A permanent sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered, on the premises where the sign is located or to which it is affixed. C. DEVELOPMENT SIGNS: A temporary sign identifying the developing tract of land on which it is located. In residential districts, said sign shall be removed after four (4) years, or when ninety (90) percent of the lots are sold, whichever occurs first. In all other zoning districts, said sign shall be removed after three (3) years, or when seventy (70) percent of the lots are developed, or whichever occurs first. d. CONSTRUCTION SIGNS: A temporary sign containing the names of architects, engineers, landscape architects, contractors, and similar artisans involved in the design and construction of a structure or project. This temporary sign may be located only on the premises on which the construction is taking place and only during the period when construction is taking place. Said sign shall be removed prior to the issuance of the first Certificate of Occupancy. e. REAL ESTATE SIGNS: A temporary sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon. Said sign shall be removed upon the sale or lease of the property. f. POLITICAL SIGNS: A temporary sign meeting the requirements of Chapter 20, Article II, Division 3 of the Grapevine Code of Ordinances. g. SUBDIVISION SIGNS: A sign identifying a subdivision on which it is located. The subdivision sign shall not be located in any right-of-way or easement in the subdivision. 2 Section 60 E, SIGN REGULATIONS 2. Structural Types: 022195 DRAFT COPY 01/12/96 a. AWNING, CANOPY AND MARQUEE SIGNS: A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Ordinance. No such sign shall project above, below, or beyond the physical dimensions of the awning, canopy or marquee. b. GROUND SIGNS: Amy sign,tob---sign, permanently placed upon, or supported by, the ground independentV of the principal building or structure on the property, the top edge of whieh sig i 3re than six (6) feet above ground I All Gground signs must conform to the following regulations: (1) Sign support shall be masonry, non -decaying wood, or structural steel tubing. (2) Sign face shall be non -decaying wood, or flat, clear acrylic sheet with all copy and background sprayed on second surface with acrylic colors. Jal Ground Signs in R-20, R-12.5, R-7.5, R-5.0, R- 3.59 R-3.759 R -MH, R-TH, R -MF -1, R -MF -2, R-MODH, PRD -6 and PRD -12 (3) Maximum gross surface area: Sixty (60) square feet. Maximum sign height: Six (6) feet including the base, measured to ground level at base. Ground may be bermed (also planter) a maximum of two (2) feet from the top of curb. 3 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 Changeable Copy: Thirty (30) percent. The ,percentage of changeable copy may be increased provided a conditional use permit is issued in a accordance with section 48 of this Ordinance. Ground Signs in the BP Business Park District: Maximum sign height: Ten (10) feet including the base, measured to ground level at base. Ground may be bermed (also planter) a maximum of two (2) feet from the top of curb. Maximum gross surface area: Two hundred (200) square feet. Changeable Copy: Tw" (2-8� Thirty (30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. 0 Ground Signs In All Other Non -Residential Districts Maximum sign height: Ten (10) feet including the base, measured to ground level at base. Ground may be bermed (also planter) a maximum of two (2) feet from the top of curb. Maximum gross surface area: One hundred (100) square feet. 022195 4 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 Changeable Copy: Thirty (30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. C. POLE SIGNS: A sign that is mounted on a freestanding pole, conforming to the following regulations: 1. Engineering Regulations: All pole signs shall be designed in accordance with Chapter 23 of the Grapevine Building Code. All plans and specifications shall be prepared by a professional engineer. Wind pressure design for signs shall be twenty (20) pounds per square foot for signs less than thirty (30) feet in height and twenty-five (25) pounds per square foot for signs thirty (30) feet to forty (40) feet in height. 2. Sign Cabinet: Paint grip sheet metal on angle iron frame with angle retaining rim to secure sign face or other materials approved by the Director of Community Development. 3. Sign Cabinet Minimum Gross Surface Area: Thirty (30) square feet. 4. Maximum Sign Cabinet Dimensions and Maximum Gross Surface Area: The maximum gross surface of the sign cabinet shall be one hundred eight (108) square feet with a maximum cabinet width of twelve (12) feet, a maximum cabinet height of twelve (12) feet and a maximum cabinet depth of fourteen (14) inches. 022195 5 Section 60 9 SIGN REGULATIONS R R1 7. a DRAFT COPY 01/12/96 Sign Face: Flat, clear acrylic sheet, or other material approved by the Director of Community Development; all copy and background sprayed on second surface with acrylic colors. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. Neon tubing on solid background. Changeable Copy: Thirty (30) percent of the gross surface area of the sign face may have changeable copy. All explanatory text related to the changeable copy shall be calculated as a part of the thirty (30) percent gross surface area. Sign Finish: Degrease, prime, and finish coat all exposed metal surfaces as required. Sign Support Color: Painted surfaces are to match architecturally with the main structure on the lot. External Illumination: Neon tubing on a solid background is allowed. 10. Internal Illumination: Internal illumination provided by fluorescent lamps spaced no further than twelve (12) inches on center. 022195 6 Section 60 SIGN REGULATIONS 11. 12. DRAFT COPY 01/12/96 Overall Sign Height: All signs to be twenty (20) feet in height. Pole Sign Conditional Uses: The following Conditional Uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued: A sign face with changeable copy exceeding thirty (30) percent of the gross surface area of the sign face. Planned Gommereial Centers Pole signs located adjacent to Highway 121, Highway 360,E and Highway 114 (excluding Business 114), and F.M. 2499 may hftve a pole s ' , be a minimum of twenty (20) feet in height up to forty (40) feet in height. For pole signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall be a maximum of thirty-six (36) inches in depth and a maximum gross surface area of two hundred eighty-eight (288) square feet. There shall be no minimum or maximum cabinet width or height regulations for signs approved with a conditional use exceeding twenty (20) feet in height. d. PROJECTING SIGNS: A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building, but less than forty-eight (48) inches. e. ROOF SIGNS: A sign fastened to or resting on the roof of a structure. 022195 7 Section 60 SIGN REGULATIONS f. WALL SIGNS: DRAFT COPY 01/12/96 A sign fastened to or painted on a wall of a building or structure in such a manner than the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such building. Any sign which is supported by the ground but not attached to the ground, or other object which is used primarily to advertise to the general public for commercial purposes; is of a temporary nature; is not directly connected to or in relation to or in close proximity to a business, church, development or other establishment that is being advertised. h. PORTABLE ON-SITE BUSINESS SIGNS: Any sign supported by the ground but not attached to the ground or other object, which is of a temporary nature, and is used for advertising purposes connected to, adjacent to or in close proximity of the business, church, development or other establishment that is being advertised. A portable sign, consisting of two panels of equal size, made of painted, decay resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self supporting. Portable Sandwich Boards must conform to the following regulations: (1) Maximum sign height shall be three (3) feet. (2) Maximum sign width shall be two (2) feet. 022195 8 Section 60 El SIGN REGULATIONS i. DRAFT COPY 01/12/96 (3) Signs shall not be placed in front of adjoining property. No portion of the sign shall extend more than three (3) feet from the building face. (4) A minimum clear sidewalk width of forty-eight (48) inches shall be maintained. (5) Chalkboards may be used for daily changing messages. No changeable letters on tracks may be used. (6) Sign must be removed after business hours. HISTORIC WALL SIGN: A sign painted directly on a building existing as of October 18, 1994, which is a restoration of or an exact replica of a sign advertising a historic former premise or a product. A replica sign must be documented as a historic sign known to have previously existed on a building in Grapevine. C. GENERAI, STANDARDS: 1. 022195 GROSS SURFACE AREA OF SIGNS: The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. Such perimeter shall not include any structural elements lying outside the limits of such sign which do not form any integral part of the display. The gross area of a sign shall be measured on only one side of a sign. When two (2) or more signs are located on a zoning lot, the gross surface area of all signs on the lot shall not exceed the maximum gross surface area per street frontage set by the applicable district regulations, except as is provided by Section 60.C.8. For computing the area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters. 9 Section 60 SIGN REGULATIONS 2. 3. 4. 5. 6. 7. HEIGHT OF SIGNS: DRAFT COPY 01/12/96 Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign. BUILDING AND ELECTRICAL CODES APPLICABLE: All signs must conform to the regulations and design standards of the Building Code and other Ordinances of the City of Grapevine. ILLUMINATES SIGNS: Signs shall be shaded wherever necessary to avoid casting a bright light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. FLASHING OR MOVING SIGNS: No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted. A sign on which the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time, temperature, or message and do not change more frequently than every fifteen (15) seconds. ACCESSWAY OR WINDOW: No sign shall block any required accessway or window. SIGNS ON TREES OR UTILITY POLES: No sign shall be attached to a tree, utility pole, or fence post whether on public or private property. 022195 10 Section 60 El SIGN REGULATIONS DRAFT COPY 01/12/96 8. CORNER AND THROUGH LOTS: On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage. On corner and through lots, restrictions that are phrased in terms of "signs per zoning lot" shall be deemed to permit the allowable number of signs facing each street or highway that abuts the lot. 9. METAL SIGNS: a. Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of at least nine (9) feet. Accessory lighting fixtures attached to a nonmetal frame sign shall maintain a clearance of at least nine (9) feet to ground. b. No metal ground shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected. 10. PERMITTED POLE AND GROUND SIGNS: In all districts where pole and ground signs are permitted, only one of the two (2) structural types shall be permitted per lot. More than one ground sign may be permitted for Planned Commercial Centers provided they meet the provisions of Section 48, and a Conditional Use Permit is issued. 11. Whenever a sign is damaged by wind, is inadequately maintained, the construction is faulty, or it is damaged by any other cause, it shall be declared a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the Director of Community Development, or at the owner's election such sign shall be removed. A sign which has been permitted to remain in 022195 11 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 place as a nonconforming use shall be removed when the sign, or a substantial part of it is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other material on the sign. For purposes of this Section 60, a sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location. 12. Planned Commercial Centers are defined as having a five (5) acre minimum size with a combination of retail stores, offices, personal service establishments and similar uses. 13. PORTABLE AND VEHICLE SIGNS: a. It shall be unlawful to attach any sign to or upon any vehicle, trailer, skid or similar mobile structure where the primary use is to provide a base for such sign or constitute the sign itself. Such signs attached to or upon any vehicle or mobile structure shall be prohibited where any such vehicle is allowed to remain parked along a right-of-way in the same location, or in the same vicinity, at frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising establishments, services or products. b. It shall be a defense to prosecution under this section if the owner of the vehicle can show through a log or other documentation made contemporaneously with the vehicle usage that the primary use of th).:vehicle is for delivery of the goods or services identified on the vehicle, or other bona fide business transportation. Primary use shall mean more than 50% of the total house such vehicle is in use. 022195 12 Section 60 N SIGN REGULATIONS W E. C. Exceptions: DRAFT COPY 01/12/96 1. Vehicle identification signs attached to or Painted upon a vehicle used for delivery or bona fide business transportation. 2. Political signs in or upon a motor vehicle when not illuminated. TRAFFIC SAFETY: 1. No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control -sign, signal or device, or where it may interfere with, mislead or confuse traffic. 2. No sign shall be located in any vision triangle formed by the center lines of any two (2) intersecting streets. At any intersection where at least one of the intersecting streets is an arterial street (as defined in the Thoroughfare Plan of the City of Grapevine) the sides of the triangle formed by the center lines of the intersecting streets shall be one hundred -twenty (120) feet in length as measure outward from the point of intersection of such center lines along such center lines. At all other intersections, each of such sides shall be eighty (80) feet in length. EXEMPTION: 1. 022195 The following signs shall be exempt from the requirements of this section: a. Flags, or emblems of a government or of a political, civic, philanthropic, educational or religious organization, when displayed on private property. 13 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 b. Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory sings having to do with health, hazards, parking, swimming, dumping, etc. C. Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. d. Small signs, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restroom, freight entrances, and the like, (shall) conform to the following regulation: 1. The maximum height of the sign shall be forty-two (42) inches. 2. A company logo or name shall not exceed ten percent (10%) of the sign. 3. Directional signs, i.e., enter, exit, drive-through, shall have an arrow indicating the direction of travel. 4. The maximum gross surface of the sign cabinet shall be five (5) square feet. e. Scoreboards in athletic stadiums. f. Temporary political signs regulated by Chapter 20, Article II, Division 3, of the Grapevine Code of Ordinances. g. Signs in the right-of-way regulated by Chapter 20, Article I, Section 20-17.1 of the Grapevine Code of Ordinances. 022195 14 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 h. Permission is granted as a special privilege to any business in a properly zoned area to display flags, banners and balloons for a period not exceeding two (2) weeks in any quarter of a calendar year in connection with special sales being conducted by said business. Such signs and their placement must be approved by the Director of Community Development. Such flags, banners and balloons may be erected and maintained only during such two (2) week period. Flags, banners and balloons which advertise a business's grand opening may be displayed for a extended period not to exceed thirty (30) days within sixty (60) days of the issuance of a Certificate of Occupancy for a new business. Flags, banners and balloons which advertise a business going out of business may extend the two week period not to exceed thirty days. A permit shall be required. i. Permission may be granted by the Director of Community Development as a special privilege to civic organizations and other nonprofit organizations to erect signs promoting special events or activities at the locations and times, and under the conditions specified by the Director of Community Development. A permit shall be required. j. On -premises signs for hospitals as defined in Section 12.A.196 of this Ordinance. 2. The following signs are -exempt from the -zoning permit requirement of Section 60.A., but shall comply with all of the other regulations imposed by this section: a. Nameplate signs not exceeding two (2) square feet in gross surface area accessory to a single-family or two-family dwelling. b. Nameplate signs not exceeding fifteen (15) square feet in gross surface area accessory to a multiple -family dwelling. 022195 15 Section 60 SIGN REGULATIONS F. DRAFT COPY 01/12/96 C. On -premises signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises. SIGNS IN R-20, R-12.59 R-7.5, R-5.09 R-3.59 R-3.75, R -MH, R-TH, R- MF -1, R -MF -2, R-MODH, PRD -6 AND PRD -12 DISTRICTS. 1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs: a. On -Premise Signs: (1) For churches, convents and other places of worship, parks, playgrounds, nature preserves, and for multifamily dwellings in RMF -1 and RMF -2 zoning districts and neighborhood day care centers approved with a special use permit in accordance with Section 49, Special Use Permits: (2) Ground signs (3) Wall signs b. Development Signs: (1) Ground Signs (2) Pole signs C. Construction Signs: (1) Ground signs (2) Pole signs d. Real Estate Signs: (1) See definition 60.B.1.(e)., or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc. 022195 16 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 e. Subdivision Signs: (1) Ground signs 2. NUMBER OF SIGNS PERMITTED. a. On -Premise: (1) One (1) ground sign per platted lot and one (1) wall sign per street frontage. b. Development: (1) One (1) per subdivision. C. Construction: (1) One (1) per each ten (10) platted lots, not to exceed a total of four (4) signs per subdivision. d. Real Estate: (1) One (1) per platted lot. e. Subdivision Sign: (1) One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. MAXIMUM GROSS SURFACE AREA: a. On -Premise Signs: (1) Thirty-two (32) square feet. b. Development Signs: (1) Sixty-four (64) square feet. C. Construction Signs: (1) Thirty-two (32) square feet. d. Real Estate Signs: (1) Six (6) square feet. 022195 17 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 e. Subdivision Signs: (1) Sixty (60) square feet per sign. 4. MAXIMUM HEIGHT: a. Development Signs: (1) Fifteen (15) feet. b. Construction Signs: (1) Twelve (12) feet. C. Real Estate Signs: (1) Six (6) feet. 5. REQUIRED SETBACK: a. On -Premise: (1) Fifteen (15) feet from the front lot line. b. Development: (1) Ten (10) feet from the front lot line. C. Construction: (1) Fifteen (15) feet from the front lot line. d. Real Estate: (1) Five (5) feet from the front lot line. e. Subdivision Sign: (1) Fifteen (15) feet from the front lot line. 6. ILLUMINATION: No sign shall be illuminated except that on -premise signs may be illuminated with incandescent or fluorescent light. 022195 18 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 G. SIGNS IN THE CBD CENTRAL BUSINESS DISTRICT: 1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED: The following permitted functional uses shall be limited to the associated structural types of signs: a. Nameplate Signs: (1) Wall b. On -Premise Signs: (1) Wall signs (2) Ground signs (3) Awning, canopy, marquee (4) Projecting (5) Portable sandwich board (6) Historic wall sign C. Real Estate Signs: (1) Wall 2. NUMBER OF SIGNS PERMITTED: a. Nameplate: (1) One (1) per storefront. b. On -Premise Signs: (1) Awning, canopy, marquee, and either one (1) wall sign per each individual wall for each lease space or one (1) projecting sign, and one (1) ground sign per platted lot, one (1) portable sandwich board per building and historic wall signs as approved by the Historic Preservation Commission. C. Real -Estate: (1) One (1) per storefront. 022195 19 Section 60 SIGN REGULATIONS 3. MAXIMUM GROSS SURFACE AREA: a. Nameplate: (1) Two (2) square feet. b. Projecting Signs: (1) Twenty-five square feet. C. Real -Estate: (1) Thirty-two (32) square feet. DRAFT COPY 01/12/96 d. Wall Signs: (1) Fifteen (15) percent of the .wall, except for historic wall signs approved by the Historic Preservation Commission. e. Awning, Canopy and Marquee: (1) Twenty-five (25) percent of the awning, canopy or marquee. 4. MAXIMUM HEIGHT: No sign shall protrude above the roof or eave line of the principal structure. Projecting signs shall be a minimum of eight (8) feet above sidewalk grade and shall not protrude above the roof or eave line of the principal structure. 5. REQUIRED SETBACK: a. Ground Signs: (1) Ten (10) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on -premise signs only. 022195 20 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 NEIGHBORHOOD, RECREATION/AMUSEMENT AN% PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICTS. 1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs. a. Nameplate Signs: (1) Wall b. On -Premise Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole C. Development Signs: (1) Ground (2) Pole d. Construction Signs: (1) Ground (2) Pole e. Real Estate Signs: (1) Ground (2) Wall (3) Pole f. Subdivision Signs: (1) Ground 022195 21 Section 60 SIGN REGULATIONS 2. NUMBER OF SIGNS PERMITTED; a. Nameplate Signs: (1) One (1) per lease space. DRAFT COPY 01/12/96 b. On -Premise Signs: (1) One (1) ground or pole sign per platted lot and one (1) awning, canopy, marquee, sign per lease space; one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a conditional use or property zoned CC Community Commercial, PCD, or HC, the City Council may authorize and approve one (1) or more additional ground or pole signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional ground or pole signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. C. Development Signs: (1) One (1) per platted lot. d. Construction Signs: (1) One (1) per platted lot. e. Real Estate Signs: (1) One (1) per platted lot. f. Subdivision Sign: (1) One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 022195 22 Section 60 12 SIGN REGULATIONS DRAFT COPY 01/12/96 3. MAXIMUM GROSS SURFACE AREA: a. Nameplate Signs: (1) Two (2) square feet. b. Developments: (1) Sixty-four (64) square feet. C. Construction: (1) Sixty-four (64) square feet. d. Real Estate: (1) Sixty-four (64) square feet. e. Wall: (1) Twenty-five (25) percent of the wail. f. Awning, Canopy or Marquee: (1) Fifty (50) percent of the awning, canopy or marquee. g. Subdivision Signs: (1) Sixty (60) square feet per sign. 4. MAXIMUM HEIGHT: a. Development, Construction, Real Estate: (1) Fifteen (15) feet. 5. REQUIRED SETBACK: a. On -Premise: (1) Ten (10) feet. b. Development: (1) Ten (10) feet. C. Construction: (1) Fifteen (15) feet. 022195 23 Section 60 V, M SIGN REGULATIONS I. d. Real Estate: (1) Fifteen (15) feet. e. Subdivision Signs: (1) Fifteen (15) feet. 6. ILLUMINATION: DRAFT COPY 01/12/96 Illuminated signs are permitted for nameplate and on -premises signs only. LB, GV, PO, AND IICO DISTRICTS. 1. 022195 FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs: a. Nameplate Signs: (1) Wall b. On -Premises Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (Not allowed in the Grapevine Vintage District) C. Development Signs: (1) Ground (2) Pole (Not allowed in the Grapevine Vintage District) d. Construction Signs: (1) Ground (2) Pole (Not allowed in the Grapevine Vintage District) 24 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 e. Real Estate Signs: (1) Ground (2) Wall (3) Pole (Not allowed in the Grapevine Vintage District) f. Subdivision Signs: (1) Ground 2. NUMBER OF SIGNS PERMITTED: a. Nameplate Signs: (1) One (1) per lease space. b. On -Premise Signs: (1) One (1) ground or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space. C. Development Signs: (1) One (1) per platted lot. d. Construction Signs: (1) One (1) per platted lot. e. Real Estate Signs: (1) One (1) per platted lot. f. Subdivision Signs: (1) One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. MAXIMUM GROSS SURFACE AREA: a. Nameplate: (1) Two (2) square feet. 022195 25 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 b. Development: (1) Sixty-four (64) square feet. C. Construction: (1) Sixty-four (64) square feet. d. Real Estate: (1) Sixty-four (64) square feet. e. Wall: (1) Twenty-five (25) percent of the wail. f. Awning, Canopy, Marquee: (1) Fifty (50) percent of the awning, canopy or marquee. g. Subdivision Signs: (1) Sixty (60) square feet per sign. 4. N MAXIMUM HEIGHT: a. Development, Construction, Real Estate: (1) Fifteen (15) feet. b. On -Premise: (1) Awning, canopy, marquee: Thirty (30) feet in HCO District. 5. REQUIRED SETBACK: a. On -Premise: (1) Ten (10) feet. b. Development: (1) Ten (10) feet. C. Construction: (1) Fifteen (15) feet. 022195 26 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 d. Real Estate: (1) Fifteen (15) feet. e. Subdivision Signs: (1) Fifteen (15) feet. 6. ILLUMINATION: Illuminated signs are permitted for nameplate and on -premises signs only. J. HC HIGHWAY COMMERCIAL DISTRICT. 1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED: The following permitted functional uses shall be limited to the associated structural types of signs. a. Nameplate Signs: (1) Wall b. On -Premise Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole C. Development Signs: (1) Ground (2) Pole d. Construction Signs: (1) Ground (2) Pole 022195 27 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 e. Real Estate Signs: (1) Ground (2) Wall (3) Pole f. Subdivision Signs: (1) Ground 2. NUMBER OF SIGNS PERMITTED: a. Nameplate signs: (1) One (1) per lease space. b. On -Premise Signs: (1) One (1) ground or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space, provided, however, in the case of a Planned Commercial Center approved pursuant to a Conditional Use or property zoned CC Community Commercial, PCD or HC, the City Council may authorize and approve one (1) or more additional ground or pole signs within a platted subdivision where it is determined by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for such additional ground or pole signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a Conditional Use Permit. C. Development Signs: (1) One (1) per platted lot. d. Construction Signs: (1) One (1) per platted lot. 022195 28 Section 60 SIGN REGULATIONS DRAFT COPY 01/12/96 e. Real Estate Signs: (1) One (1) per platted lot. f. Subdivision Signs: (1) One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 3. MAXIMUM GROSS SURFACE AREA: a. Nameplate Signs: (1) Two (2) square feet. b. Development: (1) Sixty-four (64) square feet. C. Construction: (1) Sixty-four (64) square feet. d. Real Estate: (1) Sixty-four (64) square feet. e. Wall: (1) Twenty-five (25) percent of the wall. f. Awning, Canopy or Marquee: (1) Fifty (50) percent of the awning, canopy or marquee. g. Subdivision Signs: (1) Sixty (60) square feet per sign. 4. MAXIMUM IIEIGHT: a. Development, Construction, Real Estate: (1) Fifteen (15) feet. 022195 29 Section 60 SIGN REGULATIONS S. REQUIRED SETBACK: a. On -Premise: (1) Ten (10) feet. b. Development: (1) Ten (10) feet. C. Construction: (1) Fifteen (15) feet. d. Real Estate: (1) Fifteen (15) feet. e. Subdivision Signs: (1) Fifteen (15) feet. 6. ILLUMINATION: DRAFT COPY 01/12/96 Illuminated signs are permitted for nameplate and on -premises signs only. K. LI LIGHT INDUSTRIAL, BP BUSINESS PARK AND PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS: 1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED: The following permitted functional uses shall be limited to the associated structural types of signs. a. Nameplate Signs: (1) Wall 022195 30 Section 60 SIGN REGULATIONS 2. DRAFT COPY 01/12/96 b. On -Premise Signs: (1) Wall (2) Awning, canopy, marquee (3) Ground (4) Pole (Not allowed in the Business Park District) C. Development Signs: (1) Ground (2) Pole d. Construction Signs: (1) Ground (2) Pole e. Real Estate Signs: (1) Ground (2) Wall (3) Pole f. Subdivision Signs: (1) Ground a. Nameplate Signs: (1) One (1) per lease space. b. On -Premise Signs: (1) One (1) ground or pole sign per platted lot and one (1) awning, canopy, marquee sign per lease space, one (1) wall sign per each individual wall for each lease space. However, in the case of a Planned Business Park approved pursuant to a conditional use permit on property zoned BP Business Park, the City Council may authorize and approve one (1) or more additional ground signs within a platted subdivision where it is determined 022195 31 Section 60 SIGN REGULATIONS 3. DRAFT COPY 01/12/96 by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, that a need exists for additional ground signs in order to properly and adequately inform and apprise the public relative to the commercial activities being conducted within the platted subdivision by the issuance of a conditional use permit. C. Development Signs: (1) One (1) per platted lot. d. Construction Signs: (1) One (1) per platted lot. e. Real Estate Signs: (1) One (1) per platted lot. f. Subdivision Signs: (1) One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. MAXIMUM GROSS SURFACE AREA: a. Nameplate Signs: (1) Two (2) square feet. b. Development: (1) Sixty-four (64) square feet. C. Construction: (1) Sixty-four (64) square feet. d. Real Estate: (1) Sixty-four (64) square feet. e. Wall: (1) Twenty-five (25) percent of the wall. 022195 32 Section 60 t SIGN REGULATIONS DRAFT COPY 01/12/96 f. Awning, Canopy or Marquee: (1) Fifty (50) percent of the awning, canopy or marquee. g. Subdivision Signs: (1) Sixty-four (64) square feet per lot. 4. MAXIMUM HEIGHT: a. Development, Construction, Real Estate: (1) Fifteen (15) feet. 5. REQUIRED SETBACK: a. On -Premise: (1) Ten (10) feet. b. Development: (1) Ten (10) feet. C. Construction: (1) Fifteen (15) feet. d. Real Estate: (1) Fifteen (15) feet. e. Subdivision Signs: (1) Fifteen (15) feet. 6. ILLUMINATION: 022195 Illuminated signs are permitted for nameplate and on -premise signs only. 33 Section 60 m SIGN REGULATIC 'S DRAFT COPY 01/12/96 L. APPLICATIt `� TO EXTRATERRITORIAL JURISDICTION: In accordance ith Article 10150-1, Texas Revised Civil Statues Annotated, the provision of this Section 60 are extended to the extraterritorial jurisdiction of the City as defined by the Municipal Annexation Act (Art. 970a, Texas I vised Civil Statutes Annotated.) 022195 W Section 60 MEMO TO: PLANNING AND ZONING COMMISSIONERS FROM: H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MARCY RATCLIFF, IV[ MEETING DATE: JANUARY 30, 1996 SUBJECT: SUMMARY OF WORKSHOP AGENDA A. Communication Uses in Section 42, Supplementary District Regulations and Section 49, Special Use Permits - Staff had proposed at the October 30, 1995 Workshop a first rough draft of amendments to Section 42, Supplementary District Regulations relative to regulating antennas and other communication uses. The Commission tabled further action on the amendments until the January 30, 1996 Workshop, to allow Staff time to gather additional information. The Commission requested to see if there were regulations regarding landscaping, screening, size and locations of the equipment building. Staff was unable to find any ordinances or regulations regarding these issues. Attached you will find a draft of communication uses in Section 42, Supplementary District Regulations and Section 49, Special Use Permits. The proposed amendments specifically define terms and regulate where antennas are allowed as a matter of right and where they are allowed with an approved specific use permit. The majority of the language was taken from the Piano Ordinance. Staff will be prepared to discuss the proposed language and any necessary changes. PCS Primeco, who originally requested the Commission to review Grapevine's Ordinances, will be present at the meeting to give additional input if needed. B. Section 60, Sign Regulations - Staff has developed new design standards on Pages 3-5 for ground signs. Proposed are separate criteria for residential and non-residential uses. Staff has redefined ground signs to be solid from the ground up and all poles or supports to be concealed. To be consistent with the pole sign regulations, the amount of changeable copy for all ground signs was increased to 30% as a matter of right, a larger percentage of changeable copy would require a conditional use. Also included is the ability to locate ground signs on a two foot berm or a planter box that is not counted when measuring the height. The amendments proposed and tabled at the October 30, 1995 Workshop for 40 foot pole signs has not changed. These amendments on Page 6 would allow properties along the designated highways to apply for a conditional use permit to allow a maximum 40 foot pole sign with a maximum gross square surface area of 288 square feet. Staff has also proposed language to specifically regulate portable and vehicle signs. Currently, Staff is unable to regulate those signs on a stationary vehicle. The proposed amendments would give the ability to eliminate these types of signs. C. Tree Preservation - The Commission requested Staff at the October 30, 1995 Workshop to draft language for a Tree Preservation Permit to accompany zone change requests and concept plans for plats. The purpose of the proposed language 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 proposed language defines what and when a Tree Preservation Permit and Tree Removal Permit are required to be submitted. A Tree Preservation Permit defines large specimen trees as 8 inches or larger when measured 4.5 feet above the ground level. A Tree Removal Permit defines a specimen tree as 3 inches or greater when measured 4.5 feet above ground level. Both permits require a Tree Replacement Plan and a Tree Protection Plan. Staff also proposed amendments to Section 53, Landscaping Regulations to define the minimum acceptable tree size. Currently, the Landscaping Regulations require trees to be a minimum of height of seven feet. The new definition states the tree to be a minimum size of 3 caliper inches when measured 3 inches above ground and a minimum height of 7 feet. Section 45, Concept Plans and Section 47, Site Plan Review were also amended to require Tree Preservation Permits to be a part of zoning cases or platting. As proposed, an approved Tree Preservation Permit may be amended by City Council by resolution after receiving a recommendation from the Planning and Zoning Commission. This would not require a public hearing to amend the Tree Preservation Permit. D. Neighborhood Day Care Centers in Section 49, Special Use Permits - City Council at the December 19, 1995 meeting requested the Planning and Zoning Commission to propose amendments to the Zoning Ordinance providing an avenue to allow neighborhood day care centers in residential areas. The request is a result of the controversy created by Pam Mueller's zone change request from "R-7.5" Single Family to "R -MF -1 " Multifamily and conditional use permit for a day care facility. Staff has drafted proposed amendments on Page 9 of Section 49, Special Use Permits that would allow a neighborhood day care center in all the residential districts except for "R -MF -1 " and "R -MF -2" Multifamily Districts, "R-20" and "R-12.5" Single Family Districts. The property must front on a designated thoroughfare and have a minimum lot size and minimum lot dimensions. E. Neighborhood Day Care Center Signage in Section 60, Sign Regulations - Staff has proposed language allowing neighborhood day care centers approved with a special use permit to have limited signage capabilities. The signage allowed is the same signage allowed for churches in residential areas. Throughout these amendments the language reflects the revised title of Tommy Hardy from Director of Community Development to Director of Development Services. If you have any questions, please call at 481-0377. SUPPLEMENTARY DISTRICT REGULATIONS DRAFT COPY 01/12/96 1. COMMUNICATION USES: 1. Not withstanding any other provision of this Ordinance the following communication uses shall be regulated and governed by the following use regulations and requirements: DEFINITIONS: For the purpose of this Ordinance, the following words and phrases shall have the meaning ascribed to them as follows with the exception of Chapter 7, Article XII, Grapevine Code of Ordinances: (a) ANTENNA means the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals (includes microwave reflectors/antennas). b%) ANTENNA SUPPORT STRUCTURE means any tower, mast, monopole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television or microwave signal. O 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. 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. 071691 15 Section 42 SUPPLEMENTARY DISTRICT REGULATIONS DRAFT COPY 01/12/96 2. In all residential zoning districts (R-20, R-12.52 R-7.53 R-5.0, R- 3.5, R-3.759 R -MH, R-TH, R -MF -1. R -MF -2, R-MODH) commercial antennas are allowed as a Special Use Permit only when granted in accordance with Section 49. 3. In all non-residential zoning districts (CN, LB, CC, HC, PO, CBD, HCO, GV, PCD, GU,. LI, PID, RA, BP) commercial antennas are allowed as follows: (a) Commercial antenna support structures are allowed by a Special Use Permit in accordance with and pursuant to Section 49 of this Ordinance. All antenna support structures must meet the setback requirements from residential districts. (b A commercial antenna may be attached to an existing utility structure (e.g. 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. Setbacks from residentially zoned property do not apply to antennas attached to utility structures exceeding 75 feet in height. 4. 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. 071691 16 Section 42 SPECIAL USE PERMITS DRAFT COPY 01/18/96 Section 49. Special Use Permits A. PURPOSE. The Special Use Permits procedure is designed to provide the Planning and Zoning Commission and the City Council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for a deleterious impact upon, the health, safety, and welfare of the public, for the purpose of determining whether the proposed location of the use or structure is appropriate and whether it will be designed and located so as to avoid, minimize of mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The discretionary Special Use Permit procedure is designed to enable the Planning and Zoning Commission and the City Council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for a Special Use Permit when it is apparent that a proposed use or structure will or may occasionally harm the community or cause injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure. B. AUTHORIZED SPECIAL USES. The following uses and structures may be established or constructed only upon the issuance of a Special Use Permit in accordance with the provisions of this Section 49. 1. Antenna support structures utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signal such as a towers, mast, monople, tripod, box frame, or other structure in any business residential, commercial or industrial district except as noted in Chapter 7, Article XII, Grapevine Code of Ordinances. 2. Public utility distribution facilities and equipment in any district. 032195 1 Section 49 SPECIAL USE PERMITS DRAFT COPY 01/18/96 3. Microwave reflectors/antennas and receivers and antenna support structures in any district except as noted in Section 42.11.3 of this Ordinance and Chapter 7, Article XII, Grapevine Code of Ordinances. 4. Amusement and video game arcades. 5. Massage establishments. (a) DEFINITIONS: For the purpose of this paragraph, the following words and phrases shall have the meaning respectively ascribed to them by this subsection: MASSAGE ESTABLISHMENT: Shall mean a building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage services or manipulated exercises or practices upon the human body by anyone not a duly licensed physician, osteopath, chiropractor or a registered nurse or licensed vocational nurse acting at the direction of a doctor whether with or without the use of mechanical, therapeutic or bathing devices, and shall include turkish bathhouses. This term shall not include, however, duly licensed beauty parlors and barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such a physician's direction. MASSAGE SERVICES: Means any process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians, osteopaths, chiropractors and registered physical therapists or registered nurses or licensed vocational nurses who treat only patients recommended by a licensed physician and who operate only under such physician's direction. The term "massage service" shall not include massage services authorized by the 032195 2 Section 49 SPECIAL USE PERMITS 0 DRAFT COPY 01/18/96 State of Texas in establishments licensed by the State of Texas in beauty shops and barbershops staffed by licensed barbers and beauticians. (b) Notwithstanding any provision of any Ordinance or any City Code provision currently in effect in the City of Grapevine, the operation of a massage establishment and/or the performing of massage services permitted by the laws of the State of Texas, shall be regulated and governed as provided herein. (c) The operation of a massage establishment and/or the performing of massage services shall be illegal in the City of Grapevine, unless on property zoned specifically for that purpose in accordance with and pursuant to Section 49 of this Ordinance. Retail specialty and novelty establishments. (a) DEFINITIONS: For the purpose of this paragraph, the following words and phrases hall have the meanings respectively ascribed to them by this section: (1) The term "primarily" is defined as gross monthly sales of special novelty items representing more than fifty (50) percent of total sales. (2) The term "specialty and novelty items" is defined as follows: a. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived, as the term "controlled substance" is defined in the state penal code; b. Kits used, intended for use or designed for use in manufacturing, compounding, converting, 032195 3 Section 49 SPECIAL USE PERMITS DRAFT COPY 01/18/96 producing, processing or preparing controlled substances, as the term "controlled substance" is defined in the state penal code; C. Isomerization devices used, intended for use or designed for use in increasing potency of any species of plant which is a controlled substance, as the term "controlled substance" is defined in the state penal code; d. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances, as the term "controlled substance' is defined in the state penal code; e. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances, as the term "controlled substance" is defined in the state penal code; f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances, as the term "controlled substances" is defined in the state penal code; g. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana; 032195 4 Section 49 DRAFT COPY 01/18/96 h. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances, as the term "controlled substances" is defined in the state penal code; i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, as the term "controlled substances" is defined in the state penal code; j. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances, as the term "controlled substances" is defined in the state penal code; k. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances, as the term "controlled substances" is defined in the state penal code, into the human body: 1. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as: i. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; ii. Water pipes; iii. Carburation tubes and devices; 032195 5 Section 49 SPECIAL USE PERMITS DRAIFT COPY 01/18/96 iv. Smoking and carburation masks; V. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; vi. Miniature cocaine spoons and cocaine vials; vii. Chamber pipes; viii. Electric pipes; ix. Air -driven pipes; X. Chillums; xi. Bongs; xii. Ice pipes or chillers; m. Wearing apparel containing obscene pictures or words, such apparel being T-shirts, belt buckles, jewelry or any other wearing apparel; n. Salves, ointments, jells, creams, jellies, lotions and oils advertised for or designed as a sexual stimulus; o. Magazines, books, records, cassettes, pictures, drawings and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumption; p. Incense. 032195 6 Section 49 SPECIAL USE PERMITS 117:7: �i i[K�T�IjIjFIIL'I� (b) COMPLIANCE WITH THIS PARAGRAPH: Notwithstanding any provision of any ordinance or any City Code provision currently in effect in the City of Grapevine, the operation of a specialty and novelty establishment permitted by the laws of the State of Texas, shall be regulated and governed as provided herein. (c) COMPLIANCE WITH ZONING ORDINANCE: The operation of a specialty and novelty establishment shall be illegal in the City of Grapevine, unless on property zoned specially for that purpose in accordance with and pursuant to Section 49 of this Ordinance. 7. Billiard table and coin-operated machines. (a) DEFINITIONS: (1) BILLIARD TABLE: Any table surrounded by a ledge or cushion, with or without pockets, upon which bails are impelled by a stick or cue, and where the player thereon does not or is not required to make a coin deposit causing an electrical connection of any nature or kind before such game may be actually commenced. (2) SKILL OR COIN-OPERATED MACHINES: Means every coin-operated machine of any kind or character whatsoever, when such machine or machines dispense or are used or are capable of being used or operated for amusement or pleasure or when said machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of merchandise, music or service as those terms are defined in Title 122A Taxation, General of the Laws of the State of Texas. The use of eight (8) or more such machines at any one location shall constitute a principal use. 032195 7 Section 49 SPECIAL USE PERMITS DRAFT COPY 01/18/96 (b) Notwithstanding any other provision of this ordinance or of any Ordinances of the City, the commercial use of billiard tables, or the commercial use of eight (8) or more skill or coin- operated machines shall be illegal unless the property is zoned specifically for that purpose in accordance with and pursuant to Section 49 of this Ordinance. 8. Sexually Oriented Businesses. (a) A sexually oriented business shall be permitted use only in Light Industrial Districts and in Planned Industrial Development Districts and only upon the issuance of a Special Use Permit in accordance with and pursuant to the provisions of this Section 49. A sexually oriented business shall not be located within one thousand (1,000) feet of a church, a school, a boundary of a residential district, a public park or the property line of a lot devoted to residential use. (b) A sexually oriented business shall comply with the requirements of Chapter 14, Article V of the City Code and shall be regulated and licensed as provided therein. 9. Helistop. 10. Heliports in the CC, HC, HCO, LI, and GU Zoning Districts. 11. Group Care Homes for the Mentally Retarded, Abused Women, and Physical and Psychiatric Rehabilitation in any district, except for R- 7.5, R-12.5, and R-20 Single Family Districts. Half -way houses or criminal correction facilities shall not be permitted in any district, except as provided for in Section 38, Governmental Use District. 12. 13. Bed and Breakfast facility in any designated Historic Landmark Subdistrict. Gas and oil well drilling and production in any nonresidential district. 032195 8 Section 49 SPECIAL USE PERMITS DRAFT COPY 01/18/96 fal DEFINITION: For the purpose of this paragraph, the following words and phrases shall have the meaning respectively ascribed to them by this section. NEIGHBORHOOD DAY CARE CENTER shall mean a place where children are left for care in the R-7.5, R-5.09 R-3.52 R-3.75, R -MH, R-MODH, and R-TH districts. The lot on which the neighborhood day care center is located must front upon a street designated as a thoroughfare on the Grapevine Thoroughfare Plan. �b The following minimum design requirements shall be required for Neighborhood Day Care Centers permitted as a Special Use. Lots for Neighborhood Day Care Centers permitted as a special use shall have a minimum lot area of one (1) acre. M Width of lot, feet - 150. Depth of lot, feet - 175. (44,) A landscape plan, meeting the requirements of Section 53. Required front yards shall be landscaped with grass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access, driveways, and sidewalks in accordance with Section 53 of this ordinance. Garbage storage shall be screened on all four sides by a solid wooden or masonry fence and located on a 032195 9 Section 49 SPECIAL USE PERMITS DRAFT COPY 01/18/96 concrete pad not less than fifty (50) feet to any adjoining property. C. APPLICATION. An application for a Special Use Permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the special use permit is sought shall be accompanied by evidence of the consent of the owner. D. CONTENTS OF APPLICATION. An application for a Special Use Permit shall be filed in duplieate with the Director of Publ a �"'o-'�� Development rtivri�n�-vra� Services, or such other official as he may designate, who shall forward without delay one eepy to the seeretary of the Planning and Zo i - C-efflfflissie The application shall contain the following information as well as such additional information as may be prescribed by rule of the Commission or the Director of Publie We Development Services. 1. The applicant's name and address and his interest in the subject property; 2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application; 3. The street address and legal description of the property; 4. The zoning classification and present use of the subject property; . 5. A description of the proposed special use; 6. An application for site plan approval, as required and defined in Section 47 of this Ordinance; 7. A statement as to why the proposed special use will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood; 032195 10 Section 49 SPECIAL USE PERMITS DRArr COPY 01/18/96 8. A statement as to how the proposed Special Use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected; 9. An identification of any potentially adverse effects that may be associated with the proposed Special Use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects. E. HEARING ON SPECIAL USE PERMIT APPLICATION. A public hearing on an application for a Special Use permit shall be held and notice thereof given in the manner and form required for amendments as set out in Section 67 of this Ordinance. F. In considering an application for a Special Use Permit, the Planning and Zoning Commission, and the City Council shall take into consideration the following factors: 1. Whether the proposed special use will adversely affect the safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site; 2. Whether the proposed Special Use will adequately provide for safety from fire hazards, and have effective measure of fire control; 3. Whether the proposed Special Use will adequately protect adjacent property from flood or water damage; 4. Whether the proposed Special Use will have noise producing elements; 5. Whether the glare of vehicular and stationary lights will effect the established character of the neighborhood; 032195 11 Section 49 SPECIAL USE PERMITS DRAFT COPY 01/18/96 6. Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site; 7. Whether such signs will have an adverse effect on adjacent properties; 8. Whether the street size and pavement width in the vicinity will be adequate for traffic reasonably expected to be generated by the proposed use; 9. Whether the proposed Special Use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare; 10. Whether the proposed Special Use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed Special Use will so dominate the immediate neighborhood, consideration shall be given to: (a) The location, nature and height of buildings, structures, walls, and fences on the site; and (b) The nature and extent of landscaping and screening on the site. 11. Whether the proposed Special Use otherwise complies with all applicable regulations of this Ordinance, including lot size requirements, bulk regulations, use limitations, and performance standards; 12. Whether the proposed Special Use at the specified location will contribute to or promote the welfare or convenience of the public; 032195 12 Section 49 SPECIAL USE PERMITS DRAYr COPY 01/18/96 13. Whether off-street parking and loading areas will be provided in accordance with the standards set out in Sections 56 and 57 of this Ordinance, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect; 14. Whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys; 15. Whether the proposed Special Use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; 16. Whether the proposed Special Use will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance. 17. Whether the Director of C-eenfnanity Development Services has approved the detailed landscaping plan as having met the provisions of Section 53. G. CONDITIONS AND RESTRICTIONS. In considering a Special Use permit application, the Planning and Zoning Commission may recommend, and the City Council may impose such conditions, safeguards and restrictions upon the premises benefitted by the special use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Ordinance. Such conditions shall be set out in the Ordinance approving the Special Use Permit. H. AFFIDAVIT OF COMPLIANCE WITH CONDITIONS. Whenever any Special Use Permit authorized pursuant to this section is made subject to conditions to be met by the applicant, the applicant shall, upon meeting such 032195 13 Section 49 SPECIAL USE PERMITS DRAFT COPY 01/18/96 conditions, file an affidavit with the Director of Goinwednity Development Services so stating. I. EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIAL USE. The issuance of a permit for a Special Use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the Codes and Ordinances of the City, including, but not limited to, a Building Permit, a Certificate of Occupancy and subdivision approval. J. PERIOD OF VALIDITY. No Special Use Permit shall be valid for a period longer than one (1) year from the date on which the City Council grants the Special Use, unless within such one (1) year period: (1) a building permit is obtained and the erection or alteration of a structure is started, or (2) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one (1) year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a Special Use Permit. 032195 14 Section 49 SIGN REGULATIONS Section 60. Sign Standards Signs are recognized as a significant and specific use of land for the purpose of protection of places and areas of historical and cultural importance; to increase safety and lessen congestion in the streets; to conserve the value of buildings; to preserve residential values; and to encourage the most appropriate use of land, standards are herein provided for the installation of signs. No sign shall be erected, placed, or located except in accordance with the following standards: A. SIGN PERMITS. No sign, except for signs listed in Section 60, shall be painted, constructed, erected, remodeled, relocated, or expanded until a zoning permit for such sign has been obtained in accordance with the procedure set out in this Ordinance. No zoning permit for any sign shall be issued unless the sign complies with the regulations of this Section 60. It shall be unlawful for the owner of any property, or any other person, firm, or entity to place, allow to be placed, maintain or allow to be maintained, portable commercial billboards or on-site business signs in the City. Any portable sign for which a current and valid permit has been issued shall be allowed until the expiration of the permit. No signs shall be permitted except as specified in this Section 60. B. CLASSIFICATION OF SIGNS. 1. Functional Types. a. NAMEPLATE SIGNS. A permanent sign affixed to the exterior wall of a building, giving the name and/or address of the owner or occupant of a building or premises in which it is located, and, where applicable, a professional status. b. ON -PREMISE SIGNS. A permanent sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered, on the premises where the sign is located or to which it is affixed. 022195 1 Section 60 SIGN REGULATIONS 2. C. DEVELOPMENT SIGNS. A temporary sign identifying the developing tract of land on which it is located. In residential districts, said sign shall be removed after four (4) years, or when ninety (90) percent of the lots are sold, whichever occurs first. In all other zoning districts, said sign shall be removed after three (3) years, or when seventy (70) percent of the lots are developed, or whichever occurs first. d. CONSTRUCTION SIGNS. A temporary sign containing the names of architects, engineers, landscape architects, contractors, and similar artisans involved in the design and construction of a structure or project. This temporary sign may be located only on the premises on which the construction is taking place and only during the period when construction is taking place. Said sign shall be removed prior to the issuance of the first Certificate of Occupancy. e. REAL ESTATE SIGNS. A temporary sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon. Said sign shall be removed upon the sale or lease of the property. f. POLITICAL SIGNS. A temporary sign meeting the requirements of Chapter 20, Article II, Division 3 of the Grapevine Code of Ordinances. g. SUBDIVISION SIGNS. A sign identifying a subdivision on which it is located. The subdivision sign shall not be located in any right-of-way or easement in the subdivision. Structural Types. a. AWNING, CANOPY AND MARQUEE SIGNS. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Ordinance. No 022195 2 Section 60 SIGN REGULATIONS DRAFT COPY 01/18/96 such sign shall project above, below, or beyond the physical dimensions of the awning, canopy or marquee. b. GROUND SIGNS. Ally A sign,, permanently placed upon, or supported by; the ground independently of the principal building or structure on the property, the top edge ef whieh sign is no more than six ( feet above ground 1. The height of the sign, including the base shall be measured from ground level. A ground sign shall be solid from the ground up; pole(s) or supports shall be concealed. Ground signs may be located on a two (2) foot high berm or planter box. All G7ground signs must conform to the following regulations: (1) Sign support shall be masonry, non -decaying wood, or structural steel tubing. (2) Sign face shall be non -decaying wood, or flat, clear acrylic sheet with all copy and background sprayed on second surface with acrylic colors. (a) Ground Signs in R-20. R-12.5, R-7.5, R-5.0, R- 3.50 R-3.75, R -MH, R-TH, R -MF -1, R -MF -2} R-MODH PRD -6 and PRD -12 (3-} i. Maximum gross surface area: Sixty (60) square feet. ii. Maximum sign height: Six 6) feet. 022195 3 Section 60 SIGN REGULATIONS DRAFT COPY 01/18/96 iii. Changeable Copy: Thirty (30) Dercent. The percentage of changeable copy may be increased provided a conditional use permit is issued in a accordance with section 48 of this Ordinance. (S)bf Ground Signs in the BP Business Park District: i. Maximum sign height: Ten (10) feet ii. Maximum gross surface area: Two hundred (200) square feet. iii. Changeable Copy: Twenty (20) Thirty_(30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. O Ground Signs In All Other Non -Residential Districts i. Maximum sign height: Ten (10) feet. ii. Maximum gross surface area: One hundred (100) square feet. iii. Changeable Copy: Thirty (30) percent. The percentage of changeable copy may be increased provided a conditional use permit is issued in accordance with Section 48 of this Ordinance. 022195 4 Section 60 SIGN REGULATIONS DRAFT COPY 01/18/96 C. POLE SIGNS. A sign that is mounted on a freestanding pole, conforming to the following regulations: 1. Engineering Regulations. All pole signs shall be designed in accordance with Chapter 23 of the Grapevine Building Code. All plans and specifications shall be prepared by a professional engineer. Wind pressure design for signs shall be twenty (20) pounds per square foot for signs less than thirty (30) feet in height and twenty-five (25) pounds per square foot for signs thirty (30) feet to forty (40) feet in height. 2. Sign Cabinet. Paint grip sheet metal on angle iron frame with angle retaining rim to secure sign face or other materials approved by the Director of Community Development. 3. Sign Cabinet Minimum Gross Surface Area. Thirty (30) square feet. 4. Maximum Sign Cabinet Dimensions and Maximum Gross Surface Area. The maximum gross surface of the sign cabinet shall be one hundred eight (108) square feet with a maximum cabinet width of twelve (12) feet, a maximum cabinet height of twelve (12) feet and a maximum cabinet depth of fourteen (14) inches. 5. Sign Face. Flat, clear acrylic sheet, or other material approved by the Director of Community Development; all copy and background sprayed on second surface with acrylic colors. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. Neon tubing on solid background. 6. Changeable Copy. Thirty (30) percent of the gross surface area of the sign face may have changeable copy. All explanatory text related to the changeable copy shall 022195 5 Section 60 SIGN REGULATIONS DRAFT COPY 01/18/96 be calculated as a part of the thirty (30) percent gross surface area. 7. Sign Finish. Degrease, prime, and finish coat all exposed metal surfaces as required. 8. Sign Support Color. Painted surfaces are to match architecturally with the main structure on the lot. 9. External Illumination. Neon tubing on a solid background is allowed. 10. Internal Illumination. Internal illumination provided by fluorescent lamps spaced no further than twelve (12) inches on center. 11. Overall Sign Height. All signs to be twenty (20) feet in height. 12. Pole Sign Conditional Uses. The following Conditional Uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued: A sign face with changeable copy exceeding thirty (30) percent of the gross surface area of the sign face. brimmed Cormmer"'Centers Pole signs located adjacent to Highway 121, Highway 360, and Highway 114 (excluding Business 114), and F.M. 2499 may have a pole sem be a minimum of twenty (20) feet in height up to forty (40) feet in height. For pole signs exceeding twenty (20) feet in height, the sign cabinet dimensional requirements shall be a maximum of thirty-six (36) inches in depth and a maximum gross surface area of two hundred eighty-eight (288) square feet. There shall be no minimum or maximum cabinet width or height regulations for signs approved with a conditional use exceeding twenty (20) feet in height. 022195 6 Section 60 SIGN REGULATIONS DRAFT COPY 01/18/96 d. PROJECTING SIGNS. A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building, but less than forty- eight (48) inches. e. ROOF SIGNS. A sign fastened to or resting on the roof of a structure. f. WALL SIGNS. A sign fastened to or painted on a wall of a building or structure in such a manner than the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such building. g. PORTABLE COMMERCIAL BILLBOARDS. Any sign which is supported by the ground but not attached to the ground, or other object which is used primarily to advertise to the general public for commercial purposes; is of a temporary nature; is not directly connected to or in relation to or in close proximity to a business, church, development or other establishment that is being advertised. h. PORTABLE ON-SITE BUSINESS SIGNS. Any sign supported by the ground but not attached to the ground or other object, which is of a temporary nature, and is used for advertising purposes connected to, adjacent to or in close proximity of the business, church, development or other establishment that is being advertised. i. PORTABLE SANDWICH BOARD. A portable sign, consisting of two panels of equal size, made of painted, decay resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self supporting. Portable Sandwich Boards must conform to the following regulations: (1) Maximum sign height shall be three (3) feet. (2) Maximum sign width shall be two (2) feet. 022195 7 Section 60 SIGN REGULATIONS 11' •' 1 9•• (3) Signs shall not be placed in front of adjoining property. No portion of the sign shall extend more than three (3) feet from the building face. (4) A minimum clear sidewalk width of forty-eight (48) inches shall be maintained. (5) Chalkboards may be used for daily changing messages. No changeable letters on tracks may be used. (6) Sign must be removed after business hours. j . HISTORIC WALL SIGN. A sign painted directly on a building existing as of October 18, 1994, which is a restoration of or an exact replica of a sign advertising a historic former premise or a product. A replica sign must be documented as a historic sign known to have previously existed on a building in Grapevine. C. GENERAL STANDARDS. 1. GROSS SURFACE AREA OF SIGNS. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. Such perimeter shall not include any structural elements lying outside the limits of such sign which do not form any integral part of the display. The gross area of a sign shall be measured on only one side of a sign. When two (2) or more signs are located on a zoning lot, the gross surface area of all signs on the lot shall not exceed the maximum gross surface area per street frontage set by the applicable district regulations, except as is provided by Section 60.C.8. For computing the area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters. 2. HEIGHT OF SIGNS. Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign. 022195 8 Section 60 SIGN REGULATIONS DRAFT COPY 01/18/96 3. BUILDING AND ELECTRICAL CODES APPLICABLE. All signs must conform to the regulations and design standards of the Building Code and other Ordinances of the City of Grapevine. 4. ILLUMINATES SIGNS. Signs shall be shaded wherever necessary to avoid casting a bright light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. 5. FLASHING OR MOVING SIGNS. No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted. A sign on which the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time, temperature, or message and do not change more frequently than every fifteen (15) seconds. 6. ACCESSWAY OR WINDOW. No sign shall block any required accessway or window. 7. SIGNS ON TREES OR UTILITY POLES. No sign shall be attached to a tree, utility pole, or fence post whether on public or private property. 8. CORNER AND THROUGH LOTS. On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage. On corner and through lots, restrictions that are phrased in terms of "signs per zoning lot" shall be deemed to permit the allowable number of signs facing each street or highway that abuts the lot. 022195 9 Section 60 SIGN REGULATIONS 9. METAL SIGNS. a. Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of at least nine (9) feet. Accessory lighting fixtures attached to a nonmetal frame sign shall maintain a clearance of at least nine (9) feet to ground. b. No metal ground shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected. 10. PERMITTED POLE AND GROUND SIGNS. In all districts where pole and ground signs are permitted, only one of the two (2) structural types shall be permitted per lot. More than one ground sign may be permitted for Planned Commercial Centers provided they meet the provisions of Section 48, and a Conditional Use Permit is issued. 11. Whenever a sign is damaged by wind, is inadequately maintained, the construction is faulty, or it is damaged by any other cause, it shall be declared a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the Director of Community Development, or at the owner's election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other material on the sign. For purposes of this Section 60, a sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location. 022195 10 Section 60 SIGN REGULATIONS DRAFT COPY 01/18/96 12. Planned Commercial Centers are defined as having a five (5) acre minimum size with a combination of retail stores, offices, personal service establishments and similar uses. 13. PORTABLE AND VEHICLE SIGNS. a. It shall he unlawful to attach any sign to or upon aW vehicle, trailer, skid or similar mobile structure where the primary use is to provide a base for such sign or constitute the sign itself. Such signs attached to or upon any vehicle or mobile structure shall be prohibited where any such vehicle is allowed to remain parked along a right-of-way in the same location, or in the same vicinjiL at frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising establishments, services or products. b. It shall be a defense to prosecution under this section if the owner of the vehicle can show through a log or other documentation made contemporaneously with the vehicle usage that the primary use of the vehicle is for delivery of the goods or services identified on the vehicle, or other bona fide business transportation. Primary use shall mean more than 50% of the total house such vehicle is in use. C. Exceptions: 1. Vehicle identification signs attached to or painted upon a vehicle used for delivery or bona fide business transportation. 2. Political signs in or upon a motor vehicle when not illuminated. 022195 11 Section 60 SIGN REGULATIONS 0 E. TRAFFIC SAFETY. DRAFT COPY 01/18/96 1. No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control -sign, signal or device, or where it may interfere with, mislead or confuse traffic. 2. No sign shall be located in any vision triangle formed by the center lines of any two (2) intersecting streets. At any intersection where at least one of the intersecting streets is an arterial street (as defined in the Thoroughfare Plan of the City of Grapevine) the sides of the triangle formed by the center lines of the intersecting streets shall be one hundred -twenty (120) feet in length as measure outward from the point of intersection of such center lines along such center lines. At all other intersections, each of such sides shall be eighty (80) feet in length. EXEMPTION. 1. The following signs shall be exempt from the requirements of this section: (a) Flags, or emblems of a government or of a political, civic, philanthropic, educational or religious organization, when displayed on private property. (b) Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory sings having to do with health, hazards, parking, swimming, dumping, etc. (c) Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. 022195 12 Section 60 SIGN REGULATIONS DRAFT COPY 01/18/96 (d) Small signs, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restroom, freight entrances, and the like, (shall) conform to the following regulation: (1) The maximum height of the sign shall be forty-two (42) inches. (2) A company logo or name shall not exceed ten percent (10%) of the sign. (3) Directional signs, i.e., enter, exit, drive-through, shall have an arrow indicating the direction of travel. (4) The maximum gross surface of the sign cabinet shall be five (5) square feet. (e) Scoreboards in athletic stadiums. (f) Temporary political signs regulated by Chapter 20, Article II, Division 3, of the Grapevine Code of Ordinances. (g) Signs in the right-of-way regulated by Chapter 20, Article I, Section 20-17.1 of the Grapevine Code of Ordinances. (h) Permission is granted as a special privilege to any business in a properly zoned area to display flags, banners and balloons for a period not exceeding two (2) weeks in any quarter of a calendar year in connection with special sales being conducted by said business. Such signs and their placement must be approved by the Director of Community Development. Such flags, banners and balloons may be erected and maintained only during such two (2) week period. Flags, banners and balloons which advertise a business's grand opening may be displayed for a extended period not to exceed thirty (30) days within sixty (60) days of the issuance of a Certificate of Occupancy for a new business. Flags, banners and balloons which advertise a business going out of business may extend the two week period not to exceed thirty days. A permit shall be required. 022195 13 Section 60 SIGN REGULATIONS DRAFT COPY 01/18/96 (i)° Permission may be granted by the Director of Community Development as a special privilege to civic organizations and other nonprofit organizations to erect signs promoting special events or activities at the locations and times, and under the conditions specified by the Director of Community Development. A permit shall be required. (j) On -premises signs for hospitals as defined in Section 12.A.196 of this Ordinance. 2. The following signs are exempt from the zoning permit requirement of Section 60.A., but shall comply with all of the other regulations imposed by this section: (a) Nameplate signs not exceeding two (2) square feet in gross surface area accessory to a single-family or two-family dwelling. (b) Nameplate signs not exceeding fifteen (15) square feet in gross surface area accessory to a multiple -family dwelling. (c) On -premises signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises. 022195 14 Section 60 TREE PRESERVATION DRAFT COPY 01/19/96 Section 52. Tree Preservation A. PURPOSE. The purposes of this section are 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: Any self-supporting woody perennial plant which has a trunk diameter 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, 031787 1 Section 52 TREE PRESERVATION DRAFT COPY 01/19/96 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 oak. 7. 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. 1. A Tree Preservation Permit shall be required and auaroved in connection with a request for a zone change, a 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 Tree Removal Permit shall be required when trees are requested to be removed. No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through 031787 2 Section 52 TREE PRESERVATION DRAY1r COPY 01/19/96 damaging, any tree, specimen tree or historic tree situated on property described above without first obtaining a Tree Removal Permit unless the conditions of Section 52.G.1 and 52.G.2 apply. A Permit submitted for approval by the Planning and Zoning Commission shall be prepared by registered landscape architect, registered architect, registered engineer or registered surveyor. A permit submitted for approval by Development Services Staff do 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 on the lot. 4. Location and dimensions of visibility triangles on the lot. 5. Survey locating trees on the site to remain that are 8 inches or greater when measured at a point four and one-half (4-1/2) feet above the ground level. Trees to remain shall be designated by a circle. 6. Survey locating trees on the site to be removed that are 8 inches or greater when measured at a point four and one-half (4-1/2) feet 031787 Section 52 DRAFT COPY 01/19/96 above the ground level. 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. Tree Replacement Plan: The plan shall exhibit the location of proposed trees 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. O No replacement tree may be planted within a visibilitX 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 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. EF.. APPLICATION ICA TION 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 to the Director of Gemmunivy 031787 9 Section 52 DRAFT COPY 01/19/96 Development Services. The application shall be accompanied by a preliminary plat showing the exact location, size (trunk diameter and height) 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 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. Existing and pfepesed site elevations, grades and majef eenteufs. 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. The laeation of trees on the site to be removed, or replaeed. Location of existing and proposed utility easements on the lot. 5. on the plan and shall inelude the reason for the proposed removal,—.Or replaeement. Location and dimensions of visibility triangles riangles on the lot. :e struetures, and landseaping or natural growth ineidental thereto-. Survey locating trees on the site to remain that are three (3) inches or greater when measured at a point four and one-half (4- 1/2) feet above the ground level. Trees to remain shall be designated by a circle 031787 5 Section 52 DRAFT COPY 01/19/96 Aerial phategaphs, at an appropriate > may be substituted, at if adequate site information is supplied on the aefial phatogfaph-,9--. Survey locating trees on the site to be removed that are three (3) inches or greater when measured at point four and one-half (4- 1/2) feet above the ground level. 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. 10. Tree Reulacement Plan: The Dian shall exhibit the location of proposed trees 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 visibil4 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 inches when measured at six (6) inches above ground level. 0c.� 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. 11. Tree Protection Plan: The plan shall describe how existing healthy trees proposed to be retained will be protected from damage during construction. EG. APPLICATION REVIEW. Upon receipt of a proper application, the 031787 Section 52 DRAFIP COPY 01/19/96 Planning and Zoning Commission shall review the application for new subdivisions and for platted lots, the Director of Ceimmunity 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. H -the appheation is made in eonjunetion with a Site P4an submitted for approvel-, the appheation will be eonsidefed as part of the site plan, and no per shall be issued without Site Plan appfoval. 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 Community Development Services as appropriate, in accordance with the provisions of this chapter. GH. TREE REMOVAL: 1. No tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist: 031787 (a) The tree is located in a utility or drainage easement or public street right-of-way as recorded on a plat approved by the City Council. 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. The Director of Gomnwnity Development Services may approve selected removal under this condition. (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 cutting of trees on a property prior to the issuance of a building permit. h Section 52 DRAFT COPY 01/19/96 Development Services Staff may approve the removal of trees that interfere with the construction of a building and/or the drainage of a lot. 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. I-II. REPLACEMENT. In the event that it is necessary to remove tree(s) outside the buildable area, the developer, as condition to issuance of a tree removal permit, may be required to replace the tree(s) being removed with comparable trees somewhere within the site. 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 Eommity Development Services as approved by the Planning and Zoning Commission from the recommendations of the County Extension Service. At the time of application review, the person responsible for replacement, time of replacement and location will be determined by the Planning and Zoning Commission . TREE PROTECTION. During any construction or land development, the developer shall clearly 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, debris or fill to be placed within the drip line of any tree. During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of 031787 '3 Section 52 DRAFT COPY 01/19/96 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 tree or groups of tree to remain. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree. JK. 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 Cemmn-ity 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. ISL. EXEMPTION. This Ordinance shall not apply to any development which has received final plat approval prior to the effective date of this Ordinance. A permit shall not be required for a builder to satisfy final grading standards of the Building Code of the City of Grapevine. 031787 E Section 52 DRAFT COPY 12/29/95 LANDSCPAINGGULATIONS G. GENERAL STANDARDS: The following criteria and standards shall apply to landscape materials and installation. 1. QUALITY: Plant materials used in conformance with the provisions of this Ordinance shall conform to the standards of the American Standard For Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. 2. TREES: Trees referred to in this Section shall be of a species common to this area of Texas and shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) feet crown of spread. Trees shall be a minimum of three (3 cd' x inches when measured three (3) inches above ground and seven (7) feet in height at time of planting. 3. SHRUBS & HEDGES: Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one (1) year after time of planting. 4. VINES: Vines shall be a minimum of two (2) feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. 5. GROUND COVER: Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. 6. LAWN GRASS: Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales, berms, or other areas subject to erosion. 112189 11 Section 53 DRAFr COPY 01/18/96 CONCEPT PLAN Section 45. Concept Plans A. PURPOSE. The Concept Plan is intended to provide the Planning and Zoning Commission and the City Council with the information and data that is necessary to assess the merits of requests for rezoning. B. WHEN REQUIRED. Approval of a Concept Plan shall be required in connection with a request for rezoning of any specific parcel of land when requesting zoning for the following zoning districts: R-3.5, R-3.75, R-5.0, R -MF -1, R -MF -2, R-TH, R -MH, R-MODH, P -O, C -N, C -C, CBD, G -V, HCO, HC, LB, LI, or when a plat, (preliminary, final or replat) is filed unless one has been approved with a zone change request. C. CONTENT OF CONCEPT PLAN. A Concept Plan shall include all of the following information in graphic representation or written document as appropriate, and shall be prepared by a registered architect, registered engineer or registered surveyor. 1. Legal description and a survey or plat certified by a registered land surveyor, showing date, scale, north point, property boundary lines, dimensions and easements. 2. Applicant's name and address and their legal interest in the subject property. 3. Owner's name and address, if different from applicant, with owner's signed consent to the filing of the application. 4. Zoning classification and present use of subject property. 5. Land use designation as contained in the Comprehensive Master Plan. 6. Conceptual representation of proposed use. 7. Conceptual representation of vehicular circulation within the subject site. 101993 1 Section 45 DRAFT COPY 01/18/96 8. Conceptual representation of points of connection to the public right- of-way. 9. Computation of proposed number of dwelling units and the total acreage for residential use and the approximate square footage of building, by type, for non-residential use. 10. Conceptual landscaping and buffer plan. 11. Description of how essential public services, including water, sewer, drainage and solid waste, will be provided. 12. Description of any proposed grading, regrading or fill that is proposed on the subject site. 13. Maximum number of parking spaces. 14. Other information the applicant and/or owner might wish to include. 15. The names, addresses and telephone numbers of all professional consultants, if any, advising the applicant with respect to the proposed rezoning. 16. Street address (or common description) of the property. 17. A graphic rendering of the existing site conditions, which depicts all significant natural, topographical and physical features of the subject property including contours; location and extent of tree cover; location and extent of water courses, marshes and flood plains on the subject property; and existing drainage patterns. 18. Vicinity map indicating the area in which the property is located. 101993 2 Section 45 DRAFT' COPY 01/18/96 r r � 19. Submit a Tree Preservation Permit as required in Section 52.D.1. The Tree Preservation Permit shall be in accordance with Section 52.E. An approved Tree Preservation Permit may be amended by City Council after receiving a recommendation from the Planning and Zoning Commission Each applicant shall file one (1) mylar and two (2) blueline copies of all conceptual or graphical representations required herein, in a size sufficient to clearly show all information required, and a copy reduced to 8 1/2 11" X 44 17", and two (2) other necessary copies of written documents. D. EFFECT OF CONCEPT PLAN. All subsequent site plans shall conform to the Concept Plan approved with the zoning application or plat. 101993 3 Section 45 DRAFT COPY 01/18/96 SITE PLAN REVIEW Section 47. Site Plan Review A. APPLICABILITY. Site Plans, prepared and approved in accordance with the provisions of this section, shall be required to assist the Gemmunity Development Services Department in the review of certain applications for building permits, to assure compliance with all applicable requirements and standards of this Ordinance, and in such other instances as may be required by the terms of this Ordinance. Whenever a Site Plan is required by this Section, or any other provision of this Ordinance, the City shall not issue any building permit until a Site Plan, which is in compliance with the applicable zoning district regulations, is approved. B. AUTHORITY. 1. The Director of Community Development Services shall, subject to the procedures, standards, and limitations hereinafter set forth, review and approve site plans for those uses listed under Section 47. C.1 -C.5 of this Ordinance. 2. Any Site Plan that is required by Section 47.C.6 of this Ordinance shall not be approved until: a. The Director of Gomamnity Development Services has reviewed the Site Plan and made a report to the Planning and Zoning Commission, with respect to whether the plan complies with codes and ordinances of the City; b. The Planning and Zoning Commission has received the Site Plan and made a recommendation to the City Council with respect to whether the Site Plan is in substantial conformity with the approved Master Development Plan for this property; and C. The City Council has reviewed and approved the Site Plan as being in substantial conformity with the approved Master Development Plan. 071990 1 Section 47 DRAFT COPY 01/18/96 SITE PLAN REVIEW 3. Any Site Plan that is required by Section 48 of this Ordinance shall not be approved until a Conditional Use Permit has been authorized by the City Council. C. DEVELOPMENT AND USES REQUIRING A SITE PLAN. Site Plan review and approval, in accordance with the provisions of this section, shall be required for the following developments and uses. 1. Any permitted accessory, or Conditional Use in the following residential districts: R-3.5, R-3.75, R-TH, R -MF -1, R -MF -2. 2. Any permitted, accessory, or Conditional Use in the following commercial districts: LB, CN, CC, HC, PO, and HCO. 3. Any permitted, accessory, or conditional use in the following industrial districts: LI. 4. Any development or redevelopment within the Airport Noise Overlay Districts. 5. All permitted, accessory, and conditional uses in the Governmental Use (GU) District. 6. All development in the PRD -6, PRD -12, PCD, and PID districts except single family detached dwellings and their related accessory uses and structures. Any site plan issued in connection with a planned development district must be in conformance with the approved Master Development Plan for that district. D. EXEMPT DEVELOPMENT. The following activities and uses shall not require compliance with this section unless otherwise required by this Ordinance. 1. Construction of a single family detached dwelling on an existing or platted single family lot. 071990 2 Section 47 DRAFT COPY 01/18/96 SITE PLAN REVIEW 2. Construction of any permitted accessory use to a single family dwelling on an existing or planned single family lot. 3. Deposit and contouring of fill on land, provided other regulations of the City of Grapevine are met. 4. Additions to any buildings or use, legally existing at the date of this Ordinance, when such addition does not exceed two hundred (200) square feet or one-third (1/3) of the gross floor area of the existing building or use, whichever is greater. 5. Any permitted use of a temporary nature for a period not to exceed one (1) year. E. CONTENTS OF SITE PLAN APPLICATION. 1. Whenever a Site Plan is required under subsection C, the application for Site Plan approval shall include the following information and material: (a) Site Plan Application: (1) The applicant's name and address and his legal interest in the subject property. (2) The owner's name and address, if different from the applicant, with the owner's signed consent to the filing of the application. (3) Street address and legal description or a metes and bounds of the property on an 8.5" X 11" sheet of paper. (4) The zoning classification and present use of the subject property. (5) The general description of the proposed use or uses for the proposed development. 071990 3 Section 47 DRAFT COPY 01/18/96 (6) A copy of the final plat or replat of the approved subdivision by City Council showing property boundary lines and dimensions; and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property. (7) If the property is subject to a Master Development Plan a statement showing that the proposed use substantially conforms to the Master Development Plan. (a) SITE PLAN REQUIREMENTS: (1) All site plans submitted in conjunction with a Conditional Use, Section 48 or a Special Use, Section 49 shall be drawn by a Registered Surveyor, Registered Architect, or Registered Engineer. (2) The site plan shall include the name of the site pian, submittal date, case numbers(s), scale, north point, name of owners, and name of person preparing the site plan, consecutive sheet numbers and a vicinity map. (3) Location of existing boundary lines and dimensions of the tract. (4) Any proposed grading or regrading of the subject property; any significant natural, topographical or physical features of the property, including, at least, existing soil conditions, water courses, marshes, trees in excess of four (4) inches in diameter, rock outcroppings and existing contours in excess of two (2) feet in one hundred (100) feet. (5) Locate center line of existing water courses, drainage features and flooding and drainage easements. (6) Map(s) showing the location, dimension, use and arrangement of all proposed buildings and computations in a chart form showing the amount required and provided: height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, and number and size of dwelling units, and number 071990 4 Section 47 DRAFT COPY 01/18/96 of bedrooms, in residential uses, and building separations. (7) Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure. (8) Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways, driveways entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including type of surface material, slope and gradient of vehicular elements; and total lot coverage of all circulation elements, divided between vehicular and pedestrian ways. (9) Location and size of existing and proposed streets and alleys with location of all street medians and intersections adjacent to the area of request. (10) Copy of Permit to Construct Access Driveway Facilities on Highway Right of Way issued by the Texas State Department of Highways and public Transportation. (11) The location and size of existing and proposed water and sewer public utilities on and adjacent to the site and fire hydrant locations. (12) All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing size and dimensions of flow. (13) Location, size and arrangement of all outdoor signs and the location and intensity of all outdoor lighting and exterior auditory speakers. (14) Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening. (15) Final elevations of proposed structures with the type or kind of building materials used. Calculations of the, percentage of masonry of the entire structure. (16) Location, designation and total area of all usable open space. (17) A detailed landscaping plan meeting the provisions of 071990 5 Section 47 DRAFT COPY 01/18/96 Section 53 of this Ordinance. (18) A soil erosion control plan for the period during which construction will be taking place. (19) In the case of any use requiring a Special Use Permit, any information necessary to demonstrate compliance with all conditions imposed on the proposed special permit use by this Ordinance. (20) Any other information that may be required by the Director of Coity Development Services to determine that the application is in compliance with the Codes and Ordinances of the City. (21) Parking for disabled persons should be designated according to Chapter 23, Section 23-64 through 23-69 of the Code of Ordinances. (22) Designate all refuse storage areas according to Section 50.13.3. (23) A letter from the Public Works Department accepting all subdivision improvements (i.e., drainage, sewage, utilities and street improvements). 2244,) In the case of any use requiring a Conditional Use Permit or a Special Use Permit a Tree Preservation Permit shall be required to be submitted in accordance with Section 52.E.1. An approved Tree Preservation Permit may be amended by City Council by resolution after a recommendation from the Planning and Zoning Commission. 2. Whenever a Conditional Use Permit is required pursuant to Section 48, the following additional information shall be submitted, subject to the provisions of Subsection F. (a) All final environmental assessments and environmental i impact statements for the proposed building, structure, use, development or activity if either or both are required pursuant to state or federal law, including but not limited to the National Environmental Policy Act (as amended); 071990 6 Section 47 DRAFT COPY 01/18/96 SITE PLAN REVIEW (b) Copies of all studies or analysis upon which have been based projections relied upon by the applicant of the need or demand for the proposed building, structure, use, development or activity, together with copies of all studies or analyses upon which the applicant has relied in selecting a location for the proposed building, structure, use, development or activity over alternatives thereto; (c) A description of the present use, assessed value and actual land value of land which will be used or adversely impacted by the proposed building, structure, use, development or activity and by each alternative thereto considered by the applicant, together with a description of the expected future use of all such land, including all long-term plans and master plans for the future use or development of the applicant affecting such land; (d) A description of the applicant's ability to obtain needed easements (including but not limited to those necessary for drainage, waste disposal, utilities, and avigation) for the proposed building, structure, use, development or activity and for each alternative thereto considered by the applicant; (e) A description of the feasibility and costs of any necessary removals of or modifications to residential, commercial and public structures in connection with the proposed building, structure, use, development or activity and with each alternative thereto considered by the applicant; (f) A description of all special construction requirements for the proposed building, structure, use, development or activity and for each alternative thereto considered by the applicant, including descriptions of special geologic features and availability of special materials needed for construction; (g) A description of the effect on airport access and egress of the proposed building, structure, use, development or activity and of each alternative thereto considered by the applicant, including projections of future ground traffic, traffic impact surveys, descriptions of existing access and egress routes, descriptions of necessary or proposed expansions or enlargements of routes and parking areas; 071990 7 Section 47 DRAB COPY 01/18/96 F. W-110WKWAI (h) If the proposed use or activity will result in increased noise levels, a description of the noise levels expected to be generated by or in conjunction with the proposed building, structure, use, development or activity upon commencement of operations and during each fifty year thereafter over the projected life of such building, structure, use, development or activity, including (1) maps showing projected 55, 60, 65, 70 and 75 Ldn noise contours and (2) hourly data showing the projected geographical distribution and duration of any single noise events in excess of 655 75, 85 and 95db; (i) Copies all studies undertaken or considered by any local, state or federal agency in connection with the proposed building, structure, use, development or activity and each alternative thereto considered by the applicant. WAIVER OF APPLICATION REQUIREMENTS. 1. The City Council, upon recommendation by the City Planning and Zoning Commission, may waive any part of the application requirements imposed by Subsection E.2 upon petition by the applicant showing that: (a) Full compliance with the application requirements of Subsection E.2 would be unreasonably burdensome; and (b) The proposed building, structure, use, development or activity will not have a substantial impact on adjacent and surrounding areas. 2. A waiver may be granted only if the City Council determines that the information submitted is sufficient to determine that the proposed building, structure, use, development or activity will comply fully with all applicable Ordinances and Master Plans and that the proposed use, development or activity will not have a substantial impact on adjacent and surrounding areas. 3. A waiver may be granted only after notice is given and public hearings are held in compliance with Section 67. 071990 8 Section 47 DRAFT COPY 01/18/96 G. PROCEDURE FOR PROCESSING SITE PLANS. The following procedures shall govern the processing and approval of Site Plan applications. 1. PRE -APPLICATION CONFERENCE: Prior to filing a formai site plan application, the applicant may request a pre -application conference with the Director of Community Development Services or his designee. The purpose of the pre -application conference shall be to assist the applicant in bringing the Site Plan into conformity with these and other regulations applying to the subject property and to define the specific submission requirements for Site Plan applications. 2. APPLICATION: Applications for Site Plan approval shall be submitted to the Director of Community Development Services or his designee in four (4) duplicate copies. All maps and graphics, submitted as part of the Site Plan Application, shall be to scale and not smaller than one (1) inch equals fifty (50) feet. A non-refundable application fee, as established from time to time by the City Council, to help defray administrative costs and costs of a hearing, shall accompany each application. 3. ACTION BY DIRECTOR OF COMMUNITY DEVELOPMENT SERVICES. Within thirty (30) days of the filing of an application, the Director of Community Development Services shall cause such application and the attached site plan to be reviewed, in terms of the standards established by Section 47.H., below, by qualified City personnel. He shall then either: (1) approve the application; (2) approve it subject to the applicant obtaining further specified approvals pursuant to the provisions of this Ordinance; (3) on the basis of written findings in accordance with Section 47.H., below, approve it subject to specific modifications; or (4) on the basis of such findings, decline to approve the application, provided, however, that in the case of site plan applications required by Section 47.C.6., the Director of Conamunity Development Services shall not approve said application but shall submit them together with his report thereon to the Planning and Zoning Commission. Immediately upon concluding his review, the Director of C—ennity Development Services shall 071990 9 Section 47 DRAFT COPY 01/18/96 return one (1) copy of the applicant's plans to him, marked to show either approval, or approval subject to modification, which modifications shall be clearly and permanently marked on such plans. The failure of the Director of Cefnmunitv Development Services or his designee to act within said thirty (30) days on any application, except one required by Section 47.C.6., shall be deemed to be approval of the application and plans. 4. CONFERENCES AND MODIFICATIONS DURING REVIEW. While reviewing such application, the Director of Cemfnunity Development Services or his designee may, or at the request of the applicant shall, meet with the applicant for such conferences concerning the proposed site plan as may be appropriate and may accept amended plans in substitution of those originally submitted. 5. ACTION BY PLANNING AND ZONING COMMISSION: If the Director of Cunity Development Services declines to approve the application, or approves it subject to modifications which are not acceptable to the applicant, such action shall not be deemed final administrative action but shall entitle the applicant to have his application referred to the Planning and Zoning Commission for review and decision of such matters as remained unresolved between the Director and applicant. Such review may be secured by the applicant by filing a written request therefore with the Director of Comity Development Services. Upon receipt of such request, the Director shall immediately refer the applicant and his report thereon to the Planning and Zoning Commission which shall review and act upon the application in the same manner and subject to the same standards and limitations as those made applicable to the Director of Cetnmnity Development Services, except that the Commission shall have thirty (30) days from the date of such referral within which to act. The decision of the Planning and Zoning Commission shall be final. H. STANDARDS FOR SITE PLAN REVIEW. 1. STANDARDS: The Director of Community Development Services 071990 10 Section 47 DRAFT COPY 01/18/96 SITE PLAN REVIEW shall not refuse to approve, and the Planning and Zoning Commission and the City Council shall not disapprove Site Plans submitted pursuant to this Section except on the basis of specific written findings dealing with one (1) or more of the following standards: a. The application is incomplete in specified particulars or contains or reveals violations of the Zoning Ordinance or other Ordinances of the City which the applicant has, after written request, failed or refused to supply or correct. b. In the case of a site plan submitted in conjunction with a planned development, a Special or Conditional Use Permit, or any district regulations in this Ordinance that contain specific development standards, such as the PRD -6, PRD -12, PCD, or PID Districts, the site plan fails to meet adequately specified standards required by this Ordinance with respect to such development or special use. C. The proposed site plan does, or will, interfere unnecessarily, and in specified particulars, with easement, roadways, rail lines, utilities, and public or private rights-of-way. d. The proposed site plan does, or will unnecessarily, and in specified particulars, destroy, damage, detrimentally modify or interfere with significant natural, topographic or physical features of the site. e. The circulation elements of the proposed site plan unnecessarily, and in specified particulars, create, or will create: hazards to safety on or off the site; disjointed pedestrian or vehicular circulation paths on or off the site; undue interference with and inconvenience to pedestrian travel. f. The screening of site does not, or will not, provide adequate shielding from or for nearby uses with which the proposed use may be incompatible. g. Based on recognized standards, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance. h. The proposed site plan does, or will, unnecessarily, and in specified particulars, create drainage or erosion problems. i. In the case of site plans for developments in the PRD -6, PRD - 071990 11 Section 47 DRAFT COPY 01/18/96 121 PCD and PID Districts, the proposed site plan fails, in specified particulars, to conform substantially to the approved Master Development Plan for the Property. 2. ALTERNATIVE APPROACHES. In citing any of the foregoing standards, other than those of subparagraph La., as the basis for declining to approve or for disapproving a site plan, the Director of Eef ni-ty Development Services shall suggest alternate site plan approaches which could be utilized to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives. I. EFFECT OF SITE PLAN APPROVAL. If the Director of E�nn.m..unity Development Services or the City Council or the Planning and Zoning Commission approves the application or approves it subject to further specified approvals or to modification which are acceptable to the applicant, such approval shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building, or structure, but shall authorize only the preparation filing and processing of applications for any further permits or approvals which may be required by the Codes and Ordinances of the City, including any approvals such as a building permit, a certificate of occupancy or subdivision approval. J. LIMITATIONS ON SITE PLAN APPROVAL. No site plan approval shall be valid for a period longer than one (1) year from the date such approval is issued, unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion or an occupancy permit is obtained and a use commenced within that period. Approval of an application does not authorize any work in conflict with any Codes or Ordinances of the City of Grapevine. K. AMENDMENT. An approved site plan may be amended at any time in the same manner and subject to the same standards and limitations as provided in this Section for original site plan approval. 071990 12 Section 47 JANUARY 2, 1996 MEMO TO: TRENT PETTY, CITY MANAGER FROM: H. T. (TOMMY) HARDY, DEVELOPMENT SERVICES DIRECTOR SUBJECT: DAY CARE CENTER AMENDMENTS At the December 19, 1995 City Council and Planning and Zoning meeting, Council instructed staff to bring an amendment to them which would effectively allow day care centers in neighborhood areas similar to the request that was before them in December. Attached are amendments to the Special Use District which establishes a Neighborhood Day Care Center that can be allowed in specific areas. The proposed requirements, under the newly created Section 14 of the Special Use District, will strictly regulate the location and number of requests that can be made in the neighborhood areas. Neighborhood Day Care Centers will be allowed in R-7.5, Single Family; R-5.0, Zero Lot Line; R-3.5, Duplex; R-3.75, Three and Four Family; R -MH, Mobile Home; R-MHOD, Modular Housing; and R-TH, Townhouse districts. I think Council's intention was to allow Neighborhood Day Care Centers in the R-7.5 district, but after studying this, it makes sense to also allow them in the other medium density residential uses. The centers will only be allowed if the following requirements are met: the property must front upon a street designated on the Grapevine Thoroughfare Plan, they must have a minimum of one (1) acre lot sizes with limitations on the lot width and depth, landscape plans are required meeting the requirement of Section 53, the front yards will be required to be a landscaped setback, and additional requirements for garbage storage areas. After you review this draft I would like to visit with you about the proposed amendments as well as a few other issues. Aga Attachments`` J regulated and licensed as provided therein. 9. Helistop: 10. Heliports in the CC, HC, HCO, LI, and GU Zoning Districts. 11. Group Care Homes for the Mentally Retarded, Abused Women, and Physical and Psychiatric Rehabilitation in any district, except for R- 7.5, R-12.5, and R-20 Single Family Districts. Half -way houses or criminal correction facilities shall not be permitted in any district, except as provided for in Section 38, Governmental Use District. 12. Bed and Breakfast facility in any designated Historic Landmark Subdistrict. 13. Gas and oil well drilling and production in any nonresidential district. 14. NEIGHBORHOOD DAY CARE CENTER A. DEFINITION: For the purpose of this paragraph the following words and phrases shall have the meaning respectively ascribed to them by this section 1. NEIGHBORHOOD DAY CARE CENTER shall mean a place where children are left for care in the R-7.5 R 5.0 R-3.5 R-3.75 R -MH R-MODH and R-TH districts. The lot on which the neighborhood day care center is located must front upon a street designated as a thoroughfare on the Grapevine Thoroughfare Plan B. The following minimum desi n requirements shall be required for Neighborhood Day Care Centers permitted as a Special Use. 1. Lots for Neighborhood Day Care Centers permitted as a special use shall have a minimum lot area of one (1) acre 2. Width of lot, feet - 150 032195 g Section 49 3. Depth of lot, feet - 175 4. A landscape plan, meeting the requirements of Section 53 5. Required front yards shall be landscaped withrg ass, shrubbery, vines, or trees and no part shall be paved or surfaced except for minimum access driveway, and sidewalks in accordance with Section 53 of this ordinance 6. Garbage storage shall be screened on all four sides and located on a concrete pad not less than fifty (50) feet to any adjoining_property. C. APPLICATION: An application for a Special Use Permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the special use permit is sought shall be accompanied by evidence of the consent of the owner. D. CONTENTS OF APPLICATION: An application for a Special Use Permit shall be filed in duplicate with the Director of Public Works, or such other official as he may designate, who shall forward without delay one copy to the secretary of the Planning and Zoning Commission. The application shall contain the following information as well as such additional information as may be prescribed by rule of the Commission or the Director of Public Works. 1. The applicant's name and address and his interest in the subject property; 2. The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application; 3. The street address and legal description of the property; 4. The zoning classification and present use of the subject property; 5. A description of the proposed special use; 032195 9 Section 49 SIGN REGULATIONS DRAFT COPY 01/18/96 F. SIGNS IN R-20, R-12.59 R-7.59 R-5.09 R-3.59 R-3.75, R -MH, R-TH, R- MF -1, R -MF -2, R-MODH, PRD -6 AND PRD -12 DISTRICTS. 1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs: (a) On -Premise Signs: For churches, convents and other places of worship, parks, playgrounds, nature preserves, and for multifamily dwellings in RMF -1 and RMF -2 zoning districts and neighborhood day care centers approved with a special use permit in accordance with Section 49, Special Use Permits: (1) Ground signs (2) Wall signs (b) Development Signs: (1) Ground Signs (2) Pole signs (c) Construction Signs: (1) Ground signs (2) Pole signs (d) Real Estate Signs: See definition 60.B.1.(e). (e) Subdivision Signs: (1) Ground signs 2. NUMBER OF SIGNS PERMITTED. (a) On -Premise: One (1) ground sign per platted lot and one (1) wall sign per street frontage. (b) Development: One (1) per subdivision. (c) Construction: One (1) per each ten (10) platted lots, not to exceed a total of four (4) signs per subdivision. (d) Real Estate: One (1) per platted lot. (e) Subdivision Sign: One (1) per each fifty (50) lots, not to exceed a total of four (4) signs per subdivision. 022195 15 Section 60 SIGN REGULATIONS G. 3. MAXIMUM GROSS SURFACE AREA. DRAFT COPY 01/18/96 (a) On -Premise Signs: Thirty-two (32) square feet. (b) Development Signs: Sixty-four (64) square feet. (c) Construction Signs: Thirty-two (32) square feet. (d) Real Estate Signs: Six (6) square feet. (e) Subdivision Signs: Sixty (60) square feet per sign. 4. MAXIMUM HEIGHT: (a) Development Signs: Fifteen (15) feet. (b) Construction Signs: Twelve (12) feet. (c) Real Estate Signs: Six (6) feet. 5. REQUIRED SETBACK: (a) On -Premise: Fifteen (15) feet from the front lot line. (b) Development: Ten (10) feet from the front lot line. (c) Construction: Fifteen (15) feet from the front lot line. (d) Real Estate: Five (5) feet from the front lot line. (e) Subdivision Sign: Fifteen (15) feet from the front lot line. 6. ILLUMINATION. No sign shall be illuminated except that on - premise signs may be illuminated with incandescent or fluorescent light. SIGNS IN THE CBD CENTRAL BUSINESS DISTRICT. 1. FUNCTIONAL/STRUCTURAL TYPES PERMITTED. The following permitted functional uses shall be limited to the associated structural types of signs: (a) Nameplate Signs: (1) Wall (b) On -Premise Signs: (1) Wall signs (2) Ground signs 022195 16 Section 60 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Planning & Zoning Commission of the City of Grapevine, Texas met in Special Workshop Session on this the 30th day of January, 1996 at 6:00 p.m. in the Conference Room #104, 307 West Dallas Road, with the following members present to -wit: Larry Oliver Chairman Cathy Martin Vice -Chairman Curtis Young Member Darlene Freed Member Kathy Martinez Member Steve Newby 1 st Alternate Kristin Antilla 2nd Alternate with Council member Spencer present, members Marvin Balvin and Steve Stamos absent, constituting a quorum, with the following members of the City Staff: H. T. (Tommy) Hardy Director of Development Services Marcy Ratcliff Planner Teresa Wallace Planning Secretary Chairman Oliver called the Planning & Zoning Special Workshop to order at 6:40 P.M. OLD BUSINESS PROPOSED COMMUNICATION USES IN SECTION 42 - SUPPLEMENTARY DISTRICT REGULATIONS AND SECTION 49, SPECIAL USE PERMITS Tommy Hardy, Director of Development Services explained Staff had proposed at the October 30, 1995 Workshop a first rough draft of amendments to Section 42, Supplementary District Regulations relative to regulating antennas and other communication uses. The Commission tabled further action on the amendments until the January 30, 1996 Workshop, to allow Staff time to gather additional information. The Commission requested to see if there were regulations regarding landscaping, screening, size and locations of the equipment building. Staff was unable to find any ordinances or regulations regarding these issues. Further, he explained the Commission members had a draft of communication uses in Section 42, Supplementary District Regulations and Section 49, Special Use Permits. The proposed amendments specifically define terms and regulate where P & Z Workshop 1/30/96 antennas are allowed as a matter of right and where they are allowed with an approved specific use permit. The majority of the language was taken from the Plano Ordinance. Mr. Hardy told the Commission that Willie Cothrum had suggested additional wording be added to specifically allow accessory support buildings. Members discussed the typical size of an accessory support structure and the appropriate size to allow as a matter of right. Members agreed that an accessory structure more than 8 foot in height, or 100 square foot in size would require a special use permit. Members also discussed the wording used to limit commercial antennas as a matter of right and instructed Staff to amend the draft language and bring it back before them on February 20, 1996 SECTION 60, SIGN REGULATIONS Tommy Hardy explained Staff has developed new design standards on Pages 3-5 for ground signs. Proposed are separate criteria for residential and non-residential uses. Staff has redefined ground signs to be solid from the ground up and all poles or supports to be concealed. To be consistent with the pole sign regulations, the amount of changeable copy for all ground signs was increased to 30% as a matter of right, a larger percentage of changeable copy would require a conditional use. Also included is the ability to locate ground signs on a two foot berm or a planter box that is not counted when measuring the height. The amendments proposed and tabled at the October 30, 1995 Workshop for 40 foot pole signs has not changed. These amendments on Page 6 would allow properties along the designated highways to apply for a conditional use permit to allow a maximum 40 foot pole sign with a maximum gross surface area of 288 square feet. Staff has also proposed language to specifically regulate portable and vehicle signs. Currently, Staff is unable to regulate those signs on a stationary vehicle. The proposed amendments, would give the ability to eliminate these types of signs. Members discussed the sign ordinance and the ability for users to request a conditional use permit to allow a 40 foot pole sign along major highways and thoroughfares. Members addressed concerns about allowing pole signs on State Highway 121 south of State Highway 360. Staff was instructed to make the required changes and bring the draft ordinance back before them on February 20, 1996. SECTION 52 - TREE PRESERVATION Tommy Hardy explained the Commission requested Staff at the October 30, 1995 Workshop to draft language for a Tree Preservation Permit to accompany zone change P & Z Workshop 1/30/96 requests and concept plans for plats. The purpose of the proposed language 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 proposed language defines what and when a Tree Preservation Permit and Tree Removal Permit are required to be submitted. A Tree Preservation Permit defines large specimen trees as 8 inches or larger when measured 4.5 feet above the ground level. A Tree Removal Permit defines a specimen tree as 3 inches or greater when measured 4.5 feet above ground level. Both permits require a Tree Replacement Plan and a Tree Protection Plan. Staff also proposed amendments to Section 53, Landscaping Regulations to define the minimum acceptable tree size. Currently, the Landscaping Regulations require trees to be a minimum of height of seven feet. The new definition states the tree to be a minimum size of 3 caliper inches when measured 3 inches above ground and a minimum height of 7 feet. Section 45, Concept Plans and Section 47, Site Plan Review were also amended to require Tree Preservation Permits to be a part of zoning cases or platting. As proposed, an approved Tree Preservation Permit may be amended by City Council by resolution after receiving a recommendation from the Planning and Zoning Commission. This would not require a public hearing to amend the Tree Preservation Permit. Joe Wright, Developer, was present to discuss requirements of the draft language on the single family developer. He stated that it was not possible to know the type of structure that would ultimately be placed on the property at the time improvements are made to a subdivision and asked that "R-7.5", "R-12.5" and "R-20" Single Family Districts be removed from this requirement. Members also discussed the size of a tree based on the height at which measured. Staff was directed to amend the language of the proposed draft and bring it back before them on February 20, 1996. NEIGHBORHOOD DAY CARE CENTERS IN SECTION 49 SPECIAL USE PERMITS Tommy Hardy reminded the Commission that City Council at the December 19, 1995 meeting requested the Planning and Zoning Commission propose amendments to the Zoning Ordinance providing an avenue to allow neighborhood day care centers in residential areas. The request is a result of the controversy created by Pam Mueller's zone change request from "R-7.5" Single Family to "R -MF -1" Multifamily and conditional use permit for a day care facility. P & Z Workshop 1/30/96 Staff has drafted proposed amendments on Page 9 of Section 49, Special Use Permits that would allow a neighborhood day care center in all the residential districts except for "R -MF -1 " and "R -MF -2" Multifamily Districts, "R-20" and "R-12.5" Single Family Districts. The property must front on a designated thoroughfare and have a minimum lot size and minimum lot dimensions. Members discussed the type of thoroughfare would be appropriate for day care centers. Members agreed that day care centers should be allowed on designated thoroughfares, Type A thru E. Staff was instructed to amend the language and bring it back before them on February 20, 1996. MISCELLANEOUS Larry Oliver announced that he would not be at the February 20, 1996 public hearing. With nothing further to discuss, Cathy Martin moved to adjourn at 9:10 P.M. Darlene Freed seconded the motionwhich prevailed by the following vote: Ayes: Oliver, Martin, Young, Freed, Martinez, Newby and Antilla Nays: None PASSED AND APPROVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 20th DAY OF FEBRUARY 20, 1996. HAIR AN ATTEST: SECRETARY