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HomeMy WebLinkAboutItem 10 - Mutifamily DistrictsC c I rIE�M: # Piz �f MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION M, FROM: BRUNO RUMBELOW, CITY MANAGER - SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JULY 19, 2011 SUBJECT: AM11 -04— AMENDMENTS TO THE "R -MF -1" AND "R -MF -2" MULTIFAMILY DISTRICTS AND ALL OTHER RELEVANT ZONING DISTRICTS RECOMMENDATION: Staff recommends the City Council and the Planning and Zoning Commission consider the amendments to the "R -MF -1" and "R -MF -2" Multifamily Districts and all other relevant zoning districts and take any other action necessary. BACKGROUND INFORMATION: On May 4, 2011 the Planning and Zoning Commission conducted a workshop to discuss the current trends in multifamily development in the City and discussed possible amendments to the ordinance to accommodate the changing state of multifamily development in those areas that now require the use of the Planned Development Overlay. Primarily the discussion centered on creating a mechanism to consider varying from the ordinance in four key areas — density, open space, height, and parking— without the use of a Planned Development Overlay. The Commission also discussed the elimination of the "R -MF -1" Multifamily District since it is basically obsolete given the current state of higher density projects that have recently been approved. During the work session, it was generally agreed that a new conditional use category could be created that could give the Commission and Council the ability to consider and allow standards that vary from the above referenced categories. A subsequent Commission discussion occurred at the June 21, 2011 meeting whereby the Commission also included the front yard setback as an addition to the categories that may be varied from through the conditional use process. Staff was authorized to take the referenced changes to a public hearing in the immediate future. Section 22. R -MF -2 Multifamily District has been amended accordingly by creating a new subcategory within the Conditional Use section that will give the Commission and Council the authority to recommend and approve standards that vary from the established guidelines in Section 22 relative to density, open space, front yard setback and height, and to Section 56, Off - Street Parking Requirements. Section 22 will also be re- designated as the "R -MF" Multifamily District. All other relevant sections of the zoning ordinance have also been amended eliminating the reference to the "R -MF -1" Multifamily District and changing all 0AMMAM11 -04.41 7/13/2011 4:40:52 PM references to the "R -MF -2" Multifamily District to simply the "R -MF" Multifamily District. See the attached ordinances. ks 0:IZCUTAM 11 -04.41 7/11/20112:38:69 PM DRAFT SECTION 20. R -TH TOWNHOUSE DISTRICT REGULATIONS 071911 eighty -five (85) feet. For lots that are forty (40) feet in width or greater, the minimum lot depth shall be eighty (80) feet. 6. The minimum distance between principal and accessory uses, if detached, shall be fifteen (15) feet. H. BUFFER AREA REGULATIONS: Whenever an R -TH Townhouse development is located adjacent to a developed residential district (R -20, R- 12.5, R -7.5, R -5.0, R -3.75, R- MF -1, -2) or a non - residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain appropriate landscape improvements, fencing, berms or trees in accordance with Alternate A, B, or E, in Section 50, to adequately buffer adjoining uses. HEIGHT REGULATIONS: The following maximum height regulations shall be observed: The maximum height of the principal structures shall be two (2) stores not to exceed thirty -five (35) feet. Whenever a townhouse structure is erected contiguous to an existing single family dwelling, the number of stories and height of the townhouse structure shall not exceed the number of stories and height of the contiguous single family dwelling. In no instance shall the height of a townhouse structure exceed two (2) stories or thirty -five (35) feet. 2. The maximum height of an accessory structure shall be one (1) story not exceed fifteen (15) feet. 3. The maximum height of a storage building used for maintenance or mechanical equipment shall be one story not to exceed ten (10) feet. J. OFF- STREET PARKING: Provisions for the parking of automobiles shall be allowed as an accessory use to any principal permitted use provided that such shall not be located on a required front yard or side yard. Off - street parking areas shall be landscaped in accordance with Section 53. Off - street parking shall be provided in accordance with the provisions of Sections 56 and 58 of this Ordinance and other applicable ordinances of the City. 072010 A Section 20 DRAFT SECTION 21. R -MF -1 MULTIFAMILY DISTRICT REGULATIONS 071911 Section 21. RESERVED w . I I w 11 ■ . • w IRWIN li w>r�l'11�111f 1�f.�lfaa�.l a�11f1�1�1�t�1�1�11�1�ff� Ii1�. 11���\ �] �li�a! 1t \�.t�1�111�1�1Y�ll.Il�1..\��Y 2 GhWJ;GheS, Genvent and other nlaGe Of urnrchin 11 DnrlrL, a 1�1�iw,f�ll�A �J lw.�l rI -1 0.01010- ~W1,1111111"A 062111 1 Section 21 DRAFT SECTION 22. R -MF MULTIFAMILY DISTRICT 071911 C. CONDITIONAL USES: The following conditional uses may be permitted provided they meet the provisions of Section 48 and a Conditional Use Permit is issued. 1. Public and non- profit institutions of an educational, religious, or cultural type excluding correctional 'institutions and hospitals. 2. Nonprofit community centers. 3. Memorial gardens and cemeteries. 4. Nursing Homes. 5. Day Care Centers (See Section 22.N.). 6. Assisted Living Facilities (See Section 22.N.). 7. Any off-street parking for churches, convents and other places of worship developed on property other than the platted lot of record of the principal use, provided all or a portion of the property utilized for parking is located within 300 feet of the platted lot of record. 8. The following conditional uses may be permitted provided they meet the provisions of Section 48, are located within an area that is no greater than % of a mile due north and northeast of property zoned and developed as a Planned Commercial Center containing in excess of 1,000,000 square feet of gross leasable space and north of Grapevine Mills Boulevard and a Conditional Use Permit is issued. a. The maximum height of principal structures may be a maximum of three (3) stories, not to exceed forty (40) feet. b. Whenever two (2) principal structures are arranged face to end or back to end the minimum distance may be thirty (30) feet. Whenevertwo (2) principal structures are arranged end to end the minimum distance may be twenty (20) feet. The point of measurement shall be the exterior walls of the buildings and does not include balconies, railings or other architectural features. 9. Flexible Design Standards: The standards set forth in Sections 22.F.1. (Maximum Density), 22.F.3. (Minimum Open Space), 062111 3 Section 22 SECTION 22. R -MF MULTIFAMILY DISTRICT 071911 22.G.1 Front Yard Setback 22.1.1 _Height Regulations) and Section 56.1 (Off- Street Parking Requirements„ may be considered flexible in order to encourage development within the R -MF Multifamily District. In some situations, the above referenced sections may vary from the specific standards established upon approval of a conditional use permit by the City Council. D. LIMITATION OF USES: 1. No Storage boxes or any other containers to be picked up or dropped off by curbside self- storage services, moving services and other similar services shall be placed within a public right -of -way. Storage containers to be picked up or dropped off by such services shall be visible from a public right -of -way or adjacent property for a period not exceeding seventy -two (72) consecutive hours, and not more than two (2) instances during any thirty (30) day period. E. PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. 2. A Site Plan, meeting the requirements of Section 47, has been approved. 3. A Landscape Plan, meeting the requirements of Section 53, has been approved. F.. DENSITY REQUIREMENTS: The following density requirements shall apply. MAXIMUM DENSITY - The maximum density within the R -MF-2 District shall conform to the following requirements. a. The maximum density shall be sixteen (16) units per acre if the minimum nonvehicular open space is twenty (20) percent or less of the total site area. 062111 4 Section 22 DRAFT SECTION 41. PD PLANNED DEVELOPMENT OVERLAY 071911 C. CONDITIONAL USES: All conditional uses established in the underlying zoning district. When varying from the uses within the underlying zoning district the applicant shall provide an amended list of conditional uses and the conditions necessary for the change in standards from the underlying zoning district. D. LIMITATION OF USES: Uses prohibited shall be those uses specifically prohibited within the underlying zoning district. The following uses are expressly prohibited within a "PD" Planned Development Overlay and cannot be established as a permitted, conditional, or accessory use under any circumstances: 1. Freight forwarding warehouses 2. Outside storage of material /equipment 3. Retail establishments for used car sales and service 4. Hotel /motel with a minimum room count less than 300 rooms 5. Commercial parking lots 6. Automotive repair garages 7. Salvage /wrecking yards 8. Retail sales of building material displayed in an unenclosed or incompletely enclosed area with outside storage 9. Those uses specifically designated in paragraph D. Limitation of Uses in Section 31, "LI" Light Industrial District 10. Off-premise/bill board signage 11. Pawn shops 12. All uses listed in Section 49, Special Uses 13. Bed and Breakfast E. DENSITY REQUIREMENTS: Requirements associated with maximum density, lot size, minimum open space, maximum building coverage, and maximum impervious coverage shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. The maximum density for a "PD" Planned Development Overlay District associated with any underlying residential zoning district shall not exceed that established in the underlying zoning district except for the "R -MF4' Multifamily District. Lot size for any residentially zoned district may be reduced no more than five (5) percent. F. AREA REGULATIONS: Requirements associated with lot width, lot depth, front yard setback, side yard setback, rear yard setback, and distance 041806 Section 41 N. DRAFT SECTION 45. CONCEPT PLANS 071911 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 IVIF T R -TH, R -MH, R -MODH, P -O, C -N, C -C, CBD, G -V, HCO, HC, LB, LI, BP, RA, or when a plat, (preliminary, final or repiat) 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. 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. 080696 1 Section 45 DRAFT SECTION 47. SITE PLAN REVIEW 071911 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_. 2. Any permitted, accessory, or Conditional Use in the following commercial districts: LB, GV, CN, CC, HC, PO, HCO and RA. 3. Any permitted, accessory, or conditional use in the following industrial districts: BP, 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. 7. Any permitted, accessory, or conditional uses in the Historic Grapevine Township District. D. EXEMPT DEVELOPMENT: The following activities and uses shall not require compliance with this section unless otherwise required by this Ordinance. Construction of a single family detached dwellings on an existing or platted single family lot, except for single family dwellings in the Historic Grapevine Township District. 2. Construction of any permitted accessory use to a single family dwelling on an existing or planned single family lot, except for single family dwellings in the Grapevine Township District. 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 021500 2 Section 47 DRAFT SECTION 54. MASONRY REQUIREMENTS 071911 Section 54. Masonry Requirements All principal buildings and structures located in the zoning districts R -3.5, R -3.75, R -MF4, €-IV4F -2, R -5.0, PRD -6, PRD -12, and R -TH shall be of exterior fire resistant construction, having at least eighty (80) percent of the total exterior walls, excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or other masonry or material of equal characteristics in accordance with the City's Building Code and Fire Prevention Code or eighty (80) percent of the total exterior walls may be an exterior wall insulation and finish system product. All buildings or structures in the P -O, C -N, HCO, HC, LB, LI, PCD, PI D, CBD, C -C, and RA zoning districts shall be of exterior fire- resistant construction having at least seventy (70) percent of the total exterior walls, excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or other masonry or material of equal characteristics in accordance with the City's Building Code and Fire Prevention Code or seventy (70) percent of the total exterior walls may be an exterior wall insulation and finish system product. All buildings or structures in the BP zoning district shall be of exterior fire- resistant construction having at least one hundred (100) percent of the total exteriorwalls, excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or other masonry or material of equal characteristics in accordance with the City's Building Code and Fire Prevention Code or one hundred (100) percent of the total exterior walls may be an exterior wall insulation and finish system product. All principal buildings or structures in the GU zoning district shall be of exterior fire- resistant construction having at least seventy (70) percent of the total exterior walls, excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or other masonry or material of equal characteristics in accordance with the City's Building Code and Fire Prevention Code or seventy (70) percent of the total exterior walls may be an exterior wall insulation and finish system product. Temporary buildings or structures used as classrooms for the Grapevine - Colleyville Independent School District may be exempt from this requirement. Any buildings or structures within a site that has received "HL" Historic Landmark Subdistrict designation are exempt from the requirements set forth in this section. 121603 Section 54 DRAFT SECTION 60. SIGN STANDARDS 071911 F. SIGNS IN R-20, R -12.5, R -7.5, R-5.0, R-3.5, R -3.75, R -MH, R -TH, R- MF-'' — R-Mr-22, R -MODH, PRD -6, PRD -12, and HGT 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 R -MFG d °,�", ;ri zoning districts and neighborhood day care centers and Bed and Breakfast Inns approved with a special use permit in accordance with Section 49, Special Use Permits, and any use approved as a conditional use in the HGT District. (1) Ground signs (2) Wall signs, except no wall signs shall be permitted in the HGT District (b) Development Signs: See definition 60.B.1.(c) (c) Construction Signs: See definition 60.B.1.(d) (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. 3. MAXIMUM GROSS SURFACE AREA. 101910 Section 60 17 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY DELETING SECTION 21, "R- MF-1" MULTIFAMILY DISTRICT REGULATIONS; RENAMING SECTION 22, "R -MF -2" MULTIFAMILY DISTRICT REGULATIONS; AND AMENDING SECTION 20, "R -TH" TOWNHOUSE DISTRICT REGULATIONS; SECTION 41, "PD" PLANNED DEVELOPMENT OVERLAY; SECTION 45, CONCEPT PLANS; SECTION 47, SITE PLAN REVIEW; SECTION 54, MASONRY REQUIREMENTS; AND SECTION 60, SIGN STANDARDS PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Ordinance No. 82 -73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 21, "R -MF -1" Multifamily District Regulations is hereby deleted in Its entirety. B. That Section 22, "R -MF -2" Multifamily District Regulations is hereby amended by renaming Section 22 to read as follows: "Section 22. R -MF Multifamily District Regulations" C. That Section 22 "R -MF -2" Multifamily District Regulations is hereby amended by adding subsection C.9. to read as follows: 119. Flexible Design Standards: The standards set forth in Sections 22.F.1. (Maximum Density), 22.F.3. (Minimum Open Space), 22.G.1 (Front Yard Setback), 22.1.1 (Height Regulations) and Section 56.1 (Off- Street Parking Requirements) may be considered flexible in order to encourage development within the R -MF Multifamily District. In some situations, the above referenced sections may vary from the specific standards established upon approval of a conditional use permit by the City Council." D. That Section 20, "R -TH" Townhouse District Regulations is hereby amended by amending subsection H. to read as follows: "H. BUFFER AREA REGULATIONS: Whenever an R -TH Townhouse development is located adjacent to a developed residential district (R- 20, R -12.5, R -7.5, R -5.0, R -3.75, R -MF) or a non- residential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain appropriate landscape improvements, fencing, berms or trees in accordance with Alternate A, B, or E, in Section 50, to adequately buffer adjoining uses." E. That Section 41. "PD" Planned Development Overlay is hereby amended by amending subsection E. to read as follows: "E. DENSITY REQUIREMENTS: Requirements associated with maximum density, lot size, minimum open space, maximum building coverage, and maximum impervious coverage shall be initially established by the underlying zoning district. When varying from the guidelines within the underlying zoning district the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. The maximum density for a "PD" Planned Development Overlay District associated with any underlying residential zoning district shall not exceed that established in the underlying zoning district except for the "R -MF" Multifamily District. Lot size for any residentially zoned district may be reduced no more than five (5) percent." F That Section 45, Concept Plans is hereby amended by amending subsection B. to read as follows: "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, R -TH, R -MH, R -MODH, P -O, C -N, C -C, CBD, G -V, HCO, HC, LB, LI, BP, RA, or when a plat, (preliminary, final or replat) is filed unless one has been approved with a zone change request." ORD. NO. 2 G. That Section 47, Site Plan Review is hereby amended by amending subsection C.1. to read as follows: 961. Any permitted accessory, or Conditional Use in the following residential districts: R -3.5, R -3.75, R -TH, R -MF." H. That Section 54, Masonry Requirements is hereby amended by amending the first paragraph to read as follows: "All principal buildings and structures located in the zoning districts R -3.5, R- 3.75, R -MF, R -5.0, PRD -6, PRD -12, and R -TH shall be of exterior fire resistant construction, having at least eighty (80) percent of the total exterior walls, excluding doors and windows, constructed of brick, stone, fibre reinforced cementitious board, or other masonry or material of equal characteristics in accordance with the City's Building Code and Fire Prevention Code or eighty (80) percent of the total exterior walls may be an exterior wall insulation and finish system product." I. That Section 60, Sign Standards is hereby amended by renaming subsection F. to read as follows: "F. SIGNS IN R -20, R -12.5, R -7.5, R -5.0, R -3.5, R -3.75, R -MH, R -TH, R- F, R -MODH, PRD -6, PRD -12, and HGT DISTRICTS." J. That Section 60, Sign Standards is hereby amended by amending subsection F.1.(a). to read as follows: "F.1.(a)On- Premise Signs: For churches, convents and other places of worship, parks, playgrounds, nature preserves, and for multifamily dwellings in R -MF zoning districts and neighborhood day care centers and Bed and Breakfast Inns approved with a special use permit in accordance with Section 49, Special Use Permits, and any use approved as a conditional use in the HGT District. (1) Ground signs (2) Wall signs, except no wall signs shall be permitted in the HGT District " Section 2. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or competent jurisdiction, such holding shall not affect the ORD. NO. 3 validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. Thatthe fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th of July 2011. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4