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HomeMy WebLinkAboutItem 07 - AM06-04; AM06-05 Zoning Ordinance AmendmentsZoning Ordinance Amendment AM06-04 and AM06-05 - Amendments to Section 12, Definitions and Section 49, Special Use Permits relative to flag lots; and Section 31, "LI" Light Industrial District relative to Planned Industrial Centers future with the Planning and Zoning Commission to explore the potential impact of future amendments regarding flag lots. See the attached amendments. We have been contacted by Gamestop, who wishes to purchase the building directly to their east. This building is part of a four building development on a single lot (Westport Business Center). For financial purposes the property will also need to be replatted. However, in order to replat the property, the development would technically be in violation of the ordinance in terms of setbacks, landscaping requirements, frontage on the right-of-way, etc. In commercial and business park zoning districts the Planned Commercial Center and Planned Business Park option provides relief from these requirements as it allows multiple platted properties that physically appear to be a development on a single lot. No such mechanism is available for industrial properties. We are proposing to add a Planned Industrial Center (PIC) development option within the "Ll" Light Industrial District Regulations as a Conditional Use. This development option would give industrial property owners the ability to incorporate all of the tools available in the other districts, such as Planned Commercial Center (PCC) development option in Section 25 "CC" Community Commercial District Regulations, and Planned Business Park option for Section 32, "BP" Business Park District Regulations of the Zoning Ordinance. Our intention is to simply mirror the provisions contained in the Planned Commercial Center (PCC) (Section 25.N.), and place them in the "Ll" Light Industrial Zoning District Requirements. As it is possible that these provisions will often be applied to existing properties, language has been introduced to ensure building code compliance as it relates to the platting of property lines adjacent to existing buildings; provisions have been added to ensure that building separation is permanently maintained. This is a fire/life safety issue, and must not be compromised. We feel that the proposed amendments will facilitate development and reuse of our industrial properties. There will be no detrimental effects due to the proposed amendment, as the developed property will have no changes. The replatting and addition of property line(s) will make no difference in the physical appearance of the project. This will give business owners and developers additional flexibility, while maintaining the desired aesthetics mandated by our ordinance. See the attached amendment. 0AZCU\AM06-04.41.doc 2 June 12, 2006 (3:07PM) DRAFT SECTION 12, DEFINITIONS May 30, 2006 221. LOT shall mean a tract of land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place. 222. LOT. FLAG shall mean a lot which is platted such that a portion of the lot is behind, and a portion is beside an adjacent lot, fronts on the same right-of-way or dedicated easement as the adiacent lot, and does not meet the minimum lot width at the required minimum front building setback line for the zoning district in which it is located. Such flag lots shall be prohibited in the "R-20" Single Family District, "R-12.5" Single Family District, "R-7.5" Single Family District, "R-5.0" Zero Lot Line District, "R-3.5" Two Family District, "R-3.75" Three and Four Family District, and "R-TH" Townhouse District. 223. LOT COVERAGE shall mean the total area of a lot upon which is placed a building, buildings, or other structures. 224. LOT OF RECORD shall mean a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of Tarrant County, Texas, or a parcel of land, the deed of which was recorded in the office of the county clerk of Tarrant County, Texas, prior to the effective date of this ordinance. 225-247. RESERVED FOR FUTURE USE. 248. MANUFACTURED PLANT shall mean an establishment devoted to the fabrication, processing, assembling, cleaning or repair of articles, foods, liquids, and/or plants. 249. MECHANICAL EQUIPMENT shall mean any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room, driven by a motor or motors of more than five (5) horsepower or more. 250. MINIMUM SQUARE FOOTAGE OF DWELLING UNIT shall mean the minimum square footage of living space required per dwelling unit, excluding porches, patios, or areas designated for automobile parking. 031803 Section 12 1 \\SATACH\CHDATA\DATA\COMMDEW 1 Ordinances\Zoning Ordinance\Drafts\062006\sec.12 draft single page.doc SECTION 49, SPECIAL USE PERMITS May 30, 2006 Planned Commerce Development District, "PID" Planned Industrial Development District, and "GU" Governmental Use District. 14. Off-street parking lots, accommodating a permitted or conditional use within the "LB" Limited Business District, "GV" Grapevine Vintage District, "CN" Neighborhood Commercial District, "CC" Community Commercial District, "HC" Highway Commercial District, "PO" Professional Office District, "CBD" Central Business District, "HGT" Historic Grapevine Township District, "HCO" Hotel and Corporate Office District, "RA" Recreation/Amusement District, "Ll" Light Industrial District, "BP" Business Park District, "PCD" Planned Commerce Development District, and "PID" Planned Industrial Development District, which require any payment for parking. (a) EXCEPTIONS: The following uses shall be exempt from the requirements of this section. (1) Valet parking services. 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. 111505 1 Section 49 0A1 10rdinances\Zoning 0rdinance\Draftsk062006\SECA9 draft single page.doc 277.2" VIM LWJW 11TRM ---------- NMI` =T z 2. 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. 111505 1 Section 49 0A1 10rdinances\Zoning 0rdinance\Draftsk062006\SECA9 draft single page.doc DRAFT SECTION 31, LI May 10, 2006 C. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of, and a Conditional Use Permit is issued pursuant to Section 48 of this Ordinance. 22. Planned Industrial Center P. PLANNED INDUSTRIAL CENTER DESIGN REQUIREMENTS: Each lot or parcel of land created within a Planned Industrial Center shall comply with the following requirements: 1. MINIMUM YARD REQUIREMENTS OF PLANNED INDUSTRIAL CENTERS: The front yard requirements contained in Section 31.G.3. shall be applicable to each lot or parcel of land within a Planned Industrial Center. A minimum fifteen (15) foot side and a minimum thirty (30) foot rear yard shall be required around the outside perimeter of a Planned Industrial Center. Minimum side and rear yard requirements of interior lots may be required if deemed necessary by City Council in order to meet the provisions of Section 48. Perimeter lots in a Planned Industrial Center shall have a minimum twenty (20) feet of frontage on a public right-of- way. Interior lots in a Planned Industrial Center that have no frontage on a public right-of-way must have a minimum twenty- five (25) foot dedicated public access easement connecting to a public right-of-way. CENTERS: The minimum landscaping requirements of Section 53.H.2(b) shall be applicable around the outside perimeter of a Planned Industrial Center. For interior lots the minimum landscaping requirements of Section 53.H.2.(b) may be required if deemed necessary by City Council in order to meet the provisions of Section 48. INDUSTRIAL CENTERS: At least fifteen (15) percent of the total site area of the Planned Industrial Center shall be devoted to nonvehicular open space (Nonvehicular open space is any area not devoted to buildings, parkina, loading, storage, or vehicular Ml 4. BUILDING SEPARATION REQUIREMENTS OF PLANNED INDUSTRIAL CENTERS: The minimum distance between principal or accessory buildings on the same lot required by Section 31 OA1 1 Ordinances\Zoning Ord inance\Orafts\062006\SEC.31.draft single page.doc DRAFT SECTION May 1 2006 Section 31.G.6 may be modified if deemed necessary by Citv Council to accommodate for accessory structures. The plaffing of Property lines shall n• ` Place any existing building • • of the building code of the City of Grapevine. Perpetual building separation easements may be • • • • by • • Official to achieve equivalency to the requirementsof • • 4l. 131ILDINGO.•STRUCTURES SHALL BE SUBMITTED WITH THE SITE PLAN REQUIRED BY SECTION Section 31 O:\11Ordinances\Zoning Ord inance\Drafts\062006\SEC. 31.draft single page.doc Arno b - o y� C) VA AN ORDINANCE 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 AMENDING SECTION 31, "LI" LIGHT INDUSTRIAL DISTRICT; 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 31, "LI" Light Industrial District is hereby amended by amending paragraph C. Conditional Uses, by the addition of subparagraph 22. to read as follows: "22. Planned Industrial Center." B. That Section 31, Light Industrial District is hereby amended by the addition of paragraph P. Planned Industrial Center Design Requirements to read as follows: "P. PLANNED INDUSTRIAL CENTER DESIGN REQUIREMENTS: Each lot or parcel of land created within a Planned Industrial Center shall comply with the following requirements: MINIMUM YARD REQUIREMENTS OF PLANNED INDUSTRIAL CENTERS: The front yard requirements contained in Section 31.G.3. shall be applicable to each lot or parcel of land within a Planned Industrial Center. A minimum fifteen (15) foot side and a minimum thirty (30) foot rear yard shall be required around the outside perimeter of a Planned Industrial Center. Minimum side and rear yard requirements of interior lots may be required if deemed necessary by City Council in order to meet the provisions of Section 48. Perimeter lots in a Planned Industrial Center shall have a minimum twenty (20) feet of frontage on a public right-of-way. Interior lots in a Planned Industrial Center that have no frontage on a public right-of-way must have a minimum twenty- five (25) foot dedicated public access easement connecting to a public right-of-way. 2. LANDSCAPING REQUIREMENTS OF PLANNED INDUSTRIAL CENTERS: The minimum landscaping requirements of Section 53.H.2(b) shall be applicable around the outside perimeter of a Planned Industrial Center. For interior lots the minimum landscaping requirements of Section 53.1-1.2.(b) may be required if deemed necessary by City Council in order to meet the provisions of Section 48. 3. MINIMUM OPEN SPACE REQUIREMENTS OF PLANNED INDUSTRIAL CENTERS: At least fifteen (15) percent of the total site area of the Planned Industrial Center shall be devoted to nonvehicular open space (Nonvehicular open space is any area not devoted to buildings, parking, loading, storage, or vehicular use.) 4. BUILDING SEPARATION REQUIREMENTS OF PLANNED INDUSTRIAL CENTERS: The minimum distance between principal or accessory buildings on the same lot required by Section 31.6.6 may be modified if deemed necessary by City Council to accommodate for accessory structures. The platting of property lines shall not place any existing building in violation of the building code of the City of Grapevine. Perpetual building separation easements may be approved by the Building Official to achieve equivalency to the requirements of the code. ELEVATIONS5. BUILDING OF PROPOSED SHALLBE Q 1 SECTIONBY Section 2. 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. ORD. NO. 2 Section 3. 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 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. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the 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 20th day of June, 2006. ATTEST: ORD. NO. 3 �}-lYI Ub "Uj 00, ORDINANCE NO. 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 j 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 12, Definitions is hereby amended by amending paragraph 211- 221 to read as follows: "211-220 RESERVED FOR FUTURE USE" B. That Section 12, Definitions is hereby amended by renumbering the existing paragraph 222 LOT to 221 LOT. C. That Section 12, Definitions is hereby amended by adding a new paragraph 222 LOT, FLAG to read as follows: "222. LOT, FLAG shall mean a lot which is platted such that a portion of the lot is behind, and a portion is beside an adjacent lot, fronts on the same right-of-way or dedicated easement as the adjacent lot, and does not meet the minimum lot width at the required minimum front building setback line for the zoning district in which it is located. Such flag lots shall be prohibited in the "R-20" Single Family District, "R- 12.5" Single Family District, "R-7.5" Single Family District, "R-5.0" Zero Lot Line District, "R-3.5" Two Family District, "R-3.75" Three and Four Family District, and "R-TH" Townhouse District. " D. That Section 49, Special Use Permits is hereby amended by deleting paragraph 16. Flag lots in its entirety. _N M, I.:T.wmm r.4 I .. .. .... =Mcn—n . - WIND i-. - MZ i - . z- 2- .. -2- Section 2. 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. 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 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. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the 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 20th day of June, 2006. ORD. NO. 2 F.Al »aell 9 4il t.• * �;, I