HomeMy WebLinkAboutItem 04 - AM22-05MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: SEPTEMBER 20, 2022
SUBJECT: M22-05: AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE
NO. 82-73; SECTION 26, "HC" HIGHWAY COMMERCIAL DISTRICT
RECOMMENDATION: Staff recommends the Planning and Zoning Commission and City Council
consider AM22-05, amendments to Comprehensive Zoning Ordinance
No. 82-73, same being Appendix D of the Code of Ordinances as follows:
Section 26, Highway Commercial District relative to minimum buffer yard
and rear setback requirements between new commercial uses and
adjacent residential districts and take any other action necessary.
FUNDING SOURCE: None.
BACKGROUND: BACKGROUND:
In 1984 the City rezoned the entire city which is summarized in each
zoning application's agenda memorandum. At that time, a segment of
East Northwest Highway, on the south side of the highway, between
Dooley Street and Jenkins Street was identified as having special
attributes related to lot shallowness and therefore, needed
accommodations to allow for future redevelopment of these properties.
Specifically, Subsections 26.F.3., Minimum Open Space, 26.F.4.,
Maximum Impervious Surface, and 26.G.3, Front Yard requirements of the
Zoning Ordinance are not required for properties that redevelop along this
segment of East Northwest Highway. While this is a recognized special
accommodation, no properties within this segment have completely
redeveloped, meaning all improvements have been razed and new
development has occurred.
ISSUES:
Subsections 26.G.5, Rear Yards, 26.H, Buffer Area Regulations and
26.M.4, Design Requirements still apply to properties along this roadway
segment which requires a rear yard setback equivalent to the adjacent
zoning district, an opaque screening fence or wall between non-residential
uses and residential districts, and a 20-foot wide buffer strip between "HC"
designated properties and a residentially zoned property(ties). The
average lot depth for properties between Dooley Street and Jenkins Street
is 110 feet deep when a 290-feet deep lot is removed due to its double -
frontage configuration from East Northwest Highway and East Wall Street.
Therefore, redevelopment of a typical lot within this area will result in
approximately 18 percent of the developable area of the lot being
reserved for a rear yard setback and open space.
With the continued demand for residential in and adjacent to the City's
Historical Township, several properties on the north side of East Wall
Street have been rezoned from the "HC", Highway Commercial District to
"R-7.5" or "R-5.0", Single -Family Districts over the last 10 years. As this
trend has continued, both Planning Services staff and property owners
have raised concerns regarding the ability to improve these specific
properties without further special accommodations.
On July 19, 2022, the Planning and Zoning Commission held a workshop
to discuss the issues above. The Commission recognized that the East
Northwest Highway segment was unique in configuration and provided the
following feedback:
• Recognition that there is a demand for residential housing along East
Wall Street to the south;
• A suggestion that buildings within the "HC" district along this segment of
East Northwest Highway be limited to one story or a more restrictive
height than typically required in the "HC" district in other locations;
• A suggestion that buildings that are two -stories in height within the "HC"
district along this segment of East Northwest Highway, have a prohibition
on windows on the second floor facing adjacent residential zones;
• A desire to have solid opaque screening remain a requirement between
new non-residential development and adjacent residential zones.
Attached is a Geographic Information System (GIS) map detailing the
existing conditions mentioned above and the proposed draft revisions
depicted in a strikethrough/underline format to show deletions and
insertions found in Section 26, "HC", Highway Commercial District of the
Zoning Ordinance.
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ORDINANCE NO. 2022-061
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF
THE CITY CODE OF GRAPEVINE, TEXAS, AM22-05
AMENDING SECTION 26, HIGHWAY COMMERCIAL
DISTRICT, RELATIVE TO MINIMUM BUFFER YARD AND
REAR SETBACK REQUIREMENTS BETWEEN
COMMERCIAL USES AND ADJACENT RESIDENTIAL
DISTRICTS; REPEALING CONFLICTING ORDINANCES;
PROVIDING A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 26 of the Zoning Ordinance of the City of Grapevine regulates
the Highway Commercial District of the Zoning Ordinance; and
WHEREAS, the City Council wishes to amend Section 26 of the Zoning Ordinance;
and
WHEREAS, the City Council of the City of Grapevine deems the passage of this
ordinance as necessary to protect the public, health, safety, and welfare; and
WHEREAS, the City Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this
Ordinance, including but not limited to the Open Meetings Act.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. Section 26 of the Zoning Ordinance - "Highway Commercial District",
is hereby amended by revising Subsection (G)(5) to shall read as follows:
"G. 5. REAR YARD: A rear yard equivalent to the adjacent or contiguous district shall
be provided.
Provided, however, there shall be no rear yard requirement for lots fronting on the
south side of Northwest Highway, between Jenkins Street and Dooley Street. A
screen shall be provided regardless of the adjacent or contiguous district in
accordance with the provisions of Section 50 of this Ordinance."
Section 3. Section 26 of the Zoning Ordinance - "Highway Commercial District",
is hereby amended by revising Subsection (H) to shall read as follows:
"H. BUFFER AREA REGULATIONS: When an HC District abuts a Residential District,
an appropriate buffer and screen shall be provided in accordance with the
provisions of Section 50 of this Ordinance.
Provided, however, there shall be no buffer yard requirement for lots fronting on
the south side of Northwest Highway, between Jenkins Street and Dooley Street.
A screen shall be provided regardless of building height or buffer yard in
accordance with the provisions of Section 50 of this Ordinance."
Section 4. Section 26 of the Zoning Ordinance - "Highway Commercial District",
is hereby amended by revising Subsection (1)(1) to shall read as follows:
1. HEIGHT:
1. No principal structure shall be erected or altered to a height exceeding two (2)
stories or thirty-five (35) feet. Principal structures located adjacent to an R-20, R-
12.5, or R-7.5, or R-5.0 District shall not exceed one (1) floor level and twenty (20)
feet in height, however an increase up to five (5) feet to this requirement may be
granted upon approval of a conditional use request by the City Council."
Section 5. Section 26 of the Zoning Ordinance - "Highway Commercial District",
is hereby amended by revising Subsection (M)(4) to shall read as follows:
"M. DESIGN REQUIREMENTS: The following design requirements shall apply in the
HC District:
4. Whenever an HC Highway Commercial District is adjacent to any residentially
zoned district, a buffer strip, at least twenty (20) feet in width shall be provided
between the two (2) districts. A wall, fence, or berm shall be erected to
effectively screen the HC District from the residential area and no streets, alley,
vehicular storage area or use shall be permitted in the required buffer strip.
Provided, however, there shall be no buffer yard requirement for lots fronting on
the south side of Northwest Highway, between Jenkins Street and Dooley
Street."
Section 7. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect;
provided, however, that the ordinance or ordinances under which the cases currently filed
and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed
repealed only when all such cases filed and pending under such ordinance or ordinances
have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or
dismissal.
Ordinance No. 2022-061 2
Section 8. Any person, firm or corporation 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 ($2000.00) and a separate offense
shall be deemed committed upon each day during or on which a violation occurs or
continues.
Section 9. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of 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 10. 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 public creates an emergency which requires that this ordinance
become effective from and after the date of its 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 September, 2022.
APPROVED:
William D. Tate
Mayor
ATTEST
Tara Books
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2022-061 3
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Jenkins to Dooley Average 0&1 Ierty Depth: 123.55'
Average Depth Without the 290'.66 outlier: 110.70'
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— Lot Depths - South Main Street to Texan Trail
Road Centerlines
Parcels
Lot Count: 30 Maximum: 336.13 ft
Minimum: 42.50 ft Average: 171.05 ft
On 5/5/2022 Grapevine GIs prepared this product for informational and
planning purposes only and may not have been prepared for or be
suitable for legal, engineering, or survey purposes.
Measurments are approximate. I Imagery: Nearmap January 2022
Deletions — RED Strikethrough
Insertions— BLUE Underline
DRAFT
Subsection 26.G.5, Rear Yards
Section 26, "HC", Highway Commercial
District
G. REAR YARD: A rear yard equivalent to the adjacent or contiguous district shall be
provided.
Provided, however, there shall be no rear yard requirement for lots frontinq on the
south side of Northwest Hiqhwav, between Jenkins Street and Doolev Street. A
screen shall be provided reqardless of the adiacent or contiquous district in
accordance with the provisions of Section 50 of this Ordinance.
Subsection 26.H, Buffer Area Regulations
H. BUFFER AREA REGULATIONS: When an HC District abuts a Residential District,
an appropriate buffer and screen shall be provided in accordance with the
provisions of Section 50 of this Ordinance.
Provided, however, there shall be no buffer vard requirement for lots fronting on
the south side of Northwest Hiqhwav, between Jenkins Street and Doolev Street.
A screen shall be provided regardless of building height or buffer vard in
accordance with the provisions of Section 50 of this Ordinance.
Subsection 26.1.1, Height
I. HEIGHT:
1. No principal structure shall be erected or altered to a height exceeding two (2)
stories or thirty-five (35) feet. Principal structures located adjacent to an R-20, R-
12.5, er R-7.5, or R-5.0 District shall not exceed one (1) floor level and twenty (20)
feet in height, however an increase up to five (5) feet to this requirement may be
granted upon approval of a conditional use request by the City Council.
2. No accessory structure shall be erected or altered to a height exceeding fifteen
(15) feet.
Subsection 26.M.4, Design Requirements
M. DESIGN REQUIREMENTS: The following design requirements shall apply in the
HC District:
1. Refuse disposal areas shall be landscaped and screened from view.
144174 AM22-05.4 - Exihibit 1 - Amendments HC and Bufferyards — Exhibit 1 1
Deletions — Y[E-14 Strikethrough
Insertions — BLUE Underline
2. Mechanical and electrical equipment, including air conditioning units, shall be
designed, installed, and operated to minimize noise impact on surrounding
property. All such equipment shall be screened from public view.
3. Lighting shall be designed to reflect away from any adjacent residential area.
4. Whenever an HC Highway Commercial District is adjacent to any residentially
zoned district, a buffer strip, at least twenty (20) feet in width shall be provided
between the two (2) districts. A wall, fence, or berm shall be erected to
effectively screen the HC District from the residential area and no streets, alley,
vehicular storage area or use shall be permitted in the required buffer strip.
Provided, however, there shall be no buffer vard requirement for lots frontinq on
the south side of Northwest Hiqhwav, between Jenkins Street and Doolev
RtraPt
144174 AM22-05.4 - Exihibit 1 - Amendments HC and Bufferyards — Exhibit 1 2