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Home My WebLink AboutORD 2011-033 ORDINANCE NO. 2011-33 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: "9. 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. 2011-33 2 G. That Section 47, Site Plan Review is hereby amended by amending subsection C.1. to read as follows: "1. 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- MF, 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. 2011-33 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. That 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 19th of July 2011. APPROVED: William D. Tate Mayor ATTEST: J• C. Brown Assistant City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2011-33 4