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HomeMy WebLinkAboutItem 08 - AM05-04 Zoning Ordinance AmendmentsMEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, ACTING CITY MANAGER H. T. HARDY, DIRECTOR DEVELOPMENT SERVICES MEETING DATE: NOVEMBER 15, 2005 SUBJECT: ZONING ORDINANCE AMENDMENTS AM05-04: SECTION 49, SPECIAL USES RELATIVE TO FLAG LOTS; SECTION 52, TREE PRESERVATION RELATIVE TO "NON -PROTECTED" TREES; AND SECTION 60, SIGN REGULATIONS RELATIVE TO THE USE OF OBJECTS FOR SIGNAGE RECOMMENDATION Staff recommends the City Council and the Planning and Zoning Commission consider the following amendments to the comprehensive zoning ordinance: Section 49, Special Uses relative to flag lots; Section 52, Tree Preservation relative to "non -protected" trees; and Section 60, Sign Regulations relative to the use of objects for signage, and take any other action necessary. BACKGROUND: Section 49, Special Uses: Currently the ordinance has no explicit definition of a "flag lot," that being a lot that does not meet minimum lot width requirements at right-of-way; however, it is implied in the definition of "width of lot." The following is our current definitions of "Lot' and "Width of Lot': 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. WIDTH OF LOT shall mean the distance between the side property lines measured at a required building setback line, measuring parallel to the front property line, perpendicular to the side property line. At no time, however, shall the front property line be less than twenty (20) feet. A typical application of both of these definitions relative to the establishment of a flag lot would be to allow a "flag" or narrow portion of a lot, not less than twenty feet in width to serve as a driveway from the right-of-way whereupon at some point the lot would widen AM05-04.4 1 November 7, 2005 (8:58AM) to meet minimum lot width, depth, and area requirements. The concept of a flag lot is an excellent planning tool in the development of commercial property; however, its application relative to single family residential property is questionable. In extreme cases, a residential lot, usually the flag lot, is placed directly behind another lot with only a small piece of frontage on the street used for driveway access. Essentially, one house is developed behind another potentially choking off all visibility of a residence built upon the flag lot. Virtually all cities allow the application of the flag lot concept. Some control the length of the flag or control the minimum width of the flag such as we do in our ordinance. Based on the direction Staff was given at the July Planning and Zoning Commission workshop, Section 49, Special Uses has been amended to require as a special use any request for a flag lot in any of the single family residential districts except for lots wholly or partially within a cul-de-sac. Also, within this section, a flag lot is defined. See the attached ordinance. Section 52, Tree Preservation As the ordinance is currently written a "protected tree" is gny self-supporting woody perennial plant which has a caliper diameter of three inches or more when measured at a point of four and one-half feet above ground level and which normally attains an overall height of at least twenty feet at maturity, usually with one main stem or trunk and many branches. During the development process, trees can only be removed from a site when they fall within the "buildable" area (building pad site, parking/paving area) in conjunction with a building permit. Many times, given the size and scale of a construction project, mass grading and site work for commercial and residential development must be done outside the boundary or scope of the intended buildable area. Trees in this area cannot be removed without a tree removal permit and tree replacement plan approved by the Planning and Zoning Commission. This situation can create unreasonable time delays in the construction and development process when in most cases the very trees that are being protected will ultimately be removed and the trees in question usually fall into a category that are considered undesirable as part of a finished, landscaped development. Based on the direction Staff was given at the July Planning and Zoning Commission workshop, Section 52, Tree Preservation has been amended to establish a list of five species of trees that are exempt from the protection and preservation requirements of Section 52 provided that they are less than ten caliper inches in diameter and not located within a floodplain or watercourse. See the attached ordinance. Section 60, Signage Section 60, Sign Regulations establishes the criteria for signage in all zoning districts. Sign type, height, shape, square -footage, location, setback from the property line and number of signs allowed is strictly regulated. To control the use of "oddly" shaped signs, for example, placing a car on a pole for use as signage, a maximum width of twelve feet AM05-04.4 2 November 7, 2005 (8:58AM) and a maximum cabinet depth of fourteen inches has been written into the ordinance for 20 -foot pole signs to minimize these situations. Chairman Larry Oliver has pointed out a situation that has occurred on occasion at the Texas Toyota dealership on State Highway 114 where a vehicle is placed on a scissor -hoist and elevated to a position in the air between 20 -feet to 30 -feet with slow rotation all within the confines of a display parking space. No "signage" or wording is placed on the vehicle while it is in the air rotating but its intent is obviously to be used as a form of display signage to draw attention to the dealership which is not currently regulated by the zoning ordinance, Staff has amended Section 60, Sign Regulations addressing the use of objects as signage. See the attached ordinance. /rs AM05-04.4 3 November 8, 2005 (12:58PM) i •: 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. 16. Flag lots within the following zoning districts: "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. This requirement shall not apply to lots either partially or wholly within a cul- de-sac. For purposes of this section a "flap lot" shall be defined as a lot that does not meet the minimum lot width requirement established for the district at the street right-of-way or other officially approved place. 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 with the Director of Development Services, or such other official as he may designate. 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 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; O:\ORD\D RAFTS\sec49.drf 082002 10 Section 49 DRAFT COPY 11-15-05 submit a Plat and Site Plan which indicates the exact operation area needed. The Public Works Staff must approve all requests for tree removal within these areas. (b) The Protected Tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations with the approval of the Director of Development Services: (c) Except for the above, under no circumstances shall there be clear cutting of Protected Trees on a property prior to the issuance of a building permit. (d) Development Services Staff may approve the removal of Protected Trees that interfere with the construction of a building and/or the drainage of a lot. (e) The Public Works staff may approve of the removal of a Protected Tree or Trees located within a drainage easement if the removal is determined to be necessary to ensure the proper construction or maintenance of said drainage easement. �f The following species of trees are exempt from the protection and preservation requirements stated within this ordinance except when located in a floodplain or watercourse as defined by the City or other government agency and provided that the subject tree is less than ten (10) caliper inches in diameter: Hackberry Cottonwood Honey Locust Bois d'Arc Mesquite This list is subject to change and will be periodically reviewed and updated if necessary by the Planning and Zoning Commission. 2. Upon issuance of a building permit, developer shall be allowed to remove Protected Trees located on the buildable area of the property. Protected 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. Prior to any tree removal, 021500 6 Section 52 DRAFT COPY 11-15-05 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 MONUMENT AND GROUND SIGNS. In all districts where monument and ground signs are permitted, only one of the two (2) structural types shall be permitted per lot. More than one monument or 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 Development Services, 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. 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 O:\ORD\D RAFTS\sec60.drf 061504 ift Section 60 DRAFT COPY 11-15-05 and signs for purposes of advertising establishments, services or products. b. It shall be an affirmative 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 hours 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. 14. USE OF OBJECTS AS SIGNAGE. Displaying, elevating, or continuously moving objects such as cars, trucks, vans, or boats or other similar obiects for the purpose of identifying, advertising or drawing notice to a place of business shall not be permitted. D. TRAFFIC SAFETY. 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. E. EXEMPTION. 1. The following signs shall be exempt from the requirements of this section: O:\OR D\ D RAFTS\sec60. d rf 061504 11 Section 60 ORDINANCE NO. 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 49 SPECIAL USES; SECTION 52 TREE PRESERVATION AND SECTION 60 SIGN REGULATIONS; 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 49 Special Uses is hereby amended by amending paragraph B Authorized Special Uses, by the addition of subsection B16 to read as follows: B.16. Flag lots within the following zoning districts: "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. This requirement shall not apply to lots either partially or wholly within a cul-de-sac. For purposes of this section, a "flag lot" shall be defined as a lot that does not meet the minimum lot width requirement established for the district at the street right-of-way or other officially approved place." B. That Section 52 Tree Preservation is hereby amended by amending paragraph H Protected Tree Removal, by the addition of subsection H1 (f) to read as follows: "H.1(f) The following species of trees are exempt from the protection and preservation requirements stated within this ordinance except when located in a floodplain or watercourse as defined by the City or other government agency and provided that the subject tree is less than ten (10) caliper inches in diameter: Hackberry Cottonwood Honey Locust Bois d'Arc Mesquite This list is subject to change and will be periodically reviewed and updated if necessary by the Planning and Zoning Commission." C. That Section 60 Sign Regulations is hereby amended by amending paragraph C General Standards, by the addition of subsection C14 to read as follows: "C.14. USE OF OBJECTS AS SIGNAGE. Displaying, elevating, or continuously moving objects such as cars, trucks, vans, or boats or other similar objects for the purpose of identifying, advertising or drawing notice to a place of business shall not be permitted." 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 ORD. NO. 2 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 15th day of November, 2005. FAT- -T ATTEST: ORD. NO. 3