HomeMy WebLinkAboutItem 05 - Zoning Ordinance AmendmentsG G ITEM 0 5 'f'--
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- MEMO TO: HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER��
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: JULY 16, 2002
SUBJECT: AMENDMENT TO SECTION 23, LIMITED BUSINESS DISTRICT,
SECTION 24, NEIGHBORHOOD COMMERCIAL DISTRICT,
SECTION 25, COMMUNITY COMMERCIAL DISTRICT,
SECTION 26, HIGHWAY COMMERCIAL DISTRICT, SECTION
27, PROFESSIONAL OFFICE DISTRICT, SECTION 31, LIGHT
INDUSTRIAL DISTRICT AND SECTION 32, BUSINESS PARK
DISTRICT, RELATIVE TO ONE FLOOR LEVEL HEIGHT
LIMITATIONS
RECOMMENDATION:
Staff recommends the City Council and the Planning and Zoning Commission consider
the attached amendments to Section 23, Limited Business District, Section 24,
Neighborhood Commercial District, Section 25, Community Commercial District, Section
26, Highway Commercial District, Section 27, Professional Office District, Section 31,
Light Industrial District and Section 32, Business Park District, relative to the clarification
of a one -floor level height limitation for development adjacent to single family residential
districts, and take any action necessary.
BACKGROUND:
The zoning ordinance limits development within the above referenced districts to one
floor level and a specified height when such development is proposed adjacent to a
residential zoning district. The intention of this requirement has always been to limit
these developments to one floor level; however, as written, the ordinance has proven to
be misleading. For instance, the "CC" Community Commercial District specifies that
structures adjacent to single-family residential districts "...shall not exceed one (1) floor
level or twenty-five (25) feet in height." The use of the word 'or' has led some to believe
that a second floor or loft can be incorporated into the structure as long as the structure
is twenty-five feet in height or less. Replacing the word 'or' with the word 'and' should
clarify that the floor level and height limitations are applied cumulatively.
Staff has drafted an amendment to Section 23.1, Limited Business District, Section 24.1,
Neighborhood Commercial District, Section 25.1, Community Commercial District,
Section 26.1, Highway Commercial District, Section 27.1, Professional Office District,
Section 31.1, Light Industrial District and Section 32.1, Business Park District to clarify
that development adjacent to residential districts shall not exceed one floor level and a
specified height.
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R:\AGENDA\07-16-02\AM02-04.4.doc
July 9, 2002 (4:50PM)
DRAFT - 05128/02 Sec. 23 — Limited Business District
feet which shall be utilized a s a landscaped setback area. Front yards shall
not be used for any building, structure, fence, wall or storage area, except
that signs may be permitted in this area. Front yards shall be landscaped
with grass, shrubbery, vines, or trees and no part shall be paved or surfaced
except for minimum access, driveways and sidewalks in accordance with
Section 53 of this Ordinance.
4. SIDE YARDS: Every lot shall have two side yards, each of which shall be
not less than ten (10) feet in width.
5. REAR YARD: Every lot shall have a rear yard of not less than twenty-five
(25) feet in depth.
6. DISTANCE BETWEEN BUILDINGS: The minimum distance between
detached principal or accessory buildings on the same lot shall be not less
than twenty (20) feet.
H. BUFFER AREA REGULATIONS: Whenever an LB District abuts a residential
district, a wall, fence, or berm at least six (6) feet in height shall be erected to
effectively screen the LB District from the residential area. In addition, no building
or structure shall be located nearer to any residentially zoned property than a
distance equal to the height of such building or structure.
HEIGHT:
1. No principal structure shall be erected or altered to a height exceeding two
(2) stories or twenty-five (25) feet except buildings located adjacent to an R-
20, R-12.5, or R-7.5 District, buildings shall not exceed one (1) floor level of
and twenty (20) feet in height.
2. No accessory structure shall be erected or altered to a height exceeding
fifteen (15) feet.
J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance
with Section 53 of this Ordinance.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with
the provisions of Sections 56 and 58 and shall be landscaped in accordance with
Section 53 of this Ordinance.
L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with
112001 4 Section 23
DRAFT - 05/28/02 Sec. 24 — Neighborhood Commercial District
detached principal or accessory buildings on the same lot shall be not less
than twenty (20) feet.
H. BUFFER AREA REGULATIONS: Whenever any C -N District abuts a residential
district, an appropriate buffer and screen shall be provided in accordance with the
provisions of Sections 24(M)4., and 53 of this Ordinance. In addition, no building
or structure shall be located nearer to any residentially zoned property than a
distance equal to one and one-half (1-1/2) times the height of such building or
structure.
HEIGHT:
1. No principal structure shall be erected or altered to a height exceeding thirty
(30) feet except buildings located adjacent to an R-20, R-12.5, or R-7.5
Residential district shall not exceed one (1) floor level ef and twenty-five (25)
feet in height.
2. No accessory structure shall be erected or altered to a height exceeding
fifteen (15) feet.
J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance
with Section 53 of this ordinance.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with
the provisions of Sections 56 and 58 and shall be landscaped in accordance with
Section 53 of this Ordinance.
L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with
the provisions of Section 57 and 58 of this Ordinance.
M. DESIGN REQUIREMENTS: The following design requirements shall apply in the
C -N District:
1. No outdoor storage, except for refuse disposal, shall be permitted. Refuse
disposal areas shall be landscaped and screened from view.
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.
ifillQ0111
5
Section 24
DRAFT - 05128/02 Sec. 25 — Community Commercial District
lot.
.............
6. DISTANCE BETWEEN BUILDINGS: The minimum distance between
detached principal or accessory buildings on the same lot shall be not less
than forty (40) feet.
H. BUFFER AREA REGULATIONS: Whenever a CC District abuts a residential
district, an appropriate buffer and screen shall be provided in accordance with the
provisions of Section 53 and 25-(M)4 of this Ordinance. In addition, no building or
structure shall be located nearer to any residentially zoned property than a distance
equal to two (2) times the height of any building or structure.
IMI
1. No principal structure shall be erected or altered to a height exceeding fifty
(50) feet. Principal structures located contiguous to an existing R-20, R-12.5,
or R-7.5 Residential district shall not exceed one (1) floor level ef and
twenty-five (25) 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.
J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance
with Section 53 of this Ordinance.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with
the provisions of Sections 56 and 58 and shall be landscaped in accordance with
Section 53 of this Ordinance.
L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with
the provision of Section 57 of this Ordinance.
M. DESIGN REQUIREMENTS: The following design requirements shall apply in the
C -C District:
1. Outdoor storage and refuse disposal shall be landscaped and screened from
view.
2. Mechanical and electrical equipment, including air conditioning units, shall
be designed, installed and operated to minimize noise impact on surrounding
041701 6 Section 25
DRAFT - 05128102
HEIGHT:
Sec. 26 — Highway Commercial District
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 District shall not exceed one (1) floor level of 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.
J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance
with Section 53 of this Ordinance.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with
the provisions of Section 56 and 58 and shall be landscaped in accordance with
Section 53 of this Ordinance.
L. OFF-STREET LOADING: Off-street loading shall be provided in accordance with
the provisions of Section 57 of this Ordinance.
M. DESIGN REQUIREMENTS: The following design requirements shall apply in the
HC District:
1. Refuse disposal areas shall be landscaped and screened from view.
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.
031902 8 Section 26
00 DRAFT - 05/28/02 Sec. 27 — Professional Office District
3. FRONT YARD: Every lot shall have a front yard of not less than twenty-five
(25) feet which shall be utilized as a landscaped setback area. Front yards
shall not be used for any buildings, structure, fence, wall or storage area,
except that signs may be permitted in this area. Front yards shall be
landscaped with grass, shrubbery, vines, or trees and no part shall be paved
or surfaced except for minimum access, driveways and sidewalks.
4. SIDE YARDS: Every lot shall have two (2) side yards, each of which shall
be not less than ten (10) feet in width.
5. REAR YARD: Every lot shall have a rear yard of not less than twenty-five
(25) feet in depth.
6. DISTANCE BETWEEN BUILDINGS: The minimum distance between
detached principal or accessory buildings on the same lot shall be not less
than twenty (20) feet.
H. BUFFER AREA REGULATIONS: Whenever a P -O District abuts a Residential
District, an appropriate buffer screen shall be provided in accordance with the
provisions of Section 53 of this ordinance. In addition, no building or structure shall
be located nearer to any residentially zoned property than a distance equal to two
(2) times the height of such building or structure or twenty-five (25) feet, whichever
is greater.
■■ t■
1. No principal structure shall be erected or altered to a height exceeding two
(2) stories or thirty (30) feet. Principal structures located contiguous to a R-
20, R-12.5, or R-7.5 District shall not exceed one (1) floor level er and twenty
(20) feet in height, however an increase up to five (5) feet to the above
stated height requirements may be granted upon approval of a conditional
use permit by the City Council.
2. No accessory structure shall be erected or altered to a height exceeding
fifteen (15) feet.
J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance
with Section 53 of this ordinance.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with
the provisions of Section 56 and 58 and shall be landscaped in accordance with
041602 4 Section 27
DRAFT - 05/28/02 Sec. 31 — Light Industrial District
6. DISTANCE BETWEEN BUILDINGS - The minimum distance between
buildings or structures on adjacent lots shall be not less than thirty (30) feet.
H. BUFFER AREA REGULATIONS: Whenever the LI Light Industrial District abuts a
residentially zoned district, a landscaped buffer zone of not less than twenty-five
(25) feet in depth shall be provided from the lot line. No buildings or structures,
parking, loading or storage shall occur in the buffer area and such area shall be
landscaped to provide visual and acoustical privacy to adjacent property. Screening
shall be provided in accordance with the provisions of Section 50 of this Ordinance.
In addition, no building or structure shall be located nearer to any residentially
zoned property than a distance equal to one and one-half (1 -1 /2) times the height
of any building or structure.
HEIGHT: No principal structure shall be erected or altered to a height exceeding fifty
(50) feet. Principal structures located contiguous to an existing R-20, R-12.5 or R-
7.5 Single Family District shall not exceed one (1) story ef and thirty-five (35) feet
in height, however an increase up to five (5) feet to the above stated height
requirements may be granted upon approval of a conditional use request by the City
Council.
LANDSCAPING REQUIREMENTS: Landscaping shall be required in accordance
with Section 53 of this Ordinance.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance with
Sections 56 and 58 of this Ordinance.
L. OFF-STREET LOADING: No off-street loading is required in the LI Light Industrial
District. If off-street loading is desired, it shall be provided in accordance with the
following provisions as well as the provisions of Section 57 and 58 of this ordinance.
1. Planter islands, nine (9) feet by eighteen (18) feet in dimension, shall be
provided at the terminus of all rows of loading doors/loading spaces. Such
islands shall be oriented perpendicular to the building and shall contain at
least two (2) evergreen trees. All planter islands shall comply with the
requirements of Section 531 and Section 53.G of this Zoning Ordinance.
2. For lots that abut a major or minor arterial street, as identified on the
Thoroughfare Plan, no loading facilities shall directly face the street. A door
is considered to be facing the street when it is at an angle of 45" or less in
relation to the adjacent street.
041701 7 Section 31
DRAFT - 05/28/02 Sec. 32 — Business Park District
Parks permitted as a conditional use shall meet the requirements of
vt',v'.
Section 32.N.1.
5. REAR YARD: Every lot shall have a rear yard of not less than twenty
five (25) feet in depth. Planned Business Parks permitted as a
conditional use shall meet the requirements of Section 32.N.1.
6. DISTANCE BETWEEN BUILDINGS: None Required.
H. BUFFER AREA REGULATIONS: Whenever a BP Business Park District
abuts a Residential District, an appropriate buffer screen shall be provided
in accordance with the provisions of Section 53 and Section 32.M.5. of this
Ordinance. In addition, no building or structure shall be located nearer to
any residentially zoned property than a distance of one hundred (100) feet.
Any use other than open space or off-street parking proposed to be located
within the one hundred (100) foot buffer shall be permitted as a conditional
use meeting the requirements of Section 48.
1. HEIGHT:
1. No principal structure shall be erected or altered to a height exceeding
fifty (50) feet. Principal structures located adjacent to an R-20, R-
12.5, or R-7.5 District shall not exceed one (1) floor level er and
twenty (20) feet in height, however an increase up to five (5) feet to
the above stated height requirements may be granted upon approval
of a conditional use request by the City Council.
2. For buildings or structures exceeding fifty (50) feet, a Conditional Use
Permit must be obtained. In addition, the building height granted
under a conditional use permit shall not exceed one-half (1/2) the
shortest distance between the structure and the nearest adjacent
residentially zoned district.
J. LANDSCAPING REQUIREMENTS: Landscaping shall be required in
accordance with Section 53 of this Ordinance.
K. OFF-STREET PARKING: Off-street parking shall be provided in accordance
with the provisions of Section 56 and 58 and shall be landscaped in
accordance with Section 53 of this Ordinance. In addition, the following shall
be required:
1. No off-street parking area shall be located closer than twenty five (25)
feet to any residentially zoned property nor ten (10) feet to any
041701 6 Section 32
6fv�a, -D
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73,
THE COMPREHENSIVE ZONING ORDINANCE, SAME
BEING ALSO KNOWN AS APPENDIX "D" OF THE CODE OF
ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY
PROVIDING FOR AMENDMENTS AND CHANGES TO
ZONING REGULATIONS BY AMENDING SECTION 23,
LIMITED BUSINESS DISTRICT; SECTION 24,
NEIGHBORHOOD COMMERCIAL DISTRICT; SECTION 25,
COMMUNITY COMMERCIAL DISTRICT; SECTION 26,
HIGHWAY COMMERCIAL DISTRICT; SECTION 27,
PROFESSIONAL OFFICE DISTRICT; SECTION 31, LIGHT
INDUSTRIAL DISTRICT; AND SECTION 32, BUSINESS
PARK DISTRICT; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH AN OFFENSE OCCURS OR
CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
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 Code of
Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars,
and all other sections, subsections, paragraphs, definitions, words and phrases of said
Appendix "D" are not amended but are hereby ratified, verified and affirmed:
A. That Section 23, "LB" Limited Business District, is hereby amended by amending
Subsection 23.1.1 to read as follows:
"I. HEIGHT:
1. No principal structure shall be erected or altered to a height
exceeding two (2) stories or twenty-five (25) feet except buildings
located adjacent to an R-20, R-12.5, or R-7.5 District, buildings
shall not exceed one (1) floor level er and twenty (20) feet in
height."
B. That Section 24, "CN" Neighborhood Commercial District, is hereby amended by
amending Subsection 24.1.1 to read as follows:
IT HEIGHT:
1. No principal structure shall be erected or altered to a height
exceeding thirty (30) feet except buildings located adjacent to an
R-20, R-12.5, or R-7.5 Residential district shall not exceed one (1)
floor level of and twenty-five (25) feet in height."
C. That Section 25, "CC" Community Commercial District, is hereby amended by
amending Subsection 25.1.1 to read as follows:
"I. HEIGHT:
1. No principal structure shall be erected or altered to a height
exceeding fifty (50) feet. Principal structures located contiguous
to an existing R-20, R-12.5, or R-7.5 Residential district shall not
exceed one (1) floor level of and twenty-five (25) 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."
D. That Section 26, "HC" Highway Commercial District, is hereby amended by
amending Subsection 26.1.1 to read as follows:
IT 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 District
shall not exceed one (1) floor level of 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."
E. That Section 27, "PO" Professional Office District, is hereby amended by amending
Subsection 27.1.1 to read as follows:
IT HEIGHT:
1. No principal structure shall be erected or altered to a height
exceeding two (2) stories or thirty (30) feet. Principal structures
wlocated contiguous to a R-20, R-12.5, or R-7.5 District shall not
ORD. NO. 2
exceed one (1) floor level eF and twenty (20) feet in height,
however an increase up to five (5) feet to the above stated height
requirements may be granted upon approval of a conditional use
permit by the City Council."
F. That Section 31, "Ll" Light Industrial District, is hereby amended by amending
subsection 31.1 to read as follows:
Ill. HEIGHT: No principal structure shall be erected or altered to a height
exceeding fifty (50) feet. Principal structures located contiguous to an
existing R-20, R-12.5 or R-7.5 Single Family District shall not exceed
one (1) story GF and 'thirty-five (35) feet in height, however an increase
up to five (5) feet to the above stated height requirements may be
granted upon approval of a conditional use request by the City
Council."
G. That Section 32, "BP" Business Park District, is hereby amended by amending
subsection 32.1.1 to read as follows:
IT HEIGHT:
No principal structure shall be erected or altered to a height
exceeding fifty (50) feet. Principal structures located adjacent to
an R-20, R-12.5, or R-7.5 District shall not exceed one (1) floor
level of and twenty (20) feet in height, however an increase up to
five (5) Te—et to the above stated height requirements may be
granted upon approval of a conditional use request by the City
Council."
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 an sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which an offense 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 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 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. 3
and general welfare of the public which requires that this ordinance shall 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 16th day of July, 2002.
ATTEST:
ORD. NO. 4