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HomeMy WebLinkAbout2003-04-30i 1 1t r AGENDA CITY OF GRAPEVINE FIRST TRI -ANNUAL PLANNING AND ZONING COMMISSION WORKSHOP WEDNESDAY, APRIL 30, 2003 AT 6:OOP.M. CITY MANAGER'S CONFERENCE ROOM SECOND FLOOR - CITY HALL 200 SOUTH MAIN STREET, GRAPEVINE, TEXAS II. CALL TO ORDER III. NEW BUSINESS A. Planning and Zoning Commission to discuss an amendment to the Zoning Ordinance relative to the inclusion of a new zoning district, currently referred to as the "MXU" Mixed Use District, and take any necessary action. B. Planning and Zoning Commission to discuss an amendment to the Zoning Ordinance, Section 60, Sign Standards, relative to banner signs, and take any necessary action. C. Planning and Zoning Commission to discuss an amendment to the Zoning Ordinance, Section 12, Definitions, relative to Definition 195. Height, and take any necessary action. VI. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF DEVELOPMENT SERVICES AT (817) 410-3155 AT LEAST 24 HOURS IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et. seq. ACTS OF THE 1993 TEXAS LEGISLATURE, THE PLANNING AND ZONING WORKSHOP AGENDA WAS PREPARED AND POSTED ON THIS THE 25TH DAY OF APRIL 2003 AT 5:00 P.M. DIRECTOR OF DECE4dPMENT SERVICES O:/zcu/ Agnwk0429.03 MEMO TO: MEETING DATE SUBJECT RECOMMENDATION: PLANNING AND ZONING COMMISSION H. T. (TOMMY) HARDY, DIRECTOR DEVELOPMENT SERVICES CINDY JACKSON, AICP, PLANNER II APRIL 30, 2003 DRAFT AMENDMENT TO CREATE NEW "MXU" MIXED USE DISTRICT Staff recommends the Planning and Zoning Commission discuss the draft of the new Section 40, "MXU" Mixed Use District, and take any action necessary. BACKGROUND: Attached is a draft copy of the new Section 40, "MXU" Mixed Use District ordinance. Sometimes known as New Urbanism, the purpose of this type of district is to permit a mixture of shops, offices and apartments located within both the same neighborhood and the same building. The district would require that uses be incorporated within an overall plan that includes pedestrian friendly street design with buildings close to the street; porches, windows and doors; tree -lined streets; on -street parking and hidden parking lots. The design emphasis in this type of development is on aesthetics, human comfort, and creating a sense of place through the use of both landscaping and "human scale" architecture. A viable Mixed Use development incorporates buildings, residences, shops, and services close together for ease of walking, to enable a more efficient use of services and resources, and to create a more convenient, enjoyable place to both live and work. In developing the "MXU" Mixed Use District, Staff studied several different areas in the Metroplex that had been developed as Mixed Use Districts, as well as the guidelines published by the American Planning Association. The primary guidelines established in Section 40 came from both the West Village Ordinance of the City of Dallas, and the Urban Center District Ordinance of the Town of Addison, used in the development of Addison Circle. In order to establish a new Mixed Use District in accordance with the proposed ordinance, an applicant must submit a zone change request with the same documentation that would be required for a Conditional Use Permit application. In using the same documentation standards as those for a Conditional Use Permit, the applicant must provide detailed Site Plans, building elevations, and architectural plans, including floor plans. The proposed use(s) of each building would be indicated on the Site Plan. O:\ZCU\wk.MXU.doc April 24, 2003 (11:56AM) A-1 The design criteria of Section 40 are far different than those for any other zoning district within the City Of Grapevine. The design concepts are very specific in order to assure that the resulting district is compatible with both residential and retail/office type uses. For example: buildings fronting on a public street must have ground level retail or office uses; free-standing retail buildings or restaurants are prohibited; those buildings designed for office use must be carefully planned to ensure compatibility with surrounding areas. Specific standards for the exterior appearance of the buildings would ensure architectural interest at the street level and the creation of a desirable street presence. If this district is adopted by the Planning and Zoning Commission and the City Council, an amendment to the Master Plan will be necessary due to the mixed use component of the ordinance. O:\ZCU\wk.MXU.doc April 24, 2003 (11:56AM) A-2 DRAFT Section 40, MXU Mixed Use District Regulations April 23, 2003 PURPOSE: The purpose of the Mixed Use MXU District is to encourage the mixing of residential, retail, and office uses within an urban framework which is small in scale and compatible with adjacent developments. This section is also intended to promote flexibility in the development process. USES GENERALLY: In a "MXU" Mixed Use District no land shall be used and no building shall be erected for or converted to any use other than as hereinafter provided. The following uses of Land are authorized as permitted uses within the Mixed Use District, strictly in accordance with an approved Site Plan as provided for herein below. Uses are further classified according to general categories of land uses. To the extent expressly authorized by these district regulations, a general use category shall be identified on a Site Plan. Upon approval of such plan, any use appearing in the use list, which is classified under such general category, is authorized to be established in accordance with the Site Plan, and any conditions attached thereto. A. PRINCIPAL USES: 1. Residential uses: a. Townhouse/Rowhouse. b. Multifamily uses. 2. Commercial uses: a. Hotel. b. Restaurants excluding drive-ins or drive-through facilities. 3. Retail uses: a. Antique shop. b. Aquarium. C. Art Gallery. d. Bakery, retail sales only. O:/Ord/Drafts/Draft #17 1 A-3 DRAFT April 23, 2003 f. Barber and Beauty shop. g. Bird and pet shops, retail. h. Book or stationery store. i. Camera Shop. j. Candy, cigars and tobaccos. k. Caterer and wedding service (office only). I. Cleaning, dying and laundry pick-up station for receiving and delivery of articles to be cleaned, dyed and laundered, but no actual work to be done on the premises. M. Department Store. n. Drug store. o. Electrical goods and fixtures for consumer use. p. Electronics store. q. Film developing and printing. r. Florist, retail sales only. S. Art Gallery. t. Grocery store. U. Hardware, sporting goods, toys, paints, wallpaper, clothing stores. V. Household and office furniture, furnishings and appliances, retail sales only. W. Jewelry, optical goods, photographic supplies. X. Library, rental. Y. Novelty or variety shop. Z. Piano and musical instruments. aa. Printing shop, retail sales only. O:/Ord/Drafts/Draft #17 2 A-4 DRAFT April 23, 2003 bb. Professional offices for architect, attorney, engineer and real estate. cc. Photographers and artist studios. dd. Public garage, parking, no repairs. ee. Retail store or shop. ff. Seamstress, dressmaker, or tailor. gg. Shoe repair shop. hh. Studio for the display and sale of glass, china, art objects, cloth and draperies. ii. Studios, dance, music, drama. jj. Wearing apparel, including clothing, shoes, hats, millinery and accessories. kk. Copy shop. 4. Office: a. Civic. b. Mixed use (with residential). C. Mixed use (without residential). B. ACCESSORY USES: The following uses shall be permitted as accessory uses, strictly in accordance with an approved Site Plan as provided for herein below: 1. Community, social, hobby or laundry facilities for use by occupants of a development within the district. 2. Recreation space and facilities including exercise facilities and weight rooms, tennis courts, racquetball, handball and volleyball courts, spas and swimming pools, for use by occupants of a development within the district. 3. Parking and parking structures. O:/Ord/Drafts/Draft #17 3 A-5 April 23, 2003 4. Other uses customarily incidental to the permitted uses. C. CONDITIONAL USES: The following uses may be permitted, provided they meet the provisions of Section 48 of the Zoning Ordinance, and a Conditional Use Permit is issued, and is strictly in accordance with an approved Site Plan as provided herein below. Day care facility. 2. Alcoholic beverage sales provided a special permit is issued in accordance with Section 42.13 of the Zoning Ordinance. 3. Health clubs. 4. Retirement home. 5. Medical offices. D. REQUEST FOR MIXED USE DISTRICT ZONING CLASSIFICATION: The procedure to follow to establish a Mixed Use Zoning (MXU) classification shall be the same as that required to amend, repeal or alter the zoning on a tract, or parcel of land as specified under Section 48 of the Zoning Ordinance relating to Conditional Uses, except as otherwise provided for herein. In the event of a conflict between Section 48 and this ordinance, the terms of this ordinance shall take precedence. MXU zoning shall permit development only in accordance with a Site Plan that has been approved by the City Council. Property zoned MXU may only be used and/or developed in accordance with its approved Site Plan. No amendment(s) to an approved Site Plan are permitted without City Council approval. A request to amend a Site Plan in a MXU district is a request to re -zone the tract. Uses permitted under an approved Site Plan are only permitted in strict accordance with the corresponding, approved Site Plan. If the project is to be developed in phases, a proposed phasing plan that identifies the anticipated sequence of development is required at the time of application. The phasing plan shall delineate areas, building sites, land use and improvements to be constructed in independent phases, and the scheduled time frames, and sequencing of such phases. E. SITE PLAN REQUIREMENTS: No application for a building permit for construction of a principal building shall be approved unless: A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County. O:/Ord/Drafts/Draft #17 4 A-6 DRAFT April 23, 2003 2. A Site Plan meeting the requirements of Section 47 of the Zoning Ordinance has been approved as specified under Section 48, Conditional Uses. 3. A Landscape Plan, meeting the requirements of Section 53 of the Zoning Ordinance and Section N, has been approved. F. PERIOD OF VALIDITY. No Site Plan for the Mixed Use District shall be valid for a period longer than one (1) year from the date on which the City Council grants approval, unless within such one (1) year period: (1) a Building Permit is obtained and the erection or alteration of a structure is started, or (2) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one (1) year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a zone change. Upon expiration of an MXU Site Plan, the property cannot be developed until a change in zoning is approved by the City Council. There shall be no vested right to uses permitted by a Site Plan under MXU upon the expiration of the Site Plan. G. GENERAL CONDITIONS: To insure that development within the "MXU" Mixed Use District is consistent with the City's Comprehensive Master Plan, the following special conditions shall be established: 1. Ground Level Retail: Buildings fronting on streets must be designed to accommodate ground level retail. The ground level floor area may be used for office uses. 2. Free Standing Retail: Free standing retail is prohibited. 3. Maximum Retail Floor Area: The maximum allowable gross floor area per retail establishment is 5,000 square feet. Any retail establishment greater than 5,000 square feet shall be considered a Conditional Use. 4. Office Uses: A building which has "office" as a predominant use shall not be permitted unless a detailed facilities study which includes a traffic impact analysis demonstrating that the project can be adequately supported by the utilities and transportation facilities in a timely manner is approved by the city. O:/Ord/Drafts/Draft #17 5 A-7 April 23, 2003 H. DENSITY AND AREA STANDARDS: The density and area standards shall apply: 1. Maximum Lot Coverage: The combined area occupied by all main and accessory structures shall not exceed eighty (80) percent of the total lot area. a. The area of an above grade parking structure is included in the calculations of lot coverage b. The area of a porch or arcade fronting a public street is not included in the calculation of lot coverage. 2. Maximum Density/FAR — The gross maximum density/floor area ratio (FAR) for the Mixed Use District shall be 1.5. 3. Minimum Floor Area per Dwelling Unit: a. Townhouse /Rowhouse - 1,600 square feet b. Multifamily use: 1. Efficiency - 600 square feet 2. 1 Bedroom - 750 square feet 3. 2 Bedroom - 900 square feet 4. 3 Bedroom - 1,000 square feet 4 Height: Minimum and maximum height of buildings shall be: a. Townhouse/Rowhouse — Minimum height of 24 -feet and maximum height of 42 -feet. b. Multifamily use — Minimum height of 40 -feet and maximum height of 92 -feet*. G. Hotel use — Minimum height of 40 -feet and maximum height of 92 -feet*. d. Retail use — Minimum height of 40 -feet and maximum height of 92 -feet*. e. Office use — Minimum height of 40 -feet and maximum height of 92 -feet*. O:/Ord/Drafts/Draft #17 6 A-8 DRAFT April 23, 2003 f. Mixed use — Minimum height of 40 -feet and maximum height of 92 -feet*. *No building shall exceed fifty (50) feet in height unless the additional height is set back from the setback line/build to line one (1) additional foot for each two (2) feet of height above the 50 -foot limit. A turret, spire or tower may exceed maximum height of a building provided that any such structure is no more than 15 -feet higher than the maximum permitted height and has a floor area which is ten percent, or less, of the ground floor area of the building of which it is a part. AREA REGULATIONS: The following minimum standards shall be required: 1. Minimum Lot Width and Depth: Use Minimum Width of Lot (Feet) Minimum Depth of Lot (Feet) Townhouse/ Rowhouse 25 60 Multifamily use 200 200 Hotel use 200 200 Retail use 200 200 Office use 200 200 Mixed use 200 200 2. Setbacks: a. Build -to line: The build -to line for primary buildings, structures, walls and fences shall be ten (10) feet on all public street frontages. Twenty-five (25) percent of any street frontage of a building shall be located five (5) feet from the front property line. 1. The zone between the right-of-way line and the build - to line shall be landscaped in accordance with Section N of this section. 2. There shall be no build-to-line/setback for temporary buildings, structures or tents erected in accordance with Section Q, provided sidewalks are not obstructed. O:/Ord/Drafts/Draft #17 7 A-9 DRAFT April 23, 2003 b. Perimeter Setbacks: Primary buildings and parking structures shall be setback from the district boundary lines a minimum of ten (10) feet. C. Accessory buildings and detached garages — accessory buildings and parking structures shall be set back from lot lines as provided below for the applicable use of the lot. The zone between the right-of-way line and the setback line shall be landscaped in accordance with Section N. 1. Townhouse/Rowhouse — 40 -feet from public right-of- way 2. Multifamily use — same as setback for primary buildings 3. Hotel use - same as setback for primary buildings 4. Retail use - same as setback for primary buildings 5. Office use - same as setback for primary buildings 6. Mixed use - same as setback for primary buildings d. Overhangs and fireplaces: The minimum setback requirements shall apply in all cases, except that fireplaces, eaves, bays, balconies and fireproof stairways located above the first floor may extend up to a maximum of five (5) feet into the required setbacks. e. Patios: Patios may not be constructed within the required setback zones. This limitation, however, does not apply to sidewalk cafes. J. OPEN SPACE: 1. Land proposed to be dedicated as public open space shall be clearly shown on the Site Plan. 2. Sufficient land for open space shall be provided in each phase of the development to assure that the recreational needs of district residents are satisfied, taking into consideration the nature of open space required to serve the district, and the amount of land previously provided, or to be provided, in conjunction with the phase of the development. O:/Ord/Drafts/Draft #17 A-10 DRAFT April 23, 2003 3. In its approval of the Site Plan, the City shall impose such conditions as deemed necessary to assure that the intent and purpose of this section is satisfied. K. PARKING: Off-street and on -street facilities shall be provided for multifamily uses, hotel uses, retail uses, office uses, civic uses and mixed uses, in accordance with this section. 1. All at -grade parking lots fronting streets designated on the thoroughfare plan shall be set back not less then ten- (10) feet from the right-of-way line of such roadways, and screened from view as outlined in Section N. 2. Parking garages that have frontage on public streets shall comply with standards established in Section 1.2.b and Section N. a. A maximum of two hundred (200) feet of frontage for parking structures shall be allowed along any one -block. b. Ramps shall not be placed on the face of parking structures fronting, or visible from, public streets. C. Steel parking garages and steel guard cables on garage facades are prohibited. 3. Off-street below grade parking is permitted to the lot lines, but must be designed to allow planting of landscape as defined in Section N. 4. Off-street parking spaces for the applicable use classification shall meet the following minimum number of spaces: a. Residential — One (1) space per bedroom to a maximum of two (2) spaces per unit. b. Hotel — One (1) space per hotel room plus one (1) space per every 300 square feet of conference/banquet facilities. C. Retail - One (1) space for every 200 square feet of gross floor area. d. Office — One (1) space for every 300 square feet of gross floor area. e. Mixed use — Number of spaces resulting from application of ratios provided above for respective uses in the development. O:/Ord/Drafts/Draft #17 9 A-11 DRAFT April 23, 2003 f. Conditional uses — As specified in Section W, Design Requirements for conditional uses. 5. On -Street Parking: On -street parking within three hundred (300) feet of the proposed use may be counted to meet the parking requirements for retail uses and other conditional uses. Assignment of on -street parking shall be at the time of approval of the Site Plan and shall be allocated at the time of the Site Plan's approval. 6. Shared Parking: Uses may join in establishing shared parking areas if it can be demonstrated that the parking for two or more specific uses occurs at alternating time periods. Required parking shall be determined based on parking demand for the peak parking period, as determined by a parking analysis study approved by the Director of Development Services. L. STREETS: All streets and blocks in the Mixed Use District shall conform to the provisions of this section. 1. Street Standards: It is the intent of this ordinance to encourage pedestrian oriented streetscapes within the Mixed Use District. Standards for streets within the district shall be as set forth in Appendix E, Construction Standards of the City Of Grapevine Subdivision Ordinance. Alternate street widths and standards may be considered at the time of application. 2. Street Type and Pattern: The types and pattern of all streets in the district shall be in conformity with the Thoroughfare Plan for the City. The location of streets on the Thoroughfare Plan is approximate. Precise location of streets shall be determined in conjunction with approval of the Site Plan. Street patterns shall be based upon a small-scale grid system of interconnecting streets. 3. Block Length: The length of a block shall not be less than two hundred (200) feet, or more than six hundred (600) feet. M. EXTERIOR APPEARANCE 1. Materials: a. At least ninety (90) percent of the exterior cladding of all exterior walls fronting or visible from public streets (including above grade parking structures) shall be brick construction. An applicant however may submit a design that employs alternative construction materials for exterior cladding with an application for a Mixed Use District designation. The O:/Ord/Drafts/Draft #17 10 A-12 DRAFT April 23, 2003 alternative may be approved by the City upon determination that such construction will result in an appearance that is compatible with surrounding buildings and the overall character of the district. 1. Upon a finding that the alternative design will result in an appearance that is compatible with surrounding buildings and the overall character of the district, waivers may be granted for alternatives employing a minimum of forty (40) percent brick cladding, provided that the ground floor of the structure (up to a height of twelve [12] feet), is a minimum of ninety (90) percent brick. b. At least eighty (80) percent of the exterior cladding of all walls not fronting, or not visible from public ways (including above grade parking structures) shall be brick construction, exterior cement plaster, or a combination thereof. C. The exterior cladding, (excluding glass), of all buildings, (including above grade parking structures), shall be composed of not more than three (3) materials, (excluding roofs). d. The following materials are prohibited as primary cladding materials: 1. Aluminum siding or cladding. 2. Galvanized steel or other bright metal. 3. Wood or plastic siding. 4. Wood roof shingles. 5. Unfinished concrete block (architecturally finished concrete block is permitted as a cladding material). e. The following materials are prohibited as primary roofing materials: 1. Wood roof shingles. 2. Composition shingles on any portion of a roof visible from any adjacent street. Where composition shingles are allowed, they must meet a minimum O:/Ord/Drafts/Draft #17 11 A-13 DRAFT April 23, 2003 standard of U.L. Class A fire rating and U.L. wind rating. 2. Colors: a. The dominant color of all buildings (including above grade parking structures) shall be shades of red, beige, gray with red tones (warm gray) and/or brown. Black and stark white shall not be used. There are no restrictions on accent colors, except that fluorescent colors are prohibited. b. The roof colors shall be a shade of cool gray, warm gray, brown or red. 3. Windows: a. Where a retail use occupies the first floor, at least seventy (70) percent of the first floor exterior wall facing a thoroughfare, street, boulevard or parking plaza shall be transparent glazing. b. The exterior wall surface of all buildings above the first floor shall not be more than fifty (50) percent glass. C. Glass is to be clear or tinted, not reflective. 4. Walls: Walls attached to buildings shall be developed as architectural extensions of the buildings, constructed of the same material and in the same style. 5. Lighting: All on-site lighting must meet the requirements of Section 55.A.5 of the Zoning Ordinance. N. LANDSCAPE REQUIREMENTS: Landscaping within the Mixed Use District shall comply with the provisions in this section and with the standards contained in Section 53, Landscaping Regulations of the City of Grapevine Zoning Ordinance. Where conflicts exist between this article and the landscaping regulations, requirements in this article shall be applied. 1. Street Trees: Street trees shall be large shade tree species having a minimum caliper of three (3) inches, selected in accordance with the city's landscape regulations. 2. Plant Material: Front yards shall be landscaped except at building entries, seating areas, and adjacent to commercial uses, where the front yard may be paved. Plant materials shall consist of shade O:/Ord/Drafts/Draft #17 12 A-14 DRAFT April 23, 2003 trees, ornamental trees, shrubs, evergreen ground covers, vines, and seasonal color. 3. Paving Material: a. Paving material in front yards and on sidewalks shall be warm toned, natural materials such as brick, stone and concrete. b. Asphalt and gravel as paving materials are prohibited. 4. Parking Lot Landscape: a. Surface parking lots shall be screened from all adjacent public streets and neighboring sites. The screen must extend along all edges of the parking lot and must be three (3) feet in height, eighty (80) percent opaque, and may be accomplished through the use of masonry walls, ornamental metal, evergreen plant materials, or a combination thereof. Planting beds for screen planting shall be a minimum of three (3) feet in width. b. Interior parking lot landscaping shall be consistent with Section 53, Landscape Regulations of the City of Grapevine Zoning Ordinance. C. Parking spaces shall not exceed twelve (12) spaces in a row without being interrupted by a landscaped island (nine -foot minimum). Islands shall be planted with a minimum of one shade tree per every twelve (12) cars. O. Screening: Mechanical equipment shall be screened from view of all public roadways and located to minimize noise intrusion off the lot. The required screening must be composed of the same exterior materials as the buildings on the lot, or through the use of masonry walls, ornamental fence (eighty [80] percent opaque), evergreen landscape material, or combination thereof. 2. Loading, service and trash storage areas shall be screened from all public roadways. Refuse containers must be placed on a designed, reinforced concrete pad and approach. The required screening must be composed of the same exterior materials as the buildings on the lot. O:/Ord/Drafts/Draft #17 13 A-15 April 23, 2003 3. All roof -mounted mechanical elements must be screened from view of the public right-of-way and neighboring properties. Screening must be architecturally compatible with the building design. P. SIGNS: Signage within the Mixed Use District shall comply with the provisions in this section and with the standards contained in Section 60, Sign Standards of the City of Grapevine Zoning Ordinance. Where conflicts exist between this article and the Sign Standards, requirements in this article shall be applied. 1. Functional/Structural Types Permitted: The following permitted functional uses shall be limited to the associated structural types of signs: a. Nameplate Signs: 1. Wall b. On -Premise Signs: 1. Wall signs 2. Awning, canopy, marquee 3. Projecting 4. Portable sandwich board C. Real Estate Signs: 1. Wall 2. Number Of Signs Permitted: a. Nameplate: One (1) per storefront. b. On -Premise Signs: Awning, canopy, marquee, and either one (1) wall sign per each individual wall for each lease space or one (1) projecting sign per storefront. C. Real Estate: One (1) per storefront. 3. Maximum Gross Surface Area: a. Nameplate: Two (2) square feet. b. Projecting Signs: Twenty-five square feet. C. Real Estate: Thirty-two (32) square feet. d. Wall Signs: Fifteen (15) percent of the wall. O:/Ord/Drafts/Draft #17 14 A-16 DRAFT April 23, 2003 e. Awning, Canopy and Marquee: Twenty-five (25) percent of the awning, canopy or marquee. 4. Maximum Height: No sign shall protrude above the roof or eave line of the principal structure. Projecting signs shall be a minimum of eight (8) feet above sidewalk grade and shall not protrude above the roof or eave line of the principal structure. 5. Illumination: Illuminated signs are permitted for nameplate and on - premise signs only. Q. OUTSIDE SALES AND/OR COMMERCIAL PROMOTIONS: 1. Any temporary outside sales shall be required to obtain a permit and be subject to the requirements of this section. 2. Temporary outside sales may be permitted for a period of fourteen (14) days each calendar year with a maximum two (2) permits allowed per calendar year, providing such goods, products or merchandise is displayed on a sidewalk within ten (10) feet of the business building. 3. Temporary outside sales shall be deemed to include merchandise - dispensing units placed adjacent to, and outside of, a business building. 4. In order to qualify for a permit, the applicant must: a. Provide a plan showing the location of the outside display. b. Provide the City with a Site Plan showing location(s) of all tents (if applicable). Submit documentation showing compliance with all building and fire codes including, but not limited to, flame spread certificate(s). C. Provide a map, plan, or drawing to indicate adequate off- street parking for patrons, employees and delivery trucks; such map, plan or drawing should also indicate that no fire lanes, streets or other public rights-of-way will be blocked as a result of the sale or promotion. d. If food is served, provide food service facilities in accordance with the Grapevine food and food establishment ordinance. e. Provide for adequate trash and waste removal and cleanup of the area. O:/Ord/Drafts/Draft #17 15 A-17 DRAFT April 23, 2003 f. Comply with all other reasonable conditions imposed by the City. R. OUTSIDE STORAGE OR OUTSIDE DISPLAY: Except for the equipment and/or the materials stored on a construction site and used for a temporary construction project, the outside storage or outside display of equipment, building and/or other materials, goods and products shall be prohibited within the district, with the exception of outside dining shown on an approved Site Plan. S. PATIOS AND BALCONIES: Balconies and patios facing public streets shall not extend beyond the build -to -line except as permitted in Sections 1.2.d and 1.2.e. T. DESIGN GUIDELINES: From time to time, the City may develop and amend design guidelines, which shall be approved by resolution of the City Council, as an aid to implementation of this article. Such guidelines shall be used by the City to assist decision -makers in interpreting standards applicable to development within the Mixed Use District. U. FLEXIBLE STANDARDS 1. Alternative Uses or Phases: In order to encourage an integrated development pattern of mixed uses over time within the district, it is understood that flexibility in the development of phases or sites may be necessary. Whenever an applicant of a Mixed Use District proposes alternative land uses or phases of an approved Mixed Use District, such alternative uses or phases shall be incorporated in a zoning amendment to the Mixed Use District. The zoning amendment for alternative land uses or phases shall follow the same procedures established in Section D, REQUEST FOR A MIXED USE DISTRICT ZONING CLASSIFICATION. In no case, however, may the Council approve an alternative use not allowed within Sections A, B and C of the Mixed Use District. 2. Flexible Design Standards: It is intended that the dimensional and design standards set forth in Sections H and M of this article be flexible in order to encourage development in the Mixed Use District. In some cases, Sections H and M set forth limits within which specific standards may be varied. For requests other than those set out in Sections H and M, the developer must request a waiver from a specific standard. The Council may approve such waiver in conjunction with its decision to establish or amend the district in those cases where the waiver addresses a standard applicable to the Site Plan. In no case, however, may the Council approve a waiver, which authorizes a use not allowed within Sections A, B and C of the Mixed Use District. Additionally, a O:/Ord/Drafts/Draft #17 16 A-18 DRAFT waiver to Section O, Exterior Appearance; not be approved. U. WAIVER PROCEDURE April 23, 2003 Screening; Section M.1.d and Section M.1.e, and Section W, Design Requirements may Procedure: An application for a waiver to a development standard authorized under Section T of this article must be made by a property owner, lessee, or contract purchaser at the time of submission of an application to establish a "MXU" Mixed Use District. A contract purchaser or lessee must file with the application, a copy of the contract, or lease, or other form of written statement containing the property owners endorsement of the application. The application shall be filed in duplicate with Department of Development Services on forms provided by the City. Upon a determination that the waiver application is complete, the Director of Development Services shall forward the request to the Planning and Zoning Commission and the City Council for decision in conjunction with its decision on the application to establish a Mixed Use District. 2. Standards for Granting Waiver: The Planning and Zoning Commission in making its recommendations, and the City Council in deciding whether to grant the request for waiver, shall determine that the following standards are met: a. The waiver for the specific development site is in harmony with the policies in the Comprehensive Master Plan. b. The waiver is in harmony with the general purpose and intent of this article and the zoning ordinance. C. The waiver shall not adversely affect the use of neighboring property, and the public's use and enjoyment of public areas, in accordance with the provisions of this article. d. The waiver is in conformity with the approved Site Plan. 3. Conditions: In granting a waiver to a development standard authorized under Section T of this article, the Planning and Zoning Commission may recommend, and the City Council may impose such conditions and safeguards as it deems necessary to insure harmony with the general purpose and the intent of this article. Any such condition shall be satisfied as a condition precedent to issuance of a certificate of occupancy for the development to which the waiver applies. O:/Ord/Drafts/Draft #17 17 A-19 DRAFT April 23, 2003 4. Lapse of Waiver: A waiver granted under this section shall lapse with the lapse of the approved Site Plan or amendment to the "MXU" Mixed Use District, in accordance with Section F of this article. V. AMENDMENTS OF A SITE PLAN General Requirement: Amendments of any Site Plan shall be made in accordance with the procedure required for approval of the initial plan. Amendments to a Site Plan shall be considered amendment to the "MXU" Mixed Use Zoning District. W. DESIGN REQUIREMENTS 1. Day Care Facility: a. Freestanding day care facilities shall not be permitted. b. Day care facilities shall only be permitted on the ground floor level. C. Maximum allowable size for a day care facility shall be 5,000 square feet. d. Parking for a day care facility shall be provided at a minimum ratio of one (1) space per every ten (10) students. 2. Restaurant: A restaurant may be permitted in the Mixed Use District as a conditional use, subject to the following requirements: a. Freestanding restaurants shall not be permitted. b. Drive-through restaurants shall not be permitted. C. Maximum allowable size for a restaurant shall be 7,000 square feet. d. Required parking shall be provided at a ratio of one (1) parking space for every 70 square feet of gross floor area. 3. Outdoor Seating Area: Outdoor seating (i.e. side walk cafes) may be permitted in the Mixed Use District subject to the following requirements: a. Preparation of food outside is prohibited. O:/Ord/Drafts/Draft #17 18 A-20 DRAFT April 23, 2003 b. Food service facilities must be provided in accordance with the Grapevine food and food establishment ordinance. C. Adequate trash and waste removal and cleanup of the area must be provided. 4. Health Clubs: a. The maximum allowable size for a health club in the Mixed Use District is 10,000 square feet, unless the club entrances are directly adjacent to required parking. b. Parking shall be provided at a ratio of one (1) space per every three (3) people, maximum occupancy capacity. 5. Medical Office: a. Freestanding medical office buildings are not permitted. b. Maximum allowable size for a medical office is 3,000 square feet. C. Parking shall be provided at a ratio of one (1) space per every two hundred (200) square feet. O:/Ord/Drafts/Draft #17 19 A-21 A-22 DRAFT April 24, 2003 Section 12. Definitions 35. BUILDING LINE shall mean a line parallel or approximately parallel to the street line and beyond which building may not be erected. 35a. BUILD -TO -LINE shall mean the line on a lot upon which the front wall of the building shall sit except as provided for in Section 1 Unless otherwise specified, porches stoops, balconies and bay windows may project beyond the Build -to -Line. 36. BUSINESS SERVICE shall mean a commercial use, other than retail sales and professional services, devoted to: (a) The fabrication, processing, assembly, cleaning, or repair of articles of goods, wares, merchandise, foods, liquids or plants, but excluding the manufacturing of such articles and automobile repair garages. (b) The instruction, training, or physical treatment of animals, but excluding animal shelters or places where animals are kept on the premises overnight. (c) The providing of temporary abodes for transient persons, such as a hotel or motel. (d) The providing of food, drink or entertainment to persons. 37. CABANA shall mean a secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. 38-59. RESERVED FOR FUTURE USE. 60. CARNIVAL OR CIRCUS shall mean a temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation. 61. CHURCH shall mean any building, place, or structure(s) owned and/or used by religious organizations or congregations and providing religious worship, religious training, or education of its members. This definition includes accessory uses such as rectories, convents, monasteries or other congregate residences for the housing of religious organization personnel, meeting halls, offices for administration of the institution, day care facilities, education or schools, recreation associated with schools or day care facilities 0:/zcu/sec.12. D RFa 0 Section 12 A-23 DRAFT April 24, 2003 off of the street and not in a required front yard. (k) A customary home occupation shall not include the physical or medical treatment of persons or animals, retail sales, business services, barber shops, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, radio shops, auto repairing or painting, furniture repairing, or sign painting. (1) Sales of motor vehicles shall be limited to a maximum of two vehicles per calendar year. 71-91. RESERVED FOR FUTURE USE. 92. DAY CARE ACTIVITY SPACE shall mean an area or rooms used for children's activities including those separate from a group's classroom, excluding day care single use areas which include, but are not limited to, bathrooms, hallways, storage rooms, cooking areas of kitchens, and indoor swimming pools. 93. DAY NURSERY shall mean a place where children are left for care between the hours of 6:00 A.M. and 12:00 midnight. 93a. DENSITY shall mean the measure of the degree to which land is filled with residential units designed to accommodate a family group. Measurement excludes public or private streets in calculating density per acre. 94. DEPTH OF FRONT YARD shall mean the minimum distance from the front lot line to the front line of a building. 95. DEPTH OF LOT shall be defined as the mean horizontal distance between the front and rear lot lines. 96. DEPTH OF REAR YARD shall be defined as the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line. 96a. DESIGN GUIDELINES shall mean criteria used for the design of a project located within a Historic Landmark District or Mixed Use District that will define the general appearance and layout of a site, including buildings, neighborhoods, landscape elements, streets, and sidewalks 0:/zcu/sec.12.DRFa Section 12 A-24 MEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: PLANNING AND ZONING COMMISSION H. T. HARDY, DIRECTOR DEVELOPMENT SERVICES✓' t r RON STOMBAUGH, PLANNER II Cv APRIL 30, 2003 AMENDMENT TO SECTION 60, SIGN STANDARDS RELATIVE TO BANNER SIGNS Staff recommends the Planning and Zoning Commission provide direction to Staff relative to possible amendments to Section 60, Sign Standards for "banner" signs and take any other action necessary. OF •1 5 At the March 18, 2003 meeting the Planning and Zoning Commission recommended denial for an amendment to Section 60, Sign Standards relative to an extension from 14 - days to 30 -days for the display of banner signs per quarter. The City Council voted to send this item back to the Planning and Zoning Commission for further consideration. Staff receives numerous requests throughout the year for banner signs; although these types of signs are basically exempt from the general standards established in the ordinance, a permit is still required and the amount of time the banner sign may be displayed and its placement is regulated. As the ordinance is currently written, a banner sign may be displayed no more than two weeks in any quarter of a calendar year. The Building Official has allowed, if requested, the display of a banner sign to span the end of one quarter and the beginning of the next—thus within a six month period of time a banner sign could be displayed for a continuous four weeks. Banner signs are also allowed to remain for up to 30 -days within 60 -days of the issuance of a certificate of occupancy for a new business. If a business is going out of business, a quarterly banner sign may be extended for a period not to exceed 30 -days. These same requirements also apply to balloons and flags for which there are no standards as to size, shape, or quantity. Staff regularly receives complaints that the two-week limit per quarter on banner signs is too restrictive. Attached is a survey of cities throughout the Metroplex and their regulations relative to banner signs as well as the section of the ordinance pertaining to banners, balloons and flags. Staff recommends the Planning and Zoning Commission provide direction to Staff relative to any amendments to this section of the ordinance. /rs O:\ZCU\banner.mem April 24, 2003 (11:56AM) B-25 B-26 Banner Sign Survey City Permit Time Limit Number of Number of Permits Per Signs Year City of Bedford 10 days 6 1 City of 30 days 3 1 per street Carrollton frontage City of No permit is required, however No more Colleyville certain requirements must be than 3 met. consecutive 30 days 30 day periods per year. City of Coppell During initial year of operation 4 1 — 14 days Business in operation more 2 1 than one year - 14 City of Euless No limitation on banner signs at N/A N/A this time. Ordinance will be revised early next year. City of Farmers Maximum of eight weeks per Any number 1 Branch year taken in any increment. of permits not to exceed eight weeks of display time. Town of Flower According to type of sign: Mound Pre -opening sign — 45 days 1 1 Now Open Sign — 45 days 1 1 Now Hiring sign — 45 days 1 1 Grand Opening Sign —14 days 1 1 Under New Ownership/Management Sign — Only when 45 days CO 1 application for change of ownership is submitted. City of Irving Banner signs are prohibited. N/A N/A O:/ZCU/Banner Sign Table B-27 City of 30 days 4 Any number Lewisville of signs up not to exceed a total of 50 square feet of signage North Richland 30 days 4 1 per single Hills occupancy structure or for each store front of a multi - occupancy structure City of 15 days 2 1 Southlake O:/ZCU/Banner Sign Table B-28 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 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. D. TRAFFIC SAFETY. 1. 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: 091702 (a) Flags, or emblems of a government or of a political, civic, Section 60 11 B -2s 091702 philanthropic, educational or religious organization, when displayed on private property. 1) Flags or emblems of a business or corporation when displayed on private property and accompanied by both the national flag and the state flag. One business or corporate flag shall be permitted per lot of record. All flags displayed must follow the rules of standard flag etiquette and all business or corporate flags shall be no larger than the accompanying national or state flag. (b) Signs of a duly constituted governmental body for traffic or similar regulatory devices, legal notices, warnings at railroad crossings, recreational scoreboards for football, baseball fields or other sports attractions, and city park signage; and other instructional or regulatory signs having to do with health, hazards, parking, dumping, etc. Off premise signs or commercial billboards shall not be exempt from this section. (c) Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. (d) Small signs, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restroom, freight entrances, and the like, (shall) conform to the following regulation: (1) The maximum height of the sign shall be forty-two (42) inches. (2) A company logo or name shall not exceed ten percent (10%) of the sign. (3) Directional signs, i.e., enter, exit, drive-through, shall have an arrow indicating the direction of travel. (4) The maximum gross surface of the sign cabinet shall be five (5) square feet. (e) Scoreboards in athletic stadiums. (f) Temporary political signs regulated by Chapter 20, Article II, Division 12 Section 60 B-30 3, of the Grapevine Code of Ordinances. (g) Signs in the right-of-way regulated by Chapter 20, Article I, Section 20-17.1 of the Grapevine Code of Ordinances. (h) (i) Permission may be granted by the Director of Development Services as a special privilege to civic organizations and other nonprofit organizations to erect signs promoting special events or activities at the locations and times, and under the conditions specified by the Director of Development Services. A permit shall be required. (j) On -premises signs for hospitals as defined in Section 12.A.196 of this Ordinance. 2. The following signs are exempt from the zoning permit requirement of Section 60.A., but shall comply with all of the other regulations imposed by this section: 091702 (a) Nameplate signs not exceeding two (2) square feet in gross surface area accessory to a single-family or two-family dwelling. (b) Nameplate signs not exceeding fifteen (15) square feet in gross surface area accessory to a multiple -family dwelling. (c) On -premises signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises. Section 60 13 B-31 B-32 MEMO TO: PLANNING AND ZONING COMMISSION FROM: H. T. HARDY, DIRECTOR DEVELOPMENT SERVICES(YA RON STOMBAUGH, PLANNER II f-5, MEETING DATE: APRIL 30, 2003 SUBJECT: AMENDMENT TO SECTION 12, DEFINITIONS RELATIVE TO DEFINITION 195. HEIGHT RECOMMENDATION: Staff recommends the Planning and Zoning Commission consider the amendment to Section 12, Definitions relative to Definition 195. Height, and take any other action necessary. The current definition of height as defined in the zoning ordinance is vague, difficult to interpret and enforce. Staff has had difficulty in utilizing this definition in determining the height of structures that are near the threshold of the maximum height limitation in various zoning districts. In an effort to remedy this situation, Staff recommends replacing the current definition of height with that contained in the 1994 Uniform Building Code which is used by the Building Inspections staff in their building plan review process. /rs WZMheight.mem April 24, 2003 (11:55AM) C-33 C-34 SECTION 12. DEFINITIONS April 23, 2003 194. HALF -WAY HOUSE shall mean an institution for criminal rehabilitation. 195. HEIGHT shall mean the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of a gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within a 5 -foot (1524 mm) horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 -feet (3048 mm) above the lowest grade. 2. An elevation 10 -feet (3048 mm) higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than 10 -feet (3048 mm) above lowest grade. Grade (adiacent ground elevation) shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than 5 -feet (1524 mm) from the building, between the building and a line 5 -feet (1524 mm) from the buildin The height of a stepped or terraced building is the maximum height of any segment of the building. ifh h , , the -highest PE)iRt-ef the mef s suFfaGe if a flatGUrfn e the d L IiRof es�c-'me -vr maRsaFd r and gable efs. In measuring the height of buildings, the following structures shall be excluded: Chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height. 196. HOSPITAL shall mean an institution or place where sick or injured in -patients are given medical or surgical care, at either public or private expense, but 031803 13 Section 12 C-35 C-36