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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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*.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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Section 12
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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