From
Chris Hartmann
Title
TA190901 - Amending Article 1, “General Provisions”, Article 6, “Density and Dimensional Requirements”, Article 12, "Platting", and Article 16, “Site Plan Approval” of the Unified Development Code of the City of Grand Prairie, Texas, to comply with recently adopted state legislation governing the processing of subdivision plats and site plans related to subdivisions. (On September 9, 2019, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
In response to HB 2439 restrictions on city ordinances prohibiting and requiring certain building materials, and HB 3167 establishment of a "shot clock" for approval or denial of Site Plans and Plats (previously, the Commission was only required to act on Plats within 30 days), staff proposes the following changes to Article 1, Article 6, Article 12, and Article 16:
Article 1 - General Procedures
Purpose Statement: Tweak UDC purpose statement to align regulatory purposes with state law.
Complete/Incomplete Application: Add requirement to hold pre-application conference prior to submittal and completeness check requirement to determine when shot clock starts.
Site Plan/Plat Public Hearings: Remove notification and public hearing requirements for Site Plans and Plats other than those associated with a Specific Use Permit. This is necessary due to changes in the law that prohibit tabling a Site Plan or Plat case. A citizen could still submit a card to speak on any posted agenda item.
Denial with Specific Reasons: Include language stating that Planning Commission and Council denial of a Site Plan or Plat must be accompanied by specific reasons for denial.
Airport Board: Remove language regarding Airport Board, which was dissolved earlier this year.
Article 6 - Density and Dimensional Standards
Building Materials: Change masonry requirements to "Recommended Design".
Landscaping Requirements: Increase landscaping requirements for single-family residential construction from 1 tree in the front yard + 1 tree anywhere on the property to 2 + 2 trees, but give credit towards landscaping requirements if recommended materials are used (masory, architectural metal, engineered woods).
Use of Metal Panels/Siding: Define preferred use of metal on commercial and industrial buildings as painted, minimum 26 gauge with tight peaks if corrugated, and with concealed fasteners.
Square Footage Threshold For Industrial Development: Since the ordinance has passed, staff has found that the existing 20,000 square foot threshold has an adverse impact on smaller, local businesses looking to construct purpose-built industrial buildings, and that spec buildings which are constructed without a tennant and often sit vacant for long periods of time tend to be larger than 50,000 square feet. In response, staff proposes that the threshold for a development falling under Appendix X be increased from 20,000 square feet or greater to 50,000 square feet or greater.
Industrial Landscaping: As a companion to Appendix X changes, amend regulations for industrial buildings under 50,000 square feet to allow decrease in landscaping requirements from 10% to 5%, or allowance for dock doors to face a street, if preferred materials are used.
Dimensional Charts: Remove minimum masonry requirements and roof pitch requirements from dimensional charts.
Miscellaneous Revisions: Other revisions include allowing single-family residences to be constructed in MF zoning if lot is platted and under an acre (such as in the Dalworth area) and certain changes in the CA zoning dimensional tables to align Article 6 with the Downtown Masterplan (including an FAR limit rather than density limit for multi-family and removing restriction on one bedroom units).
Article 12 - Platting
Pre-Application Conference: Include requirement that an applicant hold a Pre-Application Conference with staff prior to submitting an application for a plat.
Complete/Incomplete Application: Add completeness check to determine when shot clock starts.
Minor Plats Forwarded to P&Z: Expand on language allowing the Director to forward any plat to the Planning and Zoning Commission within 30 days of filing.
Prelminary Plat Expiration: Extend expiration date of preliminary plats from 12 to 18 months and final plats from 12 to 24 months.
Plat Submittal Language: Expand on requirements for plat submittal to align with state language.
Lot and Block Number Format: Include requirements for lot and block number format and sequence.
Plat Public Hearing: Modify or remove plat vacation language, and remove language requiring a public hearing and allowing for a protest petition to be submitted for certain residential plats, to align with changes in state law.
Plat Filing: Modify language governing final submittal of plats for filing.
Miscellaneous Revisions: Require street marker fees with release of engineering permits rather than at filing of final plat. Increase sidewalk width requirement from 4 feet to 5 feet along certain streets, amend requirements regarding street grades, and update engineering plan submittal requirements to reflect current practices.
Article 16 - Site Plans
Site Plan Review Purpose Statement: Revise purpose statement to state that the city encourages quality and innovative site planning techniques through flexible but high quality standards of architectural and site design.
When Site Plan Required: Expand requirement for Site Plan approval to include townhomes, industrial uses, institutional and religious uses in single-family zoning when those uses will generate more than 50 trips at peak hour, uses within 200 feet of a FEMA floodplain (modifies current "adjacent to" language), any use requiring subdivision of land, and any use that requires a Traffic Impact Analysis.
Administrative Approval: Removal of Administrative Site Plan Approval language.
Site Plan Expiration: Include language expiring Site Plan approval after 5 years if no progress has been made on the project.
RECOMMENDATION:
At its September 9, 2019 meeting, the Planning and Zoning Commission voted 7-0 to recommend approval as presented by staff.
Development Review Committee recommends approval with the addition of the following language within the body of the text of Article 6:
To the extent any provision of this Article or the Unified Development Code conflicts with Texas law, the provision shall be construed so as to be in compliance with state law, where possible. If it is not possible to construe a given provision in a manner that is compliant with state law, the provision shall not be enforced.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 1, “GENERAL PROVISIONS”, ARTICLE 6, “DENSITY AND DIMENSIONAL STANDARDS”, ARTICLE 12, “PLATTING”, AND ARTICLE 16, “SITE PLAN APPROVAL”, OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO ESTABLISH PROCEDURES FOR PROCESSING SITE PLAN AND PLAT APPROVAL WITHIN 30 DAYS OF FILING IN CONFORMANCE WITH STATE LAW AND TO REMOVE BUILDING MATERIALS REQUIREMENTS AND RESTRICTIONS FOR NEW DEVELOPMENT AND REDEVELOPMENT IN CONFORMANCE WITH STATE LAW AND TO ESTABLISH BUILDING MATERIALS RECOMMENDATIONS FOR NEW DEVELOPMENT AND REDEVELOPMENT AND TO ESTABLISH INCENTIVES FOR USING RECOMMENDED MATERIALS IN RESIDENTIAL AND COMMERCIAL CONSTRUCTION AND TO MAKE MISCELLANEOUS REVISIONS TO THE PRECEDING ARTICLES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Legislation was adopted by the governing body of the State of Texas that has caused city ordinances regarding processes and procedures for site plan and plat approval to come into potential conflict with state law; and
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on behalf of the City or by the City Manager's own initiative.”; and
WHEREAS, on August 6, 2019, a review and briefing was held by the staff of the City Manager’s office before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate said amendments; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed city staff to initiate the preparation of an ordinance amending the Unified Development Code for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, on September 3, 2019, city staff presented the proposed ordinances amendments to Article 1, Article 6, Article 12, and Article 16 of the Unified Development Code to the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate said amendments; and
WHEREAS, on September 3, 2019, the City Council Development Committee of the City of Grand Prairie, Texas recommended approval of the proposed amendments; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 P.M. on September 9, 2019, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted to recommend to the City Council of Grand Prairie, Texas, that the proposed amendments to Article 1, Article 6, Article 12, and Article 16 should be approved, since its provisions will create conformity between city ordinances and state law, and are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on September 17, 2019 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT, Article 1, “General Provisions” of the Unified Development Code of the City of Grand Prairie, Texas be amended as shown in Exhibit A - “Article 1” of this ordinance, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough.
SECTION 2
THAT, Article 6, “Density and Dimensional Standards” of the Unified Development Code of the City of Grand Prairie, Texas be amended as shown in Exhibit B - “Article 6” of this ordinance, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough.
SECTION 3
THAT, Article 12, “Platting” of the Unified Development Code of the City of Grand Prairie, Texas be amended as shown in Exhibit C - “Article 12” of this ordinance, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough.
SECTION 4
THAT, Article 16, “Site Plan Approval” of the Unified Development Code of the City of Grand Prairie, Texas be amended as shown in Exhibit D - “Article 16” of this ordinance, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough.
SECTION 5
THAT sections of the amended articles not included in this amendment, shall remain in full force and effect, save and except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 6
THAT the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 7
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 8
THAT a violation of this ordinance is a misdemeanor punishable in accordane with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in Texas Local Government Code Section 54.016, as it may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 9
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 17th DAY OF SEPTEMBER, 2019.
ORDINANCE NO. 10713-2019
CASE NO. TA190901