From
Chris Hartmann
Title
TA180201 - Text Amendment - Amendment to the Unified Development Code of the City of Grand Prairie, to update residential development standards pertaining to single-family and multi-family residential development within the City of Grand Prairie, to establish a new Article unifying and consolidating residential development standards, and to make miscellaneous amendments to existing Articles to amend regulations pertaining to residential development standards within the Unified Development Code. (On March 5, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, Chief City Planner
Recommended Action
Approve
Analysis
OVERVIEW OF AMENDMENT
The City of Grand Prairie last overhauled its residential standards in the early 2000s. As residential development in Grand Prairie has evolved, it has become apparent that the City's current residential development regulations are misaligned with development trends and preferences in our market. Most residential developments approved within the last several years, including almost all multi-family apartment projects, have sought one or more variances from the Unified Development Code. These variances often include exceptions to requirements for unit composition, garages, material standards, roof pitch, yard setbacks, and screening. In most cases, the requested variances are granted as requested or granted with modifications, allowing the project to be built.
A clear trend has emerged with the city's most recent single-family and multi-family residential developments, which has resulted in residential developments which look and in some cases function differently than what is required by current standards. These developments are also highly amenitized and reflect a more urban design with the use of flat roofs, non-traditional materials, and shorter setbacks from the street. This amendment is an effort to update requirements for residential development and to make them more flexible and context-sensitive, while maintaining or exceeding the high degree of quality and design which the current standards were intended to provide.
A second goal of this amendment is to consolidate all residential development regulations, which currently are spread among several different Articles within the Unified Development Code. This change is designed to allow for better communication between the City and prospective developers and builders and to make the code easier to search and reference. This consolidation is not intended to replace any Article or section within the UDC, but it is designed to place the most relevant and often referenced requirements in a single location. This Article will fully replace Resolution 3924, which was adopted in July, 2003.
SINGLE-FAMILY RESIDENTIAL UPDATES AND CHANGES
Resolution 3924 has functioned as a set of guidelines without legislative authority, although applicants who wish to deviate from the Resolution have customarily requested variances as part of the zoning or platting process. On November 20th of last year, staff met with the City Council Development Committee to discuss ideas about improving Resolution 3924. In that meeting the CCDC directed staff to develop regulations eliminating or significantly limiting front-entry garages, increasing the requirement for lots that are 65 feet and over, and strengthening standards for fence maintenance and appearance. At the December 4, 2017 CCDC meeting, staff presented ideas for modifications to residential standards to the City Council Development Committee, where it was suggested that the standards found in Resolution 3924 be updated and codified in the UDC and also coordinated with updates to multi-family standards. A full draft of the combined regulations, called Appendix W, was presented to the CCDC on January 22nd. The attached exhibit shows the proposed changes from Resolution 3924 with either a strikethrough where current guidelines are being eliminated, or an underline where regulations are being added or amended. The regulations would apply to any new residential subdivision with five or more single-family lots and would be in addition to any base zoning requirements.
Some of the most significant changes include the following:
- An increase in the percentage of lots required to be 9,000 square feet or greater from 20% to 30%;
- Elimination of front-facing garages except under certain criteria;
- Stricter standards on "cookie cutter" building plans;
- Requirement for 10 foot HOA buffer lots where residential side or rear yards abut a street;
- Requirement for HOA to maintain side yard fences in cases where a fence is visible from the street.
SINGLE-FAMILY ATTACHED, TOWNHOUSE, AND MULTI-FAMILY RESIDENTIAL UPDATES AND CHANGES
Multi-Family regulations are currently found in Articles 3, 4, 6, 8, 9, 10, and 11 of the Unified Development Code. This makes it difficult to communicate the location of relevant standards to prospective developers and builders. The proposed amendment would in many cases retain the regulations found in those sections for topical reference purposes, making needed modifications to match the proposed consolidated article. At the December 4, 2017 City Council Development Committee meeting, staff presented suggestions for improving multi-family standards by requiring a suite of amenities, updated building designs, shorter setbacks more integrated with the street, and stronger provisions for mixed use development. At the January 22nd CCDC meeting, staff presented a draft of the updated standards, along with proposed single-family standards to replace Resolution 3924, and was given direction to proceed with an amendment that integrated the revised single-family and multi-family standards, known as Appendix W.
Significant changes to multi-family and single-family attached and townhouse uses include the following:
- Updated architectural standards designed to respond to current building designs, which often include flat roofs, longer buildings, alternative or non-traditional materials, and non-primary colors;
- Updated security regulations, including requirements for managed entry points, increased lighting, and more effective sightlines;
- Amenity requirements utilizing a tiered point system similar to LEED certification, wherein a developer would be required to select tiers of features from multiple categories, including environmentally-friendly building materials, site features, or construction techniques, use of luxury features, or use of technology. The features are not limiting, so a developer who proposes an alternative feature or technique which is not on the list could potentially receive credit if it meets the intent of the standard;
- Incentives for mixed use development and structured parking.
CARPORT STANDARDS
In the year since regulations on single-family and two-family carports were last updated, the City has continued to see a large number of applications for carports which are required to go to the Zoning Board of Adjustment. Between October 2016 and October 2017, 34 carport applications required a variance. In many cases the proposed carports require variances for one of two reasons: They technically exceed the 400 square foot limitation but still meet dimensional restrictions by not exceeding 25 feet in length or 25 feet in width, or there is no existing permitted carport within 300 feet.
The revisions proposed are designed to minimize technicalities and allow homeowners more flexibility in constructing carports which meet the intent of the current ordinance and also conform to the design of the house or lot on which the carport is proposed. If the square footage limitation is increased to 500 square feet and the existing carport restriction is increased from 300 feet to 800 feet, staff believes instances of carport variances can be reduced by as much as 75 percent. Dimensional controls would remain in place or be enhanced so that a carport could not be wider than 30% of the frontage of a house in order to maintain proportionality, and also must be constructed of materials similar to the house, including the roofing material.
The revised standards are included in the proposed new residential Article, to provide ease of reference.
CITY COUNCIL DEVELOPMENT COMMITTEE RECOMMENDATION
This item was heard and recommended for approval by the CCDC at its January 22, 2018 meeting.
PZ RECOMMENDATION
At its March 5, 2018 meeting, Planning and Zoning Commission voted 7-0 to recommend approval as presented.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 3, “ZONING DISTRICTS AND MAP”, ARTICLE 4, “PERMISSIBLE USES”, ARTICLE 6, “DENSITY AND DIMENSIONAL REQUIREMENTS”, ARTICLE 8, “LANDSCAPE AND SCREENING”, AND ARTICLE 11, “PERFORMANCE STANDARDS” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990 AND TO ADD A NEW SECTION APPENDIX W, “RESIDENTIAL DEVELOPMENT STANDARDS” TO THE UNIFIED DEVELOPMENT CODE; TO CONSOLIDATE EXISTING REGULATIONS GOVERNING RESIDENTIAL DEVELOPMENT IN THE CITY OF GRAND PRAIRIE AND TO ADD OR MODIFY REGULATIONS AND REQUIREMENTS GOVERNING RESIDENTIAL DEVELOPMENT IN THE CITY OF GRAND PRAIRIE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
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, the City intends to respond to continued and fervent market demand for single and multiple-family residential development by ensuring that the quality of such development is not hindered or compromised; and
WHEREAS, regulations governing the development of single and multiple-family residential development are distributed among multiple sections within the Unified Development Code, making such regulations difficult to reference and administer; and
WHEREAS, the City desires that regulations governing residential development be located in a single location within the Unified Development Code for ease of reference and administration, and
WHEREAS, on December 4, 2017, a review and briefing was held by City Manager staff 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 Manager 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 January 22, 2018, the City Council Development Committee of the City of Grand Prairie, Texas did consider and recommend 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, 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 a regularly held meeting on March 5, 2018, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions 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 March 20, 2018 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, a new Appendix W, found herein as Exhibit A, is adopted for inclusion in the Unified Development Code and shall have full authority as an article within the Unified Development Code to apply lawful standards and regulations to new residential development within the City of Grand Prairie.
SECTION 2
THAT, Article 3 “Zoning Districts and Map”, Article 4 “Permissible Uses”, Article 6 “Density and Dimensional Standards”, Article 8, “Landscape and Screening”, and Article 11 “Performance Standards” of the Unified Development Code, City of Grand Prairie, Texas, 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 3
THAT, Article 3 “Zoning Districts and Map”, Article 4 “Permissible Uses”, Article 6 “Density and Dimensional Standards”, Article 8, “Landscape and Screening”, and Article 11 “Performance Standards” of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough, found herein as Exhibit B.
SECTION 4
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 5
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 6
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 7
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 20th DAY OF MARCH, 2018.
ORDINANCE NO. 10446-2018
CASE NO. TA180201