From
Chris Hartmann
Title
TA161001 - Text Amendment - Consider a request for approval of a Text Amendment amending portions of Article 6: Density and Dimensional requirements of the Unified Development Code, said amendments provide for: 1) an Administrative Review of carports and garage conversions that are routinely approved by the Zoning Board of Adjustment and Appeals (ZBA) or are located within an existing mobile home park or single family detached condominium development, 2) enhanced ZBA discretion granting relief for larger and/or uniquely shaped carports or garage conversions, and 3) repealing the requirement for a minimum 6 foot building separation between primary and accessory structures. The owner is The City of Grand Prairie. (On November 7, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
Based on feedback from the Zoning Board of Adjustments and Appeals (ZBA), staff has prepared the attached draft text amendment ordinance seeking to amend portions of Article 6: Density and Dimensional Requirements of the Unified Development Code related to the approval standards for variance and special exception applications for carports, garage conversions and minimum building separation relief. The proposed amendment would allow for the administrative approval of variance and special exception applications that have been routinely approved by ZBA without objection or issue. The amendment also gives the ZBA additional discretion in granting relief for larger (more than 400 square feet) and uniquely shaped carports.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval of the proposed amendments to Article 6: Density and Dimensional Requirements of the Unified Development Code as depicted in the attached ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 6: DENSITY AND DIMENSIONAL REQUIREMENTS OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; SAID AMENDMENTS PROVIDE FOR AN ADMINSTRATIVE REVIEW OF ROUTINELY ZONING BOARD OF ADJUSTMENT AND APPEALS (ZBA) APPROVED CARPORTS AND GARAGE CONVERSIONS, ENHANCED ZBA DISCRETION GRANTING RELIEF FOR LARGER AND/OR UNIQUELY SHAPED CARPORTS, AND REPEALING THE REQUIREMENT FOR A MINIMUM 6 FOOT BUILDING SEPERATION BETWEEN PRIMARY AND ACCESSORY STRUCTURES; 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 be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, on October 18, 2016 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 an amendment to Article 6: Density and Dimensional Requirements, 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 Article 6: Density and Dimensional Requirements for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, on October 28, 2016 a review and briefing was held by City Manager staff before the Zoning Board of Adjustment and Appeals of the City of Grand Prairie, Texas for consideration of a proposal to initiate an amendment to Article 6: Density and Dimensional Requirements, and
WHEREAS, after consideration of said amendments, the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas unanimously recommended approval of said ordinance amending Article 6: Density and Dimensional Requirements for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; 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 6:30 o'clock P.M. on November 7, 2016, 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 9 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 November 15, 2016 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 6: Density and Dimensional Requirements 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, as follows:
6.6.1 Definitions and Standards for Specific Accessory Structures
6.6.2.1. Carports: A structure that is open sided or devoid of walls, supported by poles or decorative posts, and may or may not be attached to an existing structure. A carport is to be used for temporary parking of no more than two operable motor vehicles, trailers or recreational vehicles, and shall not be used for any other purpose including storage of any type. Carports are not a substitute for a garage, and do not meet the requirements set forth in Article 10, “Parking and Loading Standards” of the Unified Development Code <http://www.gptx.org/Modules/ShowDocument.aspx?documentid=561> for dedicated on-site residential parking requirements.
A. Front or side yard located carports Carports are not permitted by right in any single-family residential zoning districts in the City of Grand Prairie., except as provided below:
1. The Planning and Development Director or designee may grant a Special Exception to the regulations established Section 6.6.2.1.A and to the setback requirements stipulated in Section 6.6.3 of this Article for the purpose of constructing a front or side yard carport in a residential zoning district upon the affirmative finding of the following standards:
a. The carport shall not exceed 25 feet in either length or width,
b. The carport shall not exceed 400 square feet in total area,
c. The carport shall not exceed 14 feet in height as measured from grade to ridgeline,
d. The carport will be setback a minimum of five (5) feet from all property lines adjacent to public right-of-ways,
e. The carport will be setback a minimum of three (3) feet from all internal property lines, and any projection or overhang of eaves, gutters, or other roof elements that protrude into the established building setback may not exceed twenty-four (24”) inches in accordance with Section 6.5.1.A of this Article,
f. The carport will not encroach, intrude, or overhang any easements that have been established on the subject property,
g. All areas beneath the roof of the carport shall be paved with a city approved paving material and the poles or supports of the carport should be anchored in or to the paving,
h. The carport is to be constructed in a manner and design consistent in materials and color to the primary residential structure and may not be composed of any materials explicitly prohibited in Section 6.6.2.1.C of this Article,
i. At least one other legally permitted front yard carport is located within 300 feet of the subject property as measured in a straight line from the nearest property line of the subject property to the nearest property line of the parcel where the existing carport is located.
j. The carport does not pose a negative impact on any of the adjacent or surrounding properties based on its proposed location, design, or visual impact to the streetscape, and
k. The carport does not create a visual obstruction to motorists.
B. Rear yard located carports are permitted by right in any single-family residential zoning districts in the City of Grand Prairie as provided below:.
1. The Planning and Development Director or designee may grant a Special Exception to the regulations established Section 6.6.2.1.A and to the setback requirements stipulated in Section 6.6.3 of this Article for the purpose of constructing a rear yard carport in a residential zoning district upon the affirmative finding of the following standards:
a. The carport shall not exceed 25 feet in either length or width,
b. The carport shall not exceed 400 square feet in total area,
c. The carport shall not exceed 14 feet in height as measured from grade to ridgeline,
d. The carport will be setback a minimum of five (5) feet from all property lines adjacent to public street right-of-ways, or as may be applicable, a minimum of zero (0) feet from alley right-of-ways,
e. The carport will be setback a minimum of three (3) feet from all internal property lines, and any projection or overhang of eaves, gutters, or other roof elements that protrude into the established building setback may not exceed twenty-four (24”) inches in accordance with Section 6.5.1.A of this Article,
f. The carport will not encroach, intrude, or overhang any easements that have been established on the subject property,
g. All areas beneath the roof of the carport shall be paved with a city approved paving material and the poles or supports of the carport should be anchored in or to the paving,
h. The carport is to be constructed in a manner and design consistent in materials and color to the primary residential structure and may not be composed of any materials explicitly prohibited in Section 6.6.2.1.C of this Article,
i. At least one other legally permitted carport is located within 300 feet of the subject property as measured in a straight line from the nearest property line of the subject property to the nearest property line of the parcel where the existing carport is located.
j. The carport does not pose a negative impact on any of the adjacent or surrounding properties based on its proposed location, design, or visual impact to the streetscape, and
k. The carport does not create a visual obstruction to motorists.
C. If any of the above noted minimum carport standards are not met or if a carport request is denied by the Planning and Development Director, the Zoning Board of Adjustment and Appeals may accept an appeal and grant a Special Exception to the regulations established Section 6.6.2.1.A and to the setback requirements stipulated in Section 6.6.3 of this Article for the purpose of constructing a carport in a residential zoning district upon the affirmative finding of the following standards:
a. The carport will be setback a minimum of five (5) feet from all property lines adjacent to public right-of-ways, unless a lessor setback is approved via the setback variance process,
b. The carport will be setback a minimum of three (3) feet from all internal property lines, and any projection or overhang of eaves, gutters, or other roof elements that protrude into the established building setback may not exceed twenty-four (24”) inches in accordance with Section 6.5.1.A of this Article, unless a lessor setback is approved via the setback variance process,
c. The carport will not encroach, intrude, or overhang any easements that have been established on the subject property,
d. All areas beneath the roof of the carport shall be paved with a city approved paving material and the poles or supports of the carport should be anchored in or to the paving,
e. The carport is to be constructed in a manner and design consistent in materials and color to the primary residential structure and may not be composed of any materials explicitly prohibited in Section 6.6.2.1.C of this Article,
f. The carport does not pose a negative impact on any of the adjacent or surrounding properties based on its proposed location, design, or visual impact to the streetscape, and
g. The carport does not create a visual obstruction to motorists.
D. Carports, regardless of zoning or site location, exclusive of perimeter boundary line setbacks of the development, are permitted by right in any mobile home park or single-family detached housing condominium development upon written approval of the development’s governing body and/or Management Company.
E. The following building materials shall be prohibited for use in the construction of a carport: canvas, vinyl, PVC siding, galvanized or corrugated metal, aluminum, corrugated or flat fiberglass panels, or any plastic construction materials.
F. The Zoning Board of Adjustments and Appeals may grant a Special Exception to the regulations established in Section 6.6.1.3.B and to the setback requirements stipulated in Section 6.5 of this Article for the purpose of constructing a carport in a residential zoning district upon a finding by the Board that:
1. The carport shall not exceed a maximum size of 20 feet in length by 20 feet in width, or a maximum square footage of 400 sq. ft.,
2. The carport will be setback a minimum of five (5) feet from all property lines adjacent to public rights-of-way,
3. The carport will be setback a minimum of three (3) feet from all internal property lines, and any projection or overhang of eaves, gutters, or other roof elements that protrude into the established building setback may not exceed twenty-four (24”) inches in accordance with Section 6.5.1.A of this Article,
4. The carport will not encroach, intrude, or overhang any easements that have been established on the subject property,
5. All areas beneath the roof of the carport should be paved with a city approved paving material and the poles or supports of the carport should be anchored in or to the paving,
6. The carport is to be constructed in a manner and design consistent in materials and color to the primary residential structure and may not be composed of any materials explicitly prohibited in Section 6.6.2.1.C of this Article,
7. The carport does not pose a negative impact on any of the adjacent or surrounding properties based on its proposed location, design, or visual impact to the streetscape, and
8. The carport does not create a visual obstruction to motorists.
SECTION 7- GARAGE CONVERSION (SINGLE-FAMILY RESIDENTIAL ONLY)
6.7.1 The Planning and Development Director or designee may grant an Special Exception to the regulations established in Section 10.7.2 of Article 10 for the purpose of allowing an attached garage to be converted into habitable living space, provided:
A. A minimum of two (2) on-site parking spaces are provided.
B. At least one other legally permitted garage conversion is located within 300 feet of the subject property as measured in a straight line from the nearest property line of the subject property to the nearest property line of the parcel where the existing garage conversion is located.
6.7.2 If any of the above noted minimum garage conversion standards are not met or if a garage conversion request is denied by the Planning and Development Director, the Zoning Board of Adjustment and Appeals may accept an appeal and grant a Special Exception to the regulations established Section 10.7.2 of Article 10 for the purpose of converting a garage into habitable living space.
SECTION 7- 8 - BUILDING SEPARATION (RESIDENTIAL)
6.8.1 The minimum separation between a main structure and detached accessory structure shall be six (6) feet, unless otherwise specified in Section 6.6.2.
6.8.2 Where a multi-family building or buildings are erected so as to create enclosed inner courts, the faces of all opposite walls in such courts shall be a minimum distance of twenty (20) feet apart, and no balcony or canopy shall extend into such minimum court area.
6.8.3 The minimum separation between the main building and an in-ground swimming pool, spa, hot tub, playhouse, sauna, gazebo or other accessory structure which does not exceed one story in height may be less than six (6) feet, but in no case less than three (3) feet for an in-ground swimming pool, if the accessory building is contiguous with or an integral part of the main building, and/or, the accessory building is engineered by a registered professional engineer to ensure the integrity of the existing (main building) foundation.
A. Such plans indicating the design for any such structure shall be submitted to the Building Inspection Department for review in connection with the issuance of a building permit.
B. Setback distances for in-ground swimming pools, spas, hot tubs and saunas shall be measured to the waters edge of the pool, spa, etc.
SECTION 2
THAT all other provisions of Article 6: Density and Dimensional Requirements of the Unified Development Code, City of Grand Prairie, Texas, not included in this amendment, shall remain in full force and effect, save an 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 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 4
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 5
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 6
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 15th DAY OF NOVEMBER, 2016.
ORDINANCE NO. 10187-2016
CASE NO. TA161001