From
Chris Hartmann
Title
TA180201A - Amending Appendix W, "Residential Development Standards" of the Unified Development Code of the City of Grand Prairie, Texas, to comply with recently adopted state legislation governing the regulation of building materials and construction methods. (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
Approved
Analysis
In response to HB 2437, which prohibits cities from passing an ordinance prohibiting or requiring developers use certain materials, staff proposes the following changes to Appendix W -Residential Development Standards:
Landscaping Requirements: Increase landscaping requirements for residential from 1 tree in front yard + 1 tree anywhere on the property to 2 + 2, but allow credit to be claimed for using recommended building materials (similar to Article 6).
Multi-Family Incentives: Allow increase in density, reduction in garage parking, or reduction in landscaping for multi-family developments that provide preferred materials.
Variance Language: The city receives frequent requests from developers for variances to a range of items, including lot sizes and garage orientation on single-family residential lots, and to limitations on 1-bedroom units and enclosed garage parking on multi-family residential developments. Staff proposes to modify the existing variance language for single-family and townhomes to allow for reduction in lot widths, setbacks, and garage orientation if recommended materials are used, and modify language for multi-family to establish that a credit may be granted towards 1-bedroom restrictions and number of enclosed garages if preferred materials and methods are used.
Multi-Family Amenities: The current ordinance contains three categories of amenities and requires that a developer select a certain number from two of the three categories to receive approval. In the 18 months since the ordinance was adopted, each multi-family development has met these requirements. Staff proposes to modify amenities requirements for multi-family to require that more amenities be provided while still only requiring amenities from two of the three categories; as an exception, if the development does not use recommended materials and methods, amenities are required to be provided from all three categories rather than two.
The full text changes are attached as Exhibit A.
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:
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 APPENDIX W, “RESIDENTIAL DEVELOPMENT STANDARDS”, OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO REMOVE BUILDING MATERIALS REQUIREMENTS AND RESTRICTIONS FOR RESIDENTIAL DEVELOPMENT AND CONSTRUCTION IN CONFORMANCE WITH STATE LAW AND TO ESTABLISH BUILDING MATERIALS OPTIONS AND RECOMMENDATIONS FOR RESIDENTIAL DEVELOPMENT AND CONSTRUCTION AND TO ESTABLISH INCENTIVES FOR USING RECOMMENDED MATERIALS FOR RESIDENTIAL CONSTRUCTION AND TO ESTABLISH A VARIANCE PROCESS FOR RESIDENTIAL DEVELOPMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; 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 W 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 Appendix W 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, Appendix W, “Industrial Development Standards” of the Unified Development Code of the City of Grand Prairie, Texas be amended as shown in Exhibit A - “Appendix W” 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 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 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 a violation of this Ordinance is a misdemeanor punishable inaccordnace 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 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 17th DAY OF SEPTEMBER, 2019.
ORDINANCE NO. 10711-2019
CASE NO. TA180201A