From
Monica Espinoza, Executive Assistant
Title
TA201101 - Text Amendment - Article 9: Sign Standards. Ordinance approving a text amendment to Article 9 of the Unified Development Code to amend required approval process for murals within the Central Area (CA) zoning district. (On November 23, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0-1 Max Coleman abstaining).
Presenter
Savannah Ware, AICP, Chief City Planner
Recommended Action
Approve
Analysis
PURPOSE OF REQUEST:
The purpose of this request is to amend the required approval process for murals within the Central Area (CA) zoning district. The City of Grand Prairie’s Community Revitalization Unit manages a downtown mural program. This amendment will align the Unified Development Code (UDC) with the Community Revitalization Unit’s efforts and streamline the approval process by designating the Community Revitalization Unit as the approval authority for murals in the Central Area (CA) zoning district. This amendment also clarifies the mechanism for approval - either through a contract between the building owner, artist, and the City of Grand Prairie Community Revitalization Unit or by registering the mural with the Community Revitalization Unit.
PROPOSED AMENDMENTS:
8.10 WALL MURALS
A. Description
An image or series of images or characters constituting artwork which is painted or affixed directly to a wall, ceiling, or window
Murals are permitted subject to the following conditions:
A. Window murals are allowed to cover up to 100 percent of windows on an unoccupied building or lease space, provided the mural is removed prior to 12 months from the date of completion or prior to the issuance of a Certificate of Occupancy for the building or lease space on which the mural is installed. An extension may be granted by the Planning Director or designee if the mural is in good repair and a building permit has been issued for the building or lease space on which the mural is installed.
B. Wall murals are allowed up to 100 percent of the wall area, not exceeding a height of 40 feet above grade.
C. Lighting of a mural shall be external only.
D. Only one wall mural per building is allowed in the Central Area (CA) zoning district. subject to approval by the City of Grand Prairie and subject to the Texas Department of Transportation if the building has frontage on or if the wall is visible from Texas Highway 180 (Main St.)
E. Murals in the Central Area (CA) zoning district require approval from the Community Revitalization Unit. The mechanism for approval shall be either through a contract or approval form between the building owner, artist, and Community Revitalization Unit or by registering the mural with the Community Revitalization Unit. Said contract or approval form shall be complete and approved by the Community Revitalization Unit prior to installation of a mural.
F. A building or sign permit is not required for murals within the Central Area (CA) zoning district.
G. Murals outside the Central Area (CA) zoning district are allowed only if approved by City Council.
B. Special Conditions
A. Murals shall be applied with a weather-resistant substance that can be easily removed, peeled or scraped off.
B. Should the mural become faded, peeled, illegible, or severely weathered in the opinion of the Planning Director or his designee, the owner, or the person or firm maintaining the same, shall, upon written notice, repair or remove the mural or repaint the wall on which mural is painted within 60 days, subject to the Visual Artists Rights Act.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 9, “SIGN STANDARDS” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO AMEND THE REQUIRED APPROVAL PROCESS FOR MURALS WITHIN THE CENTRAL AREA (CA) ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.
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 or City Council Development Committee directing the City Manager or designee to initiate such a request on behalf of the City, or by the initiative of the City Manager or designee.”, and
WHEREAS, the Office of the City Manager directed 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, 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 November 23, 2020, 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 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 P.M. on December 15, 2020 to consider the advisability of amending 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 THAT:
SECTION 1. Article 9 “Sign Standards” of the Unified Development Code, City of Grand Prairie, Texas, be amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
8.10 WALL MURALS
A. Description
An image or series of images or characters constituting artwork which is painted or affixed directly to a wall, ceiling, or window
Murals are permitted subject to the following conditions:
A. Window murals are allowed to cover up to 100 percent of windows on an unoccupied building or lease space, provided the mural is removed prior to 12 months from the date of completion or prior to the issuance of a Certificate of Occupancy for the building or lease space on which the mural is installed. An extension may be granted by the Planning Director or designee if the mural is in good repair and a building permit has been issued for the building or lease space on which the mural is installed.
B. Wall murals are allowed up to 100 percent of the wall area, not exceeding a height of 40 feet above grade.
C. Lighting of a mural shall be external only.
D. Only one wall mural per building is allowed in the Central Area (CA) zoning district. subject to approval by the City of Grand Prairie and subject to the Texas Department of Transportation if the building has frontage on or if the wall is visible from Texas Highway 180 (Main St.)
E. Murals in the Central Area (CA) zoning district require approval from the Community Revitalization Unit. The mechanism for approval shall be either through a contract or approval form between the building owner, artist, and Community Revitalization Unit or by registering the mural with the Community Revitalization Unit. Said contract or approval form shall be complete and approved by the Community Revitalization Unit prior to installation of a mural.
F. A building or sign permit is not required for murals within the Central Area (CA) zoning district.
G. Murals outside the Central Area (CA) zoning district are allowed only if approved by City Council.
SECTION 2. Sections of Article 9 “Sign Standards” 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. 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. 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. 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. 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 DECEMBER, 2020.
ORDINANCE NO. #####-2020
CASE NO. TA201101