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HomeMy WebLinkAboutORD 1989-081 ORDINANCE NO. 89-81 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE NO. 82-73 , AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, ,,,,�� BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 3 DISTRICTS AND BOUNDARIES THEREOF; BY AMENDING SECTION 12 DEFINITIONS; BY AMENDING �" SECTION 38 "GU" GOVERNMENTAL USE DISTRICT; BY AMENDING SECTION 40 "DFW" DALLAS/FORT WORTH INTERNATIONAL AIRPORT DISTRICT; BY AMENDING SECTION 47 SITE PLAN REVIEW AND BY AMENDING SECTION 48 CONDITIONAL USES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000 . 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l . That Ordinance No. 82-73 , as amended, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the Code of Ordinances of the City of Grapevine, Texas, is hereby amended in the following �" particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" are not amended � but are hereby ratified, verified, and affirmed: A. That Section 3 Districts and Boundaries Thereof is hereby amended by deleting and repealing the "DFW" Dallas/Fort Worth Airport District in its entirety. B. That Section 12 Definitions is hereby amended by adding a definition to read as follows: "400 . Structure: shall mean any building, construction, facility or edifice, including but not limited to an underground or overground utility line, drainage facility, fence, street, or runway. " C. That Section 38 "GU" Governmental Use District is hereby amended by adding Section 38 .C. 7 to read as follows: "7. Airports and airport-related facilities and services including, but not limited to, terminals, runways, taxiways, tramways, airport hangers, • warehouses, heliports, helistops, service establishments catering to the airport and �'� airport-related facilities and excavation or fill for any airport-related facility. " �, D. That Section 38 "GU" Governmental Use District is hereby amended by amending Section 38 .E and 38 .F to read as follows: "E. Plan requirements: No application for a building permit for construction of a building or structure shall be approved unless: 1 . A Plat, meeting all requirements of the City of Grapevine has been approved by the City Council and recorded in the official records of Tarrant County; 2 . A Site Plan, meeting the requirements of Section 47 , has been approved; 3 . A Landscape Plan, meeting the requirements of Section 53, has been approved. F. Governmental immunity: 1 . Upon petition of the applicant, the City �. h Planning and Zoning Commission may recommend, and the City Council may officially recognize that the applicant is immune from compliance with specific provisions of the City zoning `"�' ordinance for a proposed building, structure, use, development or activity (a) if such immunity specifically is required to be granted by any applicable state or federal statute, or (b) in the absence of such a statute, upon consideration and balancing of all relevant factors, including but not limited to: (1) The impact of zoning compliance on the proposed building, structure, use, development or activity; (2) The impact of the proposed building, structure, use, development or activity on the city; (3) Whether a more prudent and feasible � alternative location exists for the proposed building, structure, use, � development or activity; and, (4) The need of the applicant and the region for the building, structure, use, development or activity at the proposed location. 2 . a Governmental immunity may be granted pursuant to subparagraph (b) only after notice is given and public hearings are held in compliance with Section 67 . " E. That Section 40 "DFW" Dallas/Fort Worth International Airport District is hereby deleted and repealed in its entirety. F. That Section 47 Site Plan Review is hereby amended by amending Sections 47 .C.5 through 47 .K to read as per the attached Exhibit "A" . G. That Section 48 Conditional Uses is hereby amended by amending Section 48 .E to read as follows: ��°� "E. Hearing on conditional use permit application. A public hearing on the application shall be held and notice thereof given in the manner and form required for �v� amendments as set out in Section 67 of this Ordinance unless the Director of Community Development or the Planning and Zoning Commission determines that the application is incomplete. " J. That Section 48 Conditional Uses is hereby amended by adding Sections 48 .F. 11 through 48 .F. 15 to read as per the attached Exhibit "B" . Section 2 . If any section, article, paragraph, sentence, clause phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ��.,, Section 3 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2, 000 . 00) and a separate offense shall be deemed committee upon each day during or on which a violation occurs or continues. Section 4 . The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals , peace and general welfare of the public creates an emergency which requires that this ordinance take effect immediately from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 21st day of November , 1989. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on an emergency basis on this the 5th day of December , 1989. � APPROVED: � � William D. Tate Mayor ATTEST: Lin a Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. � `^ City Attorney � , EXHIBIT "A" TO ORD.INANCE NO. 89-81 Sec. 47. Site Plan Review. � A. APPLICABILITY. Site Plans, prepared and approved in accordance with the provisions of this section, shall be required to assist Comnunity Development Department in the review of certain � applications for building permits, to assure cc��pliance with all applicable requirements and standards of this Ordinance, and in such other instances as may be required by the terms of this Ordinance. Whenever a Site Plan in required by this Section, or any other provision of this Ordinance, the City shall not issue any building permit until a Site Plan, whic�i is in can�pliance with the applicable zoning district regulations, is approved.. B. AUTfiORITY. 1. The Director of Comnunity Develo�anent shall, subject to the • proced.ures, standards, and limitations hereinafter set forth, review and approve site plans for those uses listed under Section 47 C.1-C.5 of this Ordinance. 2. Any Site Plan that is required by Section 47.C.6 of this ordinance shall not be approved until: a) The Director of Coimninity Develo�nent has reviewed the Site Plan and made a report to the Planning and Zoning ,,,� Ca�nission; with respect to whether the plan ccmplies with codes and ordinances of the City; , � b) The Planning and Zoning Ca�ni.ssion has received the Site Plan and made a recamnendation to the City Council with respect to whether the Site Plan is in substantial conformity with the approved Master Development Plan for this property; and c) The City Cauncil has reviewed and approved the Site Plan as being in substantial conformi.ty with the approved Master Develo�anent Plan. 3. Any Site Plan that is required by Section 48 of this ordinance shall not be approved until a conditional use pezmit has been authorized by the City Council. C. DEVFTAPN�VT AND USES REQUIRING A SITE PLAN. Site Plan review and approval, in accordance with the provisions of this section, shall be required for the follawing develo�xnents and uses. 1. Any permitted, accessory, or conditional use in the follawing residential districts: R-3.5, R-3.75�, R-TH, R-NhI, R-MF-1, R-ME'-2. .,�•„� 2. Any permitted, accessory, or conditional use in the follawing - co�ranercial districts: LB, QJ, CC, HC, PO, and HCO. ��. 091587 . Section 47, Page 1 EXHIBIT "A" TO ORDINANCE NO. 89-81 3. Any permitted, accessory, or conditional use in the follawing industrial districts: LI. e��a 4. Any development or redevelopment within the Airport Noise Overlay Districts. �� 5. All permitted, accessory, and conditional uses in the Governmental Use (GU) District. 6. All develo�anent in the PRD-6, PRI�-12, PCD, and PID districts e�cept single family detached dwellings and their related accessory uses and structures. Any site plan issued in connection with a planned development district must be in conformance with the approved Master Development Plan for that district. D. E�'r DEVEL,OPMENT. The follawing activities and uses shall not ' require campliance with this section unless otherwise required by this Ordinance. 1. Construction of a single family detached dwelling on an existing or platted single fami.ly lot. 2. Construction of any permitted accessory use to a single family dwelling on an existing or planned single family lot. 3. Deposit and contouring of fill on land provided other regulations of the City of Grapevine are met. �'�► 4. Additions to any builclings or use, legally existing at the ,�� date of this Ordinance, when such addition does not exceed two hundred (200) square feet or one-third (1/3) of the gross floor area of the existing building or use, whichever is greater. 5. Any pennitted use of a temporary nature for a period not to exceed one (1) year. � E. C:�I'IIVTS OF SITE PLAN APPLICATIaN. 1. Whenever a Site Plan is required under subsection C, the application for site plan approval shall include the follawing information and material: (a) The applicant's name and address and his legal interest in the subject praperty. (b) The owner's name and address, if different from the applicant, with the awner's signed consent to the filing of the application. (c) Street address (or comnon description) of the property. �'� �.� , 091587 Section 47, Page �2 EXHIBIT "A" TO ORDINANCE NO. 89-81 (d) The zoning classification and present use of the subject property. �� (e) The proposed use or uses and a general description for the proposed development. ''"�" (f) A final plat or replat of the approved subdivision by City Council shawing property boundary lines and dimensions; and easements, roadways, rail li.nes and public rights-of-way crossing and adjacent to the subject property. (g) If the property is subject to a �Nlaster Development Plan a statement shawing that the proposed use substantially conforms to the Master D�evelo�nent Plan. (h) Any proposed grading or regrading of the subject property; any significant natural, topographical or physical features of the • property, including, at least, existing soil conditions, water courses, marshes, t-xees in e�cess of faur (4) inches i.n diameter, rock outcroppings and existing contours in excess of two (2) feet in one hLmdred (100) feet. (i) Map{s) showing the location, size, use and arrangement of all . proposed buildings and camputations shcxaing height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, and rnunber and size of a� dwelling units, and rnunber of bedroams, in residential uses, and building separations. - "'�"" (j) Minimtun yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure. (k) Location, dimensions and rnunber of all vehicular and - pedestrian circulation elements, including streets, and roadways, driveways, entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including slope and gradient of vehicular elements; and total lot caverage of all circulation elements, divided between vehicular and pedestrian ways. (1) The location and size of existing and proposed water and sewer public utilities on and adjacent to the site and fire hydrant locations. � (m) All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing size and dimensions of flaw. " (n) Location, size and arrangement of all outdoor signs and the location and intensity of all outdoor lighting. �,� �.� 091587 Section 47, Page 3 „ EXHIBIT "A" TO ORDINANCE NO. 89-81 (o) Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening. ..�� (p) Final elevations of proposed structures with the type or kind of building materials used. Calculations of the percentage of masonry of the entire structure. ,�r (q) Location, designation and total area of all usable open space. (r) A detailed landscaping plan meeting the provisions of Section 53 of this Ordinance. - (s) A soil erosion control plan for the periad during which construction will be taking place. (t) In the case of any use requiring a special use permit, any , information necessary to demonstrate ccanpliance with all conditions imposed on the proposed special permit use by this orclinance. (u) Any other information that may be required by the Director of C�m�unity Develo�xnent to determine that the application is in canpliance with the codes and ordinances of the City. (v) Parking for disabled persons should be designated according to Chapter 23 Section 23-64 through 23-69 of the Code of Ordinances. ��+� (w) Designate aIl refuse storage areas according to Section ' S0.B.3. � ,, ', (x) A letter fram the Public Works Depa.rtment accepting all ', subdivision improvements (i.e. drainage, sewage, utilities and street improveqnents) . " 2. Whenever a Conditional Use Permit is requixed pursuant to Section 48, the fol-lawing additional inforn�ation shall be su�anitted, subject to the provisions of Stiibsection F. (a) All final envirorunental assessments and environmP_ntal impact statements for the proposed building, structure, use, develo�nent or activity if either or both are required pursuant to state or federal law, including but . not limited to the National Envirormmental Policy Act (as amended) . (b) Copies of all studies or analyses upon which have been . based projections relied upon by the applicant of the need or demand for the proposed building, structure, use, develc7pment or activity, together with copies of all studies or analyses upon which the applicant has .relied ,,,�,� in selecting a location for the proposed building, ��� 091587 Section 47,' Page 4 EXHIBIT "A" TO ORDINANCE NO. 89-81 structure, use, developnent or activity c�ver alternatives thereto; � (c) A description of the present use, assessed value and actual land value of land which will be used or adversely impacted by the proposed building, structure, use, � develoFanent or activity and by each alternative thereto considered by the applicant, together with a description of the expected future use of all such land, including all long-tenn plans and master plans for the future use or develo�anent of the applicant affecting such land; (d) A description of the applicant's ability to obtain needed easements (including but not limited to those necessary for drainage, waste disposal, utilities, and avigation) for the proposed building, structure, use, development or activity and for each alternative thereto considered by ` the applicant; (e) A description of the feasibilit_y and costs of any necessary removals of or modifications to residential, camt�ercial and public structures in connection with the proposed building, structure, use, development or activity and with each alternative thereto considered by the applicant; (f) A description of all special construction requirements � for the proposed building, structure, use, develoFanent or activity and for each alternative thereto considered .by � the applicant, including descriptions of special geologic features and availability of special materials needed for construction; (g) A description of the effect on airport access and egress of the proposed building, structure, use, development or activity and of each alternative thereto considered by the applicant, including projections of future ground traffic, traffic impact surveys, descriptions of existing access and egress routes, descriptions of necessary or proposed expansions or enlargements of routes and parking areas; (h) If the proposed use or activity will result in increased noise levels, a description of the noise levels expected to be generated by or in conjunction with �the proposed building, structure, use, devlopment or activity upon co�ncement of operations and during each fifth year thereafter over the projected life of such building, structure, use, development or activity, including (1) maps showing projected 55, 60, 65; 70, and 75 Ldn noise contours and (2) hourly data shawing the projected � geographical distribution and duration of any single noise events in excess of 65, 75, 85 and 95db; � � 091587 � Section 47, Page -5 I EXHIBIT "A" TO ORDINANCE NO. 89-81 (i) Copies of all studies undertaken or considered by any local, state or federal agency in connection with the proposed building, structure, use, develo�anent or ,,,�;� activity and each alternative thereto considered by the applicant. F. WAIVER OF APPLICATION RDQUIRII�NTS �� 1. The City Council, upon reca�iendation by the City Planning and Zoning C�cnission, may waive any part of the application requirements imposed by Subsection E.2 upon petition by the applicant showing that: " (a) full ccxnpliance with the application requirements of S�.ibsection E.2 would be unreasonably burdensome; and (b) the proposed building, structure, use, development or • activity will not have a substantial impact on adjacent and surrounding areas. 2. A waiver may be granted only if the City Council determines that the information sukx�iitted is sufficient to detezmine that the proposed buildi.ng, structure, use, development or activity will ccxnply fully with all applicable ordinances and master plans and that the proposed use, development or activity will not have a substantial impact on adjacent and surrounding areas. �� 3. A waiver may be granted only after notice is given and public hearings are held in ccxnpliance with Section 67. �,:w ', G. PROCEDURE FOR P�SSING SITE PLANS. The following procedures ', shall govern the processing and approval of site plan applications. 1. PRE-APPLICATION CUNFERII�ICE: Prior to filing a fornnal site plan application, the applicant may request a pre-application conference with the Director of Conmtznity Development or his designee. The pur�ose of the pre-application conference shall , be to assist the applicant in bringing the site plan into conforn►ity with these and other regulations applying to the subject property and to define the specific sukmission requirements for site plan applications. 2. APPLICATION: Applications for site plan approval shall be su}�nitted to the Director of Ca�rnxnity Develo�anent or his designee in four (4) duplicate copies. All maps and graphics, sukanitted as part of the site plan application, shall be to scale and not smaller than one (1) inch equals fifty (50) feet. A non-refundable application fee, as established frc�n time to t�me by the City Couneil, to help defray administrative costs and costs of a hearing, shall acca�any each application. ,,,�� vr�,r 091587 - Section 47, Page �6 EXHIBIT "A" TO ORDINANCE NO. 89-81 3. AC�I'ION BY DIRECTOR OF CC�M�I[7NITY DEVIIAPMENT: Within thirty (30) days of the filing of an application the Director of � C�nity Development shall cause such application and the attached site plan to be reviewed, in terms of the standards established by Section 47.H. belaw, by qualified City personnel. He shall then either: (1) approve the ''"�' application; (2) approve it subject to the applicant obtaining further specified approvals pursuant to the provisions of this Ordinance; (3) on the basis of written findings in accordance with Section 47.H. below, approve it subject to specific modifications; or (4) on the basis of such findings, decline to approve the application, provided, hawever, that in the case of site plan applications required by Section 47.C.6., the Director of C�nity Development shall not apprave said application but shall su�nit them together with his report thereon to the Planning and Zoning Comnission. Immediately upon concluding his review, the Director of Comminity � Development shall return one (1) copy of the applicant's plans to him, marked to show either approval, or approval subject to modification, which modifications shall be clearly and pern�anently marked on such plans. The failure of the Director of Conm�uzity Development or his designee to act within said thirty (30) days on any application, except one required by _ Section 47.C.6. , shall be deemed to be approval of the application and plans. 4. CONFERII�CES AND MODIFICATIONS DURING REVIE,W: While reviewing ,,,�,, such application, the Director of Comrnanity DeveloFxnent or his designee may, or at the request of the applicant shall, meet with the applicant for such conferences concerning the "'�' proposed site plan as may be appropriate and may accept amended plans in substitution of those origi.nally submitted. 5. ACTION BY PIANNING AND ZdNING CCINIl�SSION: If the Director of . Ca�rn�nity Develapn�ent declines to approve the application, or approves it subject to modifications which are not acceptable to the applicant, such action shall not be deemed final administrative action but shall entitle the applicant to have his application referred to the Planning and Zoning Camnission for review and decision of such matters as remained unresolved between the Director and applicant. Such review may be secured by the applicant by filing a written request therefor with the Director o.f Comrn�nity Development. Upon receipt of such request, the Director shall imnediately refer the � applicant and his report thereon to the Planning and Zoning Canmission, which shall review and act upon the application in the same manner and subject to the same standards and limitations as those made applicable to the Director of � C.amrnani�y Development,except that the CcxYmiss�on shall have thirty (30) days from the date of such referral within which to act. The decision of the Planning and Zoning Conmission .��� shall be final. H. STANDARDS FOR SITE PLAN REVIEW. � 091587 Section 47, Page 7 EXHIBIT "A" TO ORDINANCE NO. 89-81 1. STANDARDS: The Director of Conmunity Develo�anent shall not refuse to approve, and the Planning and Zoning Comnission and the City Council shall not disapprave Site Plans sut�nitted pursuant to this Section except on the basis of specific ��" written findings dealing with one (1) or more of the follcrwing standards: �r (a) The application is incc�rplete in specified particulars or contains or reveals violations of the Zoning Ordinance or other ordinances of the City which the applicant has, after written request, failed or refused to supply or correct. -- (b) In the case of a site plan su�xnitted in conjunction with a planned development, a special or conditional use pezmit, or any district regulations in this Ordinance that contain specific develo�anent standards, such as the • PRD-6, PRD-12, PCD, or PID Districts, the site plan fails to meet adequately specified standards required by this Ordinance with respect to such development or special use. (c) The proposed site plan does, or will, interfere unnecessarily, and in specified particulars, with easement, roadways, rail lines, utilities, and public or private rights-of-�way. (d) The proposed site plan does, or will unnecessarily, and in specified particulars, destroy, damage, detr�mentally �,�, modify or interfere with significant natural, topographic or physical features of the site. " �: � (e) The circulation elements of the proposed site plan unnecessarily, and in specified particulars, create, or _ will create: hazards to safety on or off the site; disjointed pedestrian or vehicular circulation paths on or off the site; undue interference with and inconvenience to pedestrian travel. , (f) The screening of site does not, or will not, provide adequate shielding from or for nearby uses with which the proposed use may be incampatible. (g) Based on recognized standards, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance. � (h) The proposed site plan does, or will, unnecessarily, and in specified particulars, create drainage or erosion problems. (i) In the case of site plans for develo�ents in the PRD-6, „�,,,� PRD-12, PCD and PID Districts, the proposed site plan +�.r 091587 Section 47, Page 8 � EXHIBIT "A" TO ORDINANCE NO. 89-81 fails, in specified garticulars, to conform substantially to the approved Master Development Plan for the Property. '�"°' 2. ALTEI�IATIVE APPROACHES. In citi.ng any of the foregoing standards, other than those of subparagraph l.a. , as the basis for declining to approve or for disapproving a site plan, the �, Director of Comrn�nity Develo�.nt shall suggest alternate site plan approaches which could be utilized to avoid the specified deficiency or shall state the reasons why such deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the a�licant's objectives. I. EFF�CT OF SITE PLAN APPROVAL. If the Director of Conmunity Development or the City Cauncil or the Planning and Zoning Conmission approves the application or approves it subject to further specified approvals or to modification which are acceptable to the applicant, such approval shall not authorize the , establishment or extension of any use nor the develapment, construction, reconstruction, alteration or moving of any building, or structure, but shall authorize only the preparation filing and processing of applications for any further permits or approvals which may be required by the codes and ordinances of the City, including approvals such as a building permit, a certificate of occupancy, or subdivision approval. ' J. LIlKITATIONS ON SITE PLAN APPROVAL. No site plan approval shall be valid for a period longer than one year fram the date such approval � is issued unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently _ pursued to cc�npletion or an occupancy permit is obtained and a use � c�nenced within that period. Approval of an application does not authorize any werk in conflict with any codes or ordinances of the City of Grapevine. K. �1DMENT. An approved site plan may be amended at any time in the � same manner and subject to the same standards and limitations as provided in this Section for original site plan approval. � � 091587 Section 47, Page 9 I EXHIBIT "B" TO ORDINANCE NO. 89-81 Sec. 48 Conditional Uses 5. The particular provision of this ordinance authorizing the proposed conditional use; �.� 6. A general description of the proposed conditional use; 7. An application for site plan approval, as required and defined in Section 47 of this Ordinance; �"'�' 8. A statement or diagram shawing ccxnpliance with any special conditions or requirements in�osed upon the particular conditional use by the applicable district regulations; 9. A statement as to why the proposed conditional use will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood; 10. A statement as to how the proposed conditional use is to be • designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. E. HEARING ON CONDITIONAL USE PERMIT APPLICATION. A public hearing on . the application shall be held and notice thereof given in the manner and form required for amenchnents as set out i.n Section 67 of this Ordinance unless the Director of C�rnznity Develapment or the Planning and Zoning Canmission deternnines that the application is ', incamplete. „�„� �', F. STANDARDS. The following standards, among other relevant �I standards, may be considered by the Planning and Zoning Cca�mission `'�� ', and City Council in determining whether a conditional use may be granted. �I� 1. That the proposed conditional use will be consistent with the I adopted policies in the Ccanprehensive Master Plan of the City ' of Grapevine; , 2. That the proposed conditional use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare; 3. That the proposed conditional use will be constructed, arranged and operated so as not to daninate the i�nediate vicinity oz to interfere with the development and use of neighboring.property in accordance with the applicable district regulations. In - determining whether the proposed conditional use will so dcaninate the ittmediate neighborhood, consideration shall be given to: �� (a) the location, nature and height of building, structures, walls, fences on the site; and �� 112189 Section 48 SPC, Page 2 EXHIBIT "B" TO ORDINANCE NO. 89-81 (b) the nature and extent of screening on the site; 4. That the proposed conditional use ccxnplies with all applicable �""°°' regulations of this ordinance, including lot size requirements, bulk regulations, use limitations, and performance standards; .�, 5. That the proposed conditional use at the specified location will contribute to or prcanote the welfare or convenience of the public; 6. That off-street parking and loading areas will be provided in accordance with the standards set out in Sections 56, 57 and 58 of this Ordinance, and such areas will be screened from any adjoining residential uses and located so as to protect such residential uses fram any injurious effect; 7. That adequate access roads or entrance and exit drives will be , provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys; 8. That the proposed conditional use will be served adequately by essential public facilities and sezvices such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services. 9. That the proposed conditional use will not result in the ''� destruction, loss or ,damage of any natural, scenic or historic feature of significant importance; '" � 10. That proposed conditional use will camply with any additional standards imposed on it by the particular provision of this Ordinance authorizing such use. 11. The Director of Comrn�nity Development has approved the detailed landscaping plan as having met the provisions of Section 53. 12. That the proposed conditional use will minimize disruption to existing neighborhoods, will minimize the adverse im�act on existing cca�munity services, and will camplement in the least intrusive manner possible the needs of the city, region and the state; 13. That the benefits of the proposed conditional use outweigh the loss of or damage to any hanes, businesses, natural resources, agricultural lands, historic or cultural lanc�narks or sites, wildlife habitats, parks, or natural, scenic, or historic feature of significance, and outweigh the personal and econanic costs of disruption to the lives, businesses and property of individuals affected by the proposed use; �- 14. That all alternative sites and all reasonable means for meeting . the projected need or deqnand for the proposed building, ,w � 112189 Section 48 SPC, Page 3 I n n EXHIBIT B TO ORDINANCE NO. 89-81 structure, develognent, use or activity which may be less costly or less intrusive to existing cc�tmunities have been considered and rejected by the applicant for clearly disclosed „�:�, reasons, and that all reasonable means for minimizing adverse impacts of the proposed use have been considered and incorporated into the proposal; �,� 15. That the proposed conditional use is consistent with prior plans, master plans and projections of the applicant, if any, upon which the Gity of Grapevine has based planning or zoning decisions or, if the proposed use is inconsistent with prior plans or projections of the applicant, that any such inconsistency is outweighed by the benefits to the caimiunity of the proposed use. G. CONDITIOI�L AND RESTRICTIONS. In granting a conditional use, the Planning and Zoning Ccmmission may reccnm�end, and the City Council ' may impose such conditions, safeguards and restrictions upon the premises benefited by the conditional use as may be necessary to camply with the standards set out in Section 48.F of this Ordinance to avoid, or minimize, or mitigate any potentially injurious effect of such conditional uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Ordinance. . Such conditions shall be set out in the Ordinance approving the conditional use permit. ', H. AFFIDAVIT OF CONIPLIANCE WITH CONDITIONS. Whenever any conditional ', use pe�nit authorized pursuant to this Section is made subject to �� I� conditions to be met by the applicant, the applicant shall, upon I meeting such conditions, file an affidavit with the Director of '�, Catnnunity Develo�anent so stating. '� " II I. EE�'ECT OF ISSUANCE OF A PERMIT FOR A CONDITIONAL USE. The issuance of a permit for conditional use shall not authorize the - establishment or extension of any use nor the develoFm�ent, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any pennits or approvals which may be required by the codes and ordinances of the City, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval. J. PERIOD OF VALIDITY. No conditional use permit shall be valid for a period longer than one (1) year fram the date on which the City Council grants the conditional use, unless within such one (1) year period: (1) a building permit is obtained and the erection or alteration of a structure is started, or (2) an _occupancy permit is obtained and a use c�nced. The City Council may grant one � additional extension not exceeding one (1) year,� upon written application, without notice or hearing. No additional extension shall be granted without ccxnplying with the notice and hearing requirements for an initial application for a conditional use �� permit. �,� 1�2189 Section 48 SPC, Page 4