HomeMy WebLinkAboutORD 1987-058 ORDINANCE N0. 87-58
AN ORDINANCE AMENDING ORDINANCE
N0. 82-73, 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 REGU-
LATIONS BY AMENDING SECTION 26 .A. 21 AND
SECTION 26 . I. 1 RELATIVE TO "HC" HIGHWAY
'� '�. COMMERCIAL ZONING DISTRICT; BY AMENDING
� SECTION 42 .C.3 RELATIVE TO SUPPLEMENTARY
' DISTRICT REGULATIONS; BY AMENDING SEC-
TION 47 RELATIVE TO SITE PLAN REVIEW IN
; ITS ENTIRETY; AND BY AMENDING SEC-
TION 51 .E. RELATIVE TO OPEN SPACE
REQUIREMENTS; PROVIDING A PENALTY NOT TO
�; EXCEED THE SUM OF ONE THOUSAND DOLLARS
($1 , 000 . 00) AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED UPON EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS; PROVIDING
A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
A. That Section 26.A. 21 relative to "HC" Highway Commercial
I Zoning District shall read as follows:
��' 21 . Commercial amusements, the operation of which is
totally within an enclosed building, including
; ir�,► bowling alleys, video arcades, roller skating and
ice skating arenas, motion picture theatres, but
� excluding any special uses authorized by
Section 49.B.
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! B. That Section 26.I . 1 . relative to "HC" Highway Commercial
Zoning District shall read as follows :
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l . No principal structure shall be erected or
' altered to a height exceeding one (1) story or
� thirty-five (35) feet.
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C. That Section 42.C. 3 relative to Supplementary District
; Regulations shall read as follows :
� 3 . An accessory building attached to the main
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� building shall be made structurally a part and
; have a common wall with the main building and
shall comply in all respects with the
requirements of this ordinance applicable to the
I main building. Unless so attached, an accessory
� � building in a residential district shall be
located on the rear one-half of the lot and at
least ten (10) feet from any dwelling or
� building existing or under construction on the
same lot or any adjacent lot. In all
'� residential districts a building or structure
I attached to the rincipal building or structure
� by only a breezeway having a maximum width of
six (6) feet shall be considered as being a
detached accessory building or structure.
Swimming pools may be located nearer than ten
(10) feet from any dwelling or building existing
as long as the excavation of the swimming pool
does not in any way harm or endanger the
existing building or dwelling. No accessory
expended within three years of receipt, or
unconditionally committed to be expended, shall be
refunded to the developer or subdivider.
Section 2 . 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 One
Thousand Dollars ($1 , 000 . 00) for each offense and a separate
offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
� Section 3 . If any section, article, paragraph, sentence,
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� � 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;
I 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 4 . The fact that the present ordinances and regu-
lations 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 become effective 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 this the 15th day of September , 1987 .
APPROVED:
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�' Mayor
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ATTEST:
City Secret ry
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APPROVED AS TO FORM:
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City Attorney
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EXHIBIT "A" TO
ORDINANCE NO. 87-58
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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
Cc�munity Develognent Departme.nt in the review of certain
applications for building permits, to assure cc�npliance 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, which is in campliance with the
�; applicable zoning district regulations, is approved.
� s. A�ox��. �
l. The Director of Community Develognent shall, subject to the
procedures, 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
i ordinance shall not be approved until:
�' a) The Director of Co�nznity Develo�xit has reviewed the
Site Plan and made a report to the Planning and Zoning
Comnission; with respect to whether the plan ccanplies
with codes and ordinances of the City;
b) The Planning and Zoning Ccmmission has received the Site
' Plan and made a recanmendation to the City Council with
respect to whether the Site Plan is in substantial
,F confozmity with the approved Master Develo�xnent Plan for
this property; and
', c) The City Council has reviewed and approved the Site Plan
as being in substantial confoYmity with the approved
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Master Development Plan.
'', 3. Any Site Plan that is required by Section 48 of this ordinance
shall not be approved until a conditional use permit has been
! authorized by the City Cauncil.
C. DEVEI,OPN�1'I' AND USES REIQUIRING A SITE PLAN. Site Plan review and
` approval, in accordance with the provisions of this section, shall
! be required for the following develo�xnents and uses.
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1. Any permitted, accessory, or conditional use in the following
i residential districts: R-3.5, R-3.75, R�H, R�III, R-MF-1,
R-MF-2.
� � 2. Any permitted, accessory, or conditional use i.n the follvwing
con�nercial districts: LB, CN, CC, HC, PO, and HCO.
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� 3. Any permitted, accessory, or conditional use in the following
� industrial districts: LI.
4. Any development or redevelognent within the Airport Noise �•°�-
Overlay Districts.
' , 5. Any development or redeveloFanent involving construction of any
building to be constructed, owned, leased or operated by any 4 A
unit of the national, state or local goverrmtent, or the use or
development of any land to be owned, leased or operated by any
such unit of government.
6. All develo t in the PRD-6 PRD-12 PC� and PID districts
l�n ► , .
� except single family detached dwellings and their related
' accessory uses and structures. Any site plan issued in
� connection with a planned develo�anent district must be in
conforniance with the approved Master Develo�.anent Plan for that
district.
; I�I D. EXII�IPT DEVEL�OPMF�IT. Notwithstanding any other provision of this
;I i, Ordanance, the following activities and uses shall not require
! ' ccxnpliance with this section.
� 1. Construction of a single family detached dwelling on an
t existing or platted single family lot.
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2. Construction of any permitted accessory use to a single family
chaelling on an existing or planned single family lot.
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' 3. Deposit and contouring of fill on land provided other
regulations of the City of Grapevine are met.
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4. P,dditions to any buildings or use, legally existing at the
' date of this Ordinance, when such addition does not exceed 200
square feet or one-third (1/3) of the gross floor area of the
� existing building or use, whichever is greater.
� ' 5. Any permitted use of a tenporary nature for a period not t�o
exceed one (1) year.
E. CONTENTS OF SITE PLAN APPLICATION. W'henever a Site Plan is
required under Section 47C. above, the application for site plan
approval shall include the following information and material:
1. The applicant's name and address and his legal interest in the
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subject property.
'� 2. The owner's name and address, if different frcan the
' applicant, with the owner's signed consent to the filing of
the application.
3. Street address (or cannon description) of the property.
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Section 47, Page 2
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4. The zoning classification and present use of the subject
property.
q_ 5. The proposed use or uses and a general description for the -
proposed development.
6. A final plat or replat of the approved subdivision by City
`'" Council showing property boundary lines and dimensions; and
'� easements, roadways, rail lines and public rights-of-way
� crossing and adjacent to the subject property.
7. If the property is subject to a Master Develognent Plan a
' statement showing that the proposed use substantially conforms
to the Master DeveloFanent Plan.
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� 8. An ro sed adin or r adin of the sub-ect ro
� Y P I� �' g e9z' g J P Pe�I'% anY
; significant natural, topographical or physical features of the
; property, including, at least, existing soil conditions, water
� courses, marshes, trees in excess of 4 inches in diameter,
' rock outcroppings and existing contours in excess of 2 feet in
f 100 feet.
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I 9. Map(s) shawing the location, size, use and arrangement of all
; proposed buildings and camputations showing height in stories
f 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 rnm�ber and size of
( dwelling units, and rnunber of bedrooms, in residential uses,
�� and building separations.
10. Minitrnun yard dimensions and, where relevant, relation of yard
dimensions to the height of any building or structure.
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I11. Location, dimensions and ntm�ber of all vehicular and
j pedestsian 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
I elements; and total lot coverage of all circulation elements,
i divided between vehicular and pedestrian ways.
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12. The location and size of existing and proposed water and sewer
j public utilities on and adjacent to the site and fire hydrant
locations.
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13. All existing and proposed surface and subsurface drainage
! facilities, including culverts, drains and detention ponds,
� shawing size and dimensions of flow.
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' 14. Location, size and arrangement of all outdoor signs and
! the location and intensity of all outdoor lighting.
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15. I�cation and height of fences or screen plantings and the type
j or kind of building materials or plantings to be used for
fencing or screening.
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; 16. Final elevations of proposed structures with the type or ki.nd
of building materials used. Calculations of the percentage of
�', masonry of the entire structure. � „
17. Location, designation and total area of all usable open space.
18. A detailed land
sca in lan meetin the rovisions of Section
P g P g P
53 of this Ordinance.
19. A soil erosion control plan for the period during which
construction will be taking place.
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20. In the case of any use requiring a special use permit, any
information necessary to demonstrate campliance with all
conditions imposed on the proposed special perm.it use by this
� I ordinance.
! 'I 21. Any other information that may be required by the Director of
C�nity DeveloFanent to determine that the application is in
ccxnpliance with the codes and ordinances of the City.
22. Parking for disabled persons should be designated according to
Chapter 23 Section 23-64 - 23-69 of the Code of Ordinance.
23. Designate all refuse storage areas according to Section '�'�
50.B.3.
24. A letter frcan the Public Works Departm�nt accepting all �
subdivision i�rovements (i.e. drainage, sewage, utilities and
street improvenents) .
F. PROC,EDURE FOR PRCX;ESSING SITE PLANS. The following procedures
shall govern the processing and approval of site plan applications.
' 1. PRE-APPLICATION CONFEFtE�ICE: Prior to filing a formal site
I' , lan a lication the a licant ma r est a re-a lication
P PP . PP Y �N P PP
conference with the Director of Coimlunity Development or his
designee. The pt�pose of the pre-application conference shall
', be to assist the applicant in bringing the site plan into
' ', conformity with these and other regulations applying to the
' subject property and to define the specific su�iission
' requirem�ents for site plan application.
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�;' ' ' 2. APPLICATION: Applications for site plan approval shall be
sulinitted to the Director of Coinrnznity Develo�nexit or his
designee in four (4) duplicate copies. Al1 maps and
graphics, sulinitted as part of the Site Plan application,
shall be to scale and not smaller than 1"-50' . A
non-refundable application fee, as established frcan ti� to ` °
Section 47, Page 4
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tims by the City Council, to help defray achninistrative cos� i
and costs of a hearing, shall acccgnpany each application.
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� 3. ACrION BY DIRDC."I'OR OF CONA�1[JNITY DEVEL�OPMENT: Within thirty
(30) days of the filing of an application the Director of I
i C�tnity Development shall cause such application and the i
� � attached site plan to be reviewed, in terms of the standards
I established by Section 47.H. below, by qualified City
I 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
I with Section 47H below, approve it subject to specific j
modifications; or (4) on the basis of such findings, decline
to approve the application, provided, haw�ever, that in the �
case of site plan applications required by Section 47C.6, the ;
Director of Co�anunity Development shall not approve said '
application but shall sul:mit them together with his report �
thereon to the Planning and Zoning Ccximission. I�diately �
upon concluding his review, the Director of Community I
� Develo�anent sha.11 return one copy of the applicant's plans to ��
� him marked to show either approval, or approval subject to j
� modification, which mr�difications shall be clearly and
! pernianently marked on such plans. The failure of the Director
; of Ca�nunity Development or his designee to act within said
; 30 days on any application, except one required by Section '
� 47.C.6, shall be deemed to be approval of the Application and
! plans.
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I 4. CONFERII�IC�S AND MODIFICATIONS DURING REVIEW: While reviewing
� such application, the Director of Camm�nity Develo�a�nt or
' his designee may, or at the request of the applicant shall,
� meet with the applicant for such conferences concerning the
iproposed site plan as may be appropriate and may accept
'� amended plans in substitution of those originally su�iitted.
� 5. ACTION BY PI�NrTING AND ZODIING CONIl��SSION: If the Director of
', Concnunity Development 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
� ac�iinistrative action but shall entitle the applicant to have
j his application referred to the Planning and Zoning Canmission
for review and decision of such matters as remained unresolved
I between the Director and applicant. Such review may be
j secured by the applicant by filing a written request therefore
with the Director of C�nity Development. Upon receipt of
such request, the Director shall i�nediately refer the
i applicant and his report thereon to the Planning and Zoning
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� Camnission, which shall review and act upon the application in
the same manner and subject to the same standards and
'I limitations as those made applicable to the Director of
; Ccamtunity Development, except that the Ca�ission shall have
j 30 days fram the date of such referral within which to act.
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The decision of the Planning and Zoning Cammission shall be
I final.
G. STANDARDS FOR SITE PLAN REVIEW.
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i 1. STANDARDS. The Director of Conam�nity Development shall not
refuse to approve, and the Planning and Zoning Cc�nanission and �, t�.
the City Council shall not disapprove Site Plans sukmitted
pursuant to this Section except on the basis of specific
written findings dealing with one or more of the following
standards:
(a) The application is incamplete 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.
I (b) In the case of a site plan sulxnitted in conjunction with
'I a planned development, a special or conditional use
I pezmit, or any district regulations in this Ordinance
', that contain specific develo�anent standards, such as the
' PRI�6, PRI}-12, PCD, or PID Districts, the site plan fails
to meet adequately specified standards required by this
Ordinance with respect to such develo�xnent 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
I 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 fr�n or for nearby uses with which the
i proposed use may be incampatible.
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(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.
Section 47, Page 6
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(h) The proposed site plan does, or will, unnecessarily, and
in specified particulars, create drainage or erosion
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problems. �,
(i) In the case of site plans for develognents in the PRI�6,
PRD-12, PC� and PID Districts, the proposed site plan '
� fails, in specified particulars, to conform substantially �
� � to the approved Master Development Plan for the Property. ,
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i 2. ALTEF2rTATIVE APPRUAC'��'.S. In citing any of the foregoing
� standards, other than those of subparagraph 1(a) , as the basis '
� for declining to approve or for disapproving a site plan, the '
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Director of Camrninity Develo�xnent shall suggest alternate
site plan approaches which could be utilized to avoid the
specified deficiency or shall state the reasons why such
i deficiency or shall state the reasons why such deficiency
� cannot be avoided consistent with the applicant's objectives.
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� H. EFFECT OF SITE PLAN APPROVAL. If the Director of Conmunity
' Development, or the City Council or the Planning and Zoning
{� Ccac¢nission approves the application or approves its subject to
further specified approvals or to modification which are acceptable
' to the applicant, such approval shall not authorize the
; establisl�ent or extension of any use nor the development, '',
iconstruction, reconstruction, alteration or moving of any building, ,
I 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.
I' I. LIMITATIONS ON SITE PLAN APPROVAL. No site plan approval shall be
valid for a period longer than one year fram the date such approval
I is issued unless a building pernut is issued and construction is
i actually begun within that period, and is thereafter diligently
' pursued to ccanpletion or an occupancy pernnit is obtained and a use
j conmenced within that period. Approval of an application does not
� authorize any wr�rk in conflict with any codes or ordinances of the
! City of Grapevine.
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� J. ANI�NDN�1T. An approved site plan may be amended at any time in the
j same manner and subject to the same standards and limitations as
I provided in this Section for original site plan approval.
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