HomeMy WebLinkAboutPZ Item 05 - Mixed Use District pi TEIvl
MEMO TO: MEMBERS OF THE PLANNING AND ZONING
COMMISSION
FROM: RON STOMBAUGH, PLANNING & DEVELOPMENT
MANAGER
MEETING DATE: NOVEMBER 17, 2009
SUBJECT: WORKSHOP ITEM—DISCUSSION RELATIVE TO
CHANGES AND AMENDMENTS TO SECTION 40,
"MXU" MIXED USED DISTRICT
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission consider the
amendments to Section 40, "MXU" Mixed Use District, and take any other action
necessary.
BACKGROUND INFORMATION:
At a Commission workshop held on October 14, 2009 a discussion was held on
Section 40, "MXU" Mixed Use District relative to the spirit and intent of the district
and the requests for rezoning to "MXU" Mixed Use District considered over the
last year. A number of recommended changes were suggested as follows:
• Revision of the Purpose statement to more clarify the use of the district
• Establishing a geographic boundary within which rezoning requests to
"MXU" Mixed Use District must be relegated
• Requiring a minimum of two of the three standard components of mixed
use i.e. residential, retail, and office within a development
• Requiring a residential component within a mixed use development and
establishing a minimum percentage of this residential component
• For projects that propose a hotel in addition to the required residential
component, a third component, e.g., retail or office, will also be required
• Free standing restaurants, retail, and movie theaters to be considered as
conditional uses
Staff recommends the Commission thoughtfully consider the attached amended
ordinance and be prepared to discuss any additional changes or amendments
deemed necessary.
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Section 40, MXU Mixed Use District Regulations
PURPOSE: The purpose of the Mixed Use MXU District is to encourage require
the mixing of residential, retail, and office uses within an urban framework which
is small in scale and compatible with adjacent developments within an
•eo•ra•hical area bounded b Northwest Hi•hwa to the north Dallas
Road to the south, Texan Trail to the east, and Ball Street to the west. This
USES GENERALLY: In a "MXU" Mixed Use District no land shall be used and no
building shall be erected for or converted to any use other than as hereinafter
provided. A request for a change in zoning to "MXU" Mixed Use District
shall contain a minimum of two components of the standard residential,
retail, and office elements of a typical mixed use development. Whether
developed as a single structure or part of a development containing
multiple structures, a minimum of twenty (20%) of the mixed use
development shall be residential in nature and a minimum of twenty (20%)
of the development shall be non-residential. This shall be calculated by
determining the net square footage of each component as a percentage of
the entire development as a whole. Above ground parking structures shall
be eliminated from this calculation. For mixed use projects developed in
multiple phases, the initial phase shall contain a residential component.
For mixed use projects that contain both a residential component and a
hotel component as part of the initial phase of development, a third
component, e.g. retail or office, shall also be required. A Certificate of
Occupancy shall not be issued for a residential component or hotel
component prior to the issuance of a certificate occupancy for another
required component of the district.
The following uses of Land are authorized as permitted uses within the Mixed
Use District, strictly in accordance with an approved Site Plan as provided for
herein below. Uses are further classified according to general categories of land
uses. To the extent expressly authorized by these district regulations, a general
use category shall be identified on a Site Plan. Upon approval of such plan, any
use appearing in the use list, which is classified under such general category, is
authorized to be established in accordance with the Site Plan, and any conditions
attached thereto.
A. PRINCIPAL USES:
1. Residential uses:
a. Townhouse/Rowhouse.
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b. Multifamily uses.
2. Commercial uses:
a. Hotels, provided the following design criteria is met:
1. Each guestroom shall have a minimum area of 380
square feet.
2. A full service restaurant with full kitchen facilities and
which provides service to the general public shall be
required.
3. On-site staff is required 24-hours a day, seven days a
week.
4. The following amenities shall be provided:
(a) A minimum of one thousand (1,000) square
foot. of meeting or conference room space or a
ratio of three (3) square foot of conference
room space per guest room, whichever is
greater; and
(b) A swimming pool with a minimum area of (one
thousand (1,000) square foot.
b. Restaurants excluding drive-ins or drive-through facilities.
3. Retail uses:
a. Antique shop.
b. Aquarium.
c. Art Gallery.
d. Bakery, retail sales only.
e. Bank.
f. Barber and Beauty shop.
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g. Bird and pet shops, retail.
h. Book or stationery store.
Camera Shop.
j. Candy, cigars and tobaccos.
k. Caterer and wedding service (office only).
Cleaning, dying and laundry pick-up station for receiving and
delivery of articles to be cleaned, dyed, and laundered, but
no actual work to be done on the premises.
m. Department Store.
n. Drug store.
o. Electrical goods and fixtures for consumer use.
P. Electronics store.
q. Film developing and printing.
r. Florist, retail sales only.
s. Art Gallery.
t. Grocery store.
u. Hardware, sporting goods, toys, paints, wallpaper, clothing
stores.
v. Household and office furniture, furnishings and appliances,
retail sales only.
w. Jewelry, optical goods, photographic supplies.
x. Library, rental.
y. Novelty or variety shop.
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z. Piano and musical instruments.
aa. Printing shop, retail sales only.
bb. Professional offices for architect, attorney, engineer and real
estate.
cc. Photographers and artist studios.
dd. Public garage, parking, no repairs.
ee. Retail store or shop.
ff. Seamstress, dressmaker, or tailor.
gg. Shoe repair shop.
hh. Studio for the display and sale of glass, china, art objects,
cloth and draperies.
ii. Studios, dance, music, drama.
jj. Wearing apparel, including clothing, shoes, hats, millinery
and accessories.
kk. Copy shop.
II. Movie Theater
mm. Retail sales of second hand goods in an enclosed building
provided the space does not exceed 3,000 (three thousand
square feet in area.
4. Office
5. Civic uses, to include such uses as libraries, police and fire
stations and other municipal uses.
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B. ACCESSORY USES: The following uses shall be permitted as accessory
uses, strictly in accordance with an approved Site Plan as provided for
herein below:
1. Community, social, hobby or laundry facilities for use by occupants
of a development within the district.
2. Recreation space and facilities including exercise facilities and
weight rooms, tennis courts, racquetball, handball and volleyball
courts, spas and swimming pools, for use by occupants of a
development within the district.
3. Parking and parking structures.
4. Other uses customarily incidental to the permitted uses.
C. CONDITIONAL USES: The following uses may be permitted, provided
they meet the provisions of Section 48 of the Zoning Ordinance, and a
Conditional Use Permit is issued, and is strictly in accordance with an
approved Site Plan as provided herein below.
1. Day care facility.
2. Alcoholic beverage sales provided a special permit is issued in
accordance with Section 42.B of the Zoning Ordinance.
3. Health clubs.
4. Retirement home.
5. Medical offices.
6. Banks with drive through service.
7. Retail sales of secondhand goods in an enclosed building where
the size of the space exceeds 3,000 (three thousand square feet in
area.
8. Any use allowed within this district with outdoor speakers.
9. Restaurants.
10. Free standing retail structures.
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11. Free standing movie theaters.
12. Outdoor seating areas.
D. REQUEST FOR MIXED USE DISTRICT ZONING CLASSIFICATION: The
procedure to follow to establish a Mixed Use Zoning (MXU) classification
shall be the same as that required to amend, repeal or alter the zoning on
a tract, or parcel of land as specified under Section 48 of the Zoning
Ordinance relating to Conditional Uses, except as otherwise provided for
herein. In the event of a conflict between Section 48 and this ordinance,
the terms of this ordinance shall take precedence. MXU zoning shall
permit development only in accordance with a Site Plan that has been
approved by the City Council. Property zoned MXU may only be used
and/or developed in accordance with its approved Site Plan. No
amendment(s) to an approved Site Plan are permitted without City Council
approval. A request to amend a Site Plan in a MXU district is a request to
re-zone the tract. Uses permitted under an approved Site Plan are only
permitted in strict accordance with the corresponding, approved Site Plan.
If the project is to be developed in phases, a proposed phasing plan that
identifies the anticipated sequence of development is required at the time
of application. The phasing plan shall delineate areas, building sites, land
use and improvements to be constructed in independent phases, and the
scheduled time frames, and sequencing of such phases.
E. SITE PLAN REQUIREMENTS: No application for a building permit for
construction of a principal building 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 of the Zoning
Ordinance has been approved as specified under Section 48,
Conditional Uses.
3. A Landscape Plan, meeting the requirements of Section 53 of the
Zoning Ordinance and Section N, has been approved.
F. PERIOD OF VALIDITY. No Site Plan for the Mixed Use District shall be
valid for a period longer than one (1) year from the date on which the City
Council grants approval, unless within such one (1) year period: (1) a
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Building Permit is obtained and the erection or alteration of a structure is
started, or (2) an Occupancy Permit is obtained and a use commenced.
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 complying with the notice and hearing
requirements for an initial application for a zone change.
Upon expiration of an MXU Site Plan, the property cannot be developed
until a change in zoning is approved by the City Council. There shall be
no vested right to uses permitted by a Site Plan under MXU upon the
expiration of the Site Plan.
G. GENERAL CONDITIONS: To insure that development within the "MXU"
Mixed Use District is consistent with the City's Comprehensive Master
Plan, the following special conditions shall be established:
1. Ground Level Retail: Buildings fronting on streets must be designed
to accommodate ground level retail. The ground level floor area
may be used for office uses.
-- : -- - ' • -e.
3. Free Standing Banks: Free standing banks are prohibited.
prohibited
2.5: Maximum Retail Floor Area: The maximum allowable gross floor
area per retail establishment is 5,000 square feet. Any retail
establishment greater than 5,000 square feet shall be considered a
Conditional Use.
3.6: Office Uses: A building which has "office" as a predominant use
shall not be permitted unless a detailed facilities study which
includes a traffic impact analysis demonstrating that the project can
be adequately supported by the utilities and transportation facilities
in a timely manner is approved by the city.
H. DENSITY AND AREA STANDARDS: The density and area standards
shall apply:
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1. Maximum Lot Coverage: The combined area occupied by all main
and accessory structures shall not exceed eighty (80) percent of
the total lot area.
a. The area of an above grade parking structure is included in
the calculations of lot coverage
b. The area of a porch or arcade fronting a public street is not
included in the calculation of lot coverage.
2. Minimum Density/FAR — The gross minimum density/floor area
ratio (FAR) for the Mixed Use District shall be 1.5.
3. Minimum Floor Area per Dwelling Unit:
a. Townhouse /Rowhouse - 1,600 square feet
b. Multifamily use:
1. Efficiency - 600 square feet
2. 1 Bedroom - 750 square feet
3. 2 Bedroom - 900 square feet
4. 3 Bedroom - 1,000 square feet
4. Height: Minimum and maximum height of buildings shall be:
a. Townhouse/Rowhouse —
Minimum height of 24-feet and maximum height of 42-feet.
b. Multifamily use —
Minimum height of 40-feet and maximum height of 92-feet*.
c. Hotel use —
Minimum height of 40-feet and maximum height of 92-feet*.
d. Retail use —
Minimum height of 40-feet and maximum height of 92-feet*.
e. Office use —
Minimum height of 40-feet and maximum height of 92-feet*.
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f. Mixed use —
Minimum height of 40-feet and maximum height of 92-feet*.
*No building shall exceed fifty (50) feet in height unless the
additional height is set back from the setback line/build to line one
(1) additional foot for each two (2) feet of height above the 50-foot
limit.
A turret, spire or tower may exceed maximum height of a building
provided that any such structure is no more than 15-feet higher
than the maximum permitted height and has a floor area which is
ten percent, or less, of the ground floor area of the building of which
it is a part.
I. AREA REGULATIONS: The following minimum standards shall be
required:
1. Minimum Lot Width and Depth:
Use Minimum Width of Lot Minimum Depth of Lot
(Feet) (Feet)
Townhouse/ Rowhouse 25 60
Multifamily use 200 200
Hotel use 200 200
Retail use 200 200
Office use 200 200
Mixed use 200 200
2. Setbacks:
a. Build-to line: The build-to line for primary buildings,
structures, walls and fences shall be ten (10) feet on all
public street frontages. Twenty-five (25) percent of any
street frontage of a building shall be located five (5) feet from
the front property line.
1. The zone between the right-of-way line and the build-
to line shall be landscaped in accordance with Section
N of this section.
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2. There shall be no build-to-line/setback for temporary
buildings, structures or tents erected in accordance
with Section Q, provided sidewalks are not
obstructed.
b. Perimeter Setbacks: Primary buildings and parking
structures shall be setback from the district boundary lines a
minimum of ten (10) feet.
c. Accessory buildings and detached garages — accessory
buildings and parking structures shall be set back from lot
lines as provided below for the applicable use of the lot. The
zone between the right-of-way line and the setback line shall
be landscaped in accordance with Section N.
1. Townhouse/Rowhouse — 40-feet from public right-of-
way
2. Multifamily use — same as setback for primary
buildings
3. Hotel use - same as setback for primary buildings
4. Retail use - same as setback for primary buildings
5. Office use - same as setback for primary buildings
6. Mixed use - same as setback for primary buildings
d. Overhangs and fireplaces: The minimum setback
requirements shall apply in all cases, except that fireplaces,
eaves, bays, balconies and fireproof stairways located above
the first floor may extend up to a maximum of five (5) feet
into the required setbacks.
e. Patios: Patios may not be constructed within the required
setback zones. This limitation, however, does not apply to
sidewalk cafes.
J. OPEN SPACE:
1. Land proposed to be dedicated as public open space shall be
clearly shown on the Site Plan.
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2. Sufficient land for open space shall be provided in each phase of
the development to assure that the recreational needs of district
residents are satisfied, taking into consideration the nature of open
space required to serve the district, and the amount of land
previously provided, or to be provided, in conjunction with the
phase of the development.
3. In its approval of the Site Plan, the City shall impose such
conditions as deemed necessary to assure that the intent and
purpose of this section is satisfied.
K. PARKING: Off-street and on-street facilities shall be provided for
multifamily uses, hotel uses, retail uses, office uses, civic uses and mixed
uses, in accordance with this section.
1. All at-grade parking lots fronting streets designated on the
thoroughfare plan shall be set back not less then ten- (10) feet
from the right-of-way line of such roadways, and screened from
view as outlined in Section N.
2. Parking garages that have frontage on public streets shall comply
with standards established in Section I.2.b and Section N.
a. A maximum of two hundred (200) feet of frontage for parking
structures shall be allowed along any one-block.
b. Ramps shall not be placed on the face of parking structures
fronting, or visible from, public streets.
c. Steel parking garages and steel guard cables on garage
facades are prohibited.
3. Off-street below grade parking is permitted to the lot lines, but must
be designed to allow planting of landscape as defined in Section N.
4. Off-street parking spaces for the applicable use classification shall
meet the following minimum number of spaces:
a. Residential — One (1) space per bedroom to a maximum of
two (2) spaces per unit.
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b. Hotel — One (1) space per hotel room plus one (1) space per
every 300 square feet of conference/banquet facilities.
c. Retail - One (1) space for every 200 square feet of gross
floor area.
d. Office — One (1) space for every 300 square feet of gross
floor area.
e. Mixed use — Number of spaces resulting from application of
ratios provided above for respective uses in the
development.
f. Conditional uses — As specified in Section X, Design
Requirements for conditional uses.
5. On-Street Parking: On-street parking within three hundred (300)
feet of the proposed use may be counted to meet the parking
requirements for retail uses and other conditional uses.
Assignment of on-street parking shall be at the time of approval of
the Site Plan and shall be allocated at the time of the Site Plan's
approval.
6. Shared Parking: Uses may join in establishing shared parking
areas if it can be demonstrated that the parking for two or more
specific uses occurs at alternating time periods. Required parking
shall be determined based on parking demand for the peak parking
period, as determined by a parking analysis study approved by the
Director of Development Services.
L. STREETS: All streets and blocks in the Mixed Use District shall conform
to the provisions of this section.
1. Street Standards: It is the intent of this ordinance to encourage
pedestrian oriented streetscapes within the Mixed Use District.
Standards for streets within the district shall be as set forth in
Appendix E, Construction Standards of the City of Grapevine
Subdivision Ordinance. Alternate street widths and standards may
be considered at the time of application.
2. Street Type and Pattern: The types and pattern of all streets in the
district shall be in conformity with the Thoroughfare Plan for the
City. The location of streets on the Thoroughfare Plan is
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approximate. Precise location of streets shall be determined in
conjunction with approval of the Site Plan. Street patterns shall be
based upon a small-scale grid system of interconnecting streets.
3. Block Length: The length of a block shall not be less than two
hundred (200) feet, or more than six hundred (600) feet.
M. EXTERIOR APPEARANCE
1. Materials:
a. At least ninety (90) percent of the exterior cladding of all
exterior walls fronting or visible from public streets (including
above grade parking structures) shall be brick construction.
An applicant however may submit a design that employs
alternative construction materials for exterior cladding with
an application for a Mixed Use District designation. The
alternative may be approved by the City upon determination
that such construction will result in an appearance that is
compatible with surrounding buildings and the overall
character of the district.
1. Upon a finding that the alternative design will result in
an appearance that is compatible with surrounding
buildings and the overall character of the district,
waivers may be granted for alternatives employing a
minimum of forty (40) percent brick cladding, provided
that the ground floor of the structure (up to a height of
twelve [12] feet), is a minimum of ninety (90) percent
brick.
b. At least eighty (80) percent of the exterior cladding of all
walls not fronting, or not visible from public ways (including
above grade parking structures) shall be brick construction,
exterior cement plaster, or a combination thereof.
c. The exterior cladding, (excluding glass), of all buildings,
(including above grade parking structures), shall be
composed of not more than three (3) materials, (excluding
roofs).
d. The following materials are prohibited as primary cladding
materials:
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1. Aluminum siding or cladding.
2. Galvanized steel or other bright metal.
3. Wood or plastic siding.
4. Wood roof shingles.
5. Unfinished concrete block (architecturally finished
concrete block is permitted as a cladding material).
e. The following materials are prohibited as primary roofing
materials:
1. Wood roof shingles.
2. Composition shingles on any portion of a roof visible
from any adjacent street. Where composition
shingles are allowed, they must meet a minimum
standard of U.L. Class A fire rating and U.L. wind
rating.
2. Colors:
a. The dominant color of all buildings (including above grade
parking structures) shall be shades of red, beige, gray with
red tones (warm gray) and/or brown. Black and stark white
shall not be used. There are no restrictions on accent
colors, except that fluorescent colors are prohibited.
b. The roof colors shall be a shade of cool gray, warm gray,
brown or red.
3. Windows:
a. Where a retail use occupies the first floor, at least seventy
(70) percent of the first floor exterior wall facing a
thoroughfare, street, boulevard or parking plaza shall be
transparent glazing.
b. The exterior wall surface of all buildings above the first floor
shall not be more than fifty (50) percent glass.
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c. Glass is to be clear or tinted, not reflective.
4. Walls: Walls attached to buildings shall be developed as
architectural extensions of the buildings, constructed of the same
material and in the same style.
5. Lighting: All on-site lighting must meet the requirements of Section
55.A.5 of the Zoning Ordinance.
N. LANDSCAPE REQUIREMENTS: Landscaping within the Mixed Use
District shall comply with the provisions in this section and with the
standards contained in Section 53, Landscaping Regulations of the City of
Grapevine Zoning Ordinance. Where conflicts exist between this article
and the landscaping regulations, requirements in this article shall be
applied.
1. Street Trees: Street trees shall be large shade tree species having
a minimum caliper of three (3) inches, selected in accordance with
the city's landscape regulations.
2. Plant Material: Front yards shall be landscaped except at building
entries, seating areas, and adjacent to commercial uses, where the
front yard may be paved. Plant materials shall consist of shade
trees, ornamental trees, shrubs, evergreen ground covers, vines,
and seasonal color.
3. Paving Material:
a. Paving material in front yards and on sidewalks shall be
warm toned, natural materials such as brick, stone and
concrete.
b. Asphalt and gravel as paving materials are prohibited.
4. Parking Lot Landscape:
a. Surface parking lots shall be screened from all adjacent
public streets and neighboring sites. The screen must
extend along all edges of the parking lot and must be three
(3) feet in height, eighty (80) percent opaque, and may be
accomplished through the use of masonry walls, ornamental
metal, evergreen plant materials, or a combination thereof.
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Planting beds for screen planting shall be a minimum of
three (3) feet in width.
b. Interior parking lot landscaping shall be consistent with
Section 53, Landscape Regulations of the City of Grapevine
Zoning Ordinance.
c. Parking spaces shall not exceed twelve (12) spaces in a row
without being interrupted by a landscaped island (nine-foot
minimum). Islands shall be planted with a minimum of one
shade tree per every twelve (12) cars.
O. Screening:
1. Mechanical equipment shall be screened from view of all public
roadways and located to minimize noise intrusion off the lot. The
required screening must be composed of the same exterior
materials as the buildings on the lot, or through the use of masonry
walls, ornamental fence (eighty [80] percent opaque), evergreen
landscape material, or combination thereof.
2. Loading, service and trash storage areas shall be screened from all
public roadways. Refuse containers must be placed on a designed,
reinforced concrete pad and approach. The required screening
must be composed of the same exterior materials as the buildings
on the lot.
3. All roof-mounted mechanical elements must be screened from view
of the public right-of-way and neighboring properties. Screening
must be architecturally compatible with the building design.
P. SIGNS: Signage within the Mixed Use District shall comply with the
provisions in this section and with the standards contained in Section 60,
Sign Standards of the City of Grapevine Zoning Ordinance. Where
conflicts exist between this article and the Sign Standards, requirements in
this article shall be applied.
1. Functional/Structural Types Permitted:
The following permitted functional uses shall be limited to the
associated structural types of signs:
a. Nameplate Signs:
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1. Wall
b. On-Premise Signs:
1. Wall signs
2. Awning, canopy, marquee
3. Projecting
4. Portable sandwich board
c. Real Estate Signs:
1. Wall
2. Number Of Signs Permitted:
a. Nameplate: One (1) per storefront.
b. On-Premise Signs: Awning, canopy, marquee, and either
one (1) wall sign per each individual wall for each lease
space or one (1) projecting sign per storefront.
c. Real Estate: One (1) per storefront.
3. Maximum Gross Surface Area:
a. Nameplate: Two (2) square feet.
b. Projecting Signs: Twenty-five square feet.
c. Real Estate: Sixteen (16) square feet except that signs
located on lots fronting State Highways 114, 121, 360 and
State Highway 26 east of Texan Trail/Ruth Wall Street may
be thirty-two (32) square feet.
d. Wall Signs: Fifteen (15) percent of the wall.
e. Awning, Canopy and Marquee: Twenty-five (25) percent of
the awning, canopy or marquee.
4. Maximum Height: No sign shall protrude above the roof or eave
line of the principal structure. Projecting signs shall be a minimum
of eight (8) feet above sidewalk grade and shall not protrude above
the roof or eave line of the principal structure.
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5. Illumination: Illuminated signs are permitted for nameplate and on-
premise signs only.
Q. OUTSIDE SALES AND/OR COMMERCIAL PROMOTIONS:
1. Any temporary outside sales shall be required to obtain a permit
and be subject to the requirements of this section.
2. Temporary outside sales may be permitted for a period of fourteen
(14) days each calendar year with a maximum two (2) permits
allowed per calendar year, providing such goods, products or
merchandise is displayed on a sidewalk within ten (10) feet of the
business building.
3. Temporary outside sales shall be deemed to include merchandise-
dispensing units placed adjacent to, and outside of, a business
building.
4. In order to qualify for a permit, the applicant must:
a. Provide a plan showing the location of the outside display.
b. Provide the City with a Site Plan showing location(s) of all
tents (if applicable). Submit documentation showing
compliance with all building and fire codes including, but not
limited to, flame spread certificate(s).
c. Provide a map, plan, or drawing to indicate adequate off-
street parking for patrons, employees and delivery trucks;
such map, plan or drawing should also indicate that no fire
lanes, streets or other public rights-of-way will be blocked as
a result of the sale or promotion.
d. If food is served, provide food service facilities in accordance
with the Grapevine food and food establishment ordinance.
e. Provide for adequate trash and waste removal and cleanup
of the area.
f. Comply with all other reasonable conditions imposed by the
City.
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R. OUTSIDE STORAGE OR OUTSIDE DISPLAY: Except for the equipment
and/or the materials stored on a construction site and used for a
temporary construction project, the outside storage or outside display of
equipment, building and/or other materials, goods and products shall be
prohibited within the district, with the exception of outside dining shown on
an approved Site Plan.
S. PATIOS AND BALCONIES: Balconies and patios facing public streets
shall not extend beyond the build-to-line except as permitted in Sections
I.2.d and l.2.e.
T. DESIGN GUIDELINES: From time to time, the City may develop and
amend design guidelines, which shall be approved by resolution of the
City Council, as an aid to implementation of this article. Such guidelines
shall be used by the City to assist decision-makers in interpreting
standards applicable to development within the Mixed Use District.
U. FLEXIBLE STANDARDS
1. Alternative Uses or Phases: In order to encourage an integrated
development pattern of mixed uses over time within the district, it is
understood that flexibility in the development of phases or sites
may be necessary. Whenever an applicant of a Mixed Use District
proposes alternative land uses or phases of an approved Mixed
Use District, such alternative uses or phases shall be incorporated
in a zoning amendment to the Mixed Use District. The zoning
amendment for alternative land uses or phases shall follow the
same procedures established in Section D, REQUEST FOR A
MIXED USE DISTRICT ZONING CLASSIFICATION. In no case,
however, may the Council approve an alternative use not allowed
within Sections A, B and C of the Mixed Use District.
2. Flexible Design Standards: It is intended that the general
conditions, as well as the dimensional and design standards set
forth in Sections G, H and M of this article be flexible in order to
encourage development in the Mixed Use District. In some cases,
Sections G, H and M set forth limits within which specific standards
may be varied. For requests other than those set out in Sections
G. H and M, the developer must request a waiver from a specific
standard. The Council may approve such waiver in conjunction
with its decision to establish or amend the district in those cases
where the waiver addresses a standard applicable to the Site Plan.
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V. WAIVER PROCEDURE
1. Procedure: An application for a waiver to a development standard
authorized under Section U of this article must be made by a
property owner, lessee, or contract purchaser at the time of
submission of an application to establish a "MXU" Mixed Use
District. A contract purchaser or lessee must file with the
application, a copy of the contract, or lease, or other form of written
statement containing the property owners' endorsement of the
application. The application shall be filed in duplicate with
Department of Development Services on forms provided by the
City. Upon a determination that the waiver application is complete,
the Director of Development Services shall forward the request to
the Planning and Zoning Commission and the City Council for
decision in conjunction with its decision on the application to
establish a Mixed Use District.
2. Standards for Granting Waiver: The Planning and Zoning
Commission in making its recommendations, and the City Council
in deciding whether to grant the request for waiver, shall determine
that the following standards are met:
a. The waiver for the specific development site is in harmony
with the policies in the Comprehensive Master Plan.
b. The waiver is in harmony with the general purpose and
intent of this article and the zoning ordinance.
c. The waiver shall not adversely affect the use of neighboring
property, and the public's use and enjoyment of public areas,
in accordance with the provisions of this article.
d. The waiver is in conformity with the approved Site Plan.
3. Conditions: In granting a waiver to a development standard
authorized under Section U of this article, the Planning and Zoning
Commission may recommend, and the City Council may impose
such conditions and safeguards as it deems necessary to insure
harmony with the general purpose and the intent of this article. Any
such condition shall be satisfied as a condition precedent to
issuance of a certificate of occupancy for the development to which
the waiver applies.
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4. Lapse of Waiver: A waiver granted under this section shall lapse
with the lapse of the approved Site Plan or amendment to the
"MXU" Mixed Use District, in accordance with Section F of this
article.
W. AMENDMENTS OF A SITE PLAN
General Requirement: Amendments of any Site Plan shall be made in
accordance with the procedure required for approval of the initial plan.
Amendments to a Site Plan shall be considered amendment to the "MXU"
Mixed Use Zoning District.
X. DESIGN REQUIREMENTS
1. Day Care Facility: A day care facility may be permitted in the
Mixed Use District as a conditional use, subject to the
following requirements:
a. Freestanding day care facilities shall not be permitted.
b. Day care facilities shall only be permitted on the ground floor
level.
c. Maximum allowable size for a day care facility shall be 5,000
square feet.
d. Parking for a day care facility shall be provided at a minimum
ratio of one (1) space per every ten (10) students.
2. Restaurant: A restaurant may be permitted in the Mixed Use District
as a conditional use, subject to the following requirements:
a. Freestanding restaurants shall not be permitted.
a.b Drive-through restaurants shall not be permitted.
b.c Maximum allowable size for a restaurant shall be 7,000
square feet.
d. Required parking shall be provided at a ratio of one (1) parking
space for every 70 square feet of gross floor area.
it
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3. Outdoor Seating Area: Outdoor seating (i.e. side walk cafes) may
be permitted in the Mixed Use District as a conditional use,
subject to the following requirements:
a. Preparation of food outside is prohibited.
b. Food service facilities must be provided in accordance with
the Grapevine food and food establishment ordinance.
c. Adequate trash and waste removal and cleanup of the area
must be provided.
4. Health Clubs: A health club may be permitted in the Mixed Use
District as a conditional use, subject to the following
requirements:
5.
a. The maximum allowable size for a health club in the Mixed
Use District is 10,000 square feet, unless the club entrances
are directly adjacent to required parking.
b. Parking shall be provided at a ratio of one (1) space per
every three (3) people, maximum occupancy capacity.
6. Medical Office: A medical office may be permitted in the Mixed
Use District as a conditional use, subject to the following
requirements:
7.
a. Freestanding medical office buildings are not permitted.
b. Maximum allowable size for a medical office is 3,000 square
feet.
c. Parking shall be provided at a ratio of one (1) space per
every two hundred (200) square feet.
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