HomeMy WebLinkAboutItem 09 - AM00-01 Section 47, 48, 49, 50, 52, 58CC- ITEM
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND PLANNING
AND ZONING COMMISSIONERS
FROM: ROGER NELSON, CITY MANAGER,'
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
DATE: FEBRUARY 15, 2000
SUBJECT: AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE—
AM00-01—SECTION 47, SITE PLAN REVIEW RELATIVE TO THE
ESTABLISHMENT OF A FEE FOR ADMINISTRATIVE SITE PLAN
REVIEW; SECTION 48, CONDITIONAL USES, RELATIVE TO THE
ESTABLISHMENT OF A METHOD FOR ADMINISTRATIVE REVIEW OF
MINOR CHANGES TO PREVIOUSLY APPROVED CONDITIONAL USE
PERMITS; SECTION 49, SPECIAL USES, RELATIVE TO THE
ESTABLISHMENT OF A METHOD FOR CONSIDERING CERTAIN
REQUESTS AS PERMITTED USES AND FOR ADMINISTRATIVE
REVIEW OF MINOR CHANGES TO PREVIOUSLY APPROVED
SPECIAL USE PERMITS; SECTION 50, SCREENING RELATIVE TO
THE ELIMINATION OF SCREENING ALTERNATIVES B, C, AND F;
SECTION 52, TREE PRESERVATION RELATIVE TO PROTECTED
TREE REMOVAL; AND SECTION 58, PARKING, LOADING, AND
OUTSIDE STORAGE AREA DEVELOPMENT STANDARDS RELATIVE
TO OFF-STREET PARKING ON A LOT OR TRACT OF LAND
COMPRISED OF MULTIPLE ZONING DISTRICTS
RECOMMENDATION
Staff recommends the Planning and Zoning Commission and the City Council consider
the following amendments and take any action necessary.
BACKGROUND INFORMATION
Section 47, Site Plan Review—The Planning Division of the Department of
Development Services currently assesses a fee of five hundred dollars ($500.00) plus
twenty-five dollars ($25.00) per acre for every additional acre or part thereof, for all zone
change, conditional use, and special use requests. For permitted uses in each zoning
district, an administrative site plan is required, which is reviewed and approved by the
Planning staff; no fee is assessed at this time for an administrative site plan review.
While property owner notification and newspaper advertising is not required for
development requests associated with permitted uses, Staff provides the same level of
service and detailed level of scrutiny to these types of administrative requests as is
given to zone change, conditional use, and special use requests. A small survey of
area Metroplex cities reveals that the City of Grapevine is the only city that does not
assess a fee for this type of development review. Staff recommends the establishment
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of a fee for administrative site plan review that is one-half that which is established for
zone change, conditional use, and special use requests.
Section 48, Conditional Uses—Currently, any modification to a site plan associated
with a previously approved conditional use permit, no matter how minor, must return to
the Planning and Zoning Commission and City Council for consideration. In an effort to
reduce the size of the public hearing agenda, staff recommends the creation of a Site
Plan Review Committee that will review and approve minor modifications to previously
approved conditional use permits. Conditional Use Permit applications will be submitted
in their usual manner, with the Director of Development Services determining which
requests should be considered by the review committee. For those Conditional Use
Permit applications the Site Plan Review Committee approves administratively, the
Planning and Zoning Commission recommended at their January 6, 2000 workshop, the
retention of the full application fee by the City.
Section 49, Special Uses—Councilmember Darlene Freed, at a September 9, 1999
worksession recommended the creation of a method for considering certain
communication uses as permitted uses, eliminating the need to conduct a public
hearing on the communication request if the applicant could meet a certain set of
criteria established for such situations. Staff recommends that if the communication use
is located on an existing structure with all associated cabinetry/equipment located
underground or within an existing structure, the use will be considered a permitted use
to be reviewed and approved by the Planning staff under the authority of the Director of
Development Services. The Planning and Zoning Commission at their January 6, 2000
worksession recommended that a provision be added to also allow reconstruction of a
tower or monopole, with no increase in height, in situations where the addition of an
antenna array would require strengthening or a complete rebuild to support the
additional equipment.
As is the case with conditional use permit requests, any modification to a site plan
associated with a previously approved special use permit, no matter how minor, must
also return to the Planning and Zoning Commission and the City Council for
consideration. Staff is recommending the same type of administrative oversight by the
Site Plan Review Committee for minor changes to site plans associated with previously
approved special use permits.
Section 50, Screening—At the Planning and Zoning Commission's First Tri -Annual
Workshop which occurred January 6, 2000 the Commission discussed the lack of
viability for screening alternatives B, C. and F. Alternative B is a 6 -foot landscape
screening alternative that is rarely used but when applied usually fails to attain the
thickness and height necessary to provide adequate screening. Alternative C provides
for a 6 -foot masonry screening wall with evergreen trees. The Commission felt
Alternative C was redundant since the only difference between screening Alternatives A
and C is evergreen trees—both require 6 -foot masonry screening walls. Alternative F
consists of a 6 -foot chain link fence with redwood screening slats. It 'is generally
recognized that this alternative does not provide total screening since it is easily
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possible to see between the screening slats. Staff has eliminated these three options
leaving three remaining screening alternatives; a 6 -foot masonry or concrete wall, a 6 -
foot landscaped earthen berm, and a 6 -foot solid wood fence.
Section 52, Tree Preservation—Recently, the Development Services staff was
involved in a situation where a protected tree, which was diseased and in danger of
falling, was removed without notification to the Building Department. Section 52, as
written, is somewhat vague on the area of notification to city staff in regard to removing
a diseased or damaged tree. Staff recommends amending paragraph 52.1-1 Protected
Tree Removal to require any tree removal related to diseased, or injured trees to have
the approval of the Director of Development Services as well as an inspection by the
Building Department prior to the removal of any tree(s).
Section 58, Parking, Loading, and Outside Storage Area Development
Standards—The Pool Road/State Highway 26 Albertson's Grocery store project that
was denied by Council on August 3, 1999 raised a number of issues not addressed in
the zoning ordinance as it is currently written. One issue was related to the placement
of off-street parking on platted lots comprised of multiple zoning districts. The applicant
for the Pool Road/State Highway 26 project proposed the placement of off-street
parking for the grocery store on a portion of the lot that had a less restrictive zoning
designation. In an effort to regulate this situation, staff recommends the modification of
Section 58, such that no off-street parking for a principal use can be located upon
property that is of a less restrictive zoning than that of the principal use.
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Section 47. Site Plan Review
A. APPLICABILITY: Site Plans, prepared and approved in accordance with the
provisions of this section, shall be required to assist the Development Services
Department in the review of certain applications for building permits, to assure
compliance 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 is 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
compliance with the applicable zoning district regulations, is approved.
1. The Director of Development Services 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 Ordinance shall not
be approved until:
a. The Director of Development Services has reviewed the Site Plan and
made a report to the Planning and Zoning Commission, with respect
to whether the plan complies with codes and ordinances of the City;
b. The Planning and Zoning Commission has received the Site Plan and
made a recommendation 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 Council has reviewed and approved the Site Plan as being
in substantial conformity with the approved 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
Council.
C. DEVELOPMENT AND USES REQUIRING A SITE PLAN: Site Plan review and
approval, in accordance with the provisions of this section, shall be required for the
following developments and uses.
1. Any permitted accessory, or Conditional Use in the following residential
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districts: R-3.5, R-3.75, R-TH, R -MF -1, R -MF -2.
2. Any permitted, accessory, or Conditional Use in the following commercial
districts: LB, GV, CN, CC, HC, PO, HCO and RA.
3. Any permitted, accessory, or conditional use in the following industrial
districts: BP, Ll.
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 development in the PRD -6, PRD -12, PCD, and PID districts except 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.
7. Any permitted, accessory, or conditional uses in the Historic Grapevine
Township District.
D. EXEMPT DEVELOPMENT: The following activities and uses shall not require
compliance with this section unless otherwise required by this Ordinance.
1 Construction of a single family detached dwellings on an existing or platted
single family lot, except for single family dwellings in the Historic Grapevine
Township District.
2. Construction of any permitted accessory use to a single family dwelling on
an existing or planned single family lot, except for single family dwellings in
the Grapevine Township District.
3. Deposit and contouring of fill on land, provided other regulations of the City
of Grapevine are met.
4. Additions to any buildings 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. This exemption does not apply to additions to buildings
in the HGT District.
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5. Any permitted use of a temporary nature for a period not to exceed one (1)
year.
CONTENTS OF SITE PLAN APPLICATION:
1. Whenever a Site Plan is required under subsection C, the application for Site
Plan approval shall include the following information and material:
A. Site Plan Application:
1. The applicant's name and address and his legal interest in the
subject property.
2. The owner's name and address, if different from the applicant,
with the owners signed consent to the filing of the application.
3. Street address and legal description or a metes and bounds of
the property on an 8.5" X 11" sheet of paper.
4. The zoning classification and present use of the subject
property.
5. The general description of the proposed use or uses for the
proposed development.
6. A copy of the 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 Development Plan a
statement showing that the proposed use substantially
conforms to the Master Development Plan.
B. SITE PLAN REQUIREMENTS:
1. All site plans submitted in conjunction with a Conditional Use,
Section 48 or a Special Use, Section 49 shall be drawn by a
Registered Surveyor, Registered Architect, or Registered
Engineer.
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2. The site plan shall include the name of the site plan, submittal
date, case numbers(s), scale, north point, name of owners,
and name of person preparing the site plan, consecutive sheet
numbers and a vicinity map.
3. Location of existing boundary lines and dimensions of the tract.
4. 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, trees in excess of four (4) inches in
diameter, rock outcroppings and existing contours in excess of
two (2) feet in one hundred (100) feet.
5. Locate center line of existing water courses, drainage features
and flooding and drainage easements.
6. Map(s) showing the location, dimension, use and arrangement
of all proposed buildings and computations in a chart form
showing the amount required and provided: 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 number and size of dwelling
units, and number of bedrooms, in residential uses, and
building separations.
7. Minimum yard dimensions and, where relevant, relation of yard
dimensions to the height of any building or structure.
8. Location, dimensions and number 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 type of surface material, slope and
gradient of vehicular elements; and total lot coverage of all
circulation elements, divided between vehicular and pedestrian
ways.
9. Location and size of existing and proposed streets and alleys
with location of all street medians and intersections adjacent
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to the area of request.
10. Copy of Permit to Construct Access Driveway Facilities on
Highway Right of Way issued by the Texas State Department
of Highways and public Transportation.
11. The location and size of existing and proposed water and
sewer public utilities on and adjacent to the site and fire
hydrant locations.
12. All existing and proposed surface and subsurface drainage
facilities, including culverts, drains and detention ponds,
showing size and dimensions of flow.
13. Location, size and arrangement of all outdoor signs and the
location and intensity of all outdoor lighting and exterior
auditory speakers.
14. 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.
15. Final elevations of proposed structures with the type or kind of
building materials used. Calculations of the percentage of
masonry of the entire structure.
16. Location, designation and total area of all usable open space.
17. A detailed landscaping plan meeting the provisions of Section
53 of this Ordinance.
18. A soil erosion control plan for the period during which
construction will be taking place.
19. In the case of any use requiring a Special Use Permit, any
information necessary to demonstrate compliance with all
conditions imposed on the proposed special permit use by this
Ordinance.
20. Any other information that may be required by the Director of
Development Services to determine that the application is in
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compliance with the Codes and Ordinances of the City.
21. Parking for disabled persons should be designated according
to Chapter 23, Section 23-64 through 23-69 of the Code of
Ordinances.
22. Designate all refuse storage areas according to Section 50.B.3.
23. A letter from the Public Works Department accepting all
subdivision improvements (i.e., drainage, sewage, utilities and
street improvements).
24. In the case of any use requiring a Conditional Use Permit or a
Special use Permit, a Tree Preservation Permit may be
required by the City Council in accordance with Section
52.D.1. The Tree Preservation Permit shall be in accordance
with Section 52.E.
F. PROCEDURE FOR PROCESSING SITE PLANS: The following procedures
shall govern the processing and approval of Site Plan applications.
1 PRE -APPLICATION CONFERENCE: Prior to filing a formal site plan
application, the applicant may request a pre -application conference
with the Director of Development Services or his designee. The
purpose 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
submission requirements for Site Plan applications.
2. APPLICATION: Applications for Site Plan approval shall be submitted
to the Director of Development Services or his designee in four (4)
duplicate copies. All maps and graphics, submitted 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
from time to time by the City Council, to help defray administrative
costs and costs of a hearing, shall accompany each application.
3. ACTION BY DIRECTOR OF DEVELOPMENT SERVICES: Within
thirty (30) days of the filing of an application, the Director of
Development Services shall cause such application and the attached
site plan to be reviewed, in terms of the standards established by
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Section 47.H., below, 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, however, that in the case of site plan
applications required by Section 47.C.6., the Director of Development
Services shall not approve said application but shall submit them
together with his report thereon to the Planning and Zoning
Commission. Immediately upon concluding his review, the Director
of Development Services 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 permanently
marked on such plans. The failure of the Director of Development
Services 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. CONFERENCES AND MODIFICATIONS DURING REVIEW: While
reviewing such application, the Director of Development Services 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 originally submitted.
5. ACTION BY PLANNING AND ZONING COMMISSION: If the Director
of Development Services 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 Commission 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 therefore with the Director of Development Services. Upon
receipt of such request, the Director shall immediately refer the
applicant and his report thereon to the Planning and Zoning
Commission 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 Development Services,
except that the Commission shall have thirty (30) days from the date
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of such referral within which to act. The decision of the Planning and
Zoning Commission shall be final.
G. STANDARDS FOR SITE PLAN REVIEW:
I. STANDARDS: The Director of Development Services shall not refuse
to approve, and the Planning and Zoning Commission and the City
Council shall not disapprove Site Plans submitted pursuant to this
Section except on the basis of specific written findings dealing with
one (1) or more of the following standards:
a. The application is incomplete 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 submitted in conjunction with a
planned development, a Special or Conditional Use Permit, or
any district regulations in this Ordinance that contain specific
development 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, detrimentally 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 pedestrial travel.
f. The screening of site does not, or will not, provide adequate
shielding from or for nearby uses with which the proposed use
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may be incompatible.
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 developments in the PRD -6, PRD -
12, PCD and PID Districts, the proposed site plan fails, in
specified particulars, to conform substantially to the approved
Master Development Plan for the Property.
2. ALTERNATIVE APPROACHES: 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 Director of
Development Services shall suggest alternate site plan approaches
which could be utilized to avoid the specified deficiency or shall state
the reasons why such deficiency cannot be avoided consistent with
the applicant's objectives.
H. EFFECT OF SITE PLAN APPROVAL: If the Director of Development
Services or the City Council or the Planning and Zoning Commission
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
development, 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 any approvals
such as a building permit, a certificate of occupancy or subdivision approval.
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LIMITATIONS ON SITE PLAN APPROVAL: No site plan approval shall be
valid for a period longer than one (1) year from 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 completion or an
occupancy permit is obtained and a use commenced within that period.
Approval of an application does not authorize any work in conflict with any
Codes or Ordinances of the City of Grapevine.
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AMENDMENT: 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.
K. FILING FEES FOR USES REQUIRING A -SITE PLAN: For applications
requiring a site plan not associated with Section 48, Conditional Uses
or Section 49, Special Uses, the applicant shall pay to the City the sum
of two hundred fifty dollars ($250.00) for all tracts or parcels of land that
do not exceed one (1) acre and an additional fee of twelve dollars and
fifty cents ($12.50) per acre or part thereof for each additional tract or
parcel that exceeds one (1) acre, no part of which shall be refundable
regardless of the action taken on the request.
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A
Section 48. Conditional Uses
A. PURPOSE: In each zoning district, there are some uses which would be
appropriate in some but not all locations within the district. Typically, those are uses
that may have some special impact or uniqueness which requires a careful review
of their location, design, configuration and special impact to determine, against fixed
standards, the desirability of permitting their establishment on any given site. They
are uses which may or may not be appropriate in a particular location depending on
a weighing, in each case, of the public need and benefit against the local impact
and effect. In this Ordinance, such uses are classified as Conditional Uses and
before they may be established, the Planning and Zoning Commission must
recommend, based upon findings of fact derived from evidence received at a public
hearing, and the City Council must by ordinance approve the establishment of the
use.
B. AUTHORIZATION: The Planning and Zoning Commission may recommend, and
the City Council may authorize, the establishment of those conditional uses that are
expressly authorized to be permitted as a conditional use in a particular zoning
district or in one or more zoning districts. No conditional use shall be authorized
unless this Ordinance specifically authorizes such Conditional Use to be granted
and unless such grant complies with all of the applicable provisions of this
Ordinance.
C. INITIATION: An application for a Conditional Use Permit may be filed by the owner
of, or other person having a contractual or possessory interest in, the subject
property. Any application filed by a person who is not the owner of the property for
which the Conditional Use Permit is sought shall be accompanied by evidence of
the consent of the owner.
D. APPLICATION FOR CONDITIONAL USE PERMIT: An application for a Conditional
Use Permit shall be filed in duplicate with the Director Of GGMFRL4Rit!1 Development
Services, or such other official as he may designate, who shall forward without
delay one copy to the Planning and Zoning Commission. The application shall
contain a Site Plan and the following information; as well as such additional
information as may be prescribed by rule of the Commission or the Director of
Community Development. A site plan is not required for property zoned R-5.0 Zero
Lot Line District:
1.
2.
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The applicant's name and address and his interest in the subject property;
The owner's name and address, if different than the applicant, and the
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owners signed consent to the filing of the application;
3. The street address and legal description of the property;
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4. The zoning classification and present use of the subject property;
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 showing compliance with any special conditions or
requirements imposed 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 amendments as set out in Section 67 of this Ordinance unless the
Director Of GGMMURity Development Services or the Planning and Zoning
Commission determines that the application is incomplete.
For applications involving minor modifications to previously approved
Conditional Use Permits, the Director of Development Services may present
the application to a Site Plan Review Committee consisting of a member of the
Planning and Zoning Commission (appointed by the Commission Chairman),
the City Council Representative to the Planning and Zoning Commission, and
the Director of Development Services, which shall determine if the proposed
modification(s) are such that a public hearing before the Planning and Zoning
Commission and the City Council is or is not warranted. If the Site Plan
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Review Committee determines that a public hearing is not warranted, the
application will be reviewed and approved administratively under the authority
of the Site Plan Review Committee For administratively approved
modifications to a previously approved Conditional Use Permit, the full
application fee shall be retained by the City--
F.
ites
F. STANDARDS: The following standards, among other relevant standards, may be
considered by the Planning and Zoning Commission and City Council in determining
whether a Conditional Use may be granted.
That the proposed Conditional Use will be consistent with the adopted
policies in the Comprehensive 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 dominate the immediate vicinity or 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 dominate the immediate neighborhood, consideration
shall be given to:
a. The location, nature and height of building, structures, walls, fences
on the site; and
b. The nature and extent of screening on the site;
4. That the proposed Conditional Use complies 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 promote 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 from any injurious effect;
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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 services 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 comply with any additional standards
imposed on it by the particular provision of this Ordinance authorizing such
use.
11. The Director of Community 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 impact on existing community
services, and will complement 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 homes, businesses, natural resources, agricultural lands,
historic or cultural landmarks or sites, wildlife habitats, parks, or natural,
scenic, or historic feature of significance, and outweigh the personal and
economic 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 demand for the proposed building, structure, development, use or
activity which may be less costly or less intrusive to existing communities,
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
021798 4 Section 48
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plans and projections of the applicant, if any, upon which the City of
Grapevine has based planning or zoning decisions or, if the proposed use
is consistent with prior plans or projections of the applicant, that any such
inconsistency is outweighed by the benefits to the community of the
proposed use.
G. CONDITIONAL AND RESTRICTIONS: In granting a Conditional Use, the Planning
and Zoning Commission may recommend, and the City Council may impose such
conditions, safeguards and restrictions upon the premises benefited by the
Conditional Use as may be necessary to comply 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 COMPLIANCE WITH CONDITIONS: Whenever any Conditional
Use Permit authorized pursuant to this Section is made subject to conditions to be
met by the applicant, the applicant shall, upon meeting such conditions, file an
affidavit with the Director of Community Development so stating.
I. EFFECT 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 development, construction, reconstruction, alteration or moving
of any building or structure, but shall merely authorize the preparation, filing and
processing of applications for any permits 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 from 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 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 Conditional Use Permit.
5
Section 48
Section 49. Special Use Permits
02-15-00
A. PURPOSE: The Special Use Permits procedure is designed to provide the Planning
and Zoning Commission and the City Council with an opportunity for discretionary
review of requests to establish or construct uses or structures which may be
necessary or desirable for, or which have the potential for a deleterious impact
upon, the health, safety, and welfare of the public, for the purpose of determining
whether the proposed location of the use or structure is appropriate and whether it
will be designed and located so as to avoid, minimize of mitigate any potentially
adverse effects upon the community or the other properties in its vicinity. The
discretionary Special Use Permit procedure is designed to enable the Planning and
Zoning Commission and the City Council to impose conditions upon such uses and
structures that are designed to avoid, minimize or mitigate potentially adverse
effects upon the community or other properties in the vicinity of the proposed use
or structure, and to deny requests for a Special Use Permit when it is apparent that
a proposed use or structure will or may occasionally harm the community or cause
injury to the value, lawful use, and reasonable enjoyment of other properties in the
vicinity of the proposed use or structure.
B. AUTHORIZED SPECIAL USES: The following uses and structures may be
established or constructed only upon the issuance of a Special Use Permit in
accordance with the provisions of this Section 49.
1 Communication Uses: Notwithstanding any other provision of this Ordinance
the following communication uses shall be regulated and governed by the
following use regulations and requirements:
a. EXCEPTIONS: Communication uses shall be required to plat the
property as required by Section 47, Site Plans, but shall not be
required to meet the minimum lot size, width or depth and area
requirements as regulated in the specific zoning district.
For requests relative to communication uses that will be located
on existing structures with associated cabinet!7i/equipmen
located underground or on/within an existing cabinet
area/structure, or for the reconstruction of existing towers o
monopoles with no increase in height, said request, upon review
by the Director of Development Services maybe considered a
permitted use to be administratively reviewed and approved
under the authority of the Director of Development Services
pursuant to Section 47, Site Plan Review.
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b. DEFINITIONS: For the purpose of this Ordinance, the following words
and phrases shall have the meaning ascribed to them as follows with
the exception of Chapter 7, Article XII, Grapevine Code of
Ordinances:
(1) ANTENNA or ANTENNA ARRAY means the arrangement of
wires or metal rods used in transmission, retransmission
and/or reception of radio, television, electromagnetic, or
microwave signals (includes microwave reflectors/antennas).
(2) ANTENNA SUPPORT STRUCTURE means any tower, mast,
monopole, tripod, box frame, or other structure utilized for the
purpose of transmission, retransmission, and/or reception of
electromagnetic, radio, television or microwave signal.
(3) MICROWAVE REFLECTOR/ANTENNA means an apparatus
constructed of solid, mesh or perforated materials of any
configuration that is used to receive and/or transmit microwave
signals from a terrestrial or orbitally located transmitter or
transmitter relay. This definition is meant to include, but is not
limited to, what are commonly referred to as satellite receive
only earth stations (T.V.R.O.S.) or satellite dishes.
(4) COMMERCIAL COMMUNICATIONS OPERATIONS means
the transmission, retransmission and/or reception of radio,
television, electromagnetic, or microwave signals primarily for
the purpose of operating a business and/or for financial gain.
C. Antenna support structures utilized for the purpose of transmission,
retransmission, and/or reception of electromagnetic, radio, television,
or microwave signal such as a tower, mast, monopole, tripod, box
frame, or other structures in any residential, commercial or industrial
district. One accessory equipment building is allowed per antenna
support structure.
d. Microwave reflectors/antennas and receivers and antenna support
structures in any district. One accessory equipment building is
allowed per antenna support structure.
e. A commercial antenna may be attached to an existing utility structure,
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electrical transmission/distribution tower, or elevated water storage
tank exceeding 75 feet in height, provided that the antenna does not
extend more than 10 feet above the height of the utility structure.
One accessory equipment building is allowed per utility structure.
Setbacks from residentially zoned property do not apply to antennas
attached to utility structures exceeding 75 feet in height.
f. All commercial signs, flags, lights and attachments other than those
required for communications operations, structural stability, or as
required for flight visibility by the Federal Aviation Administration
(FAA) and Federal Communications Commission (FCC) shall be
prohibited on any antenna or antenna support structure.
2. Public utility distribution facilities and equipment in any district.
3. Amusement and video game arcades.
4. Massage establishments.
(a) DEFINITIONS: For the purpose of this paragraph, the following words
and phrases shall have the meaning respectively ascribed to them by
this subsection:
MASSAGE ESTABLISHMENT: Shall mean a building, room, place or
establishment, other than a regularly licensed hospital, where manipulated
massage services or manipulated exercises or practices upon the human
body by anyone not a duly licensed physician, osteopath, chiropractor or a
registered nurse or licensed vocational nurse acting at the direction of a
doctor whether with or without the use of mechanical, therapeutic or bathing
devices, and shall include turkish bathhouses. This term shall not include,
however, duly licensed beauty parlors and barbershops or a place wherein
registered physical therapists treat only patients recommended by a licensed
physician and operate only under such a physician's direction.
MASSAGE SERVICES: Means any process consisting of kneading, rubbing
or otherwise manipulating the skin of the body of a human being, either with
the hand or by means of electrical instruments or apparatus, or other special
apparatus, but shall not include massage by duly licensed physicians,
osteopaths, chiropractors and registered physical therapists or registered
nurses or licensed vocational nurses who treat only patients recommended
by a licensed physician and who operate only under such physician's
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a
071696
direction. The term "massage service" shall not include massage services
authorized by the State of Texas in establishments licensed by the State of
Texas in beauty shops and barbershops staffed by licensed barbers and
beauticians.
(b) Notwithstanding any provision of any Ordinance or any City Code
provision currently in effect in the City of Grapevine, the operation of
a massage establishment and/or the performing of massage services
permitted by the laws of the State of Texas, shall be regulated and
governed as provided herein.
(c) The operation of a massage establishment and/or the performing of
massage services shall be illegal in the City of Grapevine, unless on
property zoned specifically for that purpose in accordance with and
pursuant to Section 49 of this Ordinance.
Retail specialty and novelty establishments:
(a) DEFINITIONS: For the purpose of this paragraph, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
(1) The term "primarily" is defined as gross monthly sales of
special novelty items representing more than fifty (50) percent
of total sales.
(2) The term "specialty and novelty items" is defined as follows:
a. Kits used, intended for use or designed for use in
planting, propagating, cultivating, growing or harvesting
of any species of plant which is a controlled substance
or from which a controlled substance can be derived, as
the term "controlled substance" is defined in the state
penal code;
b. Kits used, intended for use or designed for use in
manufacturing, compounding, converting, producing,
processing or preparing controlled substances, as the
term "controlled substance" is defined in the state penal
code;
4 Section 49
i 11
C. Isomerization devices used, intended for use or
designed for use in increasing potency of any species
of plant which is a controlled substance, as the term
"controlled substance" is defined in the state penal
code;
d. Testing equipment used, intended for use or designed
for use in identifying or in analyzing the strength,
effectiveness or purity of controlled substances, as the
term "controlled substance' is defined in the state penal
code;
e. Scales and balances used, intended for use or designed
for use in weighing or measuring controlled substances,
as the term "controlled substance" is defined in the
state penal code;
f. Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended
for use or designed for use in cutting controlled
substances, as the term "controlled substances" is
defined in the state penal code;
9- Separation gins and sifters used, intended for use or
designed for use in removing twigs and seeds from, or
in otherwise cleaning or refining marijuana;
h. Blenders, bowls, containers, spoons and mixing devices
used, intended for use, or designed for use in
compounding controlled substances, as the term
"controlled substances" is defined in the state penal
code;
i. Capsules, balloons, envelopes and other containers
used, intended for use or designed for use in packaging
small quantities of controlled substances, as the term
"controlled substances" is defined in the state penal
code;
j. Containers and other objects used, intended for use or
designed for use in storing or concealing controlled
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substances, as the term "controlled substances" is
defined in the state penal code;
k. Hypodermic syringes, needles and other objects used,
intended for use or designed for use in parenterally
injecting controlled substances, as the term "controlled
substances" is defined in the state penal code, into the
human body:
I. Objects used, intended for use or designed for use in
ingesting, inhaling or otherwise introducing marijuana,
cocaine, hashish, or hashish oil into the human body
such as:
L Metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes, with or without screens,
permanent screens, hashish heads or punctured
metal bowls;
r.
ii. Water pipes;
r
iii. Carburation tubes and devices;
iv. Smoking and carburation masks;
V. Roach clips, meaning objects used to hold
burning material, such as a marijuana cigarette,
that has become too small or too short to be held
in the hand;
vi. Miniature cocaine spoons and cocaine vials;
vii. Chamber pipes;
viii. Electric pipes;
ix. Air -driven pipes;
X. Chillums;
A. Bongs;
071696 6 Section 49
xii. Ice pipes or chillers;
M. Wearing apparel containing obscene pictures or words,
such apparel being T-shirts, belt buckles, jewelry or any
other wearing apparel;
n. Salves, ointments, jells, creams, jellies, lotions and oils
advertised for or designed as a sexual stimulus;
0. Magazines, books, records, cassettes, pictures,
drawings and other similar material depicting and
describing sexual conduct in a manner that is designed
for adult use and consumption;
P. Incense.
(b) COMPLIANCE WITH THIS PARAGRAPH: Notwithstanding any
provision of any ordinance or any City Code provision currently in
effect in the City of Grapevine, the operation of a specialty and
novelty establishment permitted by the laws of the State of Texas,
shall be regulated and governed as provided herein.
(c) COMPLIANCE WITH ZONING ORDINANCE: The operation of a
specialty and novelty establishment shall be illegal in the City of
Grapevine, unless on property zoned specially for that purpose in
accordance with and pursuant to Section 49 of this Ordinance.
6. Billiard table and coin-operated machines:
(a) DEFINITIONS:
(1) BILLIARD TABLE: Any table surrounded by a ledge or
cushion, with or without pockets, upon which balls are impelled
by a stick or cue, and where the player thereon does not or is
not required to make a coin deposit causing an electrical
connection of any nature or kind before such game may be
actually commenced.
(2) SKILL OR COIN-OPERATED MACHINES: Means every coin-
operated machine of any kind or character whatsoever, when
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such machine or machines dispense or are used or are
capable of being used or operated for amusement or pleasure
or when said machines are operated for the purpose of
dispensing or affording skill or pleasure, or for any other
purpose other than the dispensing or vending of merchandise,
music or service as those terms are defined in Title 122A
Taxation, General of the Laws of the State of Texas. The use
of eight (8) or more such machines at any one location shall
constitute a principal use.
(b) Notwithstanding any other provision of this ordinance or of any
Ordinances of the City, the commercial use of billiard tables, or the
commercial use of eight (8) or more skill or coin-operated machines
shall be illegal unless the property is zoned specifically for that
purpose in accordance with and pursuant to Section 49 of this
Ordinance.
7. Sexually Oriented Business:
(a) A sexually oriented business shall be permitted use only in Light
Industrial Districts and in Planned Industrial Development Districts
and only upon the issuance of a Special Use Permit in accordance
with and pursuant to the provisions of this Section 49. A sexually
oriented business shall not be located within one thousand (1,000)
feet of a church, a school, a boundary of a residential district, a public
park or the property line of a lot devoted to residential use.
(b) A sexually oriented business shall comply with the requirements of
Chapter 14, Article V of the City Code and shall be regulated and
licensed as provided therein.
8. Helistop:
9. Heliports in the CC, HC, HCO, LI, and GU Zoning Districts.
10. Group Care Homes for the Mentally Retarded, Abused Women, and Physical
and Psychiatric Rehabilitation in any district, except for R-7.5, R-12.5, and
R-20 Single Family Districts. Half -way houses or criminal correction facilities
shall not be permitted in any district, except as provided for in Section 38,
Governmental Use District.
E3
Section 49
•
11. Bed and Breakfast facility in any designated Historic Landmark Subdistrict.
12. Gas and oil well drilling and production in any nonresidential district.
(a) DEFINITION: For the purpose of this paragraph, the following words
and phrases shall have the meaning respectively ascribed to them by
this section.
(1) NEIGHBORHOOD DAY CARE CENTER shall mean a place
where children are left for care in the R-7.5, R-5.0, R-3.5, R-
3.75, R -MH, R-MODH, and R-TH districts. The lot on which
the neighborhood day care center is located must front upon
a street designated as a type A, B, C, D, or E thoroughfare on
the Grapevine Thoroughfare Plan.
(b) The following minimum design requirements shall be required for
Neighborhood Day Care Centers permitted as a Special Use.
(1) Lots for Neighborhood Day Care Centers permitted as a
special use shall have a minimum lot area of one (1) acre.
(2) Width of lot, feet - 150.
(3) Depth of lot, feet - 175.
(4) A landscape plan, meeting the requirements of Section 53.
(5) Required front yards shall be landscaped with grass,
shrubbery, vines, or trees and no part shall be paved or
surfaced except for minimum access, driveways, and
sidewalks in accordance with Section 53 of this ordinance.
(6) Garbage storage shall be screened on all four sides by a solid
wooden or masonry fence and located on a concrete pad not
less than fifty (50) feet to any adjoining property.
14. Churches, convents and other places of worship that exceed the maximum
height regulation established for the zoning district in which they are listed
as a permitted or conditional use. All other district regulations -shall apply.
071696 9 Section 49
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C. APPLICATION: An application for a Special Use Permit may be filed by the owner
of, or other person having a contractual or possessory interest in, the subject
property. Any application filed by a person who is not the owner of the property for
which the special use permit is sought shall be accompanied by evidence of the
consent of the owner.
D. CONTENTS OF APPLICATION. An application for a Special Use Permit shall be
filed with the Director of Development Services, or such other official as he may
designate. The application shall contain the following information as well as such
additional information as may be prescribed by rule of the Commission or the
Director of Development Services.
1. The applicant's name and address and his interest in the subject property;
2. The owner's name and address, if different than the applicant, and the
owner's signed consent to the filing of the application;
3. The street address and legal description of the property;
4. The zoning classification and present use of the subject property;
5. A description of the proposed special use;
6. An application for site plan approval, as required and defined in Section 47
of this Ordinance;
7. A statement as to why the proposed special use will not cause substantial
injury to the value, use or enjoyment of other property in the neighborhood;
8. A statement as to how the proposed Special 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, and that the value, use and reasonable
enjoyment of such property will not be impaired or adversely affected;
9. An identification of any potentially adverse effects that may be associated
with the proposed Special Use, and of the means proposed by the applicant
to avoid, minimize or mitigate such effects.
E. HEARING ON SPECIAL USE PERMIT APPLICATION: A public hearing on an
071696 10 Section 49
s
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application for a Special Use permit shall be held and notice thereof given in the
manner and form required for amendments as set out in Section 67 of this
Ordinance.
For applications involving minor modifications to previously approved Special
Use Permits. the Director of Development Services may present the
application to a Site Plan Review Committee consisting of a member of the
Planning and Zoning Commission (appointed by the Commission Chairman),
the City Council Representative to the Planning and Zoning Commission and
the Director of Development Services, which shall determine if the proposed
modification(s) are such that a public hearing before the Planning and Zoning
Commission and the City Council is or is not warranted If the Site Plan
Review Committee determines that a public hearing is not warranted, the
application will be reviewed and approved administratively under the authority
of the Site Plan Review Committee For administratively approved
modifications to a previously approved Special Use Permit, the full application
fee shall be retained by the City.
F. In considering an application for a Special Use Permit, the Planning and Zoning
Commission, and the City Council shall take into consideration the following factors:
Whether the proposed special use will adversely affect the safety of the
motoring public and of pedestrians using the facility and the area
immediately surrounding the site;
2. Whether the proposed Special Use will adequately provide for safety from fire
hazards, and have effective measure of fire control;
3. Whether the proposed Special Use will adequately protect adjacent property
from flood or water damage;
4. Whether the proposed Special Use will have noise producing elements;
5. Whether the glare of vehicular and stationary lights will effect the established
character of the neighborhood;
6. Whether the location, lighting and type of signs and the relationship of signs
to traffic control is appropriate for the site;
7. Whether such signs will have an adverse effect on adjacent properties;
11
Section 49
I • — 0 a
1 i1
8. Whether the street size and pavement width in the vicinity will be adequate
for traffic reasonably expected to be generated by the proposed use;
9. Whether the proposed Special Use will have any 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;
10. Whether the proposed Special Use will be constructed, arranged and
operated so as not to dominate the immediate vicinity or to interfere with the
development and use of neighboring property in accordance with the
applicable district regulations. In determining whether the proposed Special
Use will so dominate the immediate neighborhood, consideration shall be
given to:
(a) The location, nature and height of buildings, structures, walls, and
fences on the site; and
(b) The nature and extent of landscaping and screening on the site.
11. Whether the proposed Special Use otherwise complies with all applicable
regulations of this Ordinance, including lot size requirements, bulk
regulations, use limitations, and performance standards;
12. Whether the proposed Special Use at the specified location will contribute to
or promote the welfare or convenience of the public; ✓
13. Whether off-street parking and loading areas will be provided in accordance
with the standards set out in Sections 56 and 57 of this Ordinance, and such
areas will be screened from any adjoining residential uses and located so as
to protect such residential uses from any injurious effect;
14. Whether 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;
15. Whether the proposed Special Use will be served adequately by essential
public facilities and services 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;
071696 12 Section 49
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16. Whether the proposed Special Use will result in the destruction, loss or
damage of any natural, scenic or historic feature of significant importance.
17. Whether the Director of Development Services has approved the detailed
landscaping plan as having met the provisions of Section 53.
G. CONDITIONS AND RESTRICTIONS: In considering a Special Use permit
application, the Planning and Zoning Commission may recommend, and the City
Council may impose such conditions, safeguards and restrictions upon the premises
benefited by the special use as may be necessary to avoid, minimize, or mitigate
any potentially injurious effect of such special 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 Special Use Permit.
H. AFFIDAVIT OF COMPLIANCE WITH CONDITIONS. Whenever any Special Use
Permit authorized pursuant to this section is made subject to conditions to be met
by the applicant, the applicant shall, upon meeting such conditions, file an affidavit
with the Director of Development Services so stating.
1. EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIAL USE: The issuance of
a permit for a Special Use shall not authorize the establishment or extension of any
use nor the development, construction, reconstruction, alteration or moving of any
building or structure, but shall merely authorize the preparation, filing and
processing of applications for any permits 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 Special Use Permit shall be valid for a period longer
than one (1) year from the date on which the City Council grants the Special 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 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 Special Use Permit.
071696
13
Section 49
1 0 a
Section 50. Screening
A. PURPOSE: To encourage the most appropriate use of land and conserve and
protect the privacy and value of adjacent permitted uses, regulations and prescribed
herein for the location and type of various screening devices to be used when
required in the various zoning districts or in this section in accordance with the
following standards.
1. Where the side, rear, or service side of a four -family, multi -family, or non-
residential use is adjacent to a single-family, two-family, or townhouse
residential district, screening of not less than six (6) feet in height shall be
erected separating the use from the adjacent residential district, said
screening shall be in accordance with screening Alternates A or C. No
screening is required adjacent to a street.
2. Where the side, rear, or service side of a nonresidential use is adjacent to a
four -family or multifamily district, screening of not less than six (6) feet in
height shall be erected separating the use from the adjacent residential
district, said screening shall be in accordance with alternates A or C -E as set
forth in Section C. No screening is required adjacent to a street.
3. For all uses other than single-family, two-family and townhouse dwelling,
refuse storage areas not adjacent to an alley shall be visually screened by
a solid fence or wall one (1) foot above the refuse dumpster, not to exceed N000W
eight (8) feet in height on all sides, except the side used for garbage pickup
service, such side shall not be required to be screened unless the service
side of the refuse storage area is visible from a residentially zoned district.
C. SCREENING STANDARDS: Under various zoning districts and circumstances,
screening is required. The following are the approved types of screening as
referred to in various places in this Ordinance:
1 SCREENING ALTERNATE A: Screening Alternate A shall consist of a solid
masonry or concrete wall to a minimum height of six (6) feet measured from
the average grade of the nearest property line of the property adjacent to
that on which the screening is required.
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071889 1 Section 50
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2.4- SCREENING ALTERNATE BO: Screening Alternate B8 shall consist of
landscaped earthen berms to a minimum height of six (6) feet. Side slopes
of berm shall have a minimum of two (2) feet of horizontal distance for each
one foot of height. Berms shall contain necessary drainage provisions as
required by the City Engineer. Landscaping shall be as required in Section
53.
3. � SCREENING ALTERNATE C: Screening Alternate C shall consist of a
solid wood fence to a minimum height of six (6) feet measured from the
average grade of the nearest property line of the property adjacent to that on
which the screening is required.
� � ► 1. � ► 1 r • � r r r • •
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D. MAINTENANCE: All required screening materials shall be maintained in a
neat and orderly manner at all times. This shall include, but not be limited
to pruning, fertilizing, watering, mowing, weeding, and other such activities
common to the maintenance of landscaping. Appropriate facilities for
watering any plant material shall be installed at time of planting. Screening
areas shall be kept free of trash, litter, weeds, and other such materials or
plants not a part of the screening or landscaping. All plant material shall be
maintained in a healthy and growing condition as is appropriate for the
season of the year. All plant material which dies shall be replaced with plant
material of similar variety and size.
E. ADDITIONAL SCREENING, FENCING, LANDSCAPING: The Planning and Zoning
Commission may recommend and the City Council may require screening, fencing
and landscaping requirements on any zoning case in addition to or in lieu of
her
Section 50
LIM
screening or fencing requirements set out specifically in each use district when the
nature and character of surrounding or adjacent property dictate a need to require
such devices in order to protect such property and to further provide protection for
the general health, welfare and morals of the community in general.
a
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Section 52. Tree Preservation
A. PURPOSE. The purpose of this section is to establish rules and regulations
governing the protection of trees and vegetation cover within the City of Grapevine,
to encourage the protection of healthy trees and vegetation and to provide for the
replacement and replanting of trees that are necessarily removed during
construction, development, or redevelopment.
B. DEFINITIONS. The following definitions shall apply to this chapter:
I BUILDABLE AREA: That portion of a building site exclusive of the required
yard areas on which a structure or building improvements may be erected,
and including the actual structure, driveway, parking lot, pool, and other
construction as shown on the site plan.
2. DRIP LINE: A vertical line run through the outermost portion of the crown of
a tree and extending to the ground.
3. HISTORIC TREE: A tree which has been found by the City to be of a notable
historic interest because of its age, type, size or historic association and has
been so designated as part of the official records of the City.
4. PERSON: Any corporation, partnership, association or other artificial entity;
or any individual; or any agent or employee of the foregoing.
5. SPECIMEN TREE: A tree which has been determined by the City to be of
high value because of its type, size, or other professional criteria, and which
has been so designated as part of the official records of the City.
6. TREE, PROTECTED: Any self-s*upporting woody perennial plant which has
a caliper of three (3) inches or more when measured at a point of four and
one-half (4-1/2) feet above ground level and which normally attains an
overall height of at least twenty (20) feet at maturity, usually with one (1)
main stem or trunk and many branches. It may appear to have several
stems or trunks as in several varieties of oaks.
7. TREE TOPPING: The severe cutting back of limbs to stubs larger than three -
inches (3") in diameter within the tree's crown to such a degree so as to
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remove the normal canopy and disfigure the tree.
8. YARD AREA: The front, side and rear yard areas as required under the
Comprehensive Zoning Code and the zoning district requirements applicable
thereto.
C. APPLICABILITY. The terms and provisions of this section shall apply to real
property as follows:
1. All real property upon which any designated specimen or historic tree is
located.
2. All vacant and undeveloped property.
3. All property to be redeveloped, including additions and alterations.
4. The yard areas of all developed property, excluding developed and owner -
occupied single-family residential property.
5. All easements and rights-of-way except those included in a plat approved by
City Council shall meet the terms and provisions of this section.
1. A Tree Preservation Permit may be required by City Council and approved
in connection with a request for a zone change, conditional use or special
use permit request or when a plat (preliminary, final, or replat) is filed, unless
one has already been approved. This permit shall be prepared by a
registered landscape architect, registered architect, registered engineer or
registered surveyor.
2. A Protected Tree Removal Permit shall be required when Protected Trees
are to be removed from a site. No person, directly or indirectly, shall cut
down, destroy, remove or move, or effectively destroy through damaging,
any Protected Tree, specimen tree or historic tree situated on property
described above without first obtaining approval from the Director of
Development Services and a Protected Tree Removal Permit unless the
conditions of Section 52.H.1 and 52.H.2 apply. A registered landscape
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architect, registered architect, registered engineer or registered surveyor
shall prepare a permit submitted for approval by the Planning and Zoning
Commission. A Tree Removal Permit and/or Protected Tree Removal Permit
submitted for approval by Development Services Staff does not have to be
prepared by a registered landscape architect, registered architect, registered
engineer or registered surveyor.
E. TREE PRESERVATION PERMIT. The purpose of this requirement is to provide a
review process to preserve the existing natural environment whenever possible and
to encourage the preservation of large specimen trees throughout any construction
or land development. The Tree Preservation Permit shall include the following:
1. Location of all existing or proposed structures, improvements such as streets,
alleyways etc. and site uses, properly dimensioned and referenced to
property lines, setback and yard requirements.
2. Date, scale, north point, and the names, addresses and telephone numbers
of both property owner and the person preparing the plan.
3. Location of existing and proposed utility easements and drainage easements
on the lot.
4. Location and dimensions of visibility triangles on the lot.
5. The City Council shall dictate what caliper size tree to survey for purposes
of preservation of existing trees. Protected Trees to remain shall be
designated by a circle.
6. The City Council shall dictate what caliper size tree to survey for purposes
of removal. Protected Trees to be removed shall be designated by a
triangle.
7. Tree information required above shall be summarized in legend form on the
plan and shall include the reason for the proposed removal. This same
summary shall also be submitted on an 8.5" x 11" sheet of paper.
8. Protected Tree Replacement Plan: The plan shall exhibit the location of
proposed Protected Trees to be replaced and include a legend indicating the
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species, caliper size and height of proposed Protected Tree replacement.
Replacement trees shall be designated by a square. The legend shall also
be submitted on an 8.5" x 11" sheet of paper.
(a) No replacement tree may be planted within a visibility triangle, a water
course, or an existing or proposed street or alley.
(b) A replacement tree must have, a minimum caliper of at least three (3)
inches when measured at six (6) inches above ground level.
(c) A replacement tree that dies within two years of the date it was
planted must be replaced by another replacement tree that complies
with the Tree Preservation Permit.
9. Tree Protection Plan: The plan shall describe how existing, healthy Protected
Trees proposed to remain will be protected from damage during any
construction or land development in accordance with Section 52.J., Tree
Protection.
F. PROTECTED TREE REMOVAL PERMIT. Permits for removal or replacement of
Protected Trees covered herein shall be obtained by making application on a form
prescribed by the City and submitted to the Director of Development Services. The
application shall be accompanied by a preliminary plat showing the exact location,
caliper size, height, and common name of all Protected Trees to be removed. The
application shall also be accompanied by a written document indicating the reasons
for removal or replacement of Protected Trees and two (2) copies of a legible site
plan drawn to the largest practicable scale indicating the following:
1 Location of all existing or proposed structures, improvements such as streets,
alleyways, etc. and site uses, properly dimensioned and referenced to
property lines, setback and yard requirements and special relationships.
2. Date, scale, north point, and the names, addresses and telephone numbers
of both property owner and the person preparing the plan.
3. Existing and proposed site elevations, grades and major contours.
4. Location of existing and proposed utility easements and drainage easements
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on the lot.
5. Location and dimensions of visibility triangles on the lot.
6. Survey locating Protected Trees on the site to remain that are three (3) inch
caliper or greater when measured at a point four and one-half (4-1/2) feet
above the ground level. Protected Trees to remain shall be designated by
a circle
7. Survey locating trees on the site to be removed that are three (3) inch caliper
or greater when measured at point four and one-half (4-1/2) feet above the
ground level. Protected Trees to be removed shall be designated by a
triangle.
8. Tree information required above shall be summarized in legend form on the
plan and shall include the reason for the proposed removal. This same
summary shall also be submitted on an 8.5" x 11" sheet of paper.
9. Protected Tree Replacement Plan: The plan shall exhibit the location of
Protected Trees proposed to be replaced and include a legend indicating the
species, caliper size and height of proposed tree replacement. Replacement
trees shall be designated by a square. The legend shall also be submitted
on an 8.5" x 11" sheet of paper.
(a) No replacement tree may be planted within a visibility triangle, a water
course, or an existing or proposed street or alley.
(b) A replacement tree must have a minimum caliper of at least three (3)
inches when measured at six (6) inches above ground level.
(c) A replacement tree that dies within two years of the date it was
planted must be replaced by another replacement tree that complies
with the Tree Preservation Permit.
10. Tree Protection Plan: The plan shall describe how existing healthy Protected
Trees proposed to be retained will be protected from damage during
construction.
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G. APPLICATION REVIEW. Upon receipt of a proper application, the Planning and
Zoning Commission shall review the application for new subdivisions and for platted
lots, the Director of Development Services shall review applications for platted lots;
said review may include a field inspection of the site, and the application may be
referred to such Departments as deemed appropriate for review and
recommendations. Following the review and inspection, the permit applications will
be approved, disapproved, or approved with conditions by the Planning and Zoning
Commission or Director of Development Services as appropriate, in accordance
with the provisions of this chapter.
1 No Protected Tree or trees shall be removed prior to issuance of a building
permit unless one of the following conditions exist:
(a) The Protected Tree is located in a utility easement or public street
right-of-way as recorded on a plat approved by the City Council.
In the event that certain Protected Trees outside the above areas or
Protected Trees based partially outside the easement are requested
to be removed to allow the operation of equipment, the applicant shall
submit a Plat and Site Plan which indicates the exact operation area
needed. The Public Works Staff must approve all requests for tree
removal within these areas.
(b) The Protected Tree is diseased, injured, in danger of falling, interferes
with utility service, creates unsafe vision clearance, or conflicts with
other ordinances or regulations with the approval of the Director of
Development Services:
(c) Except for the above, under no circumstances shall there be clear
cutting of Protected Trees on a property prior to the issuance of a
building permit.
(d) Development Services Staff may approve the removal of Protected
Trees that interfere with the construction of a building and/or the
drainage of a lot.
(e) The Public Works staff may approve of the removal of a Protected
Tree or Trees located within a drainage easement if the removal is
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determined to be necessary to ensure the proper construction or
maintenance of said drainage easement.
2. Upon issuance of a building permit, developer shall be allowed to remove
Protected Trees located on the buildable area of the property. Protected
Trees located in required yard areas, buffers and open space areas shall be
maintained. The buildable area shall include sufficient adjacent area to allow
the normal operation of construction equipment. Prior to any tree removal,
an inspection by the Building Department shall be required and written
approval from the Building Official shall be granted before said tree(s)
are removed.
PROTECTED TREE REPLACEMENT REQUIREMENTS
In the event that it is necessary to remove Protected Tree(s) outside the buildable
area, the developer, as a condition of issuance of a Protected Tree removal permit,
may be required to replace the Protected Tree(s) being removed with comparable
trees somewhere within the site.
z 1. REPLACEMENT TREE SPECIFICATIONS: A sufficient number of trees shall
be planted to equal, in caliper, the diameter of the tree removed. Said
replacement trees shall be a minimum of three (3) inches caliper and seven
(7) feet in height when planted, and shall be selected from the list of
approved replacement trees maintained by the Director of Development
Services as approved by the Planning and Zoning Commission. Protected
Trees that are removed without a permit shall be replaced at a number
equivalent to 125% of those Protected Trees removed from the site as
estimated by the Director of Development Services.
2. REPLACEMENT PROCEDURES: At the time of review, the agent
responsible for placement, the time of replacement and the location of the
new trees will be determined by the Director of Development Services. The
replacement trees shall be located on the subject site whenever possible.
However, if this is not feasible, the City has the authority to allow the
planting to take place on another property. A replacement tree that dies
within two (2) years of the date it was planted must be replaced by another
replacement tree in compliance with this ordinance. No certificates of
occupancy shall be issued for the site until all required replacement trees
have been planted.
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3. TREE REFORESTATION FUND: In situations in which it is not feasible to
place the replacement trees on either the subject site or an alternate site, the
applicant, upon approval of the Director of Development Services, may make
a payment into the Tree Reforestation Fund. The fund amount shall be
equivalent to 100% of the tree replacement cost. For those Protected Trees
removed without a permit, the fund amount shall be the equivalent of 125%
of the tree replacement cost. The funds shall be used only for purchasing
and planting trees on public property or acquiring wooded property that shall
remain in a naturalistic state in perpetuity. The amount of payment that is
required for each replacement tree should be calculated based on a
schedule published annually by the City, which sets forth the average cost
of a quality tree added to the average cost of planting a tree. No certificates
of occupancy shall be issued for the site until the required payment has been
made to the Tree Reforestation Fund.
TREE PROTECTION. During any construction or land development, the developer
shall clearly mark all Protected Trees to be maintained and may be required to erect
and maintain protective barriers around all such trees or groups of trees. The
developer shall not allow the movement of equipment or the storage of equipment,
materials, and debris or fill to be placed within the drip line of any Protected Tree.
During the construction stage of development, the developer shall not allow the
cleaning of equipment or material under the canopy of any Protected Tree or trees
to remain. Neither shall the developer allow the disposal of any waste material such
as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the
canopy of any Protected Tree or Trees.
No attachment or wires of any kind, other than those of a protective nature, shall be
attached to any Protected Tree.
K. TREE PRUNING RESTRICTIONS
GENERAL: No Protected Tree shall be pruned in a manner that significantly
disfigures the tree or in a manner that would reasonably lead to the death of the
tree.
ALLOWED PRUNING: The City may approve pruning of a Protected Tree in
cases where Protected Trees must be strategically pruned to allow
construction or demolition of a structure. All pruning of Protected Trees by
franchise utility companies to ensure the safe operation of utility services
100599 8 Section 52
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shall be allowed. When allowed, all pruning shall be by approved -by
arboricultural techniques. This section is not intended to require a tree
permit for reasonable pruning performed or contracted to be performed by
the owner of the tree when unrelated to construction activity.
2. REQUIRED PRUNING: The owners of all trees adjacent to public right-of-
way shall be required to maintain a minimum clearance of ten feet (10)
above the traveled pavement or curb of a public street. Said owners shall
also remove all dead, diseased or dangerous trees, or broken or decayed
limbs that constitute a menace to the safety of the public. The City shall also
have the right to prune trees overhanging within public right-of-way which
interfere with the proper spread of light along the street from a street light or
interfere with visibility of any traffic control device or sign or as necessary to
preserve the public safety.
3. TREE TOPPING: It shall be unlawful as a normal practice for any person,
firm or city department to top any tree. Trees severely damaged by storms
or other causes or certain trees under obstructions where other pruning
practices are impractical may be exempted from this ordinance at the
determination of the Director of Development Services.
L. EXCEPTIONS. In the event that any tree shall be determined to be in a hazardous
or dangerous condition so as to endanger the public health, welfare or safety, and
require immediate removal without delay, authorization may be given by the Director
of Development Services and the tree may then be removed without obtaining a
written permit as herein required.
During the period of an emergency such as a tornado, storm, flood, or other act of
God, the requirements of this Ordinance may be waived as may be deemed
necessary by the City Council.
All licensed plant or tree nurseries shall be exempt from the terms and provisions
of this Section only in relation to those trees planted and growing on the premises
of said license, which are so planted and growing for the sale or intended sale to the
general public in the ordinary course of said licensee's business.
Utility companies franchised by the City may remove trees which endanger public
safety and welfare by interfering with utility service, except that where such trees
are on owner -occupied properties developed for one -family use, disposal of such
trees shall be at the option of the property owner.
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M. EXEMPTION. This Ordinance shall not apply to any development that has received
final plat approval prior to the effective date of this Ordinance.
100599 10 Section 52
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City of Grapevine
REQUIRED TREE LIST FOR REQUIRED LANDSCAPING
(Excluding Landscape Islands)
(Medium to Large Deciduous
Trees)
Tree Name
Scientific Name
Height
Width
Bald Cypress
(Taxodium distichum)
40'-60'
30'-40'
Burr Oak
(Quercus macrocarpa)
50'-60'
40'-50'
Callery Pear
(Pyres calleryana)
30'
15'-25'
(*Varieties: "Rancho", "Aristocrat",
"Capital" "Bradford")
Cedar Elm
(Ulmus rassifolial)
50'-60'
40'-50'
Chinese Pistacho
(Pistacia chinensis)
40'-50'
40'-50'
Chinquapin Oak
(Quercus muhlenbergii)
50'-60'
40'-50'
Pecan
(Carya illinoensis)
50'-60'
40'-50'
Shumard Red Oak
(Quercus shumardii)
50'-60'
40'-50'
Texas Red Oak
(Quercus shumardii)
30'-35'
20'-30'
Western Soapberry
(Sapindus drummondii)
30'-40'
25'-35'
Southern Magnolia
(Magnolia grandiflora)
60'-80'
30'-50'
Lacey Oak
(Quercus glancoides)
EVERGREEN TREES
Afghan Pine
(Pinus eldarica)
30'-40'
25-30'
Austrian Pine
(Pinus nigra)
20'-25'
101-15,
Eastern Red Cedar
(Juniperus virginiana)
30'-40'
20'-30'
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Eldarica Pine
(Pinus eldarica)
30'-40'
25'-30'
Japanese Black Pine
(Pinus thunbergiana)
20'-50'
20'-30'
Leyland Cypress
(Cupressocyparis leylandi)
20'-40'
40'-50'
Live Oak
(Quercus virginiana)
25'-35'
35'-55'
Yaupon Holly
(Ilex vomitoria)
12'-18'
10'-15'
(Small Deciduous Trees)
Desert Willow
(Chilopsis linearis)
15'-30'
15'-25'
Eve's Necklace
(Sophora affinis)
15'-25'
15'-20'
Mexican Plum
(Prunus mexicana)
15'-25'
15'-20'
Possumhaw holly
(Ilex decidua)
15'-20'
10'-15'
Redbud
(Cercis canadensis)
20'-25'
15'-20'
"Oklahoma"
100599 12 Section 52
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Tree Name
Bald Cypress
Burr Oak
Callery Pear
Cedar Elm
Chinese Pistacho
Chinquapin Oak
Pecan
Shumard Red Oa
Texas Red Oak
Western Soapber
Southern Magnoli
Lacey Oak
City of Grapevine
(Pinus eldarica)
REQUIRED TREE LIST FOR LANDSCAPE ISLANDS
(Medium to Large Deciduous Trees)
Scientific Name Height
(Taxodium distichum)
40'-60'
(Quercus macrocarpa)
50'-60'
(Pyrus calleryana)
30'
(*Varieties: "Rancho", "Aristocrat",
"Capital" "Bradford")
(Ulmus rassifolial)
50'-60'
(Pistacia chinensis)
40'-50'
(Quercus muhlenbergii)
50'-60'
(Carya illinoensis)
50'-60'
k (Quercus shumardii)
50'-60'
(Quercus shumardii)
30'-35'
ry (Sapindus drummondii)
30'-40'
a (Magnolia grandiflora)
60'-80'
(Quercus glancoides)
EVERGREEN TREES
Width
30'-40'
40'-50'
15'-25'
40'-50'
40'-50'
40'-50'
40'-50'
40'-50'
20'-30'
25'-35'
30'-50'
Afghan Pine
(Pinus eldarica)
30'-40'
25'-30'
Austrian Pine
(Pinus nigra)
20'-25'
101-15,
Eastern Red Cedar
(Juniperus virginiana)
30'-40'
20'-30'
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Eldarica Pine
(Pinus e1darica)
30'-40'
25-30'
Japanese Black Pine
(Pinus thunbergiana)
20'-50'
20'-30'
Leyland Cypress
(Cupressocyparis leylandi)
20'-40'
40'-50'
Live Oak
(Quercus virginiana)
25-35'
35'-55'
Yaupon Holly
(Ilex vomitoria)
12'-18'
10'-15'
100599 14 Section 52
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Section 58. Parking, Loading and Outside Storage Area
Development Standards
A. The off-street parking facilities required for the uses mentioned in this ordinance,
and other similar uses shall be on the same lot or parcel of land as the structure
they are intended to serve, or upon a lot or parcel of land within three hundred (300)
feet of the lot or tract of land upon which the structure they are intended to serve is
located and shall be exclusive of landscaping requirements. In situations where
a lot or parcel of land is comprised of multiple zoning districts, no parking for
the principal use shall be located upon property that is of a less restrictive
zoning than the principal use.
For hotels/motels in excess of five hundred (500) rooms with restaurants, clubs and
conference facilities in excess of 100,000 square feet which must comply with the
development requirements set forth in Section 29, "HCO" Hotel/Corporate Office
District, any required or additional off-street parking may be provided upon another
lot or parcel of land with no distance requirement between the off-site parking and
the principal use it is intended to serve. A site plan and a Conditional Use Permit
meeting all of the requirements of Section 48 shall be required.
B. All required off-street parking and loading and drives, vehicle (autos, trucks, trailers,
boats, etc.) sales, display areas and outside storage areas in all districts shall be
paved to a minimum standard equivalent to four (4) inch concrete slab with six (6)
inches by six (6) inches by six (6) gauge mesh wire or two (2) inch hot mix asphaltic
concrete over six (6) inch crushed rock base. Exceptions to these pavements must
be approved by the City Engineer, and be based on equivalency. All reinforcing in
concrete shall be suspended in the center of the slab.
C. Driveway design and placement standards shall be in accordance with Chapter 20,
Article III, of the City of Grapevine Code of Ordinances.
D. No loading space shall be located closer than fifty (50) feet to any other lot in any
R district, unless wholly within a completely enclosed building or unless enclosed
on all sides by a wall not less than eight (8) feet in height.
E. Lighting facilities, if provided shall be so arranged as to be reflected away from
residentially zoned or used property. They shall provide illumination within the
parking facility not to exceed one foot-candle at ground level, and shall distribute not
more than two-tenths of one (0.2) foot-candle of light upon any adjacent
residentially zoned district.
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F. The parking area shall be used for passenger vehicles only, and in no case shall be
used for sales, repair work, storage, dismantling or servicing of any vehicles,
equipment, materials or supplies.
G. The off-street loading facilities required for the uses mentioned in this ordinance and
other similar uses, shall be on the same lot or parcel of land as the structure they
are intended to serve, or on a lot or parcel of land abutting the structure they are
intended to serve.
H. All parking, loading spaces and vehicle sales areas on private property shall have
a vehicle stopping device installed so as to prevent parking of motor vehicles in any
required landscaped areas, to prevent any parked vehicle from overhanging a public
right-of-way line, or public sidewalk. An overwide sidewalk on private property may
be permitted so as to allow encroachment of vehicle overhang while maintaining an
unobstructed three-foot minimum sidewalk width. This requirement shall apply only
where spaces are adjacent to the walks, right-of-way, and landscaping. Parking
shall not be permitted to overhang public right-of-way in any case.
I Driving lane widths in all private parking lots shall conform to the following
standards:
0 degrees - 34 degrees .......................18 feet minimum
35 degrees - 90 degrees ......................25 feet minimum
All turning radii .....................................25 feet minimum
J. In nonresidential districts, surface parking may extend to the front property line,
except for required screening and landscaping as set forth in the various sections
of this Ordinance.
K. In determining the required number of parking spaces, fractional spaces shall be
counted to the next whole space. Parking spaces located within buildings used for
repair garages or carwashes shall not be counted in determining the required
minimum off-street parking.
L. Floor area of structures devoted to off-street parking of vehicles shall be excluded
in computing the floor area for off-street parking requirements.
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M. Paving, marking, and signing shall be provided in accordance to the design
requirements as set forth in the Manual on Uniform Traffic Control Devices.
N. Kindergartens, day schools and similar child training and care establishments shall
provide two (2) loading and unloading spaces on a private drive, off-street to
accommodate two motor vehicles for the first twenty (20) students or children, and
one (1) for each additional twenty (20) students.
O. Internal traffic cross access providing interconnecting access between
developments or lots, exclusive of public street access, shall be required between
all nonresidential developments to alleviate traffic hazards in the public right-of-way.
Cross access will not be required between industrial zoning and other non-
residential zoning districts. Specific exceptions are noted in the Driveway Design
and Placement Standards, Chapter 20, Article 111, of the City of Grapevine Code of
Ordinances. Exceptions to this requirement would require approval by the Planning
and Zoning Commission and City Council through either an approved concept plan
or a site plan. Internal cross access will not be required for properties having
driveways approved by a concept plan in accordance with Section 45, or a site plan
in accordance with Section 47, prior to June 21, 1994.
111699 3 Section 58
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING ORDINANCE NO. 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 REGULATIONS
BY AMENDING SECTION 47 SITE PLAN REVIEW, SECTION
48 CONDITIONAL USES, SECTION 49 SPECIAL USES,
SECTION 50 SCREENING, SECTION 52 TREE
PRESERVATION, AND SECTION 58 PARKING, LOADING
AND OUTSIDE STORAGE AREA DEVELOPMENT
STANDARDS, 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 1, That Ordinance No. 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 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 47 Site Plan Review is hereby amended by the addition of
subsection K Filing Fees For Uses Requiring a Site Plan to read as follows:
"K. FILING FEES FOR USES REQUIRING A SITE PLAN: For
applications requiring a site plan not associated with Section 48, Conditional Uses
or Section 49 Special Uses, the applicant shall pay to the City the sum of two
hundred fifty dollars ($250.00) for all tracts or parcels of land that do not exceed
one (1) acre and an additional fee of twelve dollars and fifty cents ($12.50) per acre
or part thereof for each additional tract or parcel that exceeds one (1) acre, no part
of which shall be refundable regardless of the action taken on the request.
B. That Section 48 Conditional Uses is hereby amended by amending the first
i
paragraph of subsection D to read as follows and the remainder to remain the same.
"D. APPLICATION FOR CONDITIONAL USE PERMIT: An application for
a Conditional Use Permit shall be filed in duplicate with the Director of
Development Services, or such other official as he may designate, who shall
forward without delay one copy to the Planning and Zoning Commission.
The application shall contain a Site Plan and the following information; as
well as such additional information as may be prescribed by rule of the
Commission or the Director of Development Services. A site plan is not
required for property zoned R-5.0 Zero Lot Line District:"
C. That Section 48 Conditional Uses is hereby amended by amending
subsection E in its entirety to read as follows:
11E. 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 amendments as set out in Section 67 of this
Ordinance unless the Director of Development Services or the Planning and
Zoning Commission determines that the application is incomplete.
For applications involving minor modifications to previously approved
Conditional Use Permits, the Director of Development Services may present
the application to a Site Plan Review Committee consisting of a member of
the Planning and Zoning Commission (appointed by the Commission
Chairman), the City Council Representative to the Planning and Zoning
Commission, and the Director of Development Services, which shall
determine if the proposed modification(s) are such that a public hearing
before the Planning and Zoning Commission and the City Council is or is not
warranted. If the Site Plan Review Committee determines that a public
hearing is not warranted, the application will be reviewed and approved
administratively under the authority of the Site Plan Review Committee. For
administratively approved modifications to a previously approved Conditional
Use Permit, the full application fee shall be retained by the City.
D. That Section 49 Special Use Permits is hereby amended by amending
subsection B.1.a by the addition of the following new paragraph:
"For requests relative to communication uses that will be located on existing
structures with associated cabinetry/equipment located underground or
on/within an existing cabinet area/structure, or for the reconstruction of
existing towers or monopoles with no increase in height, said request, upon
review by the Director of Development Services may be considered a
permitted use to be administratively reviewed and approved under the
authority of the Director of Development Services pursuant to Section 47,
ORD, NO. 2
Site Plan Review."
E. That Section 49 Special Use Permits is hereby amended by the addition of
the following new paragraph:
"For applications involving minor modifications to previously approved
Special Use Permits, the Director of Development Services may present the
application to a Site Plan Review Committee consisting of a member of the
Planning and Zoning Commission (appointed by the Commission Chairman),
the City Council Representative to the Planning and Zoning Commission,
and the Director of Development Services, which shall determine if the
proposed modification(s) are such that a public hearing before the Planning
and Zoning Commission and the City Council is or is not warranted. If the
Site Plan Review Committee determines that a public hearing is not
warranted, the application will be reviewed and approved administratively
under the authority of the Site Plan Review Committee. For administratively
approved modifications to a previously approved Special Use Permit, the full
application fee shall be retained by the City."
F. That Section 50 Screening is hereby amended by amending subsection C
in its entirety to read as follows:
"C. SCREENING STANDARDS: Under various zoning districts and
circumstances, screening is required. The following are the approved types
of screening as referred to in various places in this Ordinance:
1 SCREENING ALTERNATE A: Screening Alternate A shall consist of
a solid masonry or concrete wall to a minimum height of six (6) feet
measured from the average grade of the nearest property line of the
property adjacent to that on which the screening is required.
2. SCREENING ALTERNATE B: Screening Alternate B shall consist of
landscaped earthen berms to a minimum height of six (6) feet. Side
slopes of berm shall have a minimum of two (2) feet of horizontal
distance for each one foot of height. Berms shall contain necessary
drainage provisions as required by the City Engineer. Landscaping
shall be as required in Section 53.
3. SCREENING ALTERNATE C- Screening Alternate C shall consist of
a solid wood fence to a minimum height of six (6) feet measured from
the average grade of the nearest property line of the property
adjacent to that on which the screening is required."
ORD. NO. 3
G. That Section 52 Tree Preservation is hereby amended by amending
11
11.1 -- subsection D.2 to read as follows:
112. A Protected Tree Removal Permit shall be required when Protected
Trees are to be removed from a site. No person, directly or indirectly,
shall cut down, destroy, remove or move, or effectively destroy
through damaging, any Protected Tree, specimen tree or historic tree
situated on property described above without first obtaining approval
from the Director of Development Services and a Protected Tree
Removal Permit unless the conditions of Section 52.H.1 and 52.H.2
apply. A registered landscape architect, registered architect,
registered engineer or registered surveyor shall prepare a permit
submitted for approval by the Planning and Zoning Commission. A
Tree Removal Permit and/or Protected Tree Removal Permit
submitted for approval by Development Services Staff does not have
to be prepared by a registered landscape architect, registered
architect, registered engineer or registered surveyor."
H. That Section 52 Tree Preservation is hereby amended by amending
subsections H.1. (b) and H.2 to read as follows:
f1H. 1. (b) The Protected Tree is diseased, injured, in danger of
failing, interferes with utility service, creates unsafe vision
clearance, or conflicts with other ordinances or regulations
with the approval of the Director of Development Services:"
11H. 2. Upon issuance of a building permit, developer shall be allowed
to remove Protected Trees located on the buildable area of the
property. Protected Trees located in required yard areas,
buffers and open space areas shall be maintained. The
buildable area shall include sufficient adjacent area to allow
the normal operation of construction equipment. Prior to any
tree removal, an inspection by the Building Department shall
be required and written approval from the Building Official
shall be granted before said tree(s) are removed."
I. That Section 58 Parking, Loading and Outside Storage Area Development
Standards is hereby amended by amending the first paragraph of subsection A to read as
follows and the second paragraph to remain the same:
"A. The off-street parking facilities required for the uses mentioned in this
ordinance, and other similar uses shall be on the same lot or parcel of land
as the structure they are intended to serve, or upon a lot or parcel of land
within three hundred (300) feet of the lot or tract of land upon which the
structure they are intended to serve is located and shall be exclusive of
0
landscaping requirements. In situations where a lot or parcel of land is
comprised of multiple zoning districts, no parking for the principal use shall
be located upon property that is of a less restrictive zoning than the principal
use."
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 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.
Section 3. 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 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 inhabitants of the City of Grapevine, Texas, creates- an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall 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 February, 2000.
80000019"I
ATTEST:
ORD. NO. 5
APPROVED AS TO FORM:
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