HomeMy WebLinkAboutItem 09 - Zoning Ordinance AmendmentsLG MEMO
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVEL PMENT SERVICES r'`'"
MEETING DATE: APRIL 19, 2005
SUBJECT: ZONING ORDINANCE AMENDMENTS AM05-02—AMEMDMENT
TO SECTION 40, "MXU" MIXED USE DISTRICT; CREATION OF
SECTION 41, "PD" PLANNED DEVELOPMENT OVERLAY
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission and the City Council consider
amending Section 40, "MXU" Mixed Use District relative to allowing paragraph G. General
Conditions as part of the Flexible Design Standards, and take any action necessary:
Staff recommends the Planning and Zoning Commission and the City Council consider
adoption of Section 41, "PD" Planned Development Overlay, and take any action
necessary.
BACKGROUND INFORMATION:
Section 40, "MXU" Mixed Use District
At Council's March 15 Workshop, Staff discussed several possible amendments to Section
40, "MXU" Mixed Use District on behalf of Fairfield Development relative to their proposed
mixed use development on the "OmniAmerican tract" at the southeast corner of Dallas
Road and South Main Street. This is an approximate 5.5 -acre tract of land bordered by
Dallas Road to the north, South Main Street to the west, and Nash Street to the south.
Fairfield had requested that Council consider amending the "MXU" District guidelines
relative to the requirement that buildings fronting on streets must be designed to
accommodate ground level retail or office uses. Fairfield proposes ground level retail along
South Main Street and residential uses along Dallas Road and Nash Street. Fairfield also
requested flexibility relative to the ten -foot "build to" line requirement for all primary
buildings and structures along public street frontages. Staff recommends amending
paragraph U.2 Flexible Design Standards to include paragraph G. General Conditions
which will allow Council to consider special circumstances in product mix, density and area
standards and exterior appearance. In addition, a portion of the Flexible Design Standards
paragraph has been removed since it is in conflict with the new "PD" Planned Development
Overlay.
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04/12/05 8:21 AM
Section 41, "PD" Planned Development Overlay
An initial draft of this new ordinance was first presented to the Planning and Zoning
Commission at a workshop on January 25. No action was taken at that time. A second
workshop was held with the City Council on March 1 and Council's recommended changes
were incorporated in the ordinance. These changes included an amended "Purpose"
statement to more directly reflect the intent of the ordinance, a maximum density relative
to any residentially zoned property, a restriction on the amount (five percent) that a
residentially zoned lot can be reduced, and a list of uses specifically prohibited within the
"PD" Planned Development Overlay. This draft was presented to Council for further
consideration at an April 4 workshop. Staff has also added a Section P. Additional
Requirements and Restrictions, that allows the Planning and Zoning Commission and the
City Council the ability to impose any additional restrictions, conditions or safeguards upon
any proposed Planned Development Overlay necessary to avoid, minimize, or mitigate the
effects of the Planned Development Overlay upon the surrounding area or to further carry
out the purpose and intent of the ordinance.
Attached for review is the final draft of the ordinance.
/rs
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04/12/05 8:21 AM
Sec, 40
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 CITY CODE, BY PROVIDING FOR
AMENDMENTS AND CHANGES TO ZONING
REGULATIONS BY AMENDING SECTION 40, "MXU" MIXED
USE DISTRICT; AND CREATION OF SECTION 41, "PD"
PLANNED DEVELOPMENT OVERLAY; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, 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 City Code
is hereby amended in the following particulars, and all other sections, subsections,
paragraphs, definitions, words and phrases of said Appendix "D" and not amended but
hereby ratified, verified, and affirmed:
A. That Section 40 "MXU" Mixed Use District is hereby amended by amending
Subsection U Flexible Standards, item 2 to read as follows:
"2. Flexible Design Standards: It is intended that the general
conditions, as well as the dimensional and design standards
set forth in Sections G, H, and M of this article be flexible in
order to encourage development in the Mixed Use District. In
some cases, Sections G, H, and M set forth limits within which
specific standards may be varied. For requests other than
those set out in Sections G, H, and M, the developer must
request a waiver from a specific standard. The Council may
approve such waiver in conjunction with its decision to
establish or amend the district in those cases where the waiver
addresses a standard applicable to the Site Plan."
B. That Appendix "D" is amended by creation of a new Section 41 "PD" Planned
Development Overlay to read as shown on attached Exhibit "A."
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) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 3. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court or 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 final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 19th day of April, 2005.
ATTEST:
ORD. NO. 2
Section 40, MXU Mixed Use District Regulations
PURPOSE: The purpose of the Mixed Use MXU District is to encourage the
mixing of residential, retail, and office uses within an urban framework which is
small in scale and compatible with adjacent developments. This section is also
intended to promote flexibility in the development process.
USES GENERALLY: In a "MXU" Mixed Use District no land shall be used and no
building shall be erected for or converted to any use other than as hereinafter
provided.
The following uses of Land are authorized as permitted uses within the Mixed
Use District, strictly in accordance with an approved Site Plan as provided for
herein below. Uses are further classified according to general categories of land
uses. To the extent expressly authorized by these district regulations, a general
use category shall be identified on a Site Plan. Upon approval of such plan, any
use appearing in the use list, which is classified under such general category, is
authorized to be established in accordance with the Site Plan, and any conditions
attached thereto.
A. PRINCIPAL USES:
il
2
Residential uses:
a. Town house/Rowhouse.
b. Multifamily uses.
Commercial uses:
a. Hotels, provided the following design criteria is met:
1 Each guestroom shall have a minimum area of 380
sq. ft.
2. A full service restaurant with full kitchen facilities and
which provides service to the general public shall be
required.
3. On-site staff is required 24 -hours a day, seven days a
week.
4. The following amenities shall be provided:
(a) A minimum of 1,000 sq. ft. of meeting or
conference room space or a ratio of 3 sq. ft of
041105 1 Section 40
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041105 2 Section 40
conference room space per guest room,
whichever is greater; and
(b) A swimming pool with a minimum area of 1,000
sq. ft.
b.
Restaurants excluding drive-ins or drive-through facilities.
1. Retail uses:
a.
Antique shop.
b.
Aquarium.
C.
Art Gallery.
d.
Bakery, retail sales only.
e.
Bank.
f.
Barber and Beauty shop.
g.
Bird and pet shops, retail.
h.
Book or stationery store.
L
Camera Shop.
j.
Candy, cigars and tobaccos.
k.
Caterer and wedding service (office only).
1.
Cleaning, dying and laundry pick-up station for receiving and
delivery of articles to be cleaned, dyed, and laundered, but
no actual work to be done on the premises.
M.
Department Store.
n.
Drug store.
o.
Electrical goods and fixtures for consumer use.
P.
Electronics store.
q.
Film developing and printing.
r.
Florist, retail sales only.
041105 2 Section 40
DRAFT COPY 04-19-05
S. Art Gallery.
t. Grocery store.
U. Hardware, sporting goods, toys, paints, wallpaper, clothing
stores.
V. Household and office furniture, furnishings and appliances,
retail sales only.
W. Jewelry, optical goods, photographic supplies.
X. Library, rental.
Y. Novelty or variety shop.
Z. Piano and musical instruments.
aa. Printing shop, retail sales only.
bb. Professional offices for architect, attorney, engineer and real
estate.
cc. Photographers and artist studios.
dd. Public garage, parking, no repairs.
ee. Retail store or shop.
ff. Seamstress, dressmaker, or tailor.
gg. Shoe repair shop.
hh. Studio for the display and sale of glass, china, art objects,
cloth and draperies.
ii. Studios, dance, music, drama.
jj. Wearing apparel, including clothing, shoes, hats, millinery
and accessories.
kk. Copy shop.
11. Movie Theater
041105 3 Section 40
DRAFT COPY 04-19-05
2. Office:
a. Civic.
b. Mixed use (with residential).
C. Mixed use (without residential).
B. ACCESSORY USES: The following uses shall be permitted as accessory
uses, strictly in accordance with an approved Site Plan as provided for
herein below:
1. Community, social, hobby or laundry facilities for use by occupants
of a development within the district.
2. Recreation space and facilities including exercise facilities and
weight rooms, tennis courts, racquetball, handball and volleyball
courts, spas and swimming pools, for use by occupants of a
development within the district.
3. Parking and parking structures.
4. Other uses customarily incidental to the permitted uses.
C. CONDITIONAL USES: The following uses may be permitted, provided
they meet the provisions of Section 48 of the Zoning Ordinance, and a
Conditional Use Permit is issued, and is strictly in accordance with an
approved Site Plan as provided herein below.
1. Day care facility.
2. Alcoholic beverage sales provided a special permit is issued in
accordance with Section 42.6 of the Zoning Ordinance.
3. Health clubs.
4. Retirement home.
5. Medical offices.
6. Banks with drive through service
D. REQUEST FOR MIXED USE DISTRICT ZONING CLASSIFICATION: The
procedure to follow to establish a Mixed Use Zoning (MXU) classification
shall be the same as that required to amend, repeal or alter the zoning on
a tract, or parcel of land as specified under Section 48 of the Zoning
Ordinance relating to Conditional Uses, except as otherwise provided for
041105 4 Section 40
herein. In the event of a conflict between Section 48 and this ordinance,
the terms of this ordinance shall take precedence. MXU zoning shall
permit development only in accordance with a Site Plan that has been
approved by the City Council. Property zoned MXU may only be used
and/or developed in accordance with its approved Site Plan. No
amendment(s) to an approved Site Plan are permitted without City Council
approval. A request to amend a Site Plan in a MXU district is a request to
re -zone the tract. Uses permitted under an approved Site Plan are only
permitted in strict accordance with the corresponding, approved Site Plan.
If the project is to be developed in phases, a proposed phasing plan that
identifies the anticipated sequence of development is required at the time
of application. The phasing plan shall delineate areas, building sites, land
use and improvements to be constructed in independent phases, and the
scheduled time frames, and sequencing of such phases.
E. SITE PLAN REQUIREMENTS: No application for a building permit for
construction of a principal building shall be approved unless:
1. A Plat, meeting all requirements of the City of Grapevine has been
approved by the City Council and recorded in the official records of
Tarrant County.
2. A Site Plan meeting the requirements of Section 47 of the Zoning
Ordinance has been approved as specified under Section 48,
Conditional Uses.
3. A Landscape Plan, meeting the requirements of Section 53 of the
Zoning Ordinance and Section N, has been approved.
F. PERIOD OF VALIDITY. No Site Plan for the Mixed Use District shall be
valid for a period longer than one (1) year from the date on which the City
Council grants approval, unless within such one (1) year period: (1) a
Building Permit is obtained and the erection or alteration of a structure is
started, or (2) an Occupancy Permit is obtained and a use commenced.
The City Council may grant one additional extension not exceeding one
(1) year, upon written application, without notice or hearing. No additional
extension shall be granted without complying with the notice and hearing
requirements for an initial application for a zone change.
Upon expiration of an MXU Site Plan, the property cannot be developed
until a change in zoning is approved by the City Council. There shall be
no vested right to uses permitted by a Site Plan under MXU upon the
expiration of the Site Plan.
041105 5 Section 40
G. GENERAL CONDITIONS: To insure that development within the "MXU"
Mixed Use District is consistent with the City's Comprehensive Master
Plan, the following special conditions shall be established:
1. Ground Level Retail: Buildings fronting on streets must be designed
to accommodate ground level retail. The ground level floor area
may be used for office uses.
2. Free Standing Retail: Free standing retail is prohibited.
3. Free Standing Banks: Free standing banks are prohibited.
4. Free Standing Movie Theaters: Free standing movie theaters are
prohibited.
5. Maximum Retail Floor Area: The maximum allowable gross floor
area per retail establishment is 5,000 square feet. Any retail
establishment greater than 5,000 square feet shall be considered a
Conditional Use.
6. Office Uses: A building which has "office" as a predominant use
shall not be permitted unless a detailed facilities study which
includes a traffic impact analysis demonstrating that the project can
be adequately supported by the utilities and transportation facilities
in a timely manner is approved by the city.
H. DENSITY AND AREA STANDARDS: The density and area standards
shall apply:
1. Maximum Lot Coverage: The combined area occupied by all main
and accessory structures shall not exceed eighty (80) percent of
the total lot area.
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a. The area of an above grade parking structure is included in
the calculations of lot coverage
b. The area of a porch or arcade fronting a public street is not
included in the calculation of lot coverage.
Minimum Density/FAR — The gross minimum density/floor area
ratio (FAR) for the Mixed Use District shall be 1.5.
Minimum Floor Area per Dwelling Unit:
a. Townhouse /Rowhouse -
b. Multifamily use:
1,600 square feet
041105 6 Section 40
1. Efficiency -
2. 1 Bedroom -
600 square feet
750 square feet
900 square feet
4. 3 Bedroom - 1,000 square feet
4 Height: Minimum and maximum height of buildings shall be:
a. Townhouse/Rowhouse —
Minimum height of 24 -feet and maximum height of 42 -feet.
b. Multifamily use —
Minimum height of 40 -feet and maximum height of 92 -feet*.
C. Hotel use —
Minimum height of 40 -feet and maximum height of 92 -feet*.
d. Retail use —
Minimum height of 40 -feet and maximum height of 92 -feet*.
e. Office use —
Minimum height of 40 -feet and maximum height of 92 -feet*.
f. Mixed use —
Minimum height of 40 -feet and maximum height of 92 -feet*.
*No building shall exceed fifty (50) feet in height unless the
additional height is set back from the setback line/build to line one
(1) additional foot for each two (2) feet of height above the 50 -foot
limit.
A turret, spire or tower may exceed maximum height of a building
provided that any such structure is no more than 15 -feet higher
than the maximum permitted height and has a floor area which is
ten percent, or less, of the ground floor area of the building of which
it is a part.
041105 7 Section 40
1, AREA REGULATIONS: The following minimum standards shall be
required:
1. Minimum Lot Width and Depth:
Use
Townhouse/ Rowhouse
Minimum Width of Lot
Feet
25
Minimum Depth of Lot
Feet
60
Multifamily use
200
200
Hotel use
200
200
Retail use
200
200
Office use
200
200
Mixed use
200
200
2. Setbacks:
a. Build -to line: The build -to line for primary buildings,
structures, walls and fences shall be ten (10) feet on all
public street frontages. Twenty-five (25) percent of any
street frontage of a building shall be located five (5) feet from
the front property line.
1. The zone between the right-of-way line and the build -
to line shall be landscaped in accordance with Section
N of this section.
2. There shall be no build-to-line/setback for temporary
buildings, structures or tents erected in accordance
with Section Q, provided sidewalks are not
obstructed.
b. Perimeter Setbacks: Primary buildings and parking
structures shall be setback from the district boundary lines a
minimum of ten (10) feet.
C. Accessory buildings and detached garages — accessory
buildings and parking structures shall be set back from lot
lines as provided below for the applicable use of the lot. The
zone between the right-of-way line and the setback line shall
be landscaped in accordance with Section N.
1. Townhouse/Rowhouse — 40 -feet from public right-of-
way
041105 8 Section 40
2. Multifamily use — same as setback for primary
buildings
3. Hotel use - same as setback for primary buildings
4. Retail use - same as setback for primary buildings
5. Office use - same as setback for primary buildings
6. Mixed use - same as setback for primary buildings
d. Overhangs and fireplaces: The minimum setback
requirements shall apply in all cases, except that fireplaces,
eaves, bays, balconies and fireproof stairways located above
the first floor may extend up to a maximum of five (5) feet
into the required setbacks.
e. Patios: Patios may not be constructed within the required
setback zones. This limitation, however, does not apply to
sidewalk cafes.
J. OPEN SPACE:
1. Land proposed to be dedicated as public open space shall be
clearly shown on the Site Plan.
2. Sufficient land for open space shall be provided in each phase of
the development to assure that the recreational needs of district
residents are satisfied, taking into consideration the nature of open
space required to serve the district, and the amount of land
previously provided, or to be provided, in conjunction with the
phase of the development.
3. In its approval of the Site Plan, the City shall impose such
conditions as deemed necessary to assure that the intent and
purpose of this section is satisfied.
K. PARKING: Off-street and on -street facilities shall be provided for
multifamily uses, hotel uses, retail uses, office uses, civic uses and mixed
uses, in accordance with this section.
1. All at -grade parking lots fronting streets designated on the
thoroughfare plan shall be set back not less then ten- (10) feet from
the right-of-way line of such roadways, and screened from view as
outlined in Section N.
041105 9 Section 40
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2. Parking garages that have frontage on public streets shall comply
with standards established in Section 1.2.b and Section N.
a. A maximum of two hundred (200) feet of frontage for parking
structures shall be allowed along any one -block.
b. Ramps shall not be placed on the face of parking structures
fronting, or visible from, public streets.
C. Steel parking garages and steel guard cables on garage
facades are prohibited.
3. Off-street below grade parking is permitted to the lot lines, but must
be designed to allow planting of landscape as defined in Section N.
4. Off-street parking spaces for the applicable use classification shall
meet the following minimum number of spaces:
a. Residential — One (1) space per bedroom to a maximum of
two (2) spaces per unit.
b. Hotel — One (1) space per hotel room plus one (1) space per
every 300 square feet of conference/banquet facilities.
C. Retail - One (1) space for every 200 square feet of gross
floor area.
d. Office — One (1) space for every 300 square feet of gross
floor area.
e. Mixed use — Number of spaces resulting from application of
ratios provided above for respective uses in the
development.
f. Conditional uses — As specified in Section X, Design
Requirements for conditional uses.
5. On -Street Parking: On -street parking within three hundred (300)
feet of the proposed use may be counted to meet the parking
requirements for retail uses and other conditional uses.
Assignment of on -street parking shall be at the time of approval of
the Site Plan and shall be allocated at the time of the Site Plan's
approval.
6. Shared Parking: Uses may join in establishing shared parking
areas if it can be demonstrated that the parking for two or more
specific uses occurs at alternating time periods. Required parking
041105 10 Section 40
shall be determined based on parking demand for the peak parking
period, as determined by a parking analysis study approved by the
Director of Development Services.
L. STREETS: All streets and blocks in the Mixed Use District shall conform
to the provisions of this section.
Street Standards: It is the intent of this ordinance to encourage
pedestrian oriented streetscapes within the Mixed Use District.
Standards for streets within the district shall be as set forth in
Appendix E, Construction Standards of the City Of Grapevine
Subdivision Ordinance. Alternate street widths and standards may
be considered at the time of application.
2. Street Type and Pattern: The types and pattern of all streets in the
district shall be in conformity with the Thoroughfare Plan for the
City. The location of streets on the Thoroughfare Plan is
approximate. Precise location of streets shall be determined in
conjunction with approval of the Site Plan. Street patterns shall be
based upon a small-scale grid system of interconnecting streets.
3. Block Length: The length of a block shall not be less than two
hundred (200) feet, or more than six hundred (600) feet.
1. Materials:
a. At least ninety (90) percent of the exterior cladding of all
exterior walls fronting or visible from public streets (including
above grade parking structures) shall be brick construction.
An applicant however may submit a design that employs
alternative construction materials for exterior cladding with
an application for a Mixed Use District designation. The
alternative may be approved by the City upon determination
that such construction will result in an appearance that is
compatible with surrounding buildings and the overall
character of the district.
1. Upon a finding that the alternative design will result in
an appearance that is compatible with surrounding
buildings and the overall character of the district,
waivers may be granted for alternatives employing a
minimum of forty (40) percent brick cladding, provided
that the ground floor of the structure (up to a height of
twelve [12] feet), is a minimum of ninety (90) percent
brick.
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b. At least eighty (80) percent of the exterior cladding of all
walls not fronting, or not visible from public ways (including
above grade parking structures) shall be brick construction,
exterior cement plaster, or a combination thereof.
C. The exterior cladding, (excluding glass), of all buildings,
(including above grade parking structures), shall be
composed of not more than three (3) materials, (excluding
roofs).
d. The following materials are prohibited as primary cladding
materials:
1. Aluminum siding or cladding.
2. Galvanized steel or other bright metal.
3. Wood or plastic siding.
4. Wood roof shingles.
5. Unfinished concrete block (architecturally finished
concrete block is permitted as a cladding material).
e. The following materials are prohibited as primary roofing
materials:
1. Wood roof shingles.
2. Composition shingles on any portion of a roof visible
from any adjacent street. Where composition
shingles are allowed, they must meet a minimum
standard of U.L. Class A fire rating and U.L. wind
rating.
2. Colors:
a. The dominant color of all buildings (including above grade
parking structures) shall be shades of red, beige, gray with
red tones (warm gray) and/or brown. Black and stark white
shall not be used. There are no restrictions on accent
colors, except that fluorescent colors are prohibited.
b. The roof colors shall be a shade of cool gray, warm gray,
brown or red.
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3. Windows:
a. Where a retail use occupies the first floor, at least seventy
(70) percent of the first floor exterior wall facing a
thoroughfare, street, boulevard or parking plaza shall be
transparent glazing.
b. The exterior wall surface of all buildings above the first floor
shall not be more than fifty (50) percent glass.
C. Glass is to be clear or tinted, not reflective.
4. Walls: Walls attached to buildings shall be developed as
architectural extensions of the buildings, constructed of the same
material and in the same style.
5. Lighting: All on-site lighting must meet the requirements of Section
55.A.5 of the Zoning Ordinance.
N. LANDSCAPE REQUIREMENTS: Landscaping within the Mixed Use
District shall comply with the provisions in this section and with the
standards contained in Section 53, Landscaping Regulations of the City of
Grapevine Zoning Ordinance. Where conflicts exist between this article
and the landscaping regulations, requirements in this article shall be
applied.
1. Street Trees: Street trees shall be large shade tree species having
a minimum caliper of three (3) inches, selected in accordance with
the city's landscape regulations.
2. Plant Material: Front yards shall be landscaped except at building
entries, seating areas, and adjacent to commercial uses, where the
front yard may be paved. Plant materials shall consist of shade
trees, ornamental trees, shrubs, evergreen ground covers, vines,
and seasonal color.
3
Paving Material:
a. Paving material in front yards and
warm toned, natural materials such
concrete.
on sidewalks shall be
as brick, stone and
b. Asphalt and gravel as paving materials are prohibited.
041105 13 Section 40
4. Parking Lot Landscape:
a. Surface parking lots shall be screened from all adjacent
public streets and neighboring sites. The screen must
extend along all edges of the parking lot and must be three
(3) feet in height, eighty (80) percent opaque, and may be
accomplished through the use of masonry walls, ornamental
metal, evergreen plant materials, or a combination thereof.
Planting beds for screen planting shall be a minimum of
three (3) feet in width.
b. Interior parking lot landscaping shall be consistent with
Section 53, Landscape Regulations of the City of Grapevine
Zoning Ordinance.
C. Parking spaces shall not exceed twelve (12) spaces in a row
without being interrupted by a landscaped island (nine -foot
minimum). Islands shall be planted with a minimum of one
shade tree per every twelve (12) cars.
O. Screening:
1. Mechanical equipment shall be screened from view of all public
roadways and located to minimize noise intrusion off the lot. The
required screening must be composed of the same exterior
materials as the buildings on the lot, or through the use of masonry
walls, ornamental fence (eighty [80] percent opaque), evergreen
landscape material, or combination thereof.
2. Loading, service and trash storage areas shall be screened from all
public roadways. Refuse containers must be placed on a designed,
reinforced concrete pad and approach. The required screening
must be composed of the same exterior materials as the buildings
on the lot.
3. All roof -mounted mechanical elements must be screened from view
of the public right-of-way and neighboring properties. Screening
must be architecturally compatible with the building design.
P. SIGNS: Signage within the Mixed Use District shall comply with the
provisions in this section and with the standards contained in Section 60,
Sign Standards of the City of Grapevine Zoning Ordinance. Where
conflicts exist between this article and the Sign Standards, requirements in
this article shall be applied.
1. Functional/Structural Types Permitted:
041105 14 Section 40
The following permitted functional uses shall be limited to the
associated structural types of signs:
a. Nameplate Signs:
1. Wall
b. On -Premise Signs:
1. Wall signs
2. Awning, canopy, marquee
3. Projecting
4. Portable sandwich board
C. Real Estate Signs:
1. Wall
2. Number Of Signs Permitted:
a. Nameplate: One (1) per storefront.
b. On -Premise Signs: Awning, canopy, marquee, and either
one (1) wall sign per each individual wall for each lease
space or one (1) projecting sign per storefront.
C. Real Estate: One (1) per storefront.
3. Maximum Gross Surface Area:
a. Nameplate: Two (2) square feet.
b. Projecting Signs: Twenty-five square feet.
C. Real Estate: Thirty-two (32) square feet.
d. Wall Signs: Fifteen (15) percent of the wall.
e. Awning, Canopy and Marquee: Twenty-five (25) percent of
the awning, canopy or marquee.
4. Maximum Height: No sign shall protrude above the roof or eave
line of the principal structure. Projecting signs shall be a minimum
of eight (8) feet above sidewalk grade and shall not protrude above
the roof or eave line of the principal structure.
5. Illumination: Illuminated signs are permitted for nameplate and on -
premise signs only.
041105 15 Section 40
DRAFT COPY 04-19-05
Q. OUTSIDE SALES AND/OR COMMERCIAL PROMOTIONS:
1. Any temporary outside sales shall be required to obtain a permit
and be subject to the requirements of this section.
2. Temporary outside sales may be permitted for a period of fourteen
(14) days each calendar year with a maximum two (2) permits
allowed per calendar year, providing such goods, products or
merchandise is displayed on a sidewalk within ten (10) feet of the
business building.
3. Temporary outside sales shall be deemed to include merchandise -
dispensing units placed adjacent to, and outside of, a business
building.
4. In order to qualify for a permit, the applicant must:
a. Provide a plan showing the location of the outside display.
b. Provide the City with a Site Plan showing location(s) of all
tents (if applicable). Submit documentation showing
compliance with all building and fire codes including, but not
limited to, flame spread certificate(s).
C. Provide a map, plan, or drawing to indicate adequate off-
street parking for patrons, employees and delivery trucks;
such map, plan or drawing should also indicate that no fire
lanes, streets or other public rights-of-way will be blocked as
a result of the sale or promotion.
d. If food is served, provide food service facilities in accordance
with the Grapevine food and food establishment ordinance.
e. Provide for adequate trash and waste removal and cleanup
of the area.
f. Comply with all other reasonable conditions imposed by the
City.
R. OUTSIDE STORAGE OR OUTSIDE DISPLAY: Except for the equipment
and/or the materials stored on a construction site and used for a
temporary construction project, the outside storage or outside display of
equipment, building and/or other materials, goods and products shall be
prohibited within the district, with the exception of outside dining shown on
an approved Site Plan.
041105 16 Section 40
DRAFT COPY 04-19-05
S. PATIOS AND BALCONIES: Balconies and patios facing public streets
shall not extend beyond the build -to -line except as permitted in Sections
1.2.d and 1.2.e.
T. DESIGN GUIDELINES: From time to time, the City may develop and
amend design guidelines, which shall be approved by resolution of the
City Council, as an aid to implementation of this article. Such guidelines
shall be used by the City to assist decision -makers in interpreting
standards applicable to development within the Mixed Use District.
U. FLEXIBLE STANDARDS
1. Alternative Uses or Phases: In order to encourage an integrated
development pattern of mixed uses over time within the district, it is
understood that flexibility in the development of phases or sites
may be necessary. Whenever an applicant of a Mixed Use District
proposes alternative land uses or phases of an approved Mixed
Use District, such alternative uses or phases shall be incorporated
in a zoning amendment to the Mixed Use District. The zoning
amendment for alternative land uses or phases shall follow the
same procedures established in Section D, REQUEST FOR A
MIXED USE DISTRICT ZONING CLASSIFICATION. In no case,
however, may the Council approve an alternative use not allowed
within Sections A, B and C of the Mixed Use District.
2. Flexible Design Standards: It is intended that theeg neral
conditions, as well as the dimensional and design standards set
forth in Sections G H and M of this article be flexible in order to
encourage development in the Mixed Use District. In some cases,
Sections G H and M set forth limits within which specific standards
may be varied. For requests other than those set out in Sections
G. H and M, the developer must request a waiver from a specific
standard. The Council may approve such waiver in conjunction
with its decision to establish or amend the district in those cases
where the waiver addresses a standard applicable to the Site Plan.
Mixed Use DiStFiGt. Additionally, a waiver to Sertion 0, SGFeeningi
X, De6ign RequiFernents may not be ap7py—wved.
1. Procedure: An application for a waiver to a development standard
authorized under Section U of this article must be made by a
property owner, lessee, or contract purchaser at the time of
submission of an application to establish a "MXU" Mixed Use
041105 17 Section 40
District. A contract purchaser or lessee must file with the
application, a copy of the contract, or lease, or other form of written
statement containing the property owners endorsement of the
application. The application shall be filed in duplicate with
Department of Development Services on forms provided by the
City. Upon a determination that the waiver application is complete,
the Director of Development Services shall forward the request to
the Planning and Zoning Commission and the City Council for
decision in conjunction with its decision on the application to
establish a Mixed Use District.
2. Standards for Granting Waiver: The Planning and Zoning
Commission in making its recommendations, and the City Council
in deciding whether to grant the request for waiver, shall determine
that the following standards are met:
a. The waiver for the specific development site is in harmony
with the policies in the Comprehensive Master Plan.
b. The waiver is in harmony with the general purpose and
intent of this article and the zoning ordinance.
C. The waiver shall not adversely affect the use of neighboring
property, and the public's use and enjoyment of public areas,
in accordance with the provisions of this article.
d. The waiver is in conformity with the approved Site Plan.
3. Conditions: In granting a waiver to a development standard
authorized under Section U of this article, the Planning and Zoning
Commission may recommend, and the City Council may impose
such conditions and safeguards as it deems necessary to insure
harmony with the general purpose and the intent of this article. Any
such condition shall be satisfied as a condition precedent to
issuance of a certificate of occupancy for the development to which
the waiver applies.
4. Lapse of Waiver: A waiver granted under this section shall lapse
with the lapse of the approved Site Plan or amendment to the
"MXU" Mixed Use District, in accordance with Section F of this
article.
W. AMENDMENTS OF A SITE PLAN
General Requirement: Amendments of any Site Plan shall be made in
accordance with the procedure required for approval of the initial plan.
041105 18 Section 40
Amendments to a Site Plan shall be considered amendment to the "MXU"
Mixed Use Zoning District.
X. DESIGN REQUIREMENTS
1. Day Care Facility:
a. Freestanding day care facilities shall not be permitted.
b. Day care facilities shall only be permitted on the ground floor
level.
C. Maximum allowable size for a day care facility shall be 5,000
square feet.
d. Parking for a day care facility shall be provided at a minimum
ratio of one (1) space per every ten (10) students.
2. Restaurant: A restaurant may be permitted in the Mixed Use District
as a conditional use, subject to the following requirements:
a. Freestanding restaurants shall not be permitted.
b. Drive-through restaurants shall not be permitted.
C. Maximum allowable size for a restaurant shall be 7,000
square feet.
d. Required parking shall be provided at a ratio of one (1)
parking space for every 70 square feet of gross floor area.
3. Outdoor Seating Area: Outdoor seating (i.e. side walk cafes) may
be permitted in the Mixed Use District subject to the following
requirements:
a. Preparation of food outside is prohibited.
b. Food service facilities must be provided in accordance with
the Grapevine food and food establishment ordinance.
C. Adequate trash and waste removal and cleanup of the area
must be provided.
4. Health Clubs:
041105 19 Section 40
a. The maximum allowable size for a health club in the Mixed
Use District is 10,000 square feet, unless the club entrances
are directly adjacent to required parking.
b. Parking shall be provided at a ratio of one (1) space per
every three (3) people, maximum occupancy capacity.
5. Medical Office:
a. Freestanding medical office buildings are not permitted.
b. Maximum allowable size for a medical office is 3,000 square
feet.
C. Parking shall be provided at a ratio of one (1) space per
every two hundred (200) square feet.
041105 20 Section 40
VRAFT COPY 04-19-05
Section 41. "PD" Planned Development Overlay
PURPOSE: The "PD" Planned Development Overlay is a planning tool that
should be utilized to improve property with a goal of establishing unique as well
as modern urban development in situations where strict adherence to standard
zoning criteria inhibits the creative process. It should be utilized to create
compatible land uses within urbanized areas and generate the appropriate
criteria necessary to enable the development of land that is unlikely to occur
given the standards established in other zoning districts. Care should be given to
ensure that development under this section in no way negatively impacts the
health, safety, and welfare of the general public. The discretionary oversight
granted in this section shall allow the Planning and Zoning Commission and the
City Council the ability to establish standards and impose conditions upon such
requests to mitigate or eliminate potentially adverse effects upon the community
or upon properties within the vicinity of the proposed use. Designation under this
section shall not affect the underlying zoning of the property except as provided
in the ordinance establishing the overlay.
GENERAL GUIDELINES: All uses—permitted, accessory, and conditional
relative to a request for the creation of a "PD" Planned Development Overlay
shall be initially established by the underlying zoning district. In situations where
there is a need to deviate from the established guidelines in the underlying
zoning district relative to permitted, accessory or conditional uses and/or general
development criteria i.e. density requirements, area requirements etc., the
applicant shall present to the Planning and Zoning Commission and the City
Council the special circumstances that inhibit the development of property strictly
utilizing the standards designated in the underlying zoning district and the criteria
that will differ from that established in the underlying zoning district.
APPLICATION FOR ESTABLISHING A "PD" PLANNED DEVELOPMENT
OVERLAY: An application for a "PD" Planned Development Overlay shall be filed
with the Director of Development Services which shall be forwarded to the
Planning and Zoning Commission and the City Council. The application shall
contain a Site Plan as stated in Section 47, Site Plan Review, with the following
information as well as any additional information as may be required by the
Planning and Zoning Commission, City Council, 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 owners signed consent to the filing of the application.
3. The street address and legal description of the property.
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041205 Section 41
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4. The zoning classification and present use of the subject property.
5. A general description of the proposed "PD" Planned Development
Overlay.
6. A statement or diagram detailing the area or areas of the zoning
ordinance that will be varied from and the conditions present that
require deviation from the established standards.
7. A statement as to why the proposed "PD" Planned Development
Overlay 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 "PD" Planned Development
Overlay 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.
HEARING ON THE "PD" PLANNED DEVELOPMENT OVERLAY APPLICATION:
A public hearing on the application shall be held and notice thereof given in the
manner and form required as set out in Section 67, Amendments of this
ordinance unless the Director of Development Services or the Planning and
Zoning Commission determines that the application is incomplete.
STANDARDS: The following standards may be considered by the Planning and
Zoning Commission and the City Council in determining whether a "PD" Planned
Development Overlay should be established:
That the proposed "PD" Planned Development Overlay will be
consistent with the adopted policies in the Comprehensive Master
Plan of the City of Grapevine.
2. That the proposed "PD" Planned Development Overlay 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 "PD" Planned Development Overlay 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 "PD" Planned
Development Overlay will so dominate the immediate
neighborhood, consideration shall be given to:
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041205 Section 41
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 "PD" Planned Development Overlay at the
specified location will contribute to or promote the welfare or
convenience of the public.
5. That adequate access roads or entrance and exit drives will be
provided and will be designed so as to prevent trafl•ic hazards and
to minimize traffic congestion in public streets and alleys.
6. That the proposed "PD" Planned Development Overlay 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 Overlay will provide adequately for such
services.
7. That the proposed "PD" Planned Development Overlay will not
result in the destruction, loss or damage of any natural, scenic or
historic feature of significant importance.
8. That the proposed "PD" Planned Development Overlay will comply
with any additional standards imposed on it by the particular
provision of this Ordinance authorizing such use.
9. That the proposed "PD" Planned Development Overlay 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.
10. That the benefits of the proposed "PD" Planned Development
Overlay 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.
11. That all alternative sites and all reasonable means for meeting the
projected need or demand for the proposed building, structure,
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041205 Section 41
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.
12. That the proposed "PD" Planned Development Overlay is
consistent with prior plans, master 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.
13. For those requests to establish a "PD" Planned Development
Overlay based on the residential zoning districts: "R-20" Single
Family District, "R-12.5" Single Family District, "R-7.5" Single
Family District and "R-5.0" Zero Lot Line District, the requirement
for a Site Plan shall be waived and a survey or subdivision plat
shall suffice. The following zoning districts are not permitted to be
utilized for the establishment of a "PD" Planned Development
Overlay: "R -MH" Manufactured Home District, "R-MODH" Modular
Home District, "PRD -6" Planned Residential Low Density District,
and "PRD -12" Planned Residential Medium Density District.
PERIOD OF VALIDITY: No Site Plan for a "PD" Planned Development Overlay
shall be valid for a period longer than one year from the date on which the City
Council grants approval, unless within such one year period: (a) a Building
Permit is obtained and the erection or alteration of a structure is started, or (b) an
Occupancy Permit is obtained and a use commenced. The City Council may
grant one additional extension not exceeding one 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 as
required in Section 67, Amendments. Upon expiration of a Site Plan approved in
conjunction with the establishment of a "PD" Planned Development Overlay, the
property will revert to the underlying zoning district designation and all uses and
the general development guidelines as stated in the district shall apply. There
shall be no vested right(s) associated with an expired site plan approved in
conjunction with a "PD" Planned Development Overlay.
A. PRINCIPAL USES:
1. All principal uses established in the underlying zoning district.
When varying from the uses within the underlying zoning district the
applicant shall provide an amended list of permitted uses and the
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041205 Section 41
FNJR!1110�
conditions necessary for the change in standards from the
underlying zoning district.
B. ACCESSORY USES:
All accessory uses established in the underlying zoning district.
When varying from the uses within the underlying zoning district the
applicant shall provide an amended list of accessory uses and the
conditions necessary for the change in standards from the
underlying zoning district.
C. CONDITIONAL USES:
1 All conditional uses established in the underlying zoning district.
When varying from the uses within the underlying zoning district the
applicant shall provide an amended list of conditional uses and the
conditions necessary for the change in standards from the
underlying zoning district.
D. LIMITATION OF USES: Uses prohibited shall be those uses specifically
prohibited within the underlying zoning district. The following uses are
expressly prohibited within a "PD" Planned Development Overlay and
cannot be established as a permitted, conditional, or accessory use under
any circumstances:
1. Freight forwarding warehouses
2. Outside storage of material/equipment
3. Retail establishments for used car sales and service
4. Hotel/motel with a minimum room count less than 300 rooms
5. Commercial parking lots
6. Automotive repair garages
7. Salvage/wrecking yards
8. Retail sales of building material displayed in an unenclosed or
incompletely enclosed area with outside storage
9. Those uses specifically designated in paragraph D. Limitation of
Uses in Section 31, "Ll" Light Industrial District
10. Off-premise/billboard signage
11. Pawn shops
12. All uses listed in Section 49, Special Uses
13. Bed and Breakfast
E. DENSITY REQUIREMENTS: Requirements associated with maximum
density, lot size, minimum open space, maximum building coverage, and
maximum impervious coverage shall be initially established by the
underlying zoning district. When varying from the guidelines within the
underlying zoning district the applicant shall provide the method for
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041205 Section 41
establishing the new standards and the conditions necessary for the
change in standards from the underlying zoning district. The maximum
density for a "PD" Planned Development Overlay District associated with
any underlying residential zoning district shall not exceed that established
in the underlying zoning district except for the "R -MF -2" Multifamily
District. Lot size for any residentially zoned district may be reduced no
more than five (5) percent.
F. AREA REGULATIONS: Requirements associated with lot width, lot depth,
front yard setback, side yard setback, rear yard setback, and distance
between buildings shall be initially established by the underlying zoning
district. When varying from the guidelines within the underlying zoning
district the applicant shall provide the method for establishing the new
standards and the conditions necessary for the change in standards from
the underlying zoning district.
G. BUFFER AREA REGULATIONS: Requirements associated with the
establishment of a buffer area shall be initially established by the
underlying zoning district. When varying from the guidelines within the
underlying zoning district the applicant shall provide the method for
establishing the new standards and the conditions necessary for the
change in standards from the underlying zoning district.
H. HEIGHT REQUIREMENTS: Requirements associated with the height of
structures shall be initially established by the underlying district. When
varying from the guidelines within the underlying zoning district the
applicant shall provide the method for establishing the new standards and
the conditions necessary for the change in standards from the underlying
zoning district.
I. LANDSCAPING REQUIREMENTS: Requirements associated with
landscaping shall be initially established in accordance with Section 53,
Landscaping Regulations of the zoning ordinance. When varying from the
guidelines within Section 53, Landscaping Regulations, the applicant shall
provide the method for establishing the new standards and the conditions
necessary for the change in standards from those established.
J. MASONRY REQUIREMENTS: Requirements associated with masonry
shall be initially established in accordance with Section 54, Masonry
Requirements of the zoning ordinance. When varying from the guidelines
within Section 54, Masonry Requirements, the applicant shall provide the
method for establishing the new standards and the conditions necessary
for the change in standards from those established.
K. OFF-STREET PARKING REQUIREMENTS: Requirements associated
with off-street parking shall be initially established in accordance with
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041205 Section 41
FITNUAIIA9012TA
1113"• t
Section 56, Off -Street Parking Requirements and Section 58, Parking,
Loading, and Outside Storage Area Development Standards of the zoning
ordinance. When varying from the guidelines within these Sections the
applicant shall provide the method for establishing the new standards and
the conditions necessary for the change in standards from those
established.
L. OFF-STREET LOADING REQUIREMENTS: Requirements associated
with off-street loading shall be initially established in accordance with
Section 57, Off -Street Loading Requirements of the zoning ordinance.
When varying from the guidelines within Section 57, Off -Street Loading
Requirements, the applicant shall provide the method for establishing the
new standards and the conditions necessary for the change in standards
from those established.
M. DESIGN REQUIREMENTS: When applicable, design requirements shall
be initially established by the underlying zoning district. When varying
from the guidelines within the underlying zoning district the applicant shall
provide the method for establishing the new standards and the conditions
necessary for the change in standards from the underlying zoning district.
N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: When
applicable, the design requirements associated with planned commercial
centers shall be initially established by the underlying zoning district.
When varying from the guidelines within the underlying zoning district the
applicant shall provide the method for establishing the new standards and
the conditions necessary for the change in standards from the underlying
zoning district.
O. SIGN STANDARDS: On -premise signage shall be provided in accordance
with Section 60, Sign Standards of the zoning ordinance.
P. ADDITIONAL REQUIREMENTS AND RESTRICTIONS: In granting a "PD"
Planned Development Overlay, the Planning and Zoning Commission may
recommend, and the City Council may impose such conditions,
safeguards and restrictions upon the premises benefited by the Planned
Development Overlay as may be necessary to comply with the standards
set out in Section 41 Standards of this Ordinance to avoid, or minimize, or
mitigate any potentially injurious effect of such Planned Development
Overlay 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 Planned Development Overlay.
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041205 Section 41