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HomeMy WebLinkAboutItem 06 - MXU Mixed Use District TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION�a� FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: AUGUST 17, 2010 SUBJECT: ZONING ORDINANCE AMEMDMENT AM10-05 RELATIVE TO SECTION 40, "MXU" MIXED USE DISTRICT RECOMMENDATION: Staff recommends the City Council and the Planning and Zoning Commission consider the proposed amendment to the zoning ordinance relative to Section 40, "MXU" Mixed Use District, and take any other action necessary. BACKGROUND INFORMATION: At the October 14, 2009, December 15, 2009 and January 19, 2010 Commission workshop meetings, discussions were held relative to text changes to Section 40, "MXU" Mixed Use District, and defining a boundary area for the district. In general, the following amendments were proposed by the Commission: • Revision of the Purpose statement to better clarify the use of the district • ' Establishing a geographic boundary within which rezoning requests to "MXU" Mixed Use District must be relegated • Requiring a minimum of two of the three standard components of mixed use, i.e. residential, retail, and office, within a development • Requiring a residential component within a mixed use development and establishing a minimum percentage of this residential component • For projects that propose a hotel in addition to the required residential component, a third component, e.g., retail or office, will also be required • Free standing restaurants, retail, and movie theaters to be considered as conditional uses • Adding "governmental uses" to the list of civic uses allowed in the Principal Uses section • More clearly declaring the residential nature of items 1 and 2 in the Accessory Uses section • Removing paragraph G. General Conditions from paragraph U. Flexible Standards A joint work session between the Council and Planning and Zoning Commission was held on June 15, 2010 to further discuss the proposed changes and to receive input from the Council relative to these changes. Discussion at that work session primarily centered on redefining the boundary area in which the district could be requested. A brief discussion was also held R:IAGENDA108-17-1 01AM10-05.4.doc 1 81101201011:23:41 AM relative to more clearly stating the parking requirements for the district and the height of structures in the district when located adjacent to or near established residential property. A statement was added to paragraph K. Parking, further clarifying that the guidelines contained with the "MXU" Mixed Use District are those that apply. No changes to the height requirements were proposed during the joint work session given that the redefined boundary area may not be near any established residential areas. A subsequent Planning and Zoning Commission work session was held on July 6 to further discuss and recommend changes to the Mixed Use District guidelines. In particular, the following changesla mend ments were proposed by the Commission: • Reduce the minimum square footage requirement for townhomes to 1,200 rather than the 1,600 square feet stated in the district to match that required in the "R-TH" Townhouse District regulations • Elimination of minimum height requirements for all categories within the district • Require a conditional use permit for all free-standing single use structures • Develop wording to require additional separation for structures adjacent to existing residential uses • Allow on-street parking to count towards a uses required parking total only if it is adjacent/contiguous to the use in question. Given the scope of the changes proposed and the need to further continue the discussion on defining a geographic boundary for which a request to rezone property to the MXU District can be considered, the Commission recommended the district be temporarily deleted from the zoning ordinance in its entirety until it is completed. Irs R:IAGENDA108-17-1 01AM10-05.4.doc 2 8/10/2010 11:23:41 AM ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL 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 DELETING SECTION 40, "MXU" MIXED USE DISTRICT IN ITS ENTIRETY; 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. 8273, 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 Regulations is hereby deleted in its entirety. Section 2. That 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. That 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. That 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 17th day of August, 2010. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 2