HomeMy WebLinkAboutWS Item 01 - Mixed Use Development � � ����� � �..._.�_. - - ��� '�-
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUM�ELOW, CITY MANAGER��
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECT4R
MEETING DATE: JUNE 15, 2010
SUBJECT: WORKSHOP ITEM—DISCUSSION RELATIVE TO CHANGES AND
AMENDMENTS TO SECTION 40, "MXU" MIXED USE DISTRICT
RECOMMENDATI � N:
Staff recommends the City Council and Planning and Zoning Commission consider the
amendments to Section 40, "MXU" Mixed Use District and the attached map relative to
defining the district boundary area, and take any other action necessary.
BACKGROUND IN ORMATION:
At the October 14, 009, 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 definin� a boundary area for the district. In general, the following amendments
were proposed by��he Commission:
• Revision of �he Pur ose Statement to c(ari the use of the district.
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• Establishin a geographic boundary within which rezoning requests to "MXU" Mixed
Use District ust be relegated.
• Requiring a minimum of two of the three standard components of mixed use (i.e.
residential, �etail, and office) within a development.
• Requiring a residential component within a mixed use development and establishing
a minimum � ercentage of this residential component.
• For project that propose a hotel in addition to the required residential component, a
third compo ent, e.g., retail or office, will also be required.
• Free standi g restaurants, retail, and movie theaters to be considered as conditional
uses.
• Adding "go ernmental uses" to the list of civic uses allowed in the Principal Uses
section.
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• 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
Staff recommends the Council and Commission thoughtfully consider the attached amended
ordinance and map exhibit, and be prepared to discuss any additional changes or
amendments deemed necessary, as well as establish the boundary area for the district.
/rs
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Section 40, MXU Mixed Use District Regulations
PURPOSE: The purpose of the Mixed Use MXU District is to er�se�e create
an environment that.compels the mixing of residential, retail, and office uses
within an urban framework which is small in scale and compatible with adjacent
developments within an qeoqraphical area bounded bv Northwest Hiqhwav
to the north, Hanover Drive to the south, Texan Trail/Minter's Chapel Road
to the east, and Ball Street/South Main Street to the west. T";� �o^+;^^ ;�
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USES GENERALLY: In a "MXU" Mixed Use District no land shall be used and no
building shall be erected for or converted to any use other than as hereinafter
provided. A request for a chanqe in zoninq to "MXU" Mixed Use District
shall contain a minimum of two components of the standard residential,
retail, and office elements of a tvpical mixed use development. Whether
developed as a sinqle structure or part of a development containinq
multiple structures, a minimum of twentv (20%) of the mixed use
development shall be residential in nature and a minimum of twentv (20%)
of the development shall be non-residential. This shall be calculated bv
" � , determininq the net square footaqe of each component as a percentaqe of
,� the entire development as a whole. Above qround parkinq structures shall
be eliminated from this calculation. �,For mixed use prolects developed in
multiple phases, the initial phase shall contain a residential component.
For mixed use pro�ects that contain both a residential component and a
hotel component as part of the initial phase of development, a third
component, e.q. retail or office, shall also be reQuired. A Certificate of
Occupancv shall not be issued for a residential component or hotel
component prior to the issuance of a certificate occupancv for another �
reQuired component of the district.
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The following uses of Land are authorized as permitted uses within the Mixed
Use District, strictly in accordance with an approved Site Plan as provided for
herein below. Uses are further classified according to general categories of land
uses. To the extent expressly authorized by these district regulations, a general
use category shall be identified on a Site Plan. Upon approval of such plan, any
use appearing in the use list, which is classified .under such general category, is
- authorized to be established in accordance with the Site Plan, and any conditions
attached thereto.
A. PRINCIPAL USES:
1. Residential uses:
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a. Townhouse/Rowhouse.
b. Multifamily uses.
2. Commercial uses:
a. Hotels, provided the following design criteria is met:
1. Each guestroom shall have a minimum area of 380
square feet.
2. A full service restaurant with full kitchen facilities and
which provides service to the general public shall be
required.
- 3. On-site staff is required 24-hours a day, seven days a
week.
4. The following amenities shall be provided: _
(a) A minimum of one thousand (1,000) square _�
foot. of ineeting or conference room space or a
� ratio of three (3) square foot of conference
room space per guest room, whichever is
greater; and
(b) A swimming pool with a minimum area of (one
thousand (1,000) square foot.
b. Restaurants excluding_drive-ins or drive-through facilities.
3. Retail uses:
a. Antique shop.
b. Aquarium sho .
c. Art Gallery.
d. Bakery, retail sales only.
e. Bank. , ` ,
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f. Barber and Beauty shop.
g. Bird and pet shops, retail.
h. Book or stationery store.
i. Camera Shop.
j. Candy, cigars and tobaccos.
k. Caterer and wedding service (office only). _
I. 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.
,-� -
t� � o. Electrical goods and fixtures for consumer use.
� p. Electronics store.
q. Film developing and printing.,
r. Florist, retail sales only.
s. Art Gallery.
�� t. � Grocery store.
u. Hardware, sporting goods, toys, paints, wallpaper, clothing
stores.
v. Household and office furniture, furnishings and appliances,
retail sales only. -
w. Jewelry, optical goods, photographic supplies.
x. Library, rental.
, y. Novelty or variety shop. �
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z. Piano and musical instruments.
aa. Printing shop, retai) sales only.
bb. Professiona! 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. 5eamstress, dressmaker, or tailor.
. gg, 5hoe repair shop.
hh. 5tudio #or the display and sale of glass, china, art objects,
c(oth and draperies. -' '�
ii. Studios, dance, music, drama.
jj. Vi/earing apparef, inclucling clothing, shoes, hats, millinery
and accessories.
kk. Copy shop.
{!. Movie Thea#er
mm. Retail saies of secand hanc4 goods in an enclosed� building
provided the space does not exceed 3,QOQ (three thousand
square feet in area.
4. Office
5. Civic uses, to include such uses as tibt-aries, police and fire _
stations and ather municipailqovernmentai uses.
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B. ACCESSORY USES: The foliowing 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 residential
occupants of a residential 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 residential.occupants
of a development within the district. .
3. Parking and parking structures.
4. Other uses customarily incidental to the permitted uses.
C. CONDITIONAL USES: The following uses may be permitted, provided
they meet the provisions of Section 48 of the Zoning Ordinance, and a
Conditional Use Permit is issued, and is strictly in accordance with an
- approved Site Plan as provided herein below.
1. Day care facility.
� 2. Alcoholic beverage sales provided a special permit is issued in
accordance with Section 42.B of the Zoning Ordinance.
3. Health clubs. - �
4. Retirement home.
5. Medical offices.
6. Banks with drive through service. -
7. Retail sales of secondhand goods in an enclosed building where
the size of the space exceeds 3,000 (three thousand square feet in
area. -
,
8. Any use allowed within this district with outdoor speakers.
°9. Free standinq restaurants.
10. Free standinq retail structures.
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'i 1. Free standinq movie theaters.
12. Outdoar seatinq areas.
D. REQUEST FOR M(XED USE DISTRICT ZONING CLASSIF(CAT1�N: The
procedure to follow to estab(ish a Mixed Use Zoning (MXU) c(assification
sha(( be the same as that required fo amend, repea( ar a(ter the zoning on
a trac�, or parce( of iand as specified under Secfian 48 of the Zoning
Ordinance reiating to Conditiona( Uses, except as otherwise provided for
herein. In the event of a confiict between Section 48 and this ordinance,
the terms af this ordinance shall take precedence. MXU zaning shall
permit developmen# 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 appraved Site Pfan are only
permitted in strict accordance with the corresponding, approved Site Plan.
If the project is ta be developed in phases, a proposed phasing plan that
identifies the anticipa#ed 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. SlTE PLAN REQUlREMENTS: No application for a building permit for
construction of a principa! building sha!! be approved unless:
1. A Plat, meeting a!1 requirements. of the City of Grapevine has beert
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appraved by the City Counci! and recorded in ttie offcia! records of
Tarrant County.
2. A Site Plan rneeting the requirements of Sectian 47 of the Zoning
Qrdinance has been approvec! as specified under Section 48,
Conditiana! Uses.
3. A Landscape Plan, meeting the requirements of Section 53 of the
Zoning Ordinance and 5ection N, has been approved.
F. PERlOD QF VAL.ID{TY. No Site Plan for the Mixed Use District shal! be
valid far a period longer than one (1} year from the date on which the City
Counci! grants approval, unless within such one (1) year p�riod: (1} a �
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� Building Permit is obtained and the erection or alteration of a structure is
started, or (2) an Occupancy Permit is obtained and a use commenced.
The City Council may grant one additional extension not exceeding one
(1) year, upon written application, without notice or hearing. No additional
extension shall be granted without complying with the notice and hearing
- requirements for an initial application for a zone change.
Upon expiration of an MXU Site Plan, the property cannot be developed
until a change in zoning is approved by the City Council. There shall be
no vested right to uses permitted by a Site Plan under MXU upon the
expiration of the Site Plan.
G. GENERAL CONDITIONS: To insure that development within the "MXU"
Mixed Use District is consistent with the City's Comprehensive Master
Plan, the following special conditions shall be established:
1. Ground Level Retail: Buildings fronting on streets must be designed
to accommodate ground level retail. The ground level floor area
may be used for office uses.
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2.� Maximum Retail Floor Area: The maximum allowable gross floor
area per retail establishment is 5,000 square feet. Any retail
establishment greater than.5,000 square feet shall be considered a
Conditional Use.
3.6: Office Uses: A building which has "office" as a predominant use
shall not be permitted unless a detailed facilities study which
includes a traffic impact analysis demonstrating that the project can
be adequately supported by the utilities and transportation facilities
" in a#imely manner is approved by the city.
H. DENSITY AND AREA STANDARDS: The density and area standards
shall apply:
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1. Maximum Lot Coverage: The combined area occupied by all main
and accessory structures shali not exceed eighty (80) percent of
the total lot area.
a. The area of an above grade parking structure is inciuded in
the calculations of lot coverage �
b. The area of a porch ar arcade fronfing a pubiic street is not
included in the calculation of lot coverage.
2. Minimum Density/FAR — The gross minimum density/floor area
ratio (FAR) for the Mixed Use District shall be �.5.
3. Minimum Floor Area per Dwelling Unit:
a. Townhouse/Rowhouse - 1,600 square feet
b. Multifamily use:
1. Efficiency - 600 square feet �
2. 1 .Bedroom - 750 square feet
3. 2 Bedroom - 900 square feet
4. 3 Bedroom - 1,pQQ square feet
4. Height: Minimum and maximum height of buildings shall be:
a. TownhouselRowhouse—
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Minimum height o#24-feet and maxirnum heighf of 42-feet,
b. Multi#amily use —
� Minimum height o#40-feet and maximum height of 92-feet*.
c. Hotel use—
Minimum heigh#of 40-feet and maximum height of 92-feet*.
d. Retai! use—
Minimum height of 4Q-feet and maximum height o#92-fee#*. '
e. Office use— -
Minimum height af 4Q-teet and maxirnum height of 92-feet*_ ' '
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f. Mixed use — -
Minimum height of 40-feet and maximum height of 92-feet*.
*No building shall exceed fifty (50) feet in height unless the
additional height is set back from the setback line/build to line one
(1) additional foot for each two (2) feet of height above the 50-foot
limit.
A turret, spire or tower may exceed maximum height of a building
provided that any such structure is no more than 15-feet higher
than the maximum permitted height and has a floor area which is
ten percent, or less, of the ground floor area of the building of which
it is a part. ,
I. AREA REGULATIONS: The following minimum standards shall be
required: �
1. Minimum Lot Width and Depth:
i �
Use Minimum Width of Lot Minimum Depth of Lot
Feet (Feet
Townhouse/ Rowhouse 25 60
Multifamil use 200 200
Hotel use 200 200
Retail use 200 200
- Office use 200 200
Mixed use 200 200
. 2. Setbacks:
a. Build-to line: The build-to line for primary buildings,
structures, walls and fences shall be ten (10) feet on all
public street frontages. Twenty-five (25) percent of any
street frontage of a building shall be located five (5) feet from
the front property line.
- 1. The zone between the right-of-way line and the build-
to line shall be landscaped in accordance with Section
N of this section.
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2. There shall be no build-to=line/setback for temporary
bui(dings, 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 shafl be sef back from lot
lines as pravided belaw for the applicable use of the lot. The
zone between the right-of-way line and the setback line shall
be landscaped in accordance with Section N.
1. Townhouse/Rowhouse — 40-feet from public right-of-
way
2. � Multifamily use — same as setback for primary
buildings
3. Hote! use - same as�etback 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 setbacic for primary buildings
d. Qverhangs and_ fireplaces:_ The minimum setback
requirements shall apply in al( cases, except #hat fireplaces,
eaves, bays, balconies and fireproof s#airways located above
the first floor may eactend up to a maximum of five (5} feet
into #he required setbacfcs.
e. Patios: Patios may not be constructed within the required
setback zones. This iimitation, however, does not apply to
sidewalk cafes.
J. OPEN SPACE: �
9. Land proposed #a be dedicated as public open space shall be �
clearly shown on the Site Pfan. , _ _ '
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2. Sufficient land for open space shall be provided in each phase of
the development to assure that the recreational needs of district
residents are satisfied, taking into consideration the nature of open
space required to serve the district, and the amount of land
previously provided, or to be provided, in conjunction with the
phase of the de�elopment.
3. In its approval of the Site Plan, the City shall impose such
conditions as deemed necessary to assure that the intent and
_ purpose of this section is satisfied.
K. PARKING: Off-street and on-street facilities shall be provided for
multifamily uses, hotel uses, retail uses, office uses, civic uses and mixed
uses, in accordance with this section.
1. All at-grade parking lots fronting streets designated on the
thoroughfare plan shall be set back not less then ten- (10) feet
from the right-of-way line of such roadways, and screened from
- view as outlined in Section N.
2. Parking garages that have frontage on public streets shall comply
with standards established in Section 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.
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b. Hotei — 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 2Q0 square feet of gross
floor area.
d. Office — One (1) space far 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-s#reet parking shall be at the time of approva! af
the Site Plan and shall be allacated 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 a# alterna#ing time periods. Required parking
shall be determined based on parking demand for the peak parking
period, as determined by a parking analysis study approved by the
Director of Development 5ervices.
L. STREETS: A!I stree#s and blocks in the Mixed Use Dis#rict shal! conform
to the provisions of this section.
1. Street Standards: It is #he 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 al{ streets in the
distric# shall be ir� conformity with the Thoroughfare Plan for the -
City. The lacation of streets on the Thoraughfare Plan is _� "
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approximate. Precise location of streets shall be determined in
conjunction with approval of the Site Plan. Street patterns shall be
based upon a small-scale grid system of interconnecting streets.
3. Block Length: The length of a block shall not be less than finro
hundred (200)feet, or more than six hundred (600) feet.
M. EXTERIOR APPEARANCE
1. Materials: ,
a. At least ninety (90) percent of the exterior cladding of all
exterior walls fronting or visible from public streets (including
above grade parking structures) shall be brick construction.
An applicant however may submit a design that employs
alternative construction rnaterials 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
finrelve [12] feet), is a minimum of ninety (90) percent
brick. �
b. At least eighty (80) percent of the exterior cladding of all
walls not fronting, or not visible from public ways (including
above grade parking structures) shall be brick construction,
exterior cement plaster, or a combination thereof.
c. The exterior cladding, (excluding glass), of all buildings,
(including above grade parking structures), shall be
composed of not more than three (3) materials, (excluding
roofs).
d. The following materials are prohibited as primary cladding
_ _ materials: �
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1. �Aluminum siding or cladding.
2. Galvanized steel or other bright metal.
3. Woad or plastic siding.
4. Woad roof shingles.
5. Unfinished concrete black (architecturally finished
concrete block is permitted as a cladding material).
e. The foAowing materials are prohibited as primary roofing
materials: `
1. Wood roof shingles.
2. Composition shingles on any portian of a roof visible
from any adjacent street. Where composition
shingles are a!lowed, they must meet a minimum
s#andard of U.L. Class A fire rating and U.L. wind .
� . ra#ing.
2. Colors:
a. The dominant color of all buildings (including above grade
parking structures) shal! 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 �rohibited. -
b. The roof calors shalf be a shade of cool gray, warm gray,
brawn or red.
3. Winciaws:
a. Where a retai! use occupies the first tloor, a# least seventy
(7�} percent of the frst floor extersor wall facing a
thoroughfare, street, baulevard or parking plaza shall be
transparent glazing.
b. The exterior wall surface of all buildings above the first floor
shail rtot be more than fifty (50} percent glass. '
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c. Glass is to be clear or tinted, not reflective.
4. Walls: Walls attached to buildings shall be developed as
architectural, extensions of the buildings, constructed of the same
material and in the same style.
5. Lighting: All on-site lighting must meet the requirements of Section
55.A.5 of the Zoning Ordinance.
N. LANDSCAPE REQUIREMENTS: Landscaping within the Mixed Use
District shall comply with the provisions in this section and with the
standards contained in Section 53, Landscaping Regulations of the City of
Grapevine Zoning Ordinance. Where conflicts exist between this article
and the landscaping �regulations, requirements in this article shall be
applied.
1. Street Trees: Street trees shall be large shade tree species having
a minimum caliper of three (3) inches, selected in accordance with
� �� - the city's landscape regulations.
2. Plant Material: Front yards shall be landscaped except at building
� entries, seating areas, and adjacent to commercial uses, where the
front yard may be paved. Plant materials shall consist of shade
trees, ornamental trees, shrubs, evergreen ground covers, vines,
and seasonal color.
3. Paving Material:
_ _ a. Paving material in front_yards _and on_sidewalks shall be ,
warm toned, natural materials such as brick, stone and
concrete.
b. Asphalt and gravel as paving materials are prohibited.
4. Parking Lot Landscape:
a. Surface parking lots shall be screened from all adjacent
public streets and neighboring sites. The screen must
extend along all edges of the parking lot and must be three
_ (3) feet in height, eighty (80) percent opaque, and may be
accomplished through the use of mason.ry walls, ornamental
� metal, evergreen plant materials, or a combination thereof.
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Planting beds far screen planting shal( be a minimum of
, three (3)feet in width.
b. Interior parking lot landscaping shall be consistent with
� Sectian 53, Landscape Regulations of the City of Grapevine
Zoning Ordinance.
c. Parking spaces shal! not exceed twelve (12) spaces in a row
without being interrupted by a landscaped island (nine-foot
minimum). Islands shall be planted with a rninimum of one
shade tres per evei-y twelve (12} cars. ��'
O. Screening:
- 9. Mechanical equipment shall be screened #rom view of a!! public
roadways and located to minimize noise intrusion off the lot. The
required screening must be composed of the same exterior
materials as #he buildings on the lofi, or through the use af masonry
walls, ornamen#al fence {eighty [80] percent opaque�, evergreen
landscape material, or combination thereof.
2. Loading, service and #rash storage areas shall be screened from all
public roadways. Refuse containers must be placed on a designed,
reinforced concrete pad and approach. The required screer►ing
must be camposed of the same exterior materials as the buildings
on the 1ot.
3. All raof-mounted mechanical elements must be screened from view
of the public right-of-way and neighboring properties. Screening
must be_architecturaHy compatible with the buiCding design.
P. SIGNS: Signage within the Mixed Use District shall camply with the
provisions in this section and with the standards contained in Section 60,
Sign Standards of the �ity of Grapevine Zoning Ordinance. Where
canflicts exist between this article and the 5ign Standards, requirements in
this article shall be applied.
1. FunctionallStructural Types Permitted:
The follawing permitted functianal uses shaN be limited to_the
associated structural types of signs: _
a. Nameplate Signs: ,
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1. Wall
b. On-Premise Signs:
1. Wall signs
2. Awning, canopy, marquee
3. Projecting
4. Portable sandwich board
c. Real Estate Signs:
1. Wall
2. Number Of Signs Permitted:
a. Nameplate: One (1) per storefront.
b. On-Premise Signs: Awning, canopy, marquee, and either
one (1) wall sign per each individual wall for each lease
space or one (1) projecting sign per storefront. �
- , c. Real Estate: One (1) per storefront.
3. Maximum Gross Surface.Area:
a. Nameplate: Two (2) square feet.
b. Projecting Signs: Twenty-five square feet.
c. Real .Estate: Sixteen (16) square feet except that signs
located on lots fronting State Highways 114, 121, 360 and
State _Highway_26 east of Texan Trail/Ruth Wall Street may _
be thirty-two (32) square feet.
d. Wall Signs: Fifteen (15) percent of the wall.
e. Awning, Canopy and Marquee: Twenty-five (25) percent of
the awning, canopy or marquee. -
4. Maximum Height: No sign shall protrude above the roof or eave
line of the principal structure. Projecting signs shall be a minimum
of eight (8) feet above sidewalk grade and shall not protrude above
the roof or eave line of the principal structure.
012009 17 Section 40
DRAFT COPY pg���Q
5. Itiuminatian: Illuminated signs are permitted for namepiate and on-
premise signs on(y.
_ Q. OUTSIDE SALES AND/OR COMMERCIAL PROMOTIONS:
1. Any temporary outside sales shall be required to obtain a permi#
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 af the outside display.
b. Provide the Gity with a Site Plan showing location(s) of a!!
#ents {if applicable). Submit documentation showing
compliance wi#h 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__far_patrons, employees and delivery trucics;_
such map, plan or drawing should also indicate #hat no fire
lanes, s#ree#s or other public rights-of-way will be blt�cked as
a result o€the sale or promatian.
d. If#ood is served, provide food senrice facilities in accordance
with the Grapevine food and faod establishment ordit�ance.
e. Provide for adequate trash and waste remaval and cleanup
of the area.
f. Comply with all other reasonable condi#ions impased by the _
City.
C19 20C19 18 Sectian 4Q
DRAFT COPY 061510
R. OUTSIDE STORAGE OR OUTSIDE DISPLAY: Except for the equipment
and/or the materials stored on a construction site and used for a
temporary construction project, the outside storage or outside display of
equipment, building and/or other materials, goods and products shall be
prohibited within the district, with the exception of outside dining shown on
an approved Site Plan.
S. PATIOS AND BALCONIES: Balconies and patios facing public streets
shall not extend beyond the build-to-line except as permitted in Sections
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 IVlixed 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,
__ howeyer, may the_Council_appro_v_e_an_alternatiye use not allowed
within Sections.A, B and C of the Mixed Use District.
2. Flexible Design Standards: It is intended that the general
conditions, as well as the dimensional and design standards set
forth in Sections �, H and M of this article be flexible in order to
encourage development in the Mixed Use District. In some cases,
Sections �, H and M set forth limits within which specific standards
may be varied. For requests other than those set out in Sections
�. 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.
012009 19 Section 40
. DRAFl" Ct3PY p��(��((y
V. WAIVER PROCEDURE
1. Procedure: An application for a waiver to a devefoprnent 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 �pplication ta establish a "MXU" Mixed Use
District. A contract purchaser ar lessee must file with the
application, a copy of the contract, or lease, or other form of written
statement containing the property owners' endorsement af the
application. The application sha!! be filed in duplicate with
Department of Development Services an forms provided by the
City. Upon a determination that the waiver application is complete,
the Director of Development Services shaU forward the request to
the Planning and Zoning Commission and the Ci#y Counci! for
decision in conjunction with its decision on the application to
establish a Mixed Use Dis#rict.
2. Standards for Granting Waiver: The Planning. and Zoning
Commissian in making i#s recommendations, and the City Counci!
in deciding whether to grant the request for waiver, sha!! determine
that the#ollowing standards are met: �
a. The waiver for the specific development si#e 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 shal! not adversely affect #he use af neighboring
_. _ property, and the public's use and enjoy_ment of public areas,
in accordance with #he provisions o#this article.
d. The waiver is in conformity with the approved Site Plan.
3. Conditions: In granting a waiver ta a development standard
authorized under Section U of this article, the Planning and Zoning
Coinmission may recommend, and the City Councif may impase
such condi#ions and safeguards as it deems necessary to insure
harmony with the genera! purpose and the inten# of this article. Any
such conditian shall be satisfed as a condition prececient to
issuance of a certificate of accupancy for#he development to which
the waiver applies.
4'!2009 20 Section 40
DRAFT COPY 061510
4. Lapse of Waiver: A waiver granted under this section shall lapse
with the lapse of the approved Site Plan or amendment to the
"MXU" Mixed Use District, in accordance with Section F of this
article.
W. AMENDMENTS OF A SITE PLAN
General Requirement: Amendments of any Site Plan shall be made in
accordance with the procedure required for approval of the initial plan.
Amendments to a Site Plan shall be considered amendment to the "MXU"
Mixed Use Zoning District.
X. DESIGN REQUIREMENTS ,
1. Day Care Facility: A dav care facilitv may be permitted in the
Mixed Use District as a conditional use, subiect to the
followinq rectuirements:
_ 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:
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a.#: Drive-through restaurants shall not be permitted.
b.s: 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.
012009 21 Section 40
DRAFT CQPY Q�"��"1 Q
3. Outdoor Seating Area: Outdoor sea#ing (i.e. side waik cafes) may
be permitted in the Mixed Use District as a conditianat use,
subject to fhe following requirements:
a. Preparation of foad outside is prohibited.
b. Food service facilities must be pravided in accorciance with
the Grapevine food and food establishment ordinance.
c. Adequate trash and waste remava( and cleanup of the area
must be pravided. ,
4. Health Clubs: A health club mav be permitted in the Mixed Use
District as a condi#ional use, subiect to the foiiowing
requir.ements:
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 ratia of one (1) space per .
� every three {3) people, maximum occupancy capacity.
5. Medica! Office: A medical office mav be permitted in the Mixed
Use Dis#rict as a conditional use, subiect to the fallowinq
repuirements:
a. Freestartding medica! office buildings are not permitted.
b. Maximurn a!lawable size for a medical office is 3,000 square � _
feet. - - - --
c. Parking shal! be provided at a ratio of one (1) space per
every two hundred (2C}0) square feet. '
012009 22 Section 4Q
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