HomeMy WebLinkAboutORD 1989-081 ORDINANCE NO. 89-81
AN ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, AMENDING ORDINANCE NO. 82-73 , AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING
ALSO KNOWN AS APPENDIX "D" OF THE CODE OF
ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS,
,,,,�� BY PROVIDING FOR AMENDMENTS AND CHANGES TO
ZONING REGULATIONS BY AMENDING SECTION 3
DISTRICTS AND BOUNDARIES THEREOF; BY
AMENDING SECTION 12 DEFINITIONS; BY AMENDING
�" SECTION 38 "GU" GOVERNMENTAL USE DISTRICT;
BY AMENDING SECTION 40 "DFW" DALLAS/FORT
WORTH INTERNATIONAL AIRPORT DISTRICT; BY
AMENDING SECTION 47 SITE PLAN REVIEW AND BY
AMENDING SECTION 48 CONDITIONAL USES;
PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2, 000 . 00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH AN OFFENSE OCCURS OR CONTINUES;
PROVIDING A SEVERABILITY CLAUSE; DECLARING
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section l . That Ordinance No. 82-73 , as amended, the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas,
same being also known as Appendix "D" of the Code of Ordinances of
the City of Grapevine, Texas, is hereby amended in the following
�" particulars, and all other sections, subsections, paragraphs,
definitions, words and phrases of said Appendix "D" are not amended
� but are hereby ratified, verified, and affirmed:
A. That Section 3 Districts and Boundaries Thereof is hereby
amended by deleting and repealing the "DFW" Dallas/Fort Worth
Airport District in its entirety.
B. That Section 12 Definitions is hereby amended by adding a
definition to read as follows:
"400 . Structure: shall mean any building, construction,
facility or edifice, including but not limited to an
underground or overground utility line, drainage
facility, fence, street, or runway. "
C. That Section 38 "GU" Governmental Use District is hereby
amended by adding Section 38 .C. 7 to read as follows:
"7. Airports and airport-related facilities and
services including, but not limited to, terminals,
runways, taxiways, tramways, airport hangers,
• warehouses, heliports, helistops, service
establishments catering to the airport and
�'� airport-related facilities and excavation or fill
for any airport-related facility. "
�, D. That Section 38 "GU" Governmental Use District is hereby
amended by amending Section 38 .E and 38 .F to read as follows:
"E. Plan requirements: No application for a building
permit for construction of a building or structure
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 , has been approved;
3 . A Landscape Plan, meeting the requirements of
Section 53, has been approved.
F. Governmental immunity:
1 . Upon petition of the applicant, the City
�. h Planning and Zoning Commission may recommend,
and the City Council may officially recognize
that the applicant is immune from compliance
with specific provisions of the City zoning
`"�' ordinance for a proposed building, structure,
use, development or activity
(a) if such immunity specifically is required
to be granted by any applicable state or
federal statute, or
(b) in the absence of such a statute, upon
consideration and balancing of all
relevant factors, including but not
limited to:
(1) The impact of zoning compliance on the
proposed building, structure, use,
development or activity;
(2) The impact of the proposed building,
structure, use, development or
activity on the city;
(3) Whether a more prudent and feasible
� alternative location exists for the
proposed building, structure, use,
�
development or activity; and,
(4) The need of the applicant and the
region for the building, structure,
use, development or activity at the
proposed location.
2 . a Governmental immunity may be granted pursuant
to subparagraph (b) only after notice is given
and public hearings are held in compliance with
Section 67 . "
E. That Section 40 "DFW" Dallas/Fort Worth International Airport
District is hereby deleted and repealed in its entirety.
F. That Section 47 Site Plan Review is hereby amended by amending
Sections 47 .C.5 through 47 .K to read as per the attached
Exhibit "A" .
G. That Section 48 Conditional Uses is hereby amended by amending
Section 48 .E to read as follows:
��°� "E. Hearing on conditional use permit application. A public
hearing on the application shall be held and notice
thereof given in the manner and form required for
�v� amendments as set out in Section 67 of this Ordinance
unless the Director of Community Development or the
Planning and Zoning Commission determines that the
application is incomplete. "
J. That Section 48 Conditional Uses is hereby amended by adding
Sections 48 .F. 11 through 48 .F. 15 to read as per the attached
Exhibit "B" .
Section 2 . If any section, article, paragraph, sentence,
clause phrase or word in this ordinance, or application thereto any
person or circumstances is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City
Council hereby declares it would have passed such remaining
portions of the ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
��.,, Section 3 . 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
committee upon each day during or on which a violation occurs or
continues.
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 public creates an emergency which requires that this
ordinance take effect immediately from and after the date of its
passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 21st day of
November , 1989.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on an emergency basis
on this the 5th day of December , 1989.
� APPROVED:
� �
William D. Tate
Mayor
ATTEST:
Lin a Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
� `^ City Attorney
� ,
EXHIBIT "A" TO
ORD.INANCE NO. 89-81
Sec. 47. Site Plan Review.
� A. APPLICABILITY. Site Plans, prepared and approved in accordance
with the provisions of this section, shall be required to assist
Comnunity Development Department in the review of certain
� applications for building permits, to assure cc��pliance with all
applicable requirements and standards of this Ordinance, and in
such other instances as may be required by the terms of this
Ordinance. Whenever a Site Plan in required by this Section, or
any other provision of this Ordinance, the City shall not issue any
building permit until a Site Plan, whic�i is in can�pliance with the
applicable zoning district regulations, is approved..
B. AUTfiORITY.
1. The Director of Comnunity Develo�anent shall, subject to the
• proced.ures, standards, and limitations hereinafter set forth,
review and approve site plans for those uses listed under
Section 47 C.1-C.5 of this Ordinance.
2. Any Site Plan that is required by Section 47.C.6 of this
ordinance shall not be approved until:
a) The Director of Coimninity Develo�nent has reviewed the
Site Plan and made a report to the Planning and Zoning
,,,� Ca�nission; with respect to whether the plan ccmplies
with codes and ordinances of the City; ,
� b) The Planning and Zoning Ca�ni.ssion has received the Site
Plan and made a recamnendation to the City Council with
respect to whether the Site Plan is in substantial
conformity with the approved Master Development Plan for
this property; and
c) The City Cauncil has reviewed and approved the Site Plan
as being in substantial conformi.ty with the approved
Master Develo�anent Plan.
3. Any Site Plan that is required by Section 48 of this ordinance
shall not be approved until a conditional use pezmit has been
authorized by the City Council.
C. DEVFTAPN�VT AND USES REQUIRING A SITE PLAN. Site Plan review and
approval, in accordance with the provisions of this section, shall
be required for the follawing develo�xnents and uses.
1. Any permitted, accessory, or conditional use in the follawing
residential districts: R-3.5, R-3.75�, R-TH, R-NhI, R-MF-1,
R-ME'-2.
.,�•„�
2. Any permitted, accessory, or conditional use in the follawing -
co�ranercial districts: LB, QJ, CC, HC, PO, and HCO.
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091587 . Section 47, Page 1
EXHIBIT "A" TO
ORDINANCE NO. 89-81
3. Any permitted, accessory, or conditional use in the follawing
industrial districts: LI.
e��a
4. Any development or redevelopment within the Airport Noise
Overlay Districts.
��
5. All permitted, accessory, and conditional uses in the
Governmental Use (GU) District.
6. All develo�anent in the PRD-6, PRI�-12, PCD, and PID districts
e�cept single family detached dwellings and their related
accessory uses and structures. Any site plan issued in
connection with a planned development district must be in
conformance with the approved Master Development Plan for that
district.
D. E�'r DEVEL,OPMENT. The follawing activities and uses shall not
' require campliance with this section unless otherwise required by
this Ordinance.
1. Construction of a single family detached dwelling on an
existing or platted single fami.ly lot.
2. Construction of any permitted accessory use to a single family
dwelling on an existing or planned single family lot.
3. Deposit and contouring of fill on land provided other
regulations of the City of Grapevine are met. �'�►
4. Additions to any builclings or use, legally existing at the ,��
date of this Ordinance, when such addition does not exceed two
hundred (200) square feet or one-third (1/3) of the gross
floor area of the existing building or use, whichever is
greater.
5. Any pennitted use of a temporary nature for a period not to
exceed one (1) year.
� E. C:�I'IIVTS OF SITE PLAN APPLICATIaN.
1. Whenever a Site Plan is required under subsection C, the
application for site plan approval shall include the follawing
information and material:
(a) The applicant's name and address and his legal interest in the
subject praperty.
(b) The owner's name and address, if different from the
applicant, with the awner's signed consent to the filing of
the application.
(c) Street address (or comnon description) of the property. �'�
�.�
, 091587 Section 47, Page �2
EXHIBIT "A" TO
ORDINANCE NO. 89-81
(d) The zoning classification and present use of the subject
property.
��
(e) The proposed use or uses and a general description for the
proposed development.
''"�" (f) A final plat or replat of the approved subdivision by City
Council shawing property boundary lines and dimensions; and
easements, roadways, rail li.nes and public rights-of-way
crossing and adjacent to the subject property.
(g) If the property is subject to a �Nlaster Development Plan a
statement shawing that the proposed use substantially conforms
to the Master D�evelo�nent Plan.
(h) Any proposed grading or regrading of the subject property; any
significant natural, topographical or physical features of the
• property, including, at least, existing soil conditions, water
courses, marshes, t-xees in e�cess of faur (4) inches i.n
diameter, rock outcroppings and existing contours in excess of
two (2) feet in one hLmdred (100) feet.
(i) Map{s) showing the location, size, use and arrangement of all
. proposed buildings and camputations shcxaing height in stories
and feet, floor area ratio, total floor area, total square
feet of ground area coverage of proposed and existing
buildings which will remain, if any, and rnunber and size of
a� dwelling units, and rnunber of bedroams, in residential uses,
and building separations. -
"'�"" (j) Minimtun yard dimensions and, where relevant, relation of yard
dimensions to the height of any building or structure.
(k) Location, dimensions and rnunber of all vehicular and -
pedestrian circulation elements, including streets, and
roadways, driveways, entrances, curbs, curb cuts, parking
stalls, loading spaces and access aisles; sidewalks, walkways
and pathways, including slope and gradient of vehicular
elements; and total lot caverage of all circulation elements,
divided between vehicular and pedestrian ways.
(1) The location and size of existing and proposed water and sewer
public utilities on and adjacent to the site and fire hydrant
locations. �
(m) All existing and proposed surface and subsurface drainage
facilities, including culverts, drains and detention ponds,
showing size and dimensions of flaw. "
(n) Location, size and arrangement of all outdoor signs and the
location and intensity of all outdoor lighting.
�,�
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091587 Section 47, Page 3 „
EXHIBIT "A" TO
ORDINANCE NO. 89-81
(o) Location and height of fences or screen plantings and the type
or kind of building materials or plantings to be used for
fencing or screening.
..��
(p) Final elevations of proposed structures with the type or kind
of building materials used. Calculations of the percentage of
masonry of the entire structure. ,�r
(q) Location, designation and total area of all usable open space.
(r) A detailed landscaping plan meeting the provisions of Section
53 of this Ordinance. -
(s) A soil erosion control plan for the periad during which
construction will be taking place.
(t) In the case of any use requiring a special use permit, any
, information necessary to demonstrate ccanpliance with all
conditions imposed on the proposed special permit use by this
orclinance.
(u) Any other information that may be required by the Director of
C�m�unity Develo�xnent to determine that the application is in
canpliance with the codes and ordinances of the City.
(v) Parking for disabled persons should be designated according to
Chapter 23 Section 23-64 through 23-69 of the Code of
Ordinances.
��+�
(w) Designate aIl refuse storage areas according to Section
' S0.B.3. � ,,
', (x) A letter fram the Public Works Depa.rtment accepting all
', subdivision improvements (i.e. drainage, sewage, utilities and
street improveqnents) . "
2. Whenever a Conditional Use Permit is requixed pursuant to
Section 48, the fol-lawing additional inforn�ation shall be
su�anitted, subject to the provisions of Stiibsection F.
(a) All final envirorunental assessments and environmP_ntal
impact statements for the proposed building, structure,
use, develo�nent or activity if either or both are
required pursuant to state or federal law, including but .
not limited to the National Envirormmental Policy Act (as
amended) .
(b) Copies of all studies or analyses upon which have been .
based projections relied upon by the applicant of the
need or demand for the proposed building, structure, use,
develc7pment or activity, together with copies of all
studies or analyses upon which the applicant has .relied ,,,�,�
in selecting a location for the proposed building,
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091587 Section 47,' Page 4
EXHIBIT "A" TO
ORDINANCE NO. 89-81
structure, use, developnent or activity c�ver alternatives
thereto;
�
(c) A description of the present use, assessed value and
actual land value of land which will be used or adversely
impacted by the proposed building, structure, use,
� develoFanent or activity and by each alternative thereto
considered by the applicant, together with a description
of the expected future use of all such land, including
all long-tenn plans and master plans for the future use
or develo�anent of the applicant affecting such land;
(d) A description of the applicant's ability to obtain needed
easements (including but not limited to those necessary
for drainage, waste disposal, utilities, and avigation)
for the proposed building, structure, use, development or
activity and for each alternative thereto considered by
` the applicant;
(e) A description of the feasibilit_y and costs of any
necessary removals of or modifications to residential,
camt�ercial and public structures in connection with the
proposed building, structure, use, development or
activity and with each alternative thereto considered by
the applicant;
(f) A description of all special construction requirements
� for the proposed building, structure, use, develoFanent or
activity and for each alternative thereto considered .by
� the applicant, including descriptions of special geologic
features and availability of special materials needed for
construction;
(g) A description of the effect on airport access and egress
of the proposed building, structure, use, development or
activity and of each alternative thereto considered by
the applicant, including projections of future ground
traffic, traffic impact surveys, descriptions of existing
access and egress routes, descriptions of necessary or
proposed expansions or enlargements of routes and parking
areas;
(h) If the proposed use or activity will result in increased
noise levels, a description of the noise levels expected
to be generated by or in conjunction with �the proposed
building, structure, use, devlopment or activity upon
co�ncement of operations and during each fifth year
thereafter over the projected life of such building,
structure, use, development or activity, including (1)
maps showing projected 55, 60, 65; 70, and 75 Ldn noise
contours and (2) hourly data shawing the projected
� geographical distribution and duration of any single
noise events in excess of 65, 75, 85 and 95db; �
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091587 � Section 47, Page -5
I EXHIBIT "A" TO
ORDINANCE NO. 89-81
(i) Copies of all studies undertaken or considered by any
local, state or federal agency in connection with the
proposed building, structure, use, develo�anent or ,,,�;�
activity and each alternative thereto considered by the
applicant.
F. WAIVER OF APPLICATION RDQUIRII�NTS ��
1. The City Council, upon reca�iendation by the City Planning and
Zoning C�cnission, may waive any part of the application
requirements imposed by Subsection E.2 upon petition by the
applicant showing that: "
(a) full ccxnpliance with the application requirements of
S�.ibsection E.2 would be unreasonably burdensome; and
(b) the proposed building, structure, use, development or
• activity will not have a substantial impact on adjacent
and surrounding areas.
2. A waiver may be granted only if the City Council determines
that the information sukx�iitted is sufficient to detezmine that
the proposed buildi.ng, structure, use, development or activity
will ccxnply fully with all applicable ordinances and master
plans and that the proposed use, development or activity will
not have a substantial impact on adjacent and surrounding
areas.
��
3. A waiver may be granted only after notice is given and public
hearings are held in ccxnpliance with Section 67.
�,:w
', G. PROCEDURE FOR P�SSING SITE PLANS. The following procedures
', shall govern the processing and approval of site plan applications.
1. PRE-APPLICATION CUNFERII�ICE: Prior to filing a fornnal site
plan application, the applicant may request a pre-application
conference with the Director of Conmtznity Development or his
designee. The pur�ose of the pre-application conference shall
, be to assist the applicant in bringing the site plan into
conforn►ity with these and other regulations applying to the
subject property and to define the specific sukmission
requirements for site plan applications.
2. APPLICATION: Applications for site plan approval shall be
su}�nitted to the Director of Ca�rnxnity Develo�anent or his
designee in four (4) duplicate copies. All maps and graphics,
sukanitted as part of the site plan application, shall be to
scale and not smaller than one (1) inch equals fifty (50)
feet. A non-refundable application fee, as established frc�n
time to t�me by the City Couneil, to help defray
administrative costs and costs of a hearing, shall acca�any
each application. ,,,��
vr�,r
091587 - Section 47, Page �6
EXHIBIT "A" TO
ORDINANCE NO. 89-81
3. AC�I'ION BY DIRECTOR OF CC�M�I[7NITY DEVIIAPMENT: Within thirty
(30) days of the filing of an application the Director of
� C�nity Development shall cause such application and the
attached site plan to be reviewed, in terms of the standards
established by Section 47.H. belaw, by qualified City
personnel. He shall then either: (1) approve the
''"�' application; (2) approve it subject to the applicant obtaining
further specified approvals pursuant to the provisions of this
Ordinance; (3) on the basis of written findings in accordance
with Section 47.H. below, approve it subject to specific
modifications; or (4) on the basis of such findings, decline
to approve the application, provided, hawever, that in the
case of site plan applications required by Section 47.C.6.,
the Director of C�nity Development shall not apprave said
application but shall su�nit them together with his report
thereon to the Planning and Zoning Comnission. Immediately
upon concluding his review, the Director of Comminity
� Development shall return one (1) copy of the applicant's plans
to him, marked to show either approval, or approval subject to
modification, which modifications shall be clearly and
pern�anently marked on such plans. The failure of the Director
of Conm�uzity Development or his designee to act within said
thirty (30) days on any application, except one required by
_ Section 47.C.6. , shall be deemed to be approval of the
application and plans.
4. CONFERII�CES AND MODIFICATIONS DURING REVIE,W: While reviewing
,,,�,, such application, the Director of Comrnanity DeveloFxnent or
his designee may, or at the request of the applicant shall,
meet with the applicant for such conferences concerning the
"'�' proposed site plan as may be appropriate and may accept
amended plans in substitution of those origi.nally submitted.
5. ACTION BY PIANNING AND ZdNING CCINIl�SSION: If the Director of .
Ca�rn�nity Develapn�ent declines to approve the application, or
approves it subject to modifications which are not acceptable
to the applicant, such action shall not be deemed final
administrative action but shall entitle the applicant to have
his application referred to the Planning and Zoning Camnission
for review and decision of such matters as remained unresolved
between the Director and applicant. Such review may be
secured by the applicant by filing a written request therefor
with the Director o.f Comrn�nity Development. Upon receipt of
such request, the Director shall imnediately refer the �
applicant and his report thereon to the Planning and Zoning
Canmission, which shall review and act upon the application in
the same manner and subject to the same standards and
limitations as those made applicable to the Director of �
C.amrnani�y Development,except that the CcxYmiss�on shall have
thirty (30) days from the date of such referral within which
to act. The decision of the Planning and Zoning Conmission
.��� shall be final.
H. STANDARDS FOR SITE PLAN REVIEW.
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091587 Section 47, Page 7
EXHIBIT "A" TO
ORDINANCE NO. 89-81
1. STANDARDS: The Director of Conmunity Develo�anent shall not
refuse to approve, and the Planning and Zoning Comnission and
the City Council shall not disapprave Site Plans sut�nitted
pursuant to this Section except on the basis of specific ��"
written findings dealing with one (1) or more of the follcrwing
standards:
�r
(a) The application is incc�rplete in specified particulars or
contains or reveals violations of the Zoning Ordinance or
other ordinances of the City which the applicant has,
after written request, failed or refused to supply or
correct. --
(b) In the case of a site plan su�xnitted in conjunction with
a planned development, a special or conditional use
pezmit, or any district regulations in this Ordinance
that contain specific develo�anent standards, such as the
• PRD-6, PRD-12, PCD, or PID Districts, the site plan fails
to meet adequately specified standards required by this
Ordinance with respect to such development or special use.
(c) The proposed site plan does, or will, interfere
unnecessarily, and in specified particulars, with
easement, roadways, rail lines, utilities, and public or
private rights-of-�way.
(d) The proposed site plan does, or will unnecessarily, and
in specified particulars, destroy, damage, detr�mentally �,�,
modify or interfere with significant natural, topographic
or physical features of the site. "
�: �
(e) The circulation elements of the proposed site plan
unnecessarily, and in specified particulars, create, or
_ will create: hazards to safety on or off the site;
disjointed pedestrian or vehicular circulation paths on
or off the site; undue interference with and
inconvenience to pedestrian travel.
, (f) The screening of site does not, or will not, provide
adequate shielding from or for nearby uses with which the
proposed use may be incampatible.
(g) Based on recognized standards, the proposed site plan
makes inadequate provision for the creation or
preservation of open space or for its continued
maintenance. �
(h) The proposed site plan does, or will, unnecessarily, and
in specified particulars, create drainage or erosion
problems.
(i) In the case of site plans for develo�ents in the PRD-6, „�,,,�
PRD-12, PCD and PID Districts, the proposed site plan
+�.r
091587 Section 47, Page 8 �
EXHIBIT "A" TO
ORDINANCE NO. 89-81
fails, in specified garticulars, to conform substantially
to the approved Master Development Plan for the Property.
'�"°' 2. ALTEI�IATIVE APPROACHES. In citi.ng any of the foregoing
standards, other than those of subparagraph l.a. , as the basis
for declining to approve or for disapproving a site plan, the
�, Director of Comrn�nity Develo�.nt shall suggest alternate
site plan approaches which could be utilized to avoid the
specified deficiency or shall state the reasons why such
deficiency or shall state the reasons why such deficiency
cannot be avoided consistent with the a�licant's objectives.
I. EFF�CT OF SITE PLAN APPROVAL. If the Director of Conmunity
Development or the City Cauncil or the Planning and Zoning
Conmission approves the application or approves it subject to
further specified approvals or to modification which are acceptable
to the applicant, such approval shall not authorize the
, establishment or extension of any use nor the develapment,
construction, reconstruction, alteration or moving of any building,
or structure, but shall authorize only the preparation filing and
processing of applications for any further permits or approvals
which may be required by the codes and ordinances of the City,
including approvals such as a building permit, a certificate of
occupancy, or subdivision approval. '
J. LIlKITATIONS ON SITE PLAN APPROVAL. No site plan approval shall be
valid for a period longer than one year fram the date such approval
� is issued unless a building permit is issued and construction is
actually begun within that period, and is thereafter diligently _
pursued to cc�npletion or an occupancy permit is obtained and a use
� c�nenced within that period. Approval of an application does not
authorize any werk in conflict with any codes or ordinances of the
City of Grapevine.
K. �1DMENT. An approved site plan may be amended at any time in the �
same manner and subject to the same standards and limitations as
provided in this Section for original site plan approval.
�
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091587 Section 47, Page 9
I EXHIBIT "B" TO
ORDINANCE NO. 89-81
Sec. 48 Conditional Uses
5. The particular provision of this ordinance authorizing the
proposed conditional use;
�.�
6. A general description of the proposed conditional use;
7. An application for site plan approval, as required and defined
in Section 47 of this Ordinance; �"'�'
8. A statement or diagram shawing ccxnpliance with any special
conditions or requirements in�osed upon the particular
conditional use by the applicable district regulations;
9. A statement as to why the proposed conditional use will not
cause substantial injury to the value, use or enjoyment of
other property in the neighborhood;
10. A statement as to how the proposed conditional use is to be
• designed, arranged and operated in order to ensure that
development and use of neighboring property in accordance with
the applicable district regulations will not be prevented or
made unlikely.
E. HEARING ON CONDITIONAL USE PERMIT APPLICATION. A public hearing on
. the application shall be held and notice thereof given in the
manner and form required for amenchnents as set out i.n Section 67 of
this Ordinance unless the Director of C�rnznity Develapment or the
Planning and Zoning Canmission deternnines that the application is
', incamplete. „�„�
�', F. STANDARDS. The following standards, among other relevant
�I standards, may be considered by the Planning and Zoning Cca�mission `'��
', and City Council in determining whether a conditional use may be
granted.
�I� 1. That the proposed conditional use will be consistent with the
I adopted policies in the Ccanprehensive Master Plan of the City
' of Grapevine;
, 2. That the proposed conditional use will not have a substantial
or undue adverse effect upon adjacent property, the character
of the neighborhood, traffic conditions, parking, utility
facilities, and other matters affecting the public health,
safety and general welfare;
3. That the proposed conditional use will be constructed, arranged
and operated so as not to daninate the i�nediate vicinity oz to
interfere with the development and use of neighboring.property
in accordance with the applicable district regulations. In -
determining whether the proposed conditional use will so
dcaninate the ittmediate neighborhood, consideration shall be
given to:
��
(a) the location, nature and height of building, structures,
walls, fences on the site; and
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112189 Section 48 SPC, Page 2
EXHIBIT "B" TO
ORDINANCE NO. 89-81
(b) the nature and extent of screening on the site;
4. That the proposed conditional use ccxnplies with all applicable
�""°°' regulations of this ordinance, including lot size requirements,
bulk regulations, use limitations, and performance standards;
.�, 5. That the proposed conditional use at the specified location
will contribute to or prcanote the welfare or convenience of the
public;
6. That off-street parking and loading areas will be provided in
accordance with the standards set out in Sections 56, 57 and 58
of this Ordinance, and such areas will be screened from any
adjoining residential uses and located so as to protect such
residential uses fram any injurious effect;
7. That adequate access roads or entrance and exit drives will be
, provided and will be designed so as to prevent traffic hazards
and to minimize traffic congestion in public streets and alleys;
8. That the proposed conditional use will be served adequately by
essential public facilities and sezvices such as highways,
streets, parking spaces, police and fire protection, drainage
structures, refuse disposal, water and sewers, and schools; or
that the persons or agencies responsible for the establishment
of the proposed use will provide adequately for such services.
9. That the proposed conditional use will not result in the
''� destruction, loss or ,damage of any natural, scenic or historic
feature of significant importance; '"
�
10. That proposed conditional use will camply with any additional
standards imposed on it by the particular provision of this
Ordinance authorizing such use.
11. The Director of Comrn�nity Development has approved the detailed
landscaping plan as having met the provisions of Section 53.
12. That the proposed conditional use will minimize disruption to
existing neighborhoods, will minimize the adverse im�act on
existing cca�munity services, and will camplement in the least
intrusive manner possible the needs of the city, region and the
state;
13. That the benefits of the proposed conditional use outweigh the
loss of or damage to any hanes, businesses, natural resources,
agricultural lands, historic or cultural lanc�narks or sites,
wildlife habitats, parks, or natural, scenic, or historic
feature of significance, and outweigh the personal and econanic
costs of disruption to the lives, businesses and property of
individuals affected by the proposed use;
�-
14. That all alternative sites and all reasonable means for meeting .
the projected need or deqnand for the proposed building,
,w �
112189 Section 48 SPC, Page 3
I n n
EXHIBIT B TO
ORDINANCE NO. 89-81
structure, develognent, use or activity which may be less
costly or less intrusive to existing cc�tmunities have been
considered and rejected by the applicant for clearly disclosed „�:�,
reasons, and that all reasonable means for minimizing adverse
impacts of the proposed use have been considered and
incorporated into the proposal;
�,�
15. That the proposed conditional use is consistent with prior
plans, master plans and projections of the applicant, if any,
upon which the Gity of Grapevine has based planning or zoning
decisions or, if the proposed use is inconsistent with prior
plans or projections of the applicant, that any such
inconsistency is outweighed by the benefits to the caimiunity of
the proposed use.
G. CONDITIOI�L AND RESTRICTIONS. In granting a conditional use, the
Planning and Zoning Ccmmission may reccnm�end, and the City Council
' may impose such conditions, safeguards and restrictions upon the
premises benefited by the conditional use as may be necessary to
camply with the standards set out in Section 48.F of this Ordinance
to avoid, or minimize, or mitigate any potentially injurious effect
of such conditional uses upon other property in the neighborhood,
and to carry out the general purpose and intent of this Ordinance.
. Such conditions shall be set out in the Ordinance approving the
conditional use permit.
', H. AFFIDAVIT OF CONIPLIANCE WITH CONDITIONS. Whenever any conditional
', use pe�nit authorized pursuant to this Section is made subject to ��
I� conditions to be met by the applicant, the applicant shall, upon
I meeting such conditions, file an affidavit with the Director of
'�, Catnnunity Develo�anent so stating. '� "
II I. EE�'ECT OF ISSUANCE OF A PERMIT FOR A CONDITIONAL USE. The issuance
of a permit for conditional use shall not authorize the -
establishment or extension of any use nor the develoFm�ent,
construction, reconstruction, alteration or moving of any building
or structure, but shall merely authorize the preparation, filing
and processing of applications for any pennits or approvals which
may be required by the codes and ordinances of the City, including,
but not limited to, a building permit, a certificate of occupancy
and subdivision approval.
J. PERIOD OF VALIDITY. No conditional use permit shall be valid for a
period longer than one (1) year fram the date on which the City
Council grants the conditional use, unless within such one (1) year
period: (1) a building permit is obtained and the erection or
alteration of a structure is started, or (2) an _occupancy permit is
obtained and a use c�nced. 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 ccxnplying with the notice and hearing
requirements for an initial application for a conditional use ��
permit.
�,�
1�2189 Section 48 SPC, Page 4