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HomeMy WebLinkAboutAM2013-02ITEM # MEMO TO: HONORABLE MAYOR AND MEMBER OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JANUARY 14, 2013 SUBJECT: WORKSHOP—POTENTIAL AMENDMENTS TO THE ZONING ORDINANCE RELATIVE TO THE CREATION OF AN ENTERTAINMENT/ATTRACTIONS ZONING DISTRICT RECOMMENDATION: City Council to consider possible amendments to the zoning ordinance including the creation of a new district or overlay specifically for the purpose of enabling/validating entertainment or attraction based uses and take any necessary action. BACKGROUND INFORMATION: Since 2006 the City Council has been presented a number of potential development scenarios on the two largest remaining tracts of land within the city—the 52 acre Silverlake tract, and the 130+ acre Palmeiro tract. Currently a 300 room co -branded hotel (Marriott Courtyard and Townplace Suites) is under construction on the Silverlake tract. No activity has taken place on the Pal meiro tract. Both of these tracts, as well as possible portions of other potential tracts, have been envisioned as destination entertainment sites developed with a mixture of restaurants, entertainment, hospitality, retail, and attraction uses. With limited providers of these types of uses combined with the competitive pressure from other cities within the Dallas/Fort Worth metroplex area, consideration may be given to the creation of a new zoning district or overlay that would provide a clear signal to the development community that the city is proactive in its pursuit of these types of uses. One possible strategy could be the creation of an "Entertainment Overlay District" fashioned in a similar manner to our current "Historic Subdistrict Overlay" that would leave the underlying zoning in place but through the conditional use process allow the Council to consider a wide variety of special circumstances unique to this type of development. Special consideration could be given relative to: • Building setbacks, area, open space, and landscaping requirements • Reducing or eliminating minimum district size requirements • Increased building/structure height R:\AGENDA\2013\01-14-13\WK011413 entertainmentdistrict.doc • Signage, particularly increased height, area, moving sign copy and identification highway signage • Parking • Uses, in particular consideration given to "boutique" hotels with a room count below 300 • Masonry requirements Although creation of this new district would not enable any development "by right" it would provide a mechanism to consider a complete and varied array of entertainment and attraction uses and demonstrate the City's willingness to consider all possibilities relative to these two remaining tracts of land. R:\AGENDA\2013\01-14-13\WK011413 entertainmentdistrict.doc 2 U) S ITEM # i MEMO TO: HONORABLE MAYOR AND MEMBER OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO MEETING DATE: MARCH 5, 2013 SUBJECT: WORKSHOP—AMENDMENT TO THE ZONING ORDINANCE RELATIVE TO THE CREATION OF AN ENTERTAINMENT AND ATTRACTIONS OVERLAY ZONING DISTRICT RECOMMENDATION: City Council to consider possible amendment to the zoning ordinance relative to the creation of a new Entertainment and Attraction Overlay District specifically for the purpose of enabling entertainment or attraction based uses and take any necessary action. BACKGROUND INFORMATION: At a January 14, 2013 workshop, a discussion was held relative to the creation of a new zoning district category specifically designed to facilitate the development of entertainment and attraction type uses along with hospitality, retail, and restaurant uses that are customarily associated with this type of development. Given the few remaining tracts left to develop within the city and the competitive pressure from other cities within the Dallas/Fort Worth metroplex area, adoption of such an ordinance would demonstrate the city's willingness to consider and validate such uses. Attached is a draft ordinance of the proposed Section 41A, Entertainment and Attraction Overlay. In addition to defining the concept of "attraction" the proposed ordinance allows special consideration to be given relative to: • Building setbacks, area, open space, density, buffer and landscaping requirements • Reducing or eliminating minimum district size requirements • Increased building/structure height • Signage, particularly increased height, area, moving sign copy and identification highway signage • Parking 0:\ZCU\WK030513 entertain mentd istrict.doc • Uses, in particular consideration given to "boutique" hotels with a room count below 300 rooms • Masonry requirements Although creation of this new district would not enable any development "by right" it would provide a mechanism to consider a complete and varied array of entertainment and attraction uses and demonstrate the City's willingness to consider all possibilities relative to these types of uses. R:\AGENDA\2013\03-05-13\WK030513 entertainmentdistrict.doc 2 DRAFT COPY 030513 Section 41A. Entertainment and Attraction Overlay PURPOSE: The Entertainment and Attraction Overlay is a planning tool that is intended to encourage the development of property with the goal of establishing unique as well as modern urban development in situations where strict adherence to standard zoning criteria inhibits the creative process. The objective of the Entertainment and Attraction Overlay is to promote progressive land development on tracts of land with maximum flexibility in the design of entertainment and attraction projects. This overlay should be utilized to establish 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. DEFINITION: Relative to the application of this overlay an "attraction" shall be generally defined as a place of interest where individuals or groups of persons visit for its entertainment, inherent or exhibited cultural value, historical significance, natural or built beauty or amusement opportunity. GENERAL GUIDELINES: All uses—permitted, accessory, and conditional relative to a request for the creation of an Entertainment and Attraction Overlay shall be initially established by the underlying zoning district. Consideration may be given to projects of an unusual nature that employ creative features that can not meet the intended literal requirements of the zoning ordinance as well as to the grouping or massing of uses. APPLICATION FOR ESTABLISHING AN ENTERTAINMENT AND ATTRACTION OVERLAY: An application for an Entertainment and Attraction 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 outlined 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. Failure to meet the following submittal requirements will result in the rejection of the application. 1. The applicant's name and address and interest in the subject property. 030513 Section 41A O:\Ordinances\Zoning Ordinance\Drafts\Sec.41A.draft.rtf 1 2/25/2013 3:03:31 PM DRAFT COPY 030513 2. The owner's name and address if different than the applicant and the owner's signed consent to the filing of the application. 3. The street address and legal description of the property. 4. The zoning classification and present use of the subject property. 5. A general description of the proposed Entertainment and Attraction Overlay. 6. A statement as to how the proposed Entertainment and Attraction 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. Care should be taken when proposing an Entertainment and Attraction Overlay to ensure that uses within the overlay closely match those within the underlying zoning district and conformance with the Master Land Use plan is reasonably maintained. HEARING ON THE ENTERTAINMENT AND ATTRACTION 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 an Entertainment and Attraction Overlay should be established: 1. That the proposed Entertainment and Attraction Overlay will be consistent with the adopted policies in the Comprehensive Master Plan of the City of Grapevine. 2. That the proposed Entertainment and Attraction 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 Entertainment and Attraction Overlay will be constructed arranged and operated so as not to unreasonably interfere with the development and use of neighboring property in accordance with the applicable district regulations. 030513 Section 41A O:\Ordinances2oning Ordinance\Drafts\Sec.41A.draft.rtf 2 2/25/2013 3:03:31 PM DRAFT COPY 030513 4. That the proposed Entertainment and Attraction 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 traffic hazards and to minimize traffic congestion in public streets and alleys. 6. That the proposed Entertainment and Attraction 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 Entertainment and Attraction Overlay will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance. 8. That the proposed Entertainment and Attraction Overlay will comply with any additional standards imposed on it by the particular provision of this Ordinance authorizing such use. 9. That the proposed Entertainment and Attraction 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 Entertainment and Attraction 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 the proposed Entertainment and Attraction 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. 030513 Section 41A 0:\Ordinances2oning Ordinance\Drafts\Sec.41A.d raft. rtf 3 2/25/2013 3:03:31 PM DRAFT COPY 030513 12. The following zoning districts are not permitted to be utilized for the establishment of an Entertainment and Attraction Overlay: "R-20," "R-12.5," and "R-7.5," Single Family Districts; "R-5.0" Zero Lot Line District, "R-3.5" Two Family District, "R-3.75" Three and Four Family District, "R -MH" Manufactured Home District, "R-TH" Townhouse District, "R -MF" Multifamily 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 an Entertainment and Attraction 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. It should be recognized that the establishment of an Entertainment and Attraction Overlay is contractual in nature and upon expiration of a Site Plan approved in conjunction with an Entertainment and Attraction Overlay, the property will revert to the underlying zoning district designation and all uses and the general development guidelines as stated in the underlying district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with an Entertainment and Attraction Overlay. All property that has received an Entertainment and Attraction Overlay designation shall be eligible for the provisions of this ordinance provided that the application for an Entertainment and Attraction Overlay has not expired. A. PRINCIPAL USES: 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 conditions and reasons 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 and reasons necessary for the change in standards from the underlying zoning district. C. CONDITIONAL USES: 030513 Section 41A O:\Ordinances2oning Ord inance\Drafts\Sec.4 1 A.d raft. rtf 4 2/25/2013 3:03:31 PM DRAFT COPY 030513 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 and reasons 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. Uses which are not directly related or ancillary to entertainment and attraction type uses are expressly prohibited. An Entertainment and Attraction Overlay shall not be established relative to any uses established within Section 49, Special Uses. Unique hotel concepts developed as part of an overall attraction/entertainment development may propose standards that are less restrictive than those required relative to room count, room size, conference center space, swimming pool requirement and size, full service restaurant requirement, and staffing. E. DENSITY REQUIREMENTS: Relief from strict compliance with density requirements shall be permitted. 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 establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. Special consideration may be given to the clustering or grouping of entertainment and attraction uses. F. AREA REGULATIONS: Relief from strict compliance with area regulations shall be permitted. 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: Relief from strict compliance with buffer area regulations shall be permitted. 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. 030513 Section 41A O:\Ordinances2oning Ord inance\Drafts\Sec.41A. draft. rtf 5 2/25/2013 3:03:31 PM DRAFT COPY 030513 H. HEIGHT REQUIREMENTS: Relief from strict compliance with height requirements shall be permitted. 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. LANDSCAPING REQUIREMENTS: Relief from strict compliance with landscaping requirements shall be permitted. 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: Relief from strict compliance with masonry requirements shall be permitted. Requirements associated with the percentage coverage of masonry for all principal and accessory structures/buildings shall be initially established in accordance with Section 54, Masonry Requirements. 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: Relief from strict compliance with off-street parking requirements shall be permitted. Requirements associated with off-street parking shall be initially established in accordance with 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: Relief from strict compliance with off-street loading requirements shall be permitted. 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: Relief from strict compliance with design requirements shall be permitted. When applicable, design requirements 030513 Section 41A 0:\Ordinances2oning Ordinance\Drafts\Sec.41A.draft.rtf 6 2/25/2013 3:03:31 PM DRAFT COPY 030513 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: Relief from strict compliance with planned commercial center design requirements shall be permitted. 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: Relief from strict compliance with sign standards shall be permitted. Requirements associated with the height, size, type, and number of signs allowed shall be initially established in accordance with Section 60, Sign Standards. When varying from the guidelines within Section 60, Sign Standards, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. P. SUBDIVISION REGULATIONS AND CONSTRUCTION STANDARDS: Given the unique nature of this type of development, consideration may be given by the City Council to deviate from the subdivision regulations established for new construction within the City relative to the establishment of an Entertainment and Attraction Overlay, however, all constructions standards shall be met. Q. ADDITIONAL REQUIREMENTS, RESTRICTIONS AND CONSIDERATIONS: In granting an Entertainment and Attraction 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 Entertainment and Attraction Overlay as may be necessary to comply with the standards set out in Section 41A, Standards of this Ordinance to avoid, or minimize, or mitigate any potentially injurious effect of such Entertainment and Attraction Overlay uses upon other property in the vicinity, and to carry out the general purpose and intent of this Ordinance. The Planning and Zoning Commission may also recommend and the City Council consider any additional conditions or stipulations in addition to, in lieu of, or provide relief from any other provisions of this ordinance when necessary. Such conditions shall be set out in the Ordinance approving the Entertainment and Attraction Overlay. 030513 Section 41A O:\Ordinances\Zoning Ord inance\Drafts\Sec.41 AA raft. rtf 7 2/25/2013 3:03:31 PM March 29, 2013 Ms. Christine Lopez Fort Worth Star Telegram P.O. Box 1870 Fort Worth, Texas 76102 RE: Grapevine Account # CIT 25 Dear Ms. Lopez, VIA FACSIMILE 817-390-7361 817-390-7520 Please find enclosed the following for publication on Sunday, March 31, 2013, in the Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only) Item Meeting Date Notice of Public Hearing April 16, 2013 CU13-04 - 7 -Eleven Notice of Public Hearing April 16, 2013 CU13-06 —Cousin's BBQ Notice of Public Hearing April 16, 2013 Amendments to Comprehensive Zoning Ordinance 82-73 As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 410-3155. Sincerely, Albert L. Triplett, Jr. Planner II 1 CITY OF GRAPEVINE, TEXAS On Tuesday evening, April 16, 2013 at 7:30 P.M. in the City Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas, the City Council and Planning and Zoning Commission of the City of Grapevine will hold a public hearing to consider the following items: CU13-04 — 7 - Eleven - submitted by Brian Nebel for property located at 1700 State Highway 26 and platted as Lot 2R1, Block 1, Grapevine Mills Addition, Phase 2. The applicant is requesting a conditional use permit to amend the previously approved site plan to revise the building area, elevations and location and allow the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer and wine only) and gasoline services in conjunction with a convenience store. The property is currently zoned "CC" Community Commercial District and is owned by Florida Bethel. CU13-06 Cousin's BBQ - submitted by C&H Foods, LP located at 1000 International Parkway, Terminal B, Columns 128-129. The applicant is requesting a conditional use permit to allow the possession, storage and retail sales of on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The property is currently zoned "GU" Governmental Use and is owned by Dallas/Fort Worth International Airport. AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE 82-73 - The City Council and the Commission will consider amendments and changes to the Comprehensive Zoning Ordinance, No. 82-73, same being Appendix D of the Code of Ordinances as follows: Creation of a new Zoning Ordinance District, Section 41A, Entertainment and Attraction Overlay and Section 49, Special Use Permits relative to stand alone new or existing parking lots requirements and any other additions, deletions, or changes to various sections, articles and provisions contained in said Ordinance No. 82-73. After all parties have been given an opportunity to speak, the public hearing will be closed and the Commission and the City Council will deliberate the pending matters. Please contact Development Services Department concerning any questions, 200 S Main Street, Grapevine, Texas 76051 or PO Box 95104, Grapevine, Texas 76099, 817-410-3155. A copy of the site plan for all the above referenced requests is on file with the Development Services Department. 2 HP OfficeJet K Series K80 Personal Printer/Fax/Copier/Scanner Last Transaction Date Time Twe Identification Mar 29 1:37pm Fax Sent 98173907520 Log for DEVELOPMENT SERVICES 8174103018 Mar 29 2013 1:37pm Duration Pages Result 0:44 2 OK OC ITEM # .29 MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: APRIL 16, 2013 SUBJECT: AM13-02—ZONING ORDINANCE AMENDMENT RELATIVE TO THE CREATION OF SECTION 41A. ENTERTAINMENT AND ATTRACTION OVERLAY RECOMMENDATION: Staff recommends the Planning and Zoning Commission and the City Council consider an amendment to the zoning ordinance relative to the creation of Section 41 A. Entertainment and Attraction Overlay specifically for the purpose of enabling entertainment and attraction based uses and take any necessary action. BACKGROUND INFORMATION: At a January 14, 2013 workshop, a discussion was held relative to the creation of a new zoning district category specifically designed to facilitate the development of entertainment and attraction type uses along with hospitality, retail, and restaurant uses that are customarily associated with this type of development. Given the few remaining tracts left to develop within the city and the competitive pressure from other cities within the Dallas/Fort Worth metroplex area, adoption of such an ordinance would demonstrate the City's willingness to consider and validate such uses. A subsequent Council workshop was held on March 5, and several changes have been made to the proposed ordinance as a result of that workshop, primarily to the Standards section with the removal of two paragraphs that appeared to have conflicting intent and the addition of the "PO" Professional Office District and the "CN" Neighborhood Commercial District to the list of districts that are prohibited from the establishment of the overlay. Attached is the draft ordinance of the proposed Section 41 A, Entertainment and Attraction Overlay. In addition to defining the concept of "attraction" the proposed ordinance allows special consideration to be given relative to: Building setbacks, area, open space, density, buffer and landscaping requirements R: WG E N DA\2013\04-16-13W M 13-02.4.docAM 13-02.4 4/11/2013 11:23:25 AM • Reducing or eliminating minimum district size requirements • Increased building/structure height • Signage, particularly increased height, area, moving sign copy and identification highway signage • Parking • Uses, in particular consideration given to "boutique" hotels with a room count below 300 rooms • Masonry requirements Although creation of this new district would not enable any development "by right" it would provide a mechanism to consider a complete and varied array of entertainment and attraction uses. /rs R:\AGEN DA\2013\04-16-13\AM 13-02.4.doc 4/11/2013 1:47:03 PM 2 DRAFT COPY 041613 Section 41A. Entertainment and Attraction Overlay PURPOSE: The Entertainment and Attraction Overlay is a planning tool that is intended to encourage the development of property with the goal of establishing unique as well as modern urban development in situations where strict adherence to standard zoning criteria inhibits the creative process. The objective of the Entertainment and Attraction Overlay is to promote progressive land development on tracts of land with maximum flexibility in the design of entertainment and attraction projects. This overlay should be utilized to establish 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. DEFINITION: Relative to the application of this overlay an "attraction" shall be generally defined as a place of interest where individuals or groups of persons visit for its entertainment, inherent or exhibited cultural value, historical significance, natural or built beauty or amusement opportunity. GENERAL GUIDELINES: All uses—permitted, accessory, and conditional relative to a request for the creation of an Entertainment and Attraction Overlay shall be initially established by the underlying zoning district. Consideration may be given to projects of an unusual nature that employ creative features that can not meet the intended literal requirements of the zoning ordinance as well as to the grouping or massing of uses. APPLICATION FOR ESTABLISHING AN ENTERTAINMENT AND ATTRACTION OVERLAY: An application for an Entertainment and Attraction 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 outlined 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. Failure to meet the following submittal requirements will result in the rejection of the application. 1. The applicant's name and address and interest in the subject property. 041613 Section 41 A 1 DRAFT COPY 041613 2. The owner's name and address if different than the applicant and the owner's signed consent to the filing of the application. 3. The street address and legal description of the property. 4. The zoning classification and present use of the subject property. 5. A general description of the proposed Entertainment and Attraction Overlay. 6. A statement as to how the proposed Entertainment and Attraction 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. Care should be taken when proposing an Entertainment and Attraction Overlay to ensure that uses within the overlay closely match those within the underlying zoning district and conformance with the Master Land Use plan is reasonably maintained. HEARING ON THE ENTERTAINMENT AND ATTRACTION 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 an Entertainment and Attraction Overlay should be established: 1. That the proposed Entertainment and Attraction Overlay will be consistent with the adopted policies in the Comprehensive Master Plan of the City of Grapevine. 2. That the proposed Entertainment and Attraction 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 Entertainment and Attraction Overlay will be constructed arranged and operated so as not to unreasonably interfere with the development and use of neighboring property in accordance with the applicable district regulations. 041613 2 Section 41 A DRAFT COPY 041613 4. That the proposed Entertainment and Attraction 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 traffic hazards and to minimize traffic congestion in public streets and alleys. 6. That the proposed Entertainment and Attraction 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 Entertainment and Attraction Overlay will comply with any additional standards imposed on it by the particular provision of this Ordinance authorizing such use. 8. That the proposed Entertainment and Attraction 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. 9. That the proposed Entertainment and Attraction 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. 10. The following zoning districts are not permitted to be utilized for the establishment of an Entertainment and Attraction Overlay: "R-20," "R-12.5," and "R-7.5," Single Family Districts; "R-5.0" Zero Lot Line District, "R-3.5" Two Family District, "R-3.75" Three and Four Family District, "R -MH" Manufactured Home District, "R-TH" Townhouse District, "R -MF" Multifamily District, "R-MODH" Modular Home District, "PRD -6" Planned Residential Low Density District, "PRD -12" Planned Residential Medium Density District, "PO" Professional Office District and "CN" Neighborhood Commercial District. 041613 3 Section 41 A DRAFT COPY 041613 PERIOD OF VALIDITY: No Site Plan for an Entertainment and Attraction 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. It should be recognized that the establishment of an Entertainment and Attraction Overlay is contractual in nature and upon expiration of a Site Plan approved in conjunction with an Entertainment and Attraction Overlay, the property will revert to the underlying zoning district designation and all uses and the general development guidelines as stated in the underlying district shall apply. There shall be no vested right(s) associated with an expired site plan approved in conjunction with an Entertainment and Attraction Overlay. All property that has received an Entertainment and Attraction Overlay designation shall be eligible for the provisions of this ordinance provided that the application for an Entertainment and Attraction Overlay has not expired. 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 may provide an amended list of permitted uses and the conditions and reasons necessary for the change in standards from the underlying zoning district. B. ACCESSORY USES: 1. 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 and reasons 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 and reasons 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. Uses which are not directly related or ancillary to entertainment and attraction type uses are expressly 041613 51 Section 41 A DRAFT COPY 041613 prohibited. An Entertainment and Attraction Overlay shall not be established relative to any uses established within Section 49, Special Uses. Unique hotel concepts developed as part of an overall attraction/entertainment development may propose standards that are less restrictive than those required relative to room count, room size, conference center space, swimming pool requirement and size, full service restaurant requirement, and staffing. E. DENSITY REQUIREMENTS: Relief from strict compliance with density requirements may be permitted. 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 establishing the new standards and the conditions necessary for the change in standards from the underlying zoning district. Special consideration may be given to the clustering or grouping of entertainment and attraction uses. F. AREA REGULATIONS: Relief from strict compliance with area regulations may be permitted. 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: Relief from strict compliance with buffer area regulations may be permitted. 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: Relief from strict compliance with height requirements may be permitted. 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. LANDSCAPING REQUIREMENTS: Relief from strict compliance with landscaping requirements may be permitted. Requirements associated 041613 5 Section 41 A DRAFT COPY 041613 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: Relief from strict compliance with masonry requirements may be permitted. Requirements associated with the percentage coverage of masonry for all principal and accessory structures/buildings shall be initially established in accordance with Section 54, Masonry Requirements. 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: Relief from strict compliance with off-street parking requirements may be permitted. Requirements associated with off-street parking shall be initially established in accordance with 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: Relief from strict compliance with off-street loading requirements may be permitted. 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: Relief from strict compliance with design requirements may be permitted. 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: Relief from strict compliance with planned commercial center design requirements may be permitted. When applicable, the design requirements associated with planned commercial centers shall be initially 041613 ro Al Section 41 A DRAFT COPY 041613 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: Relief from strict compliance with sign standards may be permitted. Requirements associated with the height, size, type, and number of signs allowed shall be initially established in accordance with Section 60, Sign Standards. When varying from the guidelines within Section 60, Sign Standards, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established. P. SUBDIVISION REGULATIONS AND CONSTRUCTION STANDARDS: Given the unique nature of this type of development, consideration may be given by the City Council to deviate from the subdivision regulations established for new construction within the City relative to the establishment of an Entertainment and Attraction Overlay, however, all constructions standards shall be met. Q. ADDITIONAL REQUIREMENTS, RESTRICTIONS AND CONSIDERATIONS: In granting an Entertainment and Attraction 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 Entertainment and Attraction Overlay as may be necessary to comply with the standards set out in Section 41A, Standards of this Ordinance to avoid, or minimize, or mitigate any potentially injurious effect of such Entertainment and Attraction Overlay uses upon other property in the vicinity, and to carry out the general purpose and intent of this Ordinance. The Planning and Zoning Commission may also recommend and the City Council consider any additional conditions or stipulations in addition to, in lieu of, or provide relief from any other provisions of this ordinance when necessary. Such conditions shall be set out in the Ordinance approving the Entertainment and Attraction Overlay. 041613 7 Section 41 A