HomeMy WebLinkAboutORD 2005-031 ORDINANCE NO. 2005-31
�" ` AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR
AMENDMENTS AND CHANGES TO ZONING
REGULATIONS BY AMENDING SECTION 40, "MXU" MIXED
USE DISTRICT; AND CREATION OF SECTION 41, "PD"
PLANNED DEVELOPMENT OVERLAY; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of
� � the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code
is hereby amended in the following particulars, and all other sections, subsections,
paragraphs, definitions, words and phrases of said Appendix "D" and not amended but
hereby ratified, verified, and affirmed:
A. That Section 40 "MXU" Mixed Use District is hereby amended by amending
Subsection U Flexible Standards, item 2 to read as follows:
"2. Flexible Design Standards: It is intended that the general
conditions, as well as the dimensional and design standards
set forth in Sections G, H, and M of this article be flexible in
order to encourage development in the Mixed Use District. In
some cases, Sections G, H, and M set forth limits within which
specific standards may be varied. For requests other than
those set out in Sections G, H, and M, the developer must
request a waiver from a specific standard. The Council may
approve such waiver in conjunction with its decision to
establish or amend the district in those cases where the waiver
addresses a standard applicable to the Site Plan."
B. That Appendix "D" is amended by creation of a new Section 41 "PD" Planned
�:.,,;
Development Overlay to read as shown on attached Exhibit "A."
Section 2. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
`�"#� to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 3. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court or competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 19th day of April, 2005.
APPROVED:
���----�—
William �. T�fie
Mayor
ATTEST:
Linda Huff
City 5ecretary
APPROVED AS TO FORM:
J . . '
:`r:,.:;�:,:�.t
John F. Boyle, Jr.
City Attorney "
ORD. NO. 2005-31 2
EXHIBIT "A" TO ORD. NO. 2005-31
Page 1 of 7
_ Section 41. "PD" Planned Development Overlay
PURPOSE: The "PD" Planned Development Overlay is a planning tool that
`�"� � should be utilized to improve property with a goal of establishing unique as well
as modern urban development in situations where strict adherence to standard
zoning criteria inhibits the creative process. It should be utilized to create
compatible land uses within urbanized areas and generate the appropriate
criteria necessary to enable the development of land that is unlikely to occur
given the standards established in other zoning districts. Care should be given to
ensure that development under this section in no way negatively impacts the
health, safety, and welfare of the general public. The discretionary oversight
granted in this section shall allow the Planning and Zoning Commission and the
City Council the ability to establish standards and impose conditions upon such
requests to mitigate or eliminate potentially adverse effects upon the community
or upon properties within the vicinity of the proposed use. Designation under this
section shall not affect the underlying zoning of the property except as provided
in the ordinance establishing the overlay.
GENERAL GUIDELINES: All uses—permitted, accessory, and conditional
relative to a request for the creation of a "PD" Planned Development Overlay
shall be initially established by the underlying zoning district. In situations where
there is a need to deviate from the established guidelines in the underlying
` zoning district relative to permitted, accessory or conditional uses and/or general
development criteria i.e. density requirements, area requirements etc., the
�� � applicant shall present to the Planning and Zoning Commission and the City
Council the special circumstances that inhibit the development of property strictly
utilizing the standards designated in the underlying zoning district and the criteria
that will differ from that established in the underlying zoning district.
APPLICATION FOR ESTABLISHING A "PD" PLANNED DEVELOPMENT
OVERLAY: An application for a "PD" Planned Development Overlay shall be filed
with the Director of Development Services which shall be forwarded to the
Planning and Zoning Commission and the City Council. The application shall
contain a Site Plan as stated in Sectior� 47, Site Plan Review, with the following
information as well as any additional information as may be required by the
Planning and Zoning Commission, City Council, or the Director of Development
Services:
1. The applicant's name and address and his interest in the subject
property.
2. The owner's name and address if different than the applicant and
the owner's signed consent to the filing of the application.
3. The street address and legal description of the property.
041905 1 Section 41
EXHIBIT "A" TO ORD. NO. 2005-31
Page2of7
4. The zoning classification and present use of the subject property.
5. A general description of the proposed "PD" Planned Development
4�` � Overlay.
6. A statement or diagram detailing the area or areas of the zoning
ordinance that will be varied from and the conditions present that
require deviation from the established standards.
7. A statement as to why the proposed "PD" Planned Development
Overlay will not cause substantial injury to the value, use or
enjoyment of other property in the neighborhood.
8. A statement as to how the proposed "PD" Planned Development
Overlay is to be designed, arranged and operated in order to
ensure that development and use of neighboring property in
accordance with the applicable district regulations will not be
prevented or made unlikely.
HEARING ON THE "PD" PLANNED DEVELOPMENT OVERLAY APPLICATION:
A public hearing on the application shall be held and notice thereof given in the
manner and form required as set out in Section 67, Amendments of this
y ordinance unless the Director of Development Services or the Planning and
Zoning Commission determines that the application is incomplete.
STANDARDS: The following standards may be considered by the Planning and
Zoning Commission and the City Council in determining whether a "PD" Planned
Development Overlay should be established:
1. That the proposed "PD" Planned Development Overlay will be
consistent with the adopted policies in the Comprehensive Master
Plan of the City of Grapevine.
2. That the proposed "PD" Planned Development Overlay will not
have a substantial or undue adverse effect upon adjacent property,
the character of the neighborhood, traffic conditions, parking, utility
facilities, and other matters affecting the public health, safety and
general welfare.
3. That the proposed "PD" Planned Development Overlay will be
constructed arranged and operated so as not to dominate the
immediate vicinity or to interfere with the development and use of
neighboring property in accordance with the applicable district
regulations. In determining whether the proposed "PD" Planned
Development Overlay will so dominate the immediate
neighborhood, consideration shall be given to:
041905 2 Section 41
EXHIBIT "A" TO ORD. NO. 2005-31
Page 3 of 7
a. The location, nature and height of building, structures, walls,
r:,. �
fences on the site and,
b. The nature and extent of screening on the site.
4. That the proposed "PD" Planned Development Overlay at the
specified location will contribute to or promote the welfare or
convenience of the public.
5. That adequate access roads or entrance and exit drives will be
provided and will be designed so as to prevent traffic hazards and
to minimize traffic congestion in public streets and alleys.
6. That the proposed "PD" Planned Development Overlay will be
served adequately by essential public facilities and services such
as highways, streets, parking spaces, police and fire protection,
drainage structures, refuse disposal, water and sewers, and
schools; or that the persons or agencies responsible for the
establishment of the Overlay will provide adequately for such
services.
7. That the proposed "PD" Planned Development Overlay will not
result in the destruction, loss or damage of any natural, scenic or
r historic feature of significant importance.
8. That the proposed "PD" Planned Development Overlay will comply
with any additional standards imposed on it by the particular
provision of this Ordinance authorizing such use.
9. That the proposed "PD" Planned Development Overlay will
minimize disruption to existing neighborhoods, will minimize the
adverse impact on existing community services, and will
complement in the least intrusive manner possible the needs of the
city, region, and the State.
10. That the benefits of the proposed "PD" Planned Development
Overlay outweigh the loss of or damage to any homes, businesses,
natural resources, agricultural lands, historic or cultural landmarks
or sites, wildlife habitats, parks, or natural, scenic, or historic
feature of significance, and outweigh the personal and economic
costs of disruption to the lives, businesses and property of
individuals affected by the proposed use.
11. That alt alternative sites and all reasonable means for meeting the
projected need or demand for the proposed building, structure,
041905 3 Section 41
EXHIBIT "A" TO ORD. NO. 2005-31
Page 4 of 7
. development, use or activity which may be less costly or less
intrusive to existing communities have been considered and
rejected by the applicant for clearly disclosed reasons, and that all
_ # reasonable means for minimizing adverse impacts of the proposed
use have been considered and incorporated into the proposal.
12. That the proposed "PD" Planned Development Overlay is
consistent with prior plans, master plans and projections of the
applicant, if any, upon which the City of Grapevine has based
planning or zoning decisions or, if the proposed use is consistent
with prior plans or projections of the applicant, that any such
inconsistency is outweighed by the benefits to the community of the
proposed use.
13. For those requests to establish a "PD" Planned Development
Overlay based on the residential zoning districts: "R-20" Single
Family District, "R-12.5" Single Family District, "R-7.5" Single
Family District and "R-5.0" Zero Lot Line District, the requirement
for a Site Plan shall be waived and a survey or subdivision plat
shall suffice. The following zoning districts are not permitted to be
utilized for the establishment of a "PD" Planned Development
Overlay: "R-MH" Manufactured Home District, "R-MODH" Modular
Home District, "PRD-6" Planned Residential Low Density District,
and "PRD-12" Planned Residential Medium Density District.
PERIOD OF VALIDITY: No Site Plan for a "PD" Planned Development Overlay
shall be valid for a period longer than one year from the date on which the City
Council grants approval, unless within such one year period: (a) a Building
Permit is obtained and the erection or alteration of a structure is started, or (b) an
Occupancy Permit is obtained and a use commenced. The City Council may
grant one additional extension not exceeding one year, upon written application,
without notice or hearing. No additional extension shall be granted without
complying with the notice and hearing requirements for an initial application as
required in Section 67, Amendments. Upon expiration of a Site Plan approved in
conjunction with the establishment of a "PD" Planned Development Overlay, the
property will revert to the underlying zoning district designation and all uses and
the general development guidelines as stated in the district shall apply. There
shall be no vested right(s) associated with an expired site plan approved in
conjunction with a "PD" Planned Development Overlay.
A. PRINCIPAL USES:
1. All principal uses established in the underlying zoning district.
When varying from the uses within the underlying zoning district the
applicant shall provide an amended list of permitted uses and the
041905 4 Section 41
EXHIBIT "A" TO ORD. NO. 2005-31
Page5of7
_, conditions necessary for the change in standards from the
underlying zoning district.
X N 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 necessary for the change in standards from the
underlying zoning district.
C. CONDITIONAL USES:
1. All conditional uses established in the underlying zoning district.
When varying from the uses within the underlying zoning district the
applicant shall provide an amended list of conditional uses and the
conditions necessary for the change in standards from the
underlying zoning district.
D. LIMITATION OF USES: Uses prohibited shall be those uses specifically
prohibited within the underlying zoning district. The following uses are
expressly prohibited within a "PD" Planned Development Overlay and
` cannot be established as a permitted, conditional, or accessory use under
any circumstances:
1. Freight forwarding warehouses
2. Outside storage of material/equipment
3. Retail establishments for used car sales and service
4. Hotel/motel with a minimum room count less than 300 rooms
5. Commercial parking lots
6. Automotive repair garages
7. Salvage/wrecking yards
8. Retail sales of building material displayed in an unenclosed or
incompletely enclosed area with outside storage
9. Those uses specifically designated in paragraph D. Limitation of
Uses in Section 31, "LI" Light Industrial District
10. Off-premise/billboard signage
11. Pawn shops
12. All uses listed in Section 49, Special Uses
13. Bed and Breakfast
E. DENSITY REQUIREMENTS: Requirements associated with maximum
density, lot size, minimum open space, maximum building coverage, and
maximum impervious coverage shall be initially established by the
underlying zoning district. When varying from the guidelines within the
underlying zoning district the applicant shall provide the method for
041905 5 Section 41
EXHIBIT "A" TO ORD. NO. 2005-31
Page 6 of 7
y establishing the new standards and the conditions necessary for the
change in standards from the underlying zoning district. The maximum
density for a "PD" Planned Development Overlay District associated with
` any underlying residential zoning district shall not exceed that established
in the underlying zoning district except for the "R-MF-2" Multifamily
District. Lot size for any residentially zoned district may be reduced no
more than five (5) percent.
F. AREA REGULATIONS: Requirements associated with lot width, lot depth,
front yard setback, side yard setback, rear yard setback, and distance
between buildings shall be initially established by the underlying zoning
district. When varying from the guidelines within the underlying zoning
district the applicant shall provide the method for establishing the new
standards and the conditions necessary for the change in standards from
the underlying zoning district.
G. BUFFER AREA REGULATIONS: Requirements associated with the
establishment of a buffer area shall be initially established by the
underlying zoning district. When varying from the guidelines within the
underlying zoning district the applicant shall provide the method for
establishing the new standards and the conditions necessary for the
change in standards from the underlying zoning district.
H. HEIGHT REQUIREMENTS: Requirements associated with the height of
� structures shall be initially established by the underlying district. When
varying from the guidelines within the underlying zoning district the
applicant shall provide the method for establishing the new standards and
the conditions necessary for the change in standards from the underlying
zoning district.
I. LANDSCAPING REQUIREMENTS: Requirements associated with
landscaping shall be initially established in accordance with Section 53,
Landscaping Regulations of the zoning ordinance. When varying from the
guidelines within Section 53, Landscaping Regulations, the applicant shall
provide the method for establishing the new standards and the conditions
necessary for the change in standards from those established.
J. MASONRY REQUIREMENTS: Requirements associated with masonry
shall be initially established in accordance with Section 54, Masonry
Requirements of the zoning ordinance. When varying from the guidelines
within Section 54, Masonry Requirements, the applicant shall provide the
method for establishing the new standards and the conditions necessary
for the change in standards from those established.
K. OFF-STREET PARKING REQUIREMENTS: Requirements associated
with off-street parking shall be initially established in accordance with
041905 6 Section 41
EXHIBIT "A" TO ORD. NO. 2005-31
Page 7 of 7
,.y Section 56, Off-Street Parking Requirements and Section 58, Parking,
Loading, and Outside Storage Area Development Standards of the zoning
�.<�,,.,
ordinance. When varying from the guidelines within these Sections the
applicant shall provide the method for establishing the new standards and
the conditions necessary for the change in standards from those
established.
L. OFF-STREET LOADING REQUIREMENTS: Requirements associated
with off-street loading shall be initially established in accordance with
Section 57, Off-Street Loading Requirements of the zoning ordinance.
When varying from the guidelines within Section 57, Off-Street Loading
Requirements, the applicant shall provide the method for establishing the
new standards and the conditions necessary for the change in standards
from those established.
M. DESIGN REQUIREMENTS: When applicable, design requirements shall
be initially established by the underlying zoning district. When varying
from the guidelines within the underlying zoning district the applicant shall
provide the method for establishing the new standards and the conditions
necessary for the change in standards from the underlying zoning district.
N. PLANNED COMMERCIAL CENTER DESIGN REQUIREMENTS: When
applicable, the design requirements associated with planned commercial
centers shall be initially established by the underlying zoning district.
- When varying from the guidelines within the underlying zoning district the
applicant shall provide the method for establishing the new standards and
the conditions necessary for the change in standards from the underlying
zoning district.
O. SIGN STANDARDS: On-premise signage shall be provided in accordance
with Section 60, Sign Standards of the zoning ordinance.
P. ADDITIONAL REQUIREMENTS AND RESTRICTIONS: In granting a "PD"
Planned Development Overlay, the Planning and Zoning Commission may
recommend, and the City Council may impose such conditions,
safeguards and restrictions upon the premises benefited by the Planned
Development Overlay as may be necessary to comply with the standards
set out in Section 41 Standards of this Ordinance to avoid, or minimize, or
mitigate any potentially injurious effect of such Planned Development
Overlay uses upon other property in the neighborhood, and to carry out
the general purpose and intent of this Ordinance. Such conditions shall
be set out in the Ordinance approving the Planned Development Overlay.
041905 7 Section 41