HomeMy WebLinkAboutWS Item 01 - Zoning Ordinance AmendmentsMEMO TO: HONORABLE MAYOR, AND MEMBERS OFTHE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGERGC
H. T. HARDY, DIRECTOR DEVELOPMENT SERVICES
MEETING DATE: APRIL 5, 2005
SUBJECT: WORKSHOP—PROPOSED
ORDINANCE: CREATION
DEVELOPMENT OVERLAY
BACKGROUND:
AMENDMENT TO THE ZONING
OF SECTION 41, "PD" PLANNED
Staff presented a draft of the proposed ordinance at a March 1, 2005 Council Workshop.
At that meeting the following changes were suggested to the draft for Section 41, "PD"
Planned Development Overlay and have been incorporated into the ordinance:
• The "Purpose" section has been revised to more directly reflect the intent of the
ordinance and it's applicability to all parcels of land in the City rather than just those
that are problematic in terms of size, shape, topography, and surrounding landuse.
• The maximum density for a "PD" Planned Development Overlay associated with any
underlying residential 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.
• A list of prohibited uses has been included that are expressly prohibited within a "PD"
Planned Development Overlay.
In addition, the name of the district has been changed from "PD" Planned Development
District to "PD" Planned Development Overlay given that this proposed new section will
be utilized in conjunction with the underlying zoning on a subject tract or in combination
with a zone change request. See the attached draft of Section 41, "PD" Planned
Development Overlay.
/rs
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4. The zoning classification and present use of the subject property.
5. A general description of the proposed "PD" Planned Development
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
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:
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:
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a. The location, nature and height of building, structures, walls,
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
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 all alternative sites and all reasonable means for meeting the
projected need or demand for the proposed building, structure,
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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,
"PRD -12" Planned Residential Medium Density District, and "MXU"
Mixed Use 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
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conditions necessary for the change in standards from the
underlying zoning district.
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.
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
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establishing the new standards and the conditions necessary for the
r 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
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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.
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