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HomeMy WebLinkAboutAM2006-03MEMO TO: PLANNING AND ZONING COMMISSION FROM: SCOTT WI TAMS, ACTING DIRECTOR DEVELOPMENT SERVICES RON STOM UGH, DEVELOPMENT MANAGER MEETING DATE: MARCH 21, 2006 SUBJECT: CHANGES AND AMENDMENTS TO SECTION 41 "PD" PLANNED DEVELOPMENT OVERLAY Staff recommends the Planning and Zoning Commission review the attached amended copy of Section 41, "PD" Planned Development Overlay, and take any action necessary. r r• Attached is an amended copy of Section 41, "PD" Planned Development Overlay. Based on the work session held on February 28, 2006, Staff has incorporated the comments and suggestions from that meeting into the new document. In particular, a statement was added to the "Purpose" section relative to the objective of a planned development overlay and the "Application" section was amended adding direct and specific information pertaining to the requirements necessary for filing a planned development overlay. A definition of "redevelopment" has been provided, an additional statement added to the "Period of Validity" section, the masonry requirements have been reinstated and lastly a section has been added requiring compliance with all Subdivision Regulations and Construction Standards. Please review the attached ordinance. /rs O:\...\Drafts\021606Drafts\Section41. memo 1 1 March 15, 2006 (2:20PM) Section 'D 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. The objectiveplanned development v rt is to promote progressive and flexibleland development on problematic tracts of land wherecertain causative factors such s extreme topography, irr I r property boundaries, surrounding uses and zoningter similar aspects renders the land i is It to develop under established gur elin . 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 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 re it nts will result i the rejection of the application. The applicant's name and address and his interest in the subject property. O:\...Drafts\021606Drafts\Section41.draft 1 031406 Section 41 2. The owners name and address if different than the applicant and the owners 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 "PD" Planned Development Overlay. il. A statement or diagram/matrix detailing the area or areas of Me zoning ordinance that will be varied from and the conditions present that require deviation. from the established standards. This written justification for the establishment of the planned development overlay must clearly and explicitly detail each item which will deviate from the established guidelines and should explain what special physical circumstances are present on the subject tract of land that inhibits its development. Economic nned deii� ovgd,q����, This portion of the application is the foundation for the establishment of the planned development overlay. Applications for establishing a planned development overlay will be accepted only for vacant tracts of land or for property undergoing redevelopment. Redevelopment is not synonymous with "remodel." For purposes of this section, redevelopment shall be defined as a minimum increase of fifty percent in the appraised value of the subject property brought about as a result of the improvements made as proposed, as determined by a licensed appraiser. This appraisal information shall be provided by the applicant at the applicant's expense. Demolition and rebuild, construction of new principal structure(s) and/or a change in the principal use as defined in this ordinance are conditions which may be used to determine this valuatiot. 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 O:\...Drafts\021606Drafts\Section41.draft 2 031406 Section 41 prevented or made unlikely. Care should be taken when proposing a planned development 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 maintained. 9. A statement or diagram/matrix detailing the particular measures that will be implemented to compensate for the requested deviations from the underlying zoning district, 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: 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. 0A ... Drafts\021606Drafts\Section4l.draft 3 031406 Section 41 Iftf-AAARE81M 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, 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 0:\...Drafts\021606Drafts\Section41.draft 4 031406 Section 41 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. It should be recognized that the establishment of a planneddevelopment v rt is contractual in nature and upon expiration of a Site Plan approved in conjunction with the establ-shment 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: 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 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 O:\...Drafts\021606Drafts\Section41.draft 5 031406 Section 41 90 • 1 i• 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 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. O:\...Drafts\021606Drafts\Section41.draft 6 031406 Section 41 wont 1• 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. 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: Masonry shall be provided in accor dance with Section 54, MasonryRequirements. Requirements assoG-• with = • r rdanGe with SeGfien I 1 1 r• r Requirements u zoningerdinanGe. l r ying frorn • .guidelines within r . I MasonFy appliGant shall provide methed a establishing the Gond-tions a r• r • • r • K. OFF-STREET PARKING REQUIREMENTS: 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. O:\...Drafts\021606Drafts\Section41.draft 7 031406 Section 41 IN] AA150101M 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. SUBDIVISION REGULATIONS AND CONSTRUCTION STANDARDS: The planned development overlay shall not be used to deviate from the construction standards established for new construction within the City. Except in extreme circumstances relative to width, grade, and radii, all subdivision regulations shall be met. Justification must be given for the establishment of private streets/roadways however all subdivision regulations and constructions standards must be met. Q. 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. O:\...Drafts\021606Drafts\Section41.draft 8 031406 Section 41 March 31, 2006 Ms. Janice Gregory Fort Worth Star Telegram P.O. Box 1870 Fort Worth, Texas 76102 RE: Grapevine Account # CIT 25 Dear Ms. Gregory, Please find enclosed the following for publication on April 2, 2006, in the Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only) Item Notice of Public Hearing CU06-06, PD06-04 — Faith Christian School Notice of Public Hearing CU06-08 — Uncle Juilo's Notice of Public Hearing Z06-03, PD06-04 — Stone Bridge Oaks Notice of Public Hearing AM06-03 - Amendments to Comprehensive Zoning Ordinance Meeting Date 010HEMBUI1. April 18, 2006 April 18, 2006 As always, your assistance is greatly appreciated. If you have any questions please contact me at (817) 410-3155. Sincerely, Ron Stombaugh, Development Manager Development Services Enclosure /rs DEVELOPMENT SERVICES DEPARTMENT The City of Grapevine • P O Box 95104 • ('grapevine, Texas 76099 • (817) 410-3154 Fax (817) 410-3018 • www.ci.grapevine.tx.us CITY OF GRAPEVINE, TEXAS On Tuesday evening, April 18, 2006 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: Case Number/Name: CU06-06, PD06-04 — Faith Christian School Applicant: Ed Smith Location: 729 East Dallas Road and proposed to be platted as Lot 1, Block 1, Faith Christian School Current Zoning: "Ll" Light Industrial District Proposal: The applicant is requesting a conditional use permit to allow owned by Faith Christian School. Case Number/Name: CU06-08 — Uncle Julio's Applicant: Philip Morley Location: 1301 William D. Tate Avenue, Lot 4, Block 1, Hayley Addition Current Zoning: "HC" Highway Commercial District Proposal: The applicant is requesting a conditional use permit to amend the previously approved site plan for a planned commercial center, specifically to allow the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. A copy of the site plan is on file at the Department of Development Services. The property is owned by Grapevine Towers Limited. 2 N Case Number/Name: Z06-03, PD06-04 — Stone Bridge Oaks Applicant: Laurie Gillespie Location: 4600 State Highway 360, proposed to be platted as Stone Current Zoning: "R -MF -1" Multifamily District Proposal: The applicant is requesting a zone change to rezone approximately 23.52 acres from "R -MF -1" Multifamily District to "R-TH" Townhouse District and a planned development overlay to include but not be limited to deviation from lot width relative to front entry garage access, building coverage, front, rear, and side yard setbacks, buffer area, and building separation. A copy of the site plan is on file at the Department of Development Services. The property is owned by Dean Eldridge. 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: Section 41, "PD" Planned Development Overlay, relative to expansion and explanation of various sections and topics, 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 the Department of Development Services concerning any questions, 200 South Main Street, Grapevine, Texas, 76051 or P.O. Box 95104, Grapevine, Texas, 76099, 817- 410-3155. 3 HP OfficeJet K Series K80 Personal Printer/Fax/Copier/Scanner Last Transaction Dae Time Tye Identification Mar 31 1:25pm Fax Sent 98173907520 Log for DEVELOPMENT SERVICES 8174103018 Mar 312006 1:25pm Duration Pa"es Result 0:41 3 OK Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF GRAPEVINE SECRETARY PO BOX 95104 GRAPEVINE, TX 76099-9704 Attn D.EV CITY OF GRAPEVINE, TEXAS On THE STATE OF TEX, County of Tam Before me, a Not for the Star-Teleg depose and say, LEGAL DEPT. STA; (817) 390-7320 SUBSCRIBED AND Thank You For Your Payment ----------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 761 Customer ID: CIT25 Invoice Number: 268252881. Invoice Date: 4/2/06 ' Terms: Net due in 21 days Due Date: 4/30/06 PO Number: $495.88 Order Number: 26825288 Sales Rep: 073 Description: CITY OF GRAPEVI Publication Date: 4/2/06 'b �,V to amend the es. 1 161 161 LINE $3.08 $495.88 Net Amount: $495.88 to�- zone c"an"e , co re zone appr..imatelY� ! "o� CHRISTY L. HQLLMD 23.52 acres from #` MF -1" Mukifam i *: MYGOMt�18Si0NEXPIRES District to. R T � jUly St 2008 7-hni�sa D9strtt'f ": .. th Trentyard `Ca`, """ y appeared Lisa Wesselman, Bid and Legal Coordinator yard setbacks, b�fr, ay personal) area, and butldrn`/orth, in Tarrant County, Texas: and who, after bei" duly sworn, did separation. , copy ty, g y the site plan is on at the Department'a P fished in the ate ve named paper on the listed dates: BIDS & Development Seri es. The property 4' owned by Dean E[t ' ridgg Ne. MEDMENTS COMPREHENSI'V�, ZONING ORD" NANCE 82-73 t` _ ies h', an % ; Customer ID: CIT25 peaw,lt �e ustomer Name: CITY OF GRAPEVINE SECR the - mai nvoice Number: 268252881 taut ,•;. S. I nvoice Amount: $495.88 ' 00 "` O Number: 7G 6Q 817 ount Enclosed: MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, ACTING DIRECTOR DEVELOPMENT SERVICES SUBJECT: ZONING ORDINANCE AMENDMENT AM06-03 - AMENDMENTS TO SECTION 41 "PD" PLANNED DEVELOPMENT OVERLAY RECOMMENDATION: Staff recommends the City Council and the Planning and Zoning Commission consider the amendments to Section 41, "PD" Planned Development Overlay, and take any action necessary. Since it's adoption April 19, 2005 varying degrees of concern have surrounded the planned development concept relative to its appropriateness, intent, and application. Given the few remaining unique vacant tracts of land left to develop in the City, the possibility exists that as this property develops, a planned development overlay will be a part of the process. The same holds true for existing developed property that evolves and redevelops. Based on a worksession held with the Planning and Zoning Commission on February 28, 2006, staff has incorporated the comments and suggestions from that meeting into a new document. In particular, a statement has been added to the "Purpose" section relative to the objective of a planned development overlay and the "Application" section was amended adding direct and specific information pertaining to the requirements necessary for filing a planned development overlay. A definition of "redevelopment" has been provided, an additional statement added to the "Period of Validity" section, the masonry requirements have been reinstated and lastly a section has been added requiring compliance with all Subdivision Regulations and Construction Standards. The ordinance is atached for your review Staff recommends approval. lrs 0:\ZCU\AM06-03.4 1 April 12, 2006 (4:18PM) DRAFT COPY 04-18-06 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. The objective of a planned development overlay is to promote progressive and flexible land development on problematic tracts of land where certain causative factors such as extreme topography, irregular property boundaries, surrounding uses and zoning and other similar aspects renders the land difficult to develop under established guidelines. 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 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 applications 1. The applicant's name and address and his interest in the subject property. 0A11Ordinances2oning Ordinance0raftsl041806 drafts\Sec41.draft2.rtf 041905 Section 41 f1 • [11, IN1. 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 "PD" Planned Development Overlay. establishment6. A statement or diagram/matrix 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. This written justification for the of planned development overlay•explicitlydetail subjectdeviate from the established guidelines and should explain what special physical circumstances are present on the oflandthat inhibitsdevelopment. • • justifications • restablishing planned •- !•• overlay are not acceptable. This portion of the application is the foundation • fthe establishmentof planned development overlay. Applications for establishing a planned development overlay will be accepted only for vacant tracts of land or for property undergoing redevelopment. Redevelopment is n W5 synonymous Forpurposes • `this section, redevelopment shall be defined as a minimum increase of fifty percent in the appraised value of the subject property brought about as a result of the improvements made as proposed, as determined by a licensed appraiser. This appraisal information shall be provided by the applicant at the applicant's expense. Demolition and rebuild, construction of new principal structure(s) and/or a change in the principal use as defined in this ordinance are conditions which may be used to determine• 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 0:\11 Ordinances2oning Ordinance\Drafts\041806 drafts\Sec4l.draft2.rtf 041905 Section 41 2 II • prevented or ..de unlikely. Care should '. taken wh closelyproposing a planned development overlay to ensure that us within the overlay # maintained.zoning district and conformance with the Master Land U plan is 9. A statement or diagram/matrix detailing the particular measures that will be implemented to compensate for the requested deviations from the underlying zoning district. 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: 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: 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. O:\11Ordinances2oning Ordinance\Drafts\041806 drafts\Sec41.draft2.rtf 041905 Section 41 3 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 as highways, streets, drainage structures, schools; or that the establishment of the services. essential public facilities and services such parking spaces, police and fire protection, refuse disposal, water and sewers, and persons or agencies responsible for the Overlay will provide adequately for such 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, 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 O:\11 Ordinances2oning Ordinance0rafts\041806 drafts\Sec41.draft2.r f 041905 0 Section 41 is] 9010 1- 1 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. It should be recognized that the establishment of a planned development overlay is contractual in nature and upon expiration of a Site Plan approved in conjunction with the establishment e 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: 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 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 O:\11OrdinancesVoning Ordinance\Drafts\041806 drafts\Sec41.draft2.rtf 041905 Section 41 5 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, "Ll" 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 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. O:\11Ordinances2oning Ordinance\Drafts\041806 drafts\Sec41.draft2.rtf 041905 C Section 41 1111191,511.1 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. 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: Masonry shall be provided in accordance • Ii MasonryRequirements.Require.... aSSOGiated with masowy 6hall .. initially established in aGGOrdaRGe SeGtiOR I Masonry u. of thdinaMe.When vaFying ftem the guidelines I 1 • r . • uire ent6, the new standards and the Gonditions neGessaFy. • .Ghange in standaFds. • • . se established, K. OFF-STREET PARKING REQUIREMENTS: 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. OA110rdinancesVoning Ordinance\Drafts\041806 drafts\Sec41.draft2.rtf 041905 Section 41 9 04-18-06 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. SUBDIVISION REGULATIONS AND CONSTRUCTION STANDARDS: The planned development overlay shall notbe used to deviatethe • r • rs established for new construction Exceptthe City. t width,grade, and radii, all subdivision regulations shall be met. Justification must be given for the establishment of private streets/roadways however all subdivision regulations and constructions standards must be Q. 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. O:\11Ordinances\Zoning Ordinance\Drafts\041806 drafts\Sec41.draft2.rff 041905 Section 41 8