HomeMy WebLinkAboutItem 06 - MXU Mixed Use District TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION�a�
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: AUGUST 17, 2010
SUBJECT: ZONING ORDINANCE AMEMDMENT AM10-05 RELATIVE TO
SECTION 40, "MXU" MIXED USE DISTRICT
RECOMMENDATION:
Staff recommends the City Council and the Planning and Zoning Commission consider the
proposed amendment to the zoning ordinance relative to Section 40, "MXU" Mixed Use
District, and take any other action necessary.
BACKGROUND INFORMATION:
At the October 14, 2009, December 15, 2009 and January 19, 2010 Commission workshop
meetings, discussions were held relative to text changes to Section 40, "MXU" Mixed Use
District, and defining a boundary area for the district. In general, the following amendments
were proposed by the Commission:
• Revision of the Purpose statement to better clarify the use of the district
• ' Establishing a geographic boundary within which rezoning requests to "MXU" Mixed
Use District must be relegated
• Requiring a minimum of two of the three standard components of mixed use, i.e.
residential, retail, and office, within a development
• Requiring a residential component within a mixed use development and establishing
a minimum percentage of this residential component
• For projects that propose a hotel in addition to the required residential component, a
third component, e.g., retail or office, will also be required
• Free standing restaurants, retail, and movie theaters to be considered as conditional
uses
• Adding "governmental uses" to the list of civic uses allowed in the Principal Uses
section
• More clearly declaring the residential nature of items 1 and 2 in the Accessory Uses
section
• Removing paragraph G. General Conditions from paragraph U. Flexible Standards
A joint work session between the Council and Planning and Zoning Commission was held on
June 15, 2010 to further discuss the proposed changes and to receive input from the Council
relative to these changes. Discussion at that work session primarily centered on redefining
the boundary area in which the district could be requested. A brief discussion was also held
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relative to more clearly stating the parking requirements for the district and the height of
structures in the district when located adjacent to or near established residential property. A
statement was added to paragraph K. Parking, further clarifying that the guidelines
contained with the "MXU" Mixed Use District are those that apply. No changes to the height
requirements were proposed during the joint work session given that the redefined boundary
area may not be near any established residential areas.
A subsequent Planning and Zoning Commission work session was held on July 6 to further
discuss and recommend changes to the Mixed Use District guidelines. In particular, the
following changesla mend ments were proposed by the Commission:
• Reduce the minimum square footage requirement for townhomes to 1,200 rather than
the 1,600 square feet stated in the district to match that required in the "R-TH"
Townhouse District regulations
• Elimination of minimum height requirements for all categories within the district
• Require a conditional use permit for all free-standing single use structures
• Develop wording to require additional separation for structures adjacent to existing
residential uses
• Allow on-street parking to count towards a uses required parking total only if it is
adjacent/contiguous to the use in question.
Given the scope of the changes proposed and the need to further continue the discussion on
defining a geographic boundary for which a request to rezone property to the MXU District
can be considered, the Commission recommended the district be temporarily deleted from
the zoning ordinance in its entirety until it is completed.
Irs
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL 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
DELETING SECTION 40, "MXU" MIXED USE DISTRICT IN
ITS ENTIRETY; 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. 8273, 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 Regulations is hereby deleted in its
entirety.
Section 2. That 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. That 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. That 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 17th day of August, 2010.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 2