HomeMy WebLinkAboutItem 06 - Entertainment and Attraction Overlay CC ITEM #6, 29
PZ ITEM #4
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 t o t he zoning ordinance relative tot e creation of Section 41A. 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 t o t he 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 tote proposed ordinance as a result of that workshop, primarily tote Standards
section with the removal oft o paragraphs that appeared to have conflicting intent and the
addition oft "PO" Professional Office District and the "CN" Neighborhood Commercial
District tot list of districts that are prohibited from the establishment of the overlay.
Attached is the draft ordinance oft proposed Section 1 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:\AGENDA\2013\04-16-13\AM I 3-02.4.docAM 13-02.4
411112013 11:23:25 AM
CC ITEM #6, 29
PZ ITEM #4
• Reducing or eliminating minimum district size requirements
• Increased build ing/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 oft is 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
RAGENDA\2013k04-16-13\AM I 3-02.4.doc
4111/2013 1:47:03 PM
2
DRAFT COPY CC 110[4rM(3, 29
PZ ITEM #4
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 modem 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 o f t his 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 forte 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, is shall be
forwarded tot 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, it Council, or the Director of
Development Services. Failure to meet the following submittal requirements will
result in the rejection of the application.
1 e The applicant's name and address and interest in the subject
property.
041 613 Section 41 A
DRAFT COPY CC ITOMS, 29
PZ ITEM #4
2. The owner's name and address if different than the applicant and
the owners signed consent t o t he 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 e f t he 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. are 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 for required as set out in Section 67,
Amendments o f t his 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 on 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 Section 41 A
2
DRAFT COPY CC I10AM3, 29
PZ ITEM #4
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 o f t his 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 o f t he
applicant, if any, upon is 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 fort e
establishment of an Entertainment and Attraction Overlay: "R-20,"
"R-12.5," and "R-7.5," Single Family Districts; "R-5.0" Zero t 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 Section 41 A
3
DRAFT COPY CC IIMM3, 29
PZ ITEM #4
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
designations all be eligible for the provisions o f t his ordinance provided t a t he
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 fort 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 fort e 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 Section 41 A
4
I
DRAFT COPY CC ITJAMS, 29
FEZ ITEM #4
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 tote 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.
I. LANDSCAPING REQUIREMENTS- Relief from strict compliance with
landscaping requirements may be permitted. Requirements associated
041613 Section 41 A
5
DRAFT COPY CC 11MM3, 29
FEZ ITEM #4
with landscaping shall be initially established in accordance with Section
53, Landscaping Regulations e f t he zoning ordinance. When varying from
the guidelines within Section 53, Landscaping Regulations, the applicant
shall provide the method for establishing then standards and the
conditions necessary for the change in standards from those established.
J. MASONRY REOUIREMENTS: 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 549 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 o f t he
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 then 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 Section 41 A
6
DRAFT COPY CC IINM(3, 29
PZ ITEM #4
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 fort e change in standards from the underlying zoning district.
0. 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 on 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 o f t his ordinance when necessary. Such
conditions shall be set out in the Ordinance approving the Entertainment
and Attraction Overlay.
041613 Section 41 A
7
CC ITEM ,
PZ ITEM #4
ORDINANCE
r
ORDINANCE AN THE CITY I I 1°1V
GRAPEVINE, TEXAS, I I 82-73,
COMPREHENSIVE THE I NG ORDINANCE OF THE CITY
OF GRAPEVINE, TEXAS, I
APPENDIX "D" OF THE CODE OF ORDINANCES OF THE
CITY OF GRAPEVINE, TEXAS, THE CREATION
SECTION 41A ENTERTAINMENT AND ATTRACTION
OVERLAY; PROVIDING A PENALTY OF FINE
T T
EXCEED TWO THOUSAND DOLLARS ($2,000.00) F
SEPARATE EACH OFFENSE AND A
DEEMED COMMITTED EACH DAY DURING WHICH
AN OFFENSE OCCURS OR CONTINUES; PROVIDIN
SEVERABILITY 9 DECLARING AN EMERGENCY
AND PROVIDING TI T
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY GRAPEVINE,
Section 1. That Ordinance No. ® 3, the r siv Zoning r in nce of
the i of r vin , Tees same being also known as Appendix "D" of the Code of
Ordinance of the City of r vi , Texas is hereby amended in the following particulars,
and II other section, subsection, paragraphs, definitions, words and hr i
appendix °' are not amended but are or ratified, verifi n it
A. That Appendix"D" is amended by the creation c i n 41 A Entertainment
and Attraction v rlay to read as shown in the t c hed Exhibit " ".
Section 2. That any person violating ny of the r vi i ns of this ordinance shall
deemed be uil of is nor and upon conviction thereof shall be fined in a sum
not to exceed Two Thousand Doll ($2,000.00)for each offense n d a separate offense
shall be deemed committed c y during or on which an offense occurs or continues.
Section 3. That if any section, article, paragraph, sentence, cl us r or
word in this ordinance, or application thereto any person or circumstances is I invalid or
unconstitutional y a Court competent jurisdiction, such holding shall not affect the
validity of the remaining porti s oft is ordinance; and the City Council hereby declares it
would have ss such remaining portions of the ordinance despie such invalidity, is
remaining po io shall remain in full force and effect.
Section . That the fact that the r ordinances and regulations o the City of
Grapevine, T r inadequate to properly safeguard the health, , morals, peace
and r ! welfare of the community creates an emergency which requires is
CC ITEM #6, 29
PZ ITEM #4
ordinance become effective from and after the date of its passage, and it is accordingly so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of April, 2013,
APPROVED:
ATTEST-
APPROVED AS TO FORM:
ORD. NO. 2