§ 36. PCD Planned Commerce Development District.
A.
Preamble: The Planned Commerce Development (PCD) District is designed to accommodate commercial, noise-proof industrial and commercial and low intensity office-commercial development in accordance with the comprehensive master plan. The district provides for two methods of development:
1.
Standard development permits commercial development subject to the same restrictions as apply in the CC Community Commercial District on tracts of at least two acres in size, and hotel development exceeding 500 guest rooms subject to the same restrictions as apply in the HCO Hotel/Corporate Office District and hotel development of 500 guest rooms or less approved pursuant to a conditional use permit subject to the same restrictions as apply in the HCO Hotel/Corporate Office District and any additional restrictions included in the conditional use permit. In the event of a conflict between the HCO requirements and the requirements included in the conditional use permit the requirements in the conditional use permit shall prevail.
Due to the unique development requirements of hotels exceeding 500 rooms, it is generally recognized that the requirements established in Section 60, Sign standards may be difficult to provide. The planning and zoning commission may recommend and the city council may approve a request to vary from the standards established in Section 60 when appropriate.
2.
Planned development is an optional form of development which may be permitted provided an applicant submits and the city council approves a master development plan for the property. In a planned commercial development, mixed commercial developments are permitted.
B.
Purpose: The purpose of the standard form of development in the PCD District is to permit an owner, as a matter of right, to develop retail space and commercial uses on lots not less than two acres in area.
The purpose of the optional planned development method, within the PCD District, is to provide a method for the coordination of retail, office, hotel, commercial, and similar uses in a parklike setting. Approval of the planned development option will provide a mechanism to achieve development which will contribute to the diversification of the city's economic base in a manner consistent with the comprehensive master plan.
The purpose of the PCD District is to provide a unique new zone for the coordination of industrial, retail, office, commercial, and government uses in a parklike setting.
These regulations are also designed to facilitate a mix of land uses not provided for in other zoning districts. It is intended that these regulations protect adjacent development from adverse impacts, associated with economic development, and promote efficient and economic land use. The district requirements achieve this through physical design standards characterized by: a landscaped setting, extensive open space, low ground coverage of buildings, and coordinated design elements. Master development plan and site plan approval is required for this district. Development intensity will be limited to a floor area ratio of 1.5.
C.
Intent: The PCD District is designed to provide for retail, commercial and office development, as a matter of right, for those uses permitted in the PO, CC, CN, and HCO Districts, or alternatively, to provide for development with a variety of employment generating uses in conformity with a master development plan, approved by the city council pursuant to Section 46 of this ordinance and the standards and restrictions in this Section 36. The PCD District is primarily designed and intended to apply to those areas of the city which are located within Airport Noise Zones B or C and are designated for industrial, noiseproof, industrial-commercial and low intensity office-commercial on the future land use plan for the City of Grapevine. It is the intent, under the planned development option, to allow a variety of employment opportunities, consistent with the airport noise overlay standards, to occur in a single stage or in approved development phases provided these development stages or phases are consistent with an approved master development plan.
D.
Standard development option: Any use permitted in the PO, CC, CN, or HCO Districts shall be permitted as a matter of right within a PCD District. In the event the standard development option is chosen by the landowner, all development shall be regulated by the criteria established in the most restrictive zoning district in which the particular use would be permitted, provided, however, that each such use shall be located on a lot not less than two acres in size.
E.
Planned development option: Upon approval of a master development plan in accordance with Section 46 of this ordinance and in compliance with the following development standards, the city council may authorize an applicant to utilize the planned development option within the PCD District.
1.
Conditions for application and approval: The following conditions and procedures shall govern the application for, and approval of, a planned development within the PCD District. No building permits or other development approval shall be issued for any development activity except for standard development permitted under Section 36.D of this ordinance, until the following conditions have been satisfied:
(a)
Ownership: An application for approval of a master development plan, under the planned development option, may be filed by a person having a legal interest in the property to be included in the master development plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, in a form satisfactory to the city attorney, prior to final approval of the plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The master development plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application.
(b)
Approval of master development plan required: Under no circumstances shall an applicant be granted development approval under the planned development option until a master development plan is approved by the city council in accordance with the provisions of Sections 36 and 46 of this ordinance.
(c)
Site plan required: No building permit shall be issued for any development under the planned development option until a site plan, consistent with the approved master development plan, is approved in accordance with the provisions of Section 47 of this ordinance.
(d)
Minimum parcel size: A master development plan shall not be approved unless the total site contains not less than 25 contiguous acres of gross area, provided, however, the planning and zoning commission may recommend and the city council may approve a PCD master development plan for a site containing less than 25 acres if they find that unusual or unique characteristics of the site or its vicinity make development pursuant to a master development plan advisable and if the proposed development of the site is consistent with the purpose and intent of this section.
(e)
Conformance with the comprehensive master plan: All development activity and proposed land uses within the PCD District shall be consistent with the goals, objectives and policies of the comprehensive master plan and any area proposed for a PCD District shall be substantially within the area shown on the future land use map as being located within Airport Noise Zones B and C.
(f)
Perimeter buffer yard: Each PCD District shall, as part of the approved master development plan, provide a perimeter buffer yard in conformance with Section 36.4(j) of this ordinance.
(g)
Each property owner who initially purchases property within a PCD District shall be provided with a copy of the approved master development plan and any restrictions or conditions related to that plan by the developer.
(h)
All industrial development activity shall be capable of conforming to the performance standards established in Section 55 of this ordinance.
2.
Permitted uses: The PCD District is intended to accommodate mixed use commercial development where the various land uses and development components are physically and functionally integrated. Permitted uses are intended to incorporate community and regional commercial activities; professional and corporate office development; hotel and motel uses; light manufacturing and research. To provide for compatible land use associations, specific permitted uses within the PCD District are categorized among four land use groups, which may be permitted in certain locations consistent with a master development plan, shall generally direct the following land use groups in subsections 2(a) through 2(b) below, to particular areas of the site. Whenever an area is indicated for a particular land use group, the other use groups may be integrated into this area provided that the primary use so designated shall occupy a minimum of 75 percent of that land area.
No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, under the planned development option for other than one or more of the following uses:
(a)
Any use permitted in the CN Commercial neighborhood and CC Community commercial districts (Group 1).
(b)
Any use permitted in the HCO Hotel corporate office district (Group 2).
(c)
Any use permitted in the PO Professional office district (Group 3).
(d)
The following uses that are permitted in the LI Light industrial district shall be permitted provided that such uses do not occupy more than 15 percent of the total site area within the PCD District and such uses conform to the performance standards established in Section 55 of this ordinance (Group 4).
(1)
Manufacturing, assembly or packaging of products from previous prepared materials, such as cloth, plastic, paper, leather, precious or semiprecious metals or stones.
(2)
Manufacture of electric and electronic instruments and devices, such as televisions, radio and phonograph equipment.
(3)
Manufacture of food products, pharmaceuticals and the like, except that such uses shall not include production of fish, or meat products, sauerkraut, vinegar or the like, or the rendering or refining of fats and oils.
(4)
Experimental and testing laboratories.
(5)
Research and development activities.
3.
Accessory uses: Any accessory use permitted within the HCO, PO and CC Districts shall be permitted as accessory uses to a principal use provided that no such accessory use shall be a source of income to the owner or occupant of the principal use.
4.
Lot, area and density regulations: Each lot or parcel of land created within an approved PCD District shall comply with the following requirements:
(a)
Minimum size: Each lot created within a PCD District shall have minimum land area of at least 20,000 square feet provided that the average of all lots or parcels of land created within the total PCD Districts shall have an average lot size of at least one-half acre.
(b)
Minimum lot frontage: Each lot or parcel of land shall have minimum frontage of 100 feet on an approved public or private street. Whenever a lot or parcel of land fronts on a cul-de-sac or similar street curve with extraordinary features, the minimum lot frontage may be reduced to 50 feet provided that any building or structure created on said reduced lot frontage shall have a minimum width of 100 feet at the front building setback line.
(c)
Maximum density: The maximum lot coverage by principal buildings and other structures shall not exceed the following percentages of the lot area for each land use group provided that the development meets all buffer yards, open space and setback requirements.
Group 1—Commercial uses ..... 50 percent
Group 2—Hotel-corporate office ..... 40 percent
Group 3—Professional office ..... 30 percent
Group 4—Light industrial use ..... 50 percent
(d)
Minimum open space lots: All lots created within a PCD District shall maintain a minimum open space area equal to 30 percent of the total lot area. No building, structure, accessory use, parking or loading area or storage areas shall be included in the calculation of the minimum open space area. Landscaping of these areas shall be in accordance with Section 53 of this ordinance.
1.
Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site.
(e)
Distance between buildings: No two buildings on the same parcel may be located closer to one another than a distance equal to the height of the lower building.
(f)
Maximum impervious area: The maximum impervious area of any lot created within the PCD District shall not exceed 75 percent of the total lot area. The cumulative impervious area for the entire PCD District shall not exceed 70 percent.
(g)
Minimum yard requirements: Each lot or parcel of land created within a PCD District shall conform to the yard requirements of the most restrictive zoning district in which the building would be permitted as a matter of right. Minimum yard requirements of interior lots may be waived by the planning and zoning commission provided that all lots shall have a front yard of not less than 25 feet.
(h)
Maximum height: No building or structure shall be erected or altered to a height exceeding 40 feet unless additional front yard space is provided. For each additional three feet of front yard, in excess of 25 feet, the height of the building may be increased by ten feet provided that: All allowable heights shall conform to the Airport Height District regulations; no building shall exceed 100 feet in height; and no building within 200 feet of any residential district shall exceed 40 feet in height.
(i)
Perimeter buffer yards: Each PCD District shall maintain a buffer yard around the entire perimeter of the property. The perimeter buffer yard shall be at least 100 feet in width as measured from the property line. As an alternative, on any side the 100-foot wide perimeter buffer yard may be reduced to 60 feet in width provided a three-foot high berm is within the 60-foot wide buffer yard around the entire perimeter of the property and the berm is landscaped with grass, trees, shrubbery and similar landscaped elements that are sufficient to protect adjacent views.
No buildings, accessory buildings, parking and loading areas, storage areas or other principal users shall be permitted within the perimeter buffer yards. However, perimeter buffer yards may contain parks, waterways, stormwater detention and retention areas, lakes, nature trails, picnic areas and natural areas. Railroad right-of-way and road rights-of-way for the purpose of ingress and egress to the PCD District may cross perimeter buffer yards provided such roads and rights of way minimize the amount of buffer yard devoted to such use. The width of a side or rear buffer yard may be reduced by the planning and zoning commission under the following circumstances: the affected buffer yard is adjacent to and abuts a freeway or limited access highway with a right-of-way of at least 200 feet in width; the affected buffer yard is adjacent to and abuts an electric transmission or other utility right-of-way at least 150 feet in width; or, the affected buffer yard is adjacent to and abuts an existing or zoned nonresidential area and further provided that the uses in the adjoining areas are of a compatible nature.
A primary purpose of the perimeter buffer yards is to maintain a parklike setting for PCD Districts and to assure that potentially adverse affects associated with commercial development are mitigated. Therefore, the perimeter buffer yards shall be appropriately landscaped with grass, trees, shrubbery, berms and similar landscape elements. Natural areas that may exist within the designated perimeter buffer yards, shall be maintained whenever possible and incorporated into the landscape design.
(j)
Screening from adjacent residential areas: Whenever a PCD District is created adjacent to an existing or zoned residential area, that portion of the perimeter buffer yard abutting the residential area shall be designed to screen effectively the adjoining residential area. Such screening area shall have a minimum height of eight feet and may consist of trees, shrubbery, evergreen planting materials, walls, berms, fences (except that chain-link fences shall be prohibited) and similar materials that will form an opaque screen of at least 75 percent within two years from time of planting.
After a PCD District is approved, any residential zoning district that is created adjacent to or abutting any boundary of the PCD District shall provide the following:
(1)
No residential structure shall be erected within 75 feet of the PCD District boundary.
(2)
Any side or rear yard that adjoins or abuts the boundary line of a PCD District shall contain a landscape buffer strip of at least 20 feet in width and shall be appropriately landscaped with trees, shrubbery, berms, evergreen planting materials or walls.
(3)
Minimum open space: Each PCD District shall maintain an area equivalent to not less than 40 percent of the total land area of the district in open space. This minimum open space may include the perimeter buffer yard and those portions of required yard areas not devoted to urban use provided that each individual lot or parcel within the PCD District maintain a minimum open area equivalent to 30 percent of the total land area of the individual lot or parcel area. This minimum open space shall have the following characteristics: The minimum open space shall not be improved with buildings, structures, driveways, roads, parking or loading areas, outdoor storage or similar uses. Minimum open space areas may include active and passive recreation areas, park areas, waterways, lagoons, retention/detention ponds, floodplains, nature trails, picnic areas, landscape areas and open space in natural condition. Land designated as minimum open space shall be appropriately landscaped with grass, trees, vegetation, open space in natural condition and similar landscape elements as required by Section 53 of this ordinance. The owner(s) and/or developer(s) of a PCD District shall file an appropriate legal instrument, satisfactory to the city attorney, providing for the continuous maintenance of the minimum open space areas with the PCD District and restricting said minimum open space area perpetually. Such instruments shall be binding upon the developer, its successors, and assigns and shall constitute a covenant running with the land and be in recordable form.
F.
Off-street parking: Off-street parking shall be provided in accordance with the provisions of Section 56 of this ordinance.
G.
Off-street loading: Off-street loading shall be provided in accordance with the provisions of Section 57 of this ordinance.
H.
Masonry requirements: The masonry requirements of Section 54 shall be met.
(Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 85-22, § 3(B), 5-21-85; Ord. No. 98-115, § 1A, 9-15-98; Ord. No. 2001-34, § 1(Exh. K), 4-17-01; Ord. No. 2004-05, § 1A, 1-20-04)