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(a) Public hearing required. The zoning commission shall hold a public hearing on all applications for site plan approval. The procedures for hearing a request for approval of a site plan shall be in accordance with this section.
(b) Written notice. Written notice of the public hearing before the zoning commission shall be sent to the owners of real property within 300 feet of the property upon which a site plan has been submitted, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes, as their ownership appears on the last approved ad valorem tax roll. Such notice shall be served by depositing same, properly addressed and postage paid, in the United States mail. When property lying within 300 feet of the proposed site plan is located within territory which was annexed to the city after the final date for making the renditions which are included on the last approved tax roll, at least 15 days’ notice of the time and place of the public hearing shall be published in the official newspaper or a paper of general circulation in the city.
(c) Zoning commission recommendation. All recommendations by the zoning commission on-site plan approval shall be forwarded to the city council for setting and holding of a public hearing thereon.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)
(a) Review and evaluation. Any revisions to the site plan after the public hearing before the city council, except as permitted under subsection (b) below, shall be submitted to the planning and development department for distribution, review and written evaluation by city staff prior to resubmission to and approval by the zoning commission and city council.
(b) Minor changes.
(1) Minor changes to an approved site plan, which will not cause any of the following circumstances to occur, may be authorized by the development services director or a designee:
a. For all zoning districts other than mixed-use, form-based or urban residential:
1. A change in the character of the development;
2. A 5% or greater increase in the gross floor areas of structures;
3. Any substantial and material changes in such external effects on adjacent property as noise, heat, light, glare and vibration;
4. A substantial and material reduction in the originally approved separations between buildings;
5. Any adverse changes in traffic circulation, safety, drainage or utilities;
6. A 5% or greater increase in the height of structures;
7. A 10% or greater reduction in the originally approved setbacks from property lines;
8. A 5% or greater increase in ground coverage by structures;
9. A 5% or greater reduction in the ratio of off-street parking and loading space (provided that the minimum requirements of Chapter 6, Article 2 are met); and
10. A change in the size, height, lighting or orientation of originally approved signs.
b. For all mixed-use, form-based or urban residential districts:
1. A change in the character of the development;
2. A 5% or greater reduction or increase in the gross floor areas of structures;
3. Any substantial and material changes in such external effects on adjacent property as noise, heat, light, glare and vibration;
4. A substantial and material increase in the originally approved separations between buildings;
5. Any adverse changes in traffic circulation, safety, drainage or utilities;
6. A 5% or greater reduction or increase in the height of structures;
7. A 10% or greater increase in the originally approved front yard setbacks from property lines;
8. A 5% or greater reduction or increase in ground coverage by structures;
9. A 5% or greater increase in the ratio of off-street parking and loading space unless provided in structured parking (provided that the minimum requirements of Chapter 6, Article 2 are met); and
10. A change in the size, height, lighting or orientation of originally approved signs.
(2) The decision of the development services director as to whether requested changes are minor shall be final and non-appealable. Any change deemed not to be a minor change, as indicated above, shall be processed as a new application to the zoning commission in accordance with the provisions of this article.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 22490-11-2016, § 1, passed 11-1-2016, eff. 12-1-2016; Ord. 24030-02-2020, § 22, passed 2-4-2020)
(a) Criteria. During the site plan review and evaluation process, the following criteria shall be considered:
(1) The nature and character of the development and adequacy of the buffer between proposed improvements on the site and adjacent property;
(2) The adequacy of utilities, access roads, drainage and other necessary supporting facilities that have been or will be provided;
(3) The adequacy of the design, location and arrangement of all driveways and parking spaces so as to provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;
(4) The adequacy of any nuisance prevention measures that have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;
(5) The effect directional lighting will have on neighboring properties; and
(6) The impact of the proposed development on adjacent property values and on the ability of the adjacent property to be developed.
(b) Additional requirements. In approving a site plan, the zoning commission or city council may impose additional reasonable requirements necessary to protect the public interest and welfare of the community.
(c) Violation of conditions. The violation of any condition or requirement on an approved site plan or any construction or use that is not in compliance with an approved site plan shall be deemed to be a violation of the ordinance which granted the “PD” district zoning change subject to site plan approval.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)
(a) Map designations. The permitted use or uses of property located in the “PD” district shall be determined at the time the district is approved by using the suffixes described below.
(1) The suffix “SU” (specific use) may be selected and added as a suffix to the “PD” district to note that the city council has approved a specific use or uses or a class of generic uses such as offices, retail, personal services, educational facilities or warehousing. In the event certain uses are deemed inappropriate, the use of the property may be further restricted by eliminating certain uses from the category of uses.
(2) Any commercial or industrial district (Chapter 4, Articles 9, 10 and 13) may be selected and added as a suffix to a “PD” district, which permits the property to be used for any use or uses included in the list of permitted uses for the indicated district.
(3) Approval of a “PD” district in combination with a suffix of another zoning district, or approval of a “PD” district in combination with an “SU” suffix shall be deemed approval of a more restrictive district than approval of such zoning without a “PD” designation, provided that the approved use was permitted in the district indicated in the public hearing notice. Uses permitted in a “PD” district through addition of the suffix for another zoning district, may be refined through exclusion of specified uses otherwise permitted in the district.
(b) Reserved.
(c) Specific commercial uses permitted in “PD” district only. The following uses are permitted only through approval of a planned development in accordance with the procedures in this article.
(1) Reserved.
(2) Reserved.
(3) Reserved.
(4) Reserved.
(5) Reserved.
(6) Game rooms. Game rooms shall only be considered in existing Light Industrial ("I"), Medium Industrial ("J") or Heavy Industrial ("K") districts and the use must then be approved as a Planned Development ("PD") District. A person, including the manager, operator or owner of a game room, commits an offense if he or she operates or permits the operation, or establishment of a game room in any other zoning district. Additional development controls shall be required, as follows:
a. No game room shall be located within 1,000 feet of a residential use or residential district, church, school or hospital. The distance shall be measured in a straight line without regard to interfering objects or structures from property line to property line or property line to district boundary, whichever is more restrictive.
b. No game room shall be located within 1,000 feet of any other game room from property line to property line.
c. Each entrance to a game room shall be marked with a sign that:
1. Bears the word "GAME ROOM" in six inch or larger black block letters; and
2. Is legible from a distance of 25 feet.
d. Every game room shall provide transparent glass in at least one exterior game room window with a dimension of at least four feet in width and four feet in height and shall not cover or otherwise block or obscure the view through a game room window by the use of drawn shades, blinds, partitions, tinting or other structures or obstructions. The window shall allow a clear, unobstructed view of the manager station and all amusement redemption machines in the game room.
e. The sale, purchase, possession or consumption of any alcoholic beverages as defined by the Texas Alcoholic Beverage Code shall not be permitted unless the premises is licensed under the provisions of said code for the sale, purchase or possession of alcoholic beverages.
f. Every game room shall be limited to a maximum of 30 amusement redemption machines.
g. Only one game room shall be allowed on any lot or in any single building, structure or tenant space in a strip center.
h. Only one game room shall be permitted on any platted lot or in any building, structure or strip center.
i. Game rooms are limited to the operation of amusement redemption machines; gambling devices shall not be allowed.
j. A site plan, landscape plan and floor plan of the game room interior shall be submitted in addition to any other plans that may be required by the city's ordinances, drawn to scale and sealed by a professional engineer or professional architect licensed by the state depicting the layout of the game room interior specifically including, but not limited to, the location of all amusement redemption machines, the manager's station(s), restroom facilities, kitchen and bar facilities, if any, and all areas to which patrons will not be permitted.
k. Existing game rooms shall comply with the requirements of this section within 90 days of the effective date of these regulations.
l. One designated parking space shall be provided for each two amusement redemption machines within the game room, plus one additional parking space for each employee per shift.
m. The Board of Adjustment shall not grant any variances to the requirements of this section.
(d) Specific industrial uses permitted in “PD” district only. The following uses are permitted only through approval of a planned development in accordance with the procedures in this article:
(1) Cement, lime, gypsum or plaster of Paris manufacture;
(2) Coke ovens;
(3) Creosote treatment or manufacture;
(4) Landfill, recycling center, household hazardous waste or waste tire facility:
a. Facilities handling, processing and loading of municipal solid waste and recyclable materials for transportation at transfer stations; storage, processing, bailing or reclamation of paper, glass, wood, metals, plastics, rags, junk, concrete, asphalt and other materials at materials recovery facilities and recycling centers; disposal, dumping or reducing of offal or dead animals; composting for yard and wood wastes, municipal solid waste and/or sludge at composting facilities; collection and storage of household hazardous wastes; and processing and storage of scrap tires at waste tire facilities, subject to the requirements set out below. For purposes of this subsection (d), such facilities are further defined by Tex. Administrative Code Title 30, Chapter 330, Municipal Solid Waste, § 330.3, and Tex. Administrative Code Title 30, Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, § 335.1. The operator shall comply with the following requirements:
1. Submit a site development plan for review that provides detailed information about the design and development of the facility and that addresses:
i. Zoning and land use within one-quarter mile of the site;
ii. Proximity to residences, businesses and other uses;
iii. Availability and characteristics of access roads including current traffic volumes and impact of proposed facility on roads and traffic;
iv. Locations of all existing and proposed buildings, equipment and machinery;
v. Fire prevention and control;
vi. Groundwater, drinking water and surface water protection including wash areas, stream or water course diversions, holding ponds and tanks;
vii. Screening fences, berms, buffers and landscaping;
viii. Provisions for all activities including loading, unloading, handling, processing of materials and maintenance and storage of containers, vehicles and other equipment and machinery to be done within the confines of the facility and behind required screening fences; and
ix. Erection and maintenance of signage at the entrance to the facility that is clearly visible to the public and identifies the owner, operator, business address, telephone number and hours of operation of the facility.
2. Obtain, maintain and have available on-site all required permits and comply with all federal, state and local regulations that relate to the collection, transportation, handling, processing and disposal of all materials for which the facility is approved.
3. Submit and maintain on-site an operations plan that addresses:
i. Provisions for preventing unauthorized wastes and materials from being brought to the facility;
ii. Procedures for identifying, handling, removing, transporting and disposing of unauthorized wastes and materials that may have been brought to the facility;
iii. Procedures for controlling water runoff, erosion, dust, odors, vectors and rodents;
iv. Procedures and employee training for fire prevention and control;
v. Litter control and cleanup; and
vi. Procedures for reporting and handling fuel and chemical spills.
4. Provide proof of financial security by submitting documents showing compliance with federal and/or state financial assurance requirements or by submission of performance bond sufficient to ensure that maximum amount of materials stored or accumulated on-site at any one time can be properly recovered and disposed of in the event that the owner/operator is unable to do so.
b. City council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and local regulations, codes and ordinances. The operator and/or owner shall provide in writing for access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety.
c. The planning and development department may not issue a certificate of occupancy until the operator of such facility submits proof that the operation of the facility has been approved by all applicable federal and state regulatory agencies as required by law.
(5) Manufacture, processing or production of hazardous chemicals (including acid, ammonia, bleaching powder or chlorine manufacture, and explosives manufacture and storage);
(6) Manufacture of heavy rubber products;
(7) Metal smelting, reclamation or ore reduction of tin, copper, lead, zinc or iron ores;
(8) Mining, quarrying, dredging or excavation of dirt, gravel, sand or stone, for the purpose of removing, screening, crushing, washing or storage of ore, clay, stone, gravel or similar materials, subject to the following requirements:
a. Provision of a site plan of all existing conditions, including topography at five-foot intervals, streams, lakes and other bodies of water, roadways, utility lines, structures and major vegetation, including canopy cover;
b. Identification of any known protected species of plant, fish or animal life, or the presence of areas of historic, cultural or archeological significance. Such property that is found to be protected or of significant public interest shall not be included in any area approved for mining;
c. Delineation of all permits and licenses (including NPDES and Texas air control board) required for the operation of such a facility, name of contact person, agency address and telephone number of all permitting agencies and verification of approval of same prior to operation;
d. Submission of a plan of operation, including scheduling of activities, phasing, traffic generation, employees and use of explosives or other hazardous or caustic materials or chemicals;
e. Analysis of potential impacts to adjacent properties (especially residential) due to dust, noise, water runoff and diversion, ground water alteration, silting, sedimentation, erosion, traffic and mitigation measures to control such impacts. Submittal of drainage study if deemed necessary by the department of transportation and public works. When deemed appropriate, as a mitigation measure of the site perimeter, city council may require appropriate buffering, berming, screening and landscaping greater than that required under this zoning ordinance, which shall be maintained in a proper manner at the expense of the property owner. All mitigation measures must be installed and completed prior to any physical mining of the site;
f. Submission of plan for protection of adjacent rights-of-way and streets if mining operations are planned within 50 feet of such rights-of-way and streets, and approval of plans required from the transportation and public works director;
g. Approvals from all utility service providers, transmission, electric and pipeline companies for work around, near or across such utility facility, including approvals for relocation of such utility facility if required;
h. Site plan identifying all proposed structures, operating facilities, loading and wash areas, roadways, stream or water course diversions, holding ponds/tanks, temporary power lines and other site improvements;
i. A reclamation plan, including final topography contours, at five-foot intervals, relocated stream beds, lakes, ponds and other physical features, type and depth of surface material, seeding and replanting plan for restoration of the original canopy cover of the site, including any required cross-section and engineering/construction plans as approved by the city forester or a soil conservation scientist. It is recommended that plant materials native to the site be used;
j. Submission of a performance bond or cash payment for each phase as required under the standard contract for community facilities agreement of the city to ensure that all restoration costs in accordance with the reclamation plan of the site are met;
k. Provision of a clearly visible sign at the entrance to the mining operation identifying the name, business address and phone number of the facility owner and operator in compliance with the requirements for on-premises signs; and
l. City council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and city regulations, codes and ordinances. The operator and/or owner of a mining operation shall provide in writing for the limited access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety. Such access approval shall be a prerequisite and part of the conditions of approval of the “PD” district.
(9) Packing plants, including slaughtering of animals and processing of by-products;
(10) Oil drilling and production;
(11) Paper and pulp manufacture;
(12) Petroleum refining or wholesale storage;
(13) Rock, cement crushers and stone quarries;
(14) Rolling mills; and
(15) Line compressors.
a. Line compressors shall also be permitted in “I” light industrial, “J" medium industrial and “K” heavy industrial districts.
b. A site plan is required and shall not be waived.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 20999, § 1, passed 10-15-2013; Ord. 21499-10-2014, § 1, passed 10-14-2014, eff. 10-23-2014; Ord. 23609-03-2019, §7, passed 3-19-2019)
In addition to any other specific regulations, the following standards shall apply in any “PD” district.
(a) The city council, in approving any “PD” district, may designate the maximum height, floor area and/or other restrictions on the development of such uses.
(b) The height and yard regulations of the most restrictive district in which the approved use or uses are allowed shall constitute the minimum development requirements; provided, however, that the city council or zoning commission may impose more restrictive requirements in order to minimize incompatibilities.
(c) Unless indicated on the approved site plan, the sign regulations in the most restrictive district in which the approved use or uses are allowed shall be followed.
(d) The parking requirements of Chapter 6, Article 2 shall apply to all commercial and industrial uses in the “PD” district. Parking requirements for apartments and multifamily dwellings in the “PD” district shall be determined in accordance with the unified residential development provisions in § 6.506
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)
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