A.

Authority: The City Council may approve from time to time, by ordinance duly enacted, Planned Developments in the "PRD-6", "PRD-12", "PCD", and "PID" Districts; provided, however, that no such development shall be approved except in accordance with procedures established in this ordinance.

B.

Purpose: Development within a Planned Development District, other than with such uses as are permitted as a matter of right, shall be permitted only in accordance with an approved Master Development Plan. The Master Development Plan shall clearly indicate how the proposed development would comply with the city's Comprehensive Master Plan and would be consistent with the standards and purposes of the district applied for.

In addition, the Master Development Plan should be designed to ensure that the following general goals will be achieved.

(1)

Residential planned developments shall not exceed the density permitted by the adopted comprehensive plan.

(2)

The planned development shall be of such design that it will result in a development achieving the stated purposes of the planned development district more than would development under a conventional zoning district.

(3)

The planned development shall efficiently utilize the available land, and shall protect and preserve to the extent possible all scenic assets and natural features such as trees, streams and topographic features.

(4)

The planned development shall be located in an area in which transportation, police and fire protection, other public facilities and public utilities, including sewerage, are or will be available and adequate for the uses proposed; provided, however, that the applicant may make provision for such facilities or utilities which are not presently available.

The Master Development Plan is intended to provide the opportunity to submit a plan which will enable the city: To assess the desirability of particular development; to determine whether adequate public facilities can be provided; and, to measure the impact on present and future development in a given area of Grapevine. It is also intended to allow the developer to request approval for a master plan of development without incurring substantial planning and engineering costs. A public hearing is required prior to any official action by the city to allow the public the opportunity to comment on the proposed Master Development Plan.

C.

Contents of a Master Development Plan: In order to assist in the review of applications for planned development districts, the developer shall be required to submit a Master Development Plan, in accordance with the procedures established in this Section 46. All maps or plans submitted as part of a Master Development Plan shall be at an appropriate scale of not less than one inch to 200 feet and shall be presented on a sheet having a maximum size of 24" × 36". An 8½" × 11" reduced copy shall also be filed. If presented on more than one sheet, match lines shall clearly indicate where the several sheets join. The Master Development Plan shall include the following, in addition to any other information that the city or the developer may deem necessary to evaluate the impact of the proposed development on the surrounding areas.

(1)

The applicant's name and address and his interest in the subject property.

(2)

The name and address of the persons or firms that have a fee simple interest in the subject property, if different than the applicant, and the owner's, or owners', signed consent to the filing of the application.

(3)

The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development.

(4)

The names and addresses of any person whose interest in the applicant or the property in question would be a conflicting interest within the meaning of the provisions of Texas Local Government Code Section 171.002 et seq.

(5)

The legal description of the subject property.

(6)

The zoning classification and present use of the subject property and the Planned Development District classification which is requested by the applicant.

(7)

A survey, certified by a registered land surveyor, showing property boundary lines and dimensions, existing structures, available utilities, and easements on the subject property.

(8)

A statistical tabulation and summary of the following information:

(a)

The maximum number of dwelling units proposed by type of structure;

(b)

The maximum amount of square feet of building floor area proposed for commercial use and for industrial uses, by general type of use;

(c)

Total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses by types of structures, commercial uses, industrial uses, public and private open space, streets, and off-street parking and loading areas;

(9)

An aerial photograph at a scale of 1" =200' showing the boundaries of the proposed development district.

(10)

Map(s) delineating the existing physical characteristics of the site, including:

(a)

Topography at contours not more than ten feet;

(b)

Slopes of 15 percent or more;

(c)

Water courses, drainage ways, ponds, lakes and bodies of water;

(d)

Vegetation and tree cover;

(e)

Marshes and flood plains, including the delineation of 100-year flood plain, if applicable;

(f)

Drainage patterns;

(g)

Other physical features that may affect the development of the property that the developer may wish to provide.

(11)

A mapped and written description of the proposed development plan describing the following features of the project:

(a)

A general land use plan with a description of the type, location and nature of land use within each area of the development;

(b)

Proposed traffic circulation concept which illustrates both external and internal trafficways related to the development, including proposed rights-of-way, travel lanes, and other transportation improvements;

(c)

Generalized layout and description of water service, sanitary sewerage, utilities, refuse collection, fire protection and similar essential services;

(d)

A generalized landscape plan for the buffer and perimeter areas of the development;

(e)

A delineation and description of the minimum open space areas, including the buffer, and perimeter area;

(f)

A description of screening and berming adjacent to existing residential areas;

(12)

A written statement generally describing the proposed planned development; its relationship to the Comprehensive Master Plan; and how the proposed planned development is to be designed, arranged and operated in order to comply with the intent and policies of the Comprehensive Master Plan. The statement shall include a description of the applicant's planning objectives, the approaches to be followed in achieving those objectives and the rationale governing the applicant's choices of objectives and approaches.

(13)

A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed development.

(14)

If the planned development is proposed for construction in stages or units during a period extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted, stating the approximate beginning and completion date for each such stage or unit, the proportion of the total public and private open space and the proportion of each type of proposed land use to be provided or constructed during each such stage; and the overall chronology of development to be followed from stage to stage.

(15)

A proposed schedule for the provision of the required minimum open space, buffer, and perimeter areas.

(16)

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or commitment for title insurance.

(17)

When the proposed planned development, or stage thereof, includes provisions for public or private open space or service facilities, a statement describing the provision that is to be made for the dedication or care and maintenance of such open space or service facilities. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.

(18)

Copies of any restrictive covenants that are to be recorded with respect to property included in the Final Master Development Plan.

(19)

Data that determines the potential traffic impacts indicating the estimated amount of vehicular traffic that will be generated by the development, the capacity of external roads to handle site traffic, and a description of the traffic impact of the proposed development.

(20)

A written or graphic statement indicating how adequate essential services will be provided for the development. Essential services will include such items as roads, storm and surface drainage systems, potable water service, wastewater treatment and disposal service, solid waste disposal, emergency medical service, police service, and fire protection service. These, and similar essential services, shall be available prior to occupancy of any buildings and structures within a Planned Development District, and shall have adequate capacity to provide for the needs of the development.

These essential services may be staged in accordance with the approved phased steps of the development within the Planned Development District provided that each stage, or phase, is adequate for that level of development, and conforms to an overall plan for essential services for the district.

If existing capacity is unavailable, conditional approval may be granted by the City Council if the applicant of the Master Development Plan can demonstrate that (1) there is a feasible plan to expand the capacity of the affected essential services so that the enlargement or extension of such systems will not result in a higher net public cost or earlier incursion of public cost as delineated in the city's capital improvements program; or (2) if the applicant will provide private facilities, utilities or services, approved by appropriate public agencies, and assure their satisfactory and continuing operation until similar public utilities, facilities and services are made available; or (3) make provision acceptable to the city for off-setting any added net public cost or early commitment of public funds made necessary by such development; or (4) the applicant can demonstrate that essential services will be available prior to their request for a building permit.

D.

Procedure:

(1)

Initiation: An application for an amendment to reclassify property in a "PRD-6", "PRD-12", "PCD" or "PID" District and to approve a Master Development Plan for such property may be filed by the owner of, or any person having a contractual interest in and the consent of the owner of, the subject property.

(2)

Pre-application conference: Prior to filing any application for approval of a reclassification amendment and a Master Development Plan, the prospective applicant shall by letter request a pre-application conference with the Director of Public Works and the city staff. Such request shall include a brief and general description of the nature, location and extent of the proposed planned development.

The purpose of the pre-application conference shall be to assist the applicant in preparing a request for Preliminary Master Development Plan approval that conforms as nearly as possible to the requirements of this ordinance and the other ordinances and regulations of the city that will be applicable to the proposed development.

(a)

No applications may be submitted or accepted by the Director of Public Works or a designee, during the pre-application conference.

(3)

Optional concurrent submission of a site plan: The applicant may, at his option, submit a site plan for the proposed planned development simultaneously with the submission of the Master Development Plan. In such case, the applicant shall comply with all provisions of this ordinance applicable to submission of the Master Development Plan and to submission of a site plan. The Planning and Zoning Commission and the City Council shall consider such plans simultaneously and shall grant or deny Master Development Plan and site plan approval in accordance with the provisions of this ordinance.

(4)

Certification of application: Upon receipt of an application for approval of a Master Development Plan, the Director of Public Works shall review the application to determine whether it is complete and if it is, the director shall certify that the application is complete. If the director determines that the application is not complete, he shall notify the applicant, in writing, of the respects in which the application is deficient.

(5)

Staff review and comment: Upon certification by the Director of Public Works that an application for Master Development Plan approval is complete, the director shall request review and comment on the proposed development by the city staff and any other federal, state, county, or local governmental agencies as the director may determine to be affected by, or potentially interested in, the proposed development comments on the proposed Master Development Plan shall be filed with the director within 30 days of the date of certification that the application is complete. The director shall transmit all such comments, together with his comments and recommendation to the Planning and Zoning Commission within 45 days of the date that the Master Development Plan application has been certified to be complete.

(6)

Public hearing: A joint public hearing before the Planning and Zoning Commission and the City Council on the proposed Master Development Plan shall be set, advertised and conducted by the Planning and Zoning Commission Planning and Zoning Commission in accordance the provisions of Section 67 of this ordinance relating to amendments within 45 days after the Director of Public Works has certified that the application is complete. At such public hearing the applicant shall submit the proposed development plan for review by the commission together with such supporting testimony and documentation as he may believe necessary or desirable. The members of the public shall have the opportunity to comment on the proposed plan and submit such testimony and documentation with respect thereto as they may believe to be necessary or desirable.

(7)

Action by Planning and Zoning Commission: Within 15 days following the conclusion of the public hearing, the Planning and Zoning Commission shall consider the application and all comments, recommendations and submissions with respect to it and shall transmit to the City Council its findings and recommendation that the proposed Master Development Plan either be approved, be approved subject to modifications, or not be approved. Such recommendation shall be accompanied by the comments and recommendations of the Director of Public Works and all other comments with respect to the proposed development that have been filed with the director. In considering the Master Development Plan and formulating its recommendation, the Planning and Zoning Commission shall be guided by, and shall in its report specifically address, the standards made applicable to the proposed planned development by the applicable Planned Development District regulations of this ordinance. The failure of the Planning and Zoning Commission to act within 15 days following the conclusion of such hearing, or such longer period as may be agreed to in writing by the applicant, shall be deemed a recommendation for the approval of the Master Development Plan as submitted.

(8)

Action by City Council: Within 15 days following the receipt of the report of the Planning and Zoning Commission, or its failure to act as above provided, the City Council shall either refuse to approve the proposed Master Development Plan; shall refer it back to the Planning and Zoning Commission for further consideration of specified matters; or, shall, by ordinance duly adopted, approve the Master Development Plan, with or without modifications to be accepted by the applicant as a condition of such approval. An application for approval of a Master Development Plan shall not be denied solely on the ground that it contains a mixture of different types of residential units. In the event the City Council shall fail to act within the time limit herein specified, or the applicant declines to accept the modifications requested by the City Council, the Master Development Plan shall be deemed finally denied. In any case where the proposed Master Development Plan is resubmitted to the Planning and Zoning Commission, the commission shall undertake further consideration of the plan with the applicant and file its further recommendation with the City Council pursuant to Subsection D.7. above within 30 days of such resubmittal.

(9)

Notice of action: Within seven days of the City Council's action, or its failure to act as above provided, the Director of Public Works shall mail notice thereof to all parties of record to the public hearing.

(10)

Reapplication after denial: If the City Council has refused to approve a Master Development Plan, a subsequent application for approval of substantially the same plan may not be refiled until at least 12 months have elapsed since the action of the City Council in refusing to approve the said Master Development Plan.

E.

Rights of applicant:

(1)

Action by applicant: In the event a Master Development Plan is approved, or approved with modifications acceptable to the applicant, the applicant may proceed to file a site plan in accordance with the provisions of Section 47 of this ordinance. In any case where a site plan has been submitted for processing concurrently with a Master Development Plan and approved, the applicant may proceed to submit a subdivision plat and make application for such other permits as may be necessary for grading and for installation of utilities for streets.

(2)

Effect of Master Development Plan approval: Unless the applicant fails to proceed with development in accordance with the approved Master Development Plan or in any other manner fails to comply with any condition of this Section or any approval granted pursuant to it, a Master Development Plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired by any action of the city without the consent of the applicant.

F.

Action by applicant after approval: The approval of a Master Development Plan for a planned development shall not be considered to be final until the applicant has, prior to filing an application for site plan approval and building permits, filed with the Public Works Director a written statement agreeing to proceed with the proposed development according to the approved Master Development Plan and any conditions attached thereto, and to bind the successors-in-title to any commitments made for Master Development Plan approval. Upon receipt of such written statement, the approved Master Development Plan shall be filed in accordance with Section 46.G.

G.

Filing and recording: When a Master Development Plan is approved, the Public Works Director shall, within ten days of its approval, file a copy of the entire Master Development Plan in the permanent records of the department of public works of the City of Grapevine and in the deed record office for the county in which the property is located. All fees in connection with such filing and recording shall be paid, in advance, by the applicant.

H.

Designation of Planned Development District on Official Zoning Map: Following approval of a Master Development, the Director of Public Works shall cause the property included in the plan to be shown on the Official Zoning Map as "Planned Residential District (or Planned Commercial or Planned Industrial District, as the case may be) No. _______ approved by Ordinance No. _______."

I.

Time limit on Master Development Plan Approval: Within three years after the approval of a Master Development Plan, construction shall commence in accordance with such approved plan. If construction does not commence within three years, the city may rescind the approval of the Master Development Plan, or, on request by the applicant, may extend the time for commencement of construction for an additional year. If the applicant, or his successor, fails to commence construction within four years the approval of the Master Development Plan shall expire. If approval of a Master Development Plan expires or is rescinded, any permits issued pursuant to the Plan shall be revoked by the Director of Public Works. In the event approval of a Master Development Plan expires or is revoked, the property shall retain its planned development district classification but except for such development that is permitted as a matter of right, no development shall take place unless a new Master Development Plan has been approved.

J.

Successors in interest: Master Development Plan approval shall be binding upon the applicant, the owner or owners, and their successors in interest.

K.

Inspections during development:

(1)

Inspections by Director of Public Works: Following Master Development Plan approval of a planned development, or a stage thereof, the Director of Public Works or his deputy shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule and file his report with respect thereto with the City Council and the Planning and Zoning Commission.

(2)

Action by Director of Public Works: If at any time the Director of Public Works finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the Master Development Plan, he shall immediately notify the City Council of such fact and issue an order stopping any and all work on the planned development until such time as any noncompliance is cured.

(3)

Action by City Council: Within 30 days of such notice, the council may: (1) after a public hearing has been held pursuant to subsection D.6. above, revoke, by ordinance, the Master Development Plan approval; (2) take such steps as it shall deem necessary to compel compliance with the Master Development Plan as approved; or, (3) require the owner or applicant to seek an amendment of the Master Development Plan, as provided in subsection M below.

L.

Regulation during and following completion of development: Following Master Development Plan approval, the Master Development Plan, rather than any other provision of this ordinance, shall constitute the zoning regulations applicable to the subject property.

M.

Amendments to master development plan: An approved Master Development Plan may be amended, varied or altered in the same manner, and subject to the same limitations, as that established by this Section for its original approval provided that site plan review and approval pursuant to Section 47 of this ordinance shall be required in connection with any such proposed amendment, variance or alteration.

N.

Dedication and reservation of land for public use: Such land as may be required for public streets, parks, schools and other public uses shall be dedicated in accordance with the requirements of the City Subdivision Code, adopted Comprehensive Master Plan or other city plans or policies that may be applicable.

The land to be dedicated shall be clearly identified on the Master Development Plan and any subsequent site plans required as part of this ordinance. Whenever such dedication is a condition of Master Development Plan approval the applicant shall be credited with the density associated with such dedication and the city shall permit transfer of the density to remaining portions of the subject site. In the event any area is dedicated for public park purposes or other public open space, that area shall be credited to the minimum open space requirements required in the planned development district in which the property is located.

(Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 2024-111, § 46, 12-17-24)