A.

Applicability: Site plans, prepared and approved in accordance with the provisions of this section, shall be required to assist the Planning Services Department in the review of certain applications for building permits, to assure compliance with all applicable requirements and standards of this ordinance, and in such other instances as may be required by the terms of this ordinance. Whenever a site plan is required by this section, or any other provision of this ordinance, the city shall not issue any building permit until a site plan, which is in compliance with the applicable zoning district regulations, is approved.

B.

Authority:

1.

The Director of Planning Services shall, subject to the procedures, standards and limitations hereinafter set forth, review and approve site plans for those uses listed under Section 47.C.1—C.5 of this ordinance.

2.

Any site plan that is required by Section 47.C.6 of this ordinance shall not be approved until:

a.

The Director of Planning Services has reviewed the site plan and made a report to the Planning and Zoning Commission, with respect of whether the plan complies with codes and ordinances of the city;

b.

The Planning and Zoning Commission has received the site plan and made a recommendation to the City Council with respect to whether the site plan is in substantial conformity with the approved master development plan for this property; and

c.

The City Council has reviewed and approved the site plan as being in substantial conformity with the approved master development plan.

3.

Any site plan that is required by section 48 of this ordinance shall not be approved until a conditional use permit has been authorized by the City Council.

C.

Development and uses requiring a site plan: Site plan review and approval, in accordance with the provisions of this section, shall be required for the following developments and uses.

1.

Any permitted secondary, or conditional use in the following residential districts: "R-3.5", "R-3.75", "R-TH", "R-MF".

2.

Any permitted, secondary, or conditional use in the following commercial districts: "LB", "GV", "CN", "CC", "HC", "P-O", "HCO" and "RA".

3.

Any permitted, secondary, or conditional use in the following industrial districts: "BP" and "LI".

4.

Any development or redevelopment within the Airport Noise Overlay Districts.

5.

All permitted, secondary, and conditional uses in the "GU" District.

6.

All development in the "PRD-6", "PRD-12", "PCD", and "PID" districts except single-family detached dwellings and their related secondary uses and structures. Any site plan issued in connection with a planned development district must be in conformance with the approved master development plan for that district.

7.

Any permitted, secondary, or conditional uses in the Historic Grapevine Township District.

D.

Exempt development: The following activities and uses shall not require compliance with this section unless otherwise required by this ordinance:

1.

Construction of a single-family detached dwelling on an existing or platted single-family lot, except for single-family dwellings in the Historic Grapevine Township District.

2.

Construction of any permitted secondary use to a single-family dwelling on an existing or planned single-family lot, except for single-family dwellings in the Grapevine Township District.

3.

Deposit and contouring of fill on land, provided other regulations of the City of Grapevine are met.

4.

Additions to any buildings or use, legally existing at the date of this ordinance, when such addition does not exceed 200 square feet or one-third of the gross floor area of the existing building or use, whichever is greater. This exemption does not apply to additions to buildings in the HGT District.

5.

Any permitted use of a temporary nature for a period not to exceed one year.

E.

Contents of site plan application:

1.

Whenever a site plan is required under Subsection C, the application for site plan approval shall include the following information and material:

(a)

Site plan application:

(1)

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

(2)

The owner's name and address, if different from the applicant, with the owner's signed consent to the filing of the application.

(3)

Street address and legal description or a metes and bounds of the property on an 8½ by 11-inch sheet of paper.

(4)

The zoning classification and present use of the subject property.

(5)

The general description of the proposed use or uses for the proposed development.

(6)

The copy of the final plat or replat of the approved subdivision by City Council showing property boundary lines and dimensions; and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property.

(7)

If the property is subject to a master development plan a statement showing that the proposed use substantially conforms to the master development plan.

(b)

Site plan requirements.

(1)

All site plans submitted in conjunction with a conditional use, Section 48 or a special use, Section 49 shall be drawn by a registered surveyor, registered architect, or registered engineer.

(2)

The site plan shall include the name of the site plan, submittal date, case number(s), scale, north point, name of owners, and name of person preparing the site plan, consecutive sheet numbers and a vicinity map.

(3)

Location of existing boundary lines and dimensions of the tract.

(4)

Any proposed grading or regrading of the subject property; any significant natural, topographical or physical features of the property, including, at least, existing soil conditions, watercourses, marshes, trees in excess of four inches in diameter, rock outcroppings and existing contours in excess of two feet in 100 feet.

(5)

Locate centerline of existing watercourses, drainage features and floodway and drainage easements.

(6)

Map(s) showing the location, dimension, use and arrangement of all proposed buildings and computations in a chart form showing the amount required and provided: height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, and number and size of dwelling units, and number of bedrooms, in residential uses, and building separations.

(7)

Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure.

(8)

Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets, and roadways, driveways, entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including type of surface material, slope and gradient of vehicular elements; and total lot coverage of all circulation elements, divided between vehicular and pedestrian ways.

(9)

Location and size of existing and proposed streets and alleys with location of all street medians and intersections adjacent to the area of request.

(10)

Copy of Permit to Construct Access Driveway Facilities on Highway Right-of-Way issued by the Texas State Department of Highways and Public Transportation.

(11)

The location and size of existing and proposed water and sewer public utilities on and adjacent to the site and fire hydrant locations.

(12)

All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing size and dimensions of flow.

(13)

Location, size and arrangement of all outdoor signs and the location and intensity of all outdoor lighting and exterior auditory speakers.

(14)

Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.

(15)

Final elevations of proposed structures with the type or kind of building materials used. Calculations of the percentage of masonry of the entire structure.

(16)

Location, designation and total area of all usable open space.

(17)

A detailed landscaping plan meeting the provisions of Section 53 of this ordinance.

(18)

A soil erosion control plan for the period during which construction will be taking place.

(19)

In the case of any use requiring a special use permit, any information necessary to demonstrate compliance with all conditions imposed on the proposed special permit use by this ordinance.

(20)

Any other information that may be required by the Director of Development Services to determine that the application is in compliance with the codes and ordinances of the city.

(21)

Parking for disabled persons should be designated according to Chapter 23Section 23-64 through 23-69 of the Code of Ordinances.

(22)

Designate all refuse storage areas according to section 50.B.3.

(23)

A letter from the public works department accepting all subdivision improvements (i.e. drainage, sewage, utilities and street improvements).

(24)

In the case of any use requiring a conditional use permit or a special use permit, a tree preservation permit may be required by the City Council in accordance with Section 52.D.1. The tree preservation permit shall be in accordance with Section 52.E.

2.

Reserved.

F.

Procedure for processing site plans: The following procedures shall govern the processing and approval of site plan applications.

1.

Pre-application conference: Prior to filing a formal site plan application, the applicant shall request a pre-application conference with the Director of Planning Services or a designee. The purpose of the pre-application conference shall be to assist the applicant in bringing the site plan into conformity with these and other regulations applying to the subject property and to define the specific submission requirements for site plan applications, thereby potentially expediting the review process.

(a)

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

(b)

At the discretion of the Director of Planning Services, or a designee, the pre-application conference requirement may be waived.

2.

Application: Applications for site plan approval shall be submitted to the Director of Planning Services or his designee in four duplicate copies. All maps and graphics, submitted as part of the site plan application, shall be to scale and not smaller than one inch equals 50 feet. A nonrefundable application fee, as established from time to time by the City Council, to help defray administrative costs and costs of a hearing, shall accompany each application.

(a)

Certification of application and official filing date:

(1)

For the purposes of these regulations, the "official filing date" shall be the date upon which a complete application for approval of a site plan containing all elements as specified in Subsection E and Subsection F.2. is submitted to the Director of Planning Services or a designee. No application shall be certified as officially filed until the Director of Planning Services or a designee determines the completeness of the application and a fee receipt is issued by the City. Failure by the Director of Planning Services or a designee to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the City shall result in the application being certified complete, and the "official filed date" shall become the 10th calendar day following initial receipt of the application by the City.

(2)

Site plan applications which do not include all required content will be considered incomplete, shall not be accepted for official filing by the City, and the Director of Planning Services or a designee shall notify the applicant, in writing, of the respects in which the application is deficient within ten (10) calendar days.

(3)

An incomplete application that has not been revised to meet the completeness requirements shall be considered expired on the 45th day after the original submission of the application. The City may retain the application fee paid. Following an expired application, any additional or further requests by the applicant must be accompanied by a new application and fee containing all elements as specified in subsection E and subsection F.2. No vested rights accrue from the submission of an application that has expired pursuant to this section.

(4)

If the application is determined to be complete, the applicant shall be provided notice of acceptance and the date of official filing for scheduling and review purposes, and the application shall be processed as prescribed by this section. It is not guaranteed that a certified, complete application will be approved if, after the application is deemed complete, it is determined that the application does not comply with regulations set forth in this ordinance and all other applicable laws or regulations.

(b)

Withdrawal of application by applicant: An applicant shall have the right to withdraw an application, without prejudice, at any time prior to action on the application.

(1)

The applicant shall submit a written withdrawal request to the Director of Planning Services, and after withdrawal, the City will not take further action on the application.

(2)

The application shall be considered terminated and no rights shall vest based on the application.

(3)

To re-initiate review, the applicant may resubmit the application which shall in all respects treated as a new application for purposes of review, scheduling, and payment of application fees.

3.

Action by Director of Planning Services: Within 30 days of the filing of an application, the Director of Planning Services shall cause such application and the attached site plan to be reviewed, in terms of the standards established by Section 47.H. below, by qualified city personnel. He shall then either: (1) approve the application; (2) approve it subject to the applicant obtaining further specified approvals pursuant to the provisions of this ordinance; (3) on the basis of written findings in accordance with Section 47.H below, approve it subject to specific modifications; or (4) on the basis of such findings, decline to approve the application, provided, however, that in the case of site plan applications required by Section 47.C.6, the Director of Planning Services shall not approve said applications but shall submit them together with his report thereon to the Planning and Zoning Commission. Immediately upon concluding his review, the director of development services shall return one copy of the applicant's plans to him, marked to show either approval or approval subject to modification, which modifications shall be clearly and permanently marked on such plans. The failure of the Director of Planning Services or his designee to act within said 30 days on any application, except one required by Section 47.C.6, shall be deemed to be approval of the application and plans.

(a)

30-day action extension request and waiver:

(1)

Waiver: The City may not request or require an applicant to waive a deadline or other approval procedure.

(2)

An applicant may submit in writing a request to extend the 30-day action in relation to the decision time for approval of the site plan, in accordance with applicable laws and regulations.

(3)

If the applicant requests an extension, such request must be received by the Director of Planning Services on or before the 11th calendar day prior to the Director of Planning Services' deadline to take action on the application. Extension requests that are not received by that day shall not be considered properly submitted, and action shall be taken on the application as scheduled.

(4)

Submission of a request to extend the 30-day action, and acceptance of such waiver by the Director of Planning Services, shall not be deemed in any way a waiver of any requirement within these regulations. Where applicable, a waiver from requirements herein is a separate and distinct process.

(b)

Disapproval:

(1)

If an application is disapproved, the Director of Planning Services shall include in their decision a reference to the specific reasons for disapproval.

(2)

The applicant shall be provided with a written statement no later than the end of the next business day after the date of the decision of the reasons for disapproval that clearly articulates each specific reason for disapproval. Each reason specified in the written statement may not be arbitrary and must:

(i)

Be directly related to the requirements under this Section; and

(ii)

Include a citation to the law, including a statute or municipal ordinance, that is the basis for the approval with modifications or disapproval, if applicable.

(c)

Resubmittal:

(1)

If the Director of Planning Services declines to approve the site plan application, or approves the site plan application subject to modifications, the applicant may submit a written response demonstrating how they have satisfied each modification, or remedied each reason for denial. The written response shall include the revised site plan and any additional submittal requirements applicable.

(i)

The applicant's disapproval of any specific modifications for approval constitutes the City's continuing disapproval of the site plan application.

(ii)

The applicant's disapproval to a reason for disapproval constitutes the City's continuing disapproval of the site plan application.

(2)

The Director of Planning Services shall determine whether to approve or decline to approve a previously conditioned approval or declined site plan application no later than fifteen (15) days of receipt of the applicant's response.

(i)

The Director of Planning Services may decline to approve the site plan application only for a specific condition or reason provided to the applicant in response to the initial modifications or denial.

(ii)

If the applicant's response adequately addresses each modification or reason for denial, then the Director of Planning Services shall approve the site plan application following the same procedure for action on the initial site plan application.

(iii)

If the Director of Planning Services does not approve or decline to approve the site plan application within fifteen (15) days, the site plan application is deemed approved.

4.

Conferences and modifications during review: While reviewing such application, the Director of Planning Services or a designee may, or at the request of the applicant shall, meet with the applicant for such conferences concerning the proposed site plan as may be appropriate and may accept amended plans in substitution of those originally submitted.

5.

Action by Board of Zoning Adjustment: If the Director of Planning Services declines to approve the application, or approves it subject to modifications which are not acceptable to the applicant, such action shall not be deemed final administrative action but shall entitle the applicant to have their application referred to the Board of Zoning Adjustment for review and decision of such matters as remained unresolved between the director and applicant. Such review may be secured by the applicant by filing a written request no later than fifteen (15) days after the date of the decision being notified of the decision therefor with the Director of Planning Services. Upon receipt of such request, the Director of Planning Services shall immediately refer the applicant and his report thereon to the Board of Zoning Adjustment, which shall review and act upon the application in the same manner and subject to the same standards and limitations as those made applicable to the Director of Planning Services, except that the board shall have 30 days from the date of such referral within which to act. The decision of the Board of Zoning Adjustment shall be final.

6.

Third party review.

(a)

If a regulatory authority does not approve, approve subject to modifications, or disapprove a development document by the 15th day after the date prescribed by a provision of this ordinance for the approval, approval subject to modifications, or disapproval of the document, any required review of the document may be performed by a person (third-party) in accordance with Texas Local Government Code, ch. 247.

(b)

If a regulatory authority does not conduct a required development inspection by the 15th day after the date prescribed by a provision of this ordinance for conducting the inspection, the inspection may be conducted by a person (third-party) in accordance with Texas Local Government Code, ch. 247.

G.

Standards for site plan review:

1.

Standards: The Director of Planning Services shall not refuse to approve, and the Planning and Zoning Commission and the City Council shall not disapprove site plans submitted pursuant to this section, except on the basis of specific written findings dealing with one or more of the following standards:

a.

The application is incomplete in specified particulars or contains or reveals violations of the zoning ordinance or other ordinances of the city which the applicant has, after written request, failed or refused to supply or correct.

b.

In the case of a site plan submitted in conjunction with a planned development, a special or conditional use permit or any district regulations in this ordinance that contain specific development standards, such as the "PRD-6", "PRD-12", "PCD" or "PID" districts, the site plan fails to meet adequately specified standards required by this ordinance with respect to such development or special use.

c.

The proposed site plan does, or will, interfere unnecessarily, and in specified particulars, with easement, roadways, rail lines, utilities and public or private rights-of-way.

d.

The proposed site plan does, or will unnecessarily, and in specified particulars, destroy, damage, detrimentally modify or interfere with significant natural, topographic or physical features of the site.

e.

The circulation elements of the proposed site plan unnecessarily, and in specified particulars, create or will create; hazards to safety on or off the site; disjointed pedestrian or vehicular circulation paths on or off the site; undue interference with and inconvenience to pedestrian travel.

f.

The screening of site does not, or will not, provide adequate shielding from or for nearby uses with which the proposed use may be incompatible.

g.

Based on recognized standards, the proposed site plan makes inadequate provisions for the creation or preservation of open space or for its continued maintenance.

h.

The proposed site plan does, or will, unnecessarily, and in specified particulars, create drainage or erosion problems.

i.

In the case of site plans for developments in the "PRD-6", "PRD-12", "PCD" or "PID" districts, the proposed site plan fails, in specified particulars, to conform substantially to the approved master development plan for the property.

2.

Alternative approaches: In citing any of the foregoing standards, other than those of subparagraph 1.a, as the basis for declining to approve or for disapproving a site plan, the Director of Planning Services shall suggest alternate site plan approaches which could be utilized to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives.

H.

Effect of site plan approval: If the Director of Planning Services or the City Council or the Planning and Zoning Commission approves the application or approves it subject to further specified approvals or to modification which are acceptable to the applicant, such approval shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building, or structure, but shall authorize only the preparation, filing and processing of applications for any further permits or approvals which may be required by the codes and ordinances of the city, including any approvals such as a building permit, a certificate of occupancy or subdivision approval.

I.

Limitations on site plan approval: No site plan approval shall be valid for a period longer than one year from the date such approval is issued, unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion or an occupancy permit is obtained and a use commenced within that period. Approval of an application does not authorize any work in conflict with any codes or ordinances of the City of Grapevine.

J.

Amendment: An approved site plan may be amended at any time in the same manner and subject to the same standards and limitations as provided in this section for original site plan approval.

K.

Filing fees for uses requiring a site plan: For applications requiring a site plan not associated with Section 48, Conditional uses or Section 49 Special uses, the applicant shall pay to the city the sum of $250.00 for all tracts or parcels of land that do not exceed one acre and an additional fee of $12.50 per acre or part thereof for each additional tract or parcel that exceeds one acre, no part of which shall be refundable regardless of the action taken on the request.

(Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 84-18, § 1(A), (B), 2-25-86; Ord. No. 87-58, § 1(D), 9-15-87; Ord. No. 89-81, § 1(F), 12-5-89; Ord. No. 90-42, § 1(G), 7-17-90; Ord. No. 96-59, § 1.B., C., 8-6-96; Ord. No. 98-41, §§ 2A, 2B, 3-23-98; Ord. No. 98-115, § 1C, 9-15-98; Ord. No. 2000-18, § 1, 2-15-00; Ord. No. 2011-33, § 1.G, 7-19-11; Ord. No. 2023-094, § 38, 11-21-23; Ord. No. 2024-111, § 47, 12-17-24)