The primary purpose of the MUOD is to provide flexibility and compatibility in land uses and regulations that will encourage the development, redevelopment and revitalization of areas suitable for commercial and light industrial uses; to accommodate a variety of land uses that are compatible with each other and the surrounding area because of appropriate site design; to create a means for integration of various commercial and light industrial uses within the overlay district designated and delineated in the city's comprehensive plan; to promote innovative use of space while discouraging uses that promote strip center development patterns; and to encourage businesses to open and become a viable part of the growing future of the City of White Settlement. These purposes constitute the spirit and intent of the mixed use overlay district.

(Code 2008, § 54-185; Ord. No. 2358-09, § I, 1-27-2009)

(a)

The requirements of this article and the process to be followed shall apply only if an owner or user of property within the MUOD desires to put in a use that does not conform with the base zoning that is presently applied to the site or sites in question. So long as an owner or user intends to comply with a use permitted by the base zoning on a tract and will develop, build, redevelop and make use of the property as allowed within the base district including all building requirements, then the terms of this article shall not apply.

(b)

If an owner or user of property within the MUOD desires to depart from the base zoning uses allowed on the site or sites, then a site plan as set out in this article that is approved by the city council is required before building permits and certificates of occupancy for any property are allowed to be issued. For all properties desired to be developed, grouping of uses permitted in other districts to create developments of compatible and mutually supportive activities is encouraged. Mixed-use projects shall be treated as a zoning district change and shall be processed in accordance with the same review, public hearing, and notification procedures as are required for a proposal for a zoning district change, except as specifically modified herein.

(Code 2008, § 54-186; Ord. No. 2358-09, § I, 1-27-2009)

(a)

An application for a MUOD use shall be submitted to the city manager and/or his representatives for review of acceptable compatibility with the surrounding area. A conceptual site drawing shall be submitted with the application. The site drawing shall include at a minimum the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the staff or that may subsequently be requested by the planning and zoning commission or city council, may include but is not limited to the types of use, topography and boundary of the site area, physical features of the site, existing streets, alleys and easements, location of future public facilities, building height and location, parking ratios and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final detail site plan. The city manager or his representatives may request more information concerning the use proposed and the applicant shall promptly furnish same.

(b)

After the city manager and/or his representatives review all conceptual information furnished, the proposed use and conceptual plan shall be submitted to the city council for a public hearing and consideration. The city manager shall furnish his report and recommendations to the council. Publication notice for the public hearing shall be a minimum of 72 hours prior to conducting the public hearing. The council may require such modification of a conceptual site plan or a site plan as will permit the proposed project to exist harmoniously with surrounding areas. Alternatively, the council may refuse or deny the use requested.

(c)

If the city council approves the MUOD use and conceptual plan, the applicant shall submit a MUOD development plan to the city manager and/or his representatives within six months from the date of approval of the concept plan. If not submitted within that time, the concept plan must undergo approval and be subject to all hearings and reviews as provided hereinabove. The city manager may request or require additional information in order to obtain all information thought to be pertinent to the proposed use and developments. After review by the city manager and his representatives, the development plan, together with a report and recommendation from the city manager, shall be submitted to the planning and zoning commission for its review and the commission shall hold a public hearing concerning the plan. Publication notice for the public hearing shall be a minimum of 15 days prior to conducting the public hearing. After conducting the public hearing, the planning and zoning commission shall make its recommendations concerning the plan, including any changes or modifications it deems appropriate, to the city council.

(d)

The recommendation of the planning and zoning commission concerning the MUOD development plan shall be submitted to the city council for a public hearing and consideration. Publication notice for the public hearing shall be a minimum of 15 days prior to conducting the public hearing. The city council shall conduct a public hearing, shall review the plan and shall approve or deny the plan or may approve the plan with changes and modifications. If approved, or if approved with modifications that are accepted by the applicant in writing through submission of a revised development plan, the city council shall pass an ordinance that incorporates the detailed development plan as the sole permitted use for the property and site in question. Thereafter, the applicant may begin construction as set out in the plan following the normal procedures for obtaining building permits.

(e)

Upon receipt of a development plan and ordinance adopting such plan, the building official shall register a reproducible copy thereof with the Tarrant County Deed Records. The cost of such filing shall be paid by the applicant/developer of the site.

(f)

All development plans registered and recorded hereunder shall be binding upon the applicant thereof, his successors and assigns, and shall limit and control all building permits and uses to be placed on the property.

(Code 2008, § 54-187; Ord. No. 2358-09, § I, 1-27-2009)

The following circumstances shall be reviewed by the planning and zoning commission and the city council when considering a proposed development plan:

(1)

Has the developer shown that the proposed use, height, area, and density substantially meet the intent of this chapter and are compatible with the development in the vicinity?

(2)

Has the developer shown that the proposed height, area, and density provide for better project design?

(3)

Has the developer shown that the proposed land uses in the proposed development plan complement each other and will be compatible with existing and proposed land uses in the vicinity?

(4)

Has the developer shown that the proposed development will not generate more traffic than the streets in the vicinity can accommodate without congestion, and the development will not overload utilities?

(5)

Has the developer shown that the proposed development provides acceptable minimum setbacks abutting a public street?

(6)

Has the developer shown that the proposed development provides an adequate buffer area and/or screening when abutting a residential area or an area where buffering should be placed considering the contiguous uses?

(7)

Has the developer provided acceptable landscaping?

(8)

Has the developer provided an acceptable timetable for construction and completion of the project?

(9)

Will the use as proposed in the detailed plan cause future development on other sites to be hindered or constrained?

(Code 2008, § 54-188; Ord. No. 2358-09, § I, 1-27-2009)

(a)

The development plan shall include the following elements wherever same are relevant and appropriate to the proposed development:

(1)

A scale drawing showing all proposed public or private streets and alleys; building sites, or building lots; any areas proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of the tract and existing and proposed finished grades with contour intervals of not less than two feet, or spot grades where the relief is limited;

(2)

A land use plan delineating and describing the specific uses to be made of areas to be included in the site development, including each various use where multiple types of land uses are proposed;

(3)

The site plan shall show the location of each building and the distances between buildings, and between buildings and the property line, street line and/or alley line shall be submitted. For buildings more than one story in height, elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air;

(4)

The plan shall show in detail the material to be used on the outside surface of each structure to be constructed or renovated or a statement that the outside surface of an existing structure will remain in its present condition;

(5)

The site plan shall indicate data for and the arrangement and provisions of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical example indicating the feasibility of the arrangements proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown. All streets shall be constructed to the adopted street design standards and section design;

(6)

A designation of the maximum building coverage of the site shall be indicated upon the site plan;

(7)

For development projects influenced by, impacting on flood-prone areas, or containing major drainageways or containing areas flood prone by definition of the city engineer, a preliminary drainage plan shall be a part of the development plan. This requirement may be waived only by the recommendation of the city engineer;

(8)

The site plan shall show north arrows, true scale, name and address of developer, licensed engineer or architect preparing site plan and a land description by reference to name of subdivision or survey tract in which it is located, as well as all street addresses to be used in the development;

(9)

A screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. When required, such plan shall include screening walls, planting, wooded areas to be retained, and lawns;

(10)

The location of existing and proposed fire hydrants;

(11)

The location of all outside facilities for waste disposal; location and orientation for all external illumination facilities; the location, size, height and orientation of all signs;

(12)

All pedestrian walks, malls, and open area for use by tenants or the public; the types of surfacing such as paving, or turf to be used at all locations on the site;

(13)

Any or all of the required features may be incorporated on a single drawing if such drawing is clear and may be evaluated by the planning director, the planning and zoning commission, city council and interpretation by the building official;

(14)

The location, size, height and orientation of all signs and outdoor lighting.

(b)

If not already platted, or if the property is to be re-platted, then same shall be platted in accordance with chapter 109 pertaining to subdivisions, and platting policies of the commission and the city.

(Code 2008, § 54-189; Ord. No. 2358-09, § I, 1-27-2009)

In the MUOD, the minimum off-street parking and loading regulations shall be an all-weather paved surface and shall be provided in accordance with section 111-267 or determined by the standards adopted in the approved development plan by the city council.

(Code 2008, § 54-190; Ord. No. 2358-09, § I, 1-27-2009)

An application for a MUOD use shall be accompanied by a development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the city council, shall become part of the development plan and shall be adhered to by the owner, developer, and any successors in interest. The planning and zoning commission may, if in its opinion the owner of property is failing or has failed to meet the approved schedule, initiate proceedings to cancel the "development plan" and cancel all building permits. The developer of the property shall receive at least ten days' notice of a hearing to review and possibly cancel the Plan and building permits. If the plan and building permits are ordered cancelled by the planning and zoning commission, then the developer shall cease all activity and shall demolish, at its expense, all unfinished structures located on the property. If the developer shall fail to demolish the structures within forty-five days from the date of the order, then the city may do so and charge the developer with the cost of doing so. The city shall have a lien against the property for all charges and expenses incurred in removing the unfinished structures, including attorney fees and costs if court proceedings are filed in order to obtain court orders to demolish or to defend against any action brought against the city by the developer.

(Code 2008, § 54-191; Ord. No. 2358-09, § I, 1-27-2009)

The following uses are permitted in a MUOD subject to a development plan approval by the city council: Amusement center (teen club), amusement commercial (indoors), animal grooming shop, antique shop, appliance sales and repair (household), art gallery or museum, art supply store, assembly hall (auditorium, gymnasium), assisted living facility, athletic field and play field, auction house, auto paint and body shop, auto parts and accessory sales, auto rental (car and truck), auto repair garage, auto service specialty shop, auto service station/light maintenance, auto service station/restaurant or convenience store, bakery and confectionery (wholesale), bakery and confectionery (preparation and retail sales), bank (savings and loan, financial institutions), beauty and barber shop or other personal service shop, boat and accessory sales, rental and service, bowling alley, building materials sales, bus (train and taxi station or terminal), cabinet and upholstery shop, carpet and rug cleaning, catering establishment, ceramic products, ceramic products with kiln, clinic (medical), collectibles shop, community center, contractor's business (no outside storage), contractor's business (with outside storage), contractor's storage and equipment yard, convenience store, copy shop, custom personal service shops, day care center (adult), day care center (child), day care in a church, department store, domestic goods (rental yard), electric transmission lines, electrical equipment assembly, extermination services, factory outlet retail or wholesale store, floor covering shop, florist shop/gift shop, fraternal (philanthropic club, lodge, and charitable uses), furniture or appliance store, furniture refinishing, furrier shop, golf course (miniature), greenhouse or plant nursery, grocery store, hardware store, health club or recreation facility, health service facility (outpatient), hospital, hotel, interior decorating shop, laboratory (medical or dental), laundry (dry cleaning, full service), laundry (dry cleaning, self-service), laundry (dry cleaning pickup and receiving station), leather and luggage store, library, locksmith, manufacturing or assembly facility (light), market (meat), medical care facility (nursing and care home), medical equipment (sales, rental and leasing), medical (dental and optical) sales, motel, museum (fine arts center or art gallery), music store, nightclub or dance hall, office machine sales and service, office supply store, office (real estate development tract or field office), offices (professional), optical sales and service, package liquor store, paint and wallpaper store, parish house or parsonage, park, parking (garage), pet shop, pharmacy or drugstores, photographic equipment sales and service, picture framing shop, pool or billiard hall, print shop (copy shop, lithography), private club, public admin. (buildings), public safety (fire and police), public utility facilities, radio or television studio, recreational facility, recreational vehicle (sales, rental and/or storage), religious institutions, rental store, restaurant, restaurant with alcohol, restaurant (drive-in/drive-through), school (business college), school (college or university), school (commercial instruction), school (commercial trade), school (institution, rehabilitation, and training center private), school (nursery), school (primary or elementary), school (vocational), shoe repair, skating rink, spray painting and paint mixing, stone monument sales, studio, swimming pool (commercial), tailor/seamstress or alteration shop, tattoo establishment (cosmetic), taxidermist shop, terminal (passenger), theater (indoor motion picture), ticket agency, tobacco shop, travel bureau or consultant, veterinarian hospital (without outside pens), video and video game rental store, warehousing and storage establishment, watch and jewelry repair, wholesale establishment, window covering store.

(Code 2008, § 54-193; Ord. No. 2358-09, § I, 1-27-2009; Ord. No. 2381-10, § II, 7-13-2010; Ord. No. 2460-13, § I, 10-15-2013)

The following uses are not permitted and are not subject to consideration for approval of a development plan before the city council:

All residential uses except parish house or parsonage, accessory building, aircraft hardware or parts manufacture, ambulance stations, amusement (commercial outdoors), amusement park, assembly plant, auto auction, auto car wash, auto impound lot (with wrecker business), auto parts sales (with outside storage), auto sales (new and used), bar or tavern, bed and breakfast, bingo facility, bottling works, brick kiln or tile plant, cemetery (mausoleum or crematorium), convent or monastery, correctional facility (including pre-parole centers), creamery (milk and ice cream processing), customary home occupation, day care in the home, electric generation station, electrical substation, equipment rental yard (commercial and heavy), farmers market (outdoor), foundry (metal fabrication), funeral home/mortuary or crematorium, gas regulator station, golf club (private), golf course (driving range), golf course (public), heliport, helistop, kennel, laundry cleaning plant (commercial), laundry (dyeing plant), machine shop, machinery (repair, sales, storage and service), manufactured home or pre-fab home manufacturing, manufactured (industrial or pre-fab home sales or rental), manufacturing or assembly facility (heavy), meat product processing, mini-warehouse, motor freight terminal, parking lot (commercial), parking lot (truck), pawn shop, pharmaceutical plant, processing of chemicals or mineral extractions (not elsewhere classified), recreational vehicle park, recreational facility (gaming), recycling collection center, recycling (public containers), recycling plant, rehabilitation care facility (criminal-psychiatric, mental disorders, substance abuse), rental yard (commercial and heavy equipment), repackaging, restaurant—refreshment stand (temporary or seasonal), rodeo grounds/fairgrounds, salvage yard, sanitarium, school (home), school (home day), sexually oriented businesses, shooting range (skeet or target range—outdoor), stable (commercial), stable (private), stadium (arena, amphitheaters), stone monument works, storage yard, tattoo parlor, telephone exchange, television (radio, microwave, telecommunication towers or facilities), terminal (railroad or motor freight), tire processing facility (scrap), tire recycling center or storage, trailer rental or sales, vehicle storage-recreational (commercial), veterinarian hospital (with outside pens), warehousing and freight office and storage, welding or machine shop.

(Code 2008, § 54-194; Ord. No. 2358-09, § I, 1-27-2009; Ord. No. 2381-10, § I, 7-13-2010; Ord. No. 2460-13, § II, 10-15-2013)

(a)

Upon approval of the development plan, all necessary permits or certificates authorized thereby may be issued. Subsequent to such approval, minor changes may be authorized by the city manager or his designated representative when such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the character of the development;

(2)

An increase in the ratio of the gross floor areas in structures to the area of any lot;

(3)

An increase in the intensity of use;

(4)

A reduction in the originally approved separations between buildings;

(5)

An increase in the problems of circulation, safety and utilities;

(6)

An increase in the external effects on adjacent property;

(7)

A reduction in the originally approved setbacks from property lines;

(8)

An increase in ground coverage by structures;

(9)

A reduction in the ratio of off-street parking and loading space to gross floor area in structures;

(10)

A change in the subject, size, lighting or orientation of originally approved signs or substantial changes in landscaping.

(b)

If any changes are proposed that lead to any matter listed above or that may otherwise cause changes to the project and plan that significantly affect the character of the development or use of the property, then such change shall not be permitted unless and until approval is given by the city council after notice and public hearing as provided for the original approval of the development plan.

(Code 2008, § 54-195; Ord. No. 2358-09, § I, 1-27-2009)