SECTION 47 ORDINANCE NO IH 635 OVERLAY DISTRICT
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1 SECTION 47 ORDINANCE NO IH 635 OVERLAY DISTRICT A ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 4647, AS AMENDED RELATING TO THE ESTABLISHMENT OF AN OVERLAY DISTRICT FOR THE IH 635 CORRIDOR; PROVIDING A PENALTY CLAUSE, A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS: Section 1 That, the comprehensive zoning ordinance of the City of Garland, Texas, as amended, is hereby amended by adding a new section, Section 47, which shall read as follows: SECTION 47 IH 635 OVERLAY DISTRICT Overlay District Within the IH 635 overlay district, as designated on the official zoning map of the City and as described in Exhibit A, the following additional or supplemental regulations shall apply. Except as specifically provided in this section, the inclusion of an area within an overlay district governed by the provisions of this section shall not affect the underlying zoning of such areas or any provision of a planned development or other ordinance pertaining to any property within the City. A planned development ordinance may further limit the uses allowed within the planned development district, but it may not add additional uses to those allowed by this section. If the base district of a planned development district located within the overlay district is not specified by the planned development ordinance, the Planning Director shall determine the base zoning for that planned development district based upon the straight zoning district most like the planned development district under consideration Rezoning within the Overlay District A property within the overlay district may be rezoned without affecting the overlay district provided that the overlay district shall continue to govern the allowable land uses for every property in the overlay district. If a use is desired that is not otherwise permitted under this section, then the use may be allowed by including a new zoning district land use chart to this section, or by adding that use to one of the existing zoning district land use charts set forth below Amendments to the Overlay District The overlay district established by this section may be amended to modify the existing land uses within a zoning district, or to include additional zoning districts not otherwise provided on the land use chart set forth below. (A) Amending a Land Use Chart If a land use chart for a zoning district is being amended, then all properties within the zoning district for which 1
2 the land use chart is being amended (or a planned development district for which that zoning district is the base district) shall be notified as provided by Section 34. (B) Including Additional Zoning Districts If the overlay district is to be amended by adding a zoning district for which no land use chart is provided below, then all properties within the overlay district shall be notified as provided by Section Allowed Uses Within the following zoning districts (and planned development districts for which one of the following zoning districts is the base district) only the following uses shall be permitted: AG (Agriculture) District Accessory Building Athletic Club/Instruction, Indoor Facilities Athletic Club/Instruction, Outdoor Facilities* Care of Alcoholic, Drug Dependent or Psychiatric Patients, In Home* Day Camp* Farm, Ranch, Orchard Greenhouse, Commercial* Guest House* Kindergarten, Preschool, or Child Care Center* Riding Academy/Stables* Single Family Detached Water Reservoir or Well, Public Water Treatment Plant* SF/16 (Single Family Dwelling) District Accessory Building Guest House* * Neighborhood Assistance Center* Single Family Detached 2
3 SF/10 (Single Family Dwelling) District Accessory Building * Neighborhood Assistance Center* Single Family Detached SF/7 (Single Family Dwelling) District Accessory Building * Neighborhood Assistance Center* Single Family Detached D (Duplex Dwelling) District Accessory Building Duplex * Neighborhood Assistance Center* Single Family Attached Single Family Detached 3
4 MF-18 (Multifamily 18) District Accessory Building Athletic Club/Instruction, Indoor Facilities* Athletic Club/Instruction, Outdoor Facilities* Boarding School* Care of Alcoholic, Drug Dependent or Psychiatric Patients, In Home* Care of Alcoholic, Drug Dependent or Psychiatric Patients, Residential* Charitable Boarding, Temporary* Convent or Monastery* Duplex * Multifamily Neighborhood Assistance Center* Nursing Home/Convalescent Center* Single Family Attached O-1 (Office 1) District Athletic Club/Instruction, Indoor Facilities* Athletic Club/Instruction, Outdoor Facilities* Civic Clubs/Fraternal Lodges* College or University* Commercial School* Convention Facility* Drug Store/Pharmacy** Massage Therapy/Physical Therapy Medical and Surgical Appliances** Medical Laboratory* Neighborhood Assistance Center Optical Dispensary** Printer, Small Scale** 4
5 O-2 (Office 2) District Athletic Club/Instruction, Indoor Facilities* Athletic Club/Instruction, Outdoor Facilities* Civic Club/Fraternal Lodge* Commercial School College or University Convention Facility* Drug Store/Pharmacy** Hotel/Motel, Full Service Hotel/Motel, Limited Service* Massage Therapy/Physical Therapy Medical and Surgical Appliances** Medical Laboratory* Neighborhood Assistance Center Optical Dispensary** Parking Garage (ancillary only) Printer, Small Scale** Radio/TV, Recording Studio* Restaurant ( , Ord. 5856) Retail Sales/Personal Service* NS (Neighborhood Service) District Animal Clinic* Athletic Club/Instruction, Indoor Facilities* Athletic Club/Instruction, Outdoor Facilities* Commercial School* Drug Store/Pharmacy Dry Cleaner Grocery/Supermarket 5
6 Kindergarten, Preschool or Child Care Center Laundromat Massage Therapy/Physical Therapy* Medical Laboratory* Optical Dispensary* Pet Sales and Grooming* Printer, Small Scale Repair and Service Shop* Retail Sales/Personal Service SC (Shopping Center) District Animal Clinic Antenna, Commercial Type 1 Athletic Club/Instruction, Indoor Facilities Athletic Club/Instruction, Outdoor Facilities* Automobile Repair, Minor* Car Wash* College or University Convenience Store* ( , Ord. 5899) Convention Facility Custodial Quarters* Drug Store/Pharmacy Dry Cleaner Equipment Leasing, Indoor Furniture and Appliance Sales Grocery/Supermarket Home Improvement Center Laundromat Massage Therapy/Physical Therapy Medical and Surgical Appliances Medical Laboratory Movie Theater/Theater* Neighborhood Assistance Center Office Equipment Sales, Repair and Maintenance* Optical Dispensary Pet Sales and Grooming 6
7 Printer, Small Scale Repair and Service Shop Restaurant ( , Ord. 5856) Restaurant-Drive-Through* ( , Ord. 5856) Retail Sales with Gas Pumps* Retail Sales/Personal Service Tire Dealer, No Outside Storage* Used Goods or Products Collection Point, Temporary* Wrecker Service (one) GB (General Business) District Ambulance Service Animal Clinic Antenna, Commercial Type 1 Athletic Club/Instruction, Indoor Facilities Athletic Club/Instruction, Outdoor Facilities Automobile Repair, Minor* (not within 500 feet of residential district) Car Wash (attended only) College or University Commercial Amusement, Indoor* Commercial Amusement, Outdoor* Commercial School* Convenience Store* ( , Ord. 5899) Convention Facility Custodial Quarters* Drug Store/Pharmacy Dry Cleaner Furniture and Appliance Sales Grocery/Supermarket Home Improvement Center Laundromat Massage Therapy/Physical Therapy Medical and Surgical Appliances Medical Laboratory Movie Theater/Theater* Office Equipment Sales, Repair and Maintenance* Optical Dispensary Pet Sales and Grooming Printer, Small Scale Radio, TV, Recording Studio 7
8 Repair and Service Shop Restaurant ( , Ord. 5856) Restaurant, Drive-Through* ( , Ord. 5856) Retail Sales with Gas Pumps* (5-1-01, Ord. 5560) Retail Sales/Personal Service Schools, Public and Private Tire Dealer, No Outside Storage* Transit Station Wrecker Service (one) C-1 (Commercial) District Alternative Financial Establishment* ( , Ord. 6294) Antenna, Commercial Type 1 Athletic Club/Instruction, Indoor Facilities Athletic Club/Instruction, Outdoor Facilities (SUP if adjacent to residential district) Automobile and Motorcycle Sales, Leasing and Repair (new)* Automobile Repair, Minor* College or University* Commercial Amusements, Indoor* Commercial Amusements, Outdoor* Commercial School* Convenience Store* ( , Ord. 5899) Custodial Quarters* Custom Made Furniture Manufacturing* Drug Store/Pharmacy Furniture and Appliance Sales Grocery/Supermarket Helipad* Home Improvement Center Hospital Massage Therapy/Physical Therapy Medical and Surgical Appliances Medical Laboratory Movie Theater/Theater* Office Equipment Sales, Repair and Maintenance Optical Dispensary Parking Garage or Lot, Commercial (ancillary only) Pet Sales and Grooming Printer, Small Scale Radio, TV, Recording Studio Restaurant ( , Ord. 5856) Restaurant-Drive-Through* ( , Ord. 5856) 8
9 Retail Sales with Gas Pumps* (5-1-01, Ord. 5560) Retail Sales/Personal Service Retail Sales with Outside Display* Schools, Public and Private (SUP for private school if located within 500 feet of residential district) Tire Dealer, No Outside Storage Transit Station Wrecker Service (One) C-2 (Commercial 2) District Antenna, Commercial Type 1 Athletic Club/Instruction, Indoor Facilities Athletic Club/Instruction, Outdoor Facilities (SUP if adjacent to residential district) Automobile and Motorcycle Sales, Leasing and Repair (new)* (not within 500 feet of residential district) Automobile Repair, Minor* (not within 500 feet of residential district) College or University* Commercial Amusement, Indoor* Commercial Amusement, Outdoor* Commercial School* Convenience Store* ( , Ord. 5899) Custodial Quarters* Custom Made Furniture Manufacturing* Drug Store/Pharmacy Furniture and Appliance Sales Grocery/Supermarket Helipad* Home Improvement Center Hospital Massage Therapy/Physical Therapy Medical and Surgical Appliances Medical Laboratory Movie Theater/Theater* (not within 500 feet of residential district) Office Equipment Sales, Repair and Maintenance Optical Dispensary Parking Garage or Lot, Commercial (ancillary use only) Pet Sales and Grooming Printer, Small Scale Radio, TV, Recording Studio Restaurant ( , Ord. 5856) Restaurant, Drive-Through* ( , Ord. 5856) 9
10 Retail Sales with Gas Pumps* (5-1-01, Ord. 5560) Retail Sales/Personal Service Retail Sales with Outside Display* Schools, Public and Private (SUP for a private school if located within 500 feet of residential district) Tire Dealer, No Outside Storage* (not within 500 feet of residential) Transit Station Wrecker Service (one) FW (Freeway) District Antenna, Commercial Type 1 Athletic Club/Instruction, Indoor Facilities Athletic Club/Instruction, Outdoor Facilities (SUP if adjacent to residential district) Automobile and Motorcycle Sales, Leasing and Repair (new)* Automobile Repair, Minor* (not within 500 feet of residential district) College or University* Commercial Amusement, Indoor* Commercial Amusement, Outdoor* Commercial School* Convenience Store* ( , Ord. 5899) Convention Facility Custodial Quarters* Custom Made Furniture Manufacturing* Drug Store/Pharmacy Furniture and Appliance Sales Grocery/Supermarket Helipad* Home Improvement Center Hospital Hotel/Motel, Full Service Hotel/Motel, Limited* Light Industrial* Massage Therapy/Physical Therapy Medical Laboratory Medical and Surgical Appliances Movie Theater/Theater* (not within 500 feet of residential district) Office Equipment Sales, Repair and Maintenance Optical Dispensary Parking Garage or Lot, Commercial (ancillary only) Pet Sales and Grooming Printer, Small Scale 10
11 Radio, TV, Recording Studio Restaurant ( , Ord. 5856) Restaurant, Drive Through* ( , Ord. 5856) Retail Sales with Gas Pumps* (5-1-01, Ord. 5560) Retail Sales/Personal Service Schools, Public and Private (SUP for private school if within 500 feet of residential district) Tire Dealer, No Outside Storage* (not within 500 feet of residential district) Transit Station Wrecker Service (one) I-1 (Industrial-1) District Analytical Laboratory Antenna, Commercial Type 1 Bakery, Commercial Bottling Plant Commercial Amusement, Indoor* Commercial and Industrial Equipment Repair and Service Commercial Laundry/Cleaners Commercial School Convenience Store* ( , Ord. 5899) Custodial Quarters* Custom Made Furniture Manufacturing Electric Substation Equipment Leasing, Indoor Helipad* Home Improvement Center Hotel/Motel, Full Service Hotel/Motel, Limited Service* Light Industrial Medical Laboratory* Motor Freight Terminal Printer, Large Scale Radio, TV, Recording Studio Railroad Freight Terminal Recycling Center* Restaurant ( , Ord. 5856) Restaurant, Drive-Through* ( , Ord. 5856) Retail Sales with Gas Pumps* (5-1-01, Ord. 5560) School, Public Self Storage Units* Transit Station Uniform Supply Service Warehousing, General 11
12 Wholesaling, General Wrecker Service (one) * Denotes use is allowed by Specific Use Permit only. ** Allowed as secondary use only. 12
13 LEGAL DESCRIPTION IH 635 Beginning at the intersection of LBJ Freeway and West Kingsley Road and continuing east along West Kingsley Road to the Kansas City Southern Railroad tracks. Continue southeast along the tracks to the Kansas City Southern Railroad spur then east along the spur to the west property line of Tract 3 in the McCree Industrial District subdivision. From said property line south to the Union Pacific railroad spur and east then north along said spur to Oakland Street, following Oakland Street east to South Shiloh Road. Continue north of South Shiloh Road to West Kingsley Road then east on West Kingsley Road to Denton Drive. Follow Denton Drive south to the northwest property line of the subdivision Kingsley Road Pecan Acres Replat. From said point continue south then east to the northwest corner of the Southgate Manor No. 5 subdivision. Follow this boundary line south then east to the northwest corner of Southgate Manor No. 2 subdivision then south along this subdivision line to the northeast corner of the Towngate Addition subdivision. From said point continue west to the northwest boundary of the Towngate Addition subdivision and follow the west boundary of said subdivision south to Millay Boulevard. Continue east of Millay Boulevard to Town Court and east on Town Court to a line crossing Buddy Graham Park to the southwest corner of the alley south of Clear Point Drive which is also the south boundary of the Southgate Acres No. 2 subdivision. Continue east along said boundary then north to the south boundary of the Southgate Acres No. 1 subdivision then east to Saturn Road. Continue south along Saturn Road to Northwest Highway following Northwest Highway east, then southeast to the northeast corner of the Montclair No. 1 subdivision. From said point, continue southwest to Broadmoor Drive then southeast along Broadmoor Drive to La Prada Drive. From the Broadmoor Drive/La Prada Drive intersection continue southwest to LBJ Freeway then northwest along LBJ Freeway to point of beginning. 13
14 14
Attached (townhouses) SC P P 4.2.3(A)1 Duplex SE SE P Accessory Dwelling Unit (ADU) to a primary residence SC SC SC SC P 4.2.3(A)2
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