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Ord 040-2003 4/15/2003ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING A 2.5 -ACRE TRACT AT THE NORTHEAST CORNER OF RATHGEBER ROAD AND HENRY S. GRACE FREEWAY, AND AMENDING THE LAND USE PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Planning and Zoning Commission recommended approval of a rezoning change to General Commercial and a Land Use Plan amendment at its February 12, 2003 meeting; and, WHEREAS, the City Council considered this rezoning request on March 4, 2003, but did not approve the zoning change to General Commercial; and, WHEREAS, the applicant has agreed to a conditioned zoning as a way to reduce the possible negative impacts of some uses permitted in a General Commercial zone; and, WHEREAS, the City Council concurs that the proposed commercial conditioned district will reduce the possibility of adverse impacts on adjacent properties and finds that the herein described rezoning and Land Use Plan amendment are in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City of Wichita Falls Land Use Plan, an element of the Comprehensive Plan for the City of Wichita Falls, Texas is hereby amended for an approximately 2.5 acre tract out of Block 43, Cherokee County School Lands, Wichita Falls, Texas. Said tract is shown on the attached map, incorporated in this ordinance as Attachment "A ", and said tract designation shall be changed to Commercial. SECTION 2. The property described in Section 1 of this ordinance is hereby rezoned to General Commercial Conditioned zoning and regulated as follows: GCC General Commercial Conditioned District Purpose The purpose of the GC General Commercial district is to accommodate commercial activities of a retail and service nature. These areas would be located along major streets and encouraged to use site designs which have mutual benefits with other businesses in the area. Permitted Uses A. The following uses are permitted in the GCC district: Residential Uses - Dwelling, Duplex Two Family - Dwelling, Single Family Detached - Group Home - Personal Care Home B. The following uses are permitted in the GCC district subject to the Site Plan Review provisions of Section 7100. Residential Uses: Civic Uses: Condominium Residential Dwelling, Multi - Family Dwelling, Zero Lot -Line Single Family, Subject to the provisions of Section 5200 Townhouse, Subject to the provisions of Section 5300 Convalescent Services Day Care Centers, Limited & Commercial - Parks - Public Safety Services - Religious Assembly - Residential Care Facility - School, Primary and Secondary - Utility Service Commercial Uses: - Alcoholic Beverage Sales, Subject to the provisions of Section 5400 - Art Gallery/Museum - Automotive Sales & Service - Automotive Service Station - Bed & Breakfast Inn - Business & Trade Schools - Car Wash - Clinic - Club Convenience Store - Exterminating Services, Without chemical storage Hospital Indoor Sports & Recreation - Medical Office Motel Nursery Offices Repair Services Restaurants Retail Trade Self- Storage Facilities /Mini Warehouse Services - Shopping Center Veterinary Services Conditional Uses The following uses are permitted in the GCC district subject to the approval process provided in Section 7200: - Alcoholic Beverage Sales, subject to the provisions of Section 5400 - Auto Repair Service - Community Residential Center - Light Manufacturing - Outdoor Entertainment and Recreation - Outdoor Storage - Parking Facility - Warehousing Facility Development Regulations Each site in the GCC district shall be subject to the following development regulations except for Townhouse & Zero lot -line residential use: I. Lot area: 5,000 sq. ft., minimum 2. Lot width: 50 ft., minimum 3. Front Setback: 25 ft. minimum, except for rear access subdivision where reduced setback as per Section 4240 shall apply. 4. Side setback, Interior: A. Single- family and duplex dwellings: 5 ft., minimum. B. All other uses: No minimum. 5. Side setback, exterior: 25 ft. minimum, except 15 ft. minimum for single - family and duplex dwellings. 6. Rear Setback: A. Single family and duplex dwelling: Five (5) ft. minimum from common lot line or one (1) ft. minimum from alley. (See Section 6500 for Accessory Structure setbacks and Section 6210H for setback requirements for rear vehicular access.) B. All other uses: No minimum. However, in no case shall the roof overhang extend over the property line. 7. Height: No maximum 8. Building coverage: No maximum, except 50% of lot area maximum, for single - family and duplex dwellings. 9. Open Space: 20% of lot area, minimum, for multi - family dwellings containing 25 units or more. Note: See Section 4600 for buffering requirements. SECTION 3. Land uses indicated as a strikeout shall be deleted. SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 15th day of April 2003. ATTEST: City Clerk ��:,.... Attachment A (4204 -081) y (4204 -080) / V Q (0470- 207 -06) (4204 -079) / Qe (4204 -07e) / y � / � (4204 -077) 2 � / �4( V (4204 -076) / Area to be Rezoned to / (0470 -207) / General Commercial / / Conditioned / 420 6,1) / (A204 -062) / ` e (4204 -061) ( 4 59) (4204 -060) RATHGEBER RD (4420 -011) (4420 -008) R 03 -01 -) (ncn equals (au Teet Feet 0 45 90 180 270 360 2A N Map for Illustrative Purposes Only