HomeMy WebLinkAboutORD 1978-002 �=,«
CITY OF GRAPEVINE
� ORDINANCE NO. 78-2
AN ORDINANCE PROVIDING FOR THE ADOPTION OF A SOUND
EXPOSURE FORECAST MAP PREPARED BY THE NORTH CENTRAL
TEXAS COUNCIL OF GOVERNMENTS DATED OCTOBER 14, 197)
FOR THE PURPOSE OF ESTABLISHING CERTAIN ENVIRONS LAND
USE GUIDELINES; PROVIDING A REQUIREMENT THAT ALL OWNERS
OF ALL PROPERTY REQUESTING APPROVAL OF A SUBDIVISION
PLAT WITHIN THE AREAS DELINEATED ON THE MAP TO EXECUTE
AN "AVIGATION RELEASE" WHICH INSTRUMENT SHALL BE ON THE
FACE OF THE PLAT; PROVIDING A REQUIREMENT THAT THE OWNERS
OF ALL PROPERTY LOCATED WITHIN THE AREA DELINEATED ON
THE MAP DESIRING TO CONSTRUCT ANY IMPROVEMENTS ON SAID
PROPERTY SHALL, AS A CONDITION PRECEDENT TO THE OBTAINING
OF A BUILDING PERMIT AND/OR A CERTIFICATE OF OCCI�PANCY,
EXECUTE AN "AVIGATION RELEASE'' WHICH INSTRUMENT SHALL BE
FILED FOR RECORD IN THE DEED RECORD OF TARRANT COUNTY,
TEXAS AND CONSTITUTE A COVENANT RUNNING WITH THE
� LAND; PROVIDING FOR THE FORM OF THE AVIGATION RELEASE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
AND DECLARING AN EMERGENCY.
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WHEREAS, the Dallas-Fort Worth Rsgional Airport was approved in
concept and genera) boundary design and layout pursuant to agreements between
the City of Fort Worth, Tarrant County, Texas and the City of Dallas, Dallas
County, Texas along with the approval of the F.A.A, and other Feder+al Agencies
i n I 9t�7; a nd,
WHEREAS, a substantial and significant amount of acreage that was
subsequently included in the Dallas-Fort Worth Regional Airport is located within
the boundaries of the City of Grapevine, Texas; and,
WHEREAS, since the Regional Airport's conceptual inception, thru it's
construction period to it's opening in 1974, all parties have recognized the extr�ms
importance of proper planning and land use within the areas that are in reasonably
close proximity to said airport and within what is considered noise sensitive areas; and,
WHEREAS, the City of Grapevine has recognized it's rol� as a governmental
„�, body, a T�exas Home Rule city, possessing the police power and has consistently and
uniformly zoned property within the close proximity of the airport for uses that are
generally considered compatible with the airport development; and,
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WHEREAS, the North Centra� Texas Council of Governments made
'�`"" extensive and comprehensive studies of the airport, the surrounding property,
and the sound exposure forecasts; and,
WHEREAS, the North Central Texas Council of Governments prepared
a map based on said extensive studies dated October 14, 1971 entitled "Aircraft
Sound Exposure Dallas/Fort Worth Regional Airport and Environs"; and,
WHEREAS, said map delineated certain areas both within and in the
environs of the airport that had characteristics that were in some instances more
susceptible to the noise eminating from airport activities; and,
WHEREAS, the map was promulgated for use by all affected governmental
bodies as a tool in developing sound zoning, platting, development and construction
standards; and,
WHEREAS, the City of Grapevine believe it is in the best interest of it's
citizens and property owners to adopt the map as an official document of the
city in order to advise all present and potential landowners, developers, subdividers,
� builders, and particularly all homeowners and owners of businesses of the noise
factor and impact as noted on the face of the "map"; and,
� WHEREAS, historically in a number of areas throughout the country, and
particularly and specifical ly adjacent to Love Field (owned by the �ity of Dallas)
in the City of Dallas, Texas, adjacent propert;� owners have filed law suits alleging
damage to pa's�ns and property due to the noise eminating from the airport and in many
of those cases the airport was constructed prior to the development of property in
close proximity to the airport; and,
WHEREAS, it is the belief of the City Council that the city would be properly
and reasor�ably exercising the police power in the best interest of all it's citizens and
property owners for the protection of the peace, health, morals and geneml we�fare
of the community by officially adopting the heretofore described maps and by requiring
all property owners within certain of the areas desiring to subdivide, develop or
improve their property to execute anAvigation Release to the City of Grapevine,
the Cities of Dallas and Fort Worth and the Dallas-Forth Worth Regional Airport Boarcl.
NOW, THEREFORE, ABOVE PR�MISES CONSIDERED BE IT OR DAINED BY
THE CITY COUNCIL OF THE CITY OF GRAPEVINE:
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Section I . All of the whereas clauses contained in this ordinance are hereby
adopted and approved in their entirety ar�dare deemed incorporated into the body of
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"" " this ordinance as if copied in full .
Section 2. The map entitled "Aircraft Sound Exposure: Dallas/Fort Worth
� Regional Airport and Environs" dated October 14, 1971, a copy of which is attached
to this ordinance is hereby approved and adopted� as it relates to the enforcement
of this ordinance.
$ection 3. Any party desiring to subdivide their property pursuant to and
in accordance with the statutory requirements of the State of Texas, Tex. Rev. Civ.
Stat. Ann. Art. 974a, and the subdivision Rules and Regulations of the City of
Grapevine, City of Grapevine Ordinance #55-5 and any and all amendments to said
ordinance, which property is located within the area delineated as Zon� "B or
Zone "C" on the map adopted in Section 2 shall execute an "Avigation Release"
which Avigation Release shall appear on the face of all hereinafter approved
subdivision plats. No subdivision plat of property located within said Zones "B"
and "'C" shall be approved without said Avigation Release being executed in
the form hereinafter described in Section 5.
Section 4. Any party desiring to construct any improvement on said property
which improvements requires the obtaining of a permit which property
is located within the area delineated as Zone "B'' or Zone "C�' on the map adopted
�°"' in Section 2 shall execute an Avigation Release in the form described in Section 5
of this ordir�ance as a condition precedent to the obtaining of a building permit and
a certificate of occupancy.
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Sectian 5. The form of the Avigation Release required pursuant to Section 3
and 4 of this ordinance is contained in Exhibit "A'' which Exhibit is attached hereto
and incorporated herein for all purposes and is hereby approved.
Section 6. This ordinance to the extent necessary shall be deemed an
amendment to the City Ordinances governing Rules and Regulations of subdivisions
and the Building Code of the city.
Section 7. Severability Clause. If any sentence, article, paragraph, sent�nce,
clause, phrase or word in this Ordinance, or application thereof to any person or
circumstances, is held invalid or unconstitutional by a Court of competent jurisdiction,
such holding shall not effect the validity of the remaining portions of this Ordinance;
and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in
full force and effect.
,,,�„ Section 8. Penalty. Any person violating any of the provisions of this Ordinance
shall be deemed guilty of a misdemeanor and subject to a fine not to sxceed Two Hundred
($200.00) Dollars for each offense and each and every day any such violation shal I exist
or continue shall constitute a separate offense.
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Section 9. Emergency. The fact that there are no present ordinances of the City
of Grapevine relating to the noise factors in the proximity of the Regional Airport
and the impact on adjacent property creates an urgency and an emergency and in the
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preservation of the public health, safety and welfare requires that this Ordinance
shall take effPct immediately from and after its passage and the publication of
� the caption as the law and charter in such cases provides.
DULY PASSED by the City Council of the City of Grap�vine, Texas,
this 17 day of January , 1978.
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Ma yor
ATTESTED:
City creta
APPROVED AS TO FORM:
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City Attorney
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