HomeMy WebLinkAboutORD 2000-018 ORDINANCE NO. 2000-18
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
APPENDIX "D" OF THE CODE OF ORDINANCES OF THE
CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR
AMENDMENTS AND CHANGES TO ZONING REGULATIONS
BY AMENDING SECTION 47 SITE PLAN REVIEW, SECTION
48 CONDITIONAL USES, SECTION 49 SPECIAL USES,
SECTION 50 SCREENING, AND SECTION 52 TREE
PRESERVATION; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH AN OFFENSE OCCURS OR
CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of
the City of Grapevine, Texas same being also known as Appendix "D" of the Code of
Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars,
and all other sections, subsections, paragraphs, definitions, words and phrases of said
Appendix "D" are not amended but are hereby ratified, verified and affirmed:
A. That Section 47 Site Plan Review is hereby amended by the addition of
subsection K Filing Fees For Uses Requiring a Site Plan to read as follows:
"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 two
hundred fifty dollars ($250.00) for all tracts or parcels of land that do not exceed
one (1) acre and an additional fee of twelve dollars and fifty cents ($12.50) per acre
or part thereof for each additional tract or parcel that exceeds one (1) acre, no part
of which shall be refundable regardless of the action taken on the request.
B. That Section 48 Conditional Uses is hereby amended by amending the first
paragraph of subsection D to read as follows and the remainder to remain the same.
"D. APPLICATION FOR CONDITIONAL USE PERMIT: An application for
a Conditional Use Permit shall be filed in duplicate with the Director of
Development Services, or such other official as he may designate, who shall
forward without delay one copy to the Planning and Zoning Commission. The
application shall contain a Site Plan and the following information; as well as
such additional information as may be prescribed by rule of the Commission
or the Director of Development Services. A site plan is not required for
property zoned R-5.0 Zero Lot Line District:"
C. That Section 48 Conditional Uses is hereby amended by amending
subsection E in its entirety to read as follows:
"E. HEARING ON CONDITIONAL USE PERMIT APPLICATION: A public
hearing on the application shall be held and notice thereof given in the
manner and form required for amendments as set out in Section 67 of this
Ordinance unless the Director of Development Services or the Planning and
Zoning Commission determines that the application is incomplete.
For applications involving minor modifications to previously approved
Conditional Use Permits, the Director of Development Services may present
the application to a Site Plan Review Committee consisting of a member of
the Planning and Zoning Commission (appointed by the Commission
Chairman), the City Council Representative to the Planning and Zoning
Commission, and the Director of Development Services, which shall
determine if the proposed modification(s) are such that a public hearing
before the Planning and Zoning Commission and the City Council is or is not
warranted. If the Site Plan Review Committee determines that a public
hearing is not warranted, the application will be reviewed and approved
administratively under the authority of the Site Plan Review Committee. For
administratively approved modifications to a previously approved Conditional
Use Permit, the full application fee shall be retained by the City.
D. That Section 49 Special Use Permits is hereby amended by amending
subsection B.1.a by the addition of the following new paragraph:
"For requests relative to communication uses that will be located on existing
structures with associated cabinetry/equipment located underground or
on/within an existing cabinet area/structure, or for the reconstruction of
existing towers or monopoles with no increase in height, said request, upon
review by the Director of Development Services may be considered a
permitted use to be administratively reviewed and approved under the
ORD. NO. 2000-18 2
authority of the Director of Development Services pursuant to Section 47,
Site Plan Review."
E. That Section 49 Special Use Permits is hereby amended by the addition of
the following new paragraph:
"For applications involving minor modifications to previously approved
Special Use Permits, the Director of Development Services may present the
application to a Site Plan Review Committee consisting of a member of the
Planning and Zoning Commission (appointed by the Commission Chairman),
the City Council Representative to the Planning and Zoning Commission,
and the Director of Development Services, which shall determine if the
proposed modification(s) are such that a public hearing before the Planning
and Zoning Commission and the City Council is or is not warranted. If the
Site Plan Review Committee determines that a public hearing is not
warranted, the application will be reviewed and approved administratively
under the authority of the Site Plan Review Committee. For administratively
approved modifications to a previously approved Special Use Permit, the full
application fee shall be retained by the City."
F. That Section 50 Screening is hereby amended by amending subsection C
in its entirety to read as follows:
"C. SCREENING STANDARDS: Under various zoning districts and
circumstances, screening is required. The following are the approved types
of screening as referred to in various places in this Ordinance:
1. SCREENING ALTERNATE A: Screening Alternate A shall consist of
a solid masonry or concrete wall to a minimum height of six (6) feet
measured from the average grade of the nearest property line of the
property adjacent to that on which the screening is required.
2. SCREENING ALTERNATE B: Screening Alternate B shall consist of
landscaped earthen berms to a minimum height of six (6) feet. Side
slopes of berm shall have a minimum of two (2) feet of horizontal
distance for each one foot of height. Berms shall contain necessary
drainage provisions as required by the City Engineer. Landscaping
shall be as required in Section 53.
3. SCREENING ALTERNATE C: Screening Alternate C shall consist of
a solid wood fence to a minimum height of six (6) feet measured from
the average grade of the nearest property line of the property
adjacent to that on which the screening is required."
ORD. NO. 2000-18 3
G. That Section 52 Tree Preservation is hereby amended by amending
subsection D.2 to read as follows:
"2. A Protected Tree Removal Permit shall be required when Protected
Trees are to be removed from a site. No person, directly or indirectly,
shall cut down, destroy, remove or move, or effectively destroy
through damaging, any Protected Tree, specimen tree or historic tree
situated on property described above without first obtaining approval
from the Director of Development Services and a Protected Tree
Removal Permit unless the conditions of Section 52.H.1 and 52.H.2
apply. A registered landscape architect, registered architect,
registered engineer or registered surveyor shall prepare a permit
submitted for approval by the Planning and Zoning Commission. A
Tree Removal Permit and/or Protected Tree Removal Permit
submitted for approval by Development Services Staff does not have
to be prepared by a registered landscape architect, registered
architect, registered engineer or registered surveyor."
H. That Section 52 Tree Preservation is hereby amended by amending
subsections H.1.(b) and H.2 to read as follows:
"H. 1. (b) The Protected Tree is diseased, injured, in danger of
falling, interferes with utility service, creates unsafe vision
clearance, or conflicts with other ordinances or regulations
with the approval of the Director of Development Services:"
"H. 2. Upon issuance of a building permit, developer shall be allowed
to remove Protected Trees located on the buildable area of the
property. Protected Trees located in required yard areas,
buffers and open space areas shall be maintained. The
buildable area shall include sufficient adjacent area to allow
the normal operation of construction equipment. Prior to any
tree removal, an inspection by the Building Department shall
be required and written approval from the Building Official
shall be granted before said tree(s) are removed."
Section 2. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which an offense occurs or continues.
Section 3. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
ORD. NO. 2000-18 4
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of February, 2000.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
IV\.\\*\
Matthew Boyle
City Attorney
ORD. NO. 2000-18 5