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HomeMy WebLinkAboutORD 1986-077 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 86-77 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE CITY'S COMPREHENSNE ZONING ORDINANCE, SAME ALSO BEING KNOWN AS APPENDIX "D", OF THE COI3E OF OR- DINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY AMEN- DING PAI�,AGRAPH[ E OF SECTION 51 1Z,ELA'TING TO RE- QUIREMENTS FOR OPEN SPACE AND RECREATIONAL AREAS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE �"`ry SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON VJH[ICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A1V EMERGENCY; PROVIDING AN EF- �r,,,� FECTNE DATE. WHEREAS, after Public Notices were given in compliance with State law and Public Hearings were conducted, the Planning and Zoning Commission has recommended certain amendments and change� to section 51E of Ordinance No. 82-73, the City's Comprehensive Loning Ordinance, same also being known as Appendix "D" of the Code of Ordinances of the City of Grapevine, Texas; and WHEREAS, after due deliberation and consideration of the recom- mendation of the Planning and Zoning Commission, and all of the information submitted during the Public I-€earings, the City Council has concluded that it is in the public's best interest and in support of the health, safety, morals, and general welfare of the City that Ordinance No. 82-73 be amended accordingly. NOW THEIZ,EFORE BE IT ORDAINED BY 'I'HE CITY COUNCIL OF THE CITY (�F GRAPEVINE, TEXAS: Section l. That all of the matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. Section 2. That Section 51E of Ordinance No. 82-73 the City's Comprehensive Zoning Ordinance, same also being known as Appendix "D" of the `� vA Code of Ordinances of the City of Grapevine, Texas be and is hereby amended in its entirety as follows: �.«. "In any case in which the land required to be dedicated or otherwise reserved by this Section 51 would be less than thirty thousand (30,000) square feet, the developer or subdivider shall, and in all other instances the City Council may, upon finding that the park and recreational needs of a proposed development would be better served by the expansion or improvement of an existing park, require that the developer or subdivider pay the City af Grapevine a sum of money that is equal to the fair market value of the land that would be required to be dedicated or otherwise reserved for open space or park and recreational areas pursuant to this Section 51 in lieu of such dedication or reservation. A developer or subdivider may, with the consent of the City Council, as an alternative to, and in lieu of, dedicating or otherwise reserving land for open space or park and recreational purposes, pay the aforesaid sum to the City of Grapevine. Said payment shall be made in the form of a cashier's check or other cash equivalent including an irrevocable letter of credit on a form approved by the City Attorney and with a bank or financial institution acceptable to the City and delivered to the Director of Community De- velopment no later than 5:00 p.m. on the day the plat is scheduled �..,. for consideration and review by the Planning and Zoning Com- mission and City Council. Title to all payments, in whichever approved form of payment is used, shall vest in the City immediately upon approval of the final plat by the City Council. � All such payments: (1) shall be segregated in a separate fund and used only for the acquisition and improvements of open space and park and recreational areas within the City of Grapevine that will meet the needs of the residents of the development or subdivision in respect of which such payment was made; (2) shall be expended on t�e acquisition or improvements of park land that is not more than one mile from the development or subdivision, or within two miles from the development or subdivision in the event the City Council determines and finds that it is not feasible, practical or advantageous to expend the funds within the one mile distance; (3) if not expended within three years of receipt, or unconditionally committed to be expended, shall be refunded to the developer or subdivider." Section 3. Any person who shall violate a provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) and a separate offense shall be deemed committed upon each day during or on which violation occurs. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances i� held invalid or unconstitutional by a Court of competent jurisdiction, such ,�,�. holding shall not affect the vaiidity of the remaining portion� 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. �ection 5. 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, �afety, and general welfare of the public which requires that this ordinance become �ffective from and after the date of its passage and it is accordingly so ordained. PAS�ED AND APPROVEB this 16th day of December 1986. Mayor, City o Grapevine, Texas ATT��T: ' Cit� Secretary, City of Grapevine exas �".'n [vEALI �,:> .DASTOF City Attorney, City o Grape e, xas �� �