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Home My WebLink AboutORD 1986-040 ORDINANCE NO. 86-40 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS RELATIVE TO THE PLANNING AND ZONING COMMISSION AND ITS BYLAWS; PRO— VIDING A SEVERABILITY CLAUSE; DECLARING �n=� AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That certain sections of Chapter 19, Article II of the Code of Ordinances of the City of Grapevine, Texas relating to the Planning and Zoning Commission are hereby amended to read as follows, and all other sections, subsections, paragraphs, definitions, words and phrases are not amended but are hereby ratified, verified and affirmed: "Section 19-21 . Created; appointment of inembers; terms . "There is hereby created and established for the city a planning and zoning commission, which shall be composed of seven (7) members . The members shall be resident citizens, taxpayers and qualified voters of the city, all of whom shall be appointed by the city council, to serve for terms of three (3) years. All vacancies shall be filled for the unexpired term in the same manner as provided for the original appointments . All expired terms shall be filled '� ' for terms as provided for the original appointments and in the same manner. Members of the commission may be removed �r �. by the city council. The members of the commission shall serve without compensation. " "Section 19-22 . Organization. "The planning and zoning commission shall elect a chairman and vice-chairman from its membership. It shall also have the power to make rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the city council and same shall be subject to approval by such council. Such bylaws shall include, among other items, provisions for: (a) regular and special meetings, open to the public; (b) records of its pro- ceedings, to be open for inspection by the public; (c) reporting to the governing body and the public, from time to time and annually; and (d) for the holding of public hearings on its recommendations. " "Section 19-34 . Officers and their duties. " (c) The chairman will preside over all meetings of the �:�� commission and have the duties normally conferred by parliamentary usage to such office. He shall have t e privilege of discussing all matters before the commission and voting thereon. He shall sign subdivision plats �� approved by the commission and such other papers and documents as may be deemed necessary. He shall appoint all committees and may call special meetings of the commission. He shall be responsible for the efficient and orderly transaction of the commission' s business. " " (e) The Department of Community Development shall keep the minutes and records of the commission, provide copies of minutes to commission members, attend to the correspondence of the commission, and such other duties as are normally carried out by the Department of Community Development. It shall be the duty of the Department of Community Development to submit to the commission the minutes of the previous meeting so that the same may be corrected, if necessary, to reflect fairly accurately the proceedings heard at the last meeting, and said minutes shall not be official until they are adopted by a majority vote of the commission. " "Section 19-35. Meetings. �1� " (d) Tri-Annual meetings. Three meetings will be held to keep abreast of the Master Plan. These meetings will be held on the fourth Tuesday of January, May, and October. " "Section 19-36 . Zoning hearings, procedures, and rules. " (a) Withdrawals. " (1) A request to amend or withdraw an application or portion of an application after notices have been mailed to neighboring property owners for a public hearing may not be honored. A withdrawal of an application precludes the filing of a new application on the same tract or portion thereof for a period of ninety (90) days from the date of withdrawal. " " (b) Postponements. " (1) The applicant shall be allowed to postpone the hearing date once, provided that such a request shall be made in writing and such a request shall be received by the Community Development Department prior to the mailing of notices to neighboring property owners and upon payment of the postponement fee of fifty dollars ($50 . 00) . " �`"'° " (c) Limitation on reapplications. In order that zoning may promote the stability and well-being of the community � � and may offer certainty to the citizens of Grapevine with respect to the use and development of property, the following requirement shall govern the filing of reappli- cations : A waiting period of one year, between the date an application for amendment to the zoning ordinance, or a requested change in zoning, is denied by the city council and a new application for such a change or amendment is accepted, is hereby established. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts and/or principal use (s) , on all or any portion of the property previously considered for amendment or change in zoning; provided, however, said one-year waiting period shall be not applicable to any proposed amendment or change instituted by the city council or planning and zoning commission. " " (d) Petitions of opposition. Any person or persons wishing to file a petition of opposition to a zoning request shall present said petition to the Community Development Department. Said petition should be filed by 5 : 00 p.m. on the day prior to the public hearing. The petition will include the names legibly written, street addresses, and �` * phone numbers of all who sign it. " " (e) Site plan requirements. Any site plan to come before � the planning and zoninq commission shall be prepared by, under the direction of, and executed by a Registered Surveyor, Registered Architect, or Registered Engineer and shall be in compliance with Section 47, Site Plan Review of the Comprehensive Zoning Ordinance No. 82-73 . " Section 2 . 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 holdings shall not affect the 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 3 . The fact that the present ordinances and regu- lations 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 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 17th day of June, 1986 . APPROVED: Mayor ATTEST: City Secretary �...� APPROVED AS TO FORM: ��;� City Attorney ,�..� �_�