HomeMy WebLinkAboutORD 1985-085 ORDINANCE N0. 85-85
AN ORDINANCE 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 GRAPE-
�� VINE, TEXAS, BY PROVIDING FOR AMEND-
MENTS AND CHANGES TO DISTRICT REGULATIONS
BY AMENDING SECTION 45 RELATIVE TO CON-
CEPT PLAN REGULATIONS AND BY AMENDING
SECTION 51 RELATIVE TO REQUIREMENTS FOR
OPEN SPACE AND RECREATIONAL AREAS; PRO-
VIDING A PENALTY NOT TO EXCEED THE SUM OF
ONE THOUSAND DOLLARS ($1 , 000. 00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, 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 45 relating to Concept Plan Regulations be
amended to read as provided in Exhibit "A" , attached
hereto and incorporated herein for all purposes by this
reference.
B. That Section 51 relating to Requirements For Open Space
and Recreational Areas be amended to read as provided in
Exhibit "B" , attached hereto and incorporated herein for
all purposes by this reference.
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 One
Thousand Dollars ($1 , 000 . 00) for each offense and a separate
offense shall be deemed committed upon each day during or on
which a violation 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 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 public creates an emergency 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 December, 1985.
APPROVED:
Mayor
ATTEST:
�Z/�'(.E,1.�.� Q
City Secretary
APPROVED AS TO FORM:
�.��i,�f�C ���r��2��.
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City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 85-85
SECTION 45 CONCEPT PLANS
� A A. PURPOSE: The Concept Plan is intended to provide the Planning
and Zoning Commission and the City Council with the information
and data that is necessary to assess the merits of requests for
��� � rezoning.
B. WHEr1 REQUIRED. Approval of a Concept Plan shall be required in
connection with a request f_or rezoning of any specific parcel of
land when requesting zoning for the following zoning districts:
R-3 . 5, R-3 . 75, R-5. 0 , R-MF-1 , R-MF-2, R-TH, R-MH, R-MODH, P-O,
C-N, C-C, CBD, HCO, HC, LB, LI, or when a plat, (preliminary,
final or replat) is filed unless one has been approved with a
zone change request.
C. CONTENT OF CONCEPT PLAN. A Concept Plan shall include all of
the following information in graphic representation or written
document as appropriate, and shall be prepared by a registered
architect, registered engineer or registered surveyor.
1. Legal description and a survey or plat certified by a
registered land surveyor, showing date, scale, north point,
property boundary lines , dimensions and easements.
2 . Applicant' s name and address and their legal interest in the
subject property.
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3 . Owner' s name and address, if different from applicant, with
owner' s signed consent to the filing of the application.
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4 . Zoning classification and present use of �ubject property.
5. Land use designation as contained in the Comprehensive
Master Plan.
6 . Conceptual representation of proposed use.
7 . Conceptual representation of vehicular circulation within
the subject site.
8 . Conceptual representation of points of connection to the
public right of way.
9. Computation of proposed number of dwelling units and the
total acreage for residential use and the approximate square
footage of building, by type, for non-residential use.
10. Conceptual landscaping and buffer plan.
11 . Description of how essential public services, including
� water, sewer, drainage and solid waste, will be provided.
12. Description of any proposed grading, regrading or fill that
is proposed on the subject site.
Section 45 , Page 1
EXHIBIT "A" TO
ORDINANCE NO. 85-85
13 . Maximum number of parking spaces.
14 . Other information the applicant and/or owner might wish to
�,..:.,
include.
15 . The names, addresses and telephone numbers of all
professional consultants, if any, advising the applicant
��� with respect to the pr�posed rezoning.
16. Street address (or common description) of the property.
17 . A graphic rendering of the existing site conditions, which
depicts all significant natural, topographical and physical
features of the subject property including contours;
location and extent of tree cover; location and extent of
water courses, marshes and flood plains on the subject
property; and, existing drainage patterns;
18. Vicinity map indicating the area in which the property is
located.
Each applicant shall file one (1) mylar and two (2) blueline
copies of all conceptual or graphical representations required
herein, in a size sufficient to clearly show all infc�rmation
required, and a copy reduced to 8 1/2 X 11 , and two (2) copies
of written documents.
D. EFFECT OF CONCEPT PLAN. All subsequent site plans shall conform
,�„fl to the Concept Plan approved with the zoning application or
plat.
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Section 45 , Page 2
EXHIBIT "B" TO
ORDINANCE NO . 85-85
SECTION 51 REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL AREAS
A. PURPOSE: The requirements for open space, park and recreational
�''� areas contained in this Section 51 are intended to ensure that
in new residential developments in the City of Grapevine there
will be sufficient i_�r.� dedicated or otrerwise set aside to meet
�,,,,,, the demand and need of the future residents of the development
far o�en sp3ce, as�d. r��ighborhood parks , containing passive or
acti=,e recreational ar�as that are reasonably attri�ut�ible to
such development. In determining the size of the parcel, or
parcels, that should be set aside and reserved in the manner set
out in this Section 51 the City Council has taken as a benchmark
the standards of the National Recreation and Park Association.
It is the policy of the City that when lar.d is dedicated or
otherwise set aside and reserved for open space and park and
recreational areas, such land should be in close proYimity to
the residential development it is designed to serve and shall be
of such size, character, and dimensions as is necessary to
provide usable open space and park and recreational areas.
B. APPLICATION: A certificate of zoning compliance shall not be
issued for any residential subdivision or development unless
open space and park and recreational areas shall have been
3edicated or set aside on the subdivision plat or in the plan
for such development in accordance with the standards and
criteria in this Section 51 .
.M. .
C. CHARACTER AND MINIMUM AREA:
1 . Land dedicated or otherwise set aside for open space and
� � park and recreational areas shall be of such size,
dimensions , topography, and general character as is
reasonably required for the type of use proposed, e.g. , open
space buffer, active recreation for team or individual
sports, playground, tot lot, picnic area, etc.
2 . Unique natural areas or flood plains which provide an
opportunity for linkage parks may be included in areas
dedicated or otherwise set aside or reserved for open space.
3 . The minimum amount of open space and park recreational area
that shall be dedicated or otherwise reserved pursuant to
this Section 51 shall be:
a) In the R-20 , R-12 . 5, R-7.5, and R-5. 0 Districts three
hundred (300.) square feet per dwelling unit.
b) In all other residential districts, including the PRD-6
and PRD-12 districts , the open space and recreational
area requirements shall be observed.
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Section 51 , Page 1
EXHIBIT "B" TO
ORDINANCE NO. 85-85
4 . No land dedicated or otherwise reserved in compliance with
this Section 51 shall have dimensions smaller than one
hundred (100) feet in width and one hundred fifty (150) feet
in depth. In any development which includes wooded areas,
,�-.. flood plains, or other natural amenities which it is
desirable to maintain, the City Council may grant an
exception fram the strict application of these minimum
dimensions whenever it determines that by doing so the
"�``�' protection and preservation cf such areas will be promoted<
D. PLATTING REQUIREMENTS: The Director of Parks and Recreation, a
designated Parks and Recreation Board Member, and a member of
the Planning and Zoning Commission and City Council shall have a
plat review meeting regarding the propased land donation prior
to it being submitted to the City Council. Any land dedicated
or otherwise reserved under this Section 51 for open space or
park and recreational areas shall be shown on a plat submitted
for approval by the Planning and Zoning Commission and City
Council. Upon approval, said plat shall be filed of record in
the county in which the property is located.
The City Council may, upon application by a developer, or other
person or firm with a iegal interest in the land to be
developed, allow the open space and park and recreational areas
required by this Section 51 to be restricted to the use and
enjoyment of residents of the particular development or
subdivision. The City Council may grant such request whenever
it finds: (1) that the public open space and park and
recreational areas required by this Section 51 cannot be
effectively and efficiently integrated into the public park
system of the City; (2) that the open space and park and
recreational needs of the residents of the development or
subdivision can be supplied by the reservation of private open
space and recreational areas at least as adequately as by the
dedication of public park land; and, (3) that the developer or
subdivider has complied, or will comply, with the requirements
of Section S1 .F, below. Such open space and park and
recreational areas shall be clearly noted on the plat or master
development plan as "Private Open Space or Private Recreational
Land" at the time of submission to the City for action by the
Planning and Zoning Commission and City Council.
E. PAYMENT OF CASH IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND
RECREATIONAL AREAS:
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
,�.�.
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Section 51 , Page 2
EXHIBIT "B" TO
ORDINANCE N0. 85-85
improvement of an existing park, require that the developer or
subdivider pay the City of 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 recreatianal �ur_poses, pay the aforesaid sum
to the City of Grapevine. Said payment shall be made when a
plat is filed for approval by the Planning and Zoning Commission
and City Council. Al1 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 the acquisition
or improvements of park land that is not more than one (1) mile
from the development or subdivision, or within reasonable
proximity if a site or facility is unavailable within the one
(1) 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.
F. MAINTENArICE: If the open space and recreational areas required
by this Section 51 are to remain private, such areas shall be
maintained by and deeded to a homeowners ' association, or a
�"`" trustee. No plat or master development plan containing a
reservation of private open space and recreational areas shall
be approved until the applicant shall have filed with the Zoning
�'� Administrator a declaration of the covenants and restrictions
that will govern such association or trustee, and received
approval of the same from the Planning and Zoning Commission and
the City Council. Such instrument shall be approved by the City
Attorney as to legal form and effect, and by the Planning and
Zoning Commission as to the suitability of the proposed use of
the proposed open space and recreational areas .
The covenants and restrictions, when submitted, shall provide
for establishment of_ the homeowners ' association or trust prior
to the sale of any part of the property; that open space
restrictions and maintenance shall be permanent; that the
homeowners are liable for the payment of maintenance fees and
capital assessments; that unpaid homeowner' s; fees and
assessments will be a lien on the property of the delinquent
homeowners; that the association or trustee shall be responsible
for liability insurance, taxes and perpetual maintenance; that
membership shall be mandatory for each homeowner and any
successive buyer; and, that each homeowner, at the time of
purchase, shall be furnished with a copy of the approved
restrictions or conditior.s.
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Section 51 , Page 3