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HomeMy WebLinkAboutORD 2000-076 ORDINANCE NO. 2000-76 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 12 DEFINITIONS; SECTION 23 "LB" LIMITED BUSINESS DISTRICT; SECTION 23A "GV" GRAPEVINE VINTAGE DISTRICT; SECTION 24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS; SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS; SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS; SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT; AND SECTION 32 "BP" BUSINESS PARK DISTRICT, 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 WHEREAS, the City of Grapevine has proposed several amendments to the Official Zoning Map of the City of Grapevine, Texas and has submitted same to the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether the requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the areas immediately surrounding the effected zoning districts; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhoods, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed uses around the effected zoning districts and in the immediate neighborhoods, adequacy of parking, location of ingress and egress points for parking, and protection of public health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether the requested changes should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council further considered among other things the character of the effected zoning districts and their peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the proposed zoning ordinance amendments, that the public demands it, that the public interest clearly requires the amendment, that the zoning ordinance amendments do not unreasonably invade the rights of those who bought or improved property with reference to the classifications which existed at the time their original investment was made; and does find that the changes in the zoning ordinance lessen the congestion in the streets, help secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, building height presents unique public health and safety concerns relative to fire protection, which concerns can be addressed by regulating the maximum number of floor levels allowed adjacent to residential zoning districts as such regulation ensures adequate access and safety for Fire Department personnel and sufficient ventilation and emergency exit access at hotels; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for these changes in the zoning ordinance and has also found and determined that there has been a change in the conditions of the effected zoning districts and surrounding properties since their original classification; and, therefore, feels that changes in the zoning ordinance are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Grapevine, Texas and help promote the general health, safety, and welfare of this community. ORD. NO. 2000-76 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all 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 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 12 Definitions is hereby amended by the addition of Subsection A.143a to read as follows: "143a. FLOOR - LEVEL - Any occupiable or usable floor space including mechanical rooms, storage areas, and expansion space. Floor Levels may have elevation changes not to exceed 24 inches." B. That Section 23 "LB" Limited Business District is hereby amended by amending Subsection 23.1.1 to read as follows: "23.1.1 No principal structure shall be erected or altered to a height exceeding two (2) stories or twenty-five (25) feet except buildings located adjacent to an R-20, R-12.5, or R-7.5 District, buildings shall not exceed one (1) floor level or twenty (20) feet in height." C. That Section 23A "GV" Grapevine Vintage District Regulations is hereby amended by amending Subsection 23A.1.1 to read as follows: "23A.I.1 No principal structure shall be erected or altered to a height exceeding thirty-five (35) feet, except buildings located contiguous to an R-20, R-12.5, R-7.5 or R-5.0 Residential District shall be limited to one (1) floor level." D. That Section 24 "CN" Neighborhood Commercial District Regulations is hereby amended by amending Subsection 24.1.1 to read as follows: "24.1.1 No principal structure shall be erected or altered to a height exceeding thirty (30) feet except buildings located adjacent to an R-20, R-12.5, or R-7.5 Residential district shall not exceed ORD. NO. 2000-76 3 one (1) floor level or twenty-five (25) feet in height." E. That Section 25 "CC" Community Commercial District Regulations is hereby amended by amending Subsection 25.1.1 to read as follows: "25.1.1 No principal structure shall be erected or altered to a height exceeding fifty (50) feet except buildings located contiguous to an existing R-20, R-12.5, or R-7.5 District, height shall not exceed one (1) floor level or twenty five (25) feet in height." F. That Section 26 "HC" Highway Commercial District Regulations is hereby amended by amending Subsection 26.1.1 to read as follows: "26.1.1 No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty-five (35) feet; except buildings located adjacent to an R-20, R-12.5, or R-7.5 District shall not exceed one (1) floor level or twenty (20) feet in height." G. That Section 27 "PO" Professional Office District Regulations is hereby amended by amending Subsection 27.1.1 to read as follows: "27.1.1 No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty (30) feet except buildings located contiguous to a R-20, R-12.5, or R-7.5 District, buildings shall not exceed one (1) floor level or twenty (20) feet in height." H. That Section 31 "LI" Light Industrial District is hereby amended by amending Subsection 31.I.a to read as follows: "31.I.a HEIGHT: No building or structure shall be erected or altered to a height exceeding fifty (50) feet; except buildings located contiguous to an existing R-20, R-12.5 or R-7.5 Single Family District shall not exceed one (1) floor level or thirty-five (35) feet in height." I. That Section 32 "BP" Business Park District Regulations is hereby amended by amending Subsection 32.1.1 to read as follows: "32.1.1 No building or structure shall be erected or altered to a height exceeding fifty (50) feet; except buildings located adjacent to an R-20, R-12.5, or R-7.5 District shall not exceed one (1) floor level or twenty (20) feet in height." ORD. NO. 2000-76 4 Section 3. 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 4. 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 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, 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 18th day of July, 2000. APPROVED: William D. Tate YY Mayor ATTEST: Linda Huff // City Secretary ORD. NO. 2000-76 5 APPROVED AS TO FORM: e9-2-71 John F. Boyle, Jr. City Attorney ORD. NO. 2000-76 6