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HomeMy WebLinkAboutORD 2022-061ORDINANCE NO. 2022-061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AM22-05 AMENDING SECTION 26, HIGHWAY COMMERCIAL DISTRICT, RELATIVE TO MINIMUM BUFFER YARD AND REAR SETBACK REQUIREMENTS BETWEEN COMMERCIAL USES AND ADJACENT RESIDENTIAL DISTRICTS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 26 of the Zoning Ordinance of the City of Grapevine regulates the Highway Commercial District of the Zoning Ordinance; and WHEREAS, the City Council wishes to amend Section 26 of the Zoning Ordinance; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Section 26 of the Zoning Ordinance - "Highway Commercial District" is hereby amended by revising Subsection (G)(5) to shall read as follows: "G. 5. REAR YARD: A rear yard equivalent to the adjacent or contiguous district shall be provided. Provided, however, there shall be no rear yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. A screen shall be provided regardless of the adjacent or contiguous district in accordance with the provisions of Section 50 of this Ordinance." Section 3. Section 26 of the Zoning Ordinance - "Highway Commercial District", is hereby amended by revising Subsection (H) to shall read as follows: "H. BUFFER AREA REGULATIONS: When an HC District abuts a Residential District, an appropriate buffer and screen shall be provided in accordance with the provisions of Section 50 of this Ordinance. Provided, however, there shall be no buffer yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street. A screen shall be provided regardless of building height or buffer yard in accordance with the provisions of Section 50 of this Ordinance." Section 4. Section 26 of the Zoning Ordinance - "Highway Commercial District" is hereby amended by revising Subsection (1)(1) to shall read as follows: "I. HEIGHT: 1. No principal structure shall be erected or altered to a height exceeding two (2) stories or thirty-five (35) feet. Principal structures located adjacent to an R-20, R- 12.5, or R-7.5, or R-5.0 District shall not exceed one (1) floor level and twenty (20) feet in height, however an increase up to five (5) feet to this requirement may be granted upon approval of a conditional use request by the City Council." Section 5. Section 26 of the Zoning Ordinance - "Highway Commercial District" is hereby amended by revising Subsection (M)(4) to shall read as follows: "M. DESIGN REQUIREMENTS: The following design requirements shall apply in the HC District: 4. Whenever an HC Highway Commercial District is adjacent to any residentially zoned district, a buffer strip, at least twenty (20) feet in width shall be provided between the two (2) districts. A wall, fence, or berm shall be erected to effectively screen the HC District from the residential area and no streets, alley, vehicular storage area or use shall be permitted in the required buffer strip. Provided, however, there shall be no buffer yard requirement for lots fronting on the south side of Northwest Highway, between Jenkins Street and Dooley Street." Section 7. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Ordinance No. 2022-061 2 Section 8. Any person, firm or corporation 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 ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance 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 10. 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 20th day of September, 2022. APPROVED: William D`-Tate Mayor ATTEST Tara Books City Secretary APPROVED AS TO FORM: Tk k�)' Q.. Matth w G. Boyle City Attorney Ordinance No. 2022-061 3