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HomeMy WebLinkAboutORD 1999-180 ORDINANCE NO. 99-180 � _� AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING SECTIONS 2(B) (14) (b) AND 2(B) (14) (f� OF APPENDIX B OF THE GRAPEVINE CODE OF ORDINANCES RELATING TO FINAL PLATS TO PROVIDE A PARTIAL EXEMPTION FOR SUBDIVISIONS TO PERMIT A WINERY OR WINE TASTING FACILITY IN THE GRAPEVINE VINTAGE DISTRICT FROM CERTAIN PROVISIONS RELATING TO ROAD AND STREET IMPROVEMENTS BY REQUIRING PAYMENT OF COSTS FOR CURBS, GUTTERS, SIDEWALKS AND DRIVEWAY APRONS ONLY; PROVIDING A SERVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, Appendix B, Section 2 (B) (14) (b) of the Grapevine Code requires that a subdivider must improve to meet the City of Grapevine's current standard, any existing road or street that abuts the proposed subdivision where such roads or streets are deemed inadequate or substandard; and WHEREAS, Appendix B, Section 2 (B) (14) (fl requires payment of certain fees in ;� 4 connection with such road and street improvements prior to issuance of a building permit; and WHEREAS, the City Council of the City of Grapevine, Texas (the "City") desires to provide a partial exemption from such road and street improvement requirements for subdivisions with wineries and wine tasting facilities in the Grapevine Vintage District by requiring payment of the costs for curbs, gutters, sidewalks and driveway aprons only for such subdivisions; NOW THEREFORE, BE IT ORDAINED BY the City Council of the City of Grapevine, Texas: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Appendix B, Section 2 (B) (14) (b) of the Grapevine Code relating to final plats is hereby amended by the addition of the following provision: "(3) With respect to a subdivision consisting of one single lot which is developed and used only for a winery and/or wine tasting facility, in an existing building in the Grapevine Vintage District, the subdivider shall not be required to improve the existing pavement of roads and streets that abut such proposed subdivision but shall be �° required to pay all costs for curbs, gutters, sidewalks, and driveway aprons abutting such subdivision in accordance with section 2(B)(14)(fl below. Provided however, that in the event the use of the subdivision for which such exemption has been made is " ° changed to a use other than a winery or wine tasting facility, prior to the issuance of a building permit for such different use, compliance with the requirements of section �- 2(B)(14)(b)1 above regarding improvements of the pavement of abutting roads and streets shall be required." Section 3. That Appendix B, Section 2 (B) (14) (fl (2) of the Grapevine Code relating to final plats is hereby amended in its entirety to read as follows: (2) (a) With respect to a subdivision consisting of one single lot which is developed and used for only one single family residential dwelling unit and for which the subdivider is required to pay only for the costs of curbs, gutters, sidewalks and driveway aprons pursuant to Section 2 (B) (14) (b) (2) above, the subdivider shall pay to the City a fee equal to one hundred percent (100%) of the estimated cost of such curbs, gutters, sidewalks and driveway aprons. (2) (b) With respect to a subdivision consisting of one single lot which is developed and used only for a winery and/or wine tasting facility in an existing building in the Grapevine Vintage District and for which the subdivider is required to pay only for the costs of curbs, gutters, sidewalks and driveway aprons pursuant to Section 2 (B) (14) (b) (3) above, the subdivider shall pay to the City a fee equal to one hundred percent (100%) of the estimated cost of such curbs, gutters, sidewalks and driveway �,.:�, aprons." Section 4. That all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of the Grapevine Code are not amended but shall remain intact and are hereby ratified, verified and a�rmed. Section 5. If any sections, 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 6. The fact that the present ordinances and regulations of the City are inadequate to properly safeguard inhabitants of the City, 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 21st day of December, 1999. ORD. NO. 99-180 2 APPROVED: �. �--- ---�_ William D. Tate Mayor ATTEST: _ � �w Lin a uff City Secretary APPROVED AS TO FORM: ��� John . Boy e, r. � City Attorney <�:�,;:;4 ORD. NO. 99-180 3