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Home My WebLink AboutORD 1997-056 ORDINANCE NO. 97-56 � 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 53 LANDSCAPE REGULATIONS RELATIVE TO MINIMUM TREE SIZE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000.00) 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 � 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: That Section 53, Landscaping Regulations, is hereby amended by amending Sections 53.C., 53.D., 53.E. caption, 53.G.2., and 53.H.1 .d. to read as follows: "53.C. Enforcement: The provision of this section shall be administered and enforced by the Director of Development Services or his designee. If, at any time after the issuance of a Certificate of �"°"� Occupancy, the approved landscaping is found to be in non- conformance to the standards and criteria of this section, the Director shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have thirty (30) days from date of said notice to restore the ,. landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Ordinance." �, . "53.D. Permits: No permits shall be issued for building, paving, grading or construction until a Landscape Plan is submitted and approved by the Director of Development Services. In the event that the proposed development requires an approved Subdivision Plat, Site Plan, or Master Development Plan, no such final approval shall be granted unless a Landscape Plan is submitted and approved. Prior to the issuance of a Certificate of Occupancy for any ' building or structure, all screening and landscaping shall be in place in accordance with the Landscape Plan required in subsection E of this section. In any case in which an Occupancy Certificate is sought at a season of the year in which the Director of Development Services determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, an Occupancy """� Certificate may be issued notwithstanding the fact that the landscaping required by the Landscape Plan has not been � completed, provided the applicant posts a letter of credit or deposits cash in an escrow account in the amount of the estimated cost of such landscaping. Such letter of credit or escrow deposit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six (6) months of the date of the application and shall give the City the right to draw upon the letter of credit or escrow deposit to complete the said landscaping if the applicant fails to do so." "53.E. Landscape plans: Prior to the issuance of a building, paving, grading or construction permit for any use other than single family dwellings, a landscape plan shall be submitted to the Department of Development Services. The Director of Development Services, or a designee, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall �°` be accompanied by a written statement setting forth the changes necessary for compliance." Note: Remainder of 53.E is unchanged � ORD. NO. 97-56 2 �° � "53.G.2. Trees: Trees referred to in this Section shall be of a species common to this area of Texas and shall have an average spread of crown of greater than fifteen (15) feet at '�°� maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) feet crown of spread. Trees shall be of a minimum of three (31 caliper inches when measured six (6) inches above ground." "53.H.1 .d. The Director of Development Services may approve planter islands required by Section 53.H.1 .c. to be located further apart than twelve (12) parking spaces in order to preserve existing trees in interior parking areas. Off-street parking and drive areas located within the drip line of a tree shall be paved with permeable material approved by the Director of Development Services when the drip line of an existing tree is larger than planter islands required by Section 53.H.1 .c." Section 2. Any person vio►ating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an sum not to exceed Two Thousand Dollars (52,000.00) for each offense and a separate "�"" offense shall be deemed committed each day during or on which an offense occurs or continues. � Section 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 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 3rd day of June , 1997. � ORD. NO. 97-56 3 � � APPROVED: ..�,� William D. Tate Mayor ATTEST: .. -� it, nda uff City `Secretary APPROVED AS TO FORM: �. _ _ ,- �_, > .. , � r� _ _ -,� �a r:_ """' John F. Boyle, Jr. ' City Attorney � � ORD. NO. 97-56 4