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HomeMy WebLinkAboutORD 1990-043 ORDINANCE NO. 90-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 19 , ARTICLE II OF THE CITY OF GRAPEVINE CODE OF ORDINANCES RELATIVE TO THE PLANNING AND ZONING COMMISSION AND ITS BYLAWS; 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 l . That certain sections of Chapter 19, Article II of the Code Ordinances of the City of Grapevine, Texas relating to the Planning and Zoning Commission are hereby amended to read as follows, and all other sections, subsections, paragraphs, definitions, words and phrases are not amended but are hereby ratified, verified and affirmed: A. That Section 19-22 is hereby amended to read as follows: "The planning and zoning commission shall elect a chairman and vice-chairman from its membership. It shall also have the power to make rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the city council and same shall be subject to approval by the council. Such bylaws shall include, among other items, provisions for: (a) regular and special meetings , open to the public except where closed meetings are otherwise authorized by state law; (b) records of its � proceedings , to be open for inspection by the public except where the withholding of records is otherwise authorized by �,.� State law; and (c) the holding of public hearings on its recommendations . " B. That Section 19-23 is hereby amended to read as follows: "The planning and zoning commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts, for the future development and redevelopment of the City and its environs and shall have the power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city in accordance with Chapter 211 of the Texas Local Government Code, (formerly Articles 1011a through 1011j , V.A.C. S. ) . The commission shall perform such other duties as may be prescribed by ordinance or state law. " C. That Section 19-31 is hereby amended by amending subsection (a) to read as follows: " (a) The planning and zoning commission is a vital link in the administration of the Comprehensive Plan of the City of Grapevine. The comprehensive master plan consists of the ^"�`� zoning ordinance and its amendments (Appendix A and D) , subdivision ordinance (Appendix B) , thoroughfare plan, and other ordinances which regulate the use of land. In its �„ review and advisory function, the planning and zoning commission is the custodian of the comprehensive master plan. " D. That Section 19-35 is hereby amended by amending subsections (a) , (c) and (g) to read as follows: " (a) Attendance. All members must inform the chairman, vice-chairman, or another member of the commission if they expect to be absent at a particular meeting, giving the reason for their absence. If any member fails to provide such notification for three (3) consecutive meetings missed by said member, the planning and zoning commission may vote to bring this to the attention of the city council. " " (c) Special meetings. Special meetings for any purpose may be held: (1) on the call of the chairman; (2) upon request of two (2) or more members; or (3) as may be scheduled by a majority of the commission at any previous �,�, meeting. At the request of the city council the time and place of the special meeting shall be determined by the convening authority. " " (g) Conflict of interest. Any member of the commission having a conflict of interest as provided for in the Texas Local Government Code shall not be eligible to vote. " E. That Section 19-36 is hereby amended by amending subsection (c) to read as follows: " (c) Limitation on reapplications. In order that zoning may promote the stability and well-being of the community and may offer certainty to the citizens of Grapevine with respect to the use and development of property, the following requirements shall govern the filing of reapplications: A waiting period of one (1) year, between the date an application for amendment to the zoning ordinance, or a requested change in zoning, is denied by the city council and a new application for such a change or amendment is accepted, is hereby established. The one (1) year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts and/or principal use (s) , on all or any portion of the property previously considered for amendment or change r� � in zoning; provided, however, said one (1) year waiting period shall not be applicable to any proposed amendment or change instituted by the city council or planning and zoning ''"�"" c ommi s s i on. " Section 2 . 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 3 . 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 July , 1990 . �V APPROVED: � Wi liam D. Tate Mayor ATTEST: Li d Huff City Secretary �, APPROVED AS TO FORM: � John F. Boyle, Jr. City Attorney ��� �� �