HomeMy WebLinkAboutORD 1987-075 CITY OF GRAPEVINE
' ORDINANCE NO. 87-75
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 RELATING TO FINAL PLATS TO PROVIDE A
PARTIAL �MPTION FOR SUBDIVISIONS
CONSISTING OF ONE SINGLE LOT AND PLATTED TO
' ' PERMIT ONE SINGLE FAMILY RESIDENTIAL
DWELLING UNIT FROM CERTAIN PROVISIONS
RELATING TO ROAD AND STREET IMPROVEMENTS BY
�;� REQUIRING PAYMENT OF COSTS FOR CURBS,
GUTTERS, SIDEWALKS AND DRIVEWAY APRONS ONLY;
PROVIDING A SEVERABILITY CLAUSE; DECLARING
, AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Appendix B, Section 2(B) (14) (b) of the Grapevine
i 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
i WHEREAS, Appendix B, Section 2(B) (14) (f) requires payment
of certain fees in 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
i consisting of one single lot which is developed and used for
�� only one single family residential dwelling unit by requiring
� payment of costs for curbs, gutters, sidewalks and driveway
� aprons only for such subdivisions;
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i NOW THEREFORE, BE IT ORDAINED BY the City Council of the
; _ City of Grapevine, Texas, that :
I Section 1 . 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 . Appendix B, Section 2(B) ( 14) (b) of the
jGrapevine Code relating to final plats is hereby amended to
; read as follows :
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� "(b) (i) The subdivider shall pay for all
! costs of street paving (including costs for
curbs, gutters, sidewalks and driveway
� aprons) within its proposed subdivision and,
in addition thereto, the subdivider shall
improve to meet the City of Grapevine' s
current thoroughfare plan and pavement
j standards, any existing road or street that
� abuts the proposed subdivision, where said
� road or street is deemed inadequate or
f substandard according to said thoroughfare
plan and pavement standards .
j (ii) With respect to a subdivision which
consists of one single lot which is, and
�°y� during such time as it remains, developed
for onl one sin le famil
and used y g Y
residential dwelling unit, the subdivider
shall not be required to improve the
existing pavement of roads or streets that
abut such proposed subdivision but shall be
required to pay all costs for curbs,
gutters, sidewalks and driveway aprons
abutting such single lot in
accordance with Section 2(B) (14) (f) below.
Provided, however, that in the event the use
; of a single lot subdivision for which such
i an exemption has been made is changed to a
j use other than a single family residential
I dwelling unit, prior to the issuance of a
� building permit for such different use,
compliance with the requirements of Section
� 2(B)( 14) (b) (i) above regarding improvement
! of the pavement of abutting roads and
� streets shall be required. "
i Section 3 . Appendix B, Section 2(B) (14) (f) of the
f �� Grapevine Code is hereby amended to read as follows :
�
� " (f) (i) Where the proposed subdivision is
� located adjacent to a substandard road or
E street and it is deemed not feasible to
� improve said road or street at the time of
i development of the subdivision, the
; subdivider shall pay to the city a fee equal
� to one-half (1/2) of the cost of
improvements required to meet city standards
� ( including, but not limited to, excavation,
subgrade preparation, paving, drainage
I facilities, utility adjustments and
� engineering) and dedicate the necessary
� right-of-way for said road or street as a
,f condition precedent to the acceptance of the
i subdivision improvements by the city for
� maintenance purposes .
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', ( ii) With respect to a subdivision
� consisting of one single lot which is
developed and used for only one single
j family residential dwelling unit and for
i which the subdivider is required to pay only
j - - for the costs of curbs, gutters, sidewalks
I and driveway aprons pursuant to Section
i2(B) (14) (b) ( ii) above, the subdivider shall
i pay to the city a fee equal to one hundred
; percent ( 100�) of the estimated cost of such
i curbs, gutters, sidewalks and driveway
; aprons .
!I ( iii) The estimate of the cost of said
improvements shall be determined by the
director of public works and made available
to the subdivider .
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� ( iv) No building permits will be issued
; until all such fees have been paid.
;
� (v) Fees paid pursuant to this Section
;i 2(B) (14) (f) shall be placed by the city into
; a street improvement escrow fund, and shall
� be specifically reserved and used for the
� improvement of said road or street .
� �, ,r
! (vi) When a thoroughfare adjacent to a
i subdivision is improved, there shall not be
� a curb and gutter assessment levied by the
city against the property for which said fee
was collected. If the improvement to said
road or street does not occur within a
twenty-year (20-year) period from the date a
' fee is so placed on deposit with the city,
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such fee, including interest earned thereon,
shall be paid to the property owners of
record at the time such payment is to be I
made. "
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 affirmed.
�
Section 5 . 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 .
i Section 6 . The fact that the present ordinances and
� regulations of the City are inadequate to properly safeguard
the health, safety, morals, peace and general welfare of the
i 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.
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IPASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
; GRAPEV I NE, TEXAS th i s 17th day o f Nov�nber � � •
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; Mayor, City of Grapevine, Texas
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� ATTEST:
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� City Secretary, Ci of Grapevine, Texas
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[SEAL]
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� APPR�iTED �iS TO FORM:
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j City Attorney, City of rapevine, exas
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