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HomeMy WebLinkAboutORD 1982-070 ORDINANCE NO. 82-70 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ADOPTING THE BYLAWS OF THE PLANNING & ZONING COMMISSION; PROVIDING A PENALTY; PRO- VIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That the Bylaws of the Planning & Zoning Commission of the City of Grapevine, Texas , attached hereto and made a part hereof as Exhibit "A" , are hereby adopted. Section 2. Any person, firm, or corporation violating ' any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Munici- pal Court, shall be fined in an amount not to exceed the sum of Two Hundred Dollars ($200 . 00) for each off�nse. Section 3. If any section, paragraph, subdivision, clause, phrase, or provisions of this ordinance shall be judged invalid or unconstitutional , the same shall not affect the validity of this ordinance as a whole or any por- ; tion thereof other than that portion so decided to be invalid or unconstitutional. Section 4 . The fact that Bylaws do not currently exist for the Planning and Zoning Commission creates an urgency and an emergency and the preservation of the public health, safety, and welfare requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law and the City Charter in such cases provides. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF - GRAPEVINE, TEXAS on this the 19th day of October, 1982. APPROVED: W Mayor ATTEST: City Secreta APPROVED AS TO FORM AND LEGALITY: City Attorney EXfiIBIT "A" � ORDIIVANC� NO. 82-70 CITY OF GRA�EVINE, TF,XAS P7�NNIl`bG & ZONING COD�•1ISSION BYI,AtdS I. Il��ACT OF PLAI�TI�TING & ZONING COP+�IISSION The Planning & Zoning Co�nission is a vital link in the achninistration of the Com�rehensive Plan of the City of Grapevine. The Co�reh�nsive Master Plan consists of the Zoning Ordinance and its amenc�nents, Subd.ivision Ordinance, Thoroughfare Plan, and other ordinances which regulate the use of land. In its review and advisory function, the Planning & Zoning Comtu.ssion is the custodian of the C�rehensive Mastex Plan. The Conmission has an opportunity to prevent disruption to the Carg�rehensive Master Plan in its rec�n�:tions to the City Council regarding all zoning cases and in its decisions regarding approval or denial of preliminary plats for subdivisions. The C�ianission has an opportunity to insist that all requir�nents are met regarding ingress and egress to property; that public or private streets have adeauate ' rights-of-way to conform to the Thoroughfare Plan; sid�walks, utilities, drainage, parking space, maxinnml lot coverage, yards and open spaces, screening walls or fences and landscaping, recreation areas and protective require��nts are considered necessa�% to create a reasonable transition to and protection of adjacent property, which are cxmr�atible with the Comprehensive Master Plan. Decisions and reco��endations of the Comnission shawing a lack of cantinuity can render the C�rehensive Master Plan ineffective and create mistrust in the minds of citizens. 2�orough study and wise reccar��ndations make the Ccx�rehensive Ma.ster Plan effective, stabilize and preserve property values, and produce confidence and support in the minds of citizens. II. FUNCTIONS OF Tf� CONIl�IISSION T3�e Planning & Zoning C�ussion is an advisor to the City Council of Grapevine. It is the duty of the Cor,mission to keep itself infornled of trends in City planning and to make studies and rec�ndations to the City Council for plan in�rovem�ents regarding matters which may seem beneficial and in - the interest of the City. It is the responsibility of the Co�u.ssion to fo��nzlate a plan to regulate and restrict the locations of trades and industries, the location af buildings designed for specific uses, and to regulate and lir.iit the height and bulk of buildings. The Comnission shall recon�anend amendments in the Zoning Ordanance to the City Council wheri such amenchnents are needed because of changing conditions, new practices, or court decisions. III. P'�ERS OF Tf-iE CQNB�'iTSSION The Planning & Zoning Canmission shall be oom�osed of seven (Z) members. The mexnbers shall be resident citizens, taxpayers, and qualified voters of the City, ail of whom shall be appointed by the City Council to serve for terms of three (3) years. All vacancies shall be filled for the unexpired terr.l in the san� manner as provided for the original appointrrents. All e.�pired terms shall be fiJ_?ed for tern�s as provided for the original appointments and in the same manner. Members of the C�mission may be removed by the consent of the City Council. The members of the Comnission serve without compensation. IV. OFFICERS AND 7�IR IXJTIES A. The officers of the Planning & Zoning Cornnissior. shall be the Chairnian and Vice Chairnti-�n. B. The Chairmari and Vice Chairman shall be elected annually at the organization rneeting after their appointrnent as members of the Planning and Zoning Comnission by the City Council. Nceni.nations shall be made by the CcRimission m�rship and the election shall follaw in�er�diately. The candidate receiving a majority vote tor the position for which he was nominated shall be declared elected and shall take office imnediately. Upon request of a Cor�mission m�r, election may be by ballot. C. The Chaim�n will preside over all meetings of the Co�nission and have the duties norn�ally conferred by parliamentary usage to such office. He shall have the privilege of discussing all matters before the Ccmmission and voting thereon. He shall sign svbdivision plats approved by the Conriission and such other papers and docun�nts - as may be deemed necessary. He shall appoint all C�nittees and may call special meetings of the Camnission. He shall be responsibie for the efficient and orderly transaction of the Coimtission's business. Opening statement to the audience: "The members of the Conmission are appointed by your City Council. We donate our time for the benefit of aur City. The Corrmissian is a reca�mending body only - the final decision is made by your City Council. A denial of an ' Application for Rezoning precludes the filing of a new application of like nature for a period of one (1) year fran the date of the denial by the City Council." D. The Vice Chairnian shall perform the duties of the Chairn�n during his absence or inability to act. He shall sign subdivision plats during the absence or inability of the Chairn�an. E. The Secretary shall keep the minutes and records of the Cc�mission, provide copies of minutes to Comnission members, attend to the correspondence of the Ca�ussion, and such other duties as are normally carried out by a Secretary. It shall be the duty of the - Secretary to svbmit to the Co�nission the minutes of the previous meeting so that the same may be corrected, if necessary, to reflect �airly accurately the proceedings heard at the last meeting, and said minutes shall not be official until they are adopted by a majority vote of the Comnission. V. rIEEZ'INGS A. Attendance - All members must inform the Chairr.�an, Vice Chairman, or another memUer of the Cca�Ynission if they exp�ct 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, the Planning & Zoning Canmission may vote to bring this to the attention of the City Council. B. Regular r7eetings - Regular meetings shall be held en the third Tuesday of each month in the Council Chambers of the City Hall, unless otherwise determined by the Ca�nission. It is the intent of the Co�nissiori to consider four (4) to six (6) zoning cases per meeting. If an unusually lara,e n�nber of zoning cases should occur, the Cor��ission may schedule an additional meeting concurrently with � the City Council. C. Special A7eetings - Special meetings for any purpose may be held (1) on the call of the Chairn�-in; or (2) upon request of twr� or more �rs; or (3) as may be scheduled by a majority of the Cannission at any previous meeting. At the request of the City Council the tiure and place of the special meeting shall be detern�ined by the convening authority. D. Quarterly Meetings - Quarterl�� meetings will be held to keep abreast of the Master Plan. These meetings will be held on the lst Thursday of r9arch, June, Septemb�r, and Decemb�r. E. Quonun - Five {5) m�mbers of the Ccxrgnission shall constitute a quorum. F. rlotions - A fawrable vote by a majority of those members present shall be required to approve an�� matter before the Co�ni�siari or to reco�nend approval of any request rec�uiring Council action. Each me.mber shall be inforn�ed and shall investigate each zoning case filed. Any m�mber who misses a public hearing shall ir.form himself fully and shall not vote unless he feels t� is properly prepared. G. Conflict of Interest - Any member of the Camu.ssion ha.ving a Conflict of Interest as follaws shall not be eligible to vote: 1. Having an interest in the prcperty being rezvned or as an adjoining property cx�mer. 2. Having a disect financial interest in the case as an attorney, _ real estate agent, etc. 3. Being related to the applicant by the second degree of affinity or within the third degree of consanguinity. H. Right to Floor - Any mPr�ber desiring to speak will get perntission fresn the Chairnti-uz before addressing the audience for questions. VI. ZONING HE'�R�1GS, PROCE�LTRES, AND RULES A. Withdrawals 1. A recruest t�o alter, change, amend, enlarge, or withdraw an application or portion of an application after notices have been mailed to neighboring property a�mers for a public hearing may not be honored. A withdrawal of an application precludes the filing of a new application on the same tract or portion thereof for a period of 90 days fran the date of withdrawal. 2. In the event the applicant withdraws the application prior to the mailing of notices, the request will be honored and no further action will be taken. The filing fee will be retained by the City for administrative costs. B. Postponeme.nts 1. The applicant shall be allawed to postpone the hearing date once, provided that such a request shall be made in writing and such a request shall be received by the City Planning Departrnent prior to the mailing of notices to neighboring property cywners and upon payment of the postponem�_nt fee of $50.00. 2. Any application postponed by the applicant or his representative will be held for a period of no longer th�n sixty (60) days fran the date of the scheduled hearing. In the event the application is not pursued at the end of said period, the application will become null and void. The fili.ng fee and postponement fee shall be retained by the City for ac�ninistrative costs. ' C. Limitation on Re-applications - In order that zoning may promote the stability and well-being of the c�am�nity and may offer c�rtainty to the citizens of Grapevine with respect to the use and develo�zt of property, the following requirement shall gavern the filing of re-applications: When the City Council has denied a zoning application, no new application of like nature shall be accepted for a waiting period of one (1) year fro�n the date of Council denial. D. Petitions of Opposition - Any person or persons wishing to file a Petition of Opposition to a zoning request shall present said Petition to the City Planning Departrrent. Said Petitions should be filecl by 5:00 p.m. the day prior to the Public Hearing. The petitions will include the rsames legibly written, street addresses, and phone numbers of all who sign it. E. Site Plan Requirements - Any site plan to co�ne before the Planning & Zoning Co�nnission shall be drawn by a Registered Surveyor, Registered Architect, or Registered �gineer and shall contain the follawing information: 1. Date, scale, north point, nan� of avner, and name of person preparing the site plan. 2. Location of existing boundary lines and dimensions of the tract. 3. Dirrensions and size of all proposed buildings, structures, and land iirq�rovements. 4. Designated proposed specific land use for all building areas. 5. Clear designation of areas reserved for off-street parking and for off-street loading; type of surface material to meet City standards; the ratio of parking spaces to square feet of floor space or number of spaces provided for each dwelling unit. 6. Location and size of points of ingress and egress to public streets may be shawn on the site plan or the Comnission may ' rec.rosmiend such points of ingress and egress to public streets be shown on site plan; however, if specific location and size of points ingress and egress to public streets are not required to be shc�m on site plan, the location and size of such points shall not violate any ordinances or size of points of ingress and egress to public streets. • 7. Center line of existing water courses, drainage features, and flooclway easement. 8. Location and size of existing and proposed streets and alleys with location of all street intersections �djacent tA the area of request. 9. Location, type, and height of existing and proposed fences or screening walls. 10. Landscaping plan shall be required where such treatinent is essential to proper arrangement of development. Such plan is required when necessary to indicate the character of proposed development. The plan should include ornam�.ntal planting, _ lawns and gardens, playgrounds, and wr�oded areas that are to be - retained. The C�mission or City Council may require the landscaping plan. 11. Location and type of signs, lighting, luminaries, and exterior auditory speakers. 12. Area map indicating the neighborhood in which the property is located. 13. Each applicant shall file one (1) mylar and two (2) blue line copies of the site plan with the City Staff in a size � sufficient to clearly shaw all of the above information, and a copy xeroxed and reduced to 8� x 11.