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HomeMy WebLinkAboutORD 2011-027 ORDINANCE NO. 2011-27 AN ORDINANCE OF THE CITY COUNCIL 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 CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 12 DEFINITIONS; SECTION 21, "R-MF-1" MULTIFAMILY DISTRICT REGULATIONS; SECTION 22, "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS; SECTION 24, "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS; SECTION 27, "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, 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 City Code is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 12, Definitions is hereby amended with the addition of subsection A.9a. to read as follows: "9a. ASSISTED LIVING FACILITY shall mean an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment and that provides personal care services as defined by Chapter 247 of the Texas Administrative Code. Personal care services included assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person's physical and metal well-being." B. That Section 12, Definitions is hereby amended by amending subsection 333. in its entirety to read as follows: "333. RESERVED FOR FUTURE USE" C. That Section 21, "R-MF-1" Multifamily District Regulations is hereby amended by amending subsection C.6. in its entirety to read as follows: "6. Assisted Living Facilities (See Section 21.N.)." D. That Section 21, "R-MF-1" Multifamily District Regulations is hereby amended by amending subsection N. to read as follows: "N. DESIGN REQUIREMENTS FOR DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: The following minimum design requirements shall be provided in the R-MF-1 Multi-Family District. 1. MINIMUM LOT SIZE OF DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: Lots for day care centers and assisted living facilities permitted as a conditional use shall have a minimum lot area of one (1) acre. 2. MINIMUM AREA REGULATIONS OF DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: The following minimum standards shall be required for day care centers and assisted living facilities permitted as a conditional use: a. Depth of front yard, feet - 30 b. Depth of rear yard, feet - 25 c. Width of side yard, each side - 20 d. Width of lot, feet - 150 e. Depth of lot, feet - 175 " E. That Section 22, "R-MF-2" Multifamily District Regulations is hereby amended by amending subsection C.6. in its entirety to read as follows: "6. Assisted Living Facilities (See Section 22.N.)." F. That Section 22, "R-MF-2" Multifamily District Regulations is hereby amended by amending subsection N. to read as follows: "N. DESIGN REQUIREMENTS FOR DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: The following minimum design requirements shall be provided in the R-MF-1 Multi-Family District. ORD. NO. 2011-27 2 1. MINIMUM LOT SIZE OF DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: Lots for day care centers and assisted living facilities permitted as a conditional use shall have a minimum lot area of one (1) acre. 2. MINIMUM AREA REGULATIONS OF DAY CARE CENTERS AND ASSISTED LIVING FACILITIES: The following minimum standards shall be required for day care centers and assisted living facilities permitted as a conditional use: a. Depth of front yard, feet - 30 b. Depth of rear yard, feet - 25 c. Width of side yard, each side - 20 d. Width of lot, feet - 150 e. Depth of lot, feet - 175 " G. That Section 24, "CN" Neighborhood Commercial District Regulations is hereby amended by amending subsection C.10. in its entirety to read as follows: "10. Assisted Living Facilities" H. That Section 27, "PO" Professional Office District Regulations is hereby amended by amending subsection C.3. in its entirety to read as follows: "3. Assisted Living Facilities" Section 2. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3. That 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 or 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. ORD. NO. 2011-27 3 Section 4. That 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 final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st of June 2011. APPROVED: Z4;f:4- William D. Tate Mayor ATTEST: /A!. d ' �• d Lin.a Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2011-27 4