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HomeMy WebLinkAboutItem 05 - AM14-01MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR TA I Wa 111,01 SUBJECT: ZONING ORDINANCE AMENDMENT AM14 -01— LIMITATION ON THE TABLING OF REQUESTS SCHEDULED FOR A JOINT PUBLIC HEARING Planning and Zoning Commission and the City Council to consider an amendment to Section 67, Amendments of the zoning ordinance relative to the tabling of requests scheduled for a joint public hearing, and take any necessary action. As the ordinance is written there are no specific guidelines established relative to the tabling of a request that has been placed on the Council's and Planning and Zoning Commission's joint public hearing agenda. Currently, an applicant can make a request to table in writing prior to the meeting or during the actual public hearing for the particular case in question. If the request to table has been granted the case is postponed to a particular date and the public is informed of what has taken place verbally. No further action is taken on the agenda item until the rescheduled date. At a Council work session on January 7, discussion was held on the subject of placing a limitation on the number of requests that can be made to table a case scheduled to be heard by the Council and the Planning and Zoning Commission during the joint public hearing process — specifically, no more than one request to table not to exceed 30 days in duration. Staff recommends the following wording be placed within Section 67, Amendments, of the zoning ordinance: An application for an amendment to the zoning ordinance or a requested change in zoning can be tabled (postponed) no more than once and must be scheduled to be heard no later than the next scheduled joint public hearing. This requirement also applies to applications being considered during the Planning and Zoning Commission's deliberations. This requirement shall not apply to requests to table presented by city staff, the City Council, or the Planning and Zoning Commission. Staff recommends approval. 2MAM14 -01.4 2/12/2014 4:00:00 PM DRAFT COPY 021814 Section 67. Amendments A. APPLICATION FOR ZONING CHANGES: 1 Any person, firm or corporation requesting change in zoning of any property from one district classification to another district classification under this Ordinance shall make an application in writing to the City Planning Department requesting change in zoning, which application shall contain the following information: a. Legal description of the land on which a zoning change is requested, together with the local street address. b. Name and address of the owner of the property. C. Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application. d. District use under which the property is regulated at the time of making application and the district use requested by the applicant. e. Any other information concerning the property as may be reasonably requested by the City Planning Department. 2. Upon filing of an application for a change in zoning with the City Planning Department, the applicant shall pay to the City the sum of five hundred dollars ($500.00) for all tracts that do not exceed one (1) acre and an additional filing fee of twenty five dollars ($25.00) per acre, on any part thereof, for each additional tract that exceeds one (1) acre, no part of which shall be returnable, regardless of the action taken on the request. For a request for a change in zoning related to the establishment of a Historic Landmark "H" designation, there shall be no fee. For established planned commercial centers in excess of five (5) acres, the application fee for conditional/special uses shall be determined as follows: a. For interior modifications relative to established structures regardless of the size of said structure, the fee shall be $500.00. Sec.67 draft 021814.doc 112001 Section 67 • ` ' • 1411 b. For new construction with an established legally described property boundary the fee shall be based solely on the size of said legally described property which shall be calculated as follows: $500.00 for the first acre and an additional $25.00 per acre or part thereof. C. For any modifications to the approved plan for an established planned commercial center that effects or is relative to the entire planned commercial center, the fee shall be based upon the size, in acres, of the entire center. 3. 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-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts, on all or any portion of the property previously considered for amendment or change in zoning; provided, however, said one-year waiting period shall not be applicable to any proposed amendment or change instituted by the City Council or Planning and Zoning Commission or to any proposed amendment or change denied by the City Council without prejudice. For purposes of this section, denied by the City Council shall mean that on final reading: (a) a motion by the City Council to deny the requested zoning change passed by a majority of the quorum present and voting; or (b) a motion by the City Council to deny or approve the requested zoning change received a tie vote of the quorum present and voting; or (c) a motion by the City Council to approve the requested zoning change failed for lack of having the necessary votes; or (d) a motion by the City Council to approve a withdrawal of a requested zone change, when requested by the applicant, that is approved by a majority of the quorum present and voting. A denial without prejudice must be expressly granted by the City Council, except that a tie vote shall automatically constitute a denial without prejudice. Sec.67 draft 021814.doc 112001 KA 6-1 TWOM ". ORDINANCE NO. 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 67, AMENDMENTS 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 1 NOW, THEREFORE, ORDAINED BY THE CITY COUNCIL OF • GRAPEVINE, 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 67, Amendments is hereby amended by amending subsection A.3. to read as follows: "3. 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 -year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts, on all or any portion of the property previously considered for amendment or change in zoning; provided, however, said one -year waiting period shall not be applicable to any proposed amendment or change instituted by the City Council or Planning and Zoning Commission or to any proposed amendment or change denied by the City Council without prejudice. For purposes of this section, denied by the City Council shall mean that on final reading: (a) a motion by the City Council to deny the requested zoning change passed by a majority of the quorum present and voting; or (b) a motion by the City Council to deny or approve the requested zoning change received a tie vote of the quorum present and voting; or (c) a motion by the City Council to approve the requested zoning change failed for lack of having the necessary votes; or (d) a motion by the City Council to approve a withdrawal of a requested zone change, when requested by the applicant, that is approved by a majority of the quorum present and voting. A denial without prejudice must be expressly granted by the City Council, except that a tie vote shall automatically constitute a denial without prejudice. An application for an amendment to the zoning ordinance or a requested change in zoning can be tabled (postponed) no more than once and must be scheduled to be heard no later than the next scheduled joint public hearing. This requirement also applies to applications being considered during the Planning and Zoning Commission's deliberations. This requirement shall not apply to requests to table presented by city staff, the City Council, or the Planning and Zoning Commission." 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. 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 18th day of February 2014. ORD. NO. 2 ATTEST: