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Home My WebLink AboutORD 1992-026 „�.,., ORDINANCE NO. g2-26 AN ORDINANCE 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 CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 12 DEFINITIONS; SECTION 38 "CBD" CENTRAL BUSINESS DISTRICT; SECTION 51 REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL AREAS; AND SECTION 56 OFF-STREET PARKING REQUIREMENTS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; 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 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 Code of Ordinances of the City of Grapevine, Texas is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" are not amended but are hereby ratified, verified and affirmed: A. That Section 12 Definitions is hereby amended by amending Subsection 12-29 to read as follows: "29. BASEMENT shall be defined in the Grapevine Building Code, Chapter 4, Definitions and Abbreviations. " B. That Section 12 Definitions is hereby amended by amending Subsection 12.396 in its entirety to read as follows: "396a. STORY shall be defined in the Grapevine Building Code, Chapter 4, Definitions and Abbreviations. 396b. STORY, FIRST, shall be defined in the Grapevine Building Code, Chapter 4, Definitions and , �� Abbreviations. " C. That Section 28 "CBD" Central Business District is hereby � amended by adding a new subsection 28.C. 3 to read as follows: "3. Automotive repair garages, within a completely � ' enclosed building. Salvage and/or wrecking yards are prohibited. All storage areas must be surfaced and screening shall be provided in accordance with Section �� 58 & Section 50. " D. That Section 51 Requirements for Open Space and Recreational Areas is hereby amended by amending Subsection 51.E to read per the attached Exhibit "A" . Eo That Section 56 Off-Street Parking Requirements is hereby amended by amending Section 56.C.3 Food and Beverage Service to read as followse "3. FOOD AND BEVERAGE SERVICE: Eating or drinking establishment 12 plus 1 50 sq ft of service to auto. floor area. ' Eating or drinking establishment 1 3 persons no service to auto. (maximum occu- pant load for ' a building) . Food service establishment 1 100 sq ft ,� �, carry-out service only. gross floor ', area. , '�� Section 2. 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) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 3 . 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. Section 4. 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 19th day of May , 1992. �- � APPROVED: � \ William D. Tate Mayor ATTEST: � � o i C. Brown sistant City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. � � City Attorney � ,�..�,, � EXH181T �� To �' ��6 Page �� of _L_ ,� j ' E. PAYMENT OF CASE IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND RECREATIONAL-AREA: In any case in which the land required � to be dedicated or otherwise reserved by this Section 51 would be less than thirty thousand (30, 000) square feet, the developer or subdivider shall, and in all other instances the City Council may, upon finding that the park and recreational needs of a proposed development would be better served by the expansion or improvement of an existing park, require that the developer or subdivider pay the City of Grapevine a sum of money that is equal to the fair market value of the land that would be required to be dedicated or otherwise reserved for open space or park and recreational areas pursuant to this Section 51 in lieu of such dedication or reservation. A developer or subdivider may, with the consent of the City Council, as an alternative to, and in lieu of, dedicating or otherwise reserving land for open space or park and recreational purposes, pay the aforesaid sum to the City of Grapevine. Said payment shall be made in the form of a cashier ' s check or other cash equivalent including an irrevocable letter of credit on a form approved by the City Attorney and with a bank or financial institution acceptable to the City and delivered to the Director of Community Development. Said payment shall be due before the City approves any construction plans for work authorized by f" ° Appendix E. , or when construction plans are not rectuired bv Appendix E payment shall be due at the time the plats are ,��, accepted for filinct. Title to all payments, in whichever approved form of payment is used, shall best in the City immediatel u on a roval of the final plat by the City Y P PP Council. All such payments: (1) shall be segregated in a separate fund and used only for the acquisition and improvements of open space and park and recreational areas within the City of Grapevine that will meet the needs of the residents of the development or subdivision in respect of which such payment was made; (2) shall be expended on the acquisition or improvements of park land that is not more than one mile from the development or subdivision, or within two miles from the development or subdivision in the event the City Council determines and finds that it is not feasible, practical or advantageous to expend the funds within the one mile distance; (3) if not expended within three years of receipt, or unconditionally committed to be expended, shall be refunded to the developer or subdivider. ,a. .s ��.,�