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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-12/5/2005 city or n~ TexaS AGENDA PLANNING AND ZONING COMMISSION Executive Conference Room 3rd Floor of City Hall - 100 Main Street Monday, December 5, 2005 WORKSESSION 6:30 P.M. There will be a work session for the Planning and Zoning Commission The purpose of the work session is for the Planning and Zoning Commission to review and discuss the following: 1. Discussion of Plat Approval Authority - Matthew Boyle 2. Discussion of Development Review Committee Functions - Barry LeBaron 3. Review Proposed Revisions to Subdivision Approval Regulations - Barry LeBaron Amy Shelley, Planning and Zoning Assistant Posted: Wednesday, November 30,2005,4:30 p.rn. cc.~ TexaS PLANNING & ZONING COMMISSION WORKSHOP AGENDA BRIEFING Agenda Date: Subject: December 5, 2005 Proposed Revisions to Chapter 8 of the Land Development Code regarding Subdivision Plat Review Procedures Earlier this year, the Planning and Zoning Commission requested staff to review the PUD and subdivision regulations and consider making revisions to clarify some of the statements contained within the regulations that appear contrary to those actual practices being used for reviewing plats. Specifically, PUD regulations referred to preliminary plats and the associated documents required for review, but it was not clear when certain documents should be submitted by a developer, at zoning submittal or at plat submittal. Some of the confusing issues were subsequently resolved this past summer with the approval by the City Council of a comprehensive amendment to the PUD regulations. However, there are a number of remaining issues associated with the subdivision plat review procedures that require attention to clarify the process for reviewing subdivision plats. Over the past several months, staff has been reviewing the subdivision regulations for possible revision in those areas that contribute to confusion and misunderstanding on behalf of the Commission and developers. Additionally, the passage by the Texas Legislature of S8848 which placed new requirements on municipalities regarding the trigger dates for determining when a vested right starts with a new development. The additional state requirements mandate certain actions that must be completed by city staff within a prescribed time frame to advise a subdivision plat applicant of the status of a pending application to avoid premature vested rights by the developer. Attached is a copy of the subdivision review procedures that have been marked with the deleted text shown with strikethrough symbols and new text shown in bold-italics- underlined. The proposed revisions should help to alleviate many of the concerns raised by the Commission during the reviews of recent subdivision plats. Also attached, is a copy of the regulations which represents the text after all the additions and deletions have been corrected. Attachments: Current Chapter 8, Land Development Code showing proposed revisions Proposed Chapter 8, Land Development Code with corrections made City of Colleyville, Texas, Land Development Code Proposed Revisions Section 8-100 Rurpose of This Chapter The purpose of this Chapter is to establish regulations which describe the process for the review and approval of subdivision plats, but more specifically to: 4.A.provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; ~.B.encourage the orderly development of the city through appropriate growth management techniques assuring the timing and sequencing of development, promoting in-fill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas; ~. C.encourage appropriate protection to environmentally sensitive areas; 4..Q.ensure that public facilities and services are available, and ~r@viee aee€ll.Klt@ GlRe eUieieRt traRs~@r;tJtieR, \'JotBf, SElV:ElHl~B, erGliRa~B aRe ElU;jer ~l;IBlie faeilitiBS. 5.~estGlBlisR st3Reares Elf €lBsi~R ror ~l;IBli@ fa@i1ities, aRe &cE.establish procedures for the review and approval of subdivision plats. Section 8-105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: 4.~. Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. ~.~.Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. ~.f. The Home Rule Charter of the City of Colleyvil/e, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution ~ and laws of the State of Texas. Section 8-110 ~ariances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Section 8-115 . Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code. Chapter 8 - Plat Review Procedures Page 8 - 1 City of Colleyville, Texas, Land Development Code Section 8-120 Rlat Approval Required It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two or more parts, to layout a subdivision, to layout a building lot, or to layout a street, alley, square, park, or other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method for purpose of development. A division of land under these regulations does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated. The provisions of this Chapter shall apply to any development which is intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following shall be applicable to all subdivisions of land: 4.A.lt shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the City pursuant to the Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. ~.~.The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or created in violation of this Chapter. a.f.AIl plats and subdivisions shall conform to the rules and regulations set forth herein. 4.-D.This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, where the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. i.E.The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of a subdivision plat. Section 8-125 Plat Required for Building Permit No building permit shall be approved for er @Brtifi@atB ef s@el;l~aR€lY Bel issl;Ise eR any lot, tract or parcel of land unless and until a plat has been approved in accordance with this Land Development Code, except as provided as follows: 4.A.Residential Structures - A building permit for an addition to, or renovation of, an existing residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. ~.B.Non-residential Structures - A building permit for an addition to, or renovation of, an existing non- residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. a.C.Plattinq Exemption for CsrtaiR CeReitisRs Accessory Buildings - A building permit for an accessory structure may be issued on an un-platted lot iR tREl ^~ri@b1lhmal zeRiR~ sistri@t. 4..Q.Public Facilities Available - No building permit for a primary building will be issued until all ~re~ssse public Chapter 8 - Plat Review Procedures Page 8 - 2 City of Colleyville, Texas, land Development Code facilities have been installed and have been approved and accepted by the City or provision has been made by the developer for such public facilities. Section 8-130 Approval Authoriw Over Subdivision Plats 8. "'!.A }..PPRO','.'].l. OF PL.\. n BY ST.'.Ff, COll.fl\ns~nm .u!n Or: CQYl'lCIl. A. Approval of Plats Required - In accordance with Chapter 212.004 of the Local Government Code, the Planning and Zoning Commission shall approve all subdivision plats, V/Ri@R @ElF-lfeFFR provided said plat conforms to the requirements and specifications of this Land Development Code. In addition to the requirement of approval of subdivision plats by the Planning and Zoning Commission, the City Council shall also be required to approve subdivision plats, except for the approval of minor plats or amending plats. In the event of any discrepancy between a plat as approved by the Plannina and Zonina Commission and the City Council. the plat approved by the City Council shall prevail. The approvina body for all subdivision plats shall be in accordance with the followina table: Preliminary Plats no yes yes no yes yes .............-.-...-....................---..-....--..- no yes no --.---........-.............-.. s no , no " Final Plats Minor Plats Amending Plats , The Planning and Zoning Commission shall have the authority to approve an Amending Plat which has not been approved by City Staff. "The PlanninQ and ZoninQ Commission may additionally reQuire the approval of an amendinQ plat by the City Council 8.:.R MInOR PL.'].T ApPRO".'].l. B': COll.f!\.lISSIOI"! B. Minor Plat Approval by Planninq and Zonina Commission - The Planning and Zoning Commission shall be authorized to approve or disapprove a Minor Plat, as defined by this Land Development Code, without the additional approval of the City Council. If the application includes a request for a waiver or modification of a platting regulation, the Planning and Zoning Commission shall have the authority to approve the request. €lr FRay sleet tEl ~reseRt tRB MiR€lr Plat aRe tRe waiver re€lYEl&t tEl tRB City C€llolReil wr @ElRsieBratiElR. The Plannina and Zonina Commission may require the additional approval of any Minor Plat or waiver request by the City Council. 8.:.C AI\1El'lIHl'lC PU.T ApPRO'.'.'.l. BY ST.\ff C. Amendina Plat Approval by Staff - The City Manager, or his designee, shall be authorized to approve an Amending Plat as defined by the Local Government Code. provided said plat conforms to the requirements and specifications of this Land Development Code. If the application includes a request for a waiver from the subdivision requirements, the City Manager, or his designee, shall present the amending plat to the Planning and Zoning Commission for approval. The Planning and Zoning Commission shall have the authority to approve the Amending Plat. Elr FRay ele@t tEl ~resBRt tR8 ~Iat tEl tR8 City CEllolncil fer @QRsi€lBrJtiQR. The Planninq and Zoninq Commission may require the additional approval of any Amendinq Plat by the City Council. The City Manager, or his designee, may not disapprove an Amending Plat, but shall refer any Amending Plat which he refuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. Chapter 8 - Plat Review Procedures Page 8 - 3 City of Colleyville, Texas, Land Development Code Section 8-135 Rrocedure for Approval of Subdivisions 4.A. Time Period for Takinq Action - The Planning and Zoning Commission shall approve or disapprove a subdivision application within thirty (30) days after the date the subdivision application is filed as provided in this Chapter. A subdivision application is considered approved if the Planning and Zoning Commission fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty (30) day time period for action by the Planning and Zoning Commission, provided said SooR request sRall Be is submitted in writing. ~ tRe sblB€livi€lBr ~riElr tEl tRe €lote @f tREl SGRe€llolle€l PloRRiR~ aR€l ZElRiR~ CElmmisr;:iElR RBClriR~. ~.B.Additional Time Period for City Council Approval - Where City Council action is required on a subdivision application as provided in this Chapter, the action shall be taken ~ no later than thirty (30) days after the date the subdivision application was approved by the Planning and Zoning Commission. A subdivision is considered approved if the City Council fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty (30) day time period for action by the City Council, provided said SooR request sRall BB is submitted in writing ey tRe sblB€li'/i€lgr ~riElr tEl tRe €late Elf tREl s@Re€llollB€l City CEllolRGil ReariR~. ~.c.certificate of Compliance - In cases where the City fails to act on a subdivision application within the thirty (30) day time period, the Administrative Official, upon written request, shall issue a certificate of compliance stating the date the subdivision was filed and that the City failed to act on the subdivision application within the specified time. 4..Q.Authorization to Sign Plats - The approval of a plat by the City Council, or in the case of a Minor or Amending plat by the staff or Planning and Zoning Commission, shall constitute authority for the Chairman and Secretary of the Planning and Zoning Commission and/or the Mayor and City Secretary, or staff to execute said plat, and shall constitute approval for recording in the County Clerk's Office of Tarrant County. 5. IR tRe evsRt Elf ClRY €lis€re~aR@Y BBw-'eBR a plat as a~~rElve€! BY tRB PlaRRiR~ aR€l ZElRiR~ CBmmissiElR OR€! tRB City CElblRcil, tRB ~Iat a~~reve€l BY tR8 City CBloIR@il sRall ~re\'oil. TRe 3PJ3r€)!,:iR~ BEl€ly fGr 011 r;:loIB€livisiElR ~13tr;: SRGlIl Be iR Gl@@Elr€laR@s witR tRe fElllewiR~ taBle: PreliRliRary Plats 00 yes yes FiRal Plats 00 yes yes Miller Plats 00 00 ARleREliR!! Plats yes ~ 00-: . TI:le PlaRRiR!! aREl ZaRiR!! CaRlRlissieR s~all ~a'/e t~e al.ltl:lerity te allllraVEl aR AmeREliR!l Plat w~iG~ ~as Ret BeeR allllra'.'eEl BY City ~taft. 8. '7.R MIl'l@R Pl.:. T ....&PPRO':.\l. BY C@I\fl\UgSIQl'l TRe PlanRiR~ GlR€l ZElRiR~ CElR'lR'lisr;:iElR sRall Be aloltRElrizs€l tEl 3~~revo Qr €lisGlp~reve a MiRBr Plat, as €lsfiRe€! BY tRis LaRg l)evBIEl~meRt CEl€lo, witREllolt tRB a€l€litiElR@1 a~~rEl\'al Elf tRO City CEllolRGil. If tRB Of3~Ii@G1tiElFl iFl@lloI€les a re€llolest fElr a waiver Elr mEl€lifi@GltiElR Elf a ~lattiR~ re~1oI13tiofl, tRB PlaRRiR~ aR€! ZBRiR~ CElR'lR'lir;:siElR sRall Rave tRe aloltRElrity tEl a~~rEl\'e tRe rB€llolest er may elB@t tEl pres€lRt tRB MiRer Plat ORa tho .../3ivor re€lblost te thB City C€lblR@i1 for cORsiaeratiElA. Chapter 8 - Plat Review Procedures Page 8 - 4 City of Colleyville, Texas, Land Development Code 8.:.C }~!'\1EI'!9I1'IG P1.:.T LA~PPRO'::.1. D'; ~T:.FF TRe City MaRa~Bf, Br l::1is €l8si~RBe, sl::1all BB aloltl::1Elrizs€l te a~~re'/€l aR ^Ffl8R€liR~ Plat as €lefiRBa BY tl::1e lB@31 G@VBFRFfl8Rt CEl€le. If tl::1B a~~li€atisR iR@lloI€les a m€llolBst fer a \':aiver fr@Ffl tl::1B SloIB€livisiElR re€llolireFfleRts, tl::1B City MaRa~er, sr l::1is €lBsi~Rse, sRall ~reseRt tl::1e aFflBR€liR~ ~Iat tEl tl::1e PlaRRiR~ aR€l lElRiR~ CSFflFflissioR fElr Gl~~re'.'GlI. Tl::1e PI3IlRiR~ aR€l lElr;liRS CElFflmissisR sRall l::1avs tR8 aloltRsrity t@ a~~re\'e tRe .^,FfleR€lif-l~ Plat er Fflay ele@t tEl Wm:BRt tl::18 ~Iat tEl tRS City C@blR@il ror @@Rsiaeri3tiElR. TRS City M;;lRa~er, €lr Ris €lBsiSRee, Fflay Rst €lisa~~reve af-l :\FfleR€liRS Plat, BloIt st:mll refer GlRY ^FfleR€liR~ PIGlt '''/Ri@R I::1B refwsBs t@ a~~revB tEl tRe Plr1RRiR~ aR€lleRiR~ CElFflFflissieR VJitRiR tl::1irty (~g) €lays a$ter tRe €late tRe ~Iat is file€l. 8.:.:0 MOIHFIC:.TIOl'IS SF CSl'lIHTISl'lS E. Modification of Conditions - Where the City finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve modifications of conditions to these platting regulations so that substantial justice may be done and the public interest secured. Such a finding by the City shall not have the effect of nullifying the intent and purpose of these platting regulations. 8.:.E Il'lC8l\IP1.ETE SlJDI\IITT.\1.S F. /RGOms/sts SUBmittals Completeness Determination - Every subdivision plat application shall be reviewed by -Tthe Administrative Official res~ElRsiBl9 ror revis'.\' Elf SloIB€livisiElR ~13ts sRall, loI~ElR re@Bi~t Elf a slolB€livisieR a~~li€atieR, for completeness €lBterFfliRe V:I::1BtI::1Br Elr R@t tRe sloIB€li'JisieR @ElRtaiRs tRB FfliRiFfllolFfl e}(RiBits re€llolirea fer a ~Iat slolBFflittal. The applicant shall be provided written notice Retifie€l of any deficient exhibits no later than ten business days from the date the application is received. The determination shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information are not provided. (Q QQ 1281.' 12.'1fJ.'QQ) G. Incompleteness as Grounds for Denial - No subdivision plat application shall be scheduled for action by an approvina body unless it is determined that the application is complete and all required documents submitted to the City. unless the applicant has provided a written request for a waiver or modification of said requirement. The processina of an application by any City official or employee prior to the time the application is determined to be complete shall not be bindina on the City as the official acceptance of the application for fi/ina, and the incompleteness of the application shall be arounds for denial or revocation of the application. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of the Land Development Code. H. Time for completina Application - If a subdivision plat application is not completed on or before the 45th day after the application is received by the Administrative Official for processina, the application will be deemed to have expired. Thereafter. a new subdivision plat application must be submitted, includina payment of the applicable application fee . The City may retain any fee paid for reviewina the oriainal application for completeness. 8.:.F OFFICI.\1. PL.'.T SlJDI\IITT:.1. D.\ TE I. Official Plat Submittal Date - ~IB SlolB€livisioR a~~Ii@atiBR sRall Be s@Rs€llolle€l fElr 3@ti@R BY tl::1s City loIRless it is €lsterFfliRB€l tl::1at tRB Glf'lPliG3tiElR is @ElFfl~lete 3R€l iR GORferFflGRGe with tRis larH~ l)e\'Ble~Ffl9Rt CEl€le. FElr tRB ~loIr~ElS9 Elf this CElae, tRB €late Elf tRe re~loIlar FflBBtins of Um 3Pf'lrg\'if'l~ BEl€ly at \'/RiGR G!@tiElR is @ElRsi€lBrB€l sRall @@llstitblt9 tRB Elffi@ial filiR~ €late Elf tRe ~Iat frElFfl '.vRi@1::1 tR8 st3MElry ~efiEla r8€lloliFiR~ 3~prov31 Br €lisa~~rEl'/al Elf tRe ~Iat sl::1all seFflFflSR@e, loIRless G! waiver Elf tl::1El tiFflB ~BriEl€l is m€llolBste€l BY tl::1e €l9V9IEl~9r. The date from which the statutory period requirina approval or disapproval of a subdivision plat application shall commence on the date the Administrative Official responsible Chapter 8 - Plat Review Procedures Page 8 - 5 City of Colleyville, Texas, Land Development Code for processinq subdivision plat applications has determined the application to be complete and marked said date on the application and has scheduled said application for action by the approvinq body. 8.7.C llEY.'EL@Pl\tEl'ITREY.'IE'N C@l\tI\HTTEE J. Development Review Committee - The City Manager shall designate a Development Review Committee (DRC) which shall be an advisory committee to the Planning and Zoning Commission and have responsibility for providing comments and recommendations on subdivision applications. In addition, the Development Review Committee shall submit comments and recommendations on vacation of public rights-of-way or easements and site plan reviews required by this Code. The Administrative Official responsible for subdivision review shall coordinate the actions of the Development Review Committee. 8.:.11 llRC REYIEV.' K. DRC Review - Copies of ~ subdivision plat applications shall be distributed to the Development Review Committee (DRC) members for technical review. The DRC shall provide written comments and recommendations on the proposed development to the Administrative Official '.vitRiR teR (1Q) ~loIsiRBSS €lays fsllov:ir;J~ tl;te €late sf sistriBloItieR. The Administrative Official responsible for subdivision review shall compile a report of the written comments received from the DRC and provide a copy of said report to the subdivider within five (5) working days following the day of receipt of all staff comments. The subdivider shall submit revised copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or provide written response as to why such modification is not proposed. IJ~SR re€lei~t ef tl;te re':isB€l SlolB€li',isisR a~~li@atisR, writteR res~oRse frsm tRe sblB€livi€lsr aR€l all @f tRe sloI~~ortiR~ €l9€llolmEmts, ':JRi@R may ~e RBO€lOS, tho SblB€livisioR a~~Ii@atisR sRall Be ~Ia@e€l SR tRe a~oR€l3 ef tl;te REmt availaBle re~loIlarly S€lRe€llolle€l meetiR~ sf tl;te PlaRRiRQ 3R€l ZSRiR~ C9mmissisR fer a@tisR. fO (J() 1281.' 12.'1pl(}Q) 8.:.1 C@I'ISISTEI'IC':'l.'ITIIM,\STERPL:.N L. Consistency with Master Plans - No subdivision plat shall be approved which is not consistent with the Colleyville Master Plan. the Parks Development Plan, and trail systems plans of the City. 8.:.J C@l\IPU:.l"ICE V.'ITII Z@I'III'IG M. Compliance with Zoninq - No subdivision plat shall be approved that is not consistent with the existing zoning regulations applicable to the property being platted, unless a rezoning application is pending that will provide consistency with the proposed development. 8.:.K PHDUC F:.CIUTIES N. Public Facilities - No subdivision application shall be approved by the City unless the Director of Public Works has reviewed the construction plans for the proposed public improvements and has determined that the proposed City €letorrniRos tRGt public facilities ~rs~esos 19y tRB €lo\'BI9~Br will be adequate to support and service the area of the proposed subdivision. To expedite the subdivision review process. the Director of Public Works may accept a written offer by the developer as satisfactory evidence that public improvement requirements of the Land Development Code will be satisfied. The City may require the applicant sRaU to submit sufficient information and data to demonstrate that the ~rs~sse€l existinq public facilities are adequate ~ to serve the proposed loIses sf saiG subdivision. Public facilities and services to be examined for adequacy wiU may include drainage facilities, roads, sewage, and water systems. AU= Public facilities shall be designed and constructed in accordance with the requirements contained in this Land Development Code. Said proposed public improvements shall conform to and be properly related to the Colleyville Master Plan and all applicable capital improvement plans, including but not limited to the following: Chapter 8 - Plat Review Procedures Page 8 - 6 City of Colleyville, Texas, land Development Code 1. Master Thoroughfare Plan - All subdivisions shall be designed to coordinate with the right-of-way widths and street patterns shown on the Master Thoroughfare Plan. 2. Water System - All lots shall be served by a public water system capable of providing water for health and emergency purposes, including adequate fire protection. Awf Proposed water system improvements shall be consistent with the Master Water System Plan. 3. Wastewater Collection System - All lots shall be served by an approved means of wastewater collection and treatment. Any proposed sewer system improvements shall be consistent with the Master Wastewater Collection System Plan. 4. Storm Water Management - ()FaiRa~s iFR~rElVeFR8Rts sl;!all a@@ElFRFREl€l3t9 ~Elt9RtiJI rlolR@tt frElFR tl;!e BrltirB loI~streaFR €lF3iRa~s JreGl, Bas9€l ElR tl;!e 1oI1tiFRatB €le'JBIEl~FRBRt @f tRe €lr3iRa~9 BasiR, aR€l sl;!all be €lesi~Re€l tEl ~reveRt iRGr@ases iF! €lElV:RstF@aFR flee€liR~. The City may require the use of control methods such as retention or detention, and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. Any proposed drainage system improvements shall be consistent with the Master Storm Water Management Plan. 5. P3r.J'iS System p.IEm .^.I1 €lev91@~FRsF-lts sRall Be @@Rsist9Rt \VitI;! tl;!e Parhs ()g\'ele~FReRt PlaR iRGlloI€liR~ all ~re~@sQ€l trail SYSt8FRS ~laRs €If tREl City. 8.:.I. RECOR8l\'L'.Il'ITEl'l:.NCE O. Record Maintenance - The Administrative Official responsible for subdivision review shall maintain a record of each application submitted under this Chapter, and the action taken on the application. On written request by a property owner of an affected tract, the Administrative Official shall certify the reasons for the action taken on the application. 8.:.1\'1 DE8IC.\.TISl'J OFFERS P. Dedication Offers - All streets, drainage ways, parks, and other rights-of-way or public easements shown within a subdivision plat and intended for public use shall be offered for dedication as part of the approval of a plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated and available for acceptance by the City in accordance with the requirements of this Section. 1. Whenever a subdivision proposes the dedication of land for public use and the City finds that such land is not required or is not suitable for public use, the City may either deny the subdivision application or require the rearrangement of lots to include such land. 2. The approval of a subdivision plat by the City is not considered an acceptance of any dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the City Council makes an actual appropriation of the dedicated parts by entry, use, or improvement. 3. Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications shown thereon. 8.:.N NUlS:.NCE OR8Il'L\.NCES :.N8 OUTS'I':.N8Il'IG I.IEI'IS Q. Nuisance Ordinances and OutstandinQ Liens - No subdivision plat shall be a~~rElv€l€l placed on the aqenda for action bv an approvinQ body in which the Code Enforcement Officer has issued notice to the owner of the property beinQ subdivided that the property being considered for development is in violation of a public nuisance ordinance of the City of Colleyville and the violation has not been abated prior to the subdivision application date. No subdivision plat shall be a~~r@'/B€l placed on the aQenda for action bv an approvinQ body that has an outstanding delinquent lien payable to the City of Colleyville. 8.:.0 DELINQUENT T:.XES Chapter 8 - Plat Review Procedures Page 8 - 7 City of Colleyville, Texas, Land Development Code R Ds/.;Rflusnt TaNSS ~Js SloIB€livisisR ~Iat sR311 Be a~~re\le€l iR '.\lRi@R tRe ~re~er;ty eeiR~ @eRsi€lere€l ror G1e'/ele~meRt R3l> €leliR€lloleRt tam3S €llol8. 8.:.P FR9l'JT:.€:lE 9l'J PUBUC ACCE~S RE@UIRED R. Frontaqe on Public Access Required - Every lot shall have frontage on a public street riaht-of-wav. Sai€l fr@Rta~e sRall RSt Be less tRaR si~Rty ~9r@eRt (!W%) sf tRe miRimlolm re€llolire€l let wiGltR ~staelisRe€l fsr tR9 zSRiR~ €listri@t. In non-residential areas, access to a lot with a public access easement that is acceptable by the City as meeting the minimum requirements to provide public ingress and egress and for adequate emergency vehicle access may be allowed in lieu of a public street right-of-way. 8.7.Q Pl.:.TS STR'.DDUl'l€:l MUNICIP.\.L IhmrlB:.RIES S. Plats Straddlinq or Adiacent to Municipal Boundaries - '.I\'R€lRe'Jer Where access to tOO a proposed subdivision is required across land in an adjacent city, the Administrative Official shall coordinate the review of the plat with the adjacent city and the Planning and Zoning Commission may require written approval from the adjacent city. 8.:.R OFFICLH. CIT~ M:.p T. Official City Map - The Administrative Official responsible for subdivision review shall maintain an Official City Map, which shall indicate all subdivisions, lots and street rights-of-way. Subdivision plats hereafter approved shall be placed on the Official Map in a timely order and include the names of all streets and street suffix classifications. Where street name inconsistencies exist, from one subdivision to another, the Administrative Official shall place on the Official City Map the generally accepted street name, its proper spelling, and suffix classification. The Administrative Official responsible for subdivision review shall assign street address ranges for each block and coordinate these with the Office of the Fire Marshal and other emerqencv service providers. 8.:.S ENFORCEMENT OF CII!_PTER U. Enforcement of Chapter-In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this Chapter by injunction issued by a court of competent jurisdiction. Section 8-140 Preliminal"Y Plats 8.8..1_ PREUl\HrL'.R': Pl..\. T Cl.:.SSIFIC'. TION A. Preliminary Plat Classification - Submittal of a Preliminary Plat is the first of a two step process for approval of a subdivision plat. The Preliminary Plat procedure shall be used when the property proposed for development is not platted as defined in this Chapter. The purpose of the Preliminary Plat procedure is to allow a subdivider to submit an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel of land before proceeding to the final platting process. 8.8.B PL'!, TTIl'lC .\.1.1. L:.rlB II'J Cm.ll\{91'l O,':rlERSIIIP B. Plattinq all Land in Common Ownership - The Preliminary Plat shall include all contiguous holdings of the owner, including land in "common ownership" as defined in this Chapter, with an indication of the portion which is proposed for subdivision. 8.S.C Pn:.SIrm @F PREUl\mL'.RY PL\. TS C. Phasina of Preliminary Plats - In the event that the property indicated is to be final platted in phases, the Preliminary Plat shall clearly indicate the parcels of land to be included in the phasing. Subsequently, Final Plats shall generally comply with the phasing lines indicated on the Preliminary Plat. Significant departure from the phase lines indicated on the Preliminary Plat shall require an amendment to the Chapter 8 - Plat Review Procedures Page 8 - 8 City of Colleyville, Texas, Land Development Code Preliminary Plat prior to further final platting of property. RS.J} EFFECT OF L\PPROV:.b D. Effect of Approval- Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall be signed by the Administrative Official and kept for public record. Said approved Preliminary Plat shall reflect any and all revisions to the original submitted Preliminary Plat as was directed by the Planning and Zoning Commission andlor City Council which were made a condition of approval. Approval of the Preliminary Plat shall not constitute final acceptance or approval of the subdivision nor shall the approval of the Preliminarv Plat confer any vestinq riqhts in the arranqement of lots, streets and other features on the Final Plat. Approval of the Preliminary Plat OOt=shall constitute authority to proceed with the Final Plat process as described in this Chapter. 8.8.E EXPIR'. TIOl'! OF f.PPRO','.'.b E. Expiration of Approval- Approval of a Preliminary Plat shall expire after twelve (12) months from the date of approval, unless a Final Plat is submitted for all or part of the area that has received Preliminary Plat approval. The approving body may approve a time extension upon written request from the developer or may waive the twelve month termination period when the Final Plat is determined to be consistent with the approved Preliminary Plat and no additional standards have been adopted by the City. 8.8.F RE SUDl\nTT:.b OF PREbll\nn\R': PL\ T F. Re-submittal of Preliminarv Plat - When a Preliminary Plat is disapproved, the subdivider, at any time thereafter, may submit a new design for approval, following the same procedures as required for the original application, including the payment of application fees. 8.8.C PREblMll'L\RY Pb.'.T EXIIIBITS G. Preliminarv Plat Exhibits - The subdivider shall file an application for approval of a Preliminary Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Preliminary Plat Application - The application shall be on forms furnished by the Administrative Official. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Preliminary Plat Drawing - The plat drawing shall contain the information listed in Section ~. - Required Plat Information, where applicable. 3. .o,-:e,I!m!n3ry Drainage Ana.lysis Information - The subdivider shall submit a Preliminary Drainage Analysis to determine the need for drainage facilities, unless the Director of Public Works has determined that a Preliminarv Drainaqe Analysis is not necessarv at time of p/attinq. The Preliminary Drainage Analysis shall be prepared in accordance with drainage analysis requirements contained in Chapter 14 - Engineering Design Standards of this Land Development Code. +Re PI"mr;:JiR~ 3R€l ZeRiR~ CsmmissieR sRall Rst rB€emmeR€l ror a~~rs'/al "my ~IGlt \':Ai@A €lees Rst ~rs'Ji€le a€le~lJ3t9 f-3@iliti9s t@ a@comme€lat9 stsrmv.'3ter rlolRsff. 4. Preliminary Utility Plan - The subdivider shall submit 3 I3relimiRary loItility ~IGlR drawinqs which shall indicate the general location and approximate sizes of all existing and proposed public utilities, unless the Director of Public Works has determined that a preliminary drainaqe analysis is not necessary at time of p/attinq. The size of all proposed water and sewer lines shall be determined using the design criteria contained in Chapter 14 - Engineering Design Standards of this Land Development Code. 5. Tree .nms~,'1.'3tif;m Pian Survey - Where a subdivision plat indicates a proposed public street. the subdivider shall submit a tree surveyor an aerial photograph indicating the general coverage of trees. '.\IA9re trees are ~rs~sse€l fsr remsval, tR9 sloIB€li'li€ler sRall sloIBmit 3 tree r@~IGl@emBRt ~13n. Chapter 8 - Plat Review Procedures Page 8 - 9 City of Colleyville, Texas, Land Development Code TRS treB SyrvBY. aerial ~Rsts~n3~R aR€l tree re~la@eFJ:!eRt ~laR sRall Be in a@@9r€l3R@e V/itR Ch~ts.r S Tree P.....sbf).".'afen sf tRis l3R€l DevBls~mBRt Ce€le. 6. Nuisance Compliance Certification - The Code Enforcement Officer sloIB€livi€lBr shall sloIBFJ:!it a provide certification freFJ:! tRs @ity @S€lB @sFJ:!~liaRee em@er indicating the status of the property regarding public nuisances. 7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. 8.8.11 CR.\IHI'JG ~ITE PRIQR TO Ym:.l, ApPRm'.'<1, H. Grading Site Prior to Final Approval - Following Preliminary Plat approval, the developer may apply for an earthwork permit and upon approval of said permit may commence construction to the grades and elevations required by the Preliminary Plat. Section 8.145 Final Plats R.9 u~_ FItL\.l. Pl.".... T CL.:~SSIFIC~... TI9~I A. Final Plat Classification - Approval of a Final Plat is the second step in the process for approval of a subdivision plat. The Final Plat procedure shall be used when the property proposed for development has been previously approved as a Preliminary Plat and conforms to the requirements of this Chapter. The purpose of the Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivision. 1. Minor Plat - A Minor Plat submittal may be used when the property proposed for development is not platted. contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allow a subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and approval of a small subdivision where no new public street is created. Where applicable. the Minor Plat submittal shall contain the same exhibits as a Final Plat submittal. 2. Rep/ats - A Rep/at submittal may be used when a previouslv platted property is proposed for redevelopment. A Rep/at may include an additional parcel of un-platted property when the size of the un-platted portion does not dictate the submittal of a Preliminary Plat. The Administrative Official responsible for subdivision review shall review each Rep/at application and determine whether or the not the size of the un-platted portion of the proposed development warrants the submittal of a Preliminary Plat. Where applicable, the Rep/at submittal shall contain the same exhibits as a Final Plat submittal. 3. Additional Criteria for Rep/atting - The following additional criteria for approval shall applv in the re-subdivision of an existing plat, without vacating the immediate previous plat: a. A public hearing shall be required on the Rep/at at which interested parties and citizens have an opportunity to be heard. b. If any of the proposed area to be re-subdivided or re-p/atted. within the immediate precedinq five years, was limited bv any interim or permanent zoninq classification to residential use for not more than two residential units per lot. or if any lot in the immediate previous subdivision was limited bv deed restriction to residential use for not more than two residential units per lot, notice of the public hearing shall be given in advance in the following manner: i. Publication at least 15 days before the date of the hearing in a newspaper of general circulation in the City. Chapter 8 - Plat Review Procedures Page 8 - 10 City of Colleyville, Texas, land Development Code ii. A written notice of the public hearinQ shall be forwarded no less than fifteen (15) days prior to the day of the hearinq to the owners (as the ownership appears on the last approved ad valorem tax roll) of all lots in the immediate precedinq plat that are within 200 feet of the lots to be re-p/atted. The notice may be served bv depositinq it proper Iv addressed and postaqe paid. in the United States post office. c. If the proposed rep/at requires a waiver of a requirement and is protested in accordance with this section, the proposed rep/at must receive. in order to be approved. the affirmative vote of at least three-fourths of the members present of the Planninq and ZoninQ Commission and/or City Council. For a leqa/protest. written instruments siqned bv the owners of at least 20 percent of the area of the lots or land immediatelv adioininq the area covered bv the proposed rep/at and extendinq 200 feet from that area. but within the oriqinal subdivision. must be filed with the Planninq and ZoninQ Commission and City Council prior to the closinq of the public hearinq. In computinq the percentaqe of land area. the area of streets and allevs shall be included. d. Compliance with paraqraphs (b) & (c) is not required for approval of a rep/at or a portion of a prior plat if the area to be re-p/atted was desiqnated or reserved for other than sinQle or duplex familv residential use bv notation on the last leqallv recorded plat or in the leQallv recorded restrictions applicable to the plat. 8.9."0 FII"L\I. PL'.T PRERE@UlSITES B. Final Plat Prerequisites - Unless exempt from the requirements of Preliminary Plat approval, no Final Plat shall be placed on the agenda for action by the approving body until a Preliminary Plat of a subdivision has been previously approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a subdivider may file an application for approval of a Final Plat. The Final Plat shall conform to the Preliminary Plat as approved and incorpor es modi . corrections and conditions im osed b rior a . A Final Plat will not be presented to the proving body for consideration, which fails to incorporate the recommendations of the Preliminary Plat approval. 8.9. C FIN/.I. Pl.,\. T EJHIIDITS C. Final Plat Exhibits - The subdivider shall file an application for approval of a Final Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Final Plat Application - The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Final Plat Drawing - The plat drawing shall contain the information contained in Section 8.14 - Required Plat Information of this Land Development Code. 3. Drainage ~ Information - The subdivider should discuss with the Director of Public Works the need to submit a Preliminary Drainaqe Analvsis or a DrainaQe Study. When tRB PrelimiRary CraiRa~e /\R3Iysis Ras €letsFmi~o€l tRat drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with BR~iReBriR~ €lrawiR~s supportinq documentation which shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code. TAe PlaRRin~ uR€l ZeniR~ CsmmissisR sRall RSt rs@smmeR€I ror a~~rs\'al 3RY ~Iat wRi@R €lees RSt ~r9vi€le a€le€llolate fa@ilities ts assGlmm@€late stGlrmwJter rblnQff. 4. Construction Drawings - When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Final Plat. fer a~prev31 BY tRB ~ The construction drawings shall conform to the technical specifications contained in Chapter 14 Chapter 8 - Plat Review Procedures Page 8 - 11 City of Colleyville, Texas, Land Development Code - Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Tree .OtBSfiw.'athiJf.l P.'af.l Survey - Where a subdivision plat indicates a proposed public street. U RSt ~rQ\'isloIsly SloIBFllittB€l, the subdivider shall submit a tree surveyor an aerial photograph indicating the general coverage of trees. These documents are not necessary if they have been submitted with the Preliminary Plat. \\'RBre tFees are flre~s6:s€l fer rBFlls'/31, tRB sloIB€livi€ler sRall sloIBFRit a tree re~IJ@eFlleRt ~laR. TRB tree sloIwey, aBrial ~R@ts~ra~R ar;;)€l tF@e re~la@eFRBRt ~laR sRall Be iR a@@er€laR@B '.VitR C/1flpt@.y ~ Tree Pf@sBr.'at.:Bf.l sf tRis lOR€l QBvsIQ~FRBRt Cs€le. 6. Nuisance Compliance Certification - The Code Enforcement Officer sWB€livi€ler shall sloIBFRit a provide certification freFR the @ity @s€le @sFll~Ii::~Ree €lffieer indicating the status of the property regarding public nuisances. 7. TaJ(BS P.aifJ CBrtfis:Jf,iBn TRe a~~Ii@aRt sRall 6:loIBFllit Bvi€lBR@e fFSFR JIl Ise31 ~wBli@ t3)dR~ 8Rtitios iR€li@3tir;;)~ tR3t RS €leliR€llolBRt ta)(BS arB €llole. S 7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. 8.9.>> RECORBII'J(;J OF FIl'!.'.1, PI,.'. TS D. Recordinq of Final Plats - The City shall record the plat with the Tarrant County Clerk's Office when the following are complete: 1. The plat has been drawn on mylar reproducible film or other permanent material and has been signed by the Planning and Zoning Commission Chairman and Secretary and/or the Mayor and City Secretary, or staff, as applicable; 2. All necessary fiscal agreements have been approved by the City; 3. All fees have been received; and 4. TRe Qin~@tsr sf PloIBlic aervi@es Ras Gl~~revB€l all eR~iF-lBeriR~ ~laRs aR€l s~Beifi@atieRs. S.lO.A MmeR P1.:.T CI,:.SSIFIC:.'fIel'I A. MiROf" .Q~~t C.fassffiGat.:oR TRe MiRer Plat ~reee€llolre sRaH Be loIse€l wReR tRB ~re~Brty ~rs~sse€l fsr €le"'els~FlleRt is R€lt ~13tte€l, eSRtaiR6: fSloIr (4) er f€wer I@ts, '/Jill Rst ereatB 3 ReV! street GlR€l eSRroFFllS ts tRS re~loIireFlleRts of tRis CRa~ter. TRB ~loIr~sse sf tRB MiRsr Plat ~re@e€llolrB is t€l aile':: a sloIB€livi€ler te @eFllBiRe tRe PreliFlliRary aR€l FiF-lal PIJt weee€llolres aR€l tRereBY e)(flB€lite tRe reviBw aR€l a~~rs'/al ef 3 sFllall SlolB€li',il>iSR \':RBre R@ RB!,.'!.' ~loIBlie €treet is ereatQ€l. 8.10.11 PU.TTIl'IG .',1.1, L.'.I'IB IN COMMON O''l!,'I'JERSIIIP B. .Q.~ttfR<< at.' L.ami ':R CommoA Ol'lRfJ.~sllip TRe MiRsr PI3t SR311 iR@lw€le all @sRtigwSlolS Rel€liR~s @f tRe eV.'Rer inollolsiR~ I3R€l iR "OQFRFllQR e'.\!ner6:Ri~" 3S €leRR9€l iR tRis Csse, \'.'itl1 GlR iR€li@ati@R sf tRB ~srti9n '.'1ni@R is ~raflsse€l fer sWBsivisisR. S.10.C MII'JeR PU.T EXIIIBITS C. MiRo.r P-lat EJfh':lafts TR9 sloIB€livi€ler sRoll fils 3R a~~Ii@ati9R ror a~~reval sf a Miner Plot witR tRe /\sFlliRistr3tive Offioial reql9RsiBIB ror sWB€livisisR review, \'.'Ri@R sRall eSRtaiR tRe rolls':JiR~ El)(RiBits ts Be @9Rsi€lBre€l €smpI0te: Chapter8 - Plat Review Procedures Page 8 - 12 City of Colleyville, Texas, land Development Code 1. MiflfJ." Plat ,1I.f)fJlisatifim TR€l a~~lieatieR sRall Be SR fsrms flolrRi~R€l€l BY tRe .'\€lmiRistrati\'El OffieiGlI mS~EmsiBl8 fer SloIB€li'/isisR rBview. If tRe a~~1i@3Rt is R@t tRe sffi@ial 8\'JRer €If r8@@~€l, 'JJrittBR 3101tRerizatisR frem tRe ~re~erty SWRer is re€llolire€l. 2. .A.1fRfiJr P'at D.<"(Jl':iRg TR@ ~Iat €lr.a'.viR~ sRall eSRtaiR tRB iRfsFmatisR @sRtairls€l fR SeetifiJR fJ.11 Refjb1.ir€J€f Plat IRm."matifiJR sf tRi~ b..3R€l QElvSI@~meRt Cs€lo. A. f).<:aiRage StlJ€fy TRe sloIB€livi€ler SRSloIl€l €lis@loIss WitR tRB @ity Em~iRB9r tRe Ree€l t@ sloIB~it a PmlimiRary QraiR3~8 1'.Ralysis te €letermiRB tRe Rees ror €lraiRa~e fJ@ilities @r a Qf3iRa~s Stlol€ly ':JitR 8R~iReBriR!jJ €lrel'.\!iR~S. ARY PrslimiRary DraiRa~B ARalysis @r DFaiR3~e Stlol€lj SR31l Be ~re~are€l iR 3@@er€laReB \'/itR €lr3iRa~8 im~revemBRt re€lloliFsmeRts @@RtaiRe€l iR Ch~ter 11 fingiR@eriRg f)esffiR StaRoo.""(js €If tRis b..aR€l Devele~meRt Cs€le. TRB PlaRRiR~ 3R€l :ZSRiR~ CsmmissisR sRall R@t re@emmeR€l fsr a~~rsv31 aRY ~Iat \'.'RieR €lees RSt ~rsvi€ls a€le€llolats faeilitiss ts ae@s~~s€late ~tsrmwatBr rlolRsff. 4. CfJRst.<b1€tffiJR f).<i1I'.'fRgS '.^JR8R tR9 ~re~sse€l €le'Jel@~meRt re€llolires tRe @sRstrlol@tiSR @f ~loIBlie i~~re'JBm8Rts, tRe a~~Ii@aRt GR31l sloIBmit eeRstrlol@tiSR ~laRG '.':itR tRe ~Iat fsr 3~~reval BY tRB City. TRe eEmstrlol@tisR €lFa'I:iR~S sRall e@Rror~ t@ tRB teeRRieal s~eeifj@ati@Rs @sRtaiRe€l iR Cf.l~te." 11 ~RgfRf]e.".;Rg f)@sfgn Starula.".cJs @f tRis b..aR€l Devels~~eRt C@€ls aR€l sRall BB ~re~arl;)€l aFl€l seale€l QY J Re~ister@€l Prefessi@RaIIiR~iReef, lieeRss€l ts ~r.aetieB iR tRB State sf TB}(3S. 5. Trcsf1 Pnsser.'atffJR PlaR TRe sloIB€livi€ler sRall GloIQ~it a tree slolr\'ey sr aR aerial ~R@ts~ra~R iR€li€iatiR~ tRB ~BRBral @svBfa~B sf trees. 'ft.'Rere trees are ~rS~9Ge€l ror rsmsval, tRB sloIB€livi€ler sR311 GloIB~it a tree re~IJ@e~sRt ~laR. TRB tree slolr\'ey, asrial ~Rsts~Fa~R aR€! treB re~la@emeRt ~laR sRall QB iR 3@@er€laR@e '.':itR ChafJter a Tre@ P.~se.n.'atffJR €If tRis b..aR€l Devels~~BRt Cs€le. 8. NufsaRs@ Cgmp.'iam;;e Cerlffi€atien TRe sloIB€li'Ji€ler GRail slolB~it a eertifi€i3tieR frsm tRe @ity es€lo @sm~liaReB effi@er iR€lieatiR~ tRB statlols ef tRB ~rs~er;ty rs~ar€liR~ ~loIBIi€i RloIisaRess. 7. Ta:fes PJifi Cef1ifiJtieR TRB 3~~1i@3Rt sRall slolB~it Bvi€leR@e frsm 311 Iseal ~loIBIi€i ta}(jR~ BRtities iR€li@atiR~ tRat Re €lSIiR€llolBRt ta}(es 3re €llole. S. .c;ees TRB a~~lieaRt SR31l ~ay tRS Q~~Ii€iaBle ~Iat a~~Ii@atieR fee wReR tRe a~~lie3tisR is ~loIB~itts€l ts tl:lB .'\€l~iRistrati'!e OUieial. 8.10.>> RECQRIUl'!G QF l\lIi"iOR PL,H O. Reeo:,dJflfiI of Miflor .'~Jat Tl:le Cit~' sRall rs@sr€l tRB ~IJt \':itR tRe Tarr3Rt C9101Rty Clerk's Offies \'JI:lBR tl:le fGII9\':iR~ are e9m~IBte: 1. TRe ~Iat RJS BBSR €lF3\'/R SR ~ylar rs~re€llol@iQle fil~ er etRsr ~BFmaRBRt ~aterial aR€l R3S BeeR si~REl€l sy tRe PlaRRiR~ aR€l :ZsRiR~ CsmmissisR Cl:lairmaR aR€l Sseretary; 2. .'\11 Re@eSSarj fi~@31 a~reemeRts Ravs seeR a~~rs'Je€l BY tl:le City; A. 1'.11 fees !:l3'Je seeR reeeivB€l; aR€l 4. TRB Dirg@tsr €If PloIslie Servi@B~ RQS a~~rsvB€l all BR~iReeriR~ ~13RS aR€l s~e@ifi@atisRs, if a~~Ii@aBle. -. ~._~.~::..~.._- S.H.A REPL:~T CL\.SSIFIC.'.TIm'l A. Re9.'at Cfass:fieatJrJn TRe RBfillat ~rS€ie€lblre sRall Be loIse€l wReR a ~mvislolsly ~13tte€! ~rs~erty is WS~8SB€l fer re€lBvelsfilmsRt. 1'. Rg~lat m3Y iR@lloI€le aR a€l€litisR31 ~ar@el sf loIR ~IJttB€l ~r8~erty '.'/RBR tRO Si~B ef tRB loIR ~13ttB€l ~@FtieR €leBs Ret €li@tate tRB sloIsmittal sf a PrBlimiRary PIJt. TRs .~smiRistr3tive Offiei31 res~@RsiBle ror sloIs€livisisR reviev/ ~Rall review eaeR Rs~13t a~~Ii@GltisR aR€l €lBtermiRe 'NRetRer sr Chapter 8 - Plat Review Procedures Page 8 - 13 City of Col1eyville, Texas, Land Development Code tho RQt tHe size €lf tAB loin ~13ttB€l ~ortisR ef thB ~ropOSBg €levelo~moRt warr3nts thB sYBmittal ef a Prelimifl31)' P13t. &.11.B REPLl.T EXIIIDITS B. R9P!at Exhfli1.;ts TRs sloIB€livi€lor shall file an a~plie3tiQrI fer a~~rQv31 ef a Re~13t witH thB I'.ElmiRistFative Offi@i31 rBs~€lnsiBIB fer sloIB€livision reviBw, '.'JhicH SHall @sRtaiR tHe fGlIswiR~ 8xRiBits to Bg eORsi€lBr@€l eem~lot9: 1. Rs~/at /',ppIiG::JtJrim THe ap~lie:ation SRJII Be en tsrms tlolrnisHe€l BY tAG /\€lr::RiRistrati'/e OUi@ial respoRsiBle fQr €YB€li':isiorl review. If tl1@ ap~liE)3Rt is Rot tAG offie:i31 O'.vnBr of r€l@er€l, writtBR Qbltneriz3tioR frsm tHe ~rs~Brty O\VRer is rB€lllire€l. 2. Rep.'at fJral':ing TRe ~Iat €lr-J\\'il1~ sf:!all @eRtJiR tHe iFlforr::R3tioR eontaiRs€l in Sestjgn S. 11 RfiJ~/,Jir;@a .Q.':lt !nf-orm:lt,ifJR of tl1iE: L:JfH;J Dovolopment esso. 3. QraiF/age Study THe sloIB€livi€lgr sReloll€l €liselolss witR tHe city BR~iRBBr tRB RBB€l ts sloIBmit a Prelir::RiRary Dr3iR3~e .^.Ralysis te €letBrmiRe tHB RBB€l fer €lraiRag@ facilities Sf a DraiRage Stlol€ly witR eR~iRBBriR~ €lrra'l/iR~s. :\RY Prelir::RiRary Dr3iRage /'.Relysis or OF3iRa~@ Stlol€ly sA31l BO ~r-Q~are€l iR aeeer€lJR€B witR tRB rB€fwirBr::ROFlts @oRt3inB€I ifl C!w~t@." 11 sng.\nef;Jrinf} Design St-3near-fis of tRis b.aR€l Develepr::ReRt Cs€ls. nIB PlcmRiR~ eR€l ZSRiR~ Cer::RmissioR SHall RSt r8€Sr::Rr::RBR€l fer G1p~re'/al any ~13t \':Ri@R e~os net ~re'Ji€!e aeB€f1ol3ts facilities ts 8@@smme€l:ltB stofmw3tor rlolRoff. 4. CfiJf/st,"w.tion Dr3'/:iFlgs WA@R the ~f9~esB€l €levelO~IlHmt r@€llolires tAB CBl1strlol@tieR @f ~loIBli@ im~r@vem9I1ts, tRe 3~plie3Rt shall sloIBmit eORstrloletieR ~IJRS witH tR8 RG~lat for aPPf9val BY tRB City. Tho @oRstrlol@tisR €lrawil1~s SHall @eRfGrm tQ tho te@RRieJI s~G9ifieJtigrl~ c9r1taiRB€I iR Ch@#i1te.r 11 Enginee,riRg Desigfl Stsmdaras ef this laA€l DeveIQ~r::RBRt Ce€lB aR€l sRall BB ~r€l~3re€l aR€I sBelgg 9Y a Rg~istereg PrefessioRal EAQiRBsr, liceRSeG ts ~F.a@ti@e iR the St3te of TBxas. 5. Tree .o,"iUiJerl3tfon P.'aR THe sblB€liviEler sRall syer::Rit a treo sblrvoy er 3R 3Bri31 ~h9te~Fa~H iR€lieatiRQ tRe g@rloml cB\'Bra~Q of trees. \f.tHOFB treBs arB ~ro~osB€l fer rer::Rov31, tRB sblB€livi€lBr SHall sWBmit a tree roplacBmBRt ~13R. TRB trBB sloIrvey, aerial PRgt9~FJ~h GiR€! trBe re~13@Br::RBRt plal1 sJ::lall b9 iR a@@sr€lJI1CB witR Cha~ter 5 Tree P."eS&,".'3tien sf this Csee. O. .\4Jis3nCf] Cemplkmsg Cer:tificati6Jn THB SblB9ivi€lBr SRJIl sloIBr::Rit a cor;tifieJtiQI1 fr~r::R the city ce€le @@m~liaRc9 sffi@Br iReie3tiR~ tHe statbls sf tRB ~re~ertr roQ3r€!iRQ ~YBIi@ RloIisaR@os. 7. Taxes P~id CeF-fi€:Gltion THe a~plicaF!t sRall sloIBr::Rit evi€!oRcB trer::R all le@al ~YBlic taxiR~ Emtities iR€li@atifl~ that Re €lBIiR~b1BRt tJ)(BS are €lY9. S. Fees TRB ap~lic3Rt sRall ~ay tRe J~pIiG3BIB ~IJt a~~licatiQR fee '1:HBR tf:!e a~l3lieatioR is sloIBmitte€l te tRe .'\emiRistr3ti'.'e Offi@i31. S.l1.C ADDITWI'L\L CRITERU.. FQRRE PL!.TTTlNG C. AdditioRa! c.<::.;teria ro." Rep/attiRfl IRe fGllewiR9 a€lGlitisRal @fitBria for 3pPr9'J31 sR311 Gi~filly iF! tR8 r@ &loIb€li'/isieR ef 3R existiR~ plat, \':itf:!elolt '.'Gl@atinQ tRB ir::RmB€li3te pre':ieys plat: 1. .^. ~b1Blic RBaril1Q sh311 Be rB€lbliro€l 9R tho Roplat 3t wAich il1terBste€l ~3rtios 3119 citiz(3I1s ha'le aR s~~ertYnity to eo RB3r€l. 2. If 3R} sf tho prs~esB€I 3mB te Be re sloIb€livi€lB€I er re plattB€!, witHif.l tho ir::RmB€liats ~roeBeiF!~ fjVQ years, 'N3S lir::Rite€l BY aRY iRtorir::R er ~BrmanBRt zeRiR~ @lassifi@atieF! t9 resi€lBRtial \J~e ror R@t mere th3R tWQ resi€leRtial b1Rits ~Br let, sr if 3RY lot iR tho immBeliatB I3rB'/iobls sloIBeivisisR was lir::Ritea BY €lee€l fBstr-icti9R ts fBSi90Rtial loIse fGr RSt r::R9re tAaR twe rosi€leRtiJI loIRits ~Br lot, Rotiee sf tRB ~loIBIi@ RearinQ s!;Jall BO ~i'JBR in a€l'/Jnce iR tRB fellowif.l~ mannor: a. PYBliC3tisR at IB3t:t 1 a €lays Berore tR9 €lJtG 9f tHe heariRQ iF! :3 nows~3~Br of ~eFleral @imYl3tisR in tho City. Chapter 8 - Plat Review Procedures Page 8 - 14 City of Colleyville, Texas, land Development Code B. A '."TitteR Rsti@e (v:itR J @s~Y sf ~aF3~ra~R (2) atta@RB€l) @f tRe ~loIBlie ReariR~ sRall Be f@P.var€lB€l RS IBSS tRaR fift@eR (15) €lays ~ri@r ts tRe €lay sf tRe ReaFiF-1~ te tRe S'.VRers (G1~ tRB e\'JRersRi~ 3~~El3rS SR tRe 13st a~~rsve€l a€l valemm ta)( mil) sf all lets iR tRB imme€liatB ~rees€liR~ ~Iat tRat are WitRiR 200 feet ef tRe lets ts Be re ~IGltte€l. IRe Retiee may Be serve€l BY €le~@sitiR~ it ~rG~9rly a€l€lrB~se€l aR€l ~@stGl~e ~ai€l, iR tRB YRite€l States ~sst effi@El. J. If tRe ~rs~@se€l re~lat re€llolires a '.\'ai\'er @f a re€lloliremBRt aR€l is ~r@t9ste€l iR aeesr€laReB v}itR tRis se@ti@R, tRe ~rg~ese€l rB~lat mlolst re@ei'JB, iR Emlsr te Be a~~rGvB€l, tRB aUirm:ative vste ef at least tRree rololRRS sf tRe memBers ~reseRt @f tRe PI:aRRiR~ aR€l leRiR~ CsmmissisR aR€l/er City C@loIReil. Fer a le~31 ~rstest, ':JrittBR iRstrlolmeRts si~Re€l BY tRe S\VRers sf at IBast 20 ~Bf@eRt @f tRe area sf tR9 lets er laR€l imms€li:ately 3€ljsiRiR~ tR9 area @evere€l BY tRB ~rg~@se€l re~lat aR€l B)(teR€liR~ 299 feet from tRat am3, BloIt ':JitRiR tRe sri~iRal SloIB€livisisR, mlolst Be file€l 'NitR tRS PlaRRiR~ aR€l Z@RiR~ CsmmissioR aR€l City CSlolReil ~risr te tRB @lssiR~ @f tRe ~loIBli@ RBariR~. IR @em~loItiR~ tRe ~erG€mta~B of laR€l area, tRe are3 sf streets aR€l 31leys sRall Be iR@lloI€lB€l. <I. Cem~li3R@S witR ~ara~ra~Rs (2) &. (J) is RSt re€llolire€l fGr a~~reval sf a re~lat @r a ~eRieR @f a ~risr ~Iat if tRe area ts BS re ~lattB€l 'J}as €lBsi~RatB€l sr mSBJ?le€l fGr etRBr tR3R siR~le er €llol~IEm family resi€leRtiJI loIse BY Ret3tisR eR tRB last 19~ally reeer€lB€l ~13t er iR tRS le~elly reesr€le€l rsstristisRS J~~lieaBIB ts tR9 ~Iat. 8.11.1} RECSRDII'!€) SF.\. REPl.:.T D. RSGs."'dfnfl sf a Rfm.fat TR9 City sRall Hil@sr€l tRe ~Iat '.\litR tRe TarraRt CSlolRty Clerl(s Offiee wReR tRe fGllswiR~ are eem~lete: 1. IRe ~Iat Res BeeR €lra'NR eR mylar re~re€lloleiBle Him sr etRer ~ermaRBRt matBrial an€l Res BeBR si~Rea BY tRe PI3RRiR~ aR€l ZeRiR~ CemmissisR CRairmaR 3R€l SBsret3ry; 2. f.1l Ro@eSSarj Hs@al 3~H;lemBRts R3ve BeeR a~~reve€l BY tRe City; J. .^.Il fBes Rave BBeF! re@eive€l; aR€l <I. TRe Direetsr sf PloIBIi@ ~ervi@ss R:aS a~~r9ve€l all eR~iResriR~ ~laRs aR€l s~e€iHeatisRs, if a~~li€aBle. Section 8-150 Amending Plats 8.11.1& Al\IENDIl'l€) Pl.:. T Cl.:.SSIFICA TISN A. Amendina Plat Classification - The Amending Plat procedure shall be used when making a minor change to an existing subdivision. These changes must not be substantive, nor create any new lots. Notice, public hearing, and the approval of other lot owners is not required for the approval of an Amending Plat. H.11.R l..J'ifEl'IDll'lC PI,.\. T PRSCEDURES B. Amendina Plat Procedures - The City is authorized to approve an Amending Plat which is signed by the property owners, and which is for one (1) or more of the purposes set forth in this Section, and such approval shall not require notice, hearing or approval of other lot owners. Amending Plats in accordance with the provisions of this Section shall be approved if the sole purpose of the Amending Plat is to: 1. Correct an error in any course or distance shown on the prior plat; 2. Add any course or distance that was omitted on the prior plat; 3. Correct an error in the description of the real property shown on the prior plat; Chapter 8 - Plat Review Procedures Page 8-- 15 City of Colleyville, Texas, Land Development Code 4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged with the responsibilities for setting monuments; 5. Show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; 6. Correct any other type of scrivener or clerical error or omission as previously approved by the City; such errors and omissions may include, but are not limited to, numbers, acreage, street names and identification of adjacent recorded plats; 7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment, and neither lot is abolished; provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; 8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; 9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: a. Attempt to remove recorded covenants or restrictions; or b; Increase the number of lots; or c. Remove or otherwise abandon any easement or right-of-way. 10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part of the subdivision covered by the preceding plat if; a. the changes do not affect applicable zoning and other regulations of the municipality; b. the changes do not attempt to amend or remove any covenants or restrictions; and c. the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or 11. To replat one or more lots fronting on an existing street if: a. the owners of those lots join in the application for amending the plat; b. the amendment does not attempt to remove recorded covenants or restrictions; c. the amendment does not create or require creation of a new street or make necessary the extension of municipal facilities. 8.11.C JAl\1El'IBING Pl.:. T EKIIIBITS C. Amendinq Plat Exhibits - The subdivider shall file an application for approval of an Amending Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Amending Plat Application - The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. Chapter 8 - Plat Review Procedures Page 8 - 16 City of Colleyville, Texas, Land Development Code 2. Amending Plat Drawing - The plat drawing plat contain the information contained in Section 8.14 _ Required Plat Information of this Land Development Code, where applicable. 3. Drainage ~ Information - TR9 sloIB€livi€ler sR91011€l €lis€loIsS witR tRe €ity BR~iflger As determined bv the Director of Public Works the R€le€l ts developer shall submit a Preliminary Drainage Analysis or a Drainage Study. When tRe Pr9liffiiRaf}' OraiRa~@ .'\Ralysis Ras €l9tBrffiiRe€l tR3t drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with gR~iReeriR~ €lr3.....ifl~s supporting documentation which shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code. TRe PlaRRiR~ an€l .l@RiR~ C@ffiffiissieR sRall fist re@sffiffi9R€l fsr 3~~re'/al aRY ~l3t \':Ri@R €lses R@t ~re'/i€le a€lB€llolate f.,3@ilitiBs t@ a@@@ffiffis€late stsrffi.....3ter rl::IR@ff. 4. Construction Drawings - When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the plat fGr a~~rsvJI BY tRB City. The construction drawings shall conform to the technical specifications contained in Chapter 14 _ Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Nuisance Compliance Certification - The Code Enforcement Officer €tlB€livi€ler shall €loIBffiit (l provide certification U-Sffi tRe @ity @e€lB @sffi~liaR@B sUi@er indicating the status of the property regarding public nuisances. e. Taxes P-D.;d Cef.tifisat!6JfI nB a~~li@aRt sRall SloIBffiit evi€leR@e freffi all le@al ~loIBIi@ t3xiR~ ElRtities im;/i@atiR~ tRat Re €leliR€lloleRt ta)(es are €ltl0. :;. &,. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. 8.12.:0 RECOR9Il'IG :AN L"'~l\1EN9mG PL.\. T D. RSGfJ."-fliRfil:m AmsmJiRfl ~Jat TR9 Citj sR31l rGl@9r€l tRB ~13t witR tRB CSloIRty Clerk's OUi€e '::ReR tR9 fGllsv:iR~ are €sffi~leto: 1. TRB ~Iat Ras BeeR €lFGl':m 9R ffiylar re~re€llol@iBle fjlffi er 9tRBr ~Brffi3ReRt ffiatBrial aR€l Ras BElBR si~Re€l BY tRe .'\€lmiRistrativB Offi@ial 6lbltR€lrize€l ts J~ws\'e aR t.ffiBR€liR~ Plat; 2. All RQ@essary fis€al 3~rseffiBRts Rave BElem a~~r9'JB€l BY tR€l City; 3. All f€les R3ve BeBR rGl@Bive€l; GlR€l 4. TRe Dire@tsr ef PloIBli@ S€lrvi@es Ras Glf3~reve€l all eA!:jiReeriR!:l ~laRs aRe s~s@ifi@atieRs, if a~~1i@3Ble. Section 8-155 Vacation of Plats A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold. If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of lots in the plat and with the approval of the City obtained in the manner prescribed for the original plat. Section 8-160 Required Plat Information A. The applicant requesting subdivision plat approval shall submit the required number of copies of a plat drawing as determined by the Administrative Official and which complies with this Section. 1. All plat drawings shall contain the following information, where applicable: Chapter 8 - Plat Review Procedures - Page 8 - 17 City of Colleyvifle, Texas, land Development Code a. Owner / Subdivider - The names and addresses of the subdivider and the current owner of record. b. Surveyor Name - The name, address and telephone number of the surveyor responsible for the plat, which shall contain the seal of a Texas Registered Professional Land Surveyor. c. Subdivision Name - If the land to be platted is situated within or adjacent to an existing subdivision, that plat may take the name of the existing subdivision, subject to the approval of the City. The name of the proposed subdivision shall be clearly shown with large letters and shall not be a duplication of any existing subdivision name, whether by spelling or pronunciation, or similar to any other subdivision within the City. Pr9@e€liR~ tRB R3me sf tR9 sblB€livisisR sRall Be a Titls ~Is@k iR€li@GltiFl~ The plat drawing shall indicate whether the plat is a Preliminary Plat, Final Plat, Replat, or Amending Plat. d. Location Map - A location map showing the tract by reference to streets or highways. e. Date - The date the plat was prepared. f. Scale & North Arrow - The plat shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. g. Subdivision Boundary Lines - The subdivision boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for platting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. h. Metes and Bounds Description - A written metes and bounds description of the property shall be shown on the plat and be capable of reproducing such lines upon the ground with a closure error of less than 1 :25,000. The shall include reference to an original surveyor subdivision corner, and the The legal description shall include the acreage of the total area of the proposed subdivision and be consistent with the subdivision boundary. The legal description shall contain information to show the last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. i. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files; if the adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining streets are to be shown. TREl ~Iat Br €lBe€l re@sr€liR~ iRfeFffiatiBR sRall ~e sRe'uR. j. Street Rights-of-Way - The width of all public street rights-of-way shall be shown on the plat. The general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall be shown for all curves. The distance from the centerline of any existing roadway of a boundary street to the proposed subdivision shall be shown to determine the adequacy of right- of-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. k. Permanent Structures - The location and general outline of any existing permanent structures with sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set-back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. I. Building Set-back Lines - Front building set-back lines shall be indicated by dashed lines on all lots in accordance with the requirements of the applicable zoning district. Side yard building set- Chapter 8 - Plat Review Procedures Page 8 - 18 City of Colleyville, Texas, Land Development Code back lines shall be indicated by dashed lines on the side yards of lots with side street frontage. Additional building set-back may be required by the City. Existing building set-back lines on adjacent properties shall be shown, where applicable. m. City Limit Lines - The location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the plat. n. Easements - The location and dimension of all existing or proposed easements shall be shown on the plat drawing indicating whether such easement is for any specific purpose. General easements for the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided along each side of all rear property lines. If necessary for the extension of water or sewer mains, storm drainage or other utilities, easements of greater width may be required along lot lines or across large lots. In all cases, easements shall connect with easements already established on adjoining properties or extend to connect with a public right-of- way. No lot shall be shown with an easement which prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. o. Lot and Block Numbering - All lots and blocks shall be consecutively numbered, or lettered in alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or lettered consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder than lot numbers or circled to make identification clear. Any lot or block which is planned as an 'out-parcel' shall be numbered and designated on the plat with notation regarding any development restrictions. p. Sheet Size - Map sheets shall be of such size as are acceptable for filing in the Tarrant County Clerk's Office, and shall not exceed twenty-four by thirty-six (24"x 36") inches, but may be eighteen by twenty-four (18" x 24") inches, with a binding margin of not less than one and one- half inches on the left side of the sheets. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. q. Plat Notes and Conditions - When appropriate, the plat shall contain a listing of any Plat Notes and Plat Conditions in a readily identifiable location with each note numbered consecutively. r. Public Use Areas - The location and dimensions of all property proposed to be set aside for public use or common reservation shall be shown on the plat drawing, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation. s. Street Names - All street names shall be shown on the plat. New street names shall be sufficiently different in sound and in spelling from other street names in the city to avoid confusion. The continuation of an existing street shall bear the same name. t. Phasing of Plats - The plat drawing shall indicate any phasing of the proposed subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall layout and phasing, unless a revised Preliminary Plat is submitted and approved in accordance with this Chapter. However, a subsequent reduction of a phase may be considered provided that it conforms to the original street arrangement. u. Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the exact dimension shown on all other plats with accuracy to one-hundredth's of one foot. The dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable zoning district. v. Flood Plain Features - The location of the 100-year flood limits, if applicable, shall be shown on the plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in the 100 year flood-prone area, the developer will be required to comply with the Flood Damage Prevention Ordinance. Chapter 8 - Plat Review Procedures Page 8 - 19 City of Colleyville, Texas, Land Development Code w. Irregular Side Lot Lines - Side lot lines which are not perpendicular to the street right-of-way shall be indicated with bearing and distance. x. Lot Areas - The area for each lot expressed in square feet shall be shown on the plat. y. Survey Notes - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the plat. Z. Certification Blocks - All plats shall contain the appropriate certification blocks which shall be similar to those shown. Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _ day of ,20_, to approve this Plat. Chairman, Planning and Zoning Commission Attest: Secretary, Planning and Zoning Commission City Council Approval Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this , 20_, to approve of this Plat. day of Mayor. City of Colleyville Attest: City Secretary Staff Approval Authority This amending plat is approved in accordance with Section 212.0065ofthe Texas Local Government Code and the City of Colleyville Subdivision Regulations Date Community Development Manager Director of Public Services Dedication Certificate WHEREAS, (owners name), are the owners of a tract of land situated in the (name) Survey, Abstract N. (#), Tarrant County, Texas, and being out of a (#) acre tract conveyed to them by (deed reference), and being more particularly described as follows: Chapter 8 - Plat Review Procedures Page 8 - 20 City of Colleyville, Texas, Land Development Code (metes and bounds description) NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and addition to the City of Colleyville, Tarrant County, Texas. and do hereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and a=mmodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing. inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. Witness our hands this day of ,20_. Owners Name STATE OF TEXAS }{ COUNTY OF TARRANT }{ Before me, the undersigned Notary Public in and for said county and State on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office this _ day of ,20_. Notary Public in and for Tarrant County (affix seal) My printed name My commission expires: Surveyor's Certification KNOW ALL MEN BY THESE PRESENTS: That I, , a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground. Signature Date (Affix Seal) Section 8-165 Easement and Right-of-Way Encroachments (Ord. 0-01-1280/08108101) No building permit shall be issued for any structure that encroaches into or over a public drainage and/or utility easement or public right-of-way, unless an easement encroachment and joint use agreement has been approved in accordance with the procedures contained in this Section. Chapter 8 - Plat Review Procedures Page 8 - 21 City of Colleyville, Texas, Land Development Code 1. The applicant must submit a written application on forms furnished by the City, together with the appropriate filing fee, stating the reason for the proposed encroachment. Said application must contain the signature of the property owner or legal agent of the property owner where the encroachment is proposed or of the property that is adjacent to the right-of-way where the encroachment and joint use is proposed. 2. The applicant must provide a metes and bounds description indicating the exact location of the encroachment and a plot plan showing the nature of the improvements proposed within the encroachment area. 3. The application must include written documentation signed by all public utility companies, including the City of Colleyville Engineering Department, indicating their consent to the encroachment and joint use of the easement or right-of-way. All public utility companies must approve the encroachment request before any consideration is given by the City of Colleyville. 4. No notification of adjacent properties is required unless, the City Manager, or designated official, determines that the encroachment or joint use has a direct impact on the adjacent properties. 5. An application requesting an easement encroachment may be approved by the City Manager or other designated official. Applications requesting a right-of-way encroachment require approval by the City Council. 6. Upon approval of the request, documents shall be filed in the Tarrant County Deed Records. 7. The application fee shall be set by separate ordinance approved by the City Council. Section 8-170 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subiect 0-00-1261 12/19/00 Incomolete Submittals / DRC Review 0-00-1280 08/08/01 Easement & riaht-of-wav encroachments Chapter 8 - Plat Review Procedures Page 8 - 22 Land Development Code City of Collevville. Texas Proposed Changes - Strikethrough Removed Section 8 - 100 Purpose of This Chapter The purpose of this Chapter is to establish regulations which describe the process for the review and approval of subdivision plats, but more specifically to: A provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; B. encourage the orderly development of the city through appropriate growth management techniques assuring the timing and sequencing of development, promoting in-fill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas; C. encourage appropriate protection to environmentally sensitive areas; D. ensure that public facilities and services are available; and E. establish procedures for the review and approval of subdivision plats. Section 8 -105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: A Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. B. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. C. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution and laws of the State of Texas. Section 8 -110 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Section 8 - 115 Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code. Chapter 8 - Plat Review Procedures Page 8 - 1 Land Develooment Code City of Collevville. Texas Section 8 -120 Plat Approval Required It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two or more parts, to layout a subdivision, to layout a building lot, or to layout a street, alley, square, park, or other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method for purpose of development. A division of land under these regulations does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated. The provisions of this Chapter shall apply to any development which is intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following shall be applicable to all subdivisions of land: A. It shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the City pursuant to the Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or created in violation of this Chapter. C. All plats and subdivisions shall conform to the rules and regulations set forth herein. D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, where the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of a subdivision plat. Section 8 -125 Plat Required for Building Permit No building permit shall be approved for any lot, tract or parcel of land unless and until a plat has been approved in accordance with this Land Development Code, except as provided as follows: A. Residential Structures - A building permit for an addition to, or renovation of, an existing residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. B. Non-residential Structures - A building permit for an addition to, or renovation of, an existing non- residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. C. Plattinq Exemption for Accessory Buildinqs - A building permit for an accessory structure may be issued on an un-platted lot. D. Public Facilities Available - No building permit for a primary building will be issued until all public facilities have been installed and have been approved and accepted by the City or provision has been made by the developer for such public facilities. Chapter 8 - Plat Review Procedures Page 8 - 2 Land Development Code City of Collewille. Texas Section 8 - 130 Approval Authority Over Subdivision Plats A. Approval of Plats Required - In accordance with Chapter 212.004 of the Local Government Code, the Planning and Zoning Commission shall approve all subdivision plats, provided said plat conforms to the requirements and specifications of this Land Development Code. In addition to the requirement of approval of subdivision plats by the Planning and Zoning Commission, the City Council shall also be required to approve subdivision plats, except for the approval of minor plats or amending plats. In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Council, the plat approved by the City Council shall prevail. The approving body for all subdivision plats shall be in accordance with the following table: Final Plats no yes yes Minor Plats no yes no Amending Plats yes no. no ** . The Planning and Zoning Commission shall have the authority to approve an Amending Plat which has not been approved by City Staff. .. The Planning and Zoning Commission may additionally require the approval of an amending plat by the City Council. B. Minor Plat Approval bv Planninq and Zoninq Commission - The Planning and Zoning Commission shall be authorized to approve or disapprove a Minor Plat, as defined by this Land Development Code, without the additional approval of the City Council. If the application includes a request for a waiver or modification of a platting regulation, the Planning and Zoning Commission shall have the authority to approve the request. The Planning and Zoning Commission may require the additional approval of any Minor Plat or waiver request by the City Council. C. Amendinq Plat Approval bv Staff - The City Manager, or his designee, shall be authorized to approve an Amending Plat as defined by the Local Government Code, provided said plat conforms to the requirements and specifications of this Land Development Code. If the application includes a request for a waiver from the subdivision requirements, the City Manager, or his designee, shall present the amending plat to the Planning and Zoning Commission for approval. The Planning and Zoning Commission shall have the authority to approve the Amending Plat. The Planning and Zoning Commission may require additional approval of any Amending Plat by the City Council. The City Manager, or his designee, may not disapprove an Amending Plat, but shall refer any Amending Plat which he refuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. Section 8 - 135 Procedure for Approval of Subdivisions A. Time Period for Takinq Action - The Planning and Zoning Commission shall approve or disapprove a subdivision application within thirty (30) days after the date the subdivision application is filed as provided in this Chapter. A subdivision application is considered approved if the Planning and Zoning Commission fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty day time period for action by the Planning and Zoning Commission, provided said request is submitted in writing. Chapter 8 - Plat Review Procedures Page 8 - 3 Land Development Code City of Collevville. Texas B. Additional Time Period for City Council Approval - Where City Council action is required on a subdivision application as provided in this Chapter, the action shall be taken no later than thirty (30) days after the date the subdivision application was considered by the Planning and Zoning Commission. A subdivision is considered approved if the City Council fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty day time period for action by the City Council, provided said request is submitted in writing. C. Certificate of Compliance - In cases where the City fails to act on a subdivision application within the thirty day time period, the Administrative Official, upon written request, shall issue a certificate of compliance stating the date the subdivision was filed and that the City failed to act on the subdivision application within the specified time. D. Authorization to Siqn Plats - The approval of a plat by the City Council, or in the case of a Minor or Amending plat by the staff or Planning and Zoning Commission, shall constitute authority for the Chairman and Secretary of the Planning and Zoning Commission and/or the Mayor and City Secretary, or staff to execute said plat, and shall constitute approval for recording in the County Clerk's Office of Tarrant County. E. Modification of Conditions - Where the City finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve modifications of conditions to these platting regulations so that substantial justice may be done and the public interest secured. Such a finding by the City shall not have the effect of nullifying the intent and purpose of these platting regulations. F. Completeness Determination - Every subdivision plat application shall be reviewed by the Administrative Official for completeness. The applicant shall be provided written notice of any deficient exhibits no later than ten business days from the date the application is received. The determination shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information are not provided. G. Incompleteness as Grounds for Denial - No subdivision plat application shall be scheduled for action by an approving body unless it is determined that the application is complete and all required documents submitted to the City, unless the applicant has provided a written request for a waiver or modification of said requirement. The processing of an application by any City official or employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing, and the incompleteness of the application shall be grounds for denial or revocation of the application. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of the Land Development Code. H. Time for Completinq Application - If a subdivision plat application is not completed on or before the 45th day after the application is received by the Administrative Official for processing, the application will be deemed to have expired. Thereafter, a new subdivision plat application must be submitted, including payment of the applicable application fee. The City may retain any fee paid for reviewing the original application for completeness. I. Official Plat Submittal Date -The date from which the statutory period requiring approval or disapproval of a subdivision plat application shall commence on the date the Administrative Official responsible for processing subdivision plat applications has determined the application to be complete and marked said date on the application and has scheduled said application for action by the approving body. J. Development Review Committee - The City Manager shall designate a Development Review Committee (DRC) which shall be an advisory committee to the Planning and Zoning Commission and have responsibility for providing comments and recommendations on subdivision applications. In addition, the Development Review Committee shall submit comments and recommendations on vacation of public rights-of-way or easements and site plan reviews required by this Code. The Administrative Official responsible for subdivision review shall coordinate the actions of the Development Review Committee. ._................................................................ ..........__ ..................._.........m............... Chapter 8 - Plat Review Procedures . Page 8 - 4 Land Develooment Code City of Colleyville. Texas K. DRC Review - Copies of subdivision plat applications shall be distributed to the Development Review Committee (DRC) members for technical review. The DRC shall provide written comments and recommendations on the proposed development to the Administrative Official. The Administrative Official responsible for subdivision review shall compile a report of the written comments received from the DRC and provide a copy of said report to the subdivider within five (5) working days following the day of receipt of all staff comments. The subdivider shall submit revised copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or provide written response as to why such modification is not proposed. L. Consistency with Master Plans - No subdivision plat shall be approved which is not consistent with the Colleyville Master Plan, the Parks Development Plan, and trail systems plans of the City. M. Compliance with Zoninq - No subdivision plat shall be approved that is not consistent with the existing zoning regulations applicable to the property being platted, unless a rezoning application is pending that will provide consistency with the proposed development. N. Public Facilities - No subdivision application shall be approved by the City unless the Director of Public Works has reviewed the construction plans for the proposed development and has determined that the public facilities will be adequate to support and service the area of the proposed subdivision. To expedite the review process, the Director of Public Works may accept a written offer by the developer as satisfactory evidence that public improvement requirements of the Land Development Code will be satisfied. The City may require the applicant to submit sufficient information and data to demonstrate that the existing public facilities are adequate to serve the proposed subdivision. Public facilities and services to be examined for adequacy may include drainage facilities, roads, sewage, and water systems. Public facilities shall be designed and constructed in accordance with the requirements contained in this Land Development Code. Said proposed public improvements shall conform to and be properly related to the Colleyville Master Plan and all applicable capital improvement plans, including but not limited to the following: 1. Master Thorouqhfare Plan - All subdivisions shall be designed to coordinate with the right-of-way widths and street patterns shown on the Master Thoroughfare Plan. 2. Water System - All lots shall be served by a public water system capable of providing water for health and emergency purposes, including adequate fire protection. Proposed water system improvements shall be consistent with the Master Water System Plan. 3. Wastewater Collection System - All lots shall be served by an approved means of wastewater collection and treatment. Proposed sewer system improvements shall be consistent with the Master Wastewater Collection System Plan. 4. Storm Water Manaqement - Proposed drainage system improvements shall be consistent with the Master Storm Water Management Plan. O. Record Maintenance - The Administrative Official responsible for subdivision review shall maintain a record of each application submitted under this Chapter, and the action taken on the application. P. Dedication Offers - All streets, drainage ways, parks, and other rights-of-way or public easements shown within a subdivision plat and intended for public use shall be offered for dedication as part of the approval of a plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated and available for acceptance by the City in accordance with the requirements of this Section. 1. Whenever a subdivision proposes the dedication of land for public use and the City finds that such land is not required or is not suitable for public use, the City may either deny the subdivision application or require the rearrangement of lots to include such land. 2. The approval of a subdivision plat by the City is not considered an acceptance of any dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the City Council makes an actual appropriation of the dedicated parts by entry, use, or Chapter 8 - Plat Review Procedures Page 8 - 5 Land Develooment Code City of Collevville. Texas improvement. 3. Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications shown thereon. Q. Nuisance Ordinances and Outstandinq Liens - No subdivision plat shall be placed on the agenda for action by an approving body in which the Code Enforcement Officer has issued notice to the owner of the property being subdivided that the property being considered for development is in violation of a public nuisance ordinance of the City of Colleyville and the violation has not been abated prior to the subdivision application date. No subdivision plat shall be placed on the agenda for action by an approving bodr that has an outstanding delinquent lien payable to the City of Colleyville. R. FrontaQe on Public Access Required - Every lot shall have frontage on a public street right-of-way. Said frontage shall not be less than eighty percent (80%) of the minimum required lot width established for the zoning district. In non-residential areas, access to a lot with a public access easement that is acceptable by the City as meeting the minimum requirements to provide public ingress and egress and for adequate emergency vehicle access may be allowed in lieu of a public street right-of-way. S. Plats StraddlinQ or Adiacent to Municipal Boundaries - Where access to a proposed subdivision is required across land in an adjacent city, the Administrative Official shall coordinate the review of the plat with the adjacent city and the Planning and Zoning Commission may require written approval from the adjacent city. T. Official City Map - The Administrative Official responsible for subdivision review shall maintain an Official City Map, which shall indicate all subdivisions, lots and street rights-of-way. Subdivision plats hereafter approved shall be placed on the Official Map in a timely order and include the names of all streets and street suffix classifications. Where street name inconsistencies exist, from one subdivision to another, the Administrative Official shall place on the Official City Map the generally accepted street name, its proper spelling, and suffix classification. The Administrative Official responsible for subdivision review shall assign street address ranges for each block and coordinate these with the Office of the Fire Marshal and other emergency service providers. U. Enforcement of Chapter - In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this Chapter by injunction issued by a court of competent jurisdiction. Section 8 -140 Preliminary Plats A. Preliminary Plat Classification - Submittal of a Preliminary Plat is the first of a two step process for approval of a subdivision plat. The Preliminary Plat procedure shall be used when the property proposed for development is not platted as defined in this Chapter. The purpose of the Preliminary Plat procedure is to allow a subdivider to submit an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel of land before proceeding to the final platting process. B. PlattinQ all Land in Common Ownership - The Preliminary Plat shall include all contiguous holdings of the owner, including land in "common ownership" as defined in this Chapter, with an indication of the portion which is proposed for subdivision. C. PhasinQ of Preliminary Plats - In the event that the property indicated is to be final platted in phases, the Preliminary Plat shall clearly indicate the parcels of land to be included in the phasing. Subsequently, Final Plats shall generally comply with the phasing lines indicated on the Preliminary Plat. Significant departure from the phase lines indicated on the Preliminary Plat shall require an amendment to the Preliminary Plat prior to further final platting of property. D. Effect of Approval - Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall be signed by the Administrative Official and kept for public record. Said approved Preliminary Plat shall reflect any and all revisions to the original submitted Preliminary Plat as was directed by the Planning and Chapter 8 - Plat Review Procedures Page 8 - 6 Land Develooment Code City of Collevville. Texas Zoning Commission and/or City Council which were made a condition of approval. Approval of the Preliminary Plat shall not constitute final acceptance or approval of the subdivision but shall constitute authority to proceed with the Final Plat process as described in this Chapter. E. Expiration of Approval- Approval of a Preliminary Plat shall expire after twelve (12) months from the date of approval, unless a Final Plat is submitted for all or part of the area that has received Preliminary Plat approval. The approving body may approve a time extension upon written request from the developer or may waive the twelve month termination period when the Final Plat is determined to be consistent with the approved Preliminary Plat and no additional standards have been adopted by the City. F. Re-submittal of Preliminarv Plat - When a Preliminary Plat is disapproved, the subdivider, at any time thereafter, may submit a new design for approval, following the same procedures as required for the original application, including the payment of application fees. G. Preliminary Plat Exhibits - The subdivider shall file an application for approval of a Preliminary Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Preliminary Plat Application - The application shall be on forms furnished by the Administrative Official. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Preliminary Plat Drawing - The plat drawing shall contain the information listed in Required Plat Information, where applicable. 3. Preliminary Drainage Information - The subdivider shall submit a Preliminary Drainage Analysis to determine the need for drainage facilities, unless the Director of Public Works has determined that a Preliminary Drainage Analysis is not necessary at time of platting. The Preliminary Drainage Analysis shall be prepared in accordance with drainage analysis requirements contained in Chapter 14 - Engineering Design Standards of this Land Development Code. 4. Preliminary Utility Plan - The subdivider shall submit drawings which shall indicate the general location and approximate sizes of all existing and proposed public utilities, unless the Director of Public Works has determined that public utility improvements are not necessary. The size of all proposed water and sewer lines shall be determined using the design criteria contained in Chapter 14 - Engineering Design Standards of this Land Development Code. 5. Tree Survey - Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree surveyor an aerial photograph indicating the general coverage of trees. 6. Nuisance Compliance Certification - The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances. 7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. H. GradinQ Site Prior to Final Approval - Following Preliminary Plat approval, the developer may apply for an earthwork permit and upon approval of said permit may commence construction to the grades and elevations required by the Preliminary Plat. Section 8 - 145 Final Plats A. Final Plat Classification - Approval of a Final Plat is the second step in the process for approval of a subdivision plat. The Final Plat procedure shall be used when the property proposed for development has been previously approved as a Preliminary Plat and conforms to the requirements of this Chapter. The purpose of the Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivision. Chapter 8 - Plat Review Procedures Page 8 - 7 Land Development Code City of Collevville. Texas 1. Minor Plats: A Minor Plat submittal may be used when the property proposed for development is not platted, contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allow a subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and approval of a small subdivision where no new public street is created. Where applicable, the Minor Plat submittal shall contain the same exhibits as a Final Plat submittal. 2. Replats: A Replat submittal may be used when a previously platted property is proposed for redevelopment. A Replat may include an additional parcel of un-platted property when the size of the 'un-platted portion does not dictate the submittal of a Preliminary Plat. The Administrative Official responsible for subdivision review shall review each Replat application and determine whether or the not the size of the un-platted portion of the proposed development warrants the submittal of a Preliminary Plat. Where applicable, the Replat submittal shall contain the same exhibits as a Final Plat submittal. 3. Additional Criteria for Replats: The following additional criteria for approval shall apply in the re- subdivision of an existing plat, without vacating the immediate previous plat: a. A public hearing shall be required on the Replat at which interested parties and citizens have an opportunity to be heard. b. If any of the proposed area to be re-subdivided or re-platted, within the immediate preceding five years, was limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, notice of the public hearing shall be given in advance in the following manner: i. Publication at least 15 days before the date of the hearing in a newspaper of general circulation in the City. ii. A written notice (with a copy of paragraph attached) of the public hearing shall be forwarded no less than fifteen (15) days prior to the day of the hearing to the owners (as the ownership appears on the last approved ad valorem tax roll) of all lots in the immediate preceding plat that are within 200 feet of the lots to be re-platted. The notice may be served by depositing it properly addressed and postage paid, in the United States post office. c. If the proposed replat requires a waiver of a requirement and is protested in accordance with this section, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the Planning and Zoning Commission and/or City Council. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission and City Council prior to the closing of the public hearing. In computing the percentage of land area, the area of streets and alleys shall be included. 4. Compliance with not required for approval of a replat or a portion of a prior plat if the area to be was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. 8. Final Plat Prerequisites - a Unless exempt from the requirements of Preliminary Plat approval, no Final Plat shall be placed on the agenda for action by the approving body until a Preliminary Plat of a subdivision has been previously approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a subdivider may file an application for approval of a Final Plat. The Final Plat shall conform to the Preliminary Plat as approved and incorporate any and all changes, modifications, corrections and conditions imposed by the prior approval. A Final Plat will not be presented to the approving body for consideration, which fails to incorporate the recommendations of the Preliminary Plat approval. Chapter 8 - Plat Review Procedures Page 8 - 8 Land Develooment Code City of Collevville. Texas C. Final Plat Exhibits - The subdivider shall file an application for approval of a Final Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Final Plat Application - The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Final Plat Drawing - The plat drawing shall contain the information contained in IIi_I - Required Plat Information of this Land Development Code. 3. Drainage Information - The subdivider should discuss with the Director of Public Works the need to submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code. 4. Construction Drawings - When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Final Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Tree Survey - Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree surveyor an aerial photograph indicating the general coverage of trees. These documents are not necessary if they have been submitted with the Preliminary Plat. 6. Nuisance Compliance Certification - The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances. 7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. D. RecordinQ of Plats - The City shall record the plat with the Tarrant County Clerk's Office when the following are complete: 1. The plat has been drawn on mylar reproducible film or other permanent material and has been signed by the Planning and Zoning Commission Chairman and Secretary and/or the Mayor and City Secretary, or staff, as applicable; 2. All necessary fiscal agreements have been approved by the City; 3. All fees have been received; and Section 8 -150 Amending Plats A. Amendinq Plat Classification - The Amending Plat procedure shall be used when making a minor change to an existing subdivision. These changes must not be substantive, nor create any new lots. Notice, public hearing, and the approval of other lot owners is not required for the approval of an Amending Plat. Chapter 8 - Plat Review Procedures Page 8 - 9 Land Development Code City of Collevville. Texas B. Amendinq Plat Procedures - The City is authorized to approve an Amending Plat which is signed by the property owners, and which is for one (1) or more of the purposes set forth in this Section, and such approval shall not require notice, hearing or approval of other lot owners. Amending Plats in accordance with the provisions of this Section shall be approved if the sole purpose of the Amending Plat is to: 1. Correct an error in any course or distance shown on the prior plat; 2. Add any course or distance that was omitted on the prior plat; 3. Correct an error in the description of the real property shown on the prior plat; 4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged with the responsibilities for setting monuments; 5. Show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; 6. Correct any other type of scrivener or clerical error or omission as previously approved by the City; such errors and omissions may include, but are not limited to, numbers, acreage, street names and identification of adjacent recorded plats; 7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment, and neither lot is abolished; provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; 8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; 9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not a. Attempt to remove recorded covenants or restrictions; or b. Increase the number of lots; or c. Remove or otherwise abandon any easement or right-of-way. 10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part of the subdivision covered by the preceding plat if; a. the changes do not affect applicable zoning and other regulations of the municipality; b. the changes do not attempt to amend or remove any covenants or restrictions; and c. the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or 11. To replat one or more lots fronting on an existing street if: a. the owners of those lots join in the application for amending the plat; b. the amendment does not attempt to remove recorded covenants or restrictions; c. the amendment does not create or require creation of a new street or make necessary the extension of municipal facilities. Chapter 8 - Plat Review Procedures Page 8 - 10 Land Develooment Code City of Collevville, Texas C. AmendinQ Plat Exhibits - The subdivider shall file an application for approval of an Amending Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Amending Plat Application - The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Amending Plat Drawing - The plat drawing plat contain the information contained in Section 8.14 - Required Plat Information of this Land Development Code, where applicable. 3. Drainage Information - As determined by the Director of Public Works, the developer shall submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code 4. Construction Drawings - When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Nuisance Compliance Certification - The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances. 6. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. Section 8 -155 Vacation of Plats A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold. If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of lots in the plat and with the approval of the City obtained in the manner prescribed for the original plat. Section 8 -160 Required Plat Information The applicant requesting subdivision plat approval shall submit the required number of copies of a plat drawing as determined by the Administrative Official and which complies with this Section. 1. All plat drawings shall contain the following information where applicable: a. Owner / Subdivider - The names and addresses of the subdivider and the current owner of record. b. Surveyor Name - The name, address and telephone number of the surveyor responsible for the plat which shall contain the seal of a Texas Registered Professional Land Surveyor. c. Subdivision Name - If the land to be platted is situated within or adjacent to an existing subdivision, that plat may take the name of the existing subdivision, subject to the approval of the City. The name of the proposed subdivision shall be clearly shown with large letters and shall not be a duplication of any existing subdivision name, whether by spelling or pronunciation, or similar to any other subdivision within the City. The plat drawing shall indicate whether the plat is a Preliminary Plat, Final Plat, Replat, or Amending Plat. ...........__._._...____...................................._._...._......_................ .............._m... Chapter 8 - Plat Review Procedures Page 8 - 11 Land Develooment Code City of Collevville. Texas d. Location Map - A location map showing the tract by reference to streets or highways. e. Date - The date the plat was prepared. f. Scale & North Arrow - The plat shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. g. Subdivision Boundary Lines - The subdivision boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for platting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. h. Metes and Bounds Description - A written metes and bounds description of the property shall be shown on the plat and be capable of reproducing such lines upon the ground with a closure error of less than 1 :25,000. The legal description shall include reference to an original surveyor subdivision corner and the ~':zw~fi:i!;;ltl..;;'\~';:wyi!IW?T"'lj~iI.!f.iB'Itlfl;'''fI7;<i. The Ie al descri tion , .J&tb"~m",~.ij.iJJIIIL,ll,'j"'''''''''.'''''j'''''j,''<'''j'''"!}!j.",,,,,,,lili!, g P shall include the acreage of the total area of the proposed subdivision and be consistent with the subdivision boundary. The legal description shall contain information to show the last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. i. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files; if the adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining streets are to be shown. j. Street Rights-of-Way - The width of all public street rights-of-way shall be shown on the plat. The general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall be shown for all curves. The distance from the centerline of any existing roadway of a boundary street to the proposed subdivision shall be shown to determine the adequacy of right- of-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. k. Permanent Structures - The location and general outline of any existing permanent structures with sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set-back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. I. Building Set-back Lines - Front building set-back lines shall be indicated by dashed lines on all lots in accordance with the requirements of the applicable zoning district. Side yard building set- back lines shall be indicated by dashed lines on the side yards of lots with side street frontage. Additional building set-back may be required by the City. Existing building set-back lines on adjacent properties shall be shown, where applicable. m. City Limit Lines - The location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the plat. n. Easements - The location and dimension of all existing or proposed easements shall be shown on the plat drawing indicating whether such easement is for any specific purpose. General easements for the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided along each side of all rear property lines. If necessary for the extension of water or sewer mains, storm drainage or other utilities, easements of greater width may be required along lot lines or across large lots. In all cases, easements shall connect with easements already established on adjoining properties or extend to connect with a public right-of- Chapter 8 - Plat Review Procedures Page 8 - 12 Land Develooment Code City of Collewille. Texas way. No lot shall be shown with an easement which prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. o. Lot and Block Numbering - All lots and blocks shall be consecutively numbered, or lettered in alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or lettered consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder than lot numbers or circled to make identification clear. Any lot or block which is planned as an 'out-parcel' shall be numbered and designated on the plat with notation regarding any development restrictions. p. Sheet Size - Map sheets shall be of such size as are acceptable for filing in the Tarrant County Clerk's Office, and shall not exceed twenty-four by thirty-six (24"x 36") inches, but may be eighteen by twenty-four (18" x 24") inches, with a binding margin of not less than one and one- half inches on the left side of the sheets. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. q. Plat Notes and Conditions - When appropriate, the plat shall contain a listing of any Plat Notes and Plat Conditions in a readily identifiable location with each note numbered consecutively. r. Public Use Areas - The location and dimensions of all property proposed to be set aside for public use or common reservation shall be shown on the plat drawing, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation. s. Street Names - All street names shall be shown on the plat. New street names shall be sufficiently different in sound and in spelling from other street names in the city to avoid confusion. The continuation of an existing street shall bear the same name. t. Phasing of Plats - The plat drawing shall indicate any phasing of the proposed subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall layout and phasing, unless a revised Preliminary Plat is submitted and approved in accordance with this Chapter. However, a subsequent reduction of a phase may be considered provided that it conforms to the original street arrangement. u. Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the exact dimension shown on all other plats with accuracy to one-hundredth's of one foot. The dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable zoning district. v. Flood Plain Features - The location of the 100-year flood limits, if applicable, shall be shown on the plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in the 100 year flood-prone area, the developer will be required to comply with the Flood Damage Prevention Ordinance. w. Irregular Side Lot Lines - Side lot lines which are not perpendicular to the street right-of-way shall be indicated with bearing and distance. X. Lot Areas - The area for each lot expressed in square feet shall be shown on the plat. y. Survey Notes - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the plat. z. Certification Blocks - All plats shall contain the appropriate certification blocks which shall be similar to those shown. Chapter 8 - Plat Review Procedures Page8-13 Land Deve\ooment Code City of Collevville. Texas Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _ day of ,20_, to approve this Plat. Chairman, Planning and Zoning Commission Attest: Secretary, Planning and Zoning Commission City Council Approval Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this , 20_, to approve of this Plat. day of Mayor, City of Colleyville Attest: City Secretary Staff Approval Authority This amending plat is approved in accordance with Section 212.0065ofthe Texas Local Government Code and the City of Colleyvil\e Subdivision Regulations Date Community Development Manager Director of Public Services Surveyor's Certification KNOW ALL MEN BY THESE PRESENTS: That I. ' a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground. Signature Date (Affix Seal) Chapter 8 - Plat Review Procedures Page 8 - 14 Land Develooment Code City of Collevville. Texas Dedication Certificate WHEREAS, (owners name), are the owners of a tract of land situated in the (name) Survey, Abstract N. (#), Tarrant County. Texas, and being out of a (#) acre tract conveyed to them by (deed reference), and being more particularly described as follows: (metes and bounds description) NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights-of-way. and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all pUblic utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville. Texas. Witness our hands this day of ,20_. Owners Name STATE OF TEXAS }{ COUNTY OF TARRANT }{ Before me, the undersigned Notary Public in and for said county and State on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office this _ day of ,20_. Notary Public in and for Tarrant County (affix seal) My printed name My commission expires: Section 8 -165 Easement and Right-of-Way Encroachments (Ord. 0-01-1280/08108101) No building permit shall be issued for any structure that encroaches into or over a public drainage and/or utility easement or public right-of-way, unless an easement encroachment and joint use agreement has been approved in accordance with the procedures contained in this Section. 1. The applicant must submit a written application on forms furnished by the City, together with the appropriate filing fee, stating the reason for the proposed encroachment. Said application must contain the signature of the property owner or legal agent of the property owner where the encroachment is proposed or of the property that is adjacent to the right-of-way where the encroachment and joint use is proposed. Chapter 8 - Plat Review Procedures Page 8 - 15 Land Develooment Code City of Collevville. Texas 2. The applicant must provide a metes and bounds description indicating the exact location of the encroachment and a plot plan showing the nature of the improvements proposed within the encroachment area. 3. The application must include written documentation signed by all public utility companies, including the City of Colleyville Engineering Department, indicating their consent to the encroachment and joint use of the easement or right-of-way. All public utility companies must approve the encroachment request before any consideration is given by the City of Colleyville. 4. No notification of adjacent properties is required unless, the City Manager, or designated official, determines that the encroachment or joint use has a direct impact on the adjacent properties. 5. An application requesting an easement encroachment may be approved by the City Manager or other designated official. Applications requesting a right-of-way encroachment require approval by the City Council. 6. Upon approval of the request, documents shall be filed in the Tarrant County Deed Records. 7. The application fee shall be set by separate ordinance approved by the City Council. Section 8.15 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subject 0-00-1261 12/19/00 Incomolete Submittals / ORe Review 0-01-1280 08/08/01 Easement & riaht-of-way encroachments Chapter 8 - Plat Review Procedures Page 8 - 16