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HomeMy WebLinkAboutOrdinances (O-92-864)-07/13/1992 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 ORDINANCE 0-92-864 2 AN ORDINANCE AMENDING CHAPTER 9 OF THE COLLEYVILLE CODE BY ADDING 3 THERETO A DEFINITION OF MINOR SUBDIVISON AND DELEGATING APPROVAL OF MINOR SUBDIVISION PLATS TO THE PLANNING AND ZONING COMMISSION. 4 5 WHEREAS, The City Council desires to ensure proper and thorough public review of requests to subdivide land within Colleyville; and 6 WHEREAS, The City Council also desires to minimize the time required for proper public review and approval of minor subdivision actions; and 7 8 WHEREAS, The City Council finds it appropriate to delegate to the Planning and Zoning Commission the final approval of certain minor subdivision actions as defined herein, and 9 WHEREAS, The Planning and zoning commission on April 26, 1992 held a public hearing on this proposed ordinance and, following the public hearing, recommended approval by the City Council, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. That the Colleyville Code, Chapter 9, SUBDIVISIONS, SECTION 1, GENERAL PROVISIONS, is amended as follows: A. by adding to Part B, DEFINITIONS the following Subpart l1.d to read: d. Minor Subdivision means a subdivision which i. shall contain not more than five (5) acres, and shall contain not more than five lots, and shall not require the extension of public street right-of-way to provide dedicated access to any lot created or to provide a connection to a street in another subdivision or to comply wi th the Master Thoroughfare Plan; provided, however, it may require the dedication of additional right-of-way width and easements and the construction of drainage and utility improvements in order to meet City standards, and shall not require a waiver from requirements to construct utility or drainage improvements within the subdivision. ii. iii. iv. Minor subdivision plat submittals shall meet the requirements of Sections 3 and 4 of these regulations. 26 ..T 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ordinance 0-92-864 page 2 of 3 1 2 ~. by adding to Part D, FINAL APPROVAL OF COMMISSION ACTIONS BY COUNCIL REQUIRED, the following underlined text so that Part D shall read: 3 4 Except for approval of minor subdivisions, all actions of the commission shall be subject to review by the city council. Except for approval of minor subdivisions the city council shall exercise final authority both in the approval of preliminary plans and final plats. In the event of any variance or discrepancy between a preliminary plan or final plat as approved by the commission and the city council the plan or plat approved by the city council shall prevail. 5 6 7 8 Sec. 2. That the Colleyville Code, CHAPTER 9, SUBDIVISIONS, SECTION 2, PROCEDURE FOR APPROVAL OF SUBDIVISIONS is amended as follows: 9 A. By adding the following underlined text to Part A, APPROVAL OF SUBDIVISION REQUIRED, Subparts (5) and (8): (5) After commission approval of sa-ie g final plat which is not a minor subdivision plat. said plat shall be referred to the city council for approval, and the city council shall either approve or disapprove said plat within thirty (30) days of the date of approval by the commission. commission approval of a minor subdivision plat shall be the final city approval reauired. except that the commission may reauire as a condition of commission approval of a minor plat that the city council shall have final approval of that plat. (8) The approval of a final plat by the city council~ or in the case of a minor subdivision plat by the commission, shall constitute authority for the mayor and city secretary to execute said plat, and shall constitute approval for recording in the plat records of the county. ~. by adding the following underlined text to Part D, FINAL PLAT AND COMBINATION PLAT, Subpart 3.b (b) The subdivider may, at his option, elect to combine his preliminary plan and final plat of a subdivision whenever the tract of land is to be resubdivided without change of street locations, or is so situated that the pattern of streets in said tract is predetermined by streets of immediately 26 T 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ordinance 0-92-864 Page 3 of 3 1 2 adj oining record subdivisions, and the proposed development will be of the same use and of comparable intensity as adjacent existing or contemplated development. See section 1.Blllld. reqardinq street extensions in minor subdivisions. 3 4 Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. 5 6 7 8 Sec. 4. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. 9 AND IT IS SO ORDERED, The first reading and public hearing being conducted on the ;6~ day of \ \u.Y1 L , 1992. The secondJreading and public hearing being conducted on the /&-I:f day of u.Y\~ , 1992. The third,J~a;ing and public hearing being conducted on the !3~ day of , 1992. ATTEST: CITY OF COLLEYVILLE 9:::::r!!~ C(aj /1Jt- Ci.ty Secretary Mayor ZV7~AND Ross T. Foster City Attorney LEGALITY: jh/ord/092864 updated OS/27 26