HomeMy WebLinkAboutOrdinances (O-06-1562)-02/07/2006
ORDINANCE 0-06-1562
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTIONS
9.12 AND 9.16 OF THE LAND DEVELOPMENT CODE, REGARDING GENERAL
INFRASTRUCTURE POLICY; REPEALING SECTION 3 OF ORDINANCE 0-01-1314;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, adopting the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain portions
of the Land Development Code regarding General Infrastructure Policy;
and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing; and
WHEREAS, the governing body of the City of Colleyville is of the opinion that said
change in subdivision regulations should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Chapter 9 - Subdivision Design and Public Facilities of the Land
Development Code, as amended, Section 9.12 - General Infrastructure
Policy, of the Land Development Code, is hereby amended to read as
shown:
A. General Requirement - The developer of a subdivision shall install all
water, sewer, street, sidewalk and drainage improvements, and any
other facilities required by this Land Development Code, which are
necessary for the proper development of the subdivision. The design,
construction and inspection of any public facilities shall be a cost to the
developer, unless the City has entered into an agreement for cost
sharing. All such facilities shall be designed and constructed in
accordance with the criteria contained in this Land Development Code
and be in conformance with the general layout of the City of Colleyville
Master Land Use Plan and Capital Improvements Plan. The public
facility requirement of this section shall be applicable to the upgrading
of any existing facilities which do not meet current standards.
B. Apportionment of Infrastructure Costs - As a condition of the approval
of a development, the developer's portion of the costs may not exceed
Ordinance 0-06-1562
Page 2 of 5
the amount required for infrastructure improvements that are roughly
proportionate to the projected impact of the proposed development, as
determined by a professional engineer, licensed in the State of Texas,
and who is retained by the City of Colleyville.
1. In making the rough proportionality determination, consideration
shall be given to the availability of adequate and minimum levels of
public facilities and accessibility to the site for the delivery of
emergency services.
2. The professional engineer making the proportionality determination
may rely on categorical findings from comparable public
improvement projects for establishing a cost basis. The basis used
for determining estimated costs shall be revised annually on July 1
by the Colleyville Engineering Department.
3. A developer who disputes the determination by said professional
engineer may appeal to the City Council and present testimony and
evidence in support of the appeal. The appeal shall be written and
filed with the City Secretary within ten (10) days after the date of
the action taken by the Planning and Zoning Commission on the
development proposal. The developer shall not be required to
waive the right to appeal as a condition of approval for a
development project.
C. Optional Escrow Provision - Where, in the opinion of the City,
construction of a required public improvement should be deferred to a
future date, the developer shall place in escrow with the City, an
amount equal to the estimated cost of the improvements, as
determined by the City Engineer. The Planning and Zoning
Commission or City Council may consider an alternate arrangement
when appropriate.
D. City Participation in Over Sizinq - Where over sizing of a public
improvement is required by the Comprehensive Master Plan,
Thoroughfare Plan, Water or Sewer Capital Improvements Plan or
other planning document adopted by the City, City participation shall
be in accordance with the provisions of any applicable Impact Fee
Ordinance or City-Developer Agreement, which has been approved by
the City Council.
E. Public Easements - All public improvements shall be constructed
within easements or rights-of-way that have been dedicated for public
use. The width of an easement or right-of-way shall be in accordance
with the specifications contained elsewhere in this Land Development
Code.
Sec. 2.
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THAT Chapter 9 - Subdivision Design and Public Facilities of the Land
Development Code, as amended, Section 9.16.8 - Improvements to
Existing Unimproved Streets and Utilities is hereby amended to read as
follows:
B Improvements to Existinq Unimproved Streets and Utilities - This
section is applicable to a proposed development situated adjacent to
an existing street or municipal utility that does not meet the current
standards contained in this Land Development Code.
1. Improvements Required - If a proposed subdivision is situated
adjacent to an existing street or municipal utility, which does not
meet the standards contained in this Land Development Code, the
developer shall bear the cost for constructing the infrastructure
improvements required by this Land Development Code in
accordance with the General Infrastructure Policy contained
elsewhere in this Land Development Code.
For the purpose of this regulation, the calculation used for
estimating the reconstruction costs for an unimproved street shall
include all street paving, curb and gutter, sidewalks, hike and bike
trails, water and sewer utilities, and drainage improvements. The
improvements shall be sized in accordance with the most recently
approved Master Thoroughfare Plan or Capital Improvements Plan,
whichever is applicable.
2. Escrow - The Administrative Official may recommend approval of a
subdivision plat to the Approving Body conditioned upon the
deposit in escrow of the estimated costs of the adjacent
unimproved street and utility improvements in-lieu of the actual
construction of said facilities. Any escrow, without interest, shall be
applied against any assessment for improvements levied on such
property, but shall not be deemed to release such property from
liability for any future costs assessed which exceed the escrow.
3. One and Two Lot Residential Subdivisions - If a proposed
residential subdivision contains only one or two lots and the
developer does not own any contiguous property, in lieu of actual
construction, the developer shall pay the applicable perimeter
street costs in accordance with the General Infrastructure Policy
contained elsewhere in this Land Development Code for the initial
one hundred feet of street frontage. The applicable perimeter
street costs shall be reduced 0.2% per linear foot of frontage in
excess of one hundred feet, not to exceed fifty percent of the
applicable additional street frontage.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
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Exemption: A lot platted under this Section that contains an
existing single-family dwelling at the time a subdivision plat
application is filed with the City and the lot is situated within a
zoning district that allows single-family residential uses, said lot
shall have an automatic exemption from the perimeter street costs,
provided that existing perimeter street facilities are sufficient to
assure the safe, effective and orderly movement of traffic in and
about the subdivision and utility services are adequate to serve the
development. The following notation shall be placed on the plat:
'~ny future divisions of these lots will require full compliance with
the unimproved street requirements applicable at the time of any
subsequent replatting. "
THAT Section 3 of Ordinance 0-01-1314 is hereby repealed.
THAT Ordinance 0-00-1214 adopting the Land Development Code of the
City of Colleyville, as amended, shall remain in effect, except where
amended by this ordinance.
THAT any person, firm or corporation violating any of the provisions of this
ordinance as read together with the Land Development Code of the City
of Colleyville shall be guilty of a misdemeanor and upon conviction thereof
shall be fined 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.
THAT any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall
not affect the validity of this ordinance as a whole or any portion thereof
other than that portion so decided to be invalid or unconstitutional.
THAT addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
THAT this ordinance shall take effect immediately from and after its
passage.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
reading and public hearing being conducted on the
2006.
/7'Wi day of
The second reading and
&..VULJJAJ_2006.
ATTEST:
f1yd,G
Cynthia Singleton, TRM
City Secretary
Ordinance 0-06-1562
Page 5 of 5
public hearing being conducted on the 1~ day of
.~ C:b~E.
David Kelly 0
Mayor
APPROVED AS TO FORM AND LEGALITY:
~ lJ). ~
Matthew C. G. Boyle
City Attorney