HomeMy WebLinkAboutOrdinances (O-06-1566)-02/21/2006
ORDINANCE 0-06-1566
N ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
, PLAT REVIEW PROCEDURES, OF THE LAND DEVELOPMENT CODE,
ROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION.
the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, adopting the Land Development Code; and
the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to amend certain
portions of the Land Development Code regarding detention/retention
pond regulations; 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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
THAT Chapter 8 - Plat Review Procedures, of the Land Development
Code, is hereby amended in its entirety to read as shown in the attached
as Exhibit "A",
THAT Ordinance 0-00-1214, 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 or
terms of this ordinance shall be subject to the same penalty as provided
for in the Comprehensive Zoning Ordinance of the City of Colleyville, and
upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense.
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
Ordinance 0-06-1566
Page 2 of 2
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1 h( day of
f:bw~ 2006.
The second reading and public hearing being conducted on the 02/ S./- day of
/:h1L1~2006.
ATTEST: CITY OF COLLEYVILLE
~U2- I
'th~ Singleton. T ~:~
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
~ (j'). ~'r
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"
land Develooment Code
Cltv of Collevville. Texas
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.
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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. Plattina Exemotion for Certain Accessorv Buildinas - A building permit for an accessory structure may be
issued on an un-platted lot in the Agricultural District.
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, acceptable to the
City, has been made by the developer for such public facilities.
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Section 8 - 130 Approval Authority Over Subdivision Plats
A. Aooroval of Plats Reauired - 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:
Approving Body Responsible for Approving Plats
Classification of Plat Staff P&Z Council
Preliminary Plats no yes yes
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 Aooroval bv Plannina 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. The Planning and Zoning Commission may require the additional approval of any
Minor Plat or waiver request by the City Council.
C. Amendina Plat Aooroval 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.
D. Aooeal Procedure - A subdivision plat that has been denied may be appealed to the City Council for
consideration at the next available public meeting.
Section 8 - 135 Procedure for Approval of Subdivisions
A. Time Period for Takina 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
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the Planning and Zoning Commission, provided said request is submitted in writing.
B. Additional Time Period for City Council Aooroval- 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 Comoliance - 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 Sian 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 approving body 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. Comoleteness Determination - Every subdivision plat application shall be subject to a determination of
completeness by the Administrative Official as provided for in this Section.
1. No later than the tenth business day from the date the application is received, the Administrative
Official shall make a written determination that all documents required by the Land Development
Code for a subdivision plat submittal have been received.
2. The applicant shall be provided written notice of any deficient documents no later than ten (10)
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. For purposes of this
Section, the applicant shall be deemed to have been notified if the City has mailed a copy of the
determination as provided herein.
3. 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,
4. A determination of completeness by the Administrative Official shall not constitute a determination of
compliance with the substantive requirements of the Land Development Code.
G. Exoiration of Aoolication - 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 shall retain any fee paid for reviewing the original application for
completeness.
H. Incomoleteness 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 items, studies
and documents have been submitted to and received by the City, unless the applicant has provided a
written request for a waiver or modification of said requirement. An incomplete subdivision application
shall be grounds for denial or revocation of the application. No vesting right shall accrue from the filing of
an application that has expired pursuant to this Section, or from the filing of a complete application that is
subsequently denied.
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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. Develooment 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.
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. Comoliance with Zonina - 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 public improvements 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 Director of Public Works 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 shall 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 Thorouahfare 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 Svstem - 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 Manaaement - The Director of Public Works 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.
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O. Records 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 approving body shall 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.
Q. Nuisance Ordinances and Outstandina 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 body that
has an outstanding delinquent lien payable to the City of Colleyville.
R. Frontaae on Public Access Reauired - 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 Straddlina or Adiacent to Municioal 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 shall require written approval from the
adjacent city.
T. Official City Mao - 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 Chaoter - 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
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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. Plattina all Land in Common Ownershio - 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. 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
Preliminary Plat prior to further final platting of property.
D. Effect of Aooroval- 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 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 nor shall the approval
of the Preliminary Plat confer any vesting rights in the arrangement of lots, streets and other features on
the Final Plat. Approval of the Preliminary Plat shall constitute authority to proceed with the Final Plat
process as described in this Chapter.
E. Exoiration of Aooroval- 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 Preliminary 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 Section 8 - 165
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 the drainage analysis requirements contained in Chapter 14 -
Engineering Design Standards of this Land Development Code.
4. Preliminary Utility Plan - The subdivider shall submit preliminary construction 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 no public utility improvements are 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.
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6. Nuisance Compliance Certification - The Code Enforcement Officer shall provide certification
indicating the status of the property regarding public nuisances and outstanding liens payable to the
City of Colleyville.
7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
H. Gradina Site Prior to Final Aooroval - 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.
1. Minor Plats: A Minor Plat submittal shall 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 shall 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 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
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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 paragraphs (2) & (3) is not required for approval of a replat or a portion of a prior
plat if the area to be re-platted 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.
B. Final Plat Prereauisites - 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.
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 - 165
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 and outstanding liens payable to the
City of Colleyville.
7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to
the Administrative Official.
Section 8 - 150 Amending Plats
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.
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City of Collevville. Texas
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;
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.
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land Develooment Code
City of Collevville. Texas
C. Amendina 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 - 165
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 Official Plat Recording
A. Reauired Filina Documents - No subdivision plat shall be filed of record with the Tarrant County Clerk's
Office unless the following are complete:
1. The plat has been drawn on mylar reproducible film or other permanent material, contains all required
signatures, including the signature of the Planning and Zoning Commission Chairman, andlor the
Mayor, or City staff, as applicable; and
2. All applicable fees have been received.
B. Construction Prior to Official Filina - No construction of public improvements shall be allowed and no
permits for building construction shall be approved until the subdivision plat has been filed of record with
the Tarrant County Clerk's Office.
C. Maximum Aooroval Period - The approval of a subdivision plat shall expire one-hundred and eighty (180)
days from the date of approval by the approving body, unless the subdivision plat has been filed of record
with as provided in this Section.
D. Re-aooroval Reauired - No subdivision plat shall be filed of record with the Tarrant County Clerk's Office
where the approval time period has expired, unless the approving body has approved a re-submittal of
the plat application and payment of plat application fee.
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City of Collevville. Texas
Section 8 - 160 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 - 165 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.
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 survey, subdivision
corner, or the Texas Coordinate System of 1983, North Central Zone. 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.
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
Chapter 8 - Plat Review Procedures
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Land Develooment Code
City of Collevville. Texas
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 general location of the city limit boundaries of the City of Colleyville and any
adjacent city shall be shown on the plat and referenced per city maps, only.
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 shall 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
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Chapter 8 - Plat Review Procedures
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land Develooment Code
City of Collevville. Texas
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.
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
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land Develooment Code
City of Collevville. Texas
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. Further, this survey conforms to the general
rules of procedures and practices of the most current Professional Land Surveying Practices Act.
Signature
Date
(Affix Seal)
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:
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land Develooment Code
City of Collevville. Texas
Section 8 - 170 Easement and Right-of-Way Encroachments
(Ord. 0-01-1280/08/08/01)
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.
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 - 175 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
0-00-1261 12/19/00 Incomolete Submittals / DRC Review
0-01-1280 08/08/01 Easement & riaht-of-wav encroachments
0-06-1566 02/21/06 Comorehensive Chapter Revisions
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