HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2004)-01/17/2017 ORDINANCE 0-17-2004
AMENDING CHAPTER 8-PLAT REVIEW PROCEDURES, SECTION 8-130
- APPROVAL AUTHORITY OVER SUBDIVISION PLATS OF THE LAND
DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; 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 of Colleyville desires to amend Section 8-130 of the
Land Development Code to require City Council approval of
combination plats, preliminary plats, final plats, and replats;
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 8- Plat Review Procedures, Section 8-130 of the
Land Development Code, is hereby amended to read as depicted
in the attached Exhibit "A".
Sec. 2. 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.
Sec. 3. THAT if 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.
Ordinance 0-17-2004
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Sec. 4. THAT in 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.
Sec. 5. THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 6. THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of
January 2017.
The second reading and public hearing being conducted on the 17th day of
January 2017.
PASSED AND APPROVED BY A VOTE OF AYES, / NAYS, AND 0
ABSTENTIONS ON THIS THE 17TH DAY OF JANUARY 2017.
Mayor Richard Newton 1.i .Mayor Pro Tem Chris Putnam A+/.a—
Place 1, Tammy Nakamura Ate Place 5, Nancy Coplen
Place 2, Bobby Lindamood Pty. Place 6, Mike Taylor
Place 4, Jody Short Nati
__ ATTEST: CITY OF COLLEYVILLE
_ b 14 ,
Amhelley, 'MC Richard Newton
--- City Secretary Mayor
%Wyatt
SAS.'1`O FORM AND LEGALITY:
yorney
Exhibit "A"
Section 8— 130 Approval Authority Over Subdivision Plats
A. Approval of Plats Required —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
•
Combination Preliminary/Final Plat noyes •
•
•
yes
Preliminary Plats i no yes • yes
Final Plats ? no yes yes
Minor Plats yes
no*
no*
Replat no yes yes
Amending Plats yes no* no*
* The Planning and Zoning Commission and City Council shall have the authority to
approve a Minor Plat and an Amending Plat which has not been approved by City Staff.
B. Preliminary, Final or Combination Preliminary/Final Plat Approval by the Planning and Zoning
Commission and City Council—The Planning and Zoning Commission shall approve or disapprove a
Preliminary, Final or Combination Preliminary/Final Plat. In addition to the requirement of approval by
the Planning and Zoning Commission, the City Council shall also be required to approve these 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.
C. Replat Approval by the Planning and Zoning Commission and City Council — The Planning and
Zoning Commission shall approve or disapprove a Replat. In addition to the requirement of approval
by the Planning and Zoning Commission, the City Council shall also be required to approve replats. 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.
D. Minor Plat Approval by Staff—The Community Development Director shall be authorized to approve
a Minor Plat, as defined by this Land Development Code provided said plat conforms to the
requirements and specifications of this Land Development Code, without the additional approval of
the Planning and Zoning Commission and City Council. If the application includes a request for a
waiver or modification of a platting regulation, the Planning and Zoning Commission shall approve or
disapprove the request. In addition to the requirement of approval by the Planning and Zoning
Commission, the City Council shall also be required to approve the request. 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 Community Development Director
may not disapprove a Minor Plat, but shall refer any Minor Plat which he/she refuses to approve to
the Planning and Zoning Commission within thirty (30) days after the date the plat is filed.
E. Amending Plat Approval by Staff — The Community Development Director 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 Planning and Zoning Commission shall
approve or disapprove the request. In addition to the requirement of approval by the Planning and
Zoning Commission, the City Council shall also be required to approve the request. 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 Community Development Director
may not disapprove an Amending Plat, but shall refer any Amending Plat which he/she refuses to
approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed.