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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 Page - - Page 2 of 2 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.