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HomeMy WebLinkAboutOrdinances (O-88-689)-09/20/1988 10 11 12 13 14 15 16 1 ~e?;1tP ~. ~ 11'~rp', ~. J1J 2 ORDINANCE NO. 0-88-689 3 4 AN ORDINANCE AMENDING PART I OF SECTION 6 OF CHAPTER 9 OF THE COLLEYVILLE CODE BY RESTRUCTURING THE FORM OF SAID PROVISION, REPEALING THE REQUIREMENT OF ESCROW DEPOSITS FOR ONE LOT RESIDENTIAL SUBDIVISIONS, PROVIDING FOR THE REFUND OF COLLECTED ESCROW ON ONE LOT RESIDENTIAL SUBDIVISIONS, ADDING REQUIREMENTS FOR STORM DRAINAGE FACILITIES, AND PROVIDING SEVERABILITY CLAUSE. 5 6 7 8 WHEREAS, the Council deems a reorganization of the prov~slons of Part I of Section 6 of Chapter 9 of the Colleyville Code will clarify the Council's intention, and 9 WHEREAS, the City has been collecting escrow deposits for one lot residential sUbdivisions, and WHEREAS, the city has determined it is unlikely that any curbs or gutters, for which escrow deposits have been collected on one lot residential subdivisions or which will be collected in the future, will ever be constructed, and WHEREAS, the Council deems it is in the best interest of the City to remove the requirement of escrow for one lot residential subdivisions and to refund previously paid escrow on one lot residential subdivisions to the current owner of said one lot sUbdivision, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF COLLEYVILLE, TEXAS: 18 19 20 21 22 23 24 25 26 Sec. 1: That Part I of Section 6 of Chapter 9 of the Colleyville Code be amended to read as follows: I'I . IMPROVEMENTS TO PERIMETER STREETS AND UTILITIES (1) Required Improvements (a) General Requirement If a subdivision is adjacent to a street or storm drainage facility not meeting current City standards and 1 2 3 4 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o -tg - (,!? 1 5 7 8 9 specifications, such street or storm drainage facility shall be reconstructed to current City standards at the Developer's sole expense. (2) One Lot Residential Subdivision Exception If a subdivision consists of only one lot, is to be used for residential purposes only and the Developer does not own any contiguous unplatted property, no improvement of streets or storm drainage facilities shall be required. However, no building permit or certificate of occupancy shall be issued on said lot other than for residential purposes unless the applicant complies with the General Requirement for improvements set out in Part (1) (a) hereof or obtains a waiver as is hereinafter set out. (3) Waiver (a) Construction The Developer may apply to the City Council for a waiver of the General Requirement set out in Part (1) (a) hereof. No waiver shall be granted by the City Council unless the City Council finds that the current perimeter street and storm drainage facilities or the proposed improvements to the perimeter street and storm drainage facilities by the Developer result in the following: (i) A width, alignment, type and nature of pavement surface which is sufficient to assure the safe, effective and orderly movement of traffic in and about the subdivision. This width shall be limited to one-half of the street section according to the engineering standards established by the City if the safe, effective and orderly movement of traffic in and about the subdivision is insured. (ii) A perimeter street, or a portion thereof, and storm drainage facilities consistent with the City's Master Plan. In order to secure the aforesaid waiver, the Developer may propose construction, reconstruction, alteration, realignment, or other modifications to the perimeter street and 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 () ~ft - fRfr 1 2 3 4 5 6 7 8 9 Sec. 2: Sec. 3: storm drainage facilities and the City Council shall condition the aforesaid waiver upon the completion of the improvements proposed by the Developer and considered by the Council in making the above required fact findings. (b) Escrow The City council may grant a waiver to the Developer of the General Requirement set out in Part (1) (a) hereof, conditioned upon the deposit in escrow of one- half of the cost of construction of the perimeter street and storm drainage facilities at a time designated by the City Council. 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 costs assessed which exceed the escrow. (4) Plans Required Where the Developer is required to construct improvements pursuant to the provisions hereof or where the Developer seeks a waiver of said required improvements from the City Council, preliminary plans for the improvements shall be submitted to the Planning and Zoning commission for study and approval. Whether the Developer is required to install the entire street section or receives a waiver allowing either partial construction or escrow, the Developer shall file detailed construction plans of the complete street section with the submission of the final plat in the same number of copies as required for the final subdivision plat. Failure to submit said complete street section plans may result in denial of the plat." The City staff is hereby directed to determine and identify the lots on which the City maintains an escrow for one-half of the cost of curbs and gutters collected pursuant to the terms of Part I, Section 6, of Chapter 9 of the Colleyville Code and to pay said sums to the current owner of the lot on which the escrow is maintained. If any provision, section, sentence or clause or 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 f) -g t - & ! r 1 2 3 phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this ordinance or its application to other person or sets of circumstances shall not be affected thereby, it being the intent of the City council of the City of co11eyvi11e in adopting this ordinance that no portion hereof nor provision or regulation contained herein become inoperative or fail by reason of any unconstitutionality or invalidity or any other portion or regulation. 4 5 6 7 8 9 AND IT IS SO ORDERED. The f~t reading and~~~1~:_~aring being conducted on the II; I day of ~ ' 1988. Th~ itcond readi,nw.. a~ pulj~ic hearing being conducted on the ~ I day of ~ ' 1988. The t~d reading ~~ ~u~ic~~~ring being conducted on the cJo I day of ~ ' 1988. CITY OF COLLEYVILLE /I/"J )~ l~~ Mayor 4