HomeMy WebLinkAboutOrdinances (O-86-619)-09/15/1986
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ORDINANCE NO. 0-86-619
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AN ORDINANCE AMENDING CHAPTER 9 OF THE COLLEYVILLE CITY CODE
PROVIDING FOR THE FINAL APPROVAL OF ALL PRELIMINARY PLANS AND
FINAL PLATS BY THE CITY COUNCIL; MAKING TEXTURAL CHANGES IN
CHAPTER 9 NECESSITATED BY THE PROCEDURE OF COUNCIL REVIEW OF
PRELIMINARY PLANS AND FINAL PLATS; ESTABLISHING PROCEDURES AND
TIME LIMITS FOR THE APPROVAL OF BOTH PRELIMINARY PLANS AND FINAL
PLATS; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION.
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WHEREAS, the Council has the authority under V.A.T.S. Article
974a to provide that the City Council shall have the
final approval of plats subdividing property within the
City; and
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WHEREAS, all requirements in reference to publication and public
hearing have been complied with in regard to giving the
Council final platting authority; and
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WHEREAS, the City Council is of the opinion that it is in the
best interest of the citizens of the City of
Colleyville that the City Council assume final
authority over the platting and subdividing of land
within the City; NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
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Sec. 1. THAT Sec. 1 (D) of Chapter 9 of the Colleyville Code be
amended as follows:
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"D. FINAL APPROVAL BY COUNCIL.
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All actions of the Commission shall be subject to
review by the City Council. The City Council shall
exercise final authority both in the approval of
preliminary plans and final plats. In the event of any
variance or discrepancy between a preliminary plan or
final plat as approved by the Commission and the City
Council the plan or plat approved by the City Council
shall prevail.
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Sec. 2.
THAT Sec. I (E) of Chapter 9 of the Colleyville Code be
amended to read as follows:
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"Where the literal enforcement of a provision of this
Chapter creates an unnecessary hardship in the
subdividing of a tract of land, the approving body
shall have the authority to grant a variance from such
provision. In no case, however, shall the approving
body grant a variance unless it finds that each of the
following conditions is satisfied:
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Ordinance 0-86-619
(I) That the modified proposal would conform to the
City Plan; and
(2) That the literal enforcement of a provision would
render the subdivision of the tract of land
impractical; and
(3) That the literal enforcement of a provision will
result in the confiscation of property; and
(4) That the granting of a variance will not have the
effect of preventing the orderly subdivision of
other land in the area in accordance wi th the
provisions of this chapter.
THAT Section 2(A) of Chapter 9 of the Colleyville Code
be amended to read as follows:
"A. APPROVAL OF SUBDIVISION REQUIRED.
(1) Until a preliminary plan of a subdivision
shall have been approved in accordance with this
chapter, no person shall subdivide or shall submit
a final plat thereof, or shall file a record of
survey, or map or plat record, or sell any part
of said subdivision or proceed with any grading,
construction, or other work on same. The
Commission shall approve or disapprove any
preliminary plan within 30 days from the date it
is filed.
(2) After approval of the preliminary plan, said
plan shall be submi tted to the Ci ty Council for
review, and the City Council shall return said
preliminary plan to the Commission within 30 days
of the Commission approval with their comments
thereon.
(3) In the event of disapproval of the
preliminary plan by the Commission, the subdivider
shall have the right to submit the plan to the
City Council by the filing of a written notice of
said intention with the Commission. Upon the
filing of said written notice, the City Council
shall review the preliminary plan and either
approve or disapprove same within 30 days of the
filing of the written notice of submittal.
(4) A final plat of a subdivision, which conforms
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Ordinance 0-86-619
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to these regulations and to all conditions affixed
to the Commission's or City Council's approval of
the preliminary plan, shall be approved by the
Commission within 30 days of the date of its
filing with the Commission. Any plat which does
not conform with these regulations shall be denied
within 30 days of the date of its filing with the
commission.
(5) After Commission approval of said final plat,
said plat shall be referred to the City Council
for approval, and the City Council shall either
approve or disapprove said plat within 30 days of
the date of approval by the Commission.
(6) In the event of disapproval of the final plat
by the Commission, the subdivider shall have the
right to submit the final plat to the Ci ty Council
by filing written notice of said intention. Upon
the filing of said written notice, the City
Council shall consider said final plat and shall
either approve or disapprove same within 30 days
from the filing of the written notice of
submittal.
(7) In the event either the Councilor the
Commission fails to act on a preliminary plan or a
final plat within the above specified time
periods, said preliminary plan and/or final plat
shall be automatically deemed denied.
(8) The approval of a final plat by the City
Council shall constitute authority for the Mayor
and City Secretary to execute said plat, and shall
constitute approval for recording in the plat
records of the County.
THAT Section 5 (A) (2 )(d) of the Colleyville Code be
amended to read as follows:
"Where a subdivision abuts or contains an existing
or proposed major street, the approving body may
require frontage streets to separate through and
local traffic, or reverse frontage with screen
planting contained in a nonaccess reservation
along the rear property line, deep lots with rear
service alleys, or equivalent treatment as may be
necessary for adequate protection of residential
properties.
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Ordinance 0-86-619
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Sec. 5.
THAT any person, firm or corporation violating any
provision of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof, shall be
fined in a sum not to exceed Two Hundred Dollars
($200.00): each and every day such violation continues
shall constitute a separate offense and is punishable
as such.
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THAT the City Secretary is authorized and directed to
cause publication of the descriptive caption and
penalty clauses hereof as an alternative method of
publication as provided by law.
S AND IT IS SO ORDAINED.
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Sec. 6.
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being conducted on the
, 1986.
The f~rst roe fading and/fublic~aring
J5?1Vday ~
The~econd reading ap~_~~~~~~~a~ing
Ol"'y day of ~
T~hird reading~~ ~~bl~c hearing
I day of ~lJ+Jr.J
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being conducted on the
, 1986.
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being conducted on the
, 1986.
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CITY OF COLLEYVILLE
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By:
J. R. Hubbard, Mayor
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ATTEST:
Section 3.14 of City Charter: If the Mayor s
neglect to approve or object to any such proc
ings for a longer period than seven [7] days a
ordinance or resolution is placed in the Of
of the City Secretary as aforesaid. the same sail
become effective immediately upon publicatio as
required by law.
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Effective: September 28. 1986
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Approved as to Form and Legality:
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