HomeMy WebLinkAboutOrdinances (O-81-405)-05/22/1981
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ORDINANCE NO. 0-81-405
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AN ORDINANCE AMENDING CHAPTER 9 OF THE COLLEYVILLE CITY CODE BY
PROVIDING FOR FINAL APPROVAL OF ALL PRELIMINARY PLANS AND FINAL
PLATS BY THE CITY COUNCIL; ALLOWING THE CITY COUNCIL TO VARY THE
STRICT PROVISIONS OF CHAPTER 9 AS IT APPLIES TO SUBDIVIDING PROPER Yi
ESTABLISHING CITY COUNCIL PARTICIPATION OF PROPERTY DEVELOPED AS
A UNIT DEVELOPMENT PLAN; MAKING TEXTUAL CHANGES IN CHAPTER 9
NECESSITATED BY THE PROCEDURE OF COUNCIL REVIEW OF PRELIMINARY
PLANS AND FINAL PLATS; ESTABLISHING A PROCEDURES AND TIME LIMITS
FOR APPROVAL OF BOTH PRELIMINARY PLANS AND FINAL PLATS; SETTING
OUT THE EFFECT OF THE APPROVAL OF THE PRELIMINARY PLAN; PROVIDING
FOR THE EXPIRATION OF APPROVAL OF A PRELIMINARY PLAN; ALLOWING
A REDUCTION IN FEES CHARGED UPON THE FILING OF PRELIMINARY PLANS
UNDER CERTAIN CONDITIONS; ESTABLISHING RULES FOR THE PREPARATION
AND SUBMITTAL OF FINAL PLATS; REQUIRING FINAL PLATS TO INCORPORATE
THE CHANGES DIRECTED BY THE CO~1MISSION OR COUNCIL PRIOR TO FILING;
REQUIRING THE FINAL PLAT TO CONFORM TO THE PRELIMINARY PLAN; RE-
QUIRING THE INCORPORATION OF SPECIAL RESTRICTIONS ESTABLISHED BY
THE COMMISSION OR COUNCIL INTO A FINAL PLAT; ALLOWING THE COMMIS-
SION AND CITY COUNCIL TO MODIFY AND VARY THE STRICT TERMS OF THE
SUBDIVISION ORDINANCE WITH REFERENCE TO STREET AND ALLEY CONSTRUC-
TION, LOCATION AND ARRANGEMENT; REQUIRING SUBDIVIDER COMPLIANCE
WITH STREET IMPROVEMENT AND UTILITY CONSTRUCTION POLICIES PRIOR
TO APPROVAL OF A FINAL PLAT; PROVIDING FOR A PENALTY, AUTHORIZING
PUBLICATION. AND DECLARING AN E!<1ERGENCY.
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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 final
approval of plats subdividing property within the City;
and,
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WHEREAS, all requirements with 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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21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
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Sec. 1. THAT Sec. l(D) of Chapter 9 of the Colleyville Code be
amended to read 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
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Ordinance No. 0-81-405
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exercise final authority both 'in the approval of
preliminary plans and final plats. In the event
of any variance or discrepancy between a prelimin-
ary 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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v Sec. 2. THAT the first sentence of Sec. I(E) of Chapter 9 of
the Colleyville Code be amended to read as follows:
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IIWhere 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."
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10 Sec. 3. THAT Sec. I(F) of Chapter 9 of the Colleyville Code be
amended to read as follows:
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IIF.
UNIT DEVELOPMENT PLAN.
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(I) Where it is proposed to develop a unified
residential, commercial, industrial and/or insti-
tutional project, the approving body may vary the
specific requirements of this chapter if there is
a site development plan having provisions for
light and air, vehicular and pedestrian circulation,
and recreational facilities equal to or better
than the detailed requirements of this chapter.
Approval of the unit development plan by the
approving body shall be controlling on the loca-
tion of all buildings shown thereon.
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(2) Approval of the plan shall include approval
of the sequence of development and construction
of phases of the project. It may include such
stipulations or conditions as the approving body
deems necessary in order to accomplish the purposes
of this subsection and to protect the health,
safety and welfare of the community."
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Sec. 4. THAT the first sentence of Sec. I(G) of Chapter 9 of the
Colleyville Code be amended to read as follows:
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"Disapproval of a plat shall be deemed a refusal
by the City to accept the offered dedications
shown thereon."
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Sec. 5. THAT Sec. 2(A) of Chapter 9 of the Colleyville Code be
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Ordinance No. 0-81-405
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amended to read as follows:
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"A. APPROVAL OF SUBDIVISION REQUIRED.
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(I) 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 for 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.
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(2) After approval of a preliminary plan, said
plan shall be submitted to the City Council for
review, and the City Council shall return said
preliminary plan to the Commission within 30 days
of Commission approval with their comments thereon.
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(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 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.
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(4) A final plat of a subdivision, which conforms
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 con-
form to these regulations shall be denied within
30 days of the date of its filing with the Commission.
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(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.
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(6) In the event of disapproval of the final plat
by the Commission, then the subdivider shall have
the right to submit the final plat to the City Counci
by filing written notice of said intention. Upon
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Ordinance No. 0-81-405
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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.
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(7) In the event either the Councilor the
Commission fails to act either 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.
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(8) The approval of a final plat by the City
Council shall constitute authorization for the
Mayor and City Secretary to execute said plat,
and shall constitute approval for recording in
the Plat Records of the County.
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Sec. 6. THAT Sec. 2(C) (4) of Chapter 9 of the Colleyville Code
be amended to read as follows:
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"(4) Effect of Approval.
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When a preliminary plan is found to conform to
these regulations, or may be made to conform by
making certain changes as directed by the Commis-
sion and/or Council, a copy of the preliminary plan
with such changes, if any made thereon, and the
approval thereof either by the Commission or the
City Council, shall be transmitted to the subdivider.
Approval of the preliminary plan as such shall
not constitute final acceptance or approval of the
subdivision."
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Sec. 7. THAT Sec. 2(C) (5) of Chapter 9 of the Colleyville City
Code be amended to read as follows:
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"(5) Expiration of Approval.
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When a preliminary plan has been approved, the
final plat for all or part of the area shall be
submitted within six months thereafter; otherwise
the approval shall terminate and shall be void,
unless prior to the expiration of said approval
the time for filing of the final plat is extended
by the Commission at the written request of the
subdivider. ..
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Sec. 8. THAT Sec. 2(C) (6) of Chapter 9 of the Colleyville Code
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Ordinance No. 0-81-405
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amended to read as follows:
"(6) Modification of Fees.
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When a preliminary plan is disapproved the sub-
divider at any time thereafter may submit a new
design for approval, following the same procedures
as required for the original application. If the
new design for the same area or lesser part thereof
is filed within one year following the prior dis-
approval, the fee shall be one-half of the regular
fee. No resubmittal and no new fee shall be re-
quired when the disapproval of the preliminary
plan is for the purpose of further study or hearing
by the City on related matters such as zoning,
flood control, utility service, or coordination
with other governmental jurisdictions.1I
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11 Sec. 9. THAT Sec. 2(D) (I) of Chapter 9 of the Colleyville Code
be amended to read as follows:
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1I(1) Preparation and Submittal.
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When a preliminary plan has been approved, the
subdivider may prepare his final plat, or portion
thereof, in a form for approval. The final plat
shall be deposited with the Commission, who shall
cause same to be checked and verified as to its
conformance with the approved preliminary plan.
If the final plat is incomplete or does not con-
form, or if necessary physical agreements have
not been submitted for City approval, the final plat
shall not be processed and shall not be accepted for
filing until the deficiencies are corrected.1I
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Sec. 10. THAT Sec. 2(D) (3) (c) of Chapter 9 of the Colleyville Code
be amended to read as follows:
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II(C) Any changes in the preliminary plan directed
by either the Commission or the City Council, unless
accepted by the subdivider and the final plat so
changed, shall prohibit the City Secretary from
recording the final plat. All requirements of
Subsections (C) and (D) hereof shall be satisfied
in the processing of a combined preliminary plan and
final plat, except as hereinafter modified.1I
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Sec. ll. THAT the first sentence of Sec. 4(A) of Chapter 9 of the
Colleyville Code be amended to read as follows:
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Ordinance No. 0-BI-405
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c)
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"The final plat shall conform to the preliminary
plan as approved."
Sec. 12. THAT Sec. 4(A) (2) (f) be amended to read as follows:
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"(f) Any special restrictions required by the
Commission or Council for the protection of public
health or safety or to insure substantial enjoy-
ment of property rights of present and prospective
owners of property within or adjoining the sub-
division."
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Sec. 13. THAT the last sentence of Sec. 5(B) (I) (a) be amended to
read as follows:
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"Where topographical conditions make other treatment
necessary to secure the best overall design,
these standards may be modified by the approving
body. "
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Sec. 14. THAT Sec. 5(B) (3) (a) be amended to read as follows:
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"(a) Horizontal alignment of major streets shall
be as determined in the City plan or general
development plan or as otherwise recommended by
the City's engineer with the concurrence of the
approving body."
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Sec. 15. THAT the last sentence of Sec. 5(B) (3) (g) of Chapter 9
of the Colleyville Code be amended to read as follows:
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"The approving body may submit comparable
cutoffs or cords in place of rounded corners."
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Sec. 16. THAT Sec. 5(C) (3) (a) be amended to read as follows:
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"(a) For lots of more than two hundred feet (200')
deep, sixteen feet (16') wide across the lot at
such location as the approving body may specify."
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Sec. 17. THAT the first sentence of Sec. 6(A) of Chapter 9 of
the Colleyville Code be amended to read as follows:
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"Prior to the approval of the final plat, the sub-
divider shall comply or provide for compliance with
the policies and procedures set forth in this
chapter for construction of street improvements and
utili ties. "
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Ordinance No. 0-81-405
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" Sec. lB. THAT the next to the last sentence of Sec. 6(D) of
Chapter 9 of the Colleyville Code be amended to read
as follows:
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"However, grade variations may be allowed by the
approving body at the time of preliminary plan
approval where soil conditions, topography or
valuable trees would cause undue hardship in
es tablishing grades."
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Sec. 19. 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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11 Sec. 20. THAT the City Secretary is authorized and directed to
cause publication of the descriptive caption and
12 penalty clauses hereof as an alternative method of
publication as provided by law Ji
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Sec. 21. THAT the City Council hereby declares that an emergency
exists with reference to the passage of this ordinance.
This emergency arises out of the effect on the property
values and rights of citizens of the City that will be
occasioned by a subdivision of a substantial portion
of the City. The subdivision of this land without
consideration of its impact upon the City in general
by the City Council will adversely affect the life,
health and property rights of the majority of the
citizens of the City.
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AND IT IS SO ORDERED.
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PASSED AND APPROVED on the
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ATTEST:
day of
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CITY OF COLLEYVILLE
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By:
Buck Hubbard, Mayor
LaVada Johnson
City Secretary
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Ross T. Foster
City Attorney
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CITY OF COLLEYVI LLE
May 22, 1981
Dear Council Members,
Section 3.12 of the City Charter defines what can be passed as an
emergency ordinance. It is the Mayor's opinion that Ordinance
0-81-405 does not meet the intent of this section.
The Planning and Zoning Commission members are well qualified
to perform their duties. The Mayor appointed a Commission to
study Charter changes and ask that they look into changing the
section dealing with final plats. This was not because the
Planning and Zoning members were not doing an outstanding job but
was because there might be a plat submitted that would require the
expenditures of tax funds. The City Council is the only body that
could authorize such expenditures.
As provided for in Section 3.13 of the City Charter, and for the
reasons so stated, I hereby veto Ordinance 0-81-405.
Sincerely,
~Ck9!dt!
Mayor
JRBH/lvj
P. O. BOX 18S COLlEYVILLE, TEXAS 76034 (817) 281-4044
Gentlemen:
City Council, City of Colleyville
J.R. Hubbard, Mayor of Colleyville
This letter will formally protest the legality
of Mayor J. R. Hubbard's veto of Ordinance 0-81-405.
Sec. 3.13 of the Colleyville Charter clearly states
the format and steps involved in mayoral veto:
"Such (ordinances) as he shall not sign,
he shall return to the City Council.with
his written objections attached thereto...
If the mayor shall neglect to approve or
object to any such proceeding for a longer
period than seven (7) days after the
ordinance or resolution is placed in the
Office of the City Secretary as aforesaid,
the same shall become effective immediately
upon publication as required by law.
Mr. Hubbard has not returned 0-81-405 with his
written objections attached, to the City Council
within the seven (7) day period,
The facts are: that Mr. Hubbard notified the City
Secretary of his objections on May 22 and has not,
to this date, legally returned Ordinance 0-81-405 to the
City Council with his, written objections attached thereto.
The Charter states that "Upon the return of any
ordinance or resolution by the Mayor, the vote by
which the ordinance or resolution was passed shall
be reconsidered".
I believe that Sec. 3.13 requires that the Mayor
return the vetoed ordinance to the City Council
within the seven (7) day period so that the City
Council can reconsider the vetoed ordinance.
To do otherwise would vest extraordinary power in
Mayoral veto.
For example, if any Mayor (Colleyville) were to
veto an ordinance by merely objecting to the City
Secretary (which was done in this instance) with
no limitation as to notification to the City Council
for reconsideration, the vetoed ordinance would be
void until someone brought the veto to the City
Council for reconsideration. If no time limit were
imposed, this time of reconsideration would be
arbitrary. Such an interpretation would indeed
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give the Mayor extraordinary powers, especially in
the area of emergency ordinances where time is all
iaportant. In the case of Emergency Ordinance
0-81-405, such an interpretation would effectively
give the Mayor a vew power without !!!Z possibility
of Council override. Certainly, this is not the
intent of the City Charter.
Therefore, I protest the legality of the Mayor's
veto of Ordinance 0-81-405 and request that the
City Attorney and tAe City Council take appropriate
action to void said veto. In addition, I request
that the Planning and Zoning Commission be notified
by the City Staff that Final Plat approval is
vested in the Colleyville City Council.
Please include this letter in communications at the
June 2nd Council Meeting and place this matter on
the Council Agenda prior to consideration of
Ordinance 0-81-405.
S_PfCtful~ {lftt:ed.
hilip J .(l;JllY 1
Council Person,
Place 4