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HomeMy WebLinkAboutOrdinances (O-81-407)-06/02/1981 10 11 12 VOL PAGE f\T__I ~~/'~911 !)/ I I JI,&61' . '1' jP-- , 1 2 3 ORDINANCE NO. 0-81-407 4 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 ; 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 ~INAL 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 COMMISSION 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 MODIF'Y 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. 5 6 7 8 9 13 14 15 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, 16 17 WHEREAS, all requirements with reference to publication and public hearing have been complied with in regard to giving the Council final platting authority; and, 18 19 WHEREAS, the City Council is of the opinion that it is in the bes interest of the citizens of the City of Colleyville that the City Council assume final authority over the plattin and subdividing of land within the City; NOW, THEREFORE, 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 'OF COLLEYVILLE, TEXAS: 22 Sec. 1. THAT Sec. l(D) of Chapter 9 of the colleyville Code be amended to read as follows: 21 23 "0. FINAL APPROVAL BY COUNCIL. 24 All actions of the Commission shall be subject to review by the City Council. The City Council shall 25 26 21 ,22 23 24 25 Ordinance No. 0-81-407 Page 2 VOL PAGE 1 2 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. 6 Sec. 2. THAT the first sentence of Sec. I(E) of Chapter 9 of the Colleyville Code be amended to read as .follows: '3 4 ' 5 7 8 "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." 9 10 Sec. 3. THAT Sec. I{F) of Chapter 9 of the Colleyville Code be amended to read as follows.: 11 "F. UNIT DEVELOPMENT PLAN. 12 (I) Where it is proposed to develop a Unified residential, commercial, industriai and/or insti- tutional project, the approvinq 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 e'ontrolling on the loca- tion of all bui.ldings shown thereon. 13 14 15 16 17 (2) Approval of the plan shall include approval of the sequence of development and construction of phases of the p'X'Qject. It itlay include such stipulations or conditions as the' approving body deems necessary in order to accGmplish t~e purposes of this subsection and to protect the health, safety and welfare of the community." 18 19 20 Sec. 4. THAT the first sentence of Sec. I(G) of Chapter 9 of the Colleyville Code be amended to read as follows: "Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedicati6ns shown thereon." Sec. 5. tHAT Sec. 2(A) of Chapter 9 of the COlleyville Code be 26 1 2 3 10 Ordinance No. 0-81-401 Page 3 VOL PAGE amended to read as follows: 4 "A. APPROVAL OF SUBDIVISION REQUIRED. 5 (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 for record, or sell any part of said subdivision or proceed with apy 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. 6 7 8 9 (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. 11 12 (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. 13 14 15 16 (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 ComDdssion (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. 17 18 19 20 21 22 . 23 (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 24 25 26 Ordinance No. 0-81-407 Page 4 VOL PAGE ;' :s 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. 4 5 (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. (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. 6 7 ~ ".. 8 9 10 11 Sec. 6. THAT Sec. 2(C) (4) of Chapter 9 of the Col1eyville Code be amended to read as follows: 12 "(4) Effect of Approval. 13 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 andlor 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. " 14 15 16 17 Sec. 7. THAT Sec. 2(C) (5) of Chapter 9 of the Colleyville City Code be amended to read as follows: 18 19 "(5) Expiration of Approval~ 20 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. .. 21 22 23 THAT Sec. 2(C) (6) of Chapter 9 of the Colleyville Code Sec. 8. 24 .-i:: I d ~:.\ i; '1 10 Ordinance No. 0-81-401 Page 5 VOL PAGE .'. <I amended to read as follows: "(6) Modification of Fees. 5 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." 6 7 8 9 11 Sec. 9. THAT Sec. 2(0) (1) of Chapter 9 of the ColleyvilleCode be amended to read as follows: 12 13 14 "(I) Preparation and Submittal. 15 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." 16 17 18 Sec. 10. THAT Sec. 2(0) (3) (c) of Chapter 9 of the Colleyville Code be amended to read as follows: 19 II (c) Any changes in the preliminary plan d-irected by either the Commission or the City Council, unless accepted by the subdivider ~nd the final plat so changed, shall prohibit the City Secretary from recording the final plat. All requirements of Subsections (Cl and (D) hereof shall. be satisfied in the processing of a comb'ined preliminary plan and final plat, except as hereinafter modified." 20 21 2~ 23 Sec. 11. THAT the first sentence of Sec. 4(A) of Chapter 9 of the Colleyville Code be amended to read as follows: 24 'J" ~ .J 26 ' VOL PAGE Ordinance No. 0-81-407 Page 6 3 -1 liThe final plat shall conform to the preliminary plan as approved." 5 Sec. 12. THAT Sec. 4(A) (2) (f) be amended to read as follows: 6 7 8 I' (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." Sec. 13. THAT the last sentence 'of Sec. 5(B) (1) (a) be amended to read as follows: 9 10 11 "Where topographical conditions make other treatment necessary to secure the best overall design, these standards may be modified by the approving body. II 12 Sec. 14. THAT Sec. S(B) (3) (a) be amended to read as follows: 13 14 15 II (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." 16 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: 17 "The approving body may submit comparable cutoffs or cords in place of rounded corners. II 18 Sec. 16. THAT Sec. S(C) (3) (a) be amended to read as follows: 19 20 ec. 17. 21 22 23 24 -.I:: ! ~6 II (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." THAT the _first sentence of Sec. 6(A) of Chapter 9 of the Colleyville Code be amended to read as follows: "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. " :e. ~.. . , :. ~ : .J ~ Ordinance No. O-BI-407 Page 7 VOL PAGE 1 2 3 Sec. 18. THAT the next to the last sentence of Sec. 6(D) of Chapter 9 of the Colleyville Code be amended to read as follows: 4 " (D) 5 6 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 establishing grades." 7 8 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. 9 10 11 12 Sec. 20. 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. 13 14 sort! first reading and public hearing being conducted on the ~~ of May , 19 81 . Iril second reading and public hearing being conducted on the ~ of ~ m.41-:. ' 19J1L. -~( third reading and public hearing being conducted on the _~ of June , 19 81 . AND IT IS SO ORDERED. 15 The day The day The day 16 17 ATTEST: CITY OF COLLEYVILLE 18 19 By: Buck Hubbard, Mayor 20 21 legality: /\pl1roved according to Section 3:13 of the City Charter: "If the ~~ayor shall neglect to approve or object to any such proceedings for a longer period than seven (7) days after the ordinance of resolution is placed in the Office of the City Secretary as aforesaid, the same shall become effective immediately upon publication as required by law. 22 23 24 25 26 CITY OF COLLEYVI LIE June 8, 1981 Dear Council Members: The Mayor is neither signing nor vetoing Ordinance 0-81-407. I suggest the Council familiarize themselves with this ordinance, There can be some problems with it, as it is now written, The Mayor believes the desires, of the Council, was to have final acceptance of plats, As this ordinance is written, it could be very time consuming and not accomplish what the Council desires. Sincerely, ~l J.R, "Buck" Hubbard Mayor JRBH/lvj P. O. BOX 185 COUfVVIUE, TEXAS 76034 (817) 281-4044