HomeMy WebLinkAboutOrdinances (O-01-1314)-12/18/2001
ORDINANCE 0-01-1314
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 9 - SUBDIVISION DESIGN AND PUBLIC FACILITIES, OF THE
LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING
REQUIREMENTS FOR IMPROVEMENTS TO EXISTING UNIMPROVED
STREETS; AND AMENDING SECTION 2-26 OF THE CODE OF ORDINANCES
OF THE CITY OF COLLEYVILLE, TEXAS, TO ESTABLISH A PERIMETER
STREET CHARGE ON A PER FRONT FOOT BASIS; PROVIDING A PENALTY
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING
PUBLICATION.
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-
1214 on April 18, 2000, to adopt the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
portions of the Land Development Code; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
was published in a newspaper of general circulation in Colleyville at
least 15 days before such hearing; 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; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its report and recommendation to the City Council for
consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec 1 . THAT Chapter 9 - Subdivision Design and Public Facilities of the Land
Development Code, as amended, Section 9. 16.8 - Improvements to
Existing Unimproved Streets and Utilities is hereby amended to read
as follows:
Sec. 9.16.B Improvements to Existing Unimproved Streets and
Utilities
1. Applicability - This section is only applicable to existing unimproved
streets and utilities adjacent to a proposed development.
2. Improvements Required - If a proposed subdivision is adjacent to
an existing street or municipal utility which does not meet the
standards contained in this Land Development Code, the developer
Ordinance 0-01-1314
Page 2 of 4
shall bear the cost for constructing all of the street or utility
improvements which directly abut the area being subdivided or
otherwise developed.
For the purpose of this regulation, unimproved street improvements
shall include all street paving, curb and gutter, sidewalks, hike and
bike trails, water and sewer utilities, and drainage improvements for
that half of such unimproved street adjacent to the development.
The improvements shall be sized in accordance with the most
recently approved Thoroughfare Plan or Capital Improvements
Plan, whichever is applicable.
3. Escrow - The Administrative Official may recommend approval of a
subdivision plat to the Approving Body conditioned upon the
deposit in escrow of the estimated costs of the adjacent
unimproved street and utility improvements in-lieu of the actual
construction of said facilities. 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 future costs assessed which exceed the escrow.
4. One and Two Lot Residential Subdivisions - If a proposed
residential subdivision contains only one or two lots and the
developer does not own any contiguous property, in lieu of actual
construction, the developer shall pay the applicable perimeter street
charge established by the City Council for the initial one hundred
feet of street frontage. The applicable perimeter street charge shall
be reduced 0.2% per linear foot of frontage in excess of one
hundred feet, not to exceed fifty percent of the applicable additional
street frontage.
Exemption: A lot platted under this Section that contains an
existing single-family dwelling and is situated within a zoning
district that allows single-family residential uses shall have
an automatic exemption from the perimeter street charge,
provided that existing perimeter street facilities are sufficient
to assure the safe, effective and orderly movement of traffic
in and about the subdivision and utility services are
adequate to serve the development. The following notation
shall be placed on the plat: (~ny future divisions of these
lots will require full compliance with the unimproved street
requirements applicable at the time of any subsequent
replatting. "
Sec 2.
Sec 3.
Sec4.
Sec 5.
Sec6.
Ordinance 0-01-1314
Page 3 of 4
THAT Ordinance 0-00-1214, the Land Development Code, as
amended, shall remain in effect, except where amended by this
ordinance.
THAT Section 2-26 entitled "Fees and charges for city services" of
Chapter 2 of the Code of Ordinances of the City of Colleyville, Texas,
paragraph d is amended to add the following:
Perimeter street charges
$138.78 per front foot
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
public hearing being conducted on the </>'.6 day of
,2001.
Ordinance 0-01-1314
Page 4 of 4
The second reading and public hearing being conducted on the / 8 ~ day of
$fU/J11~ ,2001.
ATTEST: CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
D~Ua
Mayor
~VED AS TO FORM AND lEGALITY:
ROSS~~
City Attorney