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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