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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-12/9/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Agenda Monday, December 9, 2013 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 Legal Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Knox PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES November 25, 2013 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. REGULAR AGENDA ITEMS 3a Approval of a final plat for 53.2 acres on Tract 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey located at 7612 & 7624 Pleasant Run Road Case PC13-021 City of Colleyville Page 1 Planning and Zoning Commission Agenda December 9, 2013 4. PUBLIC HEARING AGENDA ITEMS 4a Request for a Special Use Permit for an accessory building on Lo Block 1, of the Lavaca Parc Addition located at 6212 Lantana Court, Case ZC13-019 4b Consideration of a zoning change from the AG-Agricultural zoning district to the PUDC-Planned Unit Development Commercial zoning district on 2.8 acres out of the J.L. Byas Survey, Abstract 180, at 1603 and 1605 Hall-Johnson Road, Case ZC13-020 4c Consideration of a zoning change from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residentialzoning district on 4.304 acres of Tracts 2D and 2D3, Abstract 233, of the D. R. Blanton Survey located at 5209 Bluebonnet Drive, Case ZC13-021 4d Consideration for approval of amendments to Chapter 3 Section 3.26- Fences, Free Standing Walls, and Screening Materials in the Land Development Code, Case GC13-021 4e Consideration for approval of amendments to Chapter 8-Plat Review Procedures in the Land Development Code, Case GC13-022 5. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boDecember 6, 2013 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governin opened for public comment and discussion. If you plan to attend this public meeting and have a disability accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 2 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, November 25, 2013 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Vice-Chairman Knox on November 25, 2013 at 7:05 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher Don Davis, and David Phelps Absent: Chairman Jeff Byerly Staff Present: Ron Ruthven, Mary Elliott, and Matthew Boyle (City Attorney) 1. APPROVAL OF MINUTES Commissioner Phelps made a motion to approve the minutes as written. Commissioner Tornes seconded. The motion to approve the minutes as written carried by the following vote: Aye: 6 Knox, Tornes, Wheelwright, Gotcher, Davis, and Phelps 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3. PUBLIC HEARING AGENDA ITEMS 3a Request for an amendment to the Special Use Permit for a Package Store development requirements for Lot 2, Block 1, of the Glade Points Addition located at 4200 Glade Road, Case ZC13-018 Ron Ruthven presented the case and briefed the Commission. Commissioner Wheelwright questioned staff regarding whether this was the only package store in the City that has a pole sign; and the sign meet code as it is today? Ron Ruthven replied correct. City of Colleyville Page 1 Planning and Zoning Commission Minutes November 25, 2013 Commissioner Tornes questioned staff regarding whether other package stores would be allow to have a pole sign except along S Highway 121. Ron Ruthven replied correct. The public hearing was opened at 7:10 p.m. Charlie Hall, the property owner and applicant, came forward and briefed the Commission. There being no one else wishing to speak, the public hearing was closed at 7:12 p.m. Commissioner Davis made a motion to approve Case ZC13-018 with the condition that the sign may only be three (3) feet by six (6) feet. Commissioner Gotcher seconded. The motion to approve Case ZC13-018 with the condition that the sign may only be three (3) feet by six (6) feet was carried by the following vote: Aye: 6 Knox, Tornes, Wheelwright, Gotcher, Davis, and Phelps 4. ADJOURNMENT The meeting adjourned at 7:14 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on December 9, 2013 by a vote of ______. City of Colleyville Page 2 PLEASANT RUN RD LINCOLN CT LEESBURGDR 7624 7709 7707 7705 7612 7703 7612 7701 7612 7504 7502 7500 204 205 304 7504 7404 203 AtlasDrillSite 7409 7407 7408 7408 7405 7408 7403 7404 S HERBERT CLAY HIBBINS PLEASANT RUN RD. L9 9' B.L. 176.66' ' 74.15' 166.60' 81.50' 20.5' B.L. L19 135.50' 153.66' 119.78' 144.81' 20.5' B.L. 20.5' B.L. 15' B.L. 99.34' 91.75' WILDFLOWER WAY 169.81' 97.00'96.66' 90.00' 20.5' B.L.20.5' B.L. 97.00' 39.03' 90.00'90.00' 90.00' 90.00' 20.5' B.L. 20.5' B.L. 90.00' 77.44'90.00' PRAIRIE VIEW DRIVE 90.00' 20.5' B.L. 20.5' B.L. L4 50' L1390.00' 95.69'96.00' 265.71'145.00' Lavaca Ct Cimarron Trail Lavaca Ct Cimarron Trail Owner NameOwner AddrOwner CityOwner StateOwner ZipSitus Address Oc Lavaca Llc6317 Westcoat DrColleyville Texas760346301 Lantana Ct Lane, Thomas M Etux Janet R6300 Lantana CtColleyville Texas760346300 Lantana Ct Awalt, Terry Etux Elizabeth6221 Cimmaron TrlColleyville Texas760346221 Cimmaron Tr Hopkins, Dillard E Jr & D L6208 Lantana CtColleyville Texas760346208 Lantana Ct Gray, Randy K Etux Donna M6233 Cimmaron TrlColleyville Texas760346233 Cimmaron Tr Franks, Jeremiah Etux Catherin6232 Cimmaron TrlColleyville Texas760346232 Cimmaron Tr Riewe, Kermit M Etux Dusti6217 Cimmaron TrlColleyville Texas760346217 Cimmaron Tr Stephens, Parker Etux Brittney913 Talbot TrlColleyville Texas76034913 Talbot Tr Daugherty, Larry Etux Vonda921 Talbot TrlColleyville Texas76034921 Talbot Tr Ldds Communications IncPO Box 152206Irving Texas75015813 McDonwell School Rd W K Hovnanian Homes Dfw Llc5808 W Plano PkwyPlano Texas75093925 Talbot Tr Mobley, David D Etux Cheryl A6301 Cimmaron TrlColleyville Texas760346301 Cimmaron Tr Hall, Stanley Dean Etux Gail A6229 Cimmaron TrlColleyville Texas760346229 Cimmaron Tr Rodriguez, Arthur Etux Elizabe6228 Cimmaron TrlColleyville Texas760346228 Cimmaron Tr McPherson, Barbara J6225 Cimmaron TrlColleyville Texas760346225 Cimmaron Tr Whitfill, Johanna B6224 Cimmaron TrlColleyville Texas760346224 Cimmaron Tr Markowicz, Timothy Etux Rose6213 Lantana CtColleyville Texas760346213 Lantana Ct Shaikh, Aftab Sunny6209 Lantana CtColleyville Texas760346209 Lantana Ct Strittmatter, Martin Etux Judy6213 Cimmaron TrlColleyville Texas760346213 Cimmaron Tr Patrick Custom Homes Inc2855 Exchange Blvd Ste 112Southlake Texas760926204 Lantana Ct Apgar, Richard Jr Etux Marja6209 Cimmaron TrlColleyville Texas760346209 Cimmaron Tr Tarver, Russell Etux Laurette6205 Lantana CtColleyville Texas760346205 Lantana Ct Rosewood Villas HOAP.O. Box 463Colleyville Texas76034Courtesy Notice Villas Of Colleyville Hoa Llc1108 W Pioneer PkwyArlington Texas76013Courtesy Notice Lavaca Trail Estates HOA215 W. College StGrapevineTexas76051Courtesy Notice Grapevine-Colleyville ISD3051 Ira E. Woods AvenueGrapevineTexas76051Courtesy Notice Huckins, Bruce Etux Brenda, Applicant6212 Lantana CtColleyville Texas76034Applicant Public hearing notices were mailed Wed., Nov. 27, 2013 by Taci Wrisley Bufffer Mapp Letters of Opposition From:Randy Gray To:Ron Ruthven Cc:Taci Wrisley Subject:Zoning Case # ZC13-019 Date:Wednesday, December 04, 2013 8:51:27 PM Mr. Ruthven, Please accept thisemail as my notification of official protest to the "Consideration of a Special Use Permit for an accessory building," for Bruce Huckins, 6212 Lantana Court, Zoning Case # ZC13-019. I plan to attend the public hearing on December 9, 2013. Thank you, Randy Gray 6233 Cimmaron Trail Letters of Opposition From:Ron Ruthven To:Mary Elliott Cc:Taci Wrisley Subject:FW: Zoning Case # ZC13-019 Date:Thursday, December 05, 2013 11:21:21 AM FYI, Please update the briefing accordingly. Ron Ruthven, AICP, Director Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 (817)503-1052 fax (817)503-1059 www.colleyville.com We value your opinion. Please take a moment to take our survey, click here From: DAVID MOBLEY Sent: Thursday, December 05, 2013 11:20 AM To: Ron Ruthven Subject: Zoning Case # ZC13-019 Dear Mr. Ruthven, Please accept this email as my notification of official protest to the "Consideration of a Special Use Permit for an accessory building," for Bruce Huckins, 6212 Lantana Court, Zoning Case # ZC13-019. I plan to attend the public hearing on December 9, 2013. Thank you. , David Mobley 6301 Cimmaron Trail Colleyville, Tx. 76034 Letters of Opposition From:Ron Ruthven To:Taci Wrisley;Mary Elliott Subject:FW: ZC13-019 Date:Friday, December 06, 2013 11:05:08 AM Heres another one Ron Ruthven, AICP, Director Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 (817)503-1052 fax (817)503-1059 www.colleyville.com We value your opinion. Please take a moment to take our survey, click here From: Linda Pekowski Sent: Friday, December 06, 2013 9:35 AM To: Ron Ruthven Subject: ZC13-019 Please consider this a written protest for the zoning change for 6212 Lantana Court accessory building. Thanks you, Linda Pekowski This e-mail and any attachments to it are intended only for the addressee(s) and may contain confidential information. If you have received this in error, please contact the sender and delete the material. Dissemination, printing, copying or any other use is prohibited. Section 3.27 - Land Development Code Colleyville, Texas, Land Development Code Section 3.27Accessory Buildings and Residential Carport Regulations The following regulations shall govern the location, size and use of accessory buildings: A.Accessory Buildings Located in Residential Zoning Districts (O-00-1223 / 07/18/00) 1. Permit Required: a. A building permit shall be required for any accessory building which exceeds one hundred and twenty (120) square feet. However, all accessory buildings containing 120 square feet or less shall comply with the height and setback requirements of this Section. An accessory building shall only be allowed as an incidental structure to a principle building unless the accessory building is located in the Agricultural District. b.For the purpose of this Section, the term accessory building shall include detached residential garages and pool houses, but shall exclude a carport (see Section 3.27.C). 2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. Maximum Square Footage of all Accessory Buildings Lot SizeUnder .5 ac.5– .99 ac.1– 2.99 ac.3+ ac. Total s. f.750 s. f.1,000 s. f.1,750 s. f.2,500 s. f. b.For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. c.An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP). d.An existing accessory building may be remodeled or expanded provided the combined square footage of all accessory buildings does not exceed the maximum square footage allowed. However, an existing accessory building which exceeds the maximum square footage allowed may be remodeled or replaced with a new accessory building, but not expanded or increased in height. e.There shall be no physical connection between accessory buildings and a minimum separation of three (3) feet between accessory buildings. 3. Setbacks: a.No accessory building shall be erected in any required yard, as defined in , Chapter 2 Definitions except as set forth herein. b.Attachedaccessory buildings – Accessory buildings erected ten (10) feet or closer to the principal building shall be considered attached, and shall comply with the setback lines established for the applicable zoning district. For the purpose of this regulation, the distance between buildings shall be measured between the nearest wall surfaces. c.Detached accessory buildings – A detached accessory building shall comply with the setback Chapter 3 - Land Use Page 3 - 1 Section 3.27 - Land Development Code Colleyville, Texas, Land Development Code lines established for the applicable zoning district, unless the accessory building is located totally behind the rear of the principal building, then it shall not be placed closer than five (5) feet to any side or rear lot line. 4.No accessory building shall penetrate a vertical height envelope defined as being a Maximum Height: point five feet from a side or rear lot line and extending vertically 8 feet to a point, then extending at a o angle to the height of the primary building. 45 5. The use of an accessory building shall be consistent with the permitted usesof the Permitted Uses: applicable zoning district, except, no accessory building shall be used for dwelling purposes other than for domestic servants employed for the premises, where permitted by the district regulations. 6. Any request for a building permit for an accessory building which does Special Use Permit Provision: not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. B. For Accessory Buildings Located in Non-residential Zoning Districts 1.No accessory building shall be erected in any required yard area except as set forth by this section. 2.No accessory building shall be erected within ten (10) feet of any other building unless such accessory building is used as a commercial kiosk, in which case such commercial kiosk cannot be located within fifty (50) feet of another building. 3.Commercial kiosks as accessory uses and/or buildings may be located within approved nonresidential districts subject to the following conditions: a.Maximum size of two hundred-fifty (250) square feet. b.No inside sales or service or drive in sales or service; walk-up and/or drive-up service permitted. c.Exterior walls shall be of at least seventy-five percent (75%) masonry, glass, or other equivalent material, provided metal material does not exceed twenty-five percent (25%) of the exterior walls. d.Located within required setbacks and in conformance with this section. e.Located in such a manner as to not impede, impair or endanger vehicular traffic on the property where the kiosk is located and for vehicular traffic ingressing from and egressing to public rights- of-way. f.Submission of an acceptable site plan shall be required for consideration of the issuance of a building permit unless a current valid Certificate of Occupancy exists. g. Limited to one (1) kiosk per platted plot. C.Residential Carport Regulations – Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. 1. In accordance with the Special Use Permitprocedures Approval by Special Use Permit Only: contained in this Chapter of these zoning regulations, no carport shall be builtin the City of Colleyville without approval by the City Council for a Special Use Permit toconstruct a carport in a zoning district that permits single family residential dwellings. 2. A carport shall comply with the following regulations, unless the City Council Carport Standards: in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a.: A carport shall not exceed 480 square feet in area. The longest dimension on a carport Size shall not exceed 24 feet. Chapter 3 - Land Use Page 3 - 2 Section 3.27 - Land Development Code Colleyville, Texas, Land Development Code b.: A carport shall not exceed a maximum height of 15 feet. The height shall be measured Height from the finished grade to the highest point of the roof. c. Setbacks: A carport located within ten (10) feet of the principal building shall comply with the front, side i. and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. A carport located 10 feet or more from a principal building may extend into a required side ii. yard, provided all of the following conditions are satisfied: (1)every part of such carport is unenclosed except for necessary structural supports; (2)no part of the carport is less than five (5) feet from a side or rear lot line, and (3)the carport is located completely within the rear yard area as defined in these zoning regulations. d.one Maximum Number Per Lot: e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9’) by eighteen feet (18’) and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9’) in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. i. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. ii. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12”) or more than forty-eight inches (48”). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g. Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. Chapter 3 - Land Use Page 3 - 3 ORDINANCE O-14-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 3, BLOCK 1 OF THE LAVACA PARC ADDITION, LOCATED AT 6212 LANTANA COURT BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Spe Use Permit for an accessory building under Case No. ZC13- 019; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS,the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and state law with reference Ordinance O-14-XXXX Page 2 of 4 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 3, Block 1 of the Lavaca Parc Addition located at 6212 Lantana Court by authorizing a Special Use Permit for an accessory building, as depicted on Exhibit A and Exhibit B. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall apply to the construction of an accessory building. b.The accessory building shall not exceed 900 square feet in size including all covered patio areas. c.The accessory building design and exterior materials shall be generally consistent with Exhibit C. d. All requirements of the Land Development Code shall be met, except where amended herein. Ordinance O-14-XXXX Page 3 of 4 Sec. 5. THAT any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to per its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted by City Council on the th 7 day of January 2014. The second reading and public hearing being conducted by City Council on st the 21 day of January 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor Ordinance O-14-XXXX Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map Exhibit “B” – Site Plan and Floor Plan Exhibit “C” – Building Elevations OGATEH Bufffer Mapp Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address Barbara Gordon Montessori Schl1513 Hall Johnson RdColleyville Texas 760341513 Hall Johnson Rd Nelson, Michael Jay5600 Coventry CtColleyville Texas 760345600 Coventry Ct Annis, Barnard H Etux Claudine5604 Coventry CtColleyville Texas 760345604 Coventry Ct Roth, Thomas R Etux Eileen M6909 Meade DrColleyville Texas 760345512 Coventry Ct Crawford, David E Etux Lisa5508 Coventry CtColleyville Texas 760345508 Coventry Ct Hines, Brent A Etux Karen L5504 Coventry CtColleyville Texas 760345504 Coventry Ct Hendrix, Terry L Etux Anita Y1610 Kingswood LnColleyville Texas 760341610 Kingswood Ln Brown, Dana Kay5500 Coventry CtColleyville Texas 760345500 Coventry Ct Golden, Dennis A Etux Sherry M1606 Kingswood LnColleyville Texas 760341606 Kingswood Ln Rooyen, Daniel V Etux Gloria1604 Kingswood LnColleyville Texas 760341604 Kingswood Ln Cox, George B Etux Dawn R1602 Kingswood LnColleyville Texas 760341602 Kingswood Ln Saiyed, Farid Etux Raana1600 Kingswood LnColleyville Texas 760341600 Kingswood Ln Williamson, Jeff Etux Sandra5509 Janet LnColleyville Texas 760345509 Janet Ln Wilkison, Gregory S Eutx Jean5412 Coventry CtColleyville Texas 760345412 Coventry Ct Sanderson, Wilford Etux Kristi5408 Coventry CtColleyville Texas 760345408 Coventry Ct Grapevine-Colleyville ISD3051 Ira E. Woods AvenueGrapevineTexas76051Courtesy Notice Stone Crest Estates HOA1708 Gatehouse CourtColleyville Texas76034Courtesy Notice Kingswood Estates HOA1601 Royal LaneColleyville Texas76034Courtesy Notice Monks, Fred Sr & Thomas1608 Kingswood LnColleyville Texas76034Applicant Public hearing notices were mailed Wed., Nov. 27, 2013 by Taci Wrisley ORDINANCE O-14-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 2.8 ACRES LOCATED IN THE J.L. BYAS SURVEY, ABSTRACT 180, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC13-020; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices Ordinance O-14-xxxx Page 2 of 6 by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville isof the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 2.8 acres located in the J.L. Byas Survey, Abstract 180, from the AG-Agricultural zoning district to the PUD- C-Planned Unit Development Commercialzoning district, as depicted in the attached Exhibit A, and as described in Exhibit B. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for a landscaping business with outside storage named The Lawn Firm. b. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this Ordinance. 2. BUILDING AND SITE COMPLIANCE PROVISIONS a.The developer shall submit and receive approval from the City, a minor plat, in accordance with the requirements of the Land Development Code prior to development of this PUD-C. Ordinance O-14-xxxx Page 3 of 6 b.No later than 60 days from the date of approval of this Ordinance, the applicant shall allow an independent, third party inspector, contracted by the City, to perform a comprehensive inspection of the site and buildings and provide a detailed report of all outstanding code compliance issues. The cost of this inspection shall be paid by the applicant. All specific life/safety, fire and ADA code issues identified in the report shall be addressed and brought into compliance with all current applicable City codes no later than 180 days from theapproval date of this Ordinance. The final determination of compliance with this section shall be made by the Community Development Director through the issuance of a temporary Certificate of Occupancy. Failure to meet the requirements of this section shall be considered a violation of this Ordinance. c.Notwithstanding any additional requirements in this Ordinance, no later than one year from the date of approval of this Ordinance, all site specific issues governed by the Land Development Code shall be brought into compliance with all current Land Development Code criteria, including but not limited to: platting, parking and paving, landscaping, screening and buffering, building setbacks and building design. The final determination of compliance with this section shall be made by the Community Development Director through the issuance of a final Certificate of Occupancy. Failure to meet the requirements of this section shall be considered a violation of this Ordinance. 3. PERMITTED USES a.Landscaping contractor with outdoor storage 4. DEVELOPMENT CONDITIONS a. Outdoor Storage of equipment, supplies and materials is hereby permitted provided all outdoor storage is kept a minimum of 25 feet away from any adjacent properties zoned or used for residential or educational purposes. All outdoor storage shall be screened from the view of any adjacent properties zoned or used for residential or educational purposes by an approved screening material as Ordinance O-14-xxxx Page 4 of 6 listed in the Land Development Code. This provision shall become effective no later than one year from the date of approval of this Ordinance. Outdoor storage of any hazardous materials shall meet all City and State requirements effective upon the passage of this ordinance. b.The hours of operation for any business allowed on the subject property shall be limited to daylight hours only, Monday through Saturday. c. All lighting on site shall be directed away from adjacent residential properties and illumination shall not exceed 0.5 foot candles as measured at any adjacent residential property line. d.No later than one year from the date of approval of this Ordinance, the unpaved portion of the access drive on the property owned by the City of Colleyville to north of the subject property shall be paved to match the width of the existing paved portion of said access drive up to the property line of the subject property. Said paving shall meet all City requirements with final approval by the Public Works Director. Sec. 5.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the sa penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punisha by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the Ordinance O-14-xxxx Page 5 of 6 City shall have the right to seek injunctive relief for any and violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to per its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. th The first reading and public hearing being conducted on the 7 day of January 2014. st The second reading and public hearing being conducted on the 21 day of January 2014. PASSED AND APPROVED by the City Council of the City of Colleyvil Texas, on this the ________ day of _________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A Location and Zoning Map Exhibit B Legal Description Tract 1 BEING a tract of land out of the J. L. BYAS SURVEY, ABST. #180 in Tarrant County, Texas, and more particularly described as a portion of a 9.315 acre tra recorded in the name of Joe B. Harrison in Vol. 2850, Page 467, County, Texas and being described by metes and bounds as follows: BEGINNING at a pipe, said pipe being the Southwest corner of sai THENCE North 00 deg. 18 min. East along the West line of said 9. an iron pin for corner; THENCE South 89 deg. 45 min. East 241.2 ft to an iron pin for corner in the W 4.965 acre tract of land recorded in the name of Ronald R. Rober Deed Records, Tarrant County, Texas; THENCE South 00 deg. 11 min. West along the West line of said 4.965 acre tract 246.7 ft to an iron pin for corner in the South line of said 9.315 acre trac THENCE North 89 deg. 45 min. West along the South line of said 9 a fence 241.7 feet to the POINT OF BEGINNING and containing 1.367 of land, more or less; Tract 2 BEING 1.482 acres, more or less, situated in the J. L. BYAS SURV Tarrant County, Texas, being a portion of a 4.965 acre tract des R. Roberson to R. Sam Culbertson dated April 13, 1984, recorded in Volume 8382, Page 744 of the Deed Records of Tarrant County, Texas, SAVE AND EXCEPT 3. property as described in Partial Release of Lien executed by Llo November 20, 1985, recorded in Volume 8382, Page 760 of the Deed Records of Tarrant County, Texas, all as more particularly described following: BEING a 4.965 acre tract of land out of the J. L. BYAS SURVEY, A County, Texas, and being a part of a 9.315 acre tract of land conveyed to J. B. Harrison and wife by deed recorded in Volume 2850, Page 467, Deed Records of described by metes and bounds as follows: BEGINNING at an iron pin at the Southeast corner of said 9.315 a 216.67 feet North of the S.E. Corner of said J. L. Byas Survey; THENCE West 271.0 feet to an iron pin for corner; THENCE North 00 degrees 11 minutes E, 794.0 feet to an iron pin the Hall-Johnson Road; THENCE along said ROW line S 88 degrees 45 minutes E, 43.73 feet, said point being the beginning of a curve to the left having a radius of 896.0 feet, curve a distance of 227.27 feet to an iron pin; Exhibit B Legal Description (Continued) THENCE S 00 degrees 23 minutes E 828.5 feet to the place of beginning, containing 4. acres of land, more or less; SAVE AND EXCEPT THE FOLLOWING: Being a tract of land out of the J. L. BYAS SURVEY, ABSTRACT NO. Texas, being part of a 9.315 acre tract of land conveyed to J. B. Harrison, et ux, recorded in Volume 2850, Page 467, Deed Records of Tarrant County, Texas; BEGINNING at an iron pin 457.13 feet North and 270.23 feet West of the J. L. Byas, Abstract No. 180 in Tarrant County, Texas; THENCE North 0 degrees 11 minutes East 553.54 feet to an iron pi Hall Johnson Road; THENCE with said South line, South 88 degrees 45 minutes East 43 the beginning of a curve to the left; THENCE with said curve to the left, with a radius of 2804.37 fee degrees 42 minutes 15 seconds a distance of 230.06 feet to an ir THENCE South 0 degrees 33 minutes 55 seconds West 582.21 feet to THENCE South 89 degrees 21 minutes 17 seconds West 267.44 feet to the place o beginning, containing 3.483 acres of land, more or less (151.738 Bluebonnet Road Bluebonnet Road Bluebonnet Road Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address Rogers, Nancy1612 Cherry LnColleyville Texas760341608 Cherry Ln Farmer, Stephen Etux Dianne5305 Bluebonnet RdColleyville Texas760345305 Blue Bonnet Dr Del Hierro, C & G Bone5008 Bluebonnet RdColleyville Texas760345100 Blue Bonnet Dr McPherson, Karen D1848 Cheyenne TrlSpringdale Arkansas727625209 Blue Bonnet Dr Phillips, Dean F Etux Sara EPO Box 610411Dallas Texas752611604 Cherry Ln Dameron, Ray Etux Martha1600 Cherry LnColleyville Texas760341600 Cherry Ln Bartolomei, Juan C209 W McDonwell School RdColleyville Texas760341512 Cherry Ln Cobb, Jesse G Etux Lola M1508 Cherry LnColleyville Texas760341508 Cherry Ln Davis, Alan T Etux Mary C1500 Cherry LnColleyville Texas760341500 Cherry Ln Douglass, George W Jr Etux Ber1412 Cherry LnColleyville Texas760341412 Cherry Ln Grapevine-Colleyville ISD3051 Ira E. Woods AvenueGrapevineTexas76051Courtesy Notice Chelsea Park HOA1816 Avondale DriveColleyville Texas76034Courtesy Notice Kingswood Estates HOA1601 Royal LaneColleyville Texas76034Courtesy Notice Bridges at RiverwalkPO Box 1183Colleyville Texas76034Courtesy Notice Jim Dewey, Jr., Applicant2500 Texas Drive, Suite 200IrvingTexas75062Applicant Public hearing notices were mailed Wed., Nov. 27, 2013 by Taci Wrisley Bufffer Mapp Letters of Opposition Letters of Opposition Letters of Opposition Letters of Opposition Letters of Opposition Letters of Opposition Proposed PUD-R of Hill Park Villas at Colleyville, Texas PUD-R Statement of Planning Objectives This zoning request concerns to 4.3 acre a proposed development along the Bluebonnet Rd, North from Glade Rd South to Royal Ln in Colleyville. This will be developed by Hampi LLP under the Planned Unit Development (PUD) regulations for residential development in the City of Colleyville. The property is currently occupied by Single family home and open area. The surrounding area within Colleyville is fully developed. The subject tract is shown on the Future Land Use Plan as "Single Family Residential,". The Site Plan submitted with this request is consistent with the Single Family Residential shown on the existing zoning concept plan. We believe the drainage outfall is sufficient to accommodate all drainage from this development without any negative effect on downstream properties. A full drainage study will be prepared prior to construction. Quality and compatibility with the adjacent residential, as well as the rest of Colleyville is essential, and we have designed this proposal with those goals in mind. The residences planned for this portion of Hill Park Villas at Colleyville will be very upscale, with selling prices estimated to range between $500,000 to over $700,000. The main project entrance is from Bluebonnet Rd. The entry road is planned to be gated, with enough room to accommodate visitors as well as residents. We propose to build the required Colleyville street section of 37' (back of curb to back of curb), in a 56' wide Street right-of-way. Internal sidewalks shall be built in front of all Residential Lots within the development, as well as other supplemental sidewalks as shown on the Development Plan. There will be a requirement of street trees for every residential lot to be installed by the home builders (two in each 100' Lot), adjacent to the street rights of way, as well as trees in each rear yard (two in each 100' Lot). To encourage pedestrian activity in the neighborhood, sidewalks will be built along the front of each lot, as well as other open space trails and sidewalks shown on the Development Plan. All facilities with the Open Space areas will be owned and maintained by either the Hill Park Villas at Colleyville Homeowners Association. The scale and orientation of the development has been designed to have an inviting visual flow with the existing neighborhoods and surrounding uses. The design criteria of the homes will create high quality designed homes in keeping with both the immediate neighborhood and Colleyville as a whole. Development Schedule Hill Park Villas at Colleyville may be developed in multiple phases, with initial development commencing upon the successful completion of the zoning and platting and the subsequent approval of the final plat and engineering plans. Construction of homes is anticipated to start immediately upon completion of the subdivision's infrastructure. Economic Development Information This phase of Hill Park Villas at Colleyville will have a total of Nine (9) homes, each with an average estimated value upon completion of approximately $500,000 to over $700,000, resulting in an overall tax base of $,4,950,000, based on a $550,000 estimated average. Development Standards Permitted Land Uses: 1)Single Family Residences, Detached Residential Lot Requirements and Setbacks: Residential lot requirements and setbacks shall comply with the following provisions. Planning Area "A" refers to lots adjacent to the far western property line. Planning Area "A". a. Minimum Lot Size - 12000 square feet b. Minimum Lot Width - 100 feet c. C. Minimum Lot Depth 120 feet d. Front Building Line 30 feet e. Side Building Line 10 feet f. Rear Building Line 25 feet g. Maximum Building Height h. Maximum Lot Coverage 50% Open Space and Landscape Buffer a. Open Space Lots shall be maintained by the Homeowners Association. b. The following amenities are permitted in the open space lots: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built environments including a fireplace, fountains, lights and a dock and pier. These amenities shall be owned and maintained by the Homeowners Association. Fencing Wood fencing between lots is permitted. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. All lots backing to the Common Open Space shall be open style fencing of decorative metal, and/or Masonry. Where lots back to existing residential lots, the existing fence shall be kept, maintained or improved in coordination with each owner. Where open space lots border adjacent properties, either the existing fence will be maintained or improved, or a decorative metal fence will be installed, all in cooperation with the adjacent property owner. Streetscape Standards Minimum of two (2) three to four-inch (3-4") caliper trees per front and rear yards of the 100' lots. Fully landscaped and spfinklered front and rear yard within sixty days of completing a house. Open Space Standards The Common Open Space shall be either left natural (where disturbance and irrigation may harm existing trees) or fully landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The Common Open Space shall be owned and operated by either the Homeowners Assoc. or the Property Owners Assoc., which shall have a mandatory membership of all property owners and shall collect dues in amounts satisfactory to maintain the Common Open Space. The Associations shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. Signage: Monument and/or wall signs identifying the subdivision shall be built at each entry. F=_mgmusurm_5346_443;546ÍÍFrooh|yloohÍUhvlghqwldo_Flylo_443;5 F=_mgmusurm_5346_443;546ÍÍFrooh|yloohÍUhvlghqwldo_Flylo_443;5 ORDINANCE O-14-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.304 ACRES ON TRACTS 2D AND 2D3, ABSTRACT 233 OF THE D. R. BLANTON SURVEY FROM AG- AGRICULTURAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for a rezoni under Case No. ZC13-021; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS,the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Ordinance O-14-XXXX Page 2 of 9 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 4.304 acres on Tracts 2D and 2D3, of Abstract 233 of the D. R. Blanton Survey from the AG- Agricultural zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit A and as legally described in Exhibit B. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for a single-family residential development of nine detached dwelling units and one common open space lot, constructed at a gross maximum density of 2.1 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Objectives, attached as Exhibit C. c. The subject property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. Ordinance O-14-XXXX Page 3 of 9 2. DEVELOPMENT PLAN AND PLATTING a.The development shall be generally consistent with Exhibit D, Conceptual Site Plan, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit D to accommodate topographic, drainage or other conditions. b.The developer shall submit and receive approval from the City, a Preliminary and Final Plat, approved as a single phase, in accordance with the requirements of the Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a.Single-family residences, detached b.Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: a.Minimum Lot Size: 12,000 square feet b.Minimum Lot Depth: 120 feet c.Minimum Lot Width: 100 feet at the building line d.Front Building Line: 30 feet e.Side Building Line: 10 feet f.Rear Building Line: 25 feet g.Maximum Lot Coverage: 50 percent h.Maximum Building Height: 35 feet 5. OPEN SPACE a.This development shall provide a minimum of 11.6 percent common open space, as shown on Exhibit D, which shall Ordinance O-14-XXXX Page 4 of 9 be for the leisure and recreational use of the developments residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space may be utilized for storm water retention not to exceed __ percent of the common open space area. 6. PRIVATE STREETS AND SIDEWALKS a.Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Land Development Code. b.Hillpark Drive in this development shall be a public road. Right-of-way and pavement widths shall meet the following requirements: the minimum right-of-way for Hillpark Drive shall be 56 feet and the minimum pavement width for the street shall be 37 feet, measured from back of curb to back of curb. A five foot utility easement shall be located along both sides of Hillpark Drive. 7., FENCES SCREENING AND LANDSCAPING a.All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. b.All lots backing to the Common Open Space shall be open style fencing of decorative metal, and/or Masonry. c.Where open space lots border adjacent properties, either the existing fence shall be maintained or improved, or a decorative metal fence shall be installed, all in cooperation with the adjacent property owner. d.An eight foot decorative masonry wall shall be constructed by the developer along Bluebonnet Drive in order to screen the development from the Justice Center and Community Center parking lot to the west. e. All residential lots, a minimum of 100 feet in width, shall contain a minimum of two (2) three-inch (3) caliper trees Ordinance O-14-XXXX Page 5 of 9 in the front yard adjacent to the street right-of-way. Each lot shall be fully landscaped with an approved irrigation system in the front and rear yard prior to the final inspection. e.Prior to the acceptance of final public improvements, 24 three (3) inch caliper large canopy trees and 24 ornamental trees shall be planted by the developer in the two open space lots and the landscape area along Bluebonnet Drive per Exhibit D. Tree species shall be allowed per the specifications in Chapter 4-Landscaping and Buffering in the Land Development Code. Said trees shall be maintained by the homeowners association. f. All residential lots, a minimum of 100 feet in width, shall contain a minimum of two, three (3) inch caliper canopy trees in the backyard per Exhibit D. All trees shall be planted by the homebuilder prior to the final inspection. 8. DRAINAGE a.A Detention pond shall be constructed to reduce flows to the existing subdivision to the south per the City of Colleyville drainage design standards. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-14-XXXX Page 6 of 9 Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to per its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted by City Council on the th 7 day of January 2014. The second reading and public hearing being conducted by City Council on st the 21 day of January 2014. PASSED AND APPROVED by the City Council of the City of Colleyvil Texas, on this the ________ day of _________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A –Location and Zoning Map Exhibit B – Legal Description Exhibit C-Statement of Planning Objectives (1 of 2) Exhibit C - Statement of Planning Objectives (2 of 2) Exhibit D - Conceptual Site Plan Proposed Amendments to Section 3.26 Colleyville, Texas, Land Development Code Section 3.26 Fences, Free Standing Walls, and Screening Materials A.Scope 1.This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2.No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3.For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B.Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in of this Land Chapter 2 Definitions Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C.Maintenance 1.All fences erected as provided forin this section shall be maintained in good condition. 2.A fence shall not lean more than one inch out of vertical for each foot of height as measured from the top of the fence. 3. The owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days of, the day the owner received notice from the Administrative Official, with the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made. No permit is required for repairs as defined in this ordinance. The Administrative Officialmay, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required. The Administrative Officialshall not extend the replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the Administrative Officiala written scope and schedule detailing materials and estimated time period of the completed replacement for approval. 4.A fence shall be maintained in sound structural condition as a whole or completely removed, including post(s). 5.Property owners shall maintain fences, including those existing prior to the adoption of this Ordinance, at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed. 6.Property owners shall regularly paint fence supports, gates, structural members and exterior surfaces that are covered with paint to prevent rusting, peeling or blistering surfaces. 7.Existing fences that were constructed prior to the adoption of this Ordinance that were constructed with materials not currently permitted by this Ordinance may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance. If the Administrative Officialdetermines the fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials approved by this Ordinance or be removed. Chapter 3 - Land Use Page 3 - 1 Proposed Amendments to Section 3.26 Colleyville, Texas, Land Development Code 8.The construction of a fence or wall on the property line shall not preclude the property owner’s responsibility to maintain and keep the area between thefence and an adjacent fence on a neighboring property, theproperty lineto the back of curb or edge of the pavement or center of alley, free and clear of debris and high weeds. Support columns and posts shall remain in an upright position and shall be generally perpendicular to the surrounding terrain.Masonry fences shall maintain their originalaesthetic style and condition. Structurally unsound or substandard fences are considered unsafe and a nuisance and shall be repaired or replaced." D.General Requirements/Prohibitions for all Fences and Fee-standing Walls 1. Screening Required in Residential Districts: a.Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with a decorative masonry wall of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lotor dwelling. Off- streetloading areas of any non-residential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with a decorative masonry wall of not less than (8) feet inheight or a landscaped berm. b.Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side and rear property lines of said multifamily or mobile home useor district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot with a decorative masonry wall of not less than eight (8) feet in height or a landscaped berm. c.Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: a. Where a nonresidential use abuts a residential lot, use or district, the side and rearproperty lines abutting said residential lot, use or district shall be suitably screened,with a decorative masonry wall, by the nonresidential use so as to obscure the view from theresidential lot, use or district to the nonresidential use to a height not less than eight(8) feet. b.Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c.In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height and shall be composed of decorative masonry material d.Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use with a decorative masonry wall of not less than eight feet in height or a landscaped berm. e.All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. f.All required screening between residential and commercial, institutional, multifamily and mobile home uses shall be maintained in good condition by the property owner of the commercial, institutional, multifamily and mobile home use. Chapter 3 - Land Use Page 3 - 2 Proposed Amendments to Section 3.26 Colleyville, Texas, Land Development Code 3.The following Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large containers are utilized for the storage or compacting of waste, garbage or recycling materials for any properties where the building permit for the primary structure was issued on or after April 17, 2013: a.All containers shall be fully enclosed by a decorative masonry wall. b.Masonry materials shall match the masonry materials of the exterior wall of the primary structure on the property where the container is located. c.The height of the screening wall shall be a minimum of six feet, or one foot above the height of the container/compactor, whichever is greater, and shall not exceed 10 feet in height. d.The gate shall be composed of solid metal and shall be of a color that matches or compliments the masonry wall. e.The gate shall remain closed at all times. Exception: gates for recycling bins that are accessible to the publicmay remain open provided all recycling material is completely stored within the container. f.Where possible, gates shall be oriented away from the view of any roadway traffic. g.All enclosures and containers shall be located behind all required building setbacks and shall be located a minimum of 25 feet from any properties zoned or used for non-multifamily residential purposes. h.Unless subject to a different requirement as part of an SUP or PUD ordinance, for properties where the building permit for the primary structure was issued before April 17, 2013, the required enclosure and gate may be composed of wood or masonry materials to a minimum height of six feet and the gate must remain closed at all times. Otherwise, said properties shall be exempt from the other provisions of this section. However, loss of any legal-nonconforming status for any property and/or building as described in Section 3.7 in the Land Development Code shall require full compliance with this section. i.The City shall have the right to remove any container in an enclosure that has been non- compliant with this sub-section for more than 30 days. 4.No fence, screen, free standing wall or other visual barrier shall be so located Obstruction Prohibited: or placed that it obstructs the vision of a motorvehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit “3-1”. Exhibit “3-1” Obstructions Prohibited 5.No fence, screen, wall or visual barrier shall be Twenty-Five (25) Foot Visibility Triangle Required: located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit “3-2”. Chapter 3 - Land Use Page 3 - 3 Proposed Amendments to Section 3.26 Colleyville, Texas, Land Development Code Exhibit “3-2” Visibility Triangle 6.Fences constructed of barbed wire and walls topped with broken glass or Barbed Wire Prohibited: surfaced with any like material shall be prohibitedexcept as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 7.Electrical fences and fence charging devices (Underwriters Laboratory approved) Electrical Fences: shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 8.No fence in a residential district shall exceed eight (8) feet in height Eight (8) Foot Maximum Height: above ground level at the fence line. 9.The construction of a fence or wall on the property line shall not Property Owners' Responsibility: preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit “3-3”. Exhibit “3-3” Property Owner’sResponsibility 10.No fence, guy wire, brace or any post of such fence shall be constructed upon or Public Property: cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 11.The construction of a fence or wall in a floodway as shown on the most Floodway Permit Required: recent revision of the "Floodway - Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. 12.All swimming pools shall be fenced. A solid or chain link type fence or a barrier at Swimming Pools: least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on Chapter 3 - Land Use Page 3 - 4 Proposed Amendments to Section 3.26 Colleyville, Texas, Land Development Code horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessorybuilding, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. 13.Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete fences shall be maintained in good condition including any painted fences. Thebuilding official shall approve the final finished surface and reserves the right to deny a fence permit application if the surface does not adhere to these regulations. 14.General Construction Requirements for Wood Fences a.For commercial properties, all vertical posts on fences over four (4) feet in height shall be galvanized steel with a minimum two (2) and three-eighths (3/8”ths) inch diameter, a minimum fifteen (15) gauge thickness, and set in a concrete footing. Picket fences, split rail fences, ranch style or agricultural fences, or other types of decorative fences approved by the Building Official or his/her designee shall be permitted to use wood posts. b.Concrete footings shall be a minimum of eight (8) inches in diameter. c.For fences less than seven (7) feet in height, posts shall be spaced at a maximum of eight (8) feet on center, set in a concrete footing of no less than twenty-four (24”) inches deep. d.For fences that are seven (7) feet or greater in height, posts shall be spaced at a maximum of six (6) feet on center, set in a concrete footing of no less than thirty-six (36”) inches deep. e.Fence posts attached to or supported by other structures, including retaining walls, shall be provided with foundation and anchorage to prevent movement of structure or retaining wall. f.All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism and other sources of decay. g.The bottom of the fence shall be designed to prevent ground to wood contact. This can be achieved through the use of a concrete strip poured between the fence supports or by raising the pickets to provide a minimum of two inches between the bottom of the pickets and the ground. Fences located within drainage easements must be approved by the Public Works Director per the requirements of Section 8-170 of the Land Development Code and shall be built such that required drainage and stormwaterrun-off is not impeded. h.All wood material shall be stained, pressure treated, painted, or adequatelysealed to prevent decay. 15.Sealed Plans Required for Masonry Walls, Columnsand Fences: –For all masonry walls, columns and fences authorized by this Section, required plans and specifications shall be prepared and sealed by a State of Texas registered ,engineer and shall consider the site's soil characteristics, wind loadings, and other environmental considerations.Allfield inspections and verifications for anew masonry wall, fence,and column must be approved by the design professional mentionedabove or the professional’s representative. Said inspection approvalmust be submitted to the Building Official in writing prior to the City’s final inspection. E.Fence and Free Standing Wall Setback Requirements 1. No fence or free standing wall greater than thirty (30) inches in height andno greater Front Yards: than twenty-five (25) percent solid construction shall extend into the requiredyard on which the primary structure faces. Chapter 3 - Land Use Page 3 - 5 Proposed Amendments to Section 3.26 Colleyville, Texas, Land Development Code a.The primary fencing material shall be of wrought iron, pre-formed concrete, poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. All poured in place concrete and CMU shall contain an architectural finish. b.On a corner lot, a house shall be deemed to face on that street on which it hasit's least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate shall be set back a sufficient distance from theproperty line to allow vehicle queuing space in order to maintain safety and toprevent backup along the street pavement. Sufficient distance shall bedetermined by the Building Official. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 squarefeet, and subdivisions, shall be allowed to construct a perimeter fence within the frontyard setback. Said fencing shall be no greater than eight (8) feet in height and shallhave no greater than twenty-five (25) percent solid construction within the front yard.Allowed construction materials shall be the same as paragraph “1.a” above. Thisexception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30”) in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a.If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the property line, except on any lot having either a required side yard less than fifteen (15’) feet or an existing primary structure setback less than fifteen (15’) feet, then the fence or wall may be constructed with the same setback as the primary structure; or b.If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the side property line; or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d.If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15’) from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3’) from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3.Except for perimeter subdivision fencing meeting the Adjacent to Undeveloped Property: requirements in paragraph “1.a” above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit “3-4”. Chapter 3 - Land Use Page 3 - 6 Proposed Amendments to Section 3.26 Colleyville, Texas, Land Development Code Exhibit “3-4” Typical 15’-0” Fence Setbacks 4.Fences and walls meeting all of the construction Rear Fence and Free Standing Wall Setbacks: requirements of paragraph“1.a” above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit “3-4”. F.Security Gating Encroachments A front yard fence or screening wall providing support for a security gate andnotexceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the frontyard setback of a residential lot when the fence or screening wall meets the followingcriteria and shown in Exhibit “A”.: 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. Chapter 3 - Land Use Page 3 - 7 Proposed Amendments to Section 3.26 Colleyville, Texas, Land Development Code G.Administration 1.Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from theCommunity Development DepartmentOffice of Building Inspections. 2.Application for Permit - Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a.Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b.Name and owner of the property. c.Local address where fence is proposed to be erected. d.Materials and type offence construction. e.Height of fence. f.Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g.Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. H. Variances 1.Any variance to the provisions of this section shall be heard by the Zoning Board of Adjustment. Chapter 3 - Land Use Page 3 - 8 ORDINANCE O-14-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3-LAND USE, SECTION 3.26 FENCES, FREE STANDING WALLS AND SCREENING MATERIALS OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Section 3.26 of the Land Development Code by amending the maintenance and construction standards for fences and free standing walls; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter3-Land Use, Section 3.26 of the Land Development Code, is hereby amended to read as depicted in the attached Exhibit A. Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the sae penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-14-XXXX Page 2 of 2 Sec. 4.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and violations of this ordinance. Sec. 5.THAT this ordinance shall take effect immediately from and after its passage. Sec. 6. THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. th The first reading and public hearing being conducted on the 7 day of January 2014. st The second reading and public hearing being conducted on the 21 day of January 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Colleyville, Texas, Land Development Code Section 3.26 Fences, Free Standing Walls, and Screening Materials A.Scope 1.This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2.No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3.For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B.Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in of this Land Chapter 2 Definitions Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C.Maintenance 1.All fences erected as provided forin this section shall be maintained in good condition. 2.A fence shall not lean more than one inch out of vertical for each foot of height as measured from the top of the fence. 3. The owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days of, the day the owner received notice from the Administrative Official, with the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made. No permit is required for repairs as defined in this ordinance. The Administrative Officialmay, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required. The Administrative Officialshall not extend the replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the Administrative Officiala written scope and schedule detailing materials and estimated time period of the completed replacement for approval. 4.A fence shall be maintained in sound structural condition as a whole or completely removed, including post(s). 5.Property owners shall maintain fences, including those existing prior to the adoption of this Ordinance, at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed. 6.Property owners shall regularly paint fence supports, gates, structural members and exterior surfaces that are covered with paint to prevent rusting, peeling or blistering surfaces. 7.Existing fences that were constructed prior to the adoption of this Ordinance that were constructed with materials not currently permitted by this Ordinance may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance. If the Administrative Officialdetermines the fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials approved by this Ordinance or be removed. Chapter 3 - Land Use Page 3 - 1 Exhibit "A" Colleyville, Texas, Land Development Code 8.The construction of a fence or wall on the property line shall not preclude the property owner’s responsibility to maintain and keep the area between thefence and an adjacent fence on a neighboring property, theproperty line to the back of curb or edge of the pavement or center of alley, free and clear of debris and high weeds. D.General Requirements/Prohibitions for all Fences and Fee-standing Walls 1. Screening Required in Residential Districts: a.Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side andrear property lines of such nonresidential use with a decorative masonry wall of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off- streetloading areas of any non-residential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with a decorative masonry wall of not less than (8) feet in height or a landscaped berm. b.Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side andrear property lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot with a decorative masonry wall of not less than eight (8) feet in height or a landscaped berm. c.Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: a. Where a nonresidential use abuts a residential lot, useor district, the side and rearproperty lines abutting said residential lot, use or district shall be suitably screened,with a decorative masonry wall, by the nonresidential use so as to obscure the view from theresidential lot, use or district to the nonresidential use to a height not less than eight(8) feet. b.Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c.In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height and shall be composed of decorative masonry material d.Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use with a decorative masonry wall of not less than eight feet in height or a landscaped berm. e.All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. f.All required screening between residential and commercial, institutional, multifamily and mobile home uses shall be maintained in good condition by the property owner of the commercial, institutional, multifamily and mobilehome use. 3.The following Screening Requirements for Waste, Garbage, Compacting and Recycling Containers: regulations shall apply to all multifamily, mixed-use, institutional and commercial uses where large containers are utilized for the storage or compacting of waste, garbage or recycling materials for any properties where the building permit for the primary structure was issued on or after April 17, 2013: a.All containers shall be fully enclosed by a decorative masonry wall. Chapter 3 - Land Use Page 3 - 2 Exhibit "A" Colleyville, Texas, Land Development Code b.Masonry materials shall match the masonry materials of the exterior wall of the primary structure on the property where the container is located. c.The height of the screening wall shall be a minimum of six feet, or one foot above the height of the container/compactor, whichever is greater, and shall not exceed 10 feet in height. d.The gate shall be composed of solid metal and shall be of a color that matches or compliments the masonry wall. e.The gate shall remain closed at all times. Exception: gates for recycling bins that are accessible to the publicmay remain open provided all recycling material is completely stored within the container. f.Where possible, gates shall be oriented away from the view of any roadway traffic. g.All enclosures and containers shall be located behind all required building setbacks and shall be located a minimum of 25 feet from any properties zoned or used for non-multifamily residential purposes. h.Unless subject to a different requirement as part of an SUP or PUD ordinance, for properties where the building permit for the primary structure was issued before April 17, 2013, the required enclosure and gate may be composed of wood or masonry materials to a minimum height of six feet and the gate must remain closed at all times. Otherwise, said properties shall be exempt from the other provisions of this section. However, loss of any legal-nonconforming status for any property and/or building as described in Section 3.7 in the Land Development Code shall require full compliance with thissection. i.The City shall have the right to remove any container in an enclosure that has been non- compliant with this sub-section for more than 30 days. 4.No fence, screen, free standing wall or other visual barrier shall be so located Obstruction Prohibited: or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit “3-1”. Exhibit “3-1” Obstructions Prohibited 5.No fence, screen, wall or visual barrier shall be Twenty-Five (25) Foot Visibility Triangle Required: located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit “3-2”. Chapter 3 - Land Use Page 3 - 3 Exhibit "A" Colleyville, Texas, Land Development Code Exhibit “3-2” Visibility Triangle 6.Fences constructed of barbed wire and walls topped with broken glass or Barbed Wire Prohibited: surfaced with any like material shall be prohibited except as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 7.Electrical fences and fence charging devices (Underwriters Laboratory approved) Electrical Fences: shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 8.No fence in a residential district shall exceed eight (8) feet in height Eight (8) Foot Maximum Height: above ground level at the fence line. 9.The construction of a fence orwall on the property line shall not Property Owners' Responsibility: preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit “3-3”. Exhibit “3-3” Property Owner’s Responsibility 10.No fence, guy wire, brace or any post of such fence shall be constructed upon or Public Property: cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 11.The construction of a fence or wall in a floodway as shown on the most Floodway Permit Required: recent revision of the "Floodway - Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. 12.All swimming poolsshall be fenced. A solid or chain link type fence or a barrier at Swimming Pools: least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with Chapter 3 - Land Use Page 3 - 4 Exhibit "A" Colleyville, Texas, Land Development Code self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. 13.Pre-Formed Concrete: Pre-formed concrete is a permitted masonry material provided the texture adequately mimics the intended style match, be it wood, brick, stone, etc. Pre-formed concrete fences shall be maintained in good condition including any painted fences. The building official shall approve the final finished surface and reserves the right to deny a fence permit application if the surface does not adhere to these regulations. 14.General Construction Requirements for Wood Fences a.For commercial properties, all vertical posts on fences over four (4) feet in height shall be galvanized steel with a minimum two (2) and three-eighths (3/8”) inch diameter, a minimum fifteen (15) gauge thickness, and set in a concrete footing. Picket fences, split rail fences, ranch style or agricultural fences, or other types of decorative fences approved by the Building Official or his/her designee shall be permitted to use wood posts. b.Concrete footings shall be a minimum of eight (8) inches in diameter. c.For fences less than seven (7) feet in height, posts shall be spaced at a maximum of eight (8) feet on center, set in a concrete footing of no less than twenty-four (24”) inches deep. d.For fences that are seven (7) feetor greater in height, posts shall be spaced at a maximum of six (6) feet on center, set in a concrete footing of no less than thirty-six (36”) inches deep. e.Fence posts attached to or supported by other structures, including retaining walls, shall be provided with foundation and anchorage to prevent movement of structure or retaining wall. f.All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance andsafe condition, free from rot, rust, vandalism and other sources of decay. g.The bottom of the fence shall be designed to prevent ground to wood contact. This can be achieved through the use of a concrete strip poured between the fence supports or by raising the pickets to provide a minimum of two inches between the bottom of the pickets and the ground. Fences located within drainage easements must be approved by the Public Works Director per the requirements of Section 8-170 of the Land Development Code and shall be built such that required drainage and stormwater run-off is not impeded. h.All wood material shall be stained, pressure treated, painted, or adequatelysealed to prevent decay. 15.Sealed Plans Required for Masonry Walls, Columnsand Fences: For all masonry walls, columnsand fences authorized by this Section, required plans and specifications shall be prepared and sealed by aState of Texas registeredengineer and shall consider the site's soil characteristics, wind loadings, and other environmental considerations.Allfield inspections and verifications for anew masonry wall, fence,and column must be approved by the design professional mentionedabove or the professional’s representative. Said inspection approvalmust be submitted to theBuilding Official in writing prior to the City’s final inspection. E.Fence and Free Standing Wall Setback Requirements 1. No fence or free standing wall greater than thirty (30) inches in height andno greater Front Yards: than twenty-five (25) percent solid construction shall extend into the requiredyard on which the primary structure faces. Chapter 3 - Land Use Page 3 - 5 Exhibit "A" Colleyville, Texas, Land Development Code a.The primary fencing material shall be of wrought iron, pre-formed concrete, poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. All poured in place concrete and CMU shall contain an architectural finish. b.On a corner lot, a house shall be deemed to face on that street on which it has it's least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate shall be set back a sufficient distance from theproperty line to allow vehicle queuing space in order to maintain safety and toprevent backup along the street pavement. Sufficient distance shall bedetermined by the Building Official. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 squarefeet, and subdivisions, shall be allowed to construct a perimeter fence within the frontyard setback. Said fencing shall be no greater than eight (8) feet in height and shallhave no greater than twenty-five (25) percent solid construction within the front yard.Allowed construction materials shall be the same as paragraph “1.a” above. Thisexception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30”) in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a.If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the property line, except on any lot having either a required side yard less than fifteen (15’) feet or an existing primary structure setback less than fifteen (15’) feet, then the fence or wall may be constructed with the same setback as the primary structure; or b.If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15’) from the side property line; or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d.If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15’) from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3’) from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3.Except for perimeter subdivision fencing meeting the Adjacent to Undeveloped Property: requirements in paragraph “1.a” above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacentto the street which leads into undeveloped property. See Exhibit “3-4”. Chapter 3 - Land Use Page 3 - 6 Exhibit "A" Colleyville, Texas, Land Development Code Exhibit “3-4” Typical 15’-0” Fence Setbacks 4.Fences and walls meeting all of the construction Rear Fence and Free Standing Wall Setbacks: requirements of paragraph “1.a” above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fencenor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit “3-4”. F.Security Gating Encroachments A front yard fence or screening wall providing support for a security gate and notexceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the frontyard setback of a residential lot when the fence or screening wall meets the followingcriteria and shown in Exhibit “A”.: 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. Chapter 3 - Land Use Page 3 - 7 Exhibit "A" Colleyville, Texas, Land Development Code G.Administration 1.Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from theCommunity Development Department. 2.Application for Permit - Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a.Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b.Name and owner of the property. c.Local address where fence is proposed to be erected. d.Materials and type of fence construction. e.Height of fence. f.Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g.Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. H. Variances 1.Any variance to the provisions of this section shall be heard by the Zoning Board of Adjustment. Chapter 3 - Land Use Page 3 - 8 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas Chapter 8 Plat Review Procedures (Rev. 01/21/201402/21/06) Section 8 – 100Purpose of This Chapter The purpose of this Chapter is to establish regulations which describe the process for the review and approval of subdivision plats, but more specifically to: A. provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; B. encourage the orderly development of the citythrough appropriate growth management techniques assuring the timing and sequencing of development, promoting in-fill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas; C. encourage appropriate protection to environmentally sensitive areas; D. ensure that public facilities and services are available; and E. establish procedures for the review and approval of subdivision plats. Section 8 – 105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: A.Chapter 212 Municipal Regulation of Subdivisions and Property Developmentof the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality’s jurisdiction. B.Chapter 51 General Powers of Municipalities of the Texas Local Government C, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. C.The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution andlaws of the State of Texas. Section 8 – 110Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 General Provisions of this Land Development Code. Section 8 – 115Definitions Definitions applicable to this Chapter may be found in Chapter 2 Definitions of this Land Development Code. Chapter 8 - Plat Review Procedures Page 8 - 1 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas Section 8 – 120Plat Approval Required It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two or more parts, to lay out a subdivision, to lay out a building lot, or to lay out a street, alley, square, park, or other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method for purpose of development. A division of land under these regulations does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated. The provisions of this Chapter shall apply to any development which is intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following shall be applicable to all subdivisions of land: A. It shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the City pursuant to the Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or created in violation of this Chapter. C. All plats and subdivisions shall conform to the rules and regulations set forth herein. D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, where the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of a subdivision plat. Section 8 – 125Plat Required for Building Permit No building permit shall be approved for any lot, tract or parcel of land unless and until a plat has been approved in accordance with this Land Development Code, except as provided as follows: A. Residential Structures - A building permit for an addition to, or renovation of, an existing residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. B. Non-residential Structures - A building permit for an addition to, or renovation of, an existing non- residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primarystructure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-constructionactivities. C. Platting Exemption for Certain Accessory Buildings - A building permit for an accessory structure may be issued on an un-platted lotin the Agricultural District. D. Public Facilities Available - No building permit for a primary building will be issued until all public facilities have been installed and have been approved and accepted by the City or provision, acceptable to the City,has been made by the developer for such public facilities. Chapter 8 - Plat Review Procedures Page 8 - 2 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas Section 8 – 130Approval Authority Over SubdivisionPlats A.Approval of Plats Required –In accordance with Chapter 212.004 of the Local Government Code, the Planning and Zoning Commission shall approve all subdivision plats, provided said plat conforms to the requirements and specifications of this Land Development Code. In addition to the requirement of approval of subdivision plats by the Planning and Zoning Commission, the City Council shall also be required to approve subdivision plats, except for the approval of minor plats or amending plats.In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Council, the plat approved by the City Council shall prevail. The approving body for all subdivision plats shall be in accordance with the following table: Approving Body Responsible for Approving Plats Classification of PlatStaff P&ZCouncil noyesno Combination Preliminary/Final Plat Preliminary Platsnoyesnoyes Final Platsnoyesnoyes Minor Platsyesnono *yesnoNo Replatnoyesno Amending Platsyesno *no** * The Planning and Zoning Commission shall have the authority to approve aMinor Plat and annAmending Plat which has not been approved by City Staff. ** The Planning and Zoning Commission may additionally require the approval of an amending plat by the City Council. B.Preliminary,Finalor Combination Preliminary/FinalPlat Approval by the Planning and Zoning Commission - The Planning and Zoning Commission shall approve ordisapprove a Preliminary,Finalor Combination Preliminary/FinalPlat. If the application includes a request for a waiver or modification of a platting regulation, the City Council must alsoapprove the request. C.Replat Approval by the Planning and Zoning Commission - The Planning and Zoning Commission shall approve or disapprove a Replat. If the application includes a request for a waiver or modification of a platting regulation, the City Council mayapprove the requestupon appeal by the applicantto the decision of the Planning and Zoning Commission. DB. Minor Plat Approval by Planning and Zoning CommissionStaff – The Community Development DirectorPlanning and Zoning Commission shall be authorized to approve or disapprove a Minor Plat, as defined by this Land Development Codeprovided said plat conforms to the requirements and specifications of this Land Development Code, without the additional approval of the Planning and Zoning CommissionCity Council. If the application includes a request for a waiver or modification of a platting regulation, the Planning and Zoning Commission shall have the authority to approveor disapprovethe request. The City Council may approve the request upon appeal by the applicant to the decision of the Planning and Zoning Commission.The Planning and Zoning Commission may require the additional approval of any Minor Plat or waiver request by the City Council.The Community Development Director, may not disapprove a Minor Plat, but shall refer any Minor Plat which he/sherefuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. EC. Amending Plat Approval by Staff – The Community Development DirectorCity Manager, or his designee, shall be authorized to approve an Amending Plat as defined by the Local Government Code, provided said plat conforms to the requirements and specifications of this Land Development Code. If the Chapter 8 - Plat Review Procedures Page 8 - 3 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas application includes a request for a waiver from the subdivision requirements, the Community Development Directorthe City Manager, or his designee, shall present the amending plat to the Planning and Zoning Commission for approval. The Planning and Zoning Commission shall have the authority to approve the Amending Plat. The Planning and Zoning Commission may require additional approval of any Amending Plat by the City Council. The Community Development DirectorThe City Manager, or his designee, may not disapprove an Amending Plat, but shall refer any Amending Plat which he refuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. FD. Appeal Procedure – A subdivision plat that has been deniedby the Planning and Zoning Commission may be appealed to the City Council for consideration at the next available public meeting. In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Council, the plat approved by the City Council shall prevail. Section 8 – 135 Procedure for Approval of Subdivisions A.Time Periodfor Taking Action – ThePlanning and Zoning Commissionapproving bodyshall approve or disapprove a subdivision application within thirty (30) days after the date the subdivision application is filed as provided in this Chapter. A subdivision application is considered approved if the Planning and Zoning Commission approving body fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty day time period for action by the Planning and Zoning Commissionapproving body, provided said request issubmitted in writing. B. Additional Time Period for City Council Approval – Where City Council action is requiredor requestedon a subdivision application as provided in this Chapter, the action shall be taken no later than thirty (30) days after the date the subdivision application was consideredby the Planning and Zoning Commission. A subdivision is considered approved if the City Council failsto act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty day time period for action by the City Council, provided said request is submitted in writing. C.Certificate of Compliance – In cases where the City fails to act on a subdivision application within the thirty day time period, theCommunity Development DirectorAdministrative Official, upon written request, shall issue a certificate of compliance stating the date the subdivision was filed and that the City failed to act on the subdivision application within the specified time. D.Authorization to Sign Plats – The approval of a platby the approving bodyby the City Council, or in the case of a Minor or Amending plat by the staff or Planning and Zoning Commission, shall constitute authority for the, Community Development Director or, theChairman and Secretary of the Planning and Zoning Commission and/or the Mayor and City Secretary,or staff to execute said plat, and shall constitute approval for recording in the County Clerk’s Office of Tarrant County. E. Modification of Conditions – Where the approving bodyfinds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve modifications of conditions to these platting regulations so that substantial justice may be done and the public interest secured. Such a finding by the City shall not have the effect of nullifying the intent and purpose of these platting regulations. F. Completeness Determination – Every subdivision plat application shall be subject to a determination of completeness by theAdministrative Official as provided for in this Section. 1. No later than the tenth business day from the date the application is received, the Administrative Official shall make a written determination that all documents required by the Land Development Code for a subdivision plat submittal have been received. 2. The applicant shall be provided written noticeof any deficient documentsno later than ten (10) business days from the date the application is received. The determination shall specify the Chapter 8 - Plat Review Procedures Page 8 - 4 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information are not provided. For purposes of this Section, the applicant shall bedeemed to have been notified if the City has mailed a copy of the determination as provided herein. 3. The processing of an application by any City official or employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing, 4. A determination of completeness by the Administrative Official shall not constitute a determination of compliance with the substantive requirements of the Land Development Code. G. Expiration of Application – If a subdivision plat application is not completed on or before the 45th day after the application is received by the Administrative Official for processing, the application will be deemed to have expired. Thereafter, a new subdivision plat application must be submitted, including payment of the applicable application fee. The City shallretain any fee paid for reviewing the original application for completeness. H. Incompleteness as Grounds for Denial – No subdivision platapplication shall be scheduled for action by an approving body unless it is determined that the application is complete and all required items, studies and documents have been submitted to and received by the City, unless the applicant has provided a written request for a waiver or modification of said requirement. An incompletesubdivisionapplication shall be grounds for denial or revocation of the application. No vesting right shall accrue from the filing of an application that has expired pursuant tothis Section, or from the filing of a complete application that is subsequently denied. I.Official Plat Submittal Date –The date from which the statutory period requiring approval or disapproval of a subdivision plat application shall commence on the date the Administrative Official responsible for processing subdivision plat applications has determined the application to be complete and marked said date on the application and has scheduled said application for action by the approving body. J. Development Review Committee – The City Manager shall designate a Development Review Committee (DRC) which shall be an advisory committee to the Planning and Zoning Commission and have responsibility for providing comments and recommendations on subdivision applications. In addition, the Development Review Committee shall submit comments and recommendations on vacation of public rights-of-way or easements and site plan reviews required by this Code. The Administrative Official responsible for subdivision review shall coordinate the actions of the Development Review Committee. K. DRC Review – Copies of subdivision plat applications shall be distributed to the Development Review Committee (DRC) members for technical review. The DRC shall provide written comments and recommendations on the proposed development to the Administrative Official. The Administrative Official responsible for subdivision review shall compile a report of the written comments received from the DRC and provide a copy of said report to the subdivider within five (5) working days following the day of receipt of all staff comments. The subdivider shall submit revised copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or provide written responseas to why such modification is not proposed. L. Consistency with Master Plans – No subdivision plat shall be approved which is not consistent with the Colleyville Master Plan, the Parks Development Plan, and trail systems plans of the City. M. Compliance with Zoning – No subdivision plat shall be approved that is not consistent with the existing zoning regulations applicable to the property being platted, unless a rezoning application is pending that will provide consistency with the proposed development. N. Public Facilities – No subdivision application shall be approved by the City unless the Director of Public Works has reviewed the construction plans for the proposed public improvementsand has determined that the public facilities will be adequate to support and service the area of the proposed subdivision. To expedite the review process, the Director of Public Works may accept a written offer by the developer as satisfactory evidence that public improvement requirements of the Land Development Code will be satisfied. The Director of Public Worksmay require the applicant tosubmit sufficient information and data Chapter 8 - Plat Review Procedures Page 8 - 5 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas to demonstrate that the existing public facilities are adequate to serve the proposed subdivision. Public facilities and services to be examined for adequacy shallinclude drainage facilities, roads, sewage, and water systems. Public facilities shall be designed and constructed in accordance with the requirements contained in this Land Development Code. Said proposed public improvements shall conform to and be properly related to the Colleyville Master Plan and all applicable capital improvement plans, including but not limited to the following: 1.Master Thoroughfare Plan – All subdivisions shall be designed to coordinate with the right-of-way widths and street patterns shown on the Master Thoroughfare Plan. 2.Water System - All lots shall be served by a public water system capable of providing water for health and emergency purposes, including adequate fire protection. Proposed water system improvements shall be consistent with the Master Water System Plan. 3.Wastewater Collection System - All lots shall be served by an approved means of wastewater collection and treatment. Proposed sewer system improvements shall be consistent with the Master Wastewater Collection System Plan. 4.Storm Water Management -The Director of Public Works may require the use of control methods such as retention or detention, and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. Any proposed drainage system improvements shall be consistent with the Master Storm Water Management Plan. O. Records Maintenance – The Administrative Official responsible for subdivision review shall maintain a recordof each application submitted under this Chapter, and the action taken on the application. P. Dedication Offers – All streets, drainage ways, parks, and other rights-of-way or public easements shown within a subdivision plat and intended for public useshall be offered for dedication as part of the approval of a plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated and available for acceptance by the City in accordance with the requirements of this Section. 1.Whenever a subdivision proposes the dedication of land for public use and the City finds that such land is not required or is not suitable for public use, the approving bodyshalleither deny the subdivision application or require the rearrangementof lots to include such land. 2.The approval of a subdivision plat by the City is not considered an acceptance of any dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the City Council makes an actual appropriation of the dedicated parts by entry, use, or improvement. 3.Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications shown thereon. Q. Nuisance Ordinances and Outstanding Liens – No subdivision plat shall be placed on the agenda for action by an approving body in which the Code Enforcement Officer has issued notice to the owner of the property being subdivided that the property being considered for development is in violation of a public nuisance ordinance of the City of Colleyville and the violation has not been abated prior to the subdivision application date. No subdivision plat shall be placed on the agenda for action by an approving body that has an outstanding delinquent lien payable to the City of Colleyville. R. Frontage on Public Access Required – Every lot shall have frontage on a public streetright-of-way. Said frontage shall not be less than eighty percent (80%) of the minimum required lot width established for the zoning district. In non-residential areas, access to a lot with a public access easement that is acceptable by the City as meeting the minimum requirements to provide public ingress and egress and for adequate emergency vehicle access may be allowed in lieu of a public street right-of-way. S. Plats Straddling or Adjacent to Municipal Boundaries – Whereaccess to a proposedsubdivision is required across land in an adjacent city, the Administrative Official shall coordinate the review of the plat with the adjacent city and the approving bodyPlanning and Zoning Commission shallrequire written Chapter 8 - Plat Review Procedures Page 8 - 6 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas approval from the adjacent city. T. Official City Map – The Administrative Official responsible for subdivision review shall maintain an Official City Map, which shall indicate all subdivisions, lots and street rights-of-way. Subdivision plats hereafter approved shall be placed on the Official Map in a timely order and include the names of all streets and street suffix classifications. Where street name inconsistenciesexist, from one subdivision to another, the Administrative Official shall place on the Official City Map the generally accepted street name, its proper spelling, and suffix classification. The Administrative Official responsible for subdivision review shall assign street address ranges for each block and coordinate these with the Office of the Fire Marshaland other emergency service providers. U. Enforcement of Chapter – In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this Chapter by injunction issued by a court of competent jurisdiction. Section 8 – 140 Preliminary Plats A.Preliminary Plat Classification – Submittal of a Preliminary Plat is the first of a two step processfor approval of a subdivision plat. The Preliminary Plat procedure shall be used when the property proposed for development is not platted as defined in this Chapter, does not qualify as a minor plat, and will be platted in more than one phase. The purpose of the Preliminary Plat procedure is to allow a subdivider to submit an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel of land before proceeding to the final platting processwhere the development willinvolve more than one phase of construction. B.Platting all Land in Common Ownership – The Preliminary Plat shall include all contiguous holdings of the owner, including land in “common ownership” as defined in this Chapter, with an indication of the portion which is proposed for subdivision. C.Phasing of Preliminary PlatPhasings –In the event that the property indicated is to be final platted in phases, Tthe Preliminary Plat shall clearly indicate the parcels of land to be included in the phasing. Subsequently, Final Plats shall generally comply with the phasing lines indicated on the Preliminary Plat. Significant departure from the phase lines indicated on the Preliminary Plat shall require an amendment to the Preliminary Plat prior to further final platting of property. D.Effect of Approval – Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall be signed by the Administrative Official and kept for public record. Said approved Preliminary Plat shall reflect any and all revisions to the original submitted Preliminary Plat as was directed by the Planning and Zoning Commission and/or City Council which were made a condition of approval. Approval of the Preliminary Plat shall not constitute final acceptance or approval of the subdivision nor shall the approval of the Preliminary Plat confer any vesting rights in the arrangement of lots, streets and other features on the Final Plat. Approval of the Preliminary Plat shall constitute authority to proceed with the FinalPlat process as described in this Chapter. E.Expiration of Approval – Approval of a Preliminary Plat shall expire after twelve (12) months from the date of approval, unless a Final Plat is submitted for all or part of the area that has received Preliminary Plat approval. The approving body may approve a time extension upon written request from the developer or may waive the twelve month termination period when the Final Plat is determined to be consistent with the approved Preliminary Plat and no additional standards have been adopted by the City. F.Re-submittal of Preliminary Plat – When a Preliminary Plat is disapproved, the subdivider, at any time thereafter, may submit a new design for approval, following the same procedures as required for the original application, including the payment of application fees. G.Preliminary Plat Exhibits – The subdivider shall file an application for approval of a Preliminary Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: Chapter 8 - Plat Review Procedures Page 8 - 7 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas 1. Preliminary Plat Application – The application shall be on forms furnished by the Administrative Official. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Preliminary Plat Drawing – The plat drawing shall contain the information listed in Section 8 - 18065 Required Plat Information, where applicable. 3. Preliminary Drainage Information– The subdivider shall submit a PreliminaryDrainage Analysis to determine the need for drainage facilities, unless the Director of Public Works has determined that a Preliminary Drainage Analysis is not necessary at time of platting. The Preliminary Drainage Analysis shall be prepared in accordance with the drainage analysis requirements contained in Chapter 14 Engineering Design Standards of this Land Development Code. 4. Preliminary Utility Plan – The subdivider shall submit preliminary construction drawings which shall indicate the generallocation and approximate sizes of all existing and proposed public utilities, unless the Director of Public Works has determined that nopublic utility improvements are necessary. The size of all proposed water and sewer lines shall be determined using the design criteria contained in Chapter 14 Engineering Design Standards of this Land Development Code. 5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees. 6. Nuisance Compliance Certification – The Code Enforcement Officer shall providecertification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. 7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. H.Grading Site Prior to Final Approval – Following Preliminary Plat approval, the developer may apply for an earthwork permit and upon approval of said permit may commence construction to the grades and elevations required by the Preliminary Plat. Section 8 – 145 Final Plats A.Final Plat Classification – Approval of a Final Plat is the second step in the process for approval of a subdivision plat. The Final Plat procedure shall be used when the property proposed for development has been previously approved as a Preliminary Plat, was not submitted as a Combination Preliminary/Final Platand conforms to the requirements of this Chapter. The purpose of the Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivision. 1.Minor Plats:A Minor Plat submittal shallbe used when the property proposed for development is not platted, contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allowa subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and approval of a small subdivision where no new public street is created. Where applicable, the Minor Plat submittal shall contain the same exhibits as a Final Plat submittal. 2.Replats:A Replat submittal shallbe used when a previously platted property is proposed for redevelopment. A Replat may include an additional parcel of un-platted property when the size of the un-platted portion does not dictate the submittal of a Preliminary Plat. The Administrative Official responsible for subdivision review shall review each Replat application and determine whether or the not the size of the un-platted portion of the proposed development warrants the submittal of a Preliminary Plat. Where applicable, the Replat submittal shall contain the same exhibits as a Final Plat submittal. Chapter 8 - Plat Review Procedures Page 8 - 8 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas 3.Additional Criteria for Replats:The following additional criteria for approval shall apply in the re- subdivision of an existing plat, without vacating the immediate previous plat: a.A public hearing shall be required on the Replat at which interested parties and citizens have an opportunity to be heard. b.If any of the proposed area to be re-subdivided or re-platted, within the immediate preceding five years, was limited by any interim or permanent zoning classification to residential usefor not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, notice of the public hearing shall be given in advancein the following manner: i.Publication at least 15 days before the date of the hearing in a newspaper of general circulation in the City. ii.A written notice of the public hearing shall be forwarded no less than fifteen (15) days prior to the day of the hearing to the owners (as the ownership appears on the last approved ad valorem tax roll) of all lots in the immediate preceding plat that are within 200 feet of the lots to be re-platted. The notice may be served by depositing it properly addressed and postage paid, in the United States post office. c.If the proposed replat requires a waiver of a requirement and is protested in accordance with this section, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the Planning and Zoning Commission and/or City Council. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission and City Council prior to the closing of the public hearing. In computing the percentage of land area, the area of streets and alleys shall be included. 4.Compliance with paragraphs (2) & (3) isnot required for approval of a replat or a portion of a prior plat if the area to be re-platted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. B.Final Plat Prerequisites – Unless exempt from the requirements of Preliminary Plat approval, no Final Plat shall be placed on theagenda for action by the approving body until a Preliminary Plat of a subdivision has been previously approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a subdivider may file an application for approval of a Final Plat. The Final Plat shall conform to the Preliminary Plat as approved and incorporate any and all changes, modifications, corrections and conditions imposed by the prior approval. A Final Plat will not be presented to the approving body for consideration, which fails to incorporate the recommendations of the Preliminary Plat approval. C.Final Plat Exhibits – The subdivider shall file an application for approval of a Final Plat with the Administrative Official responsible for subdivision review, which shall containthe following exhibits to be considered complete: 1. Final Plat Application – The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Final Plat Drawing – The plat drawing shall contain the information contained in Section 8 - 18065 Required Plat Information of this Land Development Code. 3. Drainage Information – The subdivider should discuss with the Director of Public Works the need to submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code. Chapter 8 - Plat Review Procedures Page 8 - 9 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas 4.Construction Drawings– When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Final Plat.The construction drawings shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code and shall be prepared and sealed by aRegistered Professional Engineer, licensed to practice in the State of Texas. 5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverageof trees. These documents are not necessary if they have been submitted with the Preliminary Plat. 6. Nuisance Compliance Certification – The Code Enforcement Officershall providecertification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. 7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. Section 8 – 150Combination Preliminary/Final Plat A.Combination Preliminary/FinalPlat Classification – Approval of a Combination Preliminary/Final Plat may occur when a plat is submitted that involves more than four lots and will include a new street but will not be phased but, instead, will be developed in a single phase. The purpose of the Combination Preliminary/Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivisionin a single application. B.Combination Preliminary/FinalPlat Exhibits – The subdivider shall file an application for approval of a Combination Preliminary/Final Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Combination Preliminary/FinalPlat Application – The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the propertyowner is required. 2. Plat Drawing – The plat drawing shall contain the information contained in Section 8 - 180Required Plat Information of this Land Development Code. 3. Drainage Information – The subdivider should discuss with the Director of Public Works the need to submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technicalspecifications contained in Chapter 14 Engineering Design Standards of this Land Development Code. 4.Construction Drawings– When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Combination Preliminary/Final Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees. 6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. Chapter 8 - Plat Review Procedures Page 8 - 10 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas 7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official.The fee for a Combination Preliminary/Final Plat shall be the same as the fee for a Final Plat. Section 8 – 155MinorPlats A. Minor Plats:A MinorPlat submittal shall be used when the property proposed for development is not platted, contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allow a subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and approval of a small subdivision where no new public street is created. Where applicable, the Minor Plat submittal shall contain the same exhibits as a Final Plat submittal. B.MinorPlat Exhibits – The subdivider shallfile an application for approval of a MinorPlat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. MinorPlat Application – The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Plat Drawing – The plat drawing shall contain the information contained in Section 8 180 Required Plat Information of this Land Development Code. 3. Drainage Information – The subdivider should discuss with the Director of Public Works the need to submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code. 4.Construction Drawings– When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the MinorPlat. The construction drawings shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees. 6. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. 7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. Section8– 160 Replats A.Replats:A Replat submittal shall be used when a previously platted property is proposed for redevelopment. A Replat may include an additional parcel of un-platted property when the size of the un-platted portion does not dictate the submittal of a Preliminary Plat. The Administrative Official responsible for subdivision review shall review each Replat application and determine whether or the not the size of the un-platted portion of the proposed development warrants the submittalof a Preliminary Plat. Where applicable, the Replat submittal shall contain the same exhibits as a Final Plat submittal. Chapter 8 - Plat Review Procedures Page 8 - 11 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas B. Additional Criteria for Replats:The following additional criteria for approval shall apply in the re- subdivision of an existing plat, without vacating the immediate previous plat: 1. A public hearing shall be required on the Replat at which interested parties and citizens have an opportunity to be heard. 2. If any of the proposed area to be re-subdivided or re-platted, within the immediate preceding five years, was limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, notice of the public hearing shall be given in advance in the following manner: a. Publication at least 15 days before the date of the hearing in a newspaper of general circulation in the City. b. A written notice of the public hearing shall be forwarded no less than fifteen (15) days prior to the day of the hearing to the owners (as the ownership appears on the last approved ad valorem tax roll) of all lots in the immediate preceding plat that are within 200 feet of the lots to be re-platted. The notice may be served by depositing it properly addressed and postage paid, in the United States post office. 3. If the proposed replat requires a waiver of a requirement and is protested in accordancewith this section, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the Planning and Zoning Commission and/or City Council. For a legal protest, written instruments signedby the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission and City Council prior to the closing of the public hearing. In computing the percentage of land area, the area of streets and alleys shall be included. C. Compliance with paragraphs (a) & (b) isnot required for approval of a replat or a portion of a prior plat if the area to be re-platted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. D. Replat Exhibits – The subdivider shall file an application for approval of a replat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1.ReplatApplication – The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2.Plat Drawing – The plat drawing shall contain theinformation contained in Section 8 - 180 Required Plat Information of this Land Development Code. 3.Drainage Information – The subdivider should discuss with the Director of Public Works the need to submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code. 4.Construction Drawings– When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Minor Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. Chapter 8 - Plat Review Procedures Page 8 - 12 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas 5.Tree Survey – Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees. 6.Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. 7. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. Section 8 - 16550Amending Plats A.Amending Plat Classification – The Amending Plat procedure shall be used when making a minor change to an existing subdivision. These changes must not be substantive, nor create any new lots. Notice, public hearing, and the approval of other lot owners is not required for the approval of an Amending Plat. B.Amending Plat Procedures – The City is authorized to approve an Amending Plat which is signed by the property owners, and which is for one (1) or more of thepurposes set forth in this Section, and such approval shall not require notice, hearing or approval of other lot owners. Amending Plats in accordance with the provisions of this Section shall be approved if the sole purpose of the Amending Plat is to: 1. Correct an error in any course or distance shown on the prior plat; 2. Add any course or distance that was omitted on the prior plat; 3. Correct an error in the description of the real property shown on the prior plat; 4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged with the responsibilities for setting monuments; 5. Show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; 6. Correct any other type of scrivener or clerical error or omission as previously approved by the City; such errors and omissions may include, but are not limited to, numbers, acreage, street names and identification of adjacent recorded plats; 7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment, and neither lot is abolished; provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; 8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; 9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: a.Attempt to remove recorded covenants or restrictions; or b.Increase the number of lots; or c.Remove or otherwise abandon any easement or right-of-way. 10.To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part of the subdivision covered by the preceding plat if; a.the changes do not affect applicable zoning and other regulations of the municipality; Chapter 8 - Plat Review Procedures Page 8 - 13 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas b.the changes do not attempt to amend or remove any covenants or restrictions; and c.the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or 11.To replat one or more lots fronting on an existing street if: a.the owners of those lots join in the application for amending the plat; b.the amendment does not attempt to remove recorded covenants or restrictions; c.the amendment does not create or require creation of a newstreet or make necessary the extension of municipal facilities. C.Amending Plat Exhibits – The subdivider shall file an application for approval of an Amending Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Amending Plat Application – The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Amending Plat Drawing – The plat drawing plat contain the information contained in Section 8 - 165 Required Plat Information of this Land Development Code, where applicable. 3.Drainage Information – As determined by the Director of Public Works, the developer shallsubmit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code 4.Construction Drawings– When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Nuisance Compliance Certification – The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances. 6. Fees – The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. Section 8 - 17055Official Plat Recording A.Required Filing Documents – No subdivision plat shall be filed of record withthe Tarrant County Clerk’s Office unless the following are complete: 1.The plat has been drawn on mylar reproducible film or other permanent material, contains all required signatures, including the signature of the Planning and Zoning Commission Chairman, and/or the Mayor, or City staff, as applicable; and 2.All applicable fees have been received. Chapter 8 - Plat Review Procedures Page 8 - 14 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas B.Construction Prior to Official Filing – No construction of public improvements shall be allowed and no permits for building construction shall be approved until the subdivision plat has been filed of record with the Tarrant County Clerk’s Office. C.Maximum Approval Period – The approval of a subdivision plat shall expire one-hundred and eighty (180) days from the date of approval by the approving body, unless the subdivision plat has been filed of record withas provided in this Section. D.Re-approval Required – No subdivision plat shall be filed of record with the Tarrant County Clerk’s Office where the approval time period has expired, unless the approving body has approved a re-submittal of the plat application and payment of plat application fee. Section 8 - 17560Vacation of Plats A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold. If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of lots in the plat and with the approval of the City obtained in the manner prescribed for the original plat. Section 8 - 18065Required Plat Information The applicant requesting subdivision plat approval shall submit the required number of copies of a plat drawing as determined by the Administrative Official and which complies with this Section. 1.All plat drawings shall contain the following information where applicable: a.Owner / Subdivider - The names and addresses of the subdivider and the current owner of record. b.Surveyor Name - The name, address and telephone number of the surveyor responsible for the plat which shall contain the seal of a Texas Registered Professional Land Surveyor. c.Subdivision Name - If the land to be platted is situated within or adjacent to an existing subdivision, that plat may take the name of the existing subdivision, subject to the approval of the City. The name of the proposed subdivision shall be clearly shown with large letters and shall not be a duplication of any existing subdivision name, whether by spelling or pronunciation, or similar to any other subdivision within the City. The plat drawing shall indicatewhether the plat is a Preliminary Plat, Final Plat, Replat, or Amending Plat. d.Location Map - A location map showing the tract by reference to streets or highways. e.Date - The date the plat was prepared. f.Scale & North Arrow - The plat shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. g.Subdivision Boundary Lines - The subdivision boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for platting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. h.Metes and Bounds Description - A written metes and bounds description of the property shall be shown on the plat and be capable of reproducing such lines upon the ground with a closure error of less than 1:25,000. The legal description shall include reference to an original survey, subdivision Chapter 8 - Plat Review Procedures Page 8 - 15 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas corner, orthe Texas Coordinate Systemof 1983, North Central Zone. The legal description shall include the acreage of the total area of the proposed subdivision and be consistent with the subdivision boundary. The legal description shall contain information to show the last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. i.Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files; if the adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining streets are to be shown. j.Street Rights-of-Way - The width of all public street rights-of-way shall be shown on the plat. The general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall be shown for all curves. The distance from the centerline of any existing roadway of a boundary street to the proposed subdivision shall be shown to determine the adequacy of right-of-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. k.Permanent Structures - The location and general outline of any existing permanent structures with sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set-back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. l.Building Set-back Lines - Front building set-back lines shall be indicated by dashed lines on all lots in accordance with the requirements of the applicable zoning district. Side yard building set-back lines shall be indicated by dashed lines on the side yards of lots with side street frontage. Additional building set-back may be required by the City. Existing building set-back lines on adjacent properties shall be shown, where applicable. m.City Limit Lines - The general location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the platand referenced per city maps, only. n.Easements - The location and dimension of all existing or proposed easements shall be shown on the plat drawing indicating whether such easement is for any specific purpose. General easements for the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided along each side of all rear property lines. If necessary for the extension of water or sewer mains, storm drainage or other utilities, easements of greater width shallbe required along lot lines or across large lots. In all cases, easements shall connect with easements already established on adjoining properties or extend to connect with a public right-of-way. No lot shall be shown with an easement which prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. o.Lot and Block Numbering - All lots and blocks shall be consecutively numbered, or lettered in alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or lettered consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder than lot numbers or circled to make identification clear. Any lot or block which is planned as an ‘out- parcel’ shall be numbered and designated on the plat with notation regarding any development restrictions. p.Sheet Size - Map sheets shall be of such size as are acceptable for filing in the Tarrant County Clerk’s Office, and shall not exceed twenty-four by thirty-six (24"x 36") inches, but may be eighteen by twenty-four (18" x 24") inches, with a binding margin of not less than one and one-half inches on the left side of the sheets. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. q.Plat Notes and Conditions - When appropriate, the plat shall contain a listing of any Plat Notes and Plat Conditions in a readily identifiable location with each note numbered consecutively. Chapter 8 - Plat Review Procedures Page 8 - 16 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas r.Public Use Areas - The location and dimensions of all property proposed to be set aside for public use or common reservation shall be shown on the plat drawing, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation. s.Street Names - All street names shall be shown on the plat. New street names shall be sufficiently different in sound and in spelling from other street names in the city to avoid confusion. The continuation of an existing street shall bear the same name. t.Phasing of Plats-–For Preliminary plats, tThe plat drawing shall indicate any phasing of the proposed subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall layout and phasing, unless a revised Preliminary Plat is submitted and approved in accordance with this Chapter. However, a subsequent reduction of a phase maybe considered provided that it conforms to the original street arrangement. u.Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the exact dimension shown on all other plats with accuracy to one-hundredth’s of one foot. The dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable zoning district. v.Flood Plain Features - The location of the 100-year flood limits, if applicable, shall be shown on the plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in the 100 year flood-prone area, the developer will be required to comply with the Flood Damage Prevention Ordinance. - w.Irregular Side Lot Lines Side lot lines which are not perpendicular to the street right-of-way shall be indicated with bearing and distance. x.Lot Areas - The area for each lot expressed in square feet shall be shown on the plat. y.Survey Notes - The Final Plat shall be accompanied by one (1)set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the plat. z.Certification Blocks – All plats shall contain the appropriate certification blocks which shall be similar to those shown. Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _______ day of ____________________________________, 20__, to approve this Plat. ____________________________________ Chairman, Planning and Zoning Commission _____________________________________ Attest: Secretary, Planning and Zoning Commission City Council Approval Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this ____________ day of ______________________________________, 20__, to approve of this Plat. ________________________________________________ Mayor, City of Colleyville ________________________________________________ Attest: City Secretary Chapter 8 - Plat Review Procedures Page 8 - 17 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas Staff Approval Authority This amendingor minorplat is approved in accordance with Section 212.0065of the Texas Local Government Code and the City ofColleyville Subdivision Regulations _______________ Date _____________________________________________ Community Development DirectorManager _____________________________________________ Director of Public Services Surveyor’s Certification KNOW ALL MEN BY THESE PRESENTS: That I, ________________________________________________________, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground.Further, this survey conforms to the general rules of procedures and practices of the most current Professional Land Surveying Practices Act. _______________________________________________ __________________ Signature Date (Affix Seal) Dedication Certificate WHEREAS, , are the owners of a tract of land situated in the Survey, Abstract N. (#), Tarrant County, Texas, (owners name)(name) and being out of a (#) acre tract conveyed to them by and being more particularly described as follows: (deed reference), (metes and bounds description) NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shown thereon, and do herebyreserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utilityshall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. Witness our hands this _________________________ day of _________________, 20_____. _____________________________________________________________ Owners Name STATE OF TEXAS }{ Chapter 8 - Plat Review Procedures Page 8 - 18 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas COUNTY OF TARRANT }{ Before me, the undersigned Notary Public in and for said county and State on this day personally appeared __________________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office this _______ day of ______________________________, 20____. _____________________________________ Notary Public in and for Tarrant County (affix seal) _____________________________________ My printed name _____________________________________ My commission expires: Section 8 – 18570Easement and Right-of-Way Encroachments (Ord. O-01-1280 / 08/08/01) No building permit shall be issued for any structure that encroaches into or over a public drainage and/or utility easement or public right-of-way, unless an easement encroachment and joint use agreement has been approved inaccordance with the procedures contained in this Section. 1.The applicant must submit a written application on forms furnished by the City, together with the appropriate filing fee, stating the reason for the proposed encroachment. Said application must contain the signature of the property owner or legal agent of the property owner where the encroachment is proposed or of the property that is adjacent to the right-of-way where the encroachment and joint use is proposed. 2.The applicant must provide ametes and bounds description indicating the exact location of the encroachment and a plot plan showing the nature of the improvements proposed within the encroachment area. 3.The application must include written documentation signed by all public utility companies, including the City of Colleyville Public WorksEngineering Department, indicating their consent to the encroachment and joint use of the easement or right-of-way. All public utility companies must approve the encroachment request before any consideration is given by the City of Colleyville. 4.No notification of adjacent properties is required unless, the City Manager, or designated official, determines that the encroachment or joint use has a direct impact on the adjacent properties. 5.Anapplication requesting an easement encroachment may be approved by the City Manager or other designated official. Applications requesting a right-of-way encroachment require approval by the City Council. 6.Upon approval of the request, documents shall be filed in the Tarrant County Deed Records. 7.The application fee shall be set by separate ordinance approved by the City Council. Section 8 – 19075Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. NumberDateSubject Chapter 8 - Plat Review Procedures Page 8 - 19 Proposed Amendments to Chapter 8 Land Development Code City of Colleyville, Texas O-00-126112/19/00Incomplete Submittals / DRC Review O-01-128008/08/01Easement & right-of-way encroachments O-06-156602/21/06 Comprehensive Chapter Revisions O-13-XXXX01/21/2014Revisions to Approval Authority and Plat Classifications Chapter 8 - Plat Review Procedures Page 8 - 20 ORDINANCE O-14-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 8-PLAT REVIEW PROCEDURESOF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00)FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Chapter 8-Plat Review Proceduresof the Land Development Code in its entirety in order to amend approval authority for plats and provide general updates; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter8-Plat Review Procedures of the Land Development Code, is hereby amended in its entirety to read as depictedin the attached Exhibit A. Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the sae penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-14-XXXX Page 2 of 2 Sec. 4.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and violations of this ordinance. Sec. 5.THAT this ordinance shall take effect immediately from and after its passage. Sec. 6. THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. th The first reading and public hearing being conducted on the 7 day of January 2014. st The second reading and public hearing being conducted on the 21 day of January 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Land Development Code City of Colleyville, Texas Chapter 8 Plat Review Procedures (Rev. 01/21/2014) Section 8 – 100Purpose of This Chapter The purpose of this Chapter is to establish regulations which describe the process for the review and approval of subdivision plats, but more specificallyto: A. provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; B. encourage the orderly development of the city through appropriate growth management techniques assuring the timing and sequencing of development, promoting in-fill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas; C. encourage appropriate protection to environmentally sensitive areas; D. ensure that public facilities and services are available; and E. establish procedures for the review and approval of subdivision plats. Section 8 – 105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: A. Chapter 212 Municipal Regulation of Subdivisions and Property Developmentof the Texas Local , which authorizes a municipality to adopt rules governing plats and subdivisions of Government Code land within the municipality’s jurisdiction. B., which authorizes a Chapter 51 General Powers of Municipalities of the Texas Local Government C municipalityto adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. C., which authorizes the City Council to exercise all powers The Home Rule Charter of the City of Colleyville granted to municipalities by the Constitution andlaws of the State of Texas. Section 8 – 110Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in of this Land Chapter 1 General Provisions Development Code. Section 8 – 115Definitions Definitions applicable to this Chapter may be found in of this Land Development Chapter 2 Definitions Code. Chapter 8 - Plat Review Procedures Page 8 - 1 Exhibit "A" Land Development Code City of Colleyville, Texas Section 8 – 120Plat Approval Required It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two or more parts, to lay out a subdivision, to lay out a building lot, or to lay out a street, alley, square, park, or other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method for purpose of development. A division of land under these regulations does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated. The provisions of this Chapter shall apply to any development which is intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following shall be applicable to all subdivisions of land: A. It shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the City pursuant to the Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or created in violation of this Chapter. C. All plats and subdivisions shall conform to the rules and regulations set forth herein. D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, where the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of a subdivision plat. Section 8 – 125Plat Required for Building Permit No building permit shall be approved for any lot, tract or parcel of land unless and until a plat has been approved in accordance with this Land Development Code, except as provided as follows: A. Residential Structures - A building permit for an addition to, or renovation of, an existing residential structure may be issuedon an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existingstructure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. B. Non-residential Structures - A building permit for an addition to, or renovation of, an existing non- residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. C. Platting Exemption for Certain Accessory Buildings - A building permit for an accessory structure may be issued on an un-platted lotin the Agricultural District. D. Public Facilities Available - No building permit for a primary building will be issued until all public facilities have been installed and have been approved and accepted by the City or provision, acceptable to the City,has been made by the developer for such public facilities. Chapter 8 - Plat Review Procedures Page 8 - 2 Exhibit "A" Land Development Code City of Colleyville, Texas Section 8 – 130Approval Authority Over SubdivisionPlats A.Approval of Plats Required –The approving body for all subdivision plats shall be in accordance with the following table: Approving Body Responsible for Approving Plats Classification of PlatStaff P&ZCouncil noyesno Combination Preliminary/Final Plat Preliminary Platsnoyesno Final Platsnoyesno Minor Platsyesno * no Replatnoyesno Amending Platsyesno *no * The Planning and Zoning Commission shall have the authority to approve aMinor Plat and an Amending Plat which has not been approved by City Staff. B.Preliminary,Finalor Combination Preliminary/FinalPlat Approval by the Planning and Zoning Commission - The Planning and Zoning Commission shall approve ordisapprove a Preliminary,Finalor Combination Preliminary/FinalPlat. If the application includes a request for a waiver or modification of a platting regulation, the City Council must alsoapprove the request. C.Replat Approval by the Planning and Zoning Commission - The Planning and Zoning Commission shall approve or disapprove a Replat. If the application includes a request for a waiver or modification of a platting regulation, the City Council mayapprove the requestupon appeal by the applicantto the decision of the Planning and Zoning Commission. D. Minor Plat Approval by Staff – The Community Development Directorshall be authorized to approve a Minor Plat, as defined by this Land Development Codeprovided said plat conforms to the requirements and specifications of this Land Development Code, without the additional approval of the Planning and Zoning Commission. If the application includes a request for a waiver or modification of a platting regulation, the Planning and Zoning Commission shall approveor disapprovethe request. The City Council may approve the request upon appeal by the applicant to the decision of the Planning and Zoning Commission.The Community Development Director, may not disapprove a Minor Plat, but shall refer any Minor Plat which he/sherefuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. E. Amending Plat Approval by Staff – The Community Development Directorshall be authorized to approve an Amending Plat as defined by the Local Government Code, provided said plat conforms to the requirements and specifications of this Land Development Code. If the application includes a request for a waiver from the subdivision requirements, the Community Development Director, shall present the amending plat to the Planning and Zoning Commission for approval. The Planning and Zoning Commission shall have the authority to approve the Amending Plat. The Planning and Zoning Commission may require additional approval of any Amending Plat by the City Council. The Community Development Director, may not disapprove an Amending Plat, but shall refer any Amending Plat which he refuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. F. Appeal Procedure – A subdivision plat that has been deniedby the Planning and Zoning Commission may be appealed to the City Council for consideration at the next available publicmeeting. In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Chapter 8 - Plat Review Procedures Page 8 - 3 Exhibit "A" Land Development Code City of Colleyville, Texas Council, the plat approved by the City Council shall prevail. Section 8 – 135 Procedure for Approval of Subdivisions A.Time Period for Taking Action – Theapproving bodyshall approve or disapprove a subdivision application within thirty (30) days after the date the subdivision application is filed as provided in this Chapter. A subdivision applicationis considered approved if the approving body fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty day time period for action by the approving body, provided saidrequest issubmitted in writing. B. Additional Time Period for City Council Approval – Where City Council action is requiredor requestedon a subdivision application as provided in this Chapter, the action shall be taken no later than thirty (30) days after the date the subdivision application was consideredby the Planning and Zoning Commission. A subdivision is considered approved if the City Council fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty day time period for action by the City Council, provided said request is submitted in writing. C.Certificate of Compliance – In cases where the City fails to act on a subdivision application within the thirty day time period, theCommunity Development Director, upon written request, shall issue a certificate of compliance stating the date the subdivision was filed and that the City failed to act on the subdivision application within the specified time. D.Authorization to Sign Plats – The approval of a platby the approving body, shall constitute authority for the, Community Development Director or, theChairman and Secretary of the Planning and Zoning Commission and/or the Mayor and City Secretary,to execute said plat, and shall constitute approval for recording in the County Clerk’s Office of Tarrant County. E. Modification of Conditions – Where the approving bodyfinds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve modifications of conditions to these platting regulations so that substantial justice may be doneand the public interest secured. Such a finding by the City shall not have the effect of nullifying the intent and purpose of these platting regulations. F. Completeness Determination – Every subdivision plat application shall be subject to a determination of completeness by theAdministrative Official as provided for in this Section. 1. No later than the tenth business day from the date the application is received, the Administrative Official shall make a written determination that all documents required by the Land Development Code for a subdivision plat submittal have been received. 2. The applicant shall be provided written noticeof any deficient documentsno later than ten (10) business days from the date the application is received. The determination shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information are not provided. For purposes of this Section, the applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided herein. 3. The processing of an application by any City official or employee prior to the time the application is determined to be complete shall not be bindingon the City as the official acceptance of the application for filing, 4. A determination of completeness by the Administrative Official shall not constitute a determination of compliance with the substantive requirements of the Land Development Code. G. Expiration of Application – If a subdivision plat application is not completed on or before the 45th day after the application is received by the Administrative Official for processing, the application will be deemed to have expired. Thereafter, a new subdivision plat application must be submitted, including payment of the applicable application fee. The City shallretain any fee paid for reviewing the original application for completeness. Chapter 8 - Plat Review Procedures Page 8 - 4 Exhibit "A" Land Development Code City of Colleyville, Texas H. Incompleteness as Grounds for Denial – No subdivision plat application shall be scheduled for action by an approving body unless it is determined that the application is complete and all required items, studies and documents have been submitted to and received by the City, unless the applicant has provided a written request for a waiver or modification of said requirement. An incompletesubdivisionapplication shall be grounds for denial or revocation of the application. No vesting right shall accrue from the filing of an application that has expired pursuant to this Section, or from the filing of a complete application that is subsequently denied. I.Official Plat Submittal Date –The date from which the statutory period requiring approval or disapproval of a subdivision plat application shall commence on the date the Administrative Official responsible for processing subdivision plat applications has determined the application to be complete and marked said date on the application and has scheduled said application for action by the approving body. J. Development Review Committee – The City Manager shall designate a Development Review Committee (DRC) which shall be an advisory committee to the Planning and Zoning Commission and have responsibility for providing comments and recommendations on subdivision applications. In addition, the Development Review Committee shall submit comments and recommendations on vacation of public rights-of-way or easements and site plan reviews required by this Code. The Administrative Official responsible for subdivision reviewshall coordinate the actions of the Development Review Committee. K. DRC Review – Copies of subdivision plat applications shall be distributed to the Development Review Committee (DRC) members for technical review. The DRC shall provide written commentsand recommendations on the proposed development to the Administrative Official. The Administrative Official responsible for subdivision review shall compile a report of the written comments received from the DRC and provide a copy of said report to the subdivider within five (5) working days following the day of receipt of all staff comments. The subdivider shall submit revised copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or provide written response as to why such modification is not proposed. L. Consistency with Master Plans – No subdivision plat shall be approved which is not consistent with the Colleyville Master Plan, the Parks Development Plan, and trail systems plans of the City. M. Compliance with Zoning – No subdivision plat shall be approved that is not consistent with the existing zoning regulations applicable to the property being platted, unless a rezoning application is pending that will provide consistency with the proposed development. N. Public Facilities – No subdivision application shall be approved by the City unless the Director of Public Works has reviewed the construction plans for the proposed public improvementsand has determined that the public facilities will be adequate to support and service the area of the proposed subdivision. To expedite the review process, the Director of Public Works may accept a written offer by the developer as satisfactory evidence that public improvement requirements of the Land DevelopmentCode will be satisfied. The Director of Public Worksmay require the applicant tosubmit sufficient information and data to demonstrate that the existing public facilities are adequate to serve the proposed subdivision. Public facilities and services tobe examined for adequacy shallinclude drainage facilities, roads, sewage, and water systems. Public facilities shall be designed and constructed in accordance with the requirements contained in this Land Development Code. Said proposed public improvements shall conform to and be properly related to the Colleyville Master Plan and all applicable capital improvement plans, including but not limited to the following: 1.Master Thoroughfare Plan – All subdivisions shall be designed to coordinate with the right-of-way widths and street patterns shown on the Master Thoroughfare Plan. 2.Water System - All lots shall be served by a public water system capable of providing water for health and emergency purposes, including adequate fire protection. Proposed water system improvements shall be consistent with the Master Water System Plan. 3.Wastewater Collection System - All lots shall be served by an approved means of wastewater Chapter 8 - Plat Review Procedures Page 8 - 5 Exhibit "A" Land Development Code City of Colleyville, Texas collection and treatment. Proposed sewer system improvements shall be consistentwith the Master Wastewater Collection System Plan. 4.Storm Water ManagementThe Director of Public Works may require the use of control methods - such as retention or detention, and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. Any proposed drainage system improvements shall be consistent with the Master Storm Water Management Plan. O. Records Maintenance – The Administrative Official responsible for subdivision review shall maintain a record of each application submitted under this Chapter, and the action taken on the application. P. Dedication Offers – All streets, drainage ways, parks, and other rights-of-way or public easements shown within a subdivision plat and intended for public use shall be offered for dedication as part of the approval of a plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated and available for acceptance by the City in accordance with the requirements of this Section. 1.Whenever a subdivision proposes the dedication of land for public use and the City finds that such land is not required or is not suitable for public use, the approving bodyshalleither deny the subdivision application or require the rearrangement of lots to include such land. 2.The approval of a subdivision plat by the City is not considered an acceptance of any dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the City Council makes an actual appropriation of the dedicated parts by entry, use, or improvement. 3.Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications shown thereon. Q. Nuisance Ordinances and Outstanding Liens – No subdivision plat shall be placed on the agenda for action by an approving body in which the Code Enforcement Officer has issued notice to the owner of the property being subdivided that the property being considered for development is in violation of a public nuisance ordinance of the City of Colleyville and the violation has not been abated prior to the subdivision application date. No subdivision plat shall be placed on the agenda for action by an approving body that has an outstanding delinquent lienpayable to the City of Colleyville. R. Frontage on Public Access Required – Every lot shall have frontage on a public streetright-of-way. Said frontage shall not be less than eighty percent (80%) of the minimum required lot width established for the zoning district. In non-residential areas, access to a lot with a public access easement that is acceptable by the City as meeting the minimum requirements to provide public ingress and egress and for adequate emergency vehicle access may be allowed in lieuof a public street right-of-way. S. Plats Straddling or Adjacent to Municipal Boundaries – Whereaccess to a proposedsubdivision is required across land in an adjacent city, the Administrative Official shall coordinate the review of the plat with the adjacent city and the approving bodyshallrequire written approval from the adjacent city. T. Official City Map – The Administrative Official responsible for subdivision review shall maintain an Official City Map, which shallindicate all subdivisions, lots and street rights-of-way. Subdivision plats hereafter approved shall be placed on the Official Map in a timely order and include the names of all streets and street suffix classifications. Where street name inconsistencies exist, from one subdivision to another, the Administrative Official shall place on the Official City Map the generally accepted street name, its proper spelling, and suffix classification. The Administrative Official responsible for subdivision review shall assign street address ranges for each block and coordinate these with the Office of the Fire Marshaland other emergency service providers. U. Enforcement of Chapter – In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this Chapter by injunction issued by a court of competent jurisdiction. Chapter 8 - Plat Review Procedures Page 8 - 6 Exhibit "A" Land Development Code City of Colleyville, Texas Section 8 – 140 Preliminary Plats A.Preliminary Plat Classification – Submittal of a Preliminary Plat is the first of a two step process for approval of a subdivision plat. The Preliminary Plat procedure shall be used when the property proposed for development is not platted as defined in this Chapter, does not qualify as a minor plat, and will be platted in more than one phase. The purpose of the Preliminary Plat procedure is to allow a subdivider to submit an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel of land before proceeding to the final platting processwhere the development will involve more than one phase of construction. B.Platting all Land in Common Ownership – The Preliminary Plat shall include all contiguous holdings of the owner, including land in “common ownership” as defined in this Chapter, with an indication of the portion which is proposed for subdivision. C.Preliminary PlatPhasing –The Preliminary Plat shall clearly indicate the parcels of land to be included in the phasing. Subsequently, Final Plats shall generally comply with the phasing lines indicated on the Preliminary Plat. Significant departure from the phase lines indicated on the Preliminary Plat shall require an amendment to the Preliminary Plat prior to furtherfinal platting of property. D.Effect of Approval – Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall be signed by the Administrative Official and kept for public record. Said approved Preliminary Plat shall reflect any and all revisions to the original submitted Preliminary Plat as was directed by the Planning and Zoning Commission and/or City Council which were made a condition of approval. Approval of the Preliminary Plat shall not constitute final acceptance or approval of the subdivision nor shall the approval of the Preliminary Plat confer any vesting rights in the arrangement of lots, streets and other features on the Final Plat. Approval of the Preliminary Plat shall constitute authority to proceed with the Final Plat process as described in this Chapter. E.Expiration of Approval – Approval of a Preliminary Plat shall expire after twelve (12) months from the date of approval, unless a Final Plat is submitted for all or part of the area that has received Preliminary Plat approval. The approving body may approve a time extension upon written request from the developer or may waive the twelve month termination period when the Final Plat is determined to be consistent with the approved Preliminary Plat and no additional standards have been adopted by the City. F.Re-submittal of Preliminary Plat – When a Preliminary Plat is disapproved, the subdivider, at any time thereafter, may submit a new design for approval, following the same procedures as required for the original application, including the payment of application fees. G.Preliminary Plat Exhibits – The subdivider shall file an application for approval of a Preliminary Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. – The application shall be on forms furnished by the Administrative Preliminary Plat Application Official. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. – The plat drawing shall contain the information listed Preliminary Plat Drawingin Section 8 - 180 , where applicable. Required Plat Information 3.– The subdivider shall submit a Preliminary Drainage Analysis to Preliminary Drainage Information determine the need for drainage facilities, unless the Director of Public Works has determined that a Preliminary Drainage Analysis is not necessary at time of platting. The Preliminary Drainage Analysis shall be prepared in accordance with the drainage analysis requirements contained in Chapter 14 of this Land Development Code. Engineering Design Standards 4. – The subdivider shall submit preliminary construction drawings which shall Preliminary Utility Plan indicate the general location and approximate sizes of all existing and proposed public utilities, unless the Director of Public Works has determined that nopublic utility improvements are necessary. The Chapter 8 - Plat Review Procedures Page 8 - 7 Exhibit "A" Land Development Code City of Colleyville, Texas size of all proposed water and sewer lines shall be determined usingthe design criteria contained in of this Land Development Code. Chapter 14 Engineering Design Standards 5. – Where a subdivision plat indicates a proposed public street, the subdivider shall submit Tree Survey a tree survey or an aerial photograph indicating the general coverage of trees. 6. – The Code Enforcement Officer shall providecertification Nuisance Compliance Certification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. 7. – The applicant shall pay the applicable plat application fee when the application is submitted to Fees the Administrative Official. H.Grading Site Prior to Final Approval – Following Preliminary Plat approval, the developer may apply for an earthwork permit and upon approval of said permit may commence construction to the grades and elevations required by the Preliminary Plat. Section 8 – 145 Final Plats A.Final Plat Classification – Approval of a Final Plat is the second step in the process for approval of a subdivision plat. The Final Plat procedure shall be used when the property proposed for development has been previously approved as a Preliminary Plat, was not submitted as a Combination Preliminary/Final Platand conforms to the requirements of this Chapter. The purpose of the Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivision. B.Final Plat Prerequisites – Unless exempt from the requirements of Preliminary Plat approval, no Final Plat shall be placed on the agenda for action by the approving body until a Preliminary Plat of a subdivision has been previously approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a subdivider may file an application for approval of a Final Plat. The Final Plat shall conform to the Preliminary Plat as approved and incorporate any and all changes, modifications, corrections and conditions imposed by the prior approval. A Final Plat will not be presented to the approving body for consideration, which fails to incorporate the recommendations of the Preliminary Plat approval. C.Final Plat Exhibits – The subdivider shall file an application for approval of a Final Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. – The application shall be on forms furnished by the Administrative Official Final Plat Application responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. – The plat drawing shall contain the information contained Final Plat Drawingin Section 8 - 180 of this Land Development Code. Required Plat Information 3. – The subdividershould discuss with the Director of Public Works the need to Drainage Information submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentationwhich shall conform to the technical specifications contained in Chapter 14 of this Land Development Code. Engineering Design Standards 4.When the proposed development requires the construction of public Construction Drawings– improvements, theapplicant shall submit construction plans with the Final Plat.The construction drawings shall conform to the technical specifications contained in Chapter 14 Engineering Design of this Land Development Code and shall be prepared and sealed by a Registered Standards Professional Engineer, licensed to practice in the State of Texas. Chapter 8 - Plat Review Procedures Page 8 - 8 Exhibit "A" Land Development Code City of Colleyville, Texas 5. – Where a subdivision plat indicates a proposed public street, the subdivider shall submit Tree Survey a tree survey or an aerial photograph indicating the general coverage of trees. These documents are not necessary if they have been submitted with the Preliminary Plat. 6. – The Code Enforcement Officershall providecertification Nuisance Compliance Certification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. 7. – The applicant shall pay the applicable plat application fee when the application is submitted to Fees the Administrative Official. Section 8 – 150Combination Preliminary/Final Plat A.Combination Preliminary/FinalPlat Classification – Approval of a Combination Preliminary/Final Plat may occur when a plat is submitted that involves more than four lots and will include a new street but will not be phased but, instead, will bedeveloped in a single phase. The purpose of the Combination Preliminary/Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivisionin a single application. B.Combination Preliminary/FinalPlat Exhibits – The subdivider shall file an application for approval of a Combination Preliminary/Final Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. – The application shall be on forms furnished by the Combination Preliminary/FinalPlat Application Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. – The plat drawing shall contain the information contained Plat Drawingin Section 8 - 180Required of this Land Development Code. Plat Information 3. – The subdivider should discuss with the Director of Public Works the need to Drainage Information submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 of this Land Development Code. Engineering Design Standards 4.When the proposed development requires the construction of public Construction Drawings– improvements, the applicant shall submit construction plans with the Combination Preliminary/Final Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 of this Land Development Code and shall be prepared and sealed Engineering Design Standards by a RegisteredProfessional Engineer, licensed to practice in the State of Texas. 5. – Where a subdivision plat indicates a proposed public street, the subdivider shall submit Tree Survey a tree survey or an aerial photograph indicating the general coverage of trees. 6. – The Code Enforcement Officer shall provide certification Nuisance Compliance Certification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. 7. – The applicant shall pay the applicable plat application fee when the application is submitted to Fees the Administrative Official.The fee for a Combination Preliminary/Final Plat shall be the same as the fee for a Final Plat. Section 8 – 155MinorPlats AMinor Plats:A Minor Plat submittal shall be used when the property proposed for development is not . platted, contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allow a Chapter 8 - Plat Review Procedures Page 8 - 9 Exhibit "A" Land Development Code City of Colleyville, Texas subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and approval of a small subdivision where no new public street is created. Where applicable, the Minor Plat submittal shall contain the same exhibits as a Final Plat submittal. B.MinorPlat Exhibits – The subdivider shall file an application for approval of a MinorPlat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. – The application shall be on forms furnished by the Administrative Official MinorPlat Application responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. – The plat drawing shall contain the informationcontained Plat Drawingin Section 8 180 Required of this Land Development Code. Plat Information 3. – The subdivider should discuss with the Director of Public Works the need to Drainage Information submit a Preliminary Drainage Analysis or a Drainage Study. Whendrainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 of this Land Development Code. Engineering Design Standards 4.When the proposed development requires the construction of public Construction Drawings– improvements, the applicant shall submit construction plans with the MinorPlat. The construction drawings shall conform to the technical specifications contained in Chapter 14 Engineering Design of this Land Development Code and shall be prepared and sealed by a Registered Standards Professional Engineer, licensed to practice in the State of Texas. 5. – Where a subdivision plat indicates a proposed public street, the subdivider shall submit Tree Survey a tree survey or an aerial photograph indicating the general coverage of trees. 6. – The Code Enforcement Officer shall provide certification Nuisance Compliance Certification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. 7. – The applicant shall pay the applicable plat application fee when the application is submitted to Fees the Administrative Official. Section 8 – 160 Replats A.Replats:A Replat submittal shall be used when a previously platted property is proposed for redevelopment. A Replat may include an additional parcel of un-platted property when the size of the un-platted portion does not dictatethe submittal of a Preliminary Plat. The Administrative Official responsible for subdivision review shall review each Replat application and determine whether or the not the size of the un-platted portion of the proposed development warrants the submittal of a Preliminary Plat. Where applicable, the Replat submittal shall contain the same exhibits as a Final Plat submittal. B. The following additional criteria for approval shall apply in the re- Additional Criteria for Replats: subdivision of an existingplat, without vacating the immediate previous plat: 1. A public hearing shall be required on the Replat at which interested parties and citizens have an opportunity to be heard. 2. If any of the proposed area to be re-subdivided or re-platted, within the immediate preceding five years, was limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, notice of the public hearing shall be given in advance in the following manner: Chapter 8 - Plat Review Procedures Page 8 - 10 Exhibit "A" Land Development Code City of Colleyville, Texas a. Publication at least 15 days before the date of the hearing in a newspaper of general circulation in the City. b. A written notice of the public hearing shall be forwarded no less than fifteen (15) days prior to the day of the hearing to the owners (as the ownership appears on the last approved ad valorem tax roll) of all lots in the immediate preceding plat thatare within 200 feet of the lots to be re-platted. The notice may be served by depositing it properly addressed and postage paid, in the United States post office. 3. If the proposed replat requires a waiver of a requirement and is protested in accordance with this section, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the Planning and Zoning Commission and/or City Council. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission and City Council prior to the closing of the public hearing. In computing the percentage of land area, the area of streets and alleys shall be included. C. Compliance with paragraphs (a) & (b) isnot required for approval of a replat or a portionof a prior plat if the area to be re-platted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. D. Replat Exhibits – The subdivider shall file an application for approval of a replat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. – The application shallbe on forms furnished by the Administrative Official ReplatApplication responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. – The plat drawing shall contain the information contained Plat Drawingin Section 8 - 180 of this Land Development Code. Required Plat Information 3. – The subdivider should discuss with the Director of Public Works the need Drainage Information to submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 of this Land Development Code. Engineering Design Standards 4.When the proposed development requires the construction of public Construction Drawings– improvements, the applicant shall submit construction plans with the Minor Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 Engineering of this Land Development Code and shall be prepared and sealed by a Design Standards Registered Professional Engineer, licensed to practice in the State of Texas. 5. – Where a subdivision plat indicates a proposed public street, the subdivider shall Tree Survey submit a tree survey or an aerial photograph indicating the general coverage of trees. 6. – The Code Enforcement Officer shall provide certification Nuisance Compliance Certification indicating the status of the property regarding public nuisancesand outstanding liens payable to the City of Colleyville. 7. – The applicant shall pay the applicable plat application fee when the application is submitted to Fees the Administrative Official. Section 8 - 165Amending Plats Chapter 8 - Plat Review Procedures Page 8 - 11 Exhibit "A" Land Development Code City of Colleyville, Texas A.Amending Plat Classification – The Amending Plat procedure shall be used when making a minor change to an existing subdivision. These changes must not be substantive, nor create any new lots. Notice, public hearing, and the approval of other lot owners is not required for the approval of an Amending Plat. B.Amending Plat Procedures – The City is authorized to approve an Amending Plat which is signed by the property owners, and which is for one (1) or more of the purposes set forth in this Section, and such approval shall not require notice, hearing or approval of other lot owners. Amending Plats in accordance with the provisions of this Section shall be approved if the sole purpose of the Amending Plat is to: 1. Correct an error in any course or distance shown on the prior plat; 2. Add any course or distance that was omitted on the prior plat; 3. Correct an error in the description of the real property shown on the prior plat; 4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged with the responsibilities for setting monuments; 5. Show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; 6. Correct any other type of scrivener or clerical error or omission as previously approved by the City; such errors and omissions may include, but are not limited to, numbers, acreage, street names and identification of adjacent recorded plats; 7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment, and neither lot is abolished; provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; 8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; 9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: a.Attempt to remove recorded covenants or restrictions; or b.Increase the number of lots; or c.Remove or otherwise abandon any easement or right-of-way. 10.To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part of the subdivision covered by the preceding plat if; a.the changes do not affect applicable zoning and other regulations of the municipality; b.the changes do not attempt to amend or remove any covenants or restrictions; and c.the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or 11.To replat one or more lots fronting on an existing street if: a.the owners of those lots join in the application for amending the plat; b.the amendment does not attempt to remove recorded covenants or restrictions; Chapter 8 - Plat Review Procedures Page 8 - 12 Exhibit "A" Land Development Code City of Colleyville, Texas c.the amendment does not create or require creation of a new street or make necessary the extension of municipal facilities. C.Amending Plat Exhibits – The subdivider shall file an application for approval of an Amending Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. – The application shall be on forms furnished by the Administrative Official Amending Plat Application responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. – The plat drawing plat contain the information contained Amending Plat Drawingin Section 8 - 165 of this Land Development Code, where applicable. Required Plat Information 3. – As determined by the Director of Public Works, the developer shallsubmit a Drainage Information Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 of this Land Development Code Engineering Design Standards 4.When the proposed development requires the construction of public Construction Drawings– improvements, the applicant shall submit construction plans with the plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 Engineering Design Standards of this Land Development Code and shall be prepared and sealedby a Registered Professional Engineer, licensed to practice in the State of Texas. 5. – The Code Enforcement Officer shall provide certification Nuisance Compliance Certification indicating the status of the property regarding public nuisances. 6. – The applicant shall pay the applicable plat application fee when the application is submitted to Fees the Administrative Official. Section 8 - 170Official Plat Recording A.Required Filing Documents – No subdivision plat shall be filed of record with the Tarrant County Clerk’s Office unless the following are complete: 1.The plat has been drawn on mylar reproducible film or other permanent material, contains all required signatures, including the signature of the Planning and Zoning Commission Chairman, and/or the Mayor, or City staff, as applicable; and 2.All applicable fees have been received. B.Construction Prior to Official Filing – No construction of public improvements shall be allowed and no permits for building construction shall be approved until the subdivision plat has been filed of record with the Tarrant County Clerk’s Office. C.Maximum Approval Period – The approval of a subdivision plat shall expire one-hundred and eighty (180) days from the date of approval by the approving body,unless the subdivision plat has been filed of record withas provided in this Section. D.Re-approval Required – No subdivision plat shall be filed of record with the Tarrant County Clerk’s Office where the approval time period has expired, unless the approving body has approved a re-submittal of the plat application and payment of plat application fee. Section 8 - 175Vacation of Plats Chapter 8 - Plat Review Procedures Page 8 - 13 Exhibit "A" Land Development Code City of Colleyville, Texas A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold. If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of lots in the plat and with the approval of the City obtained in the manner prescribed for the original plat. Section 8 - 180Required Plat Information The applicant requesting subdivision plat approval shall submit the required number of copies of a plat drawing as determined by the Administrative Official and which complies with this Section. 1.All plat drawings shall contain the following information where applicable: a. - The names and addresses of the subdivider and the current owner of record. Owner / Subdivider b. - The name, address and telephone number of the surveyor responsible for the plat Surveyor Name which shall contain the seal of a Texas Registered Professional Land Surveyor. c. - If the land to be platted is situated within or adjacent to an existing subdivision, Subdivision Name that plat may take the name of the existing subdivision, subject to the approval ofthe City. The name of the proposed subdivision shall be clearly shown with large letters and shall not be a duplication of any existing subdivision name, whether by spelling or pronunciation, or similar to any other subdivision within the City. The platdrawing shall indicatewhether the plat is a Preliminary Plat, Final Plat, Replat, or Amending Plat. d. - A location map showing the tract by reference to streets or highways. Location Map e. - The date the plat was prepared. Date f. - The plat shall be prepared at a numerical scale no greater than one (1) inch Scale & North Arrow equals one hundred (100) feet unless approved by the Administrative Official responsible for subdivision review. A graphic scale symbol shall be placed on the drawing with anorth arrow indicating the approximate true north. g. - The subdivision boundary lines shall be shown in heavy lines so as to Subdivision Boundary Lines provide a differentiation with the internal features of the area being proposed for platting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. h. - A written metes and bounds description of the property shall be Metes and Bounds Description shown on the plat and be capable of reproducingsuch lines upon the ground with a closure error of less than 1:25,000. The legal description shall include reference to an original survey, subdivision corner, orthe Texas Coordinate Systemof 1983, North Central Zone. The legal description shall include the acreage of the total area of the proposed subdivision and be consistent with the subdivision boundary. The legal description shall contain information to show the last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. i. - All property lines, streets and easements on lands immediately adjacent to and Adjacent Properties contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files; if the adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining streets are to be shown. j. - The width of all public street rights-of-way shall be shown on the plat. The Street Rights-of-Way general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall be shown for all curves. The distance from the centerline of any existing roadway of a boundary street to the proposed subdivision shall be shown to determine the adequacy of right-of-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. Chapter 8 - Plat Review Procedures Page 8 - 14 Exhibit "A" Land Development Code City of Colleyville, Texas k. - The location and general outline of any existing permanent structures with Permanent Structures sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set-back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. l. - Front building set-back lines shall be indicated by dashed lines on all lots in Building Set-back Lines accordance with the requirements of the applicable zoning district. Side yard building set-back lines shall be indicated by dashed lines on the side yards of lots with side street frontage. Additional building set-back may be required by the City. Existing building set-back lines on adjacent properties shall be shown, where applicable. m. - The general location of the city limit boundaries of the City of Colleyville and any City Limit Lines adjacent city shall be shown on the platand referenced per city maps, only. n. - The location and dimension of all existing or proposed easements shall be shown on the Easements plat drawing indicating whether such easement is for any specific purpose. General easements for the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided along each side ofall rear property lines. If necessary for the extension of water or sewer mains, storm drainage or other utilities, easements of greater width shallbe required along lot lines or across large lots. In all cases, easements shall connect with easements already established on adjoining properties or extend to connect with a public right-of-way. No lot shall be shown with an easement which prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. o. - All lots and blocks shall be consecutively numbered, or lettered in Lot and Block Numbering alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or lettered consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder than lot numbers or circled to make identification clear. Any lot or block which is planned as an ‘out- parcel’ shall be numbered and designated on the plat with notation regarding any development restrictions. p. - Map sheets shall be of such size as are acceptable for filing in the Tarrant County Sheet Size Clerk’s Office, and shall not exceed twenty-four by thirty-six (24"x 36") inches, but may be eighteen by twenty-four (18" x 24") inches, with a binding margin of not less than one and one-half inches on the left side of the sheets. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. q. - When appropriate, theplat shall contain a listing of any Plat Notes and Plat Notes and Conditions Plat Conditions in a readily identifiable location with each note numbered consecutively. r. - The location and dimensions of all property proposed to be set aside for public Public Use Areas use or common reservation shall be shown on the plat drawing, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation. s. - All street names shall be shown on the plat. New street names shall be sufficiently Street Names different in sound and in spelling from other street names in the city to avoid confusion. The continuation of an existing street shall bear the same name. t. – For Preliminary plats, the plat drawing shall indicate any phasing of the proposed Phasing of Plats subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall layout and phasing, unless a revised Preliminary Plat is submitted and approved in accordance with this Chapter. However, a subsequent reduction of a phase may be considered provided that it conforms to the original street arrangement. u. - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the Lot Dimensions exact dimension shown on all other plats with accuracy to one-hundredth’sof one foot. The dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable zoning district. Chapter 8 - Plat Review Procedures Page 8 - 15 Exhibit "A" Land Development Code City of Colleyville, Texas v. - The location of the 100-year flood limits, if applicable, shall be shown on the Flood Plain Features plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in the 100 year flood-prone area, the developer will be required to comply with the Flood Damage Prevention Ordinance. w. -Side lot lines which are not perpendicular to the street right-of-way shall be Irregular Side Lot Lines indicated with bearing and distance. x. - The area for each lot expressed in square feet shall be shown on the plat. Lot Areas y. - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for the Survey Notes boundary of the subdivision. The notes shall be referenced in the same manner as the plat. z. – All plats shall contain the appropriate certification blocks which shall be similar Certification Blocks to those shown. Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _______ day of ____________________________________, 20__, to approve this Plat. ____________________________________ Chairman, Planning and Zoning Commission _____________________________________ Attest: Secretary, Planning and Zoning Commission City Council Approval Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this ____________ day of ______________________________________, 20__, to approve of this Plat. ________________________________________________ Mayor, City of Colleyville ________________________________________________ Attest: City Secretary Staff Approval Authority This amendingor minorplat is approved in accordance with Section 212.0065of the Texas Local Government Code and the City ofColleyville Subdivision Regulations _______________ Date _____________________________________________ Community Development Director Chapter 8 - Plat Review Procedures Page 8 - 16 Exhibit "A" Land Development Code City of Colleyville, Texas Surveyor’s Certification KNOW ALL MEN BY THESE PRESENTS: That I, ________________________________________________________, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground.Further, this survey conforms to the general rules of procedures and practices of the most current Professional Land Surveying Practices Act. _______________________________________________ __________________ Signature Date (Affix Seal) Dedication Certificate WHEREAS, , are the owners of a tract of land situated in the Survey, Abstract N. (#), Tarrant County, Texas, (owners name)(name) and being out of a (#) acre tract conveyed to them by and being more particularly described as follows: (deed reference), (metes and bounds description) NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utilityshall at all times have the right of ingress andegress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. Witness our hands this _________________________ day of _________________, 20_____. _____________________________________________________________ Owners Name STATE OF TEXAS }{ COUNTY OF TARRANT }{ Before me, the undersigned Notary Public in and for said county and State on this day personally appeared __________________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office this _______ day of ______________________________, 20____. _____________________________________ Notary Public in and for Tarrant County (affix seal) _____________________________________ My printed name _____________________________________ My commission expires: Chapter 8 - Plat Review Procedures Page 8 - 17 Exhibit "A" Land Development Code City of Colleyville, Texas Section 8 – 185Easement and Right-of-Way Encroachments (Ord. O-01-1280 / 08/08/01) No building permit shall be issued for any structure that encroaches into or over a public drainage and/or utility easement or public right-of-way, unless an easement encroachment and joint use agreement has been approved in accordance with the procedures contained in this Section. 1.The applicant must submit a written application on forms furnished by the City, together with the appropriate filing fee, stating the reason for the proposed encroachment. Said application must contain the signature of the property owner or legal agent of the property owner where the encroachment is proposed or of the property that is adjacent to the right-of-way where the encroachment and joint use is proposed. 2.The applicant must provide a metes and bounds description indicating the exact location of the encroachment and a plot plan showing the nature of the improvements proposed within the encroachment area. 3.The application must include written documentation signed by all public utility companies, including the City of Colleyville Public WorksDepartment, indicating their consent to the encroachment and joint use of the easement or right-of-way. All public utility companies must approve the encroachment request before any consideration is given by the City of Colleyville. 4.No notification of adjacent properties is required unless, the City Manager, or designated official, determines that the encroachment or joint use has a direct impact on the adjacent properties. 5.An application requesting an easement encroachment may be approved by the City Manager or other designated official. Applications requesting a right-of-way encroachment require approval by the City Council. 6.Upon approval of the request, documents shall be filed in the Tarrant County Deed Records. 7.The application fee shall be set by separate ordinance approved by the City Council. Section 8 – 190Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. NumberDateSubject O-00-126112/19/00Incomplete Submittals / DRC Review O-01-128008/08/01Easement & right-of-way encroachments O-06-156602/21/06Comprehensive Chapter Revisions O-14-XXXX01/21/2014Revisions to Approval Authority and Plat Classifications Chapter 8 - Plat Review Procedures Page 8 - 18