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HomeMy WebLinkAboutOrdinances (O-99-1155)-04/06/1999 ORDINANCE 0-99-1155 AN ORDINANCE AMENDING ORDINANCE NUMBER 0-70-14, THE SUBDIVISION REGULATIONS OF THE CITY OF COLLEYVILLE, AS AMENDED, BY MODIFYNG SECTION 1, TO AUTHORIZE STAFF APPROVAL OF AMENDING PLATS AND AMENDING THE DEFINITION OF MINOR PLATS; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, the Texas Local Government Code provides the authority to allow the governing body of a municipality to delegate to one or more persons the ability to approve amending plats; and, WHEREAS, the City of Colleyville has determined the need to authorize staff approval of amending subdivision plats in order to streamline the subdivision plat approval time period for amending plats; and, WHEREAS, the Planning and Zoning Commission has held public hearing on the matter as required by Section 212.002 of the Local Government Code; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the definition of a minor plat contained in Section 1, Paragraph B,(11),(d) be amended in its entirety to read as follows: (11)(d) Minor Subdivision means a subdivision which: I. shall contain no more than four (4) lots, and II. shall not require the extension of a public street right-of-way to provide dedicated access to any lot created or to provide a connection to a street in another subdivision or to comply with the Master Thoroughfare Plan; provided, however, it may require the dedication of additional right-of-way width and easements and the construction of drainage and utility improvements in order to meet City standards, and III. shall not require a waiver from requirements to construct utility or drainage improvements within the subdivision. IV. shall meet all preliminary and final plat requirements of this ordinance. Sec. 2. THAT Section 1: GENERAL PROVISIONS be amended to insert a new Paragraph 0 to read as follows: D. AMENDING PLAT APPROVAL BY STAFF The City Manager, or his designee, shall be authorized to approve an amending plat as defined by Sec. 212.016 of the Local Government Code. Ordinance 0-99-1155 pag'e 2 of 3 If the application includes a request for a variance from the subdivision requirements, the City Manager, or his designee, may elect to present the amending plat to the Planning & Zoning Commission for approval. If the Planning & Zoning Commission disapproves the amending plat, it will be forwarded to the City Council for consideration. Section 212.016 of the Local Government Code does not authorize the City Manager, or his designee, to disapprove an amending plat and shall be required to refer any amending plat, which he refuses to approve to the Planning & Zoning Commission within thirty (30) days after the date the plat is filed. Sec. 3. THAT Section 1: GENERAL PROVISIONS be amended to insert a new Paragraph E to read as follows: E. AUTHORITY RESPONSIBLE FOR APPROVING PLATS In the event of any variance or discrepancy between a preliminary plan or final plat as approved by the commission and the city council, the plan approved by the city council shall prevail. Final approval of all subdivision plats shall be in accordance with the following table: Table 1 Authority Responsible for Approving Plats STAFF P&Z COUNCIL Amending Plat yes no (1) no (2) Minor Plat - Preliminary no yes no - Final no yes no Major Plat - Preliminary no yes yes - Final no yes yes (1) The Planning and Zoning Commission shall have the authority to approve an Amending Plat which has not been approved by City Staff. (2) The City Council shall have the authority to approve an Amending Plat which has not been approved by the Planning and Zoning Commission. Sec. 4. THAT subsequent divisions of Section 1 of the Colleyville Subdivision Ordinance Ordi,nance 0-99-1155 Page 3 of 3 Number 0-70-14, as amended, shall be renumbered consecutively. Sec. 5. THAT the zoning regulations of the City of Colleyville shall remain applicable to this development except where specifically provided for in this ordinance. Sec. 6. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 7 . THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 23r:d day of March 1999. Thj second reading and public hearing being conducted on the Ip-li, -Jij""); I I ' 1999. day of ATTEST: CITY OF COLLEYVILLE ~M Richard Newton Mayor