424 E. FM 6   (972) 853-0027 		City of Nevada
Texas
CITY ORDINANCE 06-05


ORDINANCE NO. 06-05

AN ORDINANCE OF THE CITY OF NEVADA, COLLIN COUNTY, TEXAS AMENDING ZONING ORDINANCE NO. 00-02, SECTIONS 4, 5, AND TABLE 6-1; FINDING AND DETERMINING THAT A PUBLIC MEETING WAS CONDUCTED; PROVIDING SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW

WHEREAS, a planned development zoning district serves to improve and enhance residential, commercial and industrial development, promote logical land use patterns, give flexibility and benefit to land use and planning, and facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and

WHEREAS, the City Council of the City of Nevada has given due and diligent thought to this concern; and

WHEREAS, the City Council of the City of Nevada has determined to add a zoning category in its zoning ordinance, which will protect and promote the health, safety, morals and general welfare of the citizens of the City; and

WHEREAS, the City Council of the City of Nevada has conducted a public hearing according to Local Government Code section 211.006 and Zoning Ordinance 00-02 section 13.3 regarding the adoption of this ordinance, and after affording every person who had any interest in the matter a full and fair opportunity to be heard, and after inspecting the provisions of this ordinance, finds that, in its best judgment and opinion, this ordinance will promote the health, safety, morals, and general welfare of the citizens of the City of Nevada, and deems that the proposed planned development district will be in the public interest and welfare.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEVADA, TEXAS:

SECTION 1. Amendments

Zoning Ordinance No. 00-02 shall be amended to add the following additional sections and amended table:

4.1 PD: Planned Development District

5.9 Planned Development District: PD

      1. Purpose: The Planned Development District provides a zoning category for the planning and development of tracts of land for a single use or combination of uses requiring flexibility and variety in design of land, residences, and buildings to achieve orderly development with due respect to the protection of surrounding property. A Planned Development District may be used to permit new and innovative concepts in land utilization.

      2. Special Conditions: Prior to beginning development within a Planned Development District, the City Council shall require a conceptual plan. This plan shall be submitted by the applicant. The plan shall show the applicant’s intent for the use of the land within the proposed Planned Development District in a graphic manner and shall be supported by written documentation of proposals and standards for development. A conceptual plan shall show general use, thoroughfares, preliminary lot arrangements, density, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data. The City Council may require an applicant to submit a written report discussing the impact of the development on water utilities, electric utilities, sanitation, building inspection, taxes, police protection, fire protection, traffic, and schools. Written comments from the applicable entities may be submitted to the City Council. An ordinance establishing a Planned Development District shall not be approved until the conceptual plan is approved. If the entire project is not completed within 3 years, the City Council may review the original conceptual plan to ensure its continued validity.

      3. Common Areas: In the event that common areas are to be a part of the Planned Development District, they shall be shown on a conceptual plan, along with an adequate form for dedication thereof. This dedication form shall accomplish the following purposes:

    1. Save the title to common area properties for the benefit of the homeowner’s association; and

    2. Express a definite undertaking by the developer to convey title to the common properties to the homeowners association; and

Prior to recording the plat, the applicant shall (a) create an incorporated nonprofit homeowner’s association and (b) record covenants which automatically make every lot owner a member of the association, give him the right to use the common property, and establish his voting rights and his obligations to pay assessments.

The homeowner’s association’s restrictive covenants shall provide for continuous maintenance and control of the common areas by a responsible body of the homeowner’s association, in perpetuity, for the benefit of the homeowners without using public funds. Membership in the homeowner’s association shall run with the title to each lot. Membership in the homeowner’s association shall not be voluntary and its primary source of operating funds is a periodic assessment levied against each parcel of land within the development under recorded covenants which shall be incorporated into each deed and shall run with the land to bind each and every owner, and which shall be enforceable as a lien against the land. The articles of incorporation of the homeowner’s association, its bylaws, and the restrictive covenants shall be presented to the City Council for approval as part of the final plat, and shall be recorded as a part thereof.

 

Table 6-1, entitled Permitted Signs by Sign Type and Zoning District shall be amended to add a Sign Type for PD. The amended Table 6-1 is attached as an exhibit and incorporated herein.

 

SECTION 2. Severability

It is hereby declared by the City Council of the City of Nevada that if any of the sections, paragraphs, clauses, phrases or provisions of this ordinance shall be declared unconstitutional or otherwise illegal by the valid judgment or decree of a court of competent jurisdiction, such event shall not effect any remaining sections, paragraphs, sentences, clauses or phrases of this ordinance.

 

SECTION 3. Effective Date

This ordinance shall be in full force and effect from and after June 15, 2006.

 

SECTION 4. Public Meeting

It is hereby officially found and determined that a public hearing was conducted before passage of this ordinance, and that the meeting at which this ordinance was passed was open to the public as required by law.

PASSED AND APPROVED this the ____ day of May 2006.

 

 

_________________________________

Mayor, Christy Schell

 

ATTEST:

 

______________________________

City Secretary, Marla Barth

APPROVED:

 

_______________________________

City Attorney, Wm. Andrew Messer