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0483-BORDINANCE NO. 483-B AN ORDINANCEAMENDING ORDINANCE NO. 483, THE SUBDIVISION CONTROL ORDINANCE FOR THE CITY OF SOUTHLAKE, TEXAS; PROVIDING FORA PPROVALOF CERTAIN PLATS BY CITY STAFF A~D BY THE PLANNING AND ZONING COMMISSION; PROVIDING TI{AT THIS ORDINANCE S}{AT.T. BE CUMULATIVE OF ATJ. ORDINANCES; PROVIDING A SEV~ILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICI;kL NEWSPAPER; AND PROVIDING AN EFFECTI~-E DATE. WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determined that it is in the public interest to streamline the process for the approval of plats by providing that certain plats will be approved by city staff and certain plats will be approved by the planning and zoning commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~E CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Section 1.04 of Ordinance No. 483, the Subdivision Control Ordinance of the City of Southlake, is amended by amending the definition of "Plat Showing" to read as follows: "PLAT SHOWING: A plat which includes less than 10 acres and four or fewer lots and typically has no internal public works improvements. A plat showing typically combines requirements of the preliminary and final plats." SECTION 2. That Subsection 2.01 B, of Ordinance No. 483, the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "B. Plats required for compliance: 1. Any proposed subdivision of land which contains 10 or more acres of land or proposes 5 or more lots or proposes any internal public works improvements shall require a Preliminary Plat to be processed and approved prior to approval of a Final Plat . When subdividing a tract containing less than 10 acres and which proposes 4 or fewer lots, the owner may, at his own discretion, elect to cause a Preliminary Plat to be processed and approved prior to approval of a Final Plat 3 o In the event that the owner elects to subdivide said tract of less than 10 acres into four or fewer lots, without approval of a Preliminary Plat, he shall: ho Cause a Plat Showing to be approved and filed of record if the tract has not previously been platted; or bo Cause a Plat Revision to be approved and filed of record in the County Plat Records if all or a portion of the tract has been previously platted." SECTION 3. That Section 3.04 of Ordinance No. 483, the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "Section 3.04 Plat Showing, Submittal Requirements: ao When a tract or parcel of land has not been previously platted and recorded in the County Plat Records, the subdivider may, at his option, elect to combine the Preliminary and Final Plats of a subdivision and submit a "Plat Showing" whenever the tract of land contains less than 10 acres and involves four or less lots and is to be subdivided without change of street location or without substantial effect on City services, drainage or adjacent properties. A subdivision involving more than four lots or which contains 10 or more acres of land shall be considered as a Plat Showing only when specifically approved as such by the Director or Community Development. All requirements of Sections 3.01 and 3.03 shall be satisfied for submittal. Bo A Plat Showing of four or fewer lots shall bear the name of the original survey and abstract number in which said property is located as an Addition. It is subdivided into numbered lots out o that survey. The Building Official shall maintain a ledger of assigned lot numbers and shall assign lot numbers in orderly succession. Lot numbers shall be designated in numerical order in sequence with the legal descriptions of the previously recorded plats. No block numbers will appear on the plat or in the legal description. Example: Absalom J. Chivers Survey, Abstract No. 78 Submitted as: Lot 1, A.J. Chivers No. 78 Addition." SECTION 4. That Subsection 3.05 A.1, of Ordinance No. 483, the Subdivision Control Ordinance of the city of Southlake, is amended to read as follows: "A. Amended Plats are plats which: Alter the interior lot line or change building setback lines for purposes of a more buildable area without increasing the number of lots." SECTION 5. That Section 3.05, of Ordinance No. 483, the Subdivision Control Ordinance of the city of Southlake, is amended by adding Subsection D to read as follows: "D. No stipulations except those pertaining to the accuracy or clarity of the face of the plat or the provision of adequate utilities or payment of delinquent fiscal charges shall be added as a condition of filing such a plat and no changes may be shown other than as specified in this ordinance." SECTION 6. That Subsection 4.01 A, of Ordinance No. 483, the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "A. Authority for Approval: City Staff: The City Manager, upon receiving a recommendation for approval from the appropriate city Staff, the city Engineer, and City Attorney, is hereby granted authority to approve all single- lot Plat Showings, and Amended Plats involving four or fewer lots. An applicant who is dissatisfied with the decision of the City Manager, may request that the plat be referred to the Commission for decision. The decision of the Commission is final. 2 o Planning and Zoning Commission: The Planning and Zoning Commission shall review and recommend approval or disapproval on all Preliminary Plats, Plat Revisions, and multiple-lot Plat Showings for final approval by Council. The Commission shall have final approval on all Amended Plats involving five or more lots and all Final Plats. 3 o City Council: The City Council shall establish development requirements and adopt guidelines and regulations governing the subdivision of land within the City and it's extraterritorial jurisdiction. The City Council shall receive a recommendation from the Planning and Zoning Commission on each Preliminary Plat, Plat Revision, and multiple-lot Plat Showing and shall then make a final decision as to the approval or disapproval of these plats. Any ancillary agreements shall be the sole responsibility of the Council." SECTION 7. That the introductory Paragraph A of Section 4.02 of Ordinance No. 483, the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: tlA. Ail Preliminary Plats will be accepted for review, plat review comments generated, and a copy of this review given to the applicant. The Preliminary Plat accompanied by the plat review comments shall then be sent to the Commission for recommendation and then the Council for final action" SECTION 8. That of Subsection 4.02 A.3 of Ordinance No. 483, the Subdivision Control Ordinance of the city of Southlake, is amended to read as follows: Upon approval of the Preliminary Plat by the Council, the Commission may approve a Final Plat on all or a portion of the property contained in the approved Preliminary Plat." SECTION 9. That Section 4.03, of Ordinance No. 483, the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "Section 4.03 Final Plat, Processing: The Final Plat will be accepted for review, Plat Review comments generated and a copy of this review given to the applicant. The Final Plat accompanied by the Plat Review comments shall then be sent to the Commission for final action. Upon approval by the Commission, the Zoning Administrator will obtain the signature of the Commission Chairman and Secretary and file the plat in accordance with this ordinance." SECTION 10. That Section 4.04, of Ordinance No. 483, the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "Section 4.04 Plat Showinq, Processinq: Single-lot Plat Showings: Ail single-lot Plat Showings will be accepted for review, plat review comments generated and a copy of this review given to the applicant. It will be the applicant's responsibility to revise the plat as needed to receive approval from City Staff. Upon approval by the City Manager, the Zoning Administrator will obtain the signature of the Mayor and City Secretary and file the plat in accordance with this ordinance. Multiple-Lot Plat Showings: Ail multiple-lot Plat Showings will be accepted for review, plat review comments generated and a copy of this review given to the applicant. The Plat Showing accompanied by the plat review comments shall then be sent to the Commission for recommendation and the Council for final action. Upon approval by Council, the Zoning Administrator will obtain the signature of the Commission Chairman and Secretary, and Mayor and City Secretary and file the plat in accordance with this ordinance." SECTION 11. That Section 4.05, of Ordinance No. 483, the Subdivision Control Ordinance of the City of Southlake, is amended to read as follows: "Section 4.05 Amended Plat, Processing: ao Amended Plats with four or less lots: Ail Amended Plats with four or less lots will be accepted for review, plat review comments generated and a copy of this review given to the applicant. It will be the applicant's responsibility to revise the plat as needed to receive final approval from City Staff. Upon approval by the City Manager, the Zoning Administrator will obtain the signature of the Mayor and City Secretary and file the plat in accordance with this ordinance. Amended Plats with five or more lots: Ail Amended Plats with five or more lots will be accepted for review, plat review comments generated and a copy of this review given to the applicant. The Amended Plat accompanied by the plat review comments shall then be sent to the Commission for final action. Upon approval by the Commission, the Zoning Administrator will obtain the signature of the Commission Chairman and Secretary and file the plat in accordance with this ordinance. c. Should any of these conditions prove unacceptable to the applicant, Amended Plats may be submitted and processed as Plat Revisions." SECTION 12. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 13. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional paragraph or section. SECTION 14. Any person, firm or phrase, clause, sentence, corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 15. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in courts without further proof than the production evidence in all thereof. SECTION 16. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 17. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED · 1993 . /&...... '..... ON FIRST READING ON THIS ~i DAY OF PASSED AND APPROVED ON __. , 1993 . ~YOR ATteST: ~ITY SECRETARY SECOND READING ON THIS ~ DAY OF FA¥OR A:\PLATAMDT.SL O4/13/93 -7-- CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney A:~PLATAMDT.SL