0483-CORDINANCE NO. 483-C
AN ORDINANCE AMENDING ORDINANCE NO. 483, THE SUBDIVISION
ORDINANCE OF THE CITY OF SOUTHLAKE, BY PROVIDING FOR THE
DEDICATION OF PUBLIC LANDSCAPE EASEMENTS; PROVIDING FOR
RIGHT-OF-WAY RESERVATIONS; PROVIDING REVISIONS TO PLAT
VACATION PROCEDURES; PROVIDING THAT PRELIMINARY PLATS
SFIALL CONFORM TO APPROVED CONCEPT PLA_NS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORiq; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE 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 of Southlake, Texas heretofore adopted
Ordinance No. 483 providing for the adoption of subdivision
regulations, platting and recording of subdivisions; and
WHEREAS, the City Council now desires to amend said ordinance
as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 483 is hereby amended by adding the
following definitions to Section 1.04B:
EASEMENT, PUBLIC LANDSCAPE: (Abbreviated P.L.E.) A public
easement typically located adjacent to thoroughfare street R.O.W.
for the purpose of planting trees or other landscape plants.
Maintenance of the easement shall be the responsibility of the
landowner; however, the City has the right to maintain, through
pruning, replacement or other means, any plantings placed in the
easement.
RIGHT OF-WAY RESERVATION: An area of land reserved for future
R.O.W. dedication or acquisition. No structures may be placed
within the reserved area or within the limits of the required
building setbacks from said R.O.W. reservation.
SECTION 2.
That Ordinance No. 483 is hereby amended by revising Section
2.05 to read as follows:
A. General Requirements: The following must be submitted
prior to placement of the plat vacation request before
the City Council for consideration.
1. Plat Vacation Fee: A Plat Vacation processing fee
shall be established by City Council. This fee
shall be paid upon submittal of the plat vacation
and shall not be refunded in any circumstances.
2. utility Company Approval: The signature of approval
of all applicable utility company representatives
must be on the vacating instrument. (Use easement
abandonment format and "plat vacation" wording.
See Appendix 4) Any easements which have
improvements in them must be dedicated by separate
instrument prior to the recording of the plat
vacation instrument.
B. Vacation of Entire Plat: The owner(s) of the tract(s)
covered by a plat may vacate the plat by submitting a
plat vacation request signed by all the owners. Such
request shall be placed before the Planning and Zoning
Commission for a recommendaton and forwarded to the City
Council for their consideration.
C. Vacation of a Portion of a Plat: Any portion of a plat
may be vacated upon the application of all the current
owners of lots in the original plat. Such request shall
be placed before the Planning and Zoning Commission for
their recommendation and forwarded to City Council for
their consideration. A public hearing shall be held by
the City Council prior to approval of the plat vacation.
2
Notice of the hearing shall be given before the fifteenth
(15th) day before the date of the hearing by:
(1) Publication in the official newspaper; and
(2) Written notice to the owners of property in the
original plat. The written notice shall be given
by depositing the notice in the U.S. Mail, properly
addressed with postage prepaid.
Effect of Plat Vacation: Upon the execution and
recording of the vacation instrument, the vacated plat or
portion thereof shall have no effect.
SECTION 3.
That Ordinance No. 483 is hereby amended by adding a new
paragraph C to Section 3.02, said paragraph to read as follows and
relettering current Paragraph C to Paragraph D:
C. Compliance with Concept Plan (where applicable): Ail
preliminary plats shall substantially conform to the
Concept Plan approved in accordance with the requirements
of the Zoning Ordinance of the City.
That
paragraph
F.
SECTION 4.
Ordinance No. 483 is hereby amended by adding a new
F to Section 3.07, said paragraph to read as follows:
Public Landscape Easement. A public landscape easement
typically ten feet (10') in width may be dedicated
adjacent to public R.O.W. for S.H. 114, F.M. 1709, F.M.
1938, and all streets designated as arterial level
thoroughfares [i.e.R.O.W. of ninety feet (90'}, eighty-
four feet (84'), and seventy feet (70') on the approved
Thoroughfare Plan.] This easement shall typically be
used to facilitate coordinated tree and/or landscape
plantings along the City's thoroughfares or for the
purpose of planting replacement trees due to necessary
removal of established trees for road expansion or other
public improvements within existing R.O.W. This is not
a required easement and cannot be required by the City as
a part of a Developer's Agreement or by any other means.
It is intended that the Public Landscape Easement shall
overlap any required bufferyard and further that
provisions of a Public Landscape Easement shall have no
bearing on the planting requirements of the bufferyard.
That Ordinance
subparagraph number
read as follows:
10.
SECTION 5.
No. 483 is hereby amended by adding a new
10 to Section 4.01B "Standard of Review", to
Ail preliminary plats shall substantially conform to the
Concept Plan approved in accordance with the requirements
of the Zoning Ordinance of the City.
SECTION 6.
This ordinance shall be cumulative of
ordinances of the City of Southlake, Texas,
provisions of this ordinance are in direct
provisions of such ordinances, in which event the
provisions of such ordinances are hereby repealed.
all provisions of
except where the
conflict with the
conflicting
SECTION 7.
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 phrase, clause, sentence, paragraph or
section.
4
SECTION 8.
Any person, firm or 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 Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate
offense.
SECTION 9.
Ail rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provisions of Ordinance
No. 483 or any other ordinances affecting subdivision or
development which have accrued at the time of the effective date of
this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the
courts.
The City Secretary
authorized to publish this
SECTION 10.
of the City of Southlake is hereby
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 evidence
in all courts without further proof than the production thereof.
SECTION 11.
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.
5
7 PASSED AND APPROVED on the first reading he J' day of
&UAW , 1993 .
: - 1:--).--?::- -:.a
p• YOR
o•
'• ' ti= ATTEST:
'Olio 11 111*N* IN� N�,`````\\
'f)(Itjele,&//
TY SECRETARY
AS ED AND APPROVED on the first reading the o1-•'- day of
, 1993 .
. • - ' ;4-N. j7e4?:
-4 s .�= YOR
,v �\ ATTEST:
IRII,Ip1H1
Li 14
C TY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
($7. .J6,-,A; ,
City Attorney ,
Date : / i / ) 0
ADOPTED: 1..e)441111Gv 01/ Me 1.
EFFECTIVE: 471P
b:\Ord 483.0
6
I
I