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0483-G ORDINANCE NO. 483-G AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE; AMENDING CERTAIN DEFINITIONS; ADDING CERTAIN PROCEDURES FOR PROCESSING AMENDED PLATS; PROVIDING FOR ADMINISTRATIVE CHANGES; PROVIDING RIGHT-OF-WAY REQUIREMENTS THAT CONFORM TO THE CURRENTLY ADOPTED MASTER THOROUGHFARE PLAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CI.AUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. W~IEREAS, 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 Govemmeut Code; and WHEREAS, the City has adopted Ordinance No. 483 as the Subdivision Ordinance for the City; and WHEREAS, certain changes in State law have been enacted since the adoption of Ordinance No. 483, as amended; and WHEREAS, the Plam~ing and Zoning Commission has conducted a public hearing regarding the proposed revisions and has recommended adoption of the same; and SVHEREAS, the City Council has determined that it is appropriate and in the best interest of the City to amend Ordinance No. 483 as provided herein; and WHEREAS, the City Council has held public hearings with respect to the amendment of the Subdivision Ordinance as required by law; k ,,CT'(DOCS\ORD\DRAFT'SUBDIV',483 G',DRAFT3A WPD June 17, 1907 (2:10pm) Page 2 of 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION l. Paragraph B, Section 1.04 of Ordinance No. 483 of the City of Soutblake, the Subdivision Ordinance, as amended, is amended by adding the following definition: COMMON AREA: private lot o~ned and maintained by the Home Owners Association. SECTION 2. Paragraph B, Section 1.04 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: PLAT, AMENDED: A plat which meets the procedures and requirements as set forth in Section 212 of the Local Govermnent Code. SECTION 3. Item 4, Paragraph B, Section 2.01 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Any resubdivision of existing platted lots shall require the submittal and approval of a Plat Revision or an Amended Plat as authorized by state law. SECTION 4. Paragraph A, Section 3.01 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Application: All Plats to be considered for approval under this ordinance shall be submitted to the City along with a completed application and fees and must be in accordance with all ordinance requirements. No plat shall be formally accepted for review by the City until it fulfills all of the requirements of this ordinance. Any plat not meeting these requirements shall be deemed an inadequate submittal and shall not be processed untii ail submittal requirements are met. SECTION 5. Paragraph B, Section 3.01 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Reproductions: Requirements for blueprints and mylars for all submittals shall be maintained by the City. It shall be the responsibility of the applicant to verify the nmnber of prints and mylars required for all submittals. Prints should be folded in a manner such that the title block and location map shall be easily read from the outside and have folded dimensions as required by the City. (See appendix for "preferred" title block format) SECTION 6. Paragraph E, Section 3.0l of Ordinance No. 483 of the City of I :,CTYt)OCS\ORD\DRAFTXSUBOIV\483 G DRAFT3A.WPD June 17, 1997 (2:10pm) Page 3 of 15 Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Time of Filing. The City will establish a timetable for the filing of plats and other applications under this ordinance. The timetable will allow sufficient time in order to comply with necessa~ notice requirements and reasonable staffreview of any plat or application. No plat or other application shall be officially accepted for filing except on a scheduled filing deadline. A plat will not be accepted for filing unless all required drawiugs, exhibits, studies or other required documentation has been submitted. A partial filing shall not be considered a filing of record activating the thirty (30) day review period. SECTION 7. Item 7, Paragraph D, Section 3.02 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is deleted in its entirety and the remaining items are renumbered accordingly. SECTION 8. Subitem a, Item 34, Paragraph D, Section 3.02 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Preliminary Drainage Study: A preliminary drainage study shall be submitted with any plat referenced in this section. This study shall include all information deemed necessary by the City Engineer to adequately protect and preserve the public health, safety and welfare of the applicant and any property impacted by the proposal. The City Engineer shall have the discretion to require or waive all or a portion of the requirements where in his/her opinion the benefit received by the submittal and review of these plans is not in the best interest of the public. SECTION 9. Subitem b, Item 34, Paragraph D, Section 3.02 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Preliminary Water and Sewer Utility Plans: A preliminary water and sewer utility plan shall be submitted with any plat referenced in this section. This plan shall include all information deemed necessary by the City Engineer to adequately protect and preserve the public health, safety and welfare of the applicant and any property impacted by 'the proposal. The City Engineer shall have the discretion to require or waive all or a portion o f the requirements where in his/her opinion the benefit received by the submittal and review of these plans is not in the best interest o f the public. SECTION 10. Item 34, Paragraph D, Section 3.02 of Ordinance No. 483 of the City of Southlake, thc Subdivision Ordinance, as amended, is amended by adding a new subitem c as L CTYDOCS ORD\DIL~.FTXS[ BDITM ( \DRAFT3A WPD June 17, 1997 (2:10pm) Page 4 of 15 follows: Traffic Impact Analysis: A Traffic Impact Analysis shall be submitted with a preliminary plat application. The City Engineer or Community Development Director or their representative shall have the discretion to require or waive all or a portion of the requirement for the TIA upon submittal of sufficient evidence that the impact threshold established in thc drix eway ordinance, as amended, will not be reached with the submittal. SECTION 11. Item 17, Paragraph D, Section 3.03 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Two boundary comers geo-referenced by state plane coordinates in accordance with Section 8.03(B). SECTION 12. Item 25, Paragraph D, Section 3.03 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Lots and blocks labeled with numbers in consecutive order, xvhich shall include common areas, if any. SECTION 13. Item 31, Paragraph D, Section 3.03 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Reproducible acknowledgments, owner's & lienholder's dedication and endorsements, to include ratification by all lienholders expressing that all dedications are free and clear of liens and encumbrances, and surveyor's certifications in accordance with the format shown in the appendices herein (see appendix). SECTION 14. Subitem a, item 39, Paragraph D, Section 3.03 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Complete and corrected preliminary water and sewer layout. This may be combined ~vith the drainage study and should show all intended casements. The City Engineer shall have the discretion to require plans referenced in this item or waive all or a portion of the requirements where in his/her opinion the benefit received by the submittal and review of these plans is not in the best interest of the public. ' SECTION 15. Sub~tem b, Item ~ , Paragraph D, Section 3.03 of Ordinance No. 483 of the City of Southlake, the Sabdi,,ision Ordinance, as amended, is amended to read as follows: L ',CTYt)OCS\ORD\DRAFT'~SUBD[V\483 G'DRAi:T3A.W?t) June 17, 1997 (2:10pm) Page 5 of 15 Final Drainage Study: A final drainage study shall be submitted with any plat referenced in this section. This study shall include all in/~'ormation deemed necessary by the City Engineer to adequately protect and presetwe the public health, safety and welfare of the applicant and any property impacted by the proposal. The City Engineer shall have the discretion to require this final drainage study or waive all or a portion of the requirements where in his/her opinion the benefit received by the submittal and review' of these plans is not in the best interest of'the public. SECTION 16. Subitem g, Item 40, Paragraph D, Section 3.03 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is deleted in its entirety. SECTION 17. Paragraph A, Section 3.05 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended by adding a new item 3 as follows: 3. Replat one or more lots fronting on an existing street if: The owners of all those lots.join in the application for amending the plat; The amendment does not attempt to remove recorded covenants or restrictions; c. The amendment does not increase the number of lots; and The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. SECTION 18. Paragraph B, Section 3.06 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Prior to City approval of a plat revision involving four (4) or more lots, a revised Preliminary Plat may be required by the City. In addition, a final drainage study may be required at the discretion of the City Engineer. The City Manager or his designated representative may waive the requirement for a revised Preliminary Plat when the Plat Revision is without significant change of street location, and without substantial effect on City serv'ices, drainage or adjacent properties. L:,,CTYDOCSXORD\DRAFT, SUBD[V\483 G'DRAFT3A WPD June 17, 1997 (2:10pm) Page 6 of 15 A revised Preliminary Plat may include all the area within the limits of thc original Preliminary Plat except those areas ~xhich have unexpired Final Plat approval from the City unless this requirement is specifically waived by the City. SECTION 19. Paragraph C, Section 3.07 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as folloxvs: Easement Abandonment: The tbllowing procedures are to be used for the abandonment of easements in the City. The Department of Public Works shall maintain the forms and procedures for the abandonment of easements. (see Appendix) In both cases outlined below it will be the responsibility of the applicant to obtain original signatures from the utility company representatives on the mylar to be filed at the county prior to the City obtaining the signatures of approval from the City representative. A processing tee entitled "Easement Abandonment" shall be set by Council in the Schedule of Fees. This fee shall be paid upon submittal of the application and shall not be refunded under any circumstances. SECTION 20. Item 1, Paragraph C, Section 3.07 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: During platting: If the property is being platted then the required abandorunent statement and signature block should be shown on the face of the Plat Revision. The easement to be abandoned shall be shown in faint lines on the plat and clearly marked "to be abandoned with this plat." SECTION 21. Paragraph F, Section 3.07 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Public Landscape Easements: A public landscape easement typically ten ]t~et (10') in width may be dedicated adjacent to public ROW for S.H. 114, F.M. 1709, F.M. 1938, and all streets designated as arterial or collector level thoroughfares as shown on the approved Master ThoroughlPare 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 ROW. This is not a required easement and cannot be required by the City as a part of a DeYeloper s A=reement 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. L:\CTYDOCS,ORD\DRAFT~SUBDIV~483 (;\ORAFT3A WPD June 17, 1997 {2:10pm) Page 7 of 15 SECTION 22. Items 1 and 2, Paragraph A, Section 4.01 of Ordinance No. 483 of the City of Southlake~ the Subdivision Ordinance, as amended, are amended to read as follows: Authority/hr Approval: City Staff: The City Manager, upon receiving a recommendation lbr 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 as defined herein. 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. Plauuing 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 Final Plats. SECTION 23. Item 2, Paragraph D, Section 4.01 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: The stipulations of' the Plat Reviexv are hereby made conditions of plat approval unless specifically amended by the City Council, or by the Planning and Zoning Commission in those cases xvhere their approval is final. SECTION 24. Item l, Paragraph E, Section 4.01 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Construction Plans/Specs.: Construction plans, specifications and related documents shall not be required as a prerequisite to the approval and filing of a Plat. However, some portion of the construction documents may have to be prepared by the Applicant and submitted for review and approval prior to filing of the Plat should the Plat be potentially impacted by a construction related issue. Approval of construction plans will be a prerequisite to the initiation of any construction. Plan preparation, submittal and review are outlined in related ordinances of the City. Fees for administrative review of construction plans shall be established by City Council. SECTION 25. Item 1, Paragraph H, Section 4.01 of Ordinance No. 483 of the City of L \CT'~ DOCS'ORD\DRAFTSUBDfV\483_(?,DRAFT3A WPD June 17, 1997 (2:10pm) Page 8 of 15 Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Original Signatures on Mylar: All plats intended to be filed by the City in the County Plat Records must be signed and notarized as described in the "Procedure for Recording of Plats" available from the City (see Appendix). There are different procedures for Tan'ant and Denton Counties. A common requirement is that all revisions to the plat shall be made prior to running the black-line mylars xvhich are to be signed by the o~ ncr, notary', surveyor, and City representatives. The mylars and prints required by the Counties shall not be accepted for filing by the City if there is any other original ink, other than signatures and seals, appearing on the plat. The City will then obtain signatures of the appropriate City representatives. SECTION 26. Paragraph A, Section 4.03 of Ordinance No. 483 of the City of Soutblake, the Subdivision Ordinance, as amended, is amended to read as follows: The Final Plat will be accepted for review, plat review comments generated and a copy of this review given to the applicant. Ihe Final Plat accompanied by the Plat Review comments shall then be sent to the Commission for final action. Upon approval by the Commission, the City will obtain the signature of the Commission Chairman and Secretary and file the plat in accordance with this ordinance. SECTION 27. Paragraph B, Section 4.04 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Multiple-Lot Plat Showings: All 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 City 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 28. Paragraph A, Section 4.05 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Amemted Phil: Ali Amemled Plats trill be accepted for review, plat review commems generated and a copy of this review given to the applicant. It will be the applicant's responsibility to revise the plat as ueeded to receive final approval from City Staff Upon approval, the Ci't~' will obtahl the signature of the Mayor and City Secretary atut file the plat in accordance with this ordinance. (4s amended by Ord. No 483-B) SECTION 29. Paragraph B, Section 4.05 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is deleted in its entirety, and the remaining L 'CTYDOCS ORD\DR3® (i,[)RAFT3A.WPD June 17, 1997 (2:10pm) Page 9 of 15 Paragraphs are renumbered accordingly: SECTION 30. Paragraph A, Section 4.06 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: All Plat Revisions (Rcplats) will be accepted for review, plat review comments generated and a copy of this review given to the applicant. A public hearing shall be scheduled and due notification given for the hearing to be held by the Planning and Zoning Cormmission. City staffwiIl provide notification as required for replats under Chapter 212 of the Local Government Code. The Plat Revision accompanied by the plat review comments shall then be sent to the Commission for recommendation and then to City Council for final action. Upon approval by the Council, the City will obtain the signature of the Mayor and City Secretary and file the plat in accordance with this ordinance. SECTION 31. Paragraph A, Section 5.02 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Street right-of-way dedications shall be as shown in the Thoroughfare Plan and, where not shown therein, shall be not less than the follow- ing: STREET TYPE ROW WIDTH State/County varies (100'-500') Arterial - Six lane divided (A6D) 124' Arterial - Five lane undivided (A5U) 88' Arterial - Four lane divided (A4D) 94' Arterial ~ Four lane undivided (A4U) 70 Arterial - Three lane undivided (A3U) 84' Collector - Two lane undivided (C2U) 60' Local Street (non-residential) 60' Local Street (residential) 50' SECTION 32. Items 1 and 2, Paragraph F, Section 5.03 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, are amended to read as follows: L:,CT'~ DOCS'ORD\DR \FTxSUBDrv',,483 G\DRAFT3A WPD June 17, 1997 (2:10pm) Page 10 of 15 Horizontal Alignment: 1. Centerline Radius: The following centerline radii shall be the minimum allowed in the design o~'alI street construction: STREET TYPE MINIMUM RADIUS Arterial - Six lane divided (AOD) 1400' Arterial - Five lane undivided (A5U) 1000' Arterial - Four lane divided (A4D) 1000' Arterial - Four lane undivided (A4LD 600' Arterial - Three lane undivided (A3U) 500' Collector - Two lane undivided (C2U) 400' Local Street (residential & non-residential) As approved by City Engineer Common Tangents: Reverse Circular Curves having a common tangent shall be separated by a tangent section in accordance with the following table: STREET TYPE MINIMUM TANGENT BETWEEN CURVES Arterial - Six lane divided (A6D) 300' Arterial - Five lane undivided (A5U) 200' Arterial - Four lane divided (A4D) 200' Arterial - Four lane undivided (A4U) 100' Arterial - Three lane undivided (A3U) 75' Collector - Two lane undivided (C2U) 50' Local Street (residential & non-residential) As approved by City Engineer SECTION 33. Items 2 and 3, Paragraph G, Section 5.03 of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, are amended to rcad as follows: L:~C1YDOCS\ORD\DRAFr'SUBDIV\483 (i DRAFT3A %PD June 17,1997(2:10pm) Page 11 of 15 2. Maximum Grades: No streets shall be designed or constructed with grades in excess of thc following: STREET TYPE MAXIMUM GRADE Arterial - Six lane divided (A6D) 4.0% Arterial - Five lane undivided & four lane 6.0% divided (A5U & A4D) Arterial - Four lane undivided (A4U) 8.0% Arterial - Three lane undivided (A3U) 9.0% Collector - Two lane undivided (C2U) 10.0% Local Street (residential & non-residential) As approved by City Engineer 3. Vertical Curve Lengths: In order to maintain adequate sight distance, the following minimum lengths of vertical curves shall be required: STREET TYPE MAXIMUM GRADE Arterial - Six lane divided (A6D) 50 feet for each algebraic percent difference in grade Arterial - Five lane undivided (A5U) and 50 feet for each algebraic four lane divided (A4D) percent difference in grade Arterial - Four lane undivided (A4U) 50 feet for each algebraic percent difference in grade Arterial - Three lane undivided (A3 U) 50 feet tbr each algebraic percent difference in grade Collector - Two lane undivided (C2U) 50 feet for each algebraic percent difference in grade Local Street (rcsidential& non-residential) As approved by City Engineer SECTION 34. Paragraph C, Section 8.0l of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: Double fronted residential lots shall not be allowed. However, lots which are backed L:\CT,~DOCS~ORD\DRAF3'SUBDIV\483 G',DRAFT3A.WPD June 17, 1997 (2:t0pm) Page 12 of 15 up to an arterial street shall be allowed when there is no access allowed from these lots to the arterial street. Access may also be limited to collector streets for lots which have double frontage. SECTION 35. 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 36. This ordinance shall be cumulative of ali 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 37. It is the intention o fthe 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. SECTION 38. The City Secretary of the City of Southlake is directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place L ,CTYDOCS ORD\DRAFT~SUBD V~483 G'DRAFT3A W[~D June 17, 1997 (2:10pm) Page 13 of 15 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 additionalIy 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 o f Southlake. SECTION 39. The City SecretaW of the City of Southlake is 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 evidence in all courts without further proof than the production thereof. SECTION 40. 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. L:,,CTYDOCS'xORD~DRAFTXSUBDlV\483 G~,DRAFF3A.WPD June 17~ 1997 (2:10pm) Page 14 of 15 PASSED AND APPROVED ON FIRST READING ON THIS __ .~_ , 1997. _ / ATTEST: DAY CITY SECRETARY PASSED AND APPROVED ON ~ ,1997. SECOND READING ON THIS /7 DAY MAYOR OF OF ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney (,/ Date: (7~ ADOPTED: EFFECTIVE? 7,/9¢7 L:',CTYDOCS\ORD\DRAFT, SUBDIV~483 G',DRAFT3A WPD June 17, 1997 (2:10pm) Page 15 of 15