0483-H ORDINANCE NO. 483-H
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING
ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE, AS AMENDED;
PROVIDING FOR ADMINISTRATIVE CHANGES RELATING TO THE
PROCESSING OF PLATS; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; 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 ot'the Local Government Code; and
WHEREAS, the City has adopted Ordinance No. 483 as the Subdivision Ordinance, as
amended, for the City; and
WHEREAS, numerous applications for approval of plats have been presented to the
Planning and Zoning Commission and to the City. Council which do not comply with the
requirements of the City's Subdivision Ordinance; and
WHEREAS. the City Council finds that the regulations set forth belo~v will facilitate a
processing system for plat applications which do not comply with the Subdivision Ordinance before
appearing before the Planning and Zoning Commission and the City Council thereby providing a
more efficient processing system; and
WHEREAS, the Planning and Zoning Commission has conducted a public heating
regarding the proposed revisions and has recommended adoption of the same; and
WHEREAS. the City Council has determined that it is appropriate and in the best interest
of the City to amend Ordinance No. 483, as amended, 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;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE:
SECTION 1. Section 1.04 of Ordinance No. 483, as amended, is amended by adding the following
definitions:
ADMINISTRATIVE OFFICIAL: The official, or his designee, appointed by the
City Manager to enforce and administer the terms of this Ordinance.
CLEAN REVIEW: As defined by Ordinance No. 480, as amended, the Zoning
Ordinance of the City of Southlake.
FORMAL SUBMITTAL: As defined by Ordinance No. 480, as amended, the
Zoning Ordinance of the City of Southlake.
MINOR REVISIONS: As defined by Ordinance No. 480, as amended, the Zoning
Ordinance of the City of Southlake.
SECTION 2. Paragraph A, Section 3.01 of Ordinance No. 483, as amended, is amended to read as
fnllows:
Application: An applicant shall submit a written application for plat approval to the
Administrative Official on forms prepared by the City, together with all required
documents, such as studies, drawings, exhibits, or other ordinance requirements, in
sufficient size and number as required by the most current submittal policies, and any
reasonable information requested by the Administrative Official to assist the City in
its review of the application. The application shall be signed by the owner, applicant,
or other authorized agent. Any plat not meeting these requirements shall be deemed
an inadequate submittal and shall not be reviewed until all submittal requirements are
met.
SECTION 3. Paragraph D, Section 3.01 of Ordinance No. 483, as amended, is amended to read as
t'0ll0ws:
Processing:
1. Presubmittal Review: Upon receipt of an application which meets submittal
requirements, the Administrative Official shall conduct a pre-submittal
review of the application within a reasonable time to determine whether the
application complies with applicable ordinances, generate plat review
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comments, and notify the applicant in writing of the same. The applicant
shall submit a revised plat application as needed until a clean review is
received. A plat or other application shall be officially accepted for
processing on the first scheduled formal submittal deadline date after the
Administrative Official has determined that it meets the requirements of all
applicable City ordinances, except for those for which a variance is sought,
and has met the requirements of a clean review. The applicant may request
that the pre-submittal review be waived. In this event, the Administrative
Official shall forward the application to the Planning and Zoning
Commission and the Council, as appropriate. The application may be denied
if it does not meet the requirements of a clean review.
Submittal Policies: To effectively and efficiently administer development
applications review and processing, the Administrative Official may adopt
and enforce policies and procedures which do not conflict with or are
inconsistent xvith this Ordinance.
SECTION 4. Paragraph E. Section 3.01 of Ordinance No. 483, as amended, is amended to read as
lbllox~s:
Time of Filing: The thirty (30) day period for approval or denial of a plat, as set forth
in Chapter 212 of the Texas Local Government Code, shall commence on the first
formal submittal date an application is accepted for filing.
SECTION 5. Sub-paragraph c, Section 3.02.D.33 of Ordinance No. 483, as amended, is amended
to read as follows:
Traffic Impact Analysis: A Traffic Impact Analysis shall be submitted with a
preliminary plat application. The City Engineer or Planning Director or their
representatives 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 the driveway ordinance, as amended, will not be reached
with the submittal.
SECTION 6. Section 3.04 of Ordinance No. 483, as amended, is amended to read as follows:
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
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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 Planning
Director. All requirements of Sections 3.01 and 3.03 shall be satisfied for
submittal.
A Plat Showing of tour 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 of that survey. The Planning Director 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.
SECTION 7. Paragraph A, Section 4.02 of Ordinance No. 483, as amended, is amended to mad as
t'ollo~s:
All Preliminary Plats will be accepted for review in accordance with Section 3.01.
The Preliminary Plat accompanied by the plat review comments shall then be sent
to the Commission tbr recommendation and then the Council for final action.
A public hearing shall be scheduled and due notification given for the
hearing to be held by the Planning and Zoning Commission. City staff will
provide notification on the same basis as required for changes of zoning
under Chapter 211 of the Local Govermnent Code.
After the Planning and Zoning Commission has reviewed the preliminary
plat and forwarded a recommendation to the City Council the Council shall
consider the preliminary plat and approve or disapprove it.
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.
Upon disapproval of a Preliminary Plat, the subdivider may, at any time,
submit a new design for processing following the same procedure as
required for the original application including fee submittal.
SECTION 8. Paragraph A, Section 4.03 of Ordinance No. 483, as amended, is amended to read as
follows:
A. All Final Plats will be accepted for review in accordance with Section 3.01. The
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Final Plat accompanied by the plat review comments shall then be sent to the
Commission for final action. Upon approval by the Commission, the Administrative
Official will obtain the signatures of the Commission Chairman and Secretary and
file the plat in accordance with this ordinance.
SECTION 9. Section 4.04 of Ordinance No. 483, as amended, is amended to read as follows:
Single-Lot Plat Showings: All single-lot Plat Sho,Mngs 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 Administrative Official
will obtain the signatures of the Mayor and City Secretary and file the plat in
accordance with this ordinance.
Multiple-Lot Plat Showings: All multiple-lot Plat Showings will be accepted for
revie~ in accordance with Section 3.01. The Plat Showing accompanied by the plat
review comments shall then be sent to the Commission tbr recommendation and then
the Council tbr final action. Upon approval by the Council, the Administrative
Official will obtain the signatures of the Commission Chairman and Secretary, and
Mayor and City Secretary and file the plat in accordance with this ordinance.
SECTION 10. Paragraph A, Section 4.05 of Ordinance No. 483, as amended, is amended to read
as follows:
Amended Plat: All Amended Plats 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, the Administrative Official will obtain the signatures of
the Mayor and City Secretary and file the plat in accordance with this ordinance.
SECTION 11. Paragraph A, Section 4.06 of Ordinance No. 483, as amended, is amended to read
as follows:
All Plat Revisions (Replats) will be accepted for review in accordance with Section
3.01. A public heating shall be scheduled and due notification given for the heating
to be held by the Planning and Zoning Commission. City staff will 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 the Council for final action. Upon
approval by the Council, the Administrative Official will obtain the signatures of the
Mayor and City Secretary and file the plat in accordance with this ordinance.
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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 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 ttris ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 14. 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 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 15. The City Secretary 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
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this ordinance as so published shall be admissible in evidence in all courts without further proof than
the production thereof.
SECTION 16. 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.
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PASSED AND
PASSED AND
APPROVED ON FIRST READING ON THIS ¢ DAY OF
,1999.
= ...
MAYOR
ATTEST:
CITY SECRETARY
APPROVED ON SECOND READING ON THIS /j9 DAY OF
,1999.
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APPROVED AS TO FORM AND LEGALITY:
City' Attorney
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