Loading...
Item 4T - Memo & Ordinance No. 483-RCITY OF SOUTHLAKE MEMORANDUM September 13, 2022 To: Shana Yelverton, City Manager From: Ken Baker, AICP — Senior Director of Planning & Development Services Subject: Ordinance No. 483-R, an Amendment to the City of Southlake Subdivision Ordinance No. 483, as amended Action Requested: Conduct a public hearing and consider approval of the proposed Ordinance No. 483-R. Background Information: The purpose of this item is to consider amending Article III, Section 3.03.D. Final Plat Submittal Requirements, of the Subdivision Ordinance No. 483, as amended, by requiring a note indicating the party responsible for maintenance of park land, open space, drainage easement, and other dedications. The purpose of this amendment is to fulfill a recommendation of the Parks, Recreation and Open Space Plan, an element of the City's Comprehensive Plan, which under recommendation PROS 1.2, recommended the City "Explore opportunities to file a legal document of record with Denton/ Tarrant County that would show up on a title search that would better inform the homeowner of their maintenance obligations (similar to an easement)." The City proposes having a note applied to all recorded subdivision plats, where applicable. ARTICLE III, SECTION 3.03.D., will be amended by adding: Provide a note stating the responsible party for maintenance of park land, open space, drainage easement, and other dedications where applicable. Citizen Input/ Board Review: A Public Hearing was held by P&Z on September 8, 2022. No one spoke during the Public Hearing. If approved on 1st reading, the City Council will hold a Public Hearing on October 4, 2022. Legal Review: This item is under review by the City Attorney. P & Z ACTION: September 8, 2022; Approved (5-0) as presented. ATTACHMENTS: Ordinance No. 483-R 483-R Page 1 ORDINANCE NO. 483-R AN ORDINANCE AMENDING ORDINANCE NO. 483, AS AMENDED, THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; BY ADDING PROVISIONS REQUIRING NOTES ON PLATS PERTAINING TO MAINTENANCE RESPONSIBILITIES OF PARK LAND, OPEN SPACE, DRAINAGE EASEMENT, AND OTHER DEDICATIONS WHERE APPLICABLE; 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 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 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 483 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Article III Requirements for Plats, Section 3.03.D, by adding: 41. Provide a note stating the responsible party for maintenance of park land, open space, drainage easement, and other dedications where applicable. 483-Q Page 1 SECTION 2 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 3 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. SECTION 4 Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed. The above penalty shall not apply to a violation in the City's extraterritorial jurisdiction. Two Thousand Dollars and No Cents ($2,000.00) for all violations affecting involving fire safety or public health and sanitation and Five Hundred Dollars and No Cents ($500.00) for all other violations. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 483, as amended, or any other ordinances 483-Q Page 2 affecting zoning yard regulations 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. SECTION 6 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 evidence in all courts without further proof than the production thereof. SECTION 7 The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website 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 (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 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 on the 1st reading the 20'" day of September, 2022. ATTEST: 483-Q Page 3 CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 4tn day of October, 2022. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 483-Q Page 4