Item 6DCITY OF
SOL THLAKE
MEMORANDUM
July 9, 2008
To: Shana Yelverton, City Manager
From: Ken Baker, AICP, Director of Planning and Development
Services
Subject: Ordinance No, 483-N, amendment to the Subdivision
Ordinance No. 483, as amended, as it pertains to
completeness determination procedures and clarification of
the official filing date of an application for approval of a plat.
Action
Requested: Conduct a public hearing and consider approval of the
second reading of proposed Ordinance No, 483-N.
Background
Information: This amendment is intended to bring the City's ordinances
up to date with State Statutes regarding vested rights.. The
amendment is will establish procedures for the determining
completeness of applications subdivision platting and plans
for development and clarify the official filing date for an
application for a subdivision plat or plan for development.
Financial
Considerations: None
Citizen lnputt
Board Review: A public hearing was held prior to the recommendation for
approval made by the Planning and Zoning. No public
comments were received. A public hearing will be held prior
to any second reading consideration by the City Council.
Citizen comments will be received at that time.
Legal Review: This ordinance was prepared and reviewed by the City
Attorney,
Alternatives: 1) Approve as presented.
2) Approve with modification,
3) Deny the request.
Supporting
Documents: The proposed ordinance amendment is attached.
Staff
Recommendation: Approve the ordinance as proposed..
P & Z Actions: Approved (4-0) as presented on June 19, 2008.
City Council Action: Approved (5-0) on the consent July 1, 2008,
ORDINANCE NO. 483-N
AN ORDINANCE AMENDING ORDINANCE NO. 483, AS AMENDED,
THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS TO PROVIDE FOR COMPLETENESS DETERMINATION
PROCEDURES; CLARIFYING THE OFFICIAL FILING DATE OF AN
APPLICATION FOR APPROVAL OF A PLAT; 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. 483, as amended, as the
Subdivision Ordinance for the City, and
WHEREAS, the City desires to adopt the completeness determination
requirements provided in Senate Bill 848 relating to vesting of development
applications; 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Section 1.04 of Ordinance 483, as amended, the City of Southlake Subdivision
Ordinance, is hereby amended by the addition of the following definitions, which shall
be and read as follows:
"Section 1.04 Definitions
CLEAN REVIEW: A review of an application by the Administrative Official which reflects
compliance with all requirements of all applicable ordinances with the exception of
requirements for which a variance has been requested, if any, and a limited number of
minor required revisions, as set forth in the most current submittal policies.
NACommunity Development\MEMO12008cases1483-N Completeness-Vested Rights CC trod reading Memo doc Page 3
PLAN FOR DEVELOPMENT: A plan outlining the proposed use(s) of a tract or tracts of
land, which provides fair notice of the project and the nature of the permit sought. It
includes, but is not limited to the following: an application for approval of a plat, an
application for approval of a zoning change, or a concept plan, a site plan or a graphic
depiction of the tract which reflects, at a minimum, the proposed uses of land and their
location within the tract(s) and the layout of streets and parks and open spaces. It does
not include any information or exhibit presented prior to the submission of a completed
application to (1) City staff for the purpose of seeking information regarding the
applicable regulations or (2) the Planning and Zoning Commission or City Council.
VESTED RIGHT: The right of a person to develop a project that complies only with
ordinances and other development regulations in effect on the date the application for
the project is submitted or the date a plan for development is presented.
SECTION 2.
Section 3.01 of Ordinance 483, as amended, the City of Southlake Subdivision
Ordinance, is hereby amended to read as follows:
"Section 3.01 Submittal
& 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 City's most current
submittal policies, and any reasonable information requested by the
Administrative Official to assist the City in its review of the application. The
Administrative Official is authorized to adopt submittal policies, including the
required number of copies of documents and the permitted number of exceptions
allowed for a clean review.
B. Determination of Completeness: Every application for approval of a plat or plan
for development shall be subject to a determination of completeness by the
Administrative Official for the purpose of determining whether an application is
entitled to one or more vested rights.
No application shall be deemed complete and accepted for review unless
it is accompanied by all documents required by and prepared in
accordance with the requirements of this Ordinance and other applicable
ordinances. For a determination of completeness to be issued, an
application must include the following:
a. a completed application form signed by the owner or authorized
agent,
b. every item, study or document required by the requirements of this
NACommunity DevelopmentlMEMO12008cases1483•N Completeness-Vested Rights CC 2nd reading Memo doc Page 4
Subdivision Ordinance or other applicable ordinances for an
application being submitted;
C. notwithstanding Subsection 3.02. D, 33. a. hereof, the applicant
shall submit with the application a preliminary drainage study which
indicates the pre-development flaws, the anticipated detention
volume, the anticipated post development release rate and the
proposed methods of calculation for each of the above;
d, a non-refundable application submittal fee, as specified in the fee
schedule; and
e. a description of the project which identifies the proposed uses and
their locations on the property, together with the layout of streets
and parks and/or other open spaces.
2, Not later than the tenth business day after the date an application is
submitted, the Director of Planning shall make a determination whether
the application constitutes a complete application. This shall include a
determination that all information and documents required by this
Ordinance, or other applicable ordinances, have been submitted.
3, The Director shall mail the applicant a determination that the application is
incomplete not later that the tenth business day after the date an
application is submitted, The determination shall be mailed by United
States Mail to the address listed on the application or be personally
delivered to the applicant or the applicant's representative. The
determination shall specify the documents or other information needed to
complete the application and shall state that the application will expire if
the documents or ether information is not submitted within 45 days after
the date the application was submitted..
C. 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
number 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,)
D. Fees: Plats submitted to the City for approval shall be accompanied by a check
payable to the City in the amount specified in the Schedule of Fees as approved
by the City Council,
E~ Expiration: An application for approval of a plat or plan for development shall be
deemed to have expired on the 45th day after the application is submitted to the
Administrative Official for processing if the applicant fails to provide documents or
NACommunity Development\MEM0WOE!cases1483-N Completeness-Vested Rights CC 2nd reading Memo doc Page 5
other information necessary to meet the requirements as specified in the
determination provided to the applicant. Thereafter, an applicant must submit a
new application for approval of the plat, No vested rights accrue solely from the
filing of an application that has expired pursuant to this section, or from the filing
of a complete application that is subsequently denied.
F, Processing:
Upon receipt of an application which is deemed complete, the
Administrative Official shall conduct a review of the application within a
reasonable time to determine whether the application complies with
applicable ordinances, generate plat review comments, and notify the
applicant in writing of the same. The applicant shall submit a revised plat
application as necessary until the Administrative Official determines it
meets the requirements of a clean review.
2, A plat or other application shall be officially accepted for processing and
considered to be filed with the City on the date the Administrative Official
has determined that it meets the requirements of a clean review.
G. Filing Date: The thirty (30) day period for approval or denial of a plat, as set forth
in §212,009 of the Texas Local Government Code, shall commence on the date
the Administrative Official determines the application has a clean review.
However, an applicant may request that the review be submitted to the
Commission without a clean review. In this event, the Administrative Official
shall forward the application to the Planning and Zoning Commission and the
City Council, as appropriate. The application may be denied if it does not meet
the requirements of the applicable regulations.
H. Effect of Determination: The processing of an application by any City employee
prior to the time the application is determined to be complete shall not be binding
on the City as the official acceptance of the application for filing. The
incompleteness of an application shall be grounds for denial of the application
regardless of whether a determination of incompleteness was mailed to the
applicant, Further, a determination of completeness shall not constitute a
determination of compliance with the substantive requirements of this
Ordinance"
SECTION 3.
Section 3.03 of Ordinance 483, as amended, the City of Southlake Subdivision
Ordinance, is hereby amended to read as follows:
"Section 3.03 Final Plat, Submittal Requirements:
A, After obtaining approval or conditional approval of a preliminary plat and fulfilling
N1Community Development\MEMO12008cases1483-N Completeness-Vested Rights CC 2nd reading Memo doc Page 6
all requirements of the Preliminary Plat approval, the applicant may submit an
application for approval of a Final Plat. The Final Plat shall be accompanied by a
completed application which shall meet all ordinance requirements. Upon receipt
of the application, the Director shall process the application with the provisions of
Section 3.01 hereof-"
SECTION 4.
Section 4.02 of Ordinance 483, as amended, the City of Southlake Subdivision
Ordinance, is hereby amended to read as follows,
"Section 4.02 Preliminary Plat, Processing
A, An application for approval of a Preliminary Plat will be processed in accordance
with Section 3.01. The Preliminary Plat accompanied by the plat review
comments shall then be sent to the Commission for recommendation and then to
the Council for final action."
SECTION 5.
Section 4.04 of Ordinance 483, as amended, the City of Southlake Subdivision
Ordinance, is hereby amended to read as follows:
"Section 4.04 Plat Showing, Processing:
A. Single-lot Plat Showings. All single-lot Plat Showings will be processed in
accordance with Section 3.01. Upon approval of the plat by the City Manager, the
Administrative Official will obtain the signatures of the Mayor and City Secretary
and record the plat provided all requirements for filing are met."
SECTION 6.
Section 4.05 of Ordinance 483, as amended, the City of Southlake Subdivision
Ordinance, is hereby amended to read as follows:
"Section 4.05 Amended Plat Processing.
A.. Amended Plats: An application for approval of an Amended Plat will be
processed in accordance with Section 3.01. It is 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 record the plat provided all requirements for filing are met."
SECTION
Section 4.06 of Ordinance 483, as amended, the City of Southlake Subdivision
2006cases1483-N Completeness-Vested Rights CC 2nd reading Memo doc Page 7
NACommunity beveloprnentWIEMO
Ordinance, is hereby amended to read as follows:
"Section 4.06 Plat Revision, Processing
A, An application for approval of a Plat Revision (Replat) will be processed in
accordance with Section 3.01. 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 for replats as required by Chapter
212 of the Local Government Code. The Plat Revision and 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 Administrative
Official will obtain signatures of the Mayor and City Secretary and record the plat
provided all requirements for filing are met."
SECTION 8.
Section 2 of this Ordinance shall apply to all apply to applications for approval of
plans for development, including those submitted in a request for a change in zoning, if
submitted prior to or simultaneously with an application for approval of a plat.
SECTION 9.
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 10.
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 19.
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 first reading the day of , 2008.
NACommunity Development\MEM0Q008cases1483-N Completeness-Vested Rights CC 2nd reading Memo doc Page 8
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on second reading the day of , 2008.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
WCommunity DevelopmentlMEMO\2008cases1483-N Completeness-Vested Rights CC 2nd reading Memo doc Page 9