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Item 4DCITY OF SOUTHLA E MEMORANDUM June 25, 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: City Council consideration and approval of the first 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 Inputt 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- 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, W: ISouthfakel Ordinances%SubdivisionWmendment Subdivision 072607.doc Page 1 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 to 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 development a project that complies only with ordinances and other development regulations in effect on the date the application for the project was started or the date a plan for development was presented, SECTION 2. Section 101 of Ordinance 483, as amended, the City of Southlake Subdivision Ordinance, is hereby amended to read as follows: "Section 3,01 Submittal A, 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; W: t5outhlakelOrdirnanceslSubdivision \Amendment subdivision 072607 doc Page 2 b. a digital copy of the plat provided by the subdivider, using the North American Daturn 1983 (NAD 83), Texas State Plane - North Central Zone (4202), United States; c, every item, study or document required by the requirements of this Subdivision Ordinance or other applicable ordinances for an application being submitted; 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 other 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 Pees as approved by the City Council. E. Expiration: An application for approval of a plat or plan for development shall be deemed to expire on the 45 day after the application is submitted to the Administrative Official for processing if the applicant fails to provide documents or other information necessary to meet the requirements as specified in the W,1 Sout hlakekO rdinanceslSubdivisionlAmendment Subdivision 072607 doc Page 3 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 ding of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied. F. Processing: 9 , 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 all requirements of the Preliminary Plat approval, the applicant may, if wishing to W:1Southlakelordinances \Subdivision \Amendment Subdivision 072607.doc Page 4 proceed with the subdivision, 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, Processin 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 7. Section 4.06 of Ordinance 483, as amended, the City of Southlake Subdivision Ordinance, is hereby amended to read as follows: VV1% Southlake�ordinaneeslSubdivisiontAmendment Subdivision 072607 doc Page 5 "Section 4.06 Plat Revision, Processin 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 11. 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 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, W:1 Southlake\ O €dinancesZubdivision\Amendment Subdivision. 072607 doc Page 6 SECTION 12. 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 13. 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 , 2007. 17, Ry •: ATTEST: CITY SECRETARY PASSED AND APPROVED on second reading the _ day of , 2007. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY W:1Southiake\ Ordinances \Subdivisinn4Amendment Subdivision. 072607 doc Page 7