0483-BORDINANCE NO. 483-B
AN ORDINANCEAMENDING ORDINANCE NO. 483, THE SUBDIVISION
CONTROL ORDINANCE FOR THE CITY OF SOUTHLAKE, TEXAS;
PROVIDING FORA PPROVALOF CERTAIN PLATS BY CITY STAFF A~D
BY THE PLANNING AND ZONING COMMISSION; PROVIDING TI{AT
THIS ORDINANCE S}{AT.T. BE CUMULATIVE OF ATJ. ORDINANCES;
PROVIDING A SEV~ILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION
IN THE OFFICI;kL NEWSPAPER; AND PROVIDING AN EFFECTI~-E
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 council has determined that it is in the
public interest to streamline the process for the approval of plats
by providing that certain plats will be approved by city staff and
certain plats will be approved by the planning and zoning
commission; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF ~E CITY OF SOUTHLAKE, TEXAS:
SECTION 1. That Section 1.04 of Ordinance No. 483, the
Subdivision Control Ordinance of the City of Southlake, is amended
by amending the definition of "Plat Showing" to read as follows:
"PLAT SHOWING: A plat which includes less than 10 acres and
four or fewer lots and typically has no internal public works
improvements. A plat showing typically combines requirements of
the preliminary and final plats."
SECTION 2. That Subsection 2.01 B, of Ordinance No. 483, the
Subdivision Control Ordinance of the City of Southlake, is amended
to read as follows:
"B. Plats required for compliance:
1.
Any proposed subdivision of land which contains 10
or more acres of land or proposes 5 or more lots or
proposes any internal public works improvements
shall require a Preliminary Plat to be processed
and approved prior to approval of a Final Plat .
When subdividing a tract containing less than 10
acres and which proposes 4 or fewer lots, the owner
may, at his own discretion, elect to cause a
Preliminary Plat to be processed and approved prior
to approval of a Final Plat
3 o
In the event that the owner elects to subdivide
said tract of less than 10 acres into four or fewer
lots, without approval of a Preliminary Plat, he
shall:
ho
Cause a Plat Showing to be approved and filed
of record if the tract has not previously been
platted; or
bo
Cause a Plat Revision to be approved and filed
of record in the County Plat Records if all or
a portion of the tract has been previously
platted."
SECTION 3. That Section 3.04 of Ordinance No. 483, the
Subdivision Control Ordinance of the City of Southlake, is amended
to read as follows:
"Section 3.04 Plat Showing, Submittal Requirements:
ao
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 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 Director or Community
Development. All requirements of Sections 3.01 and 3.03
shall be satisfied for submittal.
Bo
A Plat Showing of four 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 o that survey. The Building
Official 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.
Example: Absalom J. Chivers Survey, Abstract No. 78
Submitted as: Lot 1, A.J. Chivers No. 78 Addition."
SECTION 4. That Subsection 3.05 A.1, of Ordinance No. 483,
the Subdivision Control Ordinance of the city of Southlake, is
amended to read as follows:
"A. Amended Plats are plats which:
Alter the interior lot line or change building
setback lines for purposes of a more buildable area
without increasing the number of lots."
SECTION 5. That Section 3.05, of Ordinance No. 483, the
Subdivision Control Ordinance of the city of Southlake, is amended
by adding Subsection D to read as follows:
"D.
No stipulations except those pertaining to the accuracy
or clarity of the face of the plat or the provision of
adequate utilities or payment of delinquent fiscal
charges shall be added as a condition of filing such a
plat and no changes may be shown other than as specified
in this ordinance."
SECTION 6. That Subsection 4.01 A, of Ordinance No. 483, the
Subdivision Control Ordinance of the City of Southlake, is amended
to read as follows:
"A. Authority for Approval:
City Staff: The City Manager, upon receiving a
recommendation for 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 involving four
or fewer lots. 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.
2 o
Planning 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 Amended Plats involving
five or more lots and all Final Plats.
3 o
City Council: The City Council shall establish
development requirements and adopt guidelines and
regulations governing the subdivision of land
within the City and it's extraterritorial
jurisdiction. The City Council shall receive a
recommendation from the Planning and Zoning
Commission on each Preliminary Plat, Plat Revision,
and multiple-lot Plat Showing and shall then make a
final decision as to the approval or disapproval of
these plats. Any ancillary agreements shall be the
sole responsibility of the Council."
SECTION 7. That the introductory Paragraph A of Section 4.02
of Ordinance No. 483, the Subdivision Control Ordinance of the City
of Southlake, is amended to read as follows:
tlA.
Ail Preliminary Plats will be accepted for review, plat
review comments generated, and a copy of this review
given to the applicant. The Preliminary Plat accompanied
by the plat review comments shall then be sent to the
Commission for recommendation and then the Council for
final action"
SECTION 8. That of Subsection 4.02 A.3 of Ordinance No. 483,
the Subdivision Control Ordinance of the city of Southlake, is
amended to read as follows:
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."
SECTION 9. That Section 4.03, of Ordinance No. 483, the
Subdivision Control Ordinance of the City of Southlake, is amended
to read as follows:
"Section 4.03 Final Plat, Processing:
The Final Plat will be accepted for review, Plat Review
comments generated and a copy of this review given to the
applicant. The Final Plat accompanied by the Plat Review
comments shall then be sent to the Commission for final
action. Upon approval by the Commission, the Zoning
Administrator will obtain the signature of the Commission
Chairman and Secretary and file the plat in accordance
with this ordinance."
SECTION 10. That Section 4.04, of Ordinance No. 483, the
Subdivision Control Ordinance of the City of Southlake, is amended
to read as follows:
"Section 4.04 Plat Showinq, Processinq:
Single-lot Plat Showings: Ail single-lot Plat Showings
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 Zoning
Administrator will obtain the signature of the Mayor and
City Secretary and file the plat in accordance with this
ordinance.
Multiple-Lot Plat Showings: Ail 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 Zoning Administrator 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 11. That Section 4.05, of Ordinance No. 483, the
Subdivision Control Ordinance of the City of Southlake, is amended
to read as follows:
"Section 4.05 Amended Plat, Processing:
ao
Amended Plats with four or less lots: Ail Amended Plats
with four or less lots 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 by the
City Manager, the Zoning Administrator will obtain the
signature of the Mayor and City Secretary and file the
plat in accordance with this ordinance.
Amended Plats with five or more lots: Ail Amended Plats
with five or more lots will be accepted for review, plat
review comments generated and a copy of this review given
to the applicant. The Amended Plat accompanied by the
plat review comments shall then be sent to the Commission
for final action. Upon approval by the Commission, the
Zoning Administrator will obtain the signature of the
Commission Chairman and Secretary and file the plat in
accordance with this ordinance.
c. Should any of these conditions prove unacceptable to the
applicant, Amended Plats may be submitted and processed
as Plat Revisions."
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 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
paragraph or section.
SECTION 14. Any person, firm or
phrase, clause, sentence,
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 Two Thousand Dollars ($2,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 15. 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
courts without further proof than the production
evidence in all
thereof.
SECTION 16.
The City Secretary of the City of Southlake is
hereby 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 17. 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
· 1993 .
/&...... '.....
ON FIRST READING ON THIS ~i DAY OF
PASSED AND APPROVED ON
__. , 1993 .
~YOR
ATteST:
~ITY SECRETARY
SECOND READING ON THIS ~ DAY OF
FA¥OR
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O4/13/93 -7--
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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