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HomeMy WebLinkAbout698 03-09-1982ORDINANCE NO. 698 AN ORDINANCE AMENDING ORDINANCE NO. 147, SAME BEING THE SUBDIVISION RULES AND REGULATIONS OF THE CITY OF EULESS, TEXAS, WITH RESPECT TO DEFINITION OF SUBDIVISION, ADJUST- MENT OF PLAT FILING FEES, REVISION OF PLAT SUBMITTAL REQUIREMENTS, AND PROVIDING PROCEDURES FOR APPROVAL OF REPLATS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND AN EFFECTIVE DATE. WHEREAS, it is the desire of the Euless City Council, following public hearing, to amend the definition of subdivision for the purpose of making the term applicable to single lot developments; AND WHEREAS, it is the desire of the Euless City Council, following public hearing, to adjust plat filing fees for the purpose of making them more accurately reflect City costs associated with the administration and processing of applications for subdivision; AND WHEREAS, it is the desire of the Euless City Council, following public hearing, to revise plat submittal requirements for the purpose of facilitating a more efficient administration of subdivision applications and in order to assist applicants by providing more uniform submittal requirements and time tables to improve development scheduling; AND WHEREAS, it is the desire of the Euless City Council, following public hearing, to provide procedures for the submittal and approval of replats in order to bring same into conformance with recent amendments to State law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, that the hereinafter sections of Euless Ordinance No. 147, same being the Euless Subdivision Rules and Regulations are hereafter amended to be and read as follows: I. Section 6 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance No. 147 is herewith amended to hereafter be and read as follows: Sec. 6. Applicability of Chapter, Definition. "Subdivision" is defined as follows: (a) the act of division of any tract or parcel of land into two (2) or more parts for the purpose of sale or building development, or (b) as to any tract or parcel of land not theretofore platted in conformity with the provisions of this and other appli- cable ordinance of the city, the initiation of any building development thereon. As a condition precedent to any subdivision, the subdivider or owner of such property, or his agent, shall comply with the provisions of this ordinance and any other ordi- nances of the city applicable to such subdivision." II. Section 7 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance No. 147 is herewith amended to hereafter be and read as follows: SPr_ 7_ FPPS_ The applicant will be required to pay a filing fee in accordance with the following schedule at the time of presentation of any plat for review by the city. (a) Preliminary Plat - $100 + $3 /acre or $1 /lot, whichever is greater (b) Combined Preliminary & Final Plats with public improvements - $100 + $5 /acre or $3 /lot, whichever is greater (c) Combined Preliminary & Final Plats without public improvements - $225.00 (d) Final Plats with public improvements - $100 + $5 /acre or $3 /lot, whichever is greater (e) Final Plats without public improvements - $225.00 (f) Replat with no public improvements - $225.00 (Note: also see (h) below) (g) Replat with public improvements required - $200 + $5 /acre or $3 /lot, whichever is greater (Note: also see (h) below) (g) Should a public hearing be required, an additional fee of $100 will be assessed at time final submittals are received to cover the cost incurred by the City in notifying the public of the public hearing. (i) Corrected Plat - $225.00 III. Section 14 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance No. 147 is herewith amended to hereafter be titled and read as follows: Sec. 14. Preliminary Plat - Submittal Requirements. (a) Five (5) review sets of Preliminary Plat Engineering Plans that include a Preliminary Plat, eleven (11) review copies of the Preliminary Plat and a list of proposed street names -2- for any proposed streets should be submitted to the Department of Planning and Development for all proposed subdivisions before noon on Tuesday, twenty -one (21) days prior to the regular meeting of the Planning and Zoning Commission at which approval is requested. Upon review of the above men- tioned review submittals by the City Development Review Committee, the City Engineer will forward correspondence and a review set of engineering plans annotated with review com- ments to the project engineer to be used to assist him with his preparation of revised submittals. The following revised submittals must be made before noon on Tuesday, one (1) week prior to the regular meeting of the Planning and Zoning Commission at which approval is requested: (1) Thirty (30) copies of revised Preliminary Plats. (2) Three (3) sets of revised Preliminary Plat Engineering Plans with plat sheet included. (3) Review set of engineering plans annotated with DRC comments. (4) One to two (1 -2) signed mylar reproducibles of Preliminary Plat sheet: (a) One (1) mylar will be kept for City records. (b) One (1) mylar is optional (for developer to keep). (5) Preliminary Plat Application for Subdivision Platting. The approval of Preliminary Plat by the Planning and Zoning Commission is prerequisite to the approval of the Final Plat for record except those subdivisions which meet the criteria outlined in Section 14(c) below. (b) The Preliminary Plat shall be clearly and legibly drawn on a scale of one (1) inch equals one hundred (100) feet on a sheet twenty -four (24) inches by thirty -six (36) inches in size. All figures and letters shown thereon shall be plain, distinct and of sufficient size that they can be easily read. Should more than one sheet be required for the layout, there shall be included with the several large scale drawings, a key map showing the entire subdivision, drawn at a smaller scale, with block numbers and street names. This key map is to be included upon the first sheet or presented separately as a cover sheet the same size as the large scale sheet. (c) When development is proposed for the entirety of a single whole tract or the entirety of several whole tracts that meet the following criteria, then the City will waive the requirement for approval of separate Preliminary Plat prerequisite to approval of a Final Plat and will require the submittal of only a Combined Preliminary and Final Plat for the addition. The criteria are: -3- (1) There is no Preliminary Plat or Final Plat on file for the property. (2) The tract or combination of tracts is one and the same property as a tract or combination of whole tracts as they appear on the most recent tax rolls. (3) Development is proposed without significant subdivision of the property as determined by the Director of Public Works. If the above criteria can be met, then the City will require that a Combined Preliminary and Final Plat be submitted to conform with the submittal requirements that are established for submittal of Final Plats in Section 17 through Section 19 of the Euless Subdivision Ordinance. The title "Combined Preliminary and Final Plat Engineering Plans" should be sub- stituted in place of the title "Final Plat Engineering Plans" where it appears in Section 17. IV. Section 17 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance No. 147 is herewith amended to hereafter be titled and read as follows: Sec. 17. Final Plat - Submittal Requirements. (a) Five (5) review sets of Final Plat Engineering Plans that include a Final Plat sheet, and eleven (11) review copies of the Final Plat shall be submitted to the Department of Planning and Develop- ment for all proposed subdivisions before noon on Tuesday, twenty - one (21) days prior to the regular meeting of the Planning and Zoning Commission at which approval is requested. Upon review of the review submittals by the City Development Review Committee, the City Engineer will forward correspondence and a review set of engineering plans annotated with review comments to the project engineer to be used to assist him with his preparation of revised submittals. The following revised submittals must be made before noon on Tuesday, one (1) week prior to the regular meeting of the Planning and Zoning Commission at which approval is requested: (1) Thirty (30) copies of revised executed Final Plats: (a) Two (2) prints should signatures. (b) Six (6) prints should signatures or can have (c) Twenty -two (22) prints executed. -4- be executed with original be executed with original blueline copies of signatures. do not have to have signatures (2) Five (5) sets of revised Final Plat Engineering Plans with plat sheet included. (3) Review set of engineering plans annotated with DRC review comments. (4) Two to three (2 -3) signed mylar reproducibles of Final Plat sheet: (a) Two (2) mylars will be kept for City records. (b) One (1) mylar is optional (for developer to keep). (5) Certificate of Taxes indicating that all property taxes are paid current. (6) Final Plat Application for Subdivision Platting. (b) The Final Plat shall be clearly and legibly drawn on a scale of one (1) inch equals one hundred (100) feet on a sheet twenty -four (24) inches by thirty -six (36) inches in size. All figures and letters shown thereon shall be plain, distinct and of sufficient size that they can be easily read. Should more than one sheet be required for the layout, there shall be included with the several large scale drawings, a key map showing the entire subdivision, drawn at a smaller scale, with block numbers and street names. This key map is to be included upon the first sheet or presented separately as a cover sheet the same size as the large scale sheet. (c) The Final Plat must be considered for approval by the Planning and Zoning Commission and referred to the City Council for its approval prior to filing of the plat for record in the office of the County Clerk. If public improvements are required to serve the proposed subdivision, then all contracts and monies required for public improvements must be accepted by the City prior to filing of the plat. V. Subsection (2) of Section 19 of the Euless Subdivision Rules and Regulations heretofore adopted as Ordinance No. 147, is herewith amended to hereafter be and read as follows: (2) The City shall record the plat in the office of the County Clerk within six (6) months after the date of final approval provided conditions in subsection (1) have been met. VI. Article 1 of the Euless Subdivision Rules and Regulations, entitled "IN GENERAL ", heretofore adopted as Ordinance No. 147 is herewith amended by way of addition of Section 23 to hereafter be entitled and read as follows: -5- Sec. 23. Replat - Submittal Requirements. (a) All replats require certification by the City Engineer prior to acceptance by the City of an application for placement on an agenda of the Planning and Zoning Commission. The City Engineer must certify his review of the subject replat and accompanying engineering plans for conformance to the Euless Subdivision Ordinance requirements by noon on Tuesday, twenty - one (21) days prior to the requested hearing before the Planning and Zoning Commission. In order to facilitate said certification, the replat applicant should submit eleven (11) review copies of the Replat clearly labeled "REVIEW COPY ". When public improvements are required to serve the property, as determined by the Director of Public Works, then five (5) review sets of Replat Engineering Plans with plat sheet included are also required. These review submittals should be made no later than noon on Tuesday, thirty - five: (35) days prior to the requested hearing before the Planning and Zoning Commission. Upon review of the review submittals by the City Development Review Committee, the City Engineer will forward correspondence and a review set of engineering plans annotated with review comments to the project engineer to be used to assist him with his preparation of revised final submittals. The following final submittals must be made no later than noon on Tuesday, twenty -one (21) days prior to the date requested for hearing before the Planning and Zoning Commission: (1) Thirty (30) copies of the Replat sheet that has been reviewed and certified for conformance to the Subdivision Ordinance by the City Engineer: (a) Two (2) prints should be executed with original signatures. (b) Six (6) prints should be executed with original signatures or have blueline copies of signatures. (c) Twenty -two (22) prints of plat do not have to have signatures executed. (2) Five (5) sets of Replat Engineering Plans with plat sheet included (if public improvements are required) that have been reviewed and certified for conformance to the Subdi- vision Ordinance by the City Engineer. (3) Two to three (2 -3) signed mylar reproducibles of plat sheet: (a) Two (2) mylars will be kept for City records. (b) One (1) mylar is optional (for developer to keep) (4) Plat Vacation - Require if all lots in subdivision are owned by a single owner, or if all owners of lots in subdivision join in the request for replat. If this form can be completed, then the requirement for a public hearing and submittal requirements 5 -10 will be nullified. (5) Deed Restriction Certification - Required if property is not currently zoned for single family or two family dwellings and has not been so zoned within the last five (5) years. If this form can be filled out to certify that there are no deed restrictions limiting the use of the property to single family or two family dwellings, then the requirement for a public hearing and submittal requirements 6 -10 below will be nullified. However, should there be a deed restriction limiting the property to residential use of not more than two resi- dential units per lot, or if the applicant cannot make this certification on deed restrictions, a public hearing will be required and submittal requirements 6 -12 below must be met. (6) Ownership Certification. (7) Typed list of the names, addresses and legal descriptions of all property owners (according to the last approved ad valorem tax roll of the City of Euless, Texas) of all lots in the immediate preceeding plat or subdivision being revised (if subdivision contains 100 lots or less), or a list of all owners, addresses and legal descriptions of those lots within such subdivision or plat which are located within 500 feet of any portion being replatted (if the subdivision contains more than 100 lots). Failure to notify a property owner will result in rejection of application for replat, in which case the Planning and Zoning Commission shall not consider applicant's request for replat. All notices and fees will have to be resub- mitted and all submittal procedures repeated. Attach this list to Ownership Certification. (8) The City will provide the applicant with City of Euless envelopes. The applicant must address these with the names and addresses of property owners to be notified from the list he prepares to meet submittal requirement (7) above. The applicant must stamp these envelopes with proper postage. (9) Notice of Public Hearing for Property Owners. (10) A location map is to be placed with or drawn on the Notice of Public Hearing form. Location map should show all lots within the subdivision being revised and should indicate the property being revised. (11) Certificate of Taxes indicating that all property taxes are paid current to date. (12) Replat Application. -7- (b) All replats should be drawn to meet format specifications, information requirements, and expiration timetables of Section 17(b), through Section 19 of the Euless Subdivision Ordinance. The title "Replat" should be substituted in place of the title "Plat" where it appears in Section 17(b) through Section 19. In addition to the requirements of Section 17(b) through Section 19, the following information shall appear on the face of the Replat: (1) The letter "R" shall appear after the lot number of all lots that are being revised for the first time. (2) Where the subdivision being revised has not been divided into lots, then the property being resubdivided shall be assigned lot numbers beginning with the number "1" and proceeding consecutively. (3) The title of the replat shall include the following: REPLAT OF �^ ADDITION containing LOTS -R, -R, etc., BLOCK and Being a Revision of LOTS 9 , etc., BLOCK as previously filed in Volume Page , Tarrant County Records and Being Part of the Survey, Abstract , City of Euless, Tarrant County, Texas (c) All requests for replat, except those that meet the criteria of Section 25, shall conform to the submittal requirements herein established. VII. Article 1 of the Euless Subdivision Rules and Regulations, entitled "IN GENERAL ", heretofore adopted as Ordinance No. 147, is herewith amended by way of addition of Section 24 to hereafter be entitled and read as follows: Sec. 24. Replat - Procedures for Approval (a) All applications for Replat must be considered for approval by the Planning and Zoning Commission and referred to the City Council where it must be approved prior to filing of the Replat for record in the office of the County Clerk. If public improvements are required to serve the proposed resubdivision, then all contracts and monies required for the construction of public improvements must be accepted by the City prior to filing the Replat. (b) If any of the proposed area to be resubdivided or replatted was within the immediate preceeding five (5) years limited by any interim or permanent zoning classification to resi- dential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restrictions to residential use for not more than two residential units per lot, then approval of the proposed replat shall be subject to the following con- ditions in addition to the conditions of subsection (a): (1) The Planning and Zoning Commission shall hold a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. (2) Notice of the public hearing shall be given in advance in the following manner: (a) At least fifteen (15) days advance notice of such hearing shall be published in an official paper of the City of Euless. (b) Written notice of such public hearing shall be mailed to all owners of lots in the immediately preceding subdivision plat not less than fifteen (15) days prior to the date of such hearing. Such notice shall be served by depositing the same, properly addressed and postage paid, in a Euless post office to such property owners as appear on a list supplied by the applicant and which has been prepared by the applicant from the last approved City tax roll in conformance with submittal require- ments of Section 23(a). Should failure to notify the required property owners result, due to noncon- formance with Section 23(a) by the applicant, then said failure shall constitute grounds for rejection of application for replat, in which case the Planning and Zoning Commission shall not consider applicant's request for replat. (3) If twenty percent (20%), or more, of the owners to whom notice is required to be given, file with the Planning and Zoning Commission written protest of such replatting or resubdivision prior to or at the public hearing, then approval of the replat shall additionally be subject to written approval of 66 2/3 percentage of the owners of all lots in such plat, or the owners of all lots in such plat within 500 feet of the property sought to be replatted if such immediate preceding plat contains more than 100 lots. Such required written approval must be filed with the city, in required form, within six (6) calendar months from the date of the public hearing of the Planning and Zoning Commission prior to or at which such written notice of opposition was filed. VIII. Article I of the Euless Subdivision Rules and Regulations, entitled "IN GENERAL ", heretofore adopted as Ordinance No. 147 is herewith amended by way of addition of Section 25 to hereafter be entitled and read as follows: Sec. 25. Corrected Plat - Submittal Requirements (a) When an amending plat is proposed for the correction of a plat which has been filed of record, and when the sole purpose of the amending plat is for one or more of the purposes set forth in the folllowing subsections (1) through (8), both inclusive, then the amending plat shall be entitled a Corrected Plat and shall be submitted in conformance with the requirements of this section. This section shall apply only if the sole purpose of the amending plat is: (1) To correct an error in any course or distance shown on the prior plat. (2) To add any course or distance that was omitted on the prior plat. (3) To correct an error in the description of the real property shown on the prior plat; (4) To indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments. (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat. (6) To correct any other type of scrivener or clerical error or omission as previously approved by the City Planning Commission or governing body of such city; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats. (7) To correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat. (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement. (b) If the above criteria can be met, then the City will require that a Corrected Plat be submitted to conform with the sub- mittal requirements that are established for submittal of Final Plats in Section 17 and Section 18 of the Euless Subdi- vision Ordinance, exclusive of Section 17(a)2 and Section 18(5) and (13). The title "Corrected Plat" should be substi- tuted in place of the title "Final Plat" where it appears in Section 17 and Section 18. -10- (c) In addition to the submittal requirements established above, Corrected Plats should be submitted with the following title and explanatory note: CORRECTED PLAT OF ADDITION Being a Correction of Addition as filed in Volume , Page Tarrant County Records and Being an Addition to the City of Euless, Tarrant County, Texas NOTE: The sole purpose of this Corrected Plat is to (cite from Section 25(a)1 -8.) IX. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases 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 unconstitu- tionality shallnot 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. X. Emergency Clause. By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preser- vation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in Section 11, is hereby dispensed with. U. Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $200.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. XII. Effective Date. This ordinance shall be in full force and effect from and afterits passage and publication as provided by the Euless City Charter and the laws of the State of Texas. -11- PRESENTED AND PASSED on first and final reading on the 9th day of March , 1982, at a regular meeting of the City Council of the Cityof Euless, Texas, by a vote of .- ayes, n nayes and absten- tions. ATTEST: Kay Ra ey, City Sec tary APPROVED TO FORM: APPROVED: 1Z� Harold Samuels, Mayor -12-