19 - Subdivision Amendment for Preliminary and Final PlattingItem No. 19
Memorandum
TO: Mayor, Mayor Pro Tem & City Council
Grayson Path, City Manager
Robert Vine, Deputy City Manager
Doug Harris, Assistant City Manager
FROM: Todd Mittge, P.E., City Engineer
SUBJECT: SUBDIVISION ORDINANCE AMENDMENT FOR PRELIMINARY AND
FINAL PLATTING
DATE: November 13, 2023
BACKGROUND:
In the current Subdivision Ordinance, Exhibit 9A, ten (10) days, prior to the Planning and Zoning
Commission meeting, is provided for review of Preliminary and Final Plats. Additionally, the
current ordinance does not define the means for location, size and approximate depth of existing
utilities, and requires filing of plats with the Director of Public Works. Staff recommends
amending the ordinance to allow more time for review of plat applications, defining the method
for location of existing utilities, and requiring plats to be filed with the City Engineer.
STATUS OF ISSUE:
The current ordinance states, "The preliminary plat of the subdivision of any lot, tract, or parcel of
land shall be filed in the office of the City Engineer of the City of Paris, Texas, at least ten (10)
calendar days prior to the meeting of the Planning Commission at which time it is to be
considered."
The proposed amendment will state, "The preliminary plat of the subdivision of any lot, tract, or
parcel of land shall be filed in the office of the City Engineer of the City of Paris, Texas, not less
than seventeen (17) and not more than twenty-one (2 1) calendar days prior to the meeting of the
Planning Commission at which time it is to be considered."
Staff also recommends changes to subsection 7 and 15 in the Preliminary Platting Section.
The current ordinance states, "(7) The location, size and approximate depth of all existing utilities
shall be shown." and "(15) The commission shall approve or disapprove any preliminary plat
submitted to them within thirty (30) days after said plat is filed with the Director of Public Works."
The proposed amendments will state, "(7) The location and size of all existing utilities shall be
shown. These utilities shall be located by 811 location services. Use of the City of Paris
Geographic Information System Database shall not be permitted to be used for location of existing
utilities on the plat." and "(15) The commission shall approve or disapprove any preliminary plat
submitted to them within thirty (30) days after said plat is filed with the office of the City
Engineer."
BUDGET:
No impact on the budget.
OPTIONS:
1. Authorize amendments to the current Subdivision Ordinance.
2. Request additional information and/or deny authorization to the current Subdivision
Ordinance.
RECOMMENDATION:
1. Authorize amendments to the current Subdivision Ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CITY ORDINANCE NO. 1315, SUBDIVISION REGULATIONS OF
THE CITY OF PARIS, AS HERETOFORE AMENDED, REGARDING
SUBMISSION OF PLATS; PROVIDING A REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, by city Ordinance No. 1315, the City Council of the City of Paris enacted a
Subdivision Ordinance to regulate subdivision and development of land located inside the
corporate City limits and the extraterritorial jurisdiction of the City of Paris, Texas; and,
WHEREAS, in 2023, the Texas Legislature enacted House Bill 3699 which made
several changes to Chapter 212 of the Texas Local Government Code (LGC) amending certain
regulations and requirements for the platting process; and
WHEREAS, LGC Sec. 212.0015 provides express authority for cities to establish
submittal calendars for the use by plat applicants; and
WHEREAS, review of submitted plats requires a significant time commitment by staff
in the Engineering Department and the City Council desires to revise the Subdivision
Ordinance to provide for a greater review period for staff, and
WHEREAS, in order to improve the quality and accuracy of submitted plats, staff has
recommended an amendment to require that developers locate utilities by using 811
location services; and
WHEREAS, at its November 6, 2023, meeting, following notice and publication as
required by law, the Planning and Zoning Commission conducted a public hearing on the
proposed amendments, and, following said hearing made formal recommendation to the City
Council to approve the requested amendments; and
WHEREAS, on November 13, 2023, following notice and publication as required by
law, the City Council of the City of Paris conducted a public hearing on the proposed
amendments, and having considered the recommendations of the Planning and Zoning
Commission and the testimony and evidence introduced at said public hearing, found and
determined that the proposed changes to the City's Subdivision Ordinance, as set out below,
are in the best interest of the public health, safety, and welfare of the citizens of the City of
Paris by a vote of ayes and nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That City Ordinance No. 1315 (Exhibit 9A to Chapter 9 of the City of Paris
Code of Ordinance) IV, "Preliminary Plat," shall be amended to read as follows, including
amendments to the introductory text and subsections (7), (10), and (15):
IV Preliminary Plat.
The preliminary plat of the subdivision of any lot, tract, or parcel of land shall be filed in the
office of the City Engineer of the City of Paris, Texas, not less than seventeen
(171 and nQtmpr h n twenty one21'calendar days prior to the meeting of the Planning
Commission at which time it is to be considered. The subdivider or owner shall file four (4)
copies of the preliminary plat and each copy shall show or be accompanied by the following
information:
(7) The location and ; size of all existing utilities shall be shown. These utilities shall be
located by 811 location services. Use of the Cit. of Paris Geo ra hic Information S s em
Database shall not, be ,permitted to be used for location of existine utilities on the plat.
(10) The commission shall approve or disapprove any preliminary plat submitted to them
within thirty (30) days after said plat is filed with the office of the City Engineer DiFeeto -
of Public Weks
(15) The commission shall approve or disapprove any preliminary plat submitted to them within
thirty (30) days after said plat is filed with the office of the City Engineer Dir-ee4er- efPu l .
Warps.
Section 3. That City Ordinance No. 1315 (Exhibit 9A to Chapter 9 of the City of Paris
Code of Ordinance) V, "Final Plat," shall be amended to read as follows, including
amendments to the introductory text:
V Final Plat.
The submission to and tentative approval of a preliminary plat by the Commission shall be a
condition precedent to the preparation of a final plat. The final plat shall have all changes and
alterations, if any, shown on the preliminary plat incorporated therein and shall be filed with the
City Engineer at least to (10 not lesswwwthan seventeen ' 17 � and not more than twenty one 21
calendar days prior to the meeting of the Commission at which time it is to be considered.
The plat shall be a reproductable {reproducible} transparent drawing to scale from an accurate
survey on the ground and shall be neat and in all respects proper for filing of record in the office
of the County Clerk of Lamar County. Patching and pasting of paper attachments is not acceptable.
All figures and lettering shall be neat and easily legible. The plat shall show or be accompanied by
the following information:.. .
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section S. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 8. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this the 13th day of November, 2023.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney