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13 - Subdivision Ordinance Amendments - HB 3699 - Thoroughfare PlanItem No. 13 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 AMENDMENTS RELATED TO HB 3699 (88(R) LEGISLATURE) --THOROUGHFARE PLAN DATE: February 12, 2024 BACKGROUND: The Texas legislature has enacted HB 3699, effective September 1, 2023, which makes several amendments to Chapter 212 of the Texas Local Government Code relating to the regulation of subdivisions. The primary changes affect municipal platting requirements. HB 3699 implements restrictions on when a municipality may require a developer to dedicate rights-of-way for future roads and streets; right-of-way dedications are currently included in the Master Thoroughfare Plan. The first portion of the subdivision ordinance revisions were presented to the Planning and Zoning Commission on November 6, 2023 and to City Council on November 13, 2023, and received unanimous approval. The agenda for the December 11, 2023 City Council meeting included a public hearing for the second portion of revisions to the subdivision ordinance; staff identified additional time was necessary to accurately present a revised ordinance, and requested the public hearing remain open until the February 12, 2024 City Council meeting. City Council unanimously approved the request to keep the hearing open. The attached amendments to the subdivision ordinance pertain to the Master Thoroughfare Plan, and are in compliance with HB 3699 requirements. STATUS OF ISSUE: The City Attorney and Engineering Department have reviewed the Preliminary and Final Platting, and Master Thoroughfare Plan sections of the Subdivision Ordinance - Section 9A. Following review, staff determined the preliminary and final platting sections of the subdivision ordinance are in compliance, but revision of Section VIII. General Requirements; Thoroughfare Plan is necessary to comply with HB 3699. The revised subdivision ordinance, attached to this memorandum, clarifies dedication of rights-of-way are limited to existing streets, and the City shall not require dedications for future streets, unless intended by the owner; dedications must be an approved and funded portion of a capital improvement plan, and construction specifications are still applicable for streets and roadways in both existing and future streets. The Planning and Zoning Commission conducted a public hearing concerning the attached revisions to the subdivision ordinance at their meeting on February 5, 2024, and unanimously approved the revisions as presented. The revised subdivision ordinance is attached. BUDGET: No budget impact. RECOMMENDATION: 1. Staff recommends approval of the attached revisions to section VIII. of the subdivision ordinance pertaining to the Master Thoroughfare Plan. 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 THE MASTER THOROUGHFARE PLAN, DEDICATION OF LAND, AND STREET REQUIREMENTS; 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, including those relating to the Master Thoroughfare Plan and land dedication; and WHEREAS, at its February 5, 2024, meeting, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments contained in this ordinance, and, following said hearing made formal recommendation to the City Council to approve same; and WHEREAS, on February 12, 2024, 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) VIII, "General Requirements; Thoroughfare Plan," subsections A., B., and C., shall be amended to read as set forth in Exhibit A attached hereto and incorporated by reference. Section I That the remainder of Section VIII, subsections D. through J., shall remain as currently written. 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 5. 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 anv 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 121h day of February, 2024. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Exhibit A VIII General Requirements; Thoroughfare Plan A. THOROUGHFARE PLAN ADOPTED; PURPOSE. The city has heretofore, ..ado pted heFeby adopts the Mmaster Tthoroughfare PRlan SMTP or the:al land to aid in pxomotin ;W order jY,.And.h.ealthfuI development within the cit = and its ETI. ovide for the loci""' and size of thoroughfares in the city-. The streets of a proposed subdivision shall conform to the requirements of the, MTP as may from time to time be_amended. Roadway and..,r.ght of way (ROW). reOuirements shall be based on the roadwa as,s fication,sestablishe,d, by the MTP and this Ordinance. general intent of the approvedther-oug faro plan. The city shall have the authority to deter -mine f4nal alignment and right of way r-equir-ei�nents. B. FUTURE DEVELOPMENT. 1. The city has adopted and will update the MTP by ordinance. The intention of the plan is to minimize traffic and to provide for thoroughfares that appropriately address the traffic demand provided by existing and projected development. The plan addresses pedestrian and auto -oriented modes of travel in a manner that provides for safe interaction between pedestrian and automobile -oriented uses, while reducing automobile -oriented trips within the city. Roadway infrastructure shall be designed in a manner to minimize negative impacts on the environment and to limit roadway construction and maintenance costs. 2. All future developments and subdivisions of land in the city and its extraterritorial jurisdiction shall be designed and constructed in accordance with the master thoroughfare plan and ...this ....O..,.dina,nce..to....the ..full extent allowed under, thelaws of the State of Texas and,,,subiect to Section VIII. C. herein below. C. DEDICATION REQUIRED. Excepat.as set Earth m, Subs,ection..VIIL C 2,..,, Aas a condition for the approval of all future subdivision plats submitted to the city for approval, the owners of the property to be developed shall dedicate to the public, if requiFed by the ply sufficient property al.ong..exstn.ro.adwa...ROW to provide the minimum ROW width of the thoroughfare established by the MTP and this Ordinance. master ther-o g faFe plan. 2. The _city shall reouire._the dedication of land within,a subdivision for a future street or alley; unless such future street or alley is__. intended....bv ..the , owner,,,ofrvthetract..and,,,is,included. funded.n,and...is al2l3roved in _(a)a cal7ital imi)rovement lblan adgj ted by„the city, or h), a similar elan ado j ted bti, LamarCounty k,.Texas, 3. A person who develops property shall construct sidewalks in accordance with the Americans with Disabilities Act. Su sections D. throuh shall remain as currentl written.