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.