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07-A Amending Subdivision Ord No. 1315 DRAFT F:ATIORNEY\ORDWORK\CURREN1\Amend Subdivision Regulation Ord 2007 February 5, 2007 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, PROVIDING THAT SUBDIVISION REGULATION ORDINANCE NO. 1315, BE AMENDED BY REVISING APPENDIX B, SECTION III. PRELIMINARY PLAT AND SECTION IV. FINAL PLAT OF SAID ORDINANCE; PROVIDING FOR A CHANGE IN THE TIME LIMIT FOR FILING PLATS WITH THE CITY OF PARIS; REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections III and IV of Ordinance No. 1315 currently require an owner or developer of a tract or parcel ofland within the corporate city limits ofthe City of Paris, Texas, or within the City's extraterritorial jurisdiction to file their preliminary plat or final plat with the City Engineer no less than ten (10) calendar days prior to the City Planning Commission meeting at which the plat is to be considered; and, WHEREAS, ten (10) days is not a sufficient amount of time for the City Engineer and his staff to complete their review and comments to the preliminary plat or final plat prior to its consideration by the City Planning Commission; and, WHEREAS, the City Engineer has determined that seventeen (17) days prior to the meeting of the City Planning Commission is a sufficient amount of time for review and comment; and, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Subdivision Regulation Ordinance No. 1315, Appendix B, Section III Preliminary Plat and Section IV Final Plat of the Code or Ordinances of the City of Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "Section III. Preliminary Plat. The preliminary plat ofthe subdivision of any lot, tract, or parcel ofland shall be filed in the office of the City Engineer of the City of Paris, Texas, at least seventeen (17) 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: ***" "Section IV. 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 seventeen (17) calendar days prior to the meeting of the Commission at which time it is to be considered. * * *" Section 3. That all provisions ofthe ordinances ofthe City of Paris, Texas in conflict with the provisions ofthis ordinance are hereby repealed, and all other provisions of the ordinances ofthe City of Paris not in conflict with the provisions ofthis ordinance shall remain in full force and effect. Section 4. 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 ofthe municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. 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 ofthis ordinance. Section 6. This ordinance shall become effective on immediately upon its passage. PASSED AND ADOPTED this 26th day of March, 2007. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney APPENDIX B-SUBDIVISION REGULATIONS of such tract of land and who is required to sub- mit a plat thereof for approval by the City Plan- ning Commission, shall follow the general proce- dure as herein specified by: (1) Have prepared and submit to the Planning and Zoning Commission a preliminary plat for its study, rejection, recommendations and tentative approval; (2) After the Commission shall have fully con- sidered such preliminary plat and has ex- pressed by majority vote of the Commis- sion its tentative approval thereof, the owner or developer may then have prepared as hereinafter set forth a final plat for sub- mission to and consideration by the Com- mission and for its final approval; (3) Upon the approval of any such final plat or plan by the Planning Commission, the same shall be referred to the City Council, along with a certificate of the completion of the improvements specified and required by this ordinance, or a performance bond guaran- teeing the completion thereof, as hereinaf- ter specified and provided, and the Council shall, at its next succeeding meeting, con- sider such final plan, plat or replat and accept by formal action the dedication of all public property therein set forth, pro- vided it shall appear that such plan, plat or replat in all things fully complies with the terms and provisions of this ordinance; and (4) Upon acceptance of the dedication of the public properties set forth and designated in such plan, plat or replat, the City Clerk shall immediately cause such plan, plat or replat. to be recorded in the Deed Records of Lamar County. (Ord. No. 2439, ~ 1,3-12-79) Section III. 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, at least ten (10) calendar days prior to the meeting of the Planning Commission at which time it is to be considered. The subdivider or owner Ord. No. 1315, ~ III shall file four (4) copies of the prelminary plat and each copy shall show or be accompanied by the following information: (1) The name of the owner and subdivider. (2) The name of the licensed land surveyor or registered professional engineer effecting the survey and design of the plat. (3) The title or name of the subdivision (which must not be so similar to that of an exist- ing subdivision as to cause confusion). (4) North point, date, scale (not to exceed one (1) inch to two hundred (200) feet) and the approximate acreage of the proposed sub- division. (5) The location and width of all existing and dedicated streets and alleys within or adja- cent to the proposed subdivision for a dis- tance of two hundred (200) feet from the proposed subdivision. If there are no adja- cent existing or dedicated streets and al- leys within the two hundred (200) feet of the proposed subdivision on any side, then a map on a smaller scale must accompany the preliminary plat showing the outline and ownership of adjacent properties, loca- tions of the nearest subdivisions and exist- ing or dedicated streets and alleys. (6) All physical features of the property to be subdivided, including location and size of all watercourses, ravines, flood plains, flood- prone areas or areas of special flood haz- ards, existing bridges, culverts and struc- tures and other features. pertinent to sub.. division, a preliminary drainage plan, with proposed structures and drainageways with acres by class to be drained. The outline of wooded areas and the location of important individual trees may be required. (7) The location, size and approximate depth of all existing utilities shall be shown. (8) Plats of subdivisions exceeding three (3) acres in gross area shall have contour maps on the same scale as the preliminary plat accompanying said plat. All elevations on the contour map shall be referenced to the City datum (true elevations). The contours 2915 Ord. No. 1315, 9 III shall be shown at intervals of not more than five (5) feet nor less than one (1) foot. The contour interval between these limits shall be determined by the topography of the land to be subdivided. (9) The proposed plan of the subdivision shall be shown, including all proposed streets and their names, alleys, easements, blocks, lots, building lines, parks, etc., with prin- cipal dimensions. (10) A designation of the proposed uses of land within the subdivision, that is the zoning that is requested. (11) If the proposed subdivision is a portion of a tract which is later to be subdivided in its entirety, then a tentative master plat of the entire subdivision shall be submitted with the preliminary plat of the portion first to be subdivided. The master plat shall conform in all respects to the requirements of the preliminary plat; except, it may be on a scale of not more than ,one (1) inch to four hundred (400) feet. (12) The proposed improvements and utilities to be constructed in the subdivision shall be set forth on the preliminary plat over the subdivider's signature. (13) The following notice shall be placed on the face of each preliminary plat by the subdi- vider, "Preliminary Plat for Inspection Pur- pose Only." (14) The following certificates shall be placed on the preliminary plat: Approved for Preparation of Final Plat Chairman, City of Paris Planning and Zon- ing Commission Date (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. (16) The tentative approval of the preliminary plat by the Commission does not constitute in any manner the acceptance of the sub- PARIS CODE division nor the improvements placed there- in, but is merely an authorization to pro- ceed with the preparation of the final plat. (17) The tentative approval of the preliminary plat by the Commission shall expire and become null and void twelve (12) months after said tentative approval was made. If such be the case, then a new preliminary plat must be submitted as if no prior pre- liminary plat had been submitted. (18) No construction work shall begin on the proposed improvements in the proposed sub- division prior to approval of the prelimi- nary plat by the Commission. (Ord. No. 2494, S 1, 4~14-80; Ord. No. 83-074, S 1, 12-12-83; Ord. No. 86-022, S 1,7-14-86) Section IV. 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 ten (10) 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: (1) The name or names of the owner and subdivider. (2) The name of the licensed land surveyor or registered professional engineer preparing the plat. (3) The name of the proposed subdivision and adjacent subdivision. (4) The names of streets (to conform whenever possible to existing street names). 2916