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18-DISCUSSION ONLY REGARDING DEVELOPMENT APPLICATIONS AND PLATSSubmittal Date: 11/20/12 Council Date: 11/26/12 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Originating Department: I Presented By: City Manager � John Godwin RECOMMENDED MOTION: Discussion Only POLICY ISSUE(S�: BACKGROUND: Agenda Item No.: 18. We are assiduously trying to improve how well and how quickly we deal with development applications and plats. Historically, it appears state law requirements concerning plats may have been ignored from time to time, and some developed properties were never platted at all. The purpose of a plat is to create and file with the county a comprehensive drawing showing property lines, easements (both public and private), rights-of-way, etc. while also managing land dedications and public capital improvements. Although Paris has its own ordinances governing them, plats are required by state law so we have no real choice in requiring them. Even so, we are taking steps to try to move the platting process along more quickly in Paris. For example, a majority of Texas cities require both the preliminary and final plat to go before the city council for approval. We require only the final plat; preliminary plats need only P&Z approval here. Paris also recently agreed to delegate authority to staff to approve minor plats of up to four lots, meaning they do not have to go to either the commission or the council. We also are delegating approval of curb and gutter variances to staff, and amended plats too may be approved administratively. Because many applicants are not professional builders, we have also developed standardized forms for the various steps in the platting process to try to make it more understandable and easier for our citizens to navigate. And if no public infrastructure is included in a project, we allow the preliminary and final plats to be submitted and approved simultaneously. We also allow dirt work to begin on projects even before plat approval. Attached is a summary of the platting process and copies of the relevant forms. Shawn Napier will make a brief presentation about platting and how it works here in Paris. BOARD�COMMISSION RECOMMENDATION: EXHIBITS: Platting Process & Forms ACTION: ❑ Financial Report ❑ Department Report ❑ Presentation ❑ Public Hearing FISCAL NOTES: ❑ Minute Order ❑ Resolution ❑ Ordinance ❑ Other BUDGET INFO: Budgeted Amt. $ YTD Actual � Acct. Name Acct. Number City of Paris Revised 6/20/12 75 PLATTING PROCESS Platting (to plat): The process required by the government to obtain an approval of a subdivision of real property. The platting process establishes a buildable lot. Included in this packet is a checklist of what is required on a preliminary and final plat. The preliminary plat is exactly what it sounds like; it lays out the preliminary plan before any work is done on a lot or lots. The final plat is done after all the infrastructure work to be dedicated to the city, if any, is completed and accepted. Such infrastructure involves water mains, sewer mains, streets, sidewalks, and drainage facilities. These items are located within rights-of-way and/or easements that are dedicated to the City of Paris through the final plat. The current property zoning is used to determine minimum lot sizes, lot widths, lot depths, maximum building coverage, and setbacks for all sides. The following section of the Zoning Ordinance determines when permits can be issued for platted and unplatted lots: Section 17. Creation of Building Site. No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions: a. The lot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission, and filed in the Plat Records of Lamar Counry, Texas. b. The site plot or tract is all or part of a site plan o�cially approved by the Planning and Zoning Commission, which site plan provides all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting including the designation of building areas and such easements, alleys and streets have been acquired and properly dedicated and the necessary public improvements provided. c. The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of this ordinance prior to annexation to the City of Paris, whichever is applicable, in which event a building permit for only one main building may be issued on each such original separately owned parcel without first complying with either 17-100 a. or b. preceding. The section listed above determines when a plat is required for an unplatted piece of property. However, staff has been issuing permits for structures that are not changing the footprint of the building. For example, if T&K Machine was only going to remodel the interior portion of the building, they would not have been required to plat the property. The following section of the Subdivision Regulations in the Code of Ordinances addresses the platting process. Section II — Procedure. Any owner or developer of any lot, tract or parcel of land located within the corporate limits or within the exti-aterritorial jurisdiction of the Ciry of Paris who may wish to effect a 11/19/2012 �� subdivision of such tract of land and who is required to submit a plat thereof for approval by the City Planning Commission, shall follow the general procedure 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 considered such preliminary plat and has expressed by majority vote of the Commission its tentative approval thereof, the owner or developer may then have prepared as hereinafter set forth a final plat for submission to and consideration by the Commission and for its fznal approval; 3) Upon the approval of any such frnal 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 guaranteeing the completion thereof, as hereinafter specified and provided, and the Council shall, at its next succeeding meeting, consider such final plan, plat or replat and accept by formal action the dedication of all public property therein set forth, provided 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. Replatting and minor plats are covered by the following section of the Ordinance: Section vI. — Replatting. (A) The replat of the subdivision shall meet all of the requirements for a new subdivision that may be pertinent, as provided for herein. It shall show the existing property being subdivided. No preliminary plat will be required on replats. (B) A replat shall not be required in accordance with the above requirements when the following conditions exist: (1) The area affected is not more than two (2) platted lots and does not create more than two lots, or the area affected is one lot facing upon a dedicated street, which lot was separately owned prior to the 12`" day of April, 1965 or prior to annexation into the City of Paris. (2)No easements, dedication of streets or rights-of-way are required for public use. (3)The owner of the property presents to the Director of Public Works a recordable surveyor's plat of the affected property and the Lamar County Clerk recording fee for the same. Said recordable surveyor's plat shall not be deemed a final plat or replat as those terms are used herein. The surveyor's plat so presented shall be reviewed by the City Engineer and if found to be in order shall satisfy the plat requirements involving the issuance of building permits. Under "SectionVI — Replatting", (A) is for replatting and (B) is for minor plats. Replats must go through the platting process and are treated as a final plat. Minor plats can be approved by staff if they meet rules 1-3 listed above. 11/19/2012 ! ! Platting can indeed sometimes make development slower, but it exists for a very legitimate reason and is a legal requirement, so ignoring it is not an option. Typically, the biggest delay comes from a developer or builder who does not realize the requirements even exist, and/or they did not plan the time and cost of developing the plat. Platting may include time and cost for surveying the property, for example, and often includes engineering costs as well. It is not unusual for us to get materials that are incomplete or inaccurate, in which case they have to be returned to the applicant. Plats must legally be acted on by the Planning & Zoning Commission within thirty days of submittal by the applicant, or they are automatically approved. The Planning and Zoning Commission (P&Z) typically meets the first Monday of every month beginning at 5:30 p.m. The deadline for submitting a plat is 17 days prior to the frst Monday of the month, which is a Friday, because they must be reviewed for accuracy and completeness (and sometimes they are neither accurate nor complete). The following Thursday, the city has a meeting with the utility companies and T�OT to discuss what is being proposed. They tell city staff if they need easements or have existing utilities to the sites in question. Once approved by P&Z, a plat has another thirty days before it must be acted on by the city council. Approval is ministerial, meaning if all requirements.are met, the council must approve it. The thirty days is a maximum; we normally move much faster (we had a plat before P&Z on November 5, for example, and before council only seven days later). Special P&Z meetings can be called to act on plats or to take other actions. The reason the date is usually set for the first Monday of the month is if any zoning item is submitted to the city. Zoning applications are due 21 days prior to the first Monday of the month. Zoning changes must be advertised in the newspaper and notices sent to property owners within 200-feet of the property for which an application has been submitted for a zoning change. These notices list the dates, times, and places for the public hearings. The first public hearing is held at the P&Z meeting and the second public hearing is held at the second City Council meeting of the month. 11/19/2012 _ . 'I � LAND USE & PLATS 1. Building permits may generally not be issued until a lot, tract, or parcel is platted. 2. A preliminary plat must meet certain requirements as described in City of Paris ordinances. A Preliminary Plat Review form summarizes these requirements; a Preliminary Plat Submittal Checklist is to be submitted with the preliminary plat application in order to help ensure all parts to the plat are completed. 3. The planning & zoning commission shall review all preliminary plats and shall publicly vote to approve, modify, or deny such plats brought before it within 30 days of their original filings with the city. 4. Upon approval of a preliminary plat by the planning & zoning commission, a developer or land owner shall submit a final plat, which shall also meet certain requirements as described in City of Paris ordinances. A Final Plat Review form summarizes these requirements; a Final Plat Submittal Checklist is to be submitted with a final plat application in order to help ensure all parts to the plat are completed. 5. The commission shall review all final plats and shall publicly vote to approve, modify, or deny such plats brought before it. 6. The city council shall subsequently review all final plats forwarded to it by the commission, and shall likewise publicly vote to approve, modify, or deny such plats. 7. Final plat requests that meet all legal requirements shall generally be placed on the council's consent agenda for ministerial approval without need for discussion. 8. The city council shall, upon the affirmative recommendation of the city engineer, also approve the acceptance of all dedicated public improvements concurrent with approval of final plats, also typically as part of its consent agenda. 9. A request for plat approval should be submitted at least 17 days before the first Monday of the month in order to provide sufficient time to review the plat for completeness and accuracy. 10. The planning & zoning commission typically meets once per month, but is always authorized to meet in special session as often as needed, with full authority to act on any matter before them. 11. Minor plats, that is, those that contain four or fewer lots facing a public street and including no public easement or ROW dedications, may be approved administratively once all platting requirements are met. 12. Amending plats are intended only to correct minor errors to an approved plat, and may also be approved administratively. 13. Replats are new plats of a portion of a previous plat, and must meet all legal and procedural requirements as an original plat request, including commission and council approval, except that no preliminary plat is required and certain notification requirements may be waived. 11/19/2012 79 14. Vacating plats terminate a plat and require a simple statement of vacation if no lots have been sold. If lots have been sold, a vacating plat requires signatures from all property owners and action by the planning & zoning commission and city council. 15. Civil work shall generally not be permitted until a preliminary plat is approved by the P&Z and a site plan has been approved by the city engineer. 16. Site plans and construction plans must be submitted for review and administrative approval. A Development Plan Review form summarizes requirements for any civil site work. 17. All infrastructure that is to be dedicated to the city shall be constructed according to city standards and specifications. 18. Developers may request variances from the construction of the normally required curbs and gutters, which shall be approved administratively. 19. A building permit will not be issued until the final plat is approved and filed. 11/19/2012 .� • CITY OF PARIS BUILDING AND PLATTING PROCESS All property in the City of Paris City Limits and Extraterritorial Jurisdiction (ETJ) shall be platted prior to acquiring a building permit for any structure, except as allowed in Section 17 of the Zoning Ordinance. If the property has never been platted, you must submit a preliminary plat to be approved before the Planning and Zoning Commission (P&Z). A Preliminary Plat Review form lists the plat requirements and a Preliminarv Plat Submittal Checklist list must be submitted to the City of Paris. The deadline for submitting any plat is 17 days before the first Monday of the month. A site plan and construction plans for the subdivision or development may be submitted with the preliminary plat to the Engineering, Planning & Development Department. A Development Plan Review form lists what is required for the civil site work. Civil site work (water lines, sewer lines, drainage, streets and some dirt work) may only begin after the preliminary plat has been approved by P&Z and the site plan has been approved by the Engineering, Planning & Development Department. All infrastructure that is to be dedicated to the City of Paris shall be constructed according to city standards and specifications. After the civil site work has been completed, tested and approved by the City of Paris, a final plat may be submitted to P&Z and City Council for approval. A Final Plat Review form lists the plat requirements and a Final Plat Submittal Checklist list must be submitted to the City of Paris. A building permit will not be issued until the final plat is filed for record at the Lamar County Courthouse by the Engineering, Planning & Development Department, with the exception of Section XIII. Guarantee of Construction in the Subdivision Regulations of the Code of Ordinances. Platting Process 10-5-12 8 �. CITY OF PARIS ENGINEERING DEPARTMENT DEVELOPMENT PLAN REVIEW Address: O1. Submit a complete Grading and Drainage Plan sealed by a Texas Registered Professional Engineer. This plan will show existing and proposed contours, including those on adjacent properties, and finished floor with pad elevations (Elevations tied to City of Paris / FEMA benchmark). Show a drainage area map and drainage calculations (pre and post development). Show all existing and proposed drainage structures and contours. Show individual lot grading plans for all developments. � 2. Submit a utility layout plan, sealed by a Texas Registered Professional Engineer, indicating existing and proposed water and sanitary sewer facilities and services, including water meter size with backflow prevention device (indicate usage if domestic, irrigation, etc.) and locations. Water meters shall be in the City's R.O.W. or easement and backflow device on private property adjacent to the meter. � 3. City of Paris Fire Department requirements, (Call Dale Maberry, 903-784-9226) fire hydrant must be located within 400 feet of all exterior portions of non-sprinkled buildings and 600 feet of sprinkled buildings. The installation and location of all fire hydrants shall be included on the utility layout plan. Show all yard water piping and FDC yard pipe if building is sprinkled. O4. Include a dimensional control plan that shows all the existing and proposed fire hydrants, FDC yard pipes, Fire lanes and all layout dimensions. Show all existing and proposed easements on the plan. O5. All plans shall be signed and sealed by a Texas registered professional Engineer. The Developer and Engineer are responsible for providing as-built plans priar to final acceptance of the project. O6. Include a copy of the plat or deed and show all the easements on the property and adjacent to the property. Provide a cover page; include the address, name of subdivision, lot number, block number of the property, vicinity map and the required text. Also, include Developer(s) and Engineer's name, address, and phone number. All property shall be platted prior to development (See City of Paris Building and Platting Process). O7. Driveway & Utility permits are required for work performed in Texas Department of Transportation Right- of-Ways. For driveway permits inside the City limits the permit shall be completed by a bonded concrete contractor and submitted to the City of Paris for permitting. All driveways shall be permitted by the City of Paris. O 8. If the property is in a FEMA floodplain. A flood study may be required. Show floodplain on the grading and/or drainage plan. Check the Master Drainage Plan (all channels shall be concrete lined at a minimum). O9. Submit 3-sets of civil plans to the Engineering, Planning & Development Department for review. Please allow 2-3 weeks for Review. Reviewed By: Shawn Napier, P.E. (903) 784-9292 Date: DPLANREV(09-02-10) � � City of Paris PRELIMINARY PLAT SUBMITTAL CHECKLIST Name of Proposed Preliminary Plat: Engineer/Surveyor who prepared the plat: Date preliminary plat received: The following shall be submitted for the preliminary plat to be a complete submittal. If any of the required information listed below is not provided, the preliminary plat will not be accepted. The filling deadline is seventeen (17) days prior to the Planning & Zoning meeting, which is the first Monday of every month. Submit 15 large copies (either 18" x 24" or 24" x 36") of the YES NO Preliminary Plat and 2 small (8-1/2" x 11") copies. The large plats shall be folded such that it will fit into a standard 10-inch x 13-inch envelope. 2. Preliminary Plat fee ($100 plus an additional $2.00 per lot) YES NO Check should be made payable to the City of Paris. 3. A completed "Preliminary Plat Review" checklist stating that YES NO the Preliminary Plat has been reviewed and it meets all of the requirements of the "Preliminary Plat Review" checklist. Submitted by: Accepted by: Date Date S:Acitydata\Engineering�snapier\Word�P & Z\PRLIMINARY PLAT SUBMITTAL CHECKLIST.doc 10-9-12 �• City of Paris FINAL PLAT SUBMITTAL CHECKLIST Name of Proposed Final Plat: Engineer/Surveyor who prepared the plat: Date final plat received: The following shall be submitted for the final plat to be a complete submittaL If any of the required information listed below is not provided, the final plat will not be accepted. The filling deadline is seventeen (17) days prior to the Planning & Zoning meeting, which is the first Monday of every month. 2 3 �. 5. � Submit 151arge folded copies (either 18" x 24" or 24" x 36") YES of the Final Plat and 12 small (8-1 /2" x 11 ") copies. The large plats shall be folded such that it will fit into a standard 10-inch x 13-inch envelope. A disk or CD of the final plat. Final Plat fee ($100 plus an additional $1.00 per lot) Check should be made payable to the City of Paris. A completed "Final Plat Review" checklist stating that the Final Plat has been reviewed and it meets all of the requirements of the "Final Plat Review" checklist. A check made payable to the Lamar County Clerk for $30.00 A certificate of taxes paid from the Lamar County Appraisal District for all of the property included in the final plat. NO YES NO YES NO YES NO YES NO YES NO A corrected original mylar or vellum with the owners, developers and surveyor's signatures shall be submitted prior to the City Council Meeting (2°d Monday of the month) or the final plat will be denied. Comments will be provided after the Planning and Zoning Meeting (lst Monday of the month) . Submitted by: Accepted by: Date Date S:Acitydata\Engincering\snapierAWord\P & Z\FINAL PLAT SUBMITTAL CHECKLIST.doc 84 11-16-09 PRELIMINARY PLAT REVIEW Name of Proposed Subdivision Engineer/Surveyor who prepared the plat Date plat received Required information shown on plat: The name of the owner and subdivider with address and phone number. 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 existing subdivision as to cause confusion). Do not use City Block for a name. Use a new name and reference the City Block [i.e., The Hills Phase II (CB 700)] 4. North point, date, scale ( not to exceed one (1) inch to two hundred (200) feet) and the approximate acreage of the proposed subdivision. No. of Copies YES NO 5. The location and width of all existing and dedicated streets, right-of-ways and alleys within or adjacent to the proposed subdivision for a distance of two hundred (200) feet from the proposed subdivision. If there are no adjacent existing or dedicated streets and alleys 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, locations of the nearest subdivision and existing or dedicated streets and alleys. 6. All physical features of the property to be subdivided, including location and size of all watercourses, ravines, existing bridges, culverts and structures and other features pertinent to subdivision, a preliminary drainage plan, with proposed structures and drainageways with acres by class to be drained. The outline of wooded acres and the location of important individual trees are required. Show all trees (type and location) over 19-inches in diameter at 4-1/2 feet above the ground. Show the trees that will be removed. 7. The location, size and approximate depth of all existing utilities shall be shown. 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 shall be shown at intervals of not more than five (5) feet or less than one (1) foot. The contour interval between these limits shall be determined by the topography of the land to be subdivided g� 9. The proposed plan of the subdivision shall be shown, including all proposed streets and their names, right-of-ways, alleys, easements, blocks, lots, building lines, parks, etc., with principal dimensions. Blocks shall be lettered and Lots shall be numbered. 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 subdivider, "Preliminary Plat for inspection Purpose Only". 14. The following certificates shall be placed on the preliminary plat: Approved for Preparation of Final Plat 15. Street extensions if applicable. 16. Minimum 25' R.O.W. from centerline of road in front of plat. Label the ROW width and distance from the roadway centerline to the property line. The standard street is 39-feet wide and has a 60-foot right-of-way. 17. Additional Easement for R.O.W. widening, utilities, etc. 18. All lots will have water and sewer service installed by developer. 19. Fire protection according to Code. Comments: A preliminary plat will not be accepted without the following items: Nineteen (19) large copies (18"x 24" or 24"x 36"), seven (7) small copies (8-'/z"x 11") and the filling fee which is five dollars ($5.00) per preliminary plat plus fifty cents ($0.50) per lot. The filing deadline is ten (10) days prior to the Planning & Zoning meeting, which is the first Monday of every month. Reviewed by: 8� Date Name of Subdivision: Owner: Date final plat received: F1NAL PLAT REVIEW Engineer: Surveyor: Date preliminary plat signed by P& Z Chairman: DATE COMMENT Required information shown on plat: 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). 5. The numbers of lots and blocks, in accordance with a systematic arrangement. 6. North point, date, acreage being subdivided, and scale. All plats shall be on a scale of one (1) inch equals one hundred (100) feet, and on sheets measuring 18" x 24". 7. An accurate boundary survey of the property, with bearings and distances referenced to survey lines and established subdivisions, with complete and accurate field notes of said boundaries. The lines, with dimensions, of all adjacent lands and the lines, with dimensions, of adjacent streets, alleys and easements, in adjacent subdivisions shall be shown in dashed lines. �% DATE COMMENT 8. Location of proposed lots, streets, alleys, easements, parks, building setback lines (both front and side streets), minimum finished floor elevations for each lot in the subdivision and other features required by the City Engineer in review of the preliminary plat, to be shown on the final plat. Check for curb and gutter, drainage plan, existing and proposed utilities and additional ROW. 9. All necessary dimensions, including linear, angular, and curvilinear and other surveying information necessary to reproduce the plat on the ground shall be shown. The linear and curvilinear dimensions shall be shown in feet and decimals of a foot. The angular dimensions shall be shown by true bearings. The length of all straight lines, deflection angles, radii, tangents, central angle of curves, and the chords and ares of curves shall be shown. All curve information shall be shown for the centerline of the street. Dimensions shall be shown from all angle points and points of curve of lot lines. All lots on curves shall be shown in arc distances. 10. All survey monuments shall be shown on the plat. 11. A certificate of dedication of all streets, public highways, alleys, easements, parks and other land intended for public use, signed by the owner or owners and by all other parties who have a mortgage or lien interest in the property or subdivision. 12. A certificate of guarantee of workmanship and materials used in the construction and installation of water mains, sanitary sewer mains and street paving for a period of one year from the date of acceptance of the final plat, executed by the developer and owner or owners and by all other parties who have a mortgage or lien interest in the property or subdivision. 13. All deed restrictions that are to be filed with the plat shall be shown, or filed separately with the plat. •• • w 14. Certification by a surveyor licensed by the State of Texas, or a professional engineer, registered in the State of Texas, to the effect that the plat represents an on the ground survey made by him, and that all the necessary survey monuments are correctly shown thereon and exist on the ground. 15. The following certificate shall be placed on the plat, in a manner that will allow the filling in of the certificate by the property party(APPROVAL CERTIFICATION) 16. Certification that all taxes and fees have been paid. An original copy from the Lamar County Appraisal District is required in order for the final plat to be filed at the Courthouse. 17. When more than one sheet is used for a plat, then a key map showing the entire subdivision on a smaller scale with block numbers and street names shall be shown on one of the sheets or on a separate sheet of the same size. 18. The final plat shall be recorded by the City Clerk in the office of the County Clerk of Lamar County, Texas, within ten (10) days from the date of final acceptance by the Council. Comments: Reviewed by: • f. Date: $30