13-RECOMMEND ADOPTION OF ORD AMENDMENTSSubmittal Date:
12/03/12
Council Date:
12/10/12
CITY CqUNCIL AGENDA ITEM BRIEFING SHEET
Originating Department: I Presented By:
City Manager � John Godwin
RECOMMENDED MOTION:
Recommend adoption of ordinance amendments
POLICY ISSUE�S�:
BACKGROUND:
Agenda Item No.:
13.
At the November 12 regular meeting, the city council discussed and agreed to the granting of authority
to the city engineer to administratively approve minor plats of up to four lots once all legal requirements
are met. This would mean that such plats would not be brought before either the planning & zoning
commission or the city council for their input or action. This is consistent with state law, and should
allow us to move signifcantly faster on these types of plats. Since approval of all plats is a ministerial
function, meaning that if technical requirements are met we must approve them, granting this
administrative authority to staff should present no problems. The attached ordinance also grants
administrative authority to waive construction of curbs and gutters for certain development.
BOARD�COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance
ACTION:
❑ Financial Report
❑ Department Report
❑ Presentation
❑ Public Hearing
FISCAL NOTES:
❑ Minute Order
❑ Resolution
� Ordinance
❑ Other
BUDGET INFO:
$
Amt. $
YTD Actual
Acct. Name
Acct. Number
City of Paris �� Revised 6/20/12
DRAFT
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CITY ORDINANCE N0. 1315, SUBDIVISION REGULATIONS, BY
ADDING A NEW SECTION I. PURPOSE AND AMENDING SECTION VI
REPLATTING AND SECTION VII. (F) MINIMUM IMPROVEMENTS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SAME 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, these subdivision regulations have been updated and revised over the
years as state law has changed and development trends have evolved; and,
WHEREAS, at the November 26, 2012 meeting of the Paris City Council, the City
Manager presented some additional changes to the City's Subdivision regulations relating
to minor plat approval of four (4) lots or less and administrative variances for certain curb
and gutter requirements; and,
WHEREAS, the City Council hereby finds and determines that the proposed changes
to the City's Subdivision Ordinance, as set out below, are in the best interest of the city and
its citizens and should be approved.
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, as previously amended, is hereby further
amended to add a new section "I. Purpose" to read as follows. All remaining Sections of
Ordinance No. 1315 to be renumbered consecutively following the new Section I. Purpose.
"Section I. Purpose
In accordance with the laws of the State of Texas, every owner of land located within the
corporate limits of the City of Paris, or within the extraterritorial jurisdiction of the City of
Paris, who divides the tract in two (2) or more parts for the purpose of laying out a
subdivision of the tract including addition to the City of Paris, or for laying out suburban
lots or building lots, and streets, alleys or parks and other portions intended for public use,
or the use of purchasers or owners of lots fronting thereon or adjacent thereto, are
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required to submit a plat of such subdivision or addition for approval by the City Planning
Commission of the City of Paris. The City hereby creates an exception to these
requirements when four (4) or fewer platted lots are affected or four (4) or fewer
unplatted lots are created and no easements, dedications, or rights-of-way are required for
public use and the owner provides a recordable surveyor's plat and recording fee; however
lots created under this exception cannot be re-divided, using the procedure established in
this exception.
The City Council of the City of Paris is empowered by law to promulgate and establish the
general plan of said City and its streets, alleys, parks, public utility facilities, including those
which have been or may be layed out, together with general plan for the extension of such
City and of its roads, streets and public highways within said City and within the
extraterritorial jurisdiction thereof.
On and after the passage of this ordinance any person, firm or corporation seeking
approval of any plat, plan or replat of any subdivision of land within the corporate limits or
within the extraterritorial jurisdiction of the City of Paris shall be required to comply with
the requirements of this ordinance before such approval may be granted.
Section 3. That Section VI. Replatting of City Ordinance No. 1315, Subdivision
Regulations of the City of Paris, Texas, as previously amended, is hereby further amended
to read in its entirety as follows:
"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 four (4) platted lots and does not create more
than four (4) lots.
(2) No easements, dedication of streets or rights-of-way are required for public use.
(3) The owner of the property presents to the City Engineer 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.
Section 4. Subsection F"Minimum Improvements" of Section VII. General
Requirements, of City Ordinance No. 1315, Subdivision Regulations of the City of Paris,
Texas is hereby amended to read as follows:
"Section VII. General Requirements.
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F. MINIMUM IMPROVEMENTS
1. The following improvements shall be placed within all new subdivisions by the subdivider and
these improvements or guarantee thereof, as set forth herein, shall be a condition precedent to
the final approval and acceptance of the subdivision:
(a) Standard curb and gutter, except as permitted in area zoned Single-Family Dwelling
District No. One (SF-1) (and not otherwise required) or by variance. A Subdivider
may request a curb and gutter variance from City by submitting the request in writing
to the City Engineer prior to Final Plat Approval. The City Engineer may grant a
curb and gutter variance administratively upon finding of special circumstances or
unnecessary hardship.
(b) Street subgrade (with lime stabilization as required). (Ord. No. 85-012, § l, 4-15-85)
(c) Street pavement. (Ord. No. 85-012, § l, 4-15-85)
(d) Valley or dips, where essential for drainage purposes.
(e) Street signs.
( fl Water service and fire hydrants, where required under this ardinance.
(g) Sewer service, where required.
(h) Storm sewers and drainage structures, where required.
2. All improvements shall be done in accordance with the design standards of this ordinance and
at the time of submission of the plat.
(a) Surveying and Engineering. The subdivider or developer shall furnish all engineering
and surveying necessary to prepare the plat, and all engineering necessary to prepare
the plans and specifications and supervise the construction thereof of all improvements
within the subdivision except where contracts are entered into with utility companies
licensed to operate in Paris, Texas, and this said construction is to be done by their own
forces. In this event utility companies shall furnish all engineering and inspection
necessary for this construction. The City Engineer or his authorized representative shall
have the power to inspect any or all improvements being constructed under this
ordinance to insure [ensure] the fulfillment of the intent of this ordinance.
Section 5. 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 6. 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
.
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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 7. 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 8. 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. 1-6 of Chapter One 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 9. That the City Council voted to suspend the rule requiring two readings
before adoption of this ordinance by a supermajority vote of _ ayes and _ nays.
Section 10. That this ordinance shall become effective from and after its passage of
the first reading and publication as required by law.
PASSED AND ADOPTED this the 10th day of December, 2012.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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A.J. Hashmi, M.D., Mayor