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OR 91-499 Planning Commission final approver of subdivision plat AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91499 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 341, THE SUBDIVISION ORDINANCE OF THE CITY; PROVIDING THAT THE CITY COUNCIL MAY, UPON MOTION APPROVING A PRELIMINARY SUBDIVISION PLAT, PROVIDE THAT THE PLANNING COMMISSION SHALL BE THE MUNICIPAL AUTHORITY RESPONSIBLE FOR APPROVAL OF THE FINAL SUBDIVISION PLAT OF THE LAND; PROVIDING SPECIAL MEANS OF APPROVING SMALL AND MINOR PLATS; DEFINING SMALL AND MINOR PLATS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSEAND DECLARING ANEFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell heretofore on October 9, 1985, adopted Ordinance No. 341 as the Subdivision Ordinance for the City of Coppell, together with Appendix "A" and Appendix "B" attached thereto; and WHEREAS, the City Council now wishes to amend said ordinance to reduce plat approval time by allowing the Planning Commission to be the final approving authority on certain Final Subdivision Plats, NOW, THEREFORE, \ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: AMENDMENT TO SUBDIVISION ORDINANCE NO. 341 - Page 1. SECTION 1. Section III of the Subdivision Ordinance of the City of Coppell, Ordinance No. 341, adopted the 9th day of October, 1985, is hereby amended by adding the following definition as a new subsection "F": "F. The Municipal Authority responsible for approval of a Final Subdivision Plat shall be the City Council, the Planning Commission if so designated by the City Council or in the case of minor plats the Director of Planning and Community Services" SECTION 2. Section VIII of the Subdivision Ordinance of the City of Coppell, Ordinance No. 341, is hereby amended by adding thereto a new subsections "H" and "I" to read as follows: "H. When the City Council approves a Preliminary Subdivision Plat it may by separate motion, approved by at least three-fourths of its members present and qualified to vote, provide that the Planning Commission shall be the Municipal Authority responsible for the approval of the Final Subdivision Plat of such land and the Final Subdivision Plat of such land need not be brought back for final approval of the City Council unless through inaction on the part of the Planning Commission such final plat is deemed approved by the Planning Commission for failure to act within the 30 day period required the law. AMENDMENT TO SUBDIVISION ORDINAI~CE NO. 341 - Page 2. "I. Where the Planning Commission has been designated as the Municipal Authority responsible for approval of a Final Subdivision Plat, the certificate on such final plat shall state that at the time the City Council approved the Preliminary Plat of the land, the City Council designated the Planning Commission of the City to be the Municipal Authority responsible for the approval of the Final Subdivision Plat of the land." SECTION 3. Section II of the Subdivision Ordinance of the City of Coppell is hereby amended to read as follows: "SECTION II - WITHHOLDING UTILITIES AND BUILDING PERMITS A. City shall withhold the issuance of building permits from any subdivision until such subdivision has been approved by Municipal Authority Responsible for approval of the final plat of such subdivision and the recording of such plat in the office of the County Clerk of the County where such land is located. B. Neither the City, its officials or any public utility or any other entity that provides water, sewer, electric, gas or other utility service, shall serve or connect any land with such service unless presented with a copy of a recorded final subdivision plat containing a certificate showing approval of such plat by the Municipal Authority of AMENDMENT TO SUBDIVISION ORDINANCE NO. 341 - Page 3. the City of Coppell responsible for approval of such final subdivision plat, or, is presented with or otherwise holds a certificate pursuant to Section 212.0115 of the Local Government Code indicating that a plat is not required for the land or that a plat is required, has been reviewed and approved by the Municipal Authority Of the city responsible for approval of a final subdivision plat of the land." SECTION 4. The Subdivision Ordinance of the City of Coppell is hereby amended by amending subsections 4 and 5 of SECTION IV to read as follows: "4. Approval of preliminary plat and, where required, construction plans by Planning Commission and/or City Council." "5. Approval of final plat and, where required, construction plans by Municipal Authority responsible for approval of final subdivision plats, to wit: Planning Commission and/or the City Council or in the case of a minor plat the Director of Planning and Community Services." AMENDMENT TO SUBDIVISION ORDINANCE NO. 341 - Page 4. SECTION 5. The Subdivision Ordinance of the City of Coppell is hereby amended by amending Subsection "G" of SECTION IX to read as follows: "G. After review of the proposed final plat and/or plans by the City Engineer, the final plat shall be submitted to the Planning Commission. 1. If the City Council has designated the Planning Commission to be the Municipal Authority responsible for approval of the final plat, the Commission shall act upon the same within 30 days from the filing date by either giving final approval to the plat or disapproving the plat. If the Planning Commission approves the plat the chairman of the Planning Commission shall sign the certificate of approval, to be attested by the secretary to the commission. Should the plat become deemed approved by the Planning Commission through inaction within the time period specified in Section 212,009 of the Local Government Code, the plat shall require final City Council approval, not withstanding the City Council's prior motion designating the Planning Commission as the Municipal Authority for approval of the final plat. 2. If the City Council has not designated the Planning Commission to be the Municipal Authority AMENDMENT TO SUBDIVISION ORDINANCE NO. 341 - Page 5. responsible for approval of the final plat, the Commission shall act upon the same within 30 days from the filing date by either approving the plat or disapproving the plat. If the Planning Commission disapproves the final plat, the plat will not be sent to the City Council for consideration. If the Planning Commission approves the plat it shall be filed with the City Council for consideration within the 30 day time period specified in Section 212.009 of the Local Government Code. If the City Council fails to take action on the plat or fails to disapprove it within 30 days from the date it was approved or became deemed approved by the Planning Commission, it shall be deemed approved by the City Council. 3. If at any time during the 30 day period of the platting process, the applicant makes a request in writing that the plat be withdrawn from the present consideration of either the Planning Commission or the City Council, as the case may be, and such written request abandons the initial filing date with such body and designates a subsequent date to be the new filing date for the plat before that body, the applicant may be permitted, without the necessity of paying an additional filing fee, to AMENDMENT TO SUBDIVISION ORDINANCE NO. 341 - Page 6. withdraw and refile the plat with such body on the new filing date designated in the written request, and in such case, a new 30 day period for approval or disapproval by such body shall commence to run from the new filing date. 4. If the Municipal Authority responsible for approval of the final plat has indicated its approval subject to certain changes being made by the applicant, the Engineer for the applicant shall make all such changes and submit the final drawing for approval of the City Engineer prior to the signing of the certificate of approval. Where construction plans have been required they shall be approved by the City Engineer before use by the Contractors. Each contractor shall maintain one set of the plans, stamped with city approval, on the project at all times during construction. If construction has not commenced within one year after approval of the plans, resubmittal of the plans may be required by the City Engineer for meeting current standards and engineering requirements." AMENDMENT TO SUBDIVISION O~/3INANCE NO. 341 - Page 7. SECTION 6. The Subdivision Ordinance of the City of Coppell is hereby amended by striking the following from the following sections: A. From SECTION X strike the words "Council" in three places. B. From SECTION XVI strike the word "Council" once as it appears in part A and once as it appears in part B. C. From APPENDIX A, Part VII, strike the word "Council" once as it appears in Paragraph B and once as it appears in Paragraph C. D. From APPENDIX B strike the word "Council" once as it appears in the definition of Developed Area on page 2 and once as it appears in the first paragraph of Section 6 on page 6. SECTION 7. The Subdivision Ordinance of the City of Coppell is hereby amended by adding thereto a new SECTION XXVII to read as follows: A. SECONDARY PLATS (Plats of Secondary Rank) An applicant filing a plat of secondary rank, to wit: a "secondary plat" as that term is herein defined, may at the time of filing the Preliminary Plat, deposit with the City his proposed Final Plat, and to the extent practicable and at the sole discretion of the body considering the plats, both plats may be considered at the same meeting of either the Planning Commission or the City Council. Provided, however, both items shall be considered as separate agenda items and the final plat shall not be considered as filed so as to start the running of the 30 day time period, until after the AMENDMENT TO SUBDIVISION ORDINANCE NO. 341 - Page 8. Planning Commission or the City Council, as the case may be, takes action on the preliminary plat. As used in this provision, the term"Secondary Plat" shall be a plat of second rank involving the following: 1. An area to be platted of five (5) acres or less. 2. An area containing ten (10) or fewer lots. 3. Must not cause major relocation or alteration of existing utilities. 4. Does not require engineering plans or studies. 5. Is bounded by legally dedicated streets, alleys or other dedicated land or railroad right-of way. 6. Does not involve resubdividing in residential districts where lots have been sold. 7. Meets unanimous DRC support. 8. Does not require dedication of significant easements. B. MINOR PLATS (Plats of Third Rank) Pursuant to Section 212.0065 of the Local Government Code, the City Council hereby delegates the ability to approve "minor plats" involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities, to The Director of Planning and Community Services (the "Director"). The Director may, for any reason, elect to present the plat to the Planning Commission or City Council, or both, to approve the plat. The Director shall not disapprove the plat and shall be required to refer any plat which he refuses to approve to AMENDMENT TO SUBDIVISION ORDINANCE HO. 341 - Page 9. the Planning Commission or City Council, or both, within the time period specified in Section 212.009 of the Local Government Code. SECTION 8. REPEALING CLAUSE All parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 9. SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 10. PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 11. EFFECTIVE DATE This ordinance shall take effect immediately from and after its passage as the law in such cases provides. AMENDMENT TO SUBDIVISION ORDINANCE NO. 341 - Page 10. DULY PASSED by the City Council of the City of Coppell, Texas, this the .i~ day of February, 1991. APPROVED: ~t~-~.,,. MAYOR / / ATTEST: c~T~ sEcRET..~Y ' APPROVED AS TO FORM: CITY ATTO~EY C091-0205 AMENDMENT TO SUBDIVISION ORDINANCE NO. 341 - Page 11.