Leonard Est/MP-CS 971031TO: Gary Sieb, Director of Planning and Community Services
sFRO~Pen Assistant Director and Services
Community
UB,W, CT': Leonard Estate Plat
DATE:
October 31, 1997
In a telephone conversation several weeks a~o I indicated to Lynn Meyer that a one-lot plat with
frontage on an existi~ street could be submitted as a l~nor Plat. Now that I have seen it, I
realize that street fight-of-way is beir~ dedicated.
I am attachin~ the provisions of the subdivision ordimmce regarding secondary and minor plats, as
well as a copy of the section from the State Local C-ovemment Code which authorizes City
Council delegation of minor plat approval. Ii is unclear whether or not dedic~ing additional
right-of-way on an existi~ street constitutes the ~reation of any new street. Since Council has
not reqaired any pavement widening or curb and gutt~ on DeForest Road for Estates of
Cambridse Manor, Stratford Manor or W'mdsor Estates, I presume there would be no required
street construction in this case either.
To be on the safe side, I surest you talk tO Pete or Bob, but frankly a minor plat appears
appropriate to me. Goin~ through prelimina~ plat and final plat for somethin~ that doesn't even
amount to a subdivision seems like unnecessary red tape. However, if you choose to approve it
as a minor plat, the one thing you might have Dowdey Anderson do is change the title to say
"Minor Plat".
attachment
SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS
SECTION X - SECONDARY AND MI~OR PLATS
SECTION X - SECONDARY AND MINOR PLATS
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 and Zoning 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 Planning and Zoning 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. A plat of an area of five (:5) acres or less;
A plat containing ten (10) or fewer lots;
Will not cause major relocation or alteration of existing utilities;
Does not require engineering plans or studies;
5*
Is bounded on all sides by legally dedicated streets, alleys or other
dedicated land or railroad right-of-way;
6. Does not involve resubdividing of a portion of a residential
subdivision where lots have been sold;
Meets unanimous Development Review Committee support; and
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 requiting 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 and Zoning 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 the Planning and zoning Commission or
City Council, or both, within the time period specified in Section 212.009 of the
Local Government Code.
END OF SECTION
Page 29
nd of
,f the
~r for
~g on
k, or
· the
e the
ment
the
ct is
,.ding
mend-
1989;
Acts
,plat is
for the
Mu-
*land
tefine
J not
rwise
chap-
'elop-
apter
Ccr-
~craft
rig. 'p'-
LAND USE & RELATED ACTIVITIES
§ 212.009
§ 212.005. Approval by Municipality Required
The municipal authority responsible for approving
plats must approve a plat or replat that is required to
be prepared under this subchapter and that satisfies
all applicable regulations.
Actz 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 1, § 46(b), eft. Aug. 28, 1989;
Aet~ 1993, 73rd Leg., ch. 1046, § 2, eft. Aug. 30, 1993.
§ 212.006. Authority Responsible for Approval
Generally
(a) The municipal authority responsible for approv-
lng plats under this subchapter is the municipal plan-
ning commission or, if the municipality has no plan-
ning commission, the governing body of the municipal-
ity. The governing body by ordinance may require
the approval of the governing body in addition to that
of the municipal planning commission.
(b) In a municipality with a population of more than
I~ million, at least two members of the municipal
planning commission, but not more than 25 percent of
the membership of the commission, must be residents
of the area outside the limits of the municipality and
in which the municipality exercises its authority to
approve subdivision plats.
Aet~ 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 1, § 46(b), eft. Aug. 28, 1989.
§ 212.0065. Delegation of Approval Responsibility
A municipality may delegate 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 an
employee of the municipality. The designated em-
phyee may, for any reason, elect to present the plat to
the municipal planning commission or governing body,
or both, to approve the plat. The employee shall not
disapprove the plat and shall be required to refer any
plat which he refuses to approve to the municipal
.planning commission or governing body, or both, with-
m the time period specified in Section 212.009.
Added by Acts 1989, 71st Leg., ch. 345, § 1, eft. Aug. 28,
1989.
§ 212.007. Authority Responsible for Approval:
Tract in Extraterritorial Jurisdiction
of More Than One Municipality
(a) For a tract located in the extraterritorial juris-
diction of more than one municipality, the authority
responsible for approving a plat under this subchapter
i~ the authority in the municipality with the largest
population that under Section 212.006 has approval
responsibility. The governing body of that municipali-
ty may enter into an agreement with any other affect-
ed municipality or with any other municipality having
area that, if unincorporated, would be in the extrater-
ritorial jurisdiction of the governing body's municipali-
ty delegating to the other municipality the responsibil-
ity for plat approval within specified parts of the
affected area.
Co) Either party to an agreement under Subsection
(a) may revoke the agreement after 20 years have
elapsed after the date of the agreement unless the
parties agree to a shorter period.
(c) A copy of the agreement shall be filed with the
county clerk.
Acts 1987, 70th Leg., ch. 149, § 1, eft. Sept` 1, 1987.
§ 212.008. Application for Approval
A person desiring approval of a plat must apply to
and file a copy of the plat with the municipal planning
commission or, if the municipality has no planning
commission, the governing body of the municipality.
Acts 1987, 70th Leg., eh. 149, § 1, eft. Sept. 1, 1987.
§ 212.009. Approval Procedure
(a) The municipal authority responsible for approv-
ing plats shall act on a plat within 30 days af~_x the
date the plat is filed. A plat is considered approved
by the municipal authority unless it is disapproved
within that period.
Co) If an ordinance requires that a plat be approved
by the governing body of the municipality hq addition
to the planning commission, the governing body shall
act on the plat within 30 days after the date the plat is
approved by the planning commission or is considered
approved by the inaction of the commission. A plat is
eonsidered approved by the governing body unless it
is disapproved within that period.
(c) If a plat is approved, the municipal authority
giving the approval shall endorse the plat with a
certificate indicating the approval. The certificate
must be signed by:
(1) the authority's presiding officer and attested
by the authority's secretary; or
(2) a majority of the members of the authority.
(d) If the municipal authority responsible for ap-
proving plats fails to act on a plat within the pre-
scribed period, the authority on request shall issue a
certificate stating the date the plat was filed and that
the authority failed to act on the plat within the
period. The certificate is effective in place of the
endorsement required by Subsection (c).
311