HomeMy WebLinkAboutOrd 216-2005 Amending Subdivision Ord 2000-01.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 216-2005
AN ORDINANCE AMENDING ORDINANCE NO. 2000-01 (SUBDIVISION
ORDINANCE) BY REVISING THE CONDITIONS UNDER WHICH AN
ALTERNATIVE PLAT CAN BE FILED IN LIEU OF A FORMAL DEVELOPMENT
PLAT; REMOVING CERTAIN REQUIREMENTS FROM DEVELOPMENT PLAT
SUBMISSIONS; AUTHORIZING THE CITY MANAGER TO APPROVE
ALTERNATIVE PLATS; PROVIDING FOR AN APPLICATION FEE FOR
DEVELOPMENT PLATS; REPEALING ANY PROVISIONS IN CONFLICT WITH
THIS ORDINANCE; PROVIDING A PENALTY NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR VIOLATION OF THIS ORDINANCE;
PROVIDING A SEVERANCE PROVISION AND, SETTING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Anna has determined that the submission of
development plats is necessary to the orderly growth, aesthetic appearance, property
values and welfare of the community by securing adequate provision for traffic, light, air,
recreation, transportation, water, drainage, sewage and other facilities; and
WHEREAS, the City Council of the City of Anna seeks to require submission of
development plats for certain types of development where no such platting requirement
previously existed; and
WHEREAS, the City Council of the City of Anna desires to require said submissions for
development both within its corporate limits and extraterritorial jurisdiction; and
WHEREAS, the City Council of the City of Anna has determined that certain
changes in Ordinance No. 152-2004, which authorized the requirement of
development plats, are required to more efficiently and effectively provide for the
health, safety, and welfare of the citizens of the area; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. Authority
This Section is adopted under the Texas Local Government Code, Chapter 212,
Subchapter B, Sections 212.041 through 212.050, as amended.
Section 2. Repealer
All parts of any ordinance in conflict with the provisions of this ordinance are to the
extent of such conflict hereby repealed.
In addition, the last paragraph in section 3.3 (Jurisdiction) is amended to read as
follows:
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Any owner subdividing land outside the corporate limits of the City of Anna but
within its extraterritorial jurisdiction shall submit a plan of subdivision to the
Planning and Zoning Commission and the plan must conform to the minimum
requirements set forth in these regulations.
Section 3. Section 5 of Ordinance 2000.01 Amended
Section 5 of Ordinance 2000-01 is hereby amended by adding the following paragraphs:
Development Plat Required: For purposes of this Section and Section 5.4, the
term "development" means the new construction of any building, structure or
improvement of any nature (residential or nonresidential), or the enlargement of
any external dimension thereof. This Section and Section 5.4 shall apply and
require submission of a development plat for any development in the City's
corporate limits or extraterritorial jurisdiction that would not otherwise be required
to be platted under the City's Subdivision Ordinance. Notwithstanding any other
provision in this Ordinance, platting of proposed development in the City's
extraterritorial jurisdiction need not conform to the form and content requirements
of Subsection 5.4 below, if the city manager or his/her designee determines that
an alternative plat —as described in Section 5.5—is likely to sufficiently
demonstrate whether the proposed development will conform to: (1) the general
plans, rules, and ordinances of the municipality concerning its current and future
streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; (2) the
general plans, rules, and ordinances for the extension of the municipality or the
extension, improvement, or widening of its roads, streets, and public highways
within the municipality and in its extraterritorial jurisdiction, taking into account
access to and extension of sewer and water mains and the instrumentalities of
public utilities; and (3) any general plans, rules, or ordinances adopted by the
City under Texas Local Gov't Code §212.044. However, should the city manager
or his/her designee determine that the alternative plat, once submitted, does not
sufficiently demonstrate that the development will be in compliance, he/she may
require submission of a development plat by a registered professional land
surveyor that complies with the form and content requirements of Subsection 5.4
below.
5.3 Development Plat Form and Content — A development plat shall be
prepared by a registered professional land surveyor as a boundary survey
(accurate in scale) on sheets not greater than 24" x 36" and to a scale of
not smaller than one hundred feet to the inch (two additional mylars shall
be submitted on sheets 17" x 23" to specifically meet the requirements of
Collin County for filing) showing:
(aa) each existing or proposed building, structure or improvement or proposed
modification of the external configuration of the building, structure or
improvement involving a change of the building, structure or improvement;
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fb� each easement and right-of-way within or abutting the boundary of the
surveyed property;
fc, the dimensions of each street, sidewalk, alley, square, park, sewers,
water mains, culverts, other underground structures or other part of the
property intended to be dedicated to public use or for the use of
purchasers or owners of lots fronting on or adjacent to the street,
sidewalk, alley, square, park, sewers, water mains, culverts, other
underground structures or other part of the property;
f!L a preliminary plan for on-site sewage disposal systems or sanitary sewers
with grade, pipe size, and points of discharge;
Lel a preliminary plan of the drainage system with grade, pipe size and
location of outlets;
fi? A preliminary plan for proposed fills or other structure -elevation
techniques, levees, channel modifications, and other methods to
overcome flood or erosion -related hazards,
fg) location of city corporate limits line, the outer border of the City's
extraterritorial jurisdiction, and zoning district boundaries, if they traverse
the development, form part of the development or are abutting the
development.
(h) a key map (see Section 5.1.4);
ji) Title, etc. (see Section 5.1.5);
fjl be accompanied by four (4) copies of the plat, a completed application
form and the required submission fee,
5.4 Alternative Plat Form and Content
An alternative development plat shall be prepared by a registered
professional land surveyor to show a boundary survey (accurate in scale)
to a scale of not smaller than one hundred feet to the inch showing:
(a) each existing or proposed building, structure or improvement or proposed
modification of the external configuration of the building, structure or
improvement involving a change of the building, structure or improvement;
(b) the dimensions of each street, sidewalk, alley, square, park, sewers, water
mains, culverts, other underground structures or other part of the property
intended to be dedicated to public use or for the use of purchasers or
owners of lots fronting on or adjacent to the street, sidewalk, alley,
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square, park, sewers, water mains, culverts, other underground structures
or other part of the property;
(c) a preliminary plan for on-site sewage disposal systems or sanitary sewers
with grade, pipe size, and points of discharge;
(d) a preliminary plan of the drainage system with grade, pipe size and
location of outlets; and
(e) be accompanied by four (4) copies of the plat, a completed application
form, and the required submission fee.
5.5 Procedure for Approval of Development Plat
An applicant for approval of a development plat shall follow the same
procedural steps necessary for approval of a subdivider's preliminary plat
under Section 4 of the City's Subdivision Ordinance No. 2000-01, as
amended. Approval of the development plat by the City Council is deemed
final. No development plat shall be filed or recorded, no building permit
may be issued, and no new development shall begin on land covered by
this Ordinance until the plat has been approved by the City Council. A
development plat properly filed under this Ordinance shall be approved by
the City Council if the plat sufficiently indicates that the proposed
development will conform to:
(1) the general plans, rules, and ordinances of the municipality concerning
its current and future streets, sidewalks, alleys, parks, playgrounds, and
public utility facilities, including but not limited to applicable provisions of
the City's Subdivision Ordinance No. 2000-01, as amended, the City's
Community Development Plan, as amended, the City's Capital
Improvement Plan as amended, the City's Thoroughfare Plan as
amended, and the City's Park Plan as amended;
(2) the general plans, rules, and ordinances for the extension of the
municipality or the extension, improvement, or widening of its roads,
streets, and public highways within the municipality and in its
extraterritorial jurisdiction, taking into account access to and extension of
sewer and water mains and the instrumentalities of public utilities,
including but not limited to applicable provisions of the City's Subdivision
Ordinance No. 2000-01, as amended, the City's Community Development
Plan, as amended, the City's Capital Improvement Plan as amended, the
City's Thoroughfare Plan as amended, and the City's Park Plan as
amended; and
(3) any general plans, rules, or ordinances adopted under Texas Local
Government Code Section 212.044, including but not limited to applicable
provisions of the City's Subdivision Ordinance No. 2000-01, as amended,
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the City's Community Development Plan, as amended, the City's Capital
Improvement Plan as amended, the City's Thoroughfare Plan as
amended, and the City's Park Plan as amended.
Notwithstanding any other provision in this Ordinance, the city manager or
his/her designee shall be authorized to approve an alternative
development plat that sufficiently demonstrates that the proposed
development will be in compliance with the setback requirements in the
City's Subdivision Ordinance No. 2000-01, as amended, and is not in
conflict with the City's Thoroughfare Plan, Water and Sanitary Sewer
Plans, Park, Recreation, and Trail Plans, and other planning documents
and regulations that may be appropriate. If the applicant for a
development plat disagrees with the decision of the city manager or his/her
designee, the applicant may appeal such decision to the City Council.
Such appeal must be made within thirty (30) days of the city manager's
decision and failure to appeal within thirty (30) days bars judicial review of
the city manager's decision.
Section 4. Fees
The application fee for a development plat, including an alternative plat should the city
manager determine that an alternative plat can be submitted, shall be one hundred
dollars ($100.00), to be paid at the time of the submission of the application.
Section 5. Penalties
A person commits an offense if the person violates this Ordinance, including without
limitation the development of any property within the City's corporate limits without an
approved development plat or in a manner that is materially inconsistent with an
approved final plat. An offense of this Ordinance is a Class C misdemeanor. Any
person convicted of violating this Ordinance shall be fined in an amount not to exceed
two thousand dollars for each incident of violation. Each day of the continuance of such
violation shall be considered a separate offense and shall be punished separately.
Section 6. Severance
If any part of this Ordinance is for any reason found by a court of competent jurisdiction
to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid,
legal, and enforceable.
Section 7. Effective Date
This ordinance shall be effective upon the posting and/or publication of its caption as
required by law and the City Secretary is hereby directed to implement such posting
and/or publication.
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PASSED by the City Council of the City of Anna, Texas, by the following vote on this the
28" day of June 2005.
AYE 5
NAY _1_(Lynn Mosier)
ABSTAIN
ATTEST:
APPROVED:
Interim Cat Crane City Secretary i neth a am Mayor
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