.From
Chris Hartmann
Title
TA150601 - Text Amendment - Article 12 Text Amendment: Residential Replats. A text amendment modifying Article 12 of the Unified Development Code clarifying the minimum legal notice standards of residential replats. The applicant is James Hinderaker, City of Grand Prairie Planning Division. (On June 1, 2015, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approval
Analysis
At the direction of the City Council Development Committee, staff proposes an amendment the Grand Prairie Municipal Code amending Section 12.11.3 of Article 12: Platting of the Unified Development to more closely align the notice requirements for residential replats as contained in Section 212.015 of the Texas Local Government Code.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING SECTION 12.11.3 OF ARTICLE 12: PLATTING OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO MORE CLOSELY ALIGN THE NOTICE REQUIREMENTS OF RESIDENTIAL REPLATS AS CONTAINED IN SECTION 212.015 OF THE TEXAS LOCAL GOVERNMENT CODE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: "Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative."; and
WHEREAS, on March 10, 2015 a review and briefing was held by City Manager staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate an amendment to Section 12.11.3 of Article 12: Platting of the Unified Development to more closely align the notice requirements for residential replats as contained in Section 212.015 of the Texas Local Government Code; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed City Manager staff to initiate the preparation of an ordinance amending Section 12.11.3 of Article 12: Platting of the Unified Development to more closely align the notice requirements for residential replats as contained in Section 212.015 of the Texas Local Government Code for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 7:00 o'clock P.M. on June 01, 2015, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on June 16, 2015 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT Section 12.11.3 of Article 12: Platting of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough, as follows:
12.11.3 Residential Replat: The following additional requirements for approval shall apply, in any re-platting of a subdivision, without vacating the previous plat, if any of the proposed area to be re-platted was within the preceding five (5) years limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the previous subdivision was limited by deed restriction to residential use for not more than four (4) residential units per lot:
A. The following additional requirements for approval shall apply, in any re-platting of a subdivision, without vacating the previous plat, if:
1. any of the proposed area to be re-platted was within the preceding five (5) years limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or
2. if any lot in the previous subdivision was limited by deed restriction to residential use for not more than four (4) residential units per lot:
B. Notice of such Planning and Zoning Commission hearing consistent with the provisions of Article 1, "General Provisions and Procedures," shall be given in accordance with State Law and before the 15th day before the date of the public hearing by:
1. Publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and
2. By written notice, with a copy of Section 212.015(c) of the State Local Government Code attached, forward to the owners of lots that are in the original Subdivision and that are within 200 300 feet of the lots to be re-platted as indicated on the most recently approved municipal tax roll.
C. If the proposed re-plat is protested, the proposed plat must receive the affirmative vote of at least three-fourths (3/4) of the members present of the Planning and Zoning Commission in order to be approved. For legal protest, written instruments signed by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the proposed re-plat and extending 200 feet from the area, but within the original subdivision, must be filed with the Planning and Zoning Commission prior to the close of the public hearing in accordance with State Law.
D. In computing the percentage of land area under Subsection (B), the area of streets and alley shall be included.
E. Compliance with subsection (A) and (B) above shall not be required for approval of a re-plat or a portion of a prior plat if all of the proposed area to be re-platted was designated or reserved for usage other than for single family or duplex residential usage by notation on the last legally recorded plat or in the legally recorded restrictions applicable to such plat.
.
SECTION 2
THAT all other provisions of Section 12.11.3 of Article 12: Platting of the Unified Development Code, not included in this amendment, shall remain in full force and effect, save an except for necessary modifications to the "Table of Contents" affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 4
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 5
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 16th DAY OFJUNE, 2015.
ORDINANCE NO. 9874-2015
CASE NO. TA150601