11-05-2002 (Planning & Zoning) Agenda Packet Planning & Zoning
Commission
I
City of Wylie
November 5, 2002
Regular Business Meeting
AGENDA
PLANNING AND ZONING COMMISSION
CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North Wylie, Texas 75098
Tuesday, November 5, 2002
7:00 p.m.
CALL TO ORDER
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes from the October 15, 2002 Regular Meeting.
ACTION AGENDA
1. Consider a recommendation to the City Council regarding a Final Plat for the Railroad
Industrial Park Addition, 1st Revision, generally located west of Birmingham Street and north
of State Highway 78, being all of a .397 acre tract of land, including a replat of Lot 3, and a
0.123 acre tract of land conveyed to Robert W. Heath, Dorothy Heath, Dick O. Sharman and
Carolyn Sharman, recorded in Collin County Clerk's File No. 02-0151549, situated in the
S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas.
WORK SESSION
1. Review draft proposal of new Subdivision Regulations.
2. Presentation of the policies and procedures of the Tree Preservation regulations.
ADJOURNMENT
G-WW19-.)
Posted Friday,November 1, 2002, at 5:00 p.m.
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE.SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED
A El ENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170.
MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
October 15, 2002
7:00 pm
Notice was posted in the time and manner required by law and quorum was present.
Commission Members Present: Staff Members Present:
Jeff Adamcik Claude Thompson, Director
William Chapman Mary V. Bradley, Secretary
Michael George Terry Capehart, Assistant Planner
Don Hughes
Mike Phillips
Commission Members Absent:
Carter Porter
Tony Snider
CALL TO ORDER
Chairman George called the Regular Meeting to order at 7:00 p.m.
PLEDGE AND INVOCATION
Mr. Mark Forest, from Murphy Road Baptist Church offered the Invocation and
Commissioner Phillips led the Pledge of Allegiance.
CITIZEN PARTICIPATION
No one appeared to speak.
CONSENT AGENDA ITEM
1. Consider and act upon approval of the Minutes from the October 1, 2002, Regular
Meeting.
Motion was made by Commissioner Hughes, and seconded by Commissioner Chapman,
to approve the minutes as submitted. Motion passed 5 —O.
P&Z Commission Meeting
October 15, 2002
Page 2 of 2
ACTION AGENDA
1. Consider a recommendation to the City Council regarding a Final Plat for the
ME-N-U Estates Addition, generally located southwest of Pleasant Valley Road and
east of South Ballard Avenue, being all of a certain 5.001 acre tract of land conveyed
to Darcy Wyler as recorded in Volume 5096, Page 1491, Deed Records of Collin
County, Texas, being situated in the Guadalupe De Los Santos Survey, Abstract No.
1384, Dallas County, Texas and Abstract No. 1100, Collin County, Texas, within the
Extraterritorial Jurisdiction of the City of Wylie, Texas.
Thompson stated that the subject property totals 5.001 acres, and will create two rural lots
as well as right-of-way for Pleasant Valley Road. Lot 1 is a 1.0-acre tract and Lot 2 is a
3.73-acre tract. This Plat is located in both Dallas and Collin Counties but is within the
Extraterritorial Jurisdiction of the City of Wylie.
The Plat provides 40 feet of right-of-way for the dedication and future widening of
Pleasant Valley Road. Pleasant Valley Road has never been purchased or dedicated and
the abutting properties extend to the center of this roadway.
Commissioner Phillips questioned the note that the subdivision was an addition to the
City of Wylie, rather than to the County within the Wylie ETJ. Thompson stated that the
Plat would be corrected before it is presented to City Council.
Dee Wyler, 6311 Pleasant Valley, Wylie, Texas, represented as applicant/owner and to
answer questions. Dana Andrews, and James Hammes, 509 Willow Way, Wylie, Texas,
represented as applicant/owner and to answer questions.
Motion was made by Commissioner Phillips, and seconded by Commissioner Hughes, to
recommend approval to City Council with the change to the legal description before
submittal. Motion passed 5 —O.
2. Consider a recommendation to the City Council regarding a Final Plat for the
Southplace Estates Phase V Addition, generally located east of Ballard Avenue and
south of F.M 544 and east of the existing Southplace Estates Phase IV Addition, as
described in a deed to Wylie Southplace L.P., being part of a certain 48.56 acre tract
as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin
County, Texas, being all of a certain 12.754 acre tract of land situated in the Allen
Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas.
Thompson stated that the Plat totals 12.754 acres of land and will create 45 single-family
residential lots. This Plat also provides for a 15-foot open space link to the adjacent
Community Park to the east. The subject property was rezoned from Single Family
8.5/17 to Planned Development (PD 2002-08) District on October 8, 2002.
P&Z Commission Meeting
October 15, 2002
Page 3 of 3
Robert Betancur, Zena Development, P.O. Box 92864, Southlake, Texas, represented the
applicant.
Motion was made by Commissioner Chapman, and seconded by Commissioner Hughes, to
recommend approval to City Council. Motion passed 5 —O.
3. Consider a recommendation to the City Council regarding a Final Plat for the
Southplace Estates Phase VI Addition, generally located east of Ballard Avenue and
south of F.M. 544 and south of the existing Southplace Estates Phase I Addition, as
described in a deed to Wylie Southplace L.P., being part of a certain 48.56 acre tract
as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin
County, Texas, and being all of a certain 10.129 acre tract of land situated in the
Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas.
Thompson stated that this Plat will create 34 single-family residential lots on 10.129
acres. The rezoning of this property from Neighborhood Services (NS) and Single
Family 8.5/17 to Planned Development (PD 2002-09) District for Single-Family uses was
approved by the City Council on October 8, 2002. The Plat will create a new entry to the
existing Southplace Estates.
Robert Betancur, Zena Development, P.O. Box 92864, Southlake, Texas, represented the
applicant.
Motion was made by Commissioner Hughes, and seconded by Commissioner Chapman,
to recommend approval to City Council. Motion passed 5 —O.
PUBLIC HEARING
1. Hold a Public Hearing and consider a recommendation to the City Council regarding
a change in zoning from Corridor Commercial (CC) to Multi-Family Residential
(MF), generally located north of Centennial Drive between Eubanks Lane and Spring
Creek Parkway, being all of a 12.393 acre tract of land, described as Lot 1, Block B
of the Woodlake Village Addition, City of Wylie, Collin County, Texas. (Zoning
Case 2002-14)
Thompson reviewed the history and location of the subject property, stating that the
property on the north is the railroad corridor and is zoned Industrial (I) and occupied by
the railroad switching functions. The tract is 185 feet deep and fronts along Centennial
Drive a distance of 1,625 feet, and totals 12.393 acres. Thompson stated that the property
could support commercial uses because of the larger commercial magnets likely to
develop along S.H. 78, but that the adjacent railroad activity could cause noise and
vibration conflicts for the proposed apartment residential.
P&Z Commission Meeting
October 15, 2002
Page 4 of 4
C.T. Beckham, 5400 Ellen, Dallas, Texas, represented as the applicant, stated that the
berm will be increased and a masonry wall constructed which will separate the railroad
from the subject property. He stated that the switching function is not immediately
adjacent to the proposed multi-family uses.
Commissioner George opened the Public Hearing and no one appeared to speak.
Commissioner George closed the Public Hearing.
A motion was made by Commissioner Hughes, and seconded by Commissioner
Chapman, to recommend approval of the rezoning. Motion failed 2-3.
Motion was made by Commissioner Phillips, and seconded by Commissioner Adamcik,
to recommend denial because the nonresidential uses of the current Corridor Commercial
zoning is more compatible with the adjacent railroad operations than the requested
residential use. Motion passed 3 —2.
2. Hold a Public Hearing and consider a recommendation to the City Council regarding
a change in zoning from Multi-Family Residential (MF) to Corridor Commercial
(CC), being all of a certain 13.569 acre tract of land generally located north of State
Highway 78 and east of Spring Creek Parkway, and being a part of a 286.398 acre
tract of land as described in a deed to Centennial Arapaho Development Venture as
recorded in Volume 2358, Page 673 of the Deed Records of Collin County, Texas and
being situated in the Francisco De La Pina Survey, Abstract No. 688 in the City of
Wylie, Collin County, Texas. (Zoning Case 2002-15)
Thompson reviewed the history of the subject property and stated that the property totals
13.56 acres and is 1,587.32 feet deep. The size and configuration of the subject property
can support a broad variety of commercial uses allowed within the requested Corridor
Commercial zoning, as either individual free-standing retail or a large commercial use or
multi-tenant center.
C.T. Beckham, 5400 Ellen, Dallas, Texas, represented the applicant/owner of the
property. He stated that he was hoping to attract a single, large retail use to the site.
Commissioner George opened the public hearing, but no one appeared to speak.
Commissioner George closed the public hearing. There was no further discussion.
A motion was made by Commissioner Hughes, and seconded by Commissioner Phillips,
to recommend approval of the rezoning to the City Council. Motion passed 5 - 0.
MISCELLANEOUS
Commissioners wished a Happy Birthday to Commissioner Hughes.
P&Z Commission Meeting
October 15, 2002
Page 5 of 5
ADJOURNMENT
A motion was made by Commissioner Phillips, and seconded by Commissioner
Chapman,to adjourn. The meeting was adjourned at 7:50 p.m.
Michael George, Chairman Mary Vradley, Secret
ift
r
of Wylie
Action Item No. 1
Final Plat
Railroad Industrial Park, 1st Revision
Planning and Zoning Commission Meeting: November 5, 2002
Owners: Robert W. & Dorothy Heath and Dick O. & Carolyn Sharman
Surveyor/Engineer: Jackson and Associates Land Surveyors
Location: 205 Industrial Court, Lot 3 of the Railroad
Industrial Park Addition, generally located
north of State Highway 78 and west of
Birmingham Street
Existing Zoning: Corridor Commercial (CC)
Summary:
The Final Plat for the Railroad Industrial Park, 1st Revision will combine the existing Lot 3 with
a 0.123-acre portion of the recently abandoned railroad right-of-way into a single lot. The
property currently fronts only on Industrial Court and this plat will provide direct access to SH
78. The proposed expansion of the existing building will reorient the building to face SH 78 and
thus be re-addressed as 300 State Highway 78. This Plat also provides for a common access
easement to the adjoining property to the west.
Section 212.005 of the Texas Local Government Code states that "the municipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations".
Section 212.009(a) states that "the municipal authority responsible for approving plats shall act
upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the
municipal authority unless it is disapproved within that time period".
Final Plat—Railroad Industrial Park— 1st Revision
Issues:
1. The Final Plat substantially conforms to the Subdivision Regulations and all other pertinent
code requirements of the City of Wylie.
2. This property was developed with an east side yard of two (2) feet eight (8) inches under the
Industrial District (I) standards of the previous Zoning Ordinance. It was rezoned to Corridor
Commercial (CC) in November 2001, requiring a side yard of ten (10) feet. Under State Law
when a property is replatted it loses the vested rights to previous zoning, and the proposed
building addition must therefore meet current codes. The applicant received variances from
the Zoning Board of Adjustment on October 28, 2002 for the sign location setbacks and
setbacks to the 2' 8" of the existing building. All other aspects of the new addition, parking lot
and landscaping will meet current codes.
3. Since the new addition does not exceed 50% of the existing structure no site plan was
required to be submitted for formal review, however the site plan and elevations will be
provided for reference.
Financial Considerations:
Plat application fees—Paid
Staff Recommendation:
Approval
The Departments of Planning, Engineering, Development Services, Public Works and Fire
concur with this recommendation.
Attachments:
Final Plat
INTRODUCTION AND PROCEDURAL OVERVIEW
OF THE SUBDIVISION REGULATIONS
City of Wylie, Texas
The Subdivision Ordinance of the City of Wylie established the Regulations to prepare
land for development. The process for gaining subdivision approval depends upon the
size and complexity of the subdivision. Minor subdivisions,which are subdivisions of four
or fewer lots requiring no public improvements, may be approved by the Planning Director
in a simplified administrative process. Approval of major plats (involving more than four
lots and/or the construction of public improvements) may involve from one to three steps,
depending upon the nature of the development, and require approval of the Planning &
Zoning Commission and the City Council.
Some types of subdivisions are not regulated under this ordinance. These exempt
subdivisions include those which were platted prior to adoption of these new Subdivision
Regulations (provided no re-subdivision is sought), divisions created through gift or
inheritance (provided no improvement, development or subdivision is contemplated),
existing cemeteries, divisions created by the action of a court of law, and certain types of
building permit requests(e.g., replacement or reconstruction of a structure that is not to be
enlarged, small building additions, accessory buildings, etc.). In general, however, no
property may be developed or sold without an approved and filed plat.
The general process of subdivision approval must begin with a mandatory pre-submission
conference with City staff, and then it proceeds as described below.
1. Major Subdivision Approval Process - The approval process for a major subdivision
typically begins with the preparation of a voluntary concept plan (as required in the
Zoning Ordinance). A concept plan should, at a minimum, show the location, zoning,
and existing and proposed use(s) of the property and surrounding properties;existing
and proposed roads and utilities(i.e., how the subject property will be served); and the
lot layout, uses, building "footprints", and phasing for the property. Approval of a
concept plan is encouraged, but not required, prior to the submittal of a preliminary
plat and the required associated engineering and construction plans for a proposed
residential development project, and in essence, serves the same purpose as a land
study preliminary plat under Wylie's former Subdivision Ordinance. A concept plan is
required to be submitted for all nonresidential development, and is normally submitted
and reviewed in conjunction with the preliminary plat. Concept plans for multi-phased
projects may be amended and refined later (processed and approved as a "revised
concept plan") as subsequent phases are ready to be detailed proceed through the
development approval process.
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The approval of a preliminary plat, must include review of all associated engineering
and construction plans for public improvements, and must generally conform with the
approved concept plan. The preliminary plat is a detailed, fully dimensioned
engineered plat for the subdivision, and it will look like and include all information
necessary for a final plat that will eventually be filed at the County. The preliminary
plat will show the layouts and dimensioning of streets, lots, all required easements,
rights-of-way and other dedications or reservations, owner's and surveyor's
certificates, City approval note, and required special language pertaining to dedication
of certain types of easements and other applicable items. Along with submission of
the preliminary plat, and prior to being able to begin construction, the developer must
submit complete sets of the engineering plans (paving, drainage, water/sewer, water
quality controls, screening and retaining walls, landscaping and irrigation plans [if
there is any required screening or landscaping for the project],etc.)for City review and
approval. Preliminary plat approval is not contingent upon prior approval of the
engineering plans nor does it formally approve the engineering plans, but the
preliminary plat and construction plans must be submitted, reviewed and processed
simultaneously to ensure coordination in the review process. The preliminary plat
approval expires in six (6) months if a final plat has not been submitted.
The final stage of the subdivision process is approval of the final plat. The final plat
must be approved by the Planning and Zoning Commission and City Council, and final
engineering plans must be approved by the City Engineer, prior to the initiation of any
construction related to the development. However,the final plat may not be filed with
the County after all improvements have been constructed and accepted by the City.
After all of the required public improvements (paving, drainage, water quality controls,
water/sewer lines, retaining and screening walls, landscaping and irrigation system,
etc.) have been constructed, inspected and approved for acceptance by the City
Engineer. Any minor corrections or revisions to the plat that may have arisen during
construction(for example, some easements may be added or shifted from where they
were shown on the approved final plat)will be accurately shown on the final plat. The
corrected final plat will be signed as accepted by the City and may then be filed in the
appropriate County of Record.
2. Minor Subdivision Approval Process — As allowed by State Law, the Subdivision
Ordinance provides a simplified process for the administrative approval of minor plats.
Minor plats can be processed for either residential or non-residential subdivisions,
and they may be approved by the Planning Director upon determination that all
applicable code requirements have been fully complied with. The Director may,at his
or her option, refer the minor plat to the Planning & Zoning Commission and City
Council for approval. Replats which amend a portion of a plat previously filed for
record in the County may also be processed and approved administratively by the
Director as Minor Plats.
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3. Review Process - When a plat is submitted for a development project (either
residential or nonresidential), the City will route copies of the plat and plans to
members of the "development issues review team" (including representatives of
Engineering, Planning, Public Works, Building Official, Fire Department and City
Manager, etc.) to review and provide comments on the development proposal. The
development issues review team may require of the applicant any additional
information plans or studies they determine to be required for adequate review of the
proposal.
Following City staff review plats which are complete and which comply fully with all
technical requirements of City code will be scheduled for the next available Planning&
Zoning Commission meeting, and will be acted upon (i.e., a recommendation for
approval, approval with specific conditions, or disapproval) by the Commission. In
order to disapprove a plat, the Commission must state specific technical reasons. All
plats approved by the Commission shall be considered on the consent agenda of the
City Council within 30 days following the Planning &Zoning Commission's action.
4. Appeals - Any plat that does not receive a fully favorable vote of the Planning &
Zoning Commission may be appealed by the applicant to City Council. Such appeal
must be submitted to the City in writing no later than ten (10) days following the
Commission's decision. The Council may, at its option and following consideration of
the appeal, decide to approve the plat(i.e., override the Commission's decision)either
as it was originally submitted or with special conditions. The Council may concur with
the Commission's decision and disapprove the request for specific technical reasons,
or may remand the plat back to the Planning &Zoning Commission for further review
and consideration (citing any new information or evidence pertinent to the plat and/or
direction concerning desired revisions to code requirements, and that may have a
bearing upon the Commission's assessment of the proposal).
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SUBDIVISION ORDINANCE
City of Wylie, Texas
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,
REPEALING IN ITS ENTIRETY ORDINANCE NUMBER 93-33,AS ADOPTED
ON July 29, 1993;ADOPTING NEW SUBDIVISION REGULATIONS FOR THE
CITY OF WYLIE; EXTENDING THE SUBDIVISION REGULATIONS INTO
THE CITY'S EXTRATERRITORIAL JURISDICTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY;
PROVIDING A PENALTY;AND PROVIDING FOR AN EFFECTIVE DATE.
THIS ORDINANCE IS HEREBY ADOPTED AS THE SUBDIVISION
ORDINANCE OF THE CITY OF WYLIE, TEXAS. THE PREVIOUS
SUBDIVISION REGULATIONS OF THE CITY,ORDINANCE NUMBER 93-33,
TOGETHER WITH AMENDMENTS THERETO,IS HEREBY REPEALED AND
REPLACED BY THIS ORDINANCE, WHICH SHALL READ AS FOLLOWS:
City of Wylie, Texas Subdivision Ordinance(Draft)
(This page was intentionally left blank)
City of Wylie, Texas Subdivision Ordinance(Draft)
Subdivision Ordinance
of the City of Wylie, Texas
GENERAL PROVISIONS
Section 1.1: Authority; Extension to Extraterritorial Jurisdiction
1.1 a. This Ordinance is adopted under the authority of the Constitution and laws of the State
of Texas, including Chapter 212, Texas Local Government Code, being adopted after a
public hearing on the matter held on _, 2002.
b. The following rules and regulations are hereby adopted as the Subdivision Ordinance of
the City of Wylie, Texas, also referred to herein as "this Ordinance". The City Council
hereby extends the application of this Ordinance to the extraterritorial jurisdiction of the
City of Wylie, as that area may exist from time to time. This Ordinance shall be
applicable to the filing of plats and the subdivision of land, as that term is defined herein
and in Chapter 212 of the Texas Local Government Code,within the corporate limits of
the City of Wylie and its extraterritorial jurisdiction as they may be from time to time
adjusted by annexation or disannexation. The City shall have all remedies and rights
provided by said Chapter 212 with regard to the control and approval of subdivisions and
plats both within the City and within its extraterritorial jurisdiction.
Section 1.2: Interpretation and Purpose
1.2 In the interpretation and application of the provisions of this Ordinance, it is the intention of
the City Council that the principles, standards and requirements provided for herein shall be
minimum requirements for the platting and developing of subdivisions within the City of
Wylie and its extraterritorial jurisdiction.
The subdivision of land is the first step in the process of development. The distribution and
relationship of residential, nonresidential and agricultural uses throughout the community,
along with the system of improvements for thoroughfares, utilities, public facilities and
community amenities, determine, in large measure, the quality of life enjoyed by the
residents of the community. Health, safety, economy, amenities, environmental sensitivity,
and convenience are all factors which influence and determine a community's quality of life
and overall character. A community's quality of life is of the public interest. Consequently,
the subdivision of land, as it affects a community's quality of life, is an activity where
regulation is a valid function of municipal government. The regulations contained herein are
intended to encourage the development of a quality municipal environment by establishing
standards for the provision of adequate light, air, open space, storm water drainage,
City of Wylie, Texas 3 Subdivision Ordinance(Draft)
transportation, public utilities and facilities, and other needs necessary for ensuring the
creation and continuance of a healthy, attractive, safe and efficient community that provides
for the conservation, enhancement and protection of its human and natural resources.
Through the application of these regulations, the interests of the public, as well as those of
public and private parties,both present and future,having interest in property affected by this
Ordinance, are protected by the granting of certain rights and privileges. By establishing a
fair and rational procedure for developing land, the requirements in this Ordinance further
the possibility that land will be developed for its most beneficial use in accordance with
desired social, economic and environmental conditions.
The procedure and standards for the development, layout and design of subdivisions of land
within the corporate limits and extraterritorial jurisdiction of the City of Wylie, Texas are
intended to:
a. Promote the development and the utilization of land in a sustainable manner that assures
an attractive and high quality community environment in accordance with the
Comprehensive Plan and the Zoning Ordinance of the City of Wylie;
b. Guide and assist property owners and applicants in the correct procedures to be followed,
and to inform them of the standards which shall be required;
c. Protect the public interest by imposing standards for the location, design, class and type
of streets, walkways(sidewalks), alleys, utilities and essential public services;
d. Assist orderly, efficient and coordinated development within the City limits and
extraterritorial jurisdiction;
e. Provide neighborhood conservation and prevent the development of slums and blight;
f. Integrate the development of various tracts of land into the existing community, and
coordinate the future development of adjoining tracts;
g. Provide that the cost of improvements to minimum standards which primarily benefit the
tract of land being developed be borne by the owners or developers of the tract,and that
the cost of improvements to minimum standards which primarily benefit the whole
community be borne by the whole community as contained in this Ordinance;
h. Ensure the most efficient and beneficial provision of public facilities and services for
each tract being subdivided;
i. Provide for compatible relationships between land uses and buildings; provide for the
circulation of traffic throughout the municipality, having particular regard to the
avoidance of congestion in the streets and highways; provide for pedestrian circulation
that is appropriate for the various uses of land and buildings; and provide the proper
location and width of streets;
City of Wylie, Texas 4 Subdivision Ordinance(Draft)
j. Prevent pollution of the air, streams and bodies of water; assure the adequacy of
drainage facilities; safeguard both surface and groundwater supplies, as well as natural
resources and endangered or threatened plant and animal life; and encourage the wise
use and management of natural resources throughout the municipality in order to
preserve the integrity, stability and beauty of the community and the value of the land;
k. Promote sustainability of development through the preservation of the natural beauty and
topography of the municipality, and ensure development that is appropriate with regard
to these natural features;
1. Establish adequate and accurate records of land subdivision;
m. Ensure that public or private facilities are available and will have sufficient capacity to
serve proposed and future developments and citizens within the City and its
extraterritorial jurisdiction;
n. Protect and provide for the public health, safety and general welfare of the community;
o. Provide for adequate light, air and privacy; secure safety from fire, flood and other
danger; and prevent overcrowding of the land and undue congestion of population;
p. Protect the character and the social and economic stability of all parts ofthe community,
and encourage the orderly and beneficial development of all parts of the community;
q. Protect and conserve the value of land throughout the community and the value of
buildings and improvements upon the land, and minimize conflicts among the uses of
land and buildings;
r. Guide public and private policy and action in providing adequate and efficient
transportation systems, public utilities, and other public amenities and facilities; and
s. Encourage the development of a stable, prospering economic environment.
Minimum standards for development are contained in the City's Design Manuals and
Standard Construction Details,the Zoning Ordinance,the Building Code,applicable articles
of the Code of Ordinances, and in this Ordinance. However, the Comprehensive Plan and
Future Land Use Plan express policies designed to achieve an optimum quality of
development in Wylie and its extraterritorial jurisdiction. If only the minimum standards are
followed, as expressed by the various ordinances regulating land development, a
standardization of development will occur. This will produce a monotonous municipal
setting and physical environment within the community. Subdivision design shall be of a
quality that will carry out the purpose and spirit of the policies expressed within the
Comprehensive Plan and within this Ordinance, and shall be encouraged to exceed the
minimum standards required herein.
City of Wylie, Texas 5 Subdivision Ordinance(Draft)
Section 1.3: Application of Regulations
1.3 a. No subdivision plat shall be recorded until a final plat,accurately describing the property
to be conveyed, has been approved in accordance with this Ordinance and with other
applicable City regulations(described in Subsection 1.3(b.)below). No building permit,
certificate of occupancy, plumbing permit, electrical permit, flood plain permit, utility
tap, or certificate of acceptance for required public improvements shall be issued by the
City for any parcel of land or plat until:
1. A final plat has been approved in accordance with this Ordinance; and
2. All improvements required by this Ordinance have been constructed and accepted
by the City of Wylie, or
3. Assurances for completion of improvements have been provided in accordance with
Section 6 of this Ordinance.
b. Compliance with all City ordinances pertaining to the subdivision of land, and the
Comprehensive Plan, shall be required prior to approval of any development application
governed by this Ordinance. It is the property owner's responsibility to be familiar with,
and to comply with, City ordinances. Applicable ordinances and requirements include,
but are not limited to, the following:
1. Comprehensive Plan, which includes the Future Land Use Plan, Thoroughfare
Plan, Park and Open Space Plan, and associated maps and plans;
2. Zoning Ordinance (Ordinance No. 01-48 and 01-52, as amended);
3. Applicable Chapters of the City's Code of Ordinances;
4. Design Manuals for Storm Drainage Systems,Water and Sanitary Sewer-Lines
and Thoroughfares; and
5. Standard Construction Details.
Section 1.4: Jurisdiction
1.4 The provisions of this Ordinance shall apply to the following forms of land subdivision and
development activity within the City's limits and its extraterritorial jurisdiction:
a. The division of land into two or more tracts, lots, sites or parcels; or
b. All subdivisions of land whether by metes and bounds division or by plat, which were
outside the jurisdiction of the City's subdivision regulations in the appropriate County of
Record, Texas and which subsequently came within the jurisdiction of the City's
subdivision regulations through:
City of Wylie, Texas 6 Subdivision Ordinance(Draft)
1. Annexation; or
2. Extension of the City's extraterritorial jurisdiction;or
c. The combining of two or more contiguous tracts,lots, sites or parcels for the purpose of
creating one or more legal lots in order to achieve a more developable site, except as
otherwise provided herein; or
d. When a building permit is required for the following uses:
1. Residential single-family:
(a) Construction of a new single-family dwelling unit; or
(b) Moving of a primary structure or a main building onto a piece of property; or
(c) Renovation or expansion of an existing main building; or
2. Nonresidential and multi-family:
(a) Construction of a new nonresidential or multi-family structure; or
(b) Additions, or modification of an existing building; or
(c) Moving a primary structure onto a piece of property; or
e. For tracts where any public improvements are proposed; or
f. Whenever a property owner proposes to divide land lying within the City or its
extraterritorial jurisdiction into two or more tracts, and claims exemption from
Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of
development,that results in parcels or lots all greater than five(5)acres in size;or in the
event that development of any such tract is intended, and where no public improvement
is proposed to be dedicated, he shall first obtain approval of a development plat that
meets the requirements of Texas Local Government Code Chapter 212, Subchapter B,
Regulation of Property Development, Sections 212.041 through 212.050. (See Section
2.7 of this Ordinance for requirements for development plats.)
Section 1.5: Exemptions
1.5 The provisions of this Ordinance shall not apply to:
a. Development of land legally platted and approved prior to the effective date of this
Ordinance, except as otherwise provided for herein and for which no re-subdivision is
sought; or
b. Development of land constituting a single tract, lot, site or parcel for which a legal deed
of record describing the boundary of said tract, lot, site or parcel was filed of record in
the Deed Records of appropriate County of Record, Texas on or before
20 ; or
City of Wylie, Texas 7 Subdivision Ordinance(Draft)
c. Sale, inheritance,or gift of land by metes and bounds of tracts greater than five(5)acres
in size and upon which no improvements, subdivision or alteration is occurring; or
d. Existing cemeteries complying with all State and local laws and regulations; or
e. Divisions of land created by order of a court of competent jurisdiction; or
f. When a building permit is requested for unplatted or already platted parcels for one or
more of the following activities:
1. Replacement or reconstruction of an existing primary single-family or duplex
structure, but not to exceed the square footage of the original structure;
2. Remodeling or repair of an existing primary structure which involves no expansion
of square footage; or
3. Accessory buildings(as defined in the Zoning Ordinance);
4. Moving a structure off a lot or parcel, or for demolition permits.
Section 1.6: Pending Applications
1.6 All applications for plat approval, including final plats,that are pending on the effective date
of this Ordinance and which have not lapsed shall be reviewed under the regulations in effect
immediately preceding the effective date of this Ordinance.
Section 1.7: Interpretation; Conflict; Severability
1.7
a. Interpretation. In their interpretation and application, the provisions of the regulations
contained in this Ordinance shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare. These regulations shall be
construed broadly to promote the purposes for which they are adopted.
b. Conflict With Other Laws. These regulations are not intended to interfere with,
abrogate, or annul any other ordinance, rule or regulation, statute or other provision of
law except as provided in this Ordinance. To the extent that this Ordinance promulgates
standards or imposes restrictions or duties which differ from those imposed by other City
ordinances, rules or regulations, the regulations contained within this Ordinance shall
supersede such other provisions to the extent of any conflict or inconsistency.
City of Wylie, Texas 8 Subdivision Ordinance(Draft)
c. Severability. If any part or provision of this Ordinance, or the application of this
Ordinance to any person or circumstance,is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision, or
application directly involved in the controversy in which the judgment shall be rendered,
and it shall not affect or impair the validity of the remainder of these regulations or the
application of them to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of these regulations even without any such part,
provision, or application which is judged to be invalid.
Section 1.8: Saving Provision
1.8 This Ordinance shall not be construed as abating any action now pending under,or by virtue
of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering
any penalty accruing or about to accrue, or as affecting the liability of any person, firm or
corporation, or as waiving any right of the City under any section or provision existing at the
time of adoption of this Ordinance, or as vacating or annulling any rights obtained by any
person, firm or corporation,by lawful action of the City except as shall be expressly provided
in this Ordinance.
Section 1.9: Variances/Waivers
1.9 a. General. Where the Zoning Board of Adjustment or City Council finds that undue
hardships will result from strict compliance with a certain provision(s)of this Ordinance,
or where the purposes of these regulations may be served to a greater extent by an
alternative proposal, it may approve a variance or waiver from any portion of these
regulations so that substantial justice may be done and the public interest is secured,
provided that the variance or waiver shall not have the effect of nullifying the intent and
purpose of these regulations,and further provided that the Zoning Board of Adjustment
or City Council shall not approve a variance or waiver unless it shall make findings
based upon the evidence presented to it in each specific case that:
1. Granting the variance or waiver will not be detrimental to the public safety,health or
welfare, and will not be injurious to other property or to the owners of other
property,and the variance or waiver will not prevent the orderly subdivision of other
property in the vicinity;
2. The conditions upon which the request for a variance or waiver is based are unique
to the property for which the variances or waiver is sought, and are not applicable
generally to other property;
3. Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the property owner would
result, as distinguished from a mere inconvenience, if the strict letter of these
regulations is carried out;
City of Wylie, Texas 9 Subdivision Ordinance(Draft)
4. The variance or waiver will not in any manner vary the provisions of the Zoning
Ordinance or Comprehensive Plan or any other adopted plan(s) of the City;
5. An alternate design will generally achieve the same result or intent as the standards
and regulations prescribed herein.
Such findings of the Zoning Board of Adjustment or City Council, together with the
specific facts upon which such findings are based, shall be incorporated into the official
minutes of the Council or Board meeting at which a variance or waiver is considered. A
variance or waiver from any provision of this Ordinance may be granted only when in
harmony with the general purpose and intent of this Ordinance so that the public health,
safety and welfare may be secured and substantial justice done. Pecuniary hardship to
the property owner or developer,standing alone,shall not be deemed to constitute undue
hardship.
b. Criteria for Variance or Waiver From Development Exactions. Where the Zoning Board
of Adjustment or City Council finds that the imposition of any development exaction
pursuant to these regulations exceeds reasonable benefit to the property owner, or is so
excessive as to constitute confiscation of the tract to be platted, it may approve a full or
partial, at its discretion, variance or waiver to such requirements, so as to prevent such
excess.
c. Conditions. In approving a variance or waiver,the Zoning Board or Adjustment or City
Council may require such conditions as will, in its judgment, secure substantially the
purposes described in Section 1.2.
d. Procedures:
1. A petition for a variance or waiver shall be submitted in writing by the property
owner before the plat is submitted for the consideration of the Commission. The
petition shall state fully the grounds for the application, and all of the facts relied
upon by the petitioner.
2. Where a hardship is identified during concept plan review pursuant to the Zoning
Ordinance or during subdivision review pursuant to this Ordinance which requires
issuance of a variance or waiver from a provision in this Ordinance,the Commission
may recommend a conditional variance or waiver from that provision in this
Ordinance in conjunction with concept plan approval by the City Council. A
conditional variance or waiver from this Ordinance shall receive final approval
along with a preliminary plat provided that the preliminary plat conforms to the
concept plan, and that no new information or reasonable alternative plan exists
which, at the determination of the City Council, voids the need for a variance or
waiver. All variance or waiver shall have final approval or disapproval by the
Zoning Board of Adjustment or City Council.
City of Wylie, Texas 10 Subdivision Ordinance(Draft)
e. Criteria for Variance or Waiver for Street Exactions. Where the Zoning Board of
Adjustment or City Council finds that the imposition of any dedication or construction
requirement for streets pursuant to these regulations exceeds reasonable benefit to the
property to be platted, it may approve variance or waiver for such requirements so as to
prevent such excess. In order to qualify for a variance or waiver under this Section,the
property owner shall demonstrate that the costs of right-of-way dedication and
construction of non-local streets imposed pursuant to these regulations substantially
exceeds the incremental costs of providing land and transportation improvements
necessary to offset the additional traffic impacts generated by, or attributable to, the
development upon the transportation network serving the property,including that which
may be generated by or attributed to other phases to be platted in the future.
Section 1.10: Payment of All Indebtedness Attributable to a Specific Property
1.10 No approved plat or replat shall be allowed to be recorded on any piece of land on which are
owed delinquent taxes, delinquent paving assessments, delinquent fees, or any other
delinquent debts or obligations to the City of Wylie,and which are directly attributable to that
piece of property, until the taxes, assessments, debts or obligations directly attributable to
said property and owed by the property owner or previous owner thereof shall have been first
fully discharged by payment, or until an arrangement satisfactory to the City Manager (or
designee) has been made for the payment of such debts or obligations. It shall be the
applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or
obligations have been paid at the time of submission for any application for approval under
this Ordinance.
Section 1.11: Right to Deny Hearing and Plat
1.11 The City may deny a hearing and any approval if the applicant does not submit the complete
information and fees required by this Ordinance in a timely manner.
Section 1.12: Misrepresentation of Facts
1.12 Misrepresentation of Facts. It shall be a violation of this Ordinance for any person to
knowingly or willfully misrepresent, or fail to include, any information required by this
Ordinance in any plat application or during any public hearing or meeting or the Commission
or City Council. Such a violation shall constitute grounds for denial of the plat.
City of Wylie, Texas 11 Subdivision Ordinance(Draft)
Section 1.13: Definitions
1.13 For the purpose of this Ordinance,the following terms, phrases,words and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in
the present tense shall include the future tense; words in the plural number shall include the
singular number (and vice versa); and words in the masculine gender shall include the
feminine gender (and vice versa). Definitions not expressly prescribed herein are to be
determined in accordance with customary usage in municipal planning and engineering
practices. The word "shall" is always mandatory,while the word"may" is merely directory.
a. Addition. A lot, tract or parcel of land lying within the corporate boundaries or
extraterritorial jurisdiction of the City which is intended for the purpose of subdivision or
development.
b. Administrative Officers. Any officer of the City of Wylie referred to in this Ordinance
by title, including but not limited to the City Manager, City Attorney, City Secretary,
City Planner, Building Official and City Engineer shall be the person so retained in that
position by the City, or his or her duly authorized representative. This definition shall
also include engineering, planning, legal and other consultants retained by the City to
supplement or support existing City staff, as deemed appropriate by the City.
c. Alley. A minor public right-of-way not intended to provide the primary means of access
to abutting lots, which is used primarily for vehicular service access to the rear or sides
of properties otherwise abutting on a street. The length of an alley segment is to be
measured from the right-of-way lines of the streets from which the alley is provided
access, including any alley turnouts onto a street.
d. Amended or Amending Plat. A revised plat correcting errors or making minor changes
to the original recorded final plat.
e. Amenity. An improvement to be dedicated to the public or to the common ownership of
the lot owners of the subdivision and providing an aesthetic,recreational or other benefit,
other than those prescribed by this Ordinance.
f. Applicant. A person who submits an application for an approval required by this
Ordinance.
g. Application. A written request for an approval required by this Ordinance.
h. Base Flood. The flood having a one percent(1%)chance of being equaled or exceeded
in any given year.
i. Board. The Zoning Board of Adjustment of the City of Wylie.
j. Block Length or Street Length. For a residential subdivision, that distance measured
along the centerline of the street from the intersection centerpoint of one through street to
the intersecting centerpoint of another street, or to the midpoint of a cul-de-sac. The
through street referred to above shall not be a cul-de-sac, a dead-end street, or a looped
street, but shall be a street which clearly has two points of ingress from two different
directions.
City of Wylie, Texas 12 Subdivision Ordinance(Draft)
k. Bond. Any form of a surety bond in an amount and form satisfactory to the City.
1. Building Setback Line. The line within a property defining the minimum horizontal
distance between a building or other structure and the adjacent street right-of-way line,
property line, a creek, or some other specific environmental feature.
m. Capital Improvements Program (CIP). The official proposed schedule, if any, of all
future public projects listed together with cost estimates and the anticipated means of
financing each project, as adopted by City Council.
n. City. The City of Wylie, Texas.
o. City Attorney. The term City Attorney shall apply only to such attorney, or firm of
attorney,that has been specifically employed by the City to assist in legal matters.
p. City Council. The duly elected governing body of the City of Wylie, Texas.
q. City Engineer. The term "City Engineer" shall apply only to such licensed professional
engineer, or firm of licensed professional consulting engineers,that has been specifically
employed by the City to assist in engineering-related matters.
r. City Manager. The person holding the position of City Manager, as appointed by the
City Council.
s. City Planner. The term "City Planner" shall apply only to such practicing, professional
land planner, or firm of professional land planners, that has been specifically employed
by the City to assist in planning- and zoning-related matters.
t. Commission. The Planning and Zoning Commission of the City.
u. Comprehensive Plan. The phrase "Comprehensive Plan" shall mean the Comprehensive
Plan of the City and adjoining areas as adopted by the City Council, including all its
revisions. This Plan indicates the general locations recommended for various land uses,
transportation routes,public and private buildings, streets, parks, water and wastewater
facilities, and other public and private developments and improvements.
v. Concept Plan. A drawing of the overall conceptual layout of a proposed development,
superimposed upon a topographic map which generally shows the anticipated plan of
development, and which serves as a working base for noting and incorporating
suggestions of the City=s administrative officers, the Commission,the City Council, and
others who are consulted prior to preparation of the preliminary plat. A concept plan is
also sometimes referred to as a "preliminary site plan" or a "land study".
w. Construction Plat. This is the same as a "Preliminary Plat".
x. Contiguous. Lots are contiguous when at least one boundary line or point of one lot
touches a boundary line, or lines, or point of another lot.
y. Cul-De-Sac. A street having only one outlet to another street, and terminated on the
opposite end by a vehicular turnaround or "bulb". The length of a cul-de-sac is to be
measured from the intersection centerpoint ofthe adjoining through street to the midpoint
of the cul-de-sac bulb.
City of Wylie, Texas 13 Subdivision Ordinance(Draft)
z. Dead-End Street. A street, other than a cul-de-sac, with only one outlet.
aa. Design Standards. The City of Wylie's technical construction standards and
specifications for the construction of subdivision improvement, as published in the
current Manuals for the Design of Storm Drainage Systems,Water and Sanitation Sewer
Lines and Thoroughfare Standards,as maintained and available for inspection at the City
Hall.
bb. Easement. The word"easement"shall mean an area for restricted use on private property
upon which the City or a public utility shall have the right to remove and keep removed
all or part of any buildings, fences, trees, shrubs and other improvements or growths
which in any way endanger or interfere with the construction, maintenance or efficiency
of its respective systems within said easements. The City and public utilities shall, at all
times, have the right of ingress and egress to and from and upon easements for the
purpose of constructing,reconstructing,inspecting,patrolling,maintaining and adding to
or removing all or part of their respective systems without the necessity at any time of
procuring the permission of anyone.
cc. Engineer. A person duly authorized and licensed under the provisions of the Texas
Engineering Registration Act to practice the profession of engineering.
dd. Engineering Plans or Drawings. The maps or drawings accompanying a plat and showing
the specific location and design of public improvements to be installed in the subdivision
in accordance with the requirements of the City as a condition of approval of the plat.
ee. Escrow. A deposit of cash with the City in accordance with this Ordinance.
ff. Final Plat(also "Record Plat"or"File Plat"). The one official and authentic map of any
given subdivision of land prepared from actual field measurement and staking of all
identifiable points by a surveyor or engineer,with the subdivision location referenced to a
survey corner, and with all boundaries, corners and curves of the land division
sufficiently described so that they can be reproduced without additional references. The
final plat of any lot, tract or parcel of land shall be recorded in the land records of
appropriate County of Record, Texas. An amended plat is also a final plat.
gg. Governing Body. The City Council of the City of Wylie.
hh. Improvement or Developer Agreement. A contract entered into by the applicant and the
City, by which the applicant promises to complete the required public improvements
within the subdivision or addition within a specified time period following final plat
approval.
ii. Land Study. This is the same as a "Concept Plan".
jj. Land Planner. Persons, including surveyors or engineers, who possess and can
demonstrate a valid proficiency in the planning of residential, nonresidential and other
related developments, such proficiency often having been acquired by education in the
field of landscape architecture or other specialized planning curriculum, or by actual
experience and practice in the field of land planning.
City of Wylie, Texas 14 Subdivision Ordinance(Draft)
kk. Lot(also Lot of Record). A divided or undivided tract or parcel of land having frontage
on a public street, and which is, or which may in the future be, offered for sale,
conveyance,transfer or improvement;which is designated as a distinct and separate tract;
and which is identified by a tract or lot number or symbol in a duly approved subdivision
plat which has been properly filed of record.
11. Major Plat. All plats not classified as minor plats, including but not limited to
subdivisions of more than four(4)lots,or any plat that requires the construction of a new
street (or portion thereof) or the extension of a municipal facility as required by this or
any other City ordinance.
mm.Major Subdivision. This is the same as a "Major Plat".
nn. Minor Plat. A subdivision resulting in four(4) or fewer lots,provided that the plat does
not create any new easements for public facilities nor the extension of any municipal
facilities to serve any lot within the subdivision. Any property to be subdivided using a
minor plat shall already be served by all required City utilities and services.
oo. Minor Subdivision. This is the same as a"Minor Plat".
pp. On-Site Facilities or Improvements. These are the existing or proposed facilities or
improvements constructed within the property boundaries of the plat,and the existing or
proposed facilities required to be constructed or improved immediately adjacent to the
property that are needed to serve the development. Facilities and improvements include,
but are not limited to, streets, alleys, water lines, sewer lines, storm drainage facilities,
and curbs and gutters.
qq. Off-Site Facilities or Improvements. "Off-site" facilities shall mean those facilities or
improvements that are required to serve the site but that are not located within the
boundaries of the plat, and are not required to be constructed or improved immediately
adjacent to the property to serve the development. These include oversizing for streets,
sewer lines, water lines and storm drainage facilities, as well as the excess capacity of
facilities such as water storage tanks and wastewater treatment plants available for new
development.
rr. Overlength Street. A street segment,or a cul-de-sac or alley segment,which exceeds the
maximum length allowed by this Ordinance, as measured along the centerline of the
street from the intersection centerpoint of one through street,which shall not be a cul-de-
sac or dead-end or looped street,to the intersecting centerpoint of another through street
or,in the case of a cul-de-sac,to the midpoint of the cul-de-sac. For an alley segment,the
measurement shall be to the right-of-way lines of the streets from which the alley is
provided access, including any alley turnouts, or from the centerpoint of an intersection
with another alley, which connects to a street.
ss. Pavement Width. The portion of a street that is available for vehicular traffic. Where
curbs are used,it is the portion from the back of one curb to the back of the opposite curb.
tt. Perimeter Street. Any existing or planned street which abuts the subdivision or addition
to be platted.
City of Wylie, Texas 15 Subdivision Ordinance(Draft)
uu. Person. Any individual, association, firm, corporation, governmental agency, political
subdivision, or legal entity of any kind.
vv. Planning and Zoning Commission. The Planning and Zoning Commission of the City of
Wylie, Texas.
ww. Plat. This means a preliminary plat, final plat,development plat,amended plat or replat,
as determined by the context.
xx. Preliminary Plat. The graphic expression of the proposed overall plan for subdividing,
improving and developing a tract, showing in plan view the proposed street and lot
layout, easements, dedications and other pertinent features, with such notations as are
sufficient to substantially identify the general scope and detail of the proposed
development. The preliminary plat is sometimes referred to as the "construction plat",
since the engineering plans for public improvements are submitted along with it, and
since it contributes toward authorization to proceed with construction of the subdivision
and its associated public improvements,subject to approval and construction release by
the City Engineer.
yy. Private Street. A private vehicular access way, including an alley,that is shared by and
that serves two or more lots, which is not dedicated to the public, and which is not
publicly maintained.
zz. Property Owner (also known as "Applicant" or "Subdivider" or "Developer"). Any
person or firm, association, syndicate,general or limited partnership,corporation,trust
or other legal entity, or any agent thereof,that has sufficient proprietary interest in the
land sought to be subdivided to commence and maintain proceedings to subdivide the
same under this Ordinance. In any event,the term"property owner" shall be restricted
to include only the owner(s) or authorized agent(s) of such owner(s), such as a
developer, of land sought to be subdivided.
aaa. Public Improvements. Facilities, infrastructure and other appurtenances, typically
owned and maintained by the City, which serve a public purpose in providing a needed
service or commodity, such as wastewater collection and treatment and water storage
and distribution, and which protect the general health, safety, welfare and convenience
of the City's citizens, including efficiency in traffic circulation and access for
emergency services. Required public improvements may include, but shall not be
limited to, street and alley paving, including any necessary median openings and left
turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer
lines and lift stations; storm drainage structures and storm water management devices;
water quality and erosion controls; screening and retaining walls; fire lane paving and
fire hydrants; landscaping,where such is used for required screening or other required
landscaped area, and associated irrigation system; and any required public sidewalks,
street lights and street name signs. The term "public improvements" shall not include
facilities or infrastructure of private providers of utility services other than water and
wastewater, but shall be deemed to include facilities and infrastructure that the City
would normally require of a development but which will be owned and maintained by
an entity such as a homeowners association, as in the case of private streets.
City of Wylie, Texas 16 Subdivision Ordinance(Draft)
bbb. Replatting or Replat. This is the re-subdivision of any part or all of a block or blocks
of a previously platted subdivision, addition, lot or tract.
ccc. Right-of-Way. A parcel of land occupied, or intended to be occupied, by a street or
alley. Where appropriate, "right-of-way"may include other facilities and utilities such
as sidewalks;railroad crossings; electrical, communication, oil and gas facilities, water
and sanitary and storm sewer facilities; and any other special use. The use of right-of-
way shall also include parkways and medians outside of the paved portion of the street.
The usage of the term "right-of-way" for land platting purposes shall mean that every
right-of-way hereafter established and shown on a final plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way, and shall not be included within
the dimensions or areas of such lots or parcels.
ddd. Standard Street. A standard street is a street or road that meets or exceeds the
minimum specifications in the City=s standard street specifications, and which is
constructed to the ultimate configuration for the type of roadway it is designated for on
the City's Thoroughfare Plan.
eee. Street. A right-of-way, whether public or private and however designated, which
provides vehicular access to adjacent land. Streets may be of the following categories:
1. Major thoroughfares, also known as arterial streets or primary thoroughfares,
which provide vehicular movement from one neighborhood to another or to distant
points within the City, and including freeways or highways leading to other
communities.
2. Collector streets, also known as feeder streets or secondary thoroughfares, which
provide vehicular circulation within neighborhoods,and from local streets to major
thoroughfares.
3. Local residential streets, also known as minor thoroughfares or streets, which
primarily provide direct vehicular access to abutting residential property.
4. Private streets are streets which are owned and maintained by a homeowners
association or property owners association, and which are not dedicated to the
public.
fff. Street Improvements. This means any street or thoroughfare, together with all
appurtenances required by City regulations to be provided with such street or
thoroughfare,and including but not limited to walkways(sidewalks),drainage facilities
to be situated in the right-of-way for such street or thoroughfare, traffic control
devices, street lights and street signs, for which facilities the City will ultimately
assume the responsibility for maintenance and operation.
ggg. Street Length. This means the same as"Block Length".
hhh. Street Right-of-Way. The width of the right-of-way for any roadway is the shortest
perpendicular distance between the lines which delineate the rights-of-way of the
street.
City of Wylie, Texas 17 Subdivision Ordinance(Draft)
iii. Subdivision(also known as"Addition"). A division or re-division of any tract of land
situated within the City's corporate limits or its extraterritorial jurisdiction into two or
more parts, lots or sites,for the purpose,whether immediate or future,of sale,division
of ownership, or building development. "Subdivision"includes re-subdivisions of land
or lots which are part of a previously recorded subdivision.
jjj. Submission Date. The submission date is when all necessary forms, fees, information
and copies have been submitted to the city, previewed for completeness, and deemed
as "complete"by action of issuance of a fee receipt by the City.
kkk. Substandard Street. An existing street or road that does not meet the minimum
specifications in the City's standard street specifications, and which is not constructed
to the ultimate configuration for the type of roadway it is designated for on the City's
Thoroughfare Plan.
111. Surveyor. A licensed land surveyor or a registered public surveyor, as authorize )
State statutes to practice the profession of surveying.
mmm. TNRCC. The Texas Natural Resource Conservation Commission.
nnn. Temporary Improvements. Improvements built and maintained by the property owner
that are needed to remedy a circumstance that is temporary in nature, such as a
temporary drainage easement or erosion control device, that will be removed upm
completion of the subdivision or shortly thereafter.
000. U.S. Army Corps of Engineers.
ppp. Yard. The open area between building setback lines and lot lines.
qqq. Zoning Board of Adjustment.
City of Wylie, Texas 18 Subdivision Ordinance(Draft)
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City of Wylie, Texas 19 Subdivision Ordinance(Draft)
II. PROCEDURES
Section 2.1: Pre-Application Procedures
2.1 The applicant should avail himself or herself of the advice and assistance of the City's
administrative officers, and should consult early and informally with those officers before
preparing a concept plan or any plat in order to save time and money, and to avoid potential
unnecessary delays.
Prior to formal application for approval of any concept plan or plat, the applicant shall
request and attend a mandatory pre-application conference with the appropriate City
official(s) in order to become familiar with the City's development regulations and the
subdivision process. At the pre-application conference,the applicant may be represented by
his or her land planner, engineer or surveyor.
Section 2.2: Statutory Procedures
2.2 a. Zoning Requirements. A property within the City's corporate limits that is being
proposed for platting must be properly zoned by the City prior to submission of an
application for approval of any plat. In addition, the proposed development layout or
subdivision design shown on the proposed plat must be in conformance with all
standards and requirements prescribed in the City's Zoning Ordinance.
Noncompliance with the requirements of the zoning district in which the subject property
is located,or lack of the proper zoning, shall constitute grounds for denial of the plat. In
situations where the zoning on a particular piece of property cannot be ascertained by the
City, the burden of proof regarding the property's zoning shall rest with the property
owner. Proof of proper zoning shall consist of appropriate documentation, such as a
copy of the ordinance establishing the zoning, which shall be reviewed by City officials
as to its validity and authenticity.
Any plat submitted for approval by the City shall be in accordance with the City's
Zoning Ordinance,if the property is located within the City's corporate limits,and,if the
property is located within the City's corporate limits or extraterritorial jurisdiction, it
shall be in accordance with the City's Comprehensive Plan, including all adopted water,
sewer, storm drainage, future land use, park, recreation, open space and thoroughfare
plans. All plats shall be prepared by a licensed civil engineer or a registered land
surveyor.
b. Classification of Subdivisions and Additions. Before any land is filed for record with the
County Clerk,the property owner shall apply for and secure City Council approval ofthe
required subdivision plat, in accordance with the following procedures,unless otherwise
provided within this Ordinance.
City of Wylie, Texas 20 Subdivision Ordinance(Draft)
1. Minor subdivisions may be approved for residential or nonresidential properties.
Minor plat approval by the City Planner requires the submission of a final plat
drawing and other submission materials required by Section 2.11 of this Ordinance.
Lots may be conveyed or sold only when the plat has been approved by the City
and the plat has been filed with the appropriate County of Record.
2. Major subdivisions may be approved for residential or nonresidential properties.
The procedure for approval of a major subdivision typically involves three steps: a
concept plan, which is voluntary, preliminary plat and final plat. Sections 2.3
through 2.6 of this Ordinance provide the requirements for each. Major plat
approval shall be in accordance with Sections 2.4 through 2.6 of this Ordinance.
Upon completion of the required public improvements,or upon submission and City
approval of the appropriate surety for public improvements,the property owner may
submit the final plat for approval. All major subdivision plats must be reviewed by
the Commission and approved by the City Council,pursuant to Sections 2.4 through
2.8 of this Ordinance. Lots may be sold only when the final plat has been approved
by the City Council and the plat has been filed at the appropriate County of Record.
If the land is required to be platted,no conveyance or sale of any portion or lot of
the property may occur until after the final plat is approved by the City Council
and filed at the appropriate County of Record.
c. Submission Requirements For All Types of Plat Applications. In addition to the
requirements outlined herein for each type of development application, the City shall
maintain separate policies and procedures for the submission and processing of
applications including,but not limited to, application forms,checklists, language blocks
for plats,and other similar items. The forms and paperwork are available at the office of
the City Manager, or designee. These policies and procedures may be amended from
time to time, and it is the applicant=s responsibility to be familiar with, and to comply
with, the policies and procedures.
d. Official Submission Date and Completeness of Application For All Types of Plats.
1. For the purpose of these regulations,the"official submission date"shall be the date
upon which a complete application for approval of any type of plat,that contains all
required elements mandated by the Texas Local Government Code, Section
212.004(b) and by this Ordinance, is submitted to the City Manager(or designee),
after which the statutory period required for approval or disapproval of the plat shall
commence to run. No application shall be deemed officially submitted until the City
Manager (or designee) determines that the application is complete and the City
issues a fee receipt. Failure by the City Manager (or designee) to make a
determination of incompleteness within ten(10)calendar days following the date on
which the application was first received by the City, shall result in the application
being deemed complete, and the "official submission date" shall become the 11 th
calendar day following initial receipt of the application by the City.
City of Wylie, Texas 21 Subdivision Ordinance(Draft)
2. Plat applications which do not include all required information and materials, as
outlined below and per other City development review policies which may change
from time to time, will be considered incomplete, shall not be accepted for official
submission by the City, and shall not be scheduled on a Commission agenda until
the proper information is provided to City officials.
e. Submission Procedures and City Review Process For All Types of Plats.
1. Submission Timing. A complete application for approval of any plat shall be
submitted to the City at least twenty-eight (28) calendar days, but no more than
thirty (30) calendar days unless the applicant waives the 30-day requirement for
action on the plat in writing, prior to the Commission meeting at which it is to be
considered.
2. Submission Materials. The application shall include a written application form
which bears the notarized signature(s) of the property owner(s) of the subject
property, along with the appropriate submission fee, six (6) copies for review and
fifteen (15) for action of full-size (24" x 36") prints of the plat, as required by the
City's current development review policies and requirements, one 8 1/2" x 11"
black-and-white reduction of the plat, a copy of any applicable development
agreement pertaining to the subject property (if any), and any other applicable
information and materials deemed appropriate by the City.
The application shall be accompanied by a certificate showing that all taxes have
been paid on the subject property, and that no delinquent taxes exist against the
property, in accordance with Section 1.10. Documentation shall also be included
that shows no delinquent assessments,fees,or other debts or obligations to the City
and which are directly attributable to the subject property.
The application shall also be accompanied by an engineer=s summary report which
describes, in as much detail as necessary, the following: the overall nature and
scope of the proposed development, including zoning of the property, proposed
use(s) and acreage of each proposed use, minimum lot sizes, widths and depths,
number of lots to be created, and special amenities or facilities that will be included
in the development; how the property will be served with required utilities and
services; how storm water drainage will be handled; and an itemization and
description of any variance or waiver from provisions of this Ordinance that will be
sought. If the proposed development will have access points onto a major
thoroughfare, the application shall also include a letter from the appropriate entity,
such as TxDOT or Appropriate County of Record, acknowledging and approving
proposed driveway locations and corresponding median openings and left turn lanes,
if applicable. Letters shall also be provided from each of the applicable utility
service providers, including water,wastewater,gas,electricity,telephone,cable TV
and solid waste,verifying their ability to provide an adequate level of service for the
City of Wylie, Texas 22 Subdivision Ordinance(Draft)
proposed development. A letter from the Wylie Independent School District shall
also be provided that acknowledges the District's ability to accommodate the
additional number of school-age children that will be generated by the proposed
development, and that expresses any desire the District may have to obtain a future
school site within any portion of the subject property.
All plat drawings and other corresponding plans and drawings, including
engineering plans and landscape and screening plans, shall be on sheets no larger
than 24" by 36" in size, and shall be drawn to a known engineering scale of not
smaller than one hundred feet to the inch (1"=100') or a larger scale. In cases of
large developments which would exceed the dimensions of the sheet at one hundred
foot (100') scale, plats may be on multiple sheets or to another known engineering
scale, as approved by the City Manager (or designee), and in a format that will be
acceptable for eventual filing at the appropriate County of Record.
3. City Staff Review. Upon official submission of a complete application for plat
approval,the City shall commence technical review of the development proposal by
forwarding a copy of the application and plat to development review team members
which include, but shall not be limited to, the City Planner, City Engineer, City
Manager,Public Works Director,Fire Chief/Marshall,Police Chief,Parks Director.
Development review team members shall review the plat and shall ascertain its
compliance with these and other applicable City regulations. Following City staff
review of the plat and supporting documents, and following discussions with the
applicant on any revisions deemed advisable and the kind and extent of
improvements to be installed,the applicant shall resubmit fifteen(15) folded copies
of the corrected plat to the City Planner no later than seven(7)calendar days prior to
the Commission meeting. Failure to resubmit corrected copies of the plat back to
the City in time shall be cause for the City Planner to forward the plat application to
the Commission as it was originally submitted rather than the corrected version of
the plat. If, upon re-submission of the corrected plat to the City, the City Planner
determines that the application is still incomplete or is not correct, the plat
application shall be subject to denial.
After the plat has been scheduled on an agenda(or at any time prior),the applicant
may request, in writing, a waiver of the thirty (30) day approval requirement in
order to allow him or her more time to correct deficiencies, address concerns, or
otherwise improve the plat pursuant to the City's regulations. After receipt of the
request,the City may delay action on the final plat beyond thirty(30)calendar days
following the official submission date.
4. Action by the Commission and City Council. All subdivision plat applications shall
be reviewed by the Commission, and if in conformance with the provisions of this
Ordinance and with all other applicable regulations of the City, they shall be
approved by the City Council.
City of Wylie, Texas 23 Subdivision Ordinance(Draft)
The Commission shall review each plat application and shall recommend approval,
approval subject to certain conditions, or denial of the plat application within thirty
(30) calendar days of the official submission date. The City Council shall take
action on the plat within thirty (30) calendar days of the Commission's action.
Affirmation of, or minor modifications to, the Commission's recommendation to
approve the plat shall require a simple majority vote of the City Council members
present.
If the Commission recommends disapproval of a plat application, the Commission
shall state such disapproval and the reasons therefore. The applicant or property
owner may appeal such decision to the City Council by filing a Notice of Appeal in
the office of the City Planner no later than ten(10)calendar days after the date upon
which the Commission denied the application. The Notice of Appeal shall set forth
in clear and concise fashion the basis for the appeal. The City Council shall
consider the appeal at a public meeting no later than thirty(30) calendar days after
the date upon which the Notice of Appeal was filed. The City Council may change
the decision of the Commission by vote of the majority of the Council members
present. The City Council may also,where appropriate,remand the plat application
back to the Commission for reconsideration if it believes that there is a compelling
reason to do so, such as the introduction of significant new facts or testimony.
f. Simultaneous Submission of Plats. In the event that an applicant submits preliminary
and final plat applications simultaneously, as provided in Section 2.4 (c), the City
Planner shall schedule both plat applications for action by the Commission within thirty
(30) calendar days of the official submission date, unless the applicant has executed a
written waiver of the 30-day review period for one or both plats. If the preliminary plat
has not received approval prior to consideration of the final plat by the Commission,then
the Commission shall deny the final plat application. The City Council shall take action
on either one or both plat applications, as applicable, within thirty(30)calendar days of
the Commission's action. Affirmation of, or minor modifications to, the Commission's
recommendation to approve the plat(s) shall require a simple majority vote of the City
Council members present.
g. Proof of Land Ownership. The City requires proof of land ownership prior to approval
of any development application involving real property. Along with the application
submission,the applicant shall provide written verification,such as a notarized statement
or a power of attorney or other evidence satisfactory to the City Planner,that he or she is
the owner of record of the subject land parcel or parcels, or is the property owner's
authorized agent. The City Planner shall have the authority to determine what
document(s)the City will require to prove ownership, such as one of the following:
1. General warranty deed;
2. Special warranty deed;
3. Title policy; or
City of Wylie, Texas 24 Subdivision Ordinance(Draft)
4. Some other documentation that is acceptable to the City Manager(or designee).
If ownership cannot be conclusively established prior to the meeting date on which the
development application will be heard, the City shall have the authority to deny the
application on the basis of protecting the public interest. The applicant may resubmit a
new development application, including the submission fees,for the property at any time
following such denial.
h. Lapse of Plat Approval. The approval of any type of plat shall be effective for a period
of one hundred and eighty-three (183) calendar days beyond the date that the plat was
approved by the City Council, except as otherwise provided herein. By 12:01 a.m. on
the 184th day following City Council approval of the plat, the applicant must have
completed a City-required "progress benchmark" as set forth below. If this is not
accomplished,then the approved plat shall be deemed to have expired and shall become
null and void. The series of"progress benchmarks" for a project, pursuant to the
provisions of this Section, are as follows:
Approved Plat or Plan—► Next"Progress Benchmark"
Concept Plan —► Preliminary plat, as required by this Ordinance, and final
site plan, as required by Zoning, and continued active
engineering review of the engineering plans (submitted
along with the preliminary plat and final site plan).
Preliminary Plat —► City Engineer's approval of engineering plans for all
propos
applicable site development related fees that are
traditionally collected prior to release for site construction,
and an application for approval of the final plat shall be
submitted to the City within three hundred and sixty-five
(365) calendar days of actual commencement of site
construction in order to avoid lapse of the approved
preliminary plat, unless such is extended or reinstated
pursuant to provisions in this Ordinance, and other
associated development approvals, such as the final site
plan, landscape and irrigation plans, etc.
Final Plat —► Final plat approved by the City Council but not filed at
appropriate County of Record-submission of the plat mylars,
filing fees and other materials necessary to file the plat at the
County shall be submitted to the City within thirty (30)
calendar days of the date of final plat approval; an
application for a certificate of occupancy shall also be
submitted to the City within one hundred and eighty-three
(183) calendar days following the date of final plat approval
in order to avoid lapse of the approved final plat, unless such
is extended or reinstated pursuant to provisions in this
Ordinance.
City of Wylie, Texas 25 Subdivision Ordinance(Draft)
Final plat filed at Appropriate County of Record - valid in
perpetuity, unless amended or vacated.
i. Extension and Reinstatement Procedure. Prior to the lapse of approval for a plat, the
property owner may petition the City to extend the plat approval. Such petition shall be
considered at a public meeting before the Commission and then City Council, and an
extension may be granted by City Council at such meeting. If no petition for extension
of plat approval is submitted by the property owner prior to the expiration date,then the
plat shall be deemed to have expired and shall become null and void.
In determining whether to grant a request for extension,the City Council shall take into
account the reasons for lapse, the ability of the property owner to comply with any
conditions attached to the original approval, and the extent to which newly adopted
subdivision regulations would apply to the plat at that point in time. The Commission
and City Council shall either extend the plat or deny the request, in which instance the
originally approved plat shall be deemed to be null and void. The property owner must
thereafter submit a new plat application for approval, and shall conform to the
subdivision regulations then in effect.
The Commission and City Council may extend the approval subject to additional
conditions based upon newly enacted City regulations or State legislation,or such as are
necessary to ensure compliance with the original conditions of approval and to protect
the public health, safety and welfare. The Commission and City Council may also
specify a shorter time for extension of the plat than the original 183-day approval period.
j. Lapse of Approval of Engineering Plans. The approved engineering plans shall be valid
for a period of one hundred eighty-three (183) calendar days following approval by the
City Engineer. The City Council may, upon written request by the applicant, grant an
extension of up to an additional 183 calendar days, after which the engineering plans
shall be subject to re-approval by the City Engineer if no construction has occurred.
Section 2.3: Concept Plan Approval
2.3 a. Applicability. A concept plan, sometimes referred to as a"preliminary site plan" or a
"land study", is required by Section 9.1.c of the Zoning Ordinance. Submission and
approval of a concept plan can be the first step in the approval process for a residential or
nonresidential development project if the applicant prefers to do so. City review and
approval of a concept plan has many benefits for both the City and the applicant. The
applicant benefits in that he or she gains preliminary review and scrutiny, as well as
input and suggestions, on the overall conceptual layout of the proposed development
from the City's development review team. Approval of a concept plan may also offer
the applicant some level of confidence that subsequent plat or plan submissions will be
favorably received and approved with few major changes to the project's design and
City of Wylie, Texas 26 Subdivision Ordinance(Draft)
layout. For example, once the preliminary plat, and corresponding engineering plans,
and site plan are submitted for a nonresidential project,unforeseen changes in site layout
can prove to be expensive in terms of design and engineering costs and time lost during
major plan revisions. The City benefits in that it is allowed to become familiar with and
involved in the project early in the development process,which is particularly important
for large-scale developments and subdivisions. This allows the City to plan for and
closely coordinate the provision of public facilities and services, thereby potentially
avoiding future problems such as undersized utility lines,inadequate roadway capacities,
unanticipated shortfalls in public services,and fiscal inefficiencies resulting from lack of
planning and coordination.
Submission and approval of a concept plan is encouraged in the following
circumstances:
1. In conjunction with an application for a major subdivision plat for a property that is
intended for development, particularly for large land parcels; or
2. In conjunction with any project where a road is to be established or realigned.
b. Procedures and Submission Requirements for Concept Plan Approval. The procedures
for City review and approval of a concept plan shall be as set forth in the Zoning
Ordinance for the City of Wylie.
c. Purpose. The purpose of a concept plan, as it pertains to this Ordinance, is to allow
opportunity for the Commission and City Council to preview proposed major
thoroughfare and collector street patterns; land use patterns and trends; environmental
issues and constraints;conformance to the Comprehensive Plan, Future Land Use Plan,
Thoroughfare Plan,Parks and Open Space Plan,water and sewer master plans,and other
applicable plans of the City; and, if the subject property is within the City's corporate
limits, the Zoning Ordinance; and the property's relationship to adjoining subdivisions
or properties. Review of a concept plan would also assist the City in evaluating the
possible impacts of the proposed development in terms of provision of essential public
facilities and services, respecting and preserving important natural features and the
environment,provision of open space and recreational opportunities,and protecting the
general health, safety and welfare of the community.
d. Extent of Area That Should be Included in a Concept Plan. When the overall
development project is to be developed in phases,the concept plan area shall include the
entire property from which the phases are being subdivided and an approximate
development schedule. Where significant natural or man-made features, such as
thoroughfares or creeks, make inclusion of the entire property in the concept plan
unnecessary to adequately review the items listed in the preceding paragraph,the concept
plan may include a smaller study area. Boundaries such as major thoroughfares,whether
existing or proposed, creeks, political subdivisions, or other such natural or man-made
features may be used to delineate the smaller study area.
City of Wylie, Texas 27 Subdivision Ordinance(Draft)
Section 2.4: Procedures and Submission Requirements for Preliminary Plat Approval
2.4 a. Following the pre-application conference (as described in Section 2.1 above)regarding
the overall general development strategy for the property, the applicant shall have
prepared a preliminary plat together with full engineering plans for the construction of
the subdivision and all associated public improvements and other supplementary
materials, as required by this Ordinance or by the City.
b. The preliminary plat shall constitute only that portion of the approved concept plan,
required by the Zoning Ordinance which the applicant proposes to construct and record
provided,however,that such portion conforms to all the requirements of this Ordinance
and with any other applicable regulations and codes of the City.
c. A preliminary plat, if not preceded by an approved concept plan showing phasing of the
overall development, shall include all contiguous property under the ownership or
control of the applicant. It may contain more than one phase that, if so, shall be clearly
identified.
d. The applicant may choose to submit a final plat for review concurrently with the
preliminary plat. In such case, the City may schedule concurrent review of both plats,
provided that all required information and other items are submitted for both plats,
including full engineering plans and the appropriate assurances for the completion of all
improvements, as per Section 6, and provided that adequate review can be achieved by
the City. If the City,due to staffresources or other factors,cannot complete its review of
both plats, and other associated materials, prior to the applicable Planning and Zoning
Commission meeting,then only the preliminary plat shall be considered for approval and
the final plat shall be denied unless the thirty(30) day review requirement is waived in
writing by the applicant.
e. Approval of a preliminary plat by the City Council shall be deemed general approval of
the street and lot layout shown on the preliminary plat(approval for construction of the
necessary streets,water lines, sewer lines,and other required improvements and utilities
shall be authorized only through the City Engineer's approval of the engineering plans),
and to the preparation of the final or record plat. Except as provided for herein,approval
of the preliminary plat shall constitute conditional approval of the final plat when all
conditions of approval and when all procedural requirements set forth in this Ordinance
have been met.
f. Standards for Approval. No preliminary plat shall be recommended for approval by the
Commission or approved by the City Council unless the following standards have been
met:
1. The plat substantially conforms with the approved concept plan,or other studies and
plans, as applicable;
City of Wylie, Texas 28 Subdivision Ordinance(Draft)
2. The layouts and engineering plans for required public improvements and City
utilities have been submitted by the applicant for approval by the City Engineer
(whether specifically stated or not,preliminary plat approval shall always be subject
to any additions or alterations to the engineering plans as deemed necessary by the
City Engineer, as needed, to ensure the safe, efficient and proper construction of
public improvements within the subdivision); and
3. The plat conforms to applicable zoning and other regulations.
g. No construction work shall begin on the proposed improvements in the proposed
subdivision prior to approval of the preliminary plat by the City Council, nor prior to
issuance of all appropriate construction permits by the City and other appropriate entities
or agencies. The applicant shall also provide copies of letters from applicable local
utility companies stating that each utility company has reviewed the preliminary plat and
stating any requirements,including easements,they may have. This requirement may be
deferred until the final plat is submitted if such deferral request is submitted to the City
in writing and approved by the City Manager (or designee) prior to the Commission
meeting at which the preliminary plat will be considered. No excavation, grading, tree
removal or site clearing activities shall occur prior to approval of the preliminary plat
and the engineering plans. However, preliminary grading or site preparation activities,
such as limited excavation, filling, and removal or clearing of brush, undergrowth or
man-induced debris , may be authorized by the City Engineer, at his or her discretion, if
such request is submitted in writing by the property owner or developer,if such activities
are in conformance with all applicable City ordinances and codes, and if such activities
will not be detrimental to the public health, safety or general welfare.
h. Information Required Upon or With Preliminary Plat. The proposed preliminary plat
and associated engineering plans shall show the following information(the preliminary
plat itself shall only include those items marked by italics -- other physical and
engineering data shall be included in the engineering plans or as separate documents):
1. A vicinity, or location, map that shows the location of the proposed preliminary plat
within the City (or within its ETJ) and in relationship to existing roadways;
2. Boundary lines, abstract or survey lines, corporate or other jurisdictional
boundaries, existing or proposed highways and streets (including right-of-way
widths), bearings and distances sufficient to locate the exact area proposed for the
subdivision, and all survey monuments (identified and labeled; see Section 5.2 for
specifications); the length and bearing of all straight lines, radii, arc lengths,
tangent lengths and central angles of all curves shall be indicated along the lines of
each lot(curve and line data may be placed in a table format); accurate reference
ties via courses and distances to at least one recognized abstract or survey corner
or existing subdivision corner shall be shown;
City of Wylie, Texas 29 Subdivision Ordinance(Draft)
3. The name, location and recording information of all adjacent subdivisions (or
property owners of adjacent unplatted property), including those located on the
other sides of roads or creeks, shall be drawn to the same scale and shown in dotted
lines adjacent to the tract proposed for subdivision in sufficient detail to show
accurately the existing streets, alleys, building setbacks, lot and block numbering,
easements, and other features that may influence the layout of development of the
proposed subdivision; adjacent unplatted land shall show property lines, the names
of owners of record, and the recording information;
4. The location, widths and names of all streets, alleys and easements (it shall be the
applicant's responsibility to coordinate with appropriate utility entities for
placement of necessary utility easements and for location of all streets and median
openings on highways or arterial roadways), existing or proposed, within the
subdivision limits and adjacent to the subdivision; a list of proposed street names
shall be submitted(in the form of a letter or memo along with the application form)
for all new street names(street name approval is required at the time the preliminary
plat is approved);
5. The location of all existing property lines, existing lot and block numbers and date
recorded, easements of record (with recording information), buildings, existing
sewer or water mains,gas mains or other underground structures, or other existing
features within the area proposed for subdivision;
6. Proposed arrangement and square footage of lots(including lot and block numbers)
and proposed use of same;for nonresidential uses,the location and size of buildings
(this information may be provided on a separate sheet, such as on a voluntary
concept plan or preliminary site plan; see the Zoning Ordinance);
7. A title block within the lower right hand corner of the plat(and engineering plans)
which shows the title or name under which the proposed subdivision is to be
recorded, the name and address of the property owner and the name of the land
planner, licensed engineer or registered public surveyor who prepared the plat or
plans, the scale of the plat, the date the plat was prepared, and the location of the
property according to the abstract or survey records of appropriate County of
Record, Texas; the subdivision name shall not duplicate(or phonetically replicate)
the name of any other platted subdivision in Wylie or its ETJ, but phasing
identification is allowed (it is the property owner's responsibility to check the plat
records of appropriate County of Record to ensure that the proposed subdivision
name will not duplicate or sound too much like a subdivision name already in
existence -- the City may, at its discretion, require a different subdivision name if
there is potential for confusion by public safety officials or the general public);
8. Sites, if any, to be reserved or dedicated for parks, schools, playgrounds, other
public uses or for private facilities or amenities;
City of Wylie, Texas 30 Subdivision Ordinance(Draft)
9. Scale, date, north arrow oriented to the top or left side of the sheet, and other
pertinent informational data;
10. Contours with intervals of two feet(2')or less shown for the area,with all elevations
on the contour map referenced to sea level datum;
11. Areas contributing drainage to the proposed subdivision shall be shown in the
engineering plans; locations proposed for drainage discharge from the site shall be
shown by directional arrows;
12. All physical features of the property to be subdivided shall be shown in the
engineering plans, including the location and size of all water courses, 100-year
flood plain according to Federal Emergency Management Agency (FEMA)
information, Corps of Engineers flowage easement requirements, ravines, bridges,
culverts, existing structures, drainage area in acres or area draining into
subdivisions, the outline of major wooded areas or the location of major trees, six
(6)inches and larger when measured 4 '/2 feet above ground level,and other features
pertinent to subdivision;
13. Engineering plans of water and sewer lines and other infrastructure(including sizes)
to be constructed in the subdivision;the proposed connections to distribution mains
shall be indicated;
14. Preliminary Plat; Texas State Plane Coordinates;
15. Proposed phasing of the development; where a subdivision is proposed to occur in
phases, the applicant, in conjunction with submission of the preliminary plat, shall
provide a schedule of development; the dedication of rights-of-way for streets and
street improvements, whether on-site or off-site, intended to serve each proposed
phase of the subdivision; the City Council shall determine whether the proposed
streets and street improvements are adequate pursuant to standards herein
established,and may require that a traffic impact analysis be submitted for the entire
project or for such phases as the City Council determines to be necessary to adjudge
whether the subdivision will be served by adequate streets and thoroughfares;
16. All preliminary plats shall be submitted in a legible format that complies with
appropriate County of Record requirements for the filing of plats, and shall be
drawn on a good grade blue line or black line paper;
17. Proposed or existing zoning of the subject property and all adjacent properties;
18. Minimum finished floor elevations of building foundations shall be shown for lots
adjacent to a flood plain or within an area that may be susceptible to flooding;
City of Wylie, Texas 31 Subdivision Ordinance(Draft)
19. Certificates and other language shall be included on the plat, pursuant to the
following Subsections:
(a) A statement that the subdivided area is legally owned by the applicant.
(b) An accurate legal, such as by metes and bounds, description by bearings and
distances (including necessary curve and line data), accurate to the nearest
one hundredth of a foot,for all boundary, block and lot lines, with descriptions
correlated to a permanent survey monument.
(c) A statement signed by the property owner and acknowledged before a Notary
Public as to the authenticity of the signatures, saying that the property owner
adopts the plat as shown, described and named, and that they do dedicate, in
fee simple, to the public use forever the streets, alleys and easements shown on
the plat. The property owner further reserves any easement areas shown for
mutual use of all public utilities desiring to use the same. Any public utility
shall have the right to remove and keep removed all or any part of any
vegetative growth or other appurtenance for construction or maintenance, or
efficiency of its respective system in these easements and all or any part of any
growth or construction which in any way hinders or interferes with the right of
ingress and egress to these easements for any necessary use without asking
anyone's permission.
(d) The registered public surveyor's certificate, with a place for his or her
signature and notarization of his or her signature.
(e) A place for plat approval signature of the Mayor or Mayor Pro Tern of the City
Council, a place for the City Secretary to attest such signature, and the
approval dates by the Planning and Zoning Commission and City Council.
(f) Following are the certificates and languages to be used on the plat to
accommodate the above requirements:
(1) Property Owner's Certificate (required):
STATE OF TEXAS §
COUNTY OF §
WHEREAS, [ Name(s) ] is(are)the Owner(s) of a tract of land
situated in the [ ] Survey, Abstract No. [ ], Appropriate
County of Record, Texas and being out of a[ ] acre tract conveyed
to him(them) by [ ], and a [_] acre tract conveyed to
him(them) by [ ], and being more particularly described
as follows:
(Enter accurate metes and bounds property description here)
City of Wylie, Texas 32 Subdivision Ordinance(Draft)
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That , acting herein by and through his(its)
duly authorized officers, does hereby adopt this plat designating the
herein above described property as ,an
addition to the City of Wylie, Texas, and does hereby dedicate, in fee
simple, to the public use forever, the streets, rights-of-way, and other
public improvements-shown thereon. The streets and alleys, if any, are
dedicated for street purposes. The easements and public use areas, as
shown, are dedicated, for the public use forever, for the purposes
indicated on this plat. No buildings, fences, trees, shrubs or other
improvements or growths shall be constructed or placed upon, over or
across the easements as shown, except that landscape improvements may
be placed in landscape easements, if approved by the City Council of the
City of Wylie. In addition, utility easements may also be used for the
mutual use and accommodation of all public utilities desiring to use or
using the same unless the easement limits the use to particular utilities,
said use by public utilities being subordinate to the public's and City of
Wylie's use thereof. The City of Wylie and public utility entities shall
have the right to remove and keep removed all or parts of any buildings,
fences, trees, shrubs or other improvements or growths which may in any
way endanger or interfere with the construction, maintenance, or
efficiency of their respective systems in said easements. The City of
Wylie and public utility entities shall at all times have the full right of
ingress and egress to or from their respective easements for the purpose of
constructing, reconstructing, inspecting, patrolling, maintaining, reading
meters, and adding to or removing all or parts of their respective systems
without the necessity at any time procuring permission from anyone.
This plat approved subject to all platting ordinances, rules, regulations
and resolutions of the City of Wylie, Texas.
WITNESS, my hand, this the day of , 20
BY:
Authorized Signature of Owner
Printed Name and Title
STATE OF TEXAS §
COUNTY OF §
Before me,the undersigned authority,a Notary Public in and for the State
of Texas, on this day personally appeared
Owner, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same
for the purpose and considerations therein expressed.
City of Wylie, Texas 33 Subdivision Ordinance(Draft)
Given under my hand and seal of office, this _ day of ,
20
Notary Public in and for the State of Texas
My Commission Expires On:
(2) Surveyor's Certificate (required):
KNOW ALL MEN BY THESE PRESENTS:
That I, , do hereby certify that I prepared this
plat from an actual and accurate survey of the land and that the corner
monuments shown thereon as set were properly placed under my personal
supervision in accordance with the Subdivision Ordinance of the City of
Wylie.
(seal) Signature of Registered Public Land Surveyor
Registration No.
STATE OF TEXAS §
COUNTY OF §
Before me,the undersigned authority,a Notary Public in and for the State
of Texas, on this day personally appeared ,
Land Surveyor, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the
same for the purpose and considerations therein expressed.
Given under my hand and seal of office, this _ day of ,
20 .
Notary Public in and for the State of Texas
My Commission Expires On:
City of Wylie, Texas 34 Subdivision Ordinance(Draft)
(3) Approval Block(required):
CITY APPROVAL OF PRELIMINARY PLAT
Approved for preparation of final plat following construction of all
public improvements (or appropriate sureties thereof) necessary
for the subdivision shown on this plat.
APPROVED BY: Planning and Zoning Commission
City of Wylie, Texas
Signature of Chairperson Date
APPROVED BY: City Council
City of Wylie, Texas
Signature of Mayor Date
ATTEST:
City Secretary Date
(4) Special Notice (required):
NOTICE: Selling a portion of this addition by metes and bounds is a
violation of City ordinance and State law, and is subject to fines and
withholding of utilities and building permits.
(5) Visibility,Access and Maintenance Easements(to be used if applicable):
The area or areas shown on the plat as "VAM" (Visibility, Access and
Maintenance) Easement(s) are hereby given and granted to the City, its
successors and assigns, as an easement to provide visibility, right of
access for maintenance upon and across said VAM Easement. The City
shall have the right but not the obligation to maintain any and all
landscaping within the VAM Easement. Should the City exercise this
maintenance right,then it shall be permitted to remove and dispose of any
and all landscaping improvements,including without limitation,any trees,
shrubs, flowers, ground cover and fixtures. The City may withdraw
maintenance of the VAM Easement at any time. The ultimate
maintenance responsibility for the VAM Easement shall rest with the
owners. No building, fence, shrub, tree or other improvements or
City of Wylie, Texas 35 Subdivision Ordinance(Draft)
growths, which in any way may endanger or interfere with the visibility,
shall be constructed in, on,over or across the VAM Easement. The City
shall also have the right but not the obligation to add any landscape
improvements to the VAM Easement,to erect any traffic control devices
or signs on the VAM Easement and to remove any obstruction thereon.
The City, its successors, assigns, or agents shall have the right and
privilege at all times to enter upon the VAM Easement or any part thereof
for the purposes and with all rights and privileges set forth herein.
(6) Access Easements (to be used if applicable):
The undersigned does covenant and agree that the access easement may
be utilized by any person or the general public for ingress and egress to
other real property, and for the purpose of general public vehicular and
pedestrian use and access, and for fire department and emergency use in,
along, upon and across said premises, with the right and privilege at all
times of the City of Wylie, its agents, employees, workmen and
representatives having ingress, egress, and regress in, along, upon and
across said premises.
(7) Other Plat Language. The plat shall include any other applicable
language, such as for drainage, floodway or other special types of
easements, or such as for a private street subdivision, as deemed
appropriate and necessary by the City for the purpose of protecting the
public health, safety and welfare. Applicable plat languages are
available upon request at the City.
i. (reserved)
j. Engineering Plans. Along with the preliminary plat application, the applicant shall
submit two (2) sets of the complete engineering plans for streets, alleys, storm sewers
and drainage structures, water and sanitary sewer facilities, screening and retaining
walls, landscaping and irrigation, and any other required public improvements for the
area covered by the preliminary plat. The engineering plans shall also contain any plans
deemed necessary to show or document compliance with the City=s ordinances
pertaining to nonpoint source pollution control, on-site sewage facility rules, and any
other applicable codes and ordinances of the City that are related to development of a
land parcel. Cost estimates shall also be submitted with the engineering plans. For the
purposes of this Ordinance, complete sets of engineering plans shall include the
following plans or sheets (generally in this order), as well as any additional plans or
sheets deemed necessary and requested by the City Engineer:
-- Cover or title sheet
-- Preliminary plat
City of Wylie, Texas 36 Subdivision Ordinance(Draft)
-- Final site plan(for nonresidential and multi-family projects only- see the
Zoning Ordinance for specific requirements and approval procedures)
-- Existing conditions plan, which shows existing topography, vegetation, tree
inventory, existing natural and man-made physical features, etc.
-- Existing tree survey and Tree Management Plan
-- Grading, erosion control, and water quality control plans
-- Paving and storm drainage plans
-- Utility plans for water, sanitary sewer, etc.
-- Traffic control plans(if necessary)
-- Screening and retaining wall plans
-- Landscaping and irrigation plans
City of Wylie, Texas 37 Subdivision Ordinance(Draft)
The applicant shall have these plans prepared by their own professional engineer(s),
subject to approval of the plans by the City Engineer. The City Engineer (or designee) shall
review, or cause to be reviewed, the plans and specifications and if approved, shall mark them
"Approved" and shall return one set to the applicant. If not approved, one set shall be
marked with the objections noted and returned to the applicant for correction,whereupon
the applicant's engineer shall correct the plans as requested and shall resubmit them back
to the City Engineer for re-review. Once the engineering plans are approved by the City
Engineer, the property owner shall provide additional sets of the approved plans to the
City, as specified by the City Engineer, for use during construction. A full set of the
City-approved engineering plans must be available for inspection on the job site at all
times.
After approval of the preliminary plat by the City Council, approval of the engineering
plans and specifications by the City Engineer, and following procurement of all
applicable permits from other appropriate agencies, such as TxDOT, TNRCC, U.S.
Army Corps of Engineers, or appropriate County of Record,the applicant shall cause a
contractor to install or construct the public improvements in accordance with the
approved plans and the City's standard specifications, and at the applicant's expense
(also see Section 6). The applicant shall employ engineers, surveyors or other
professionals as necessary to design, stake, supervise and perform the construction of
such improvements, and shall cause his or her contractor to construct the said
improvements in accordance with this Ordinance and with the City's, and any other
applicable agency's, design standards.
Engineering plans shall be prepared by or under the direct supervision of a professional
engineer licensed in the State of Texas, as required by State law governing such
professions and in accordance with this Ordinance and the City's Design Manuals and
Standard Construction Details. All engineering plans submitted for City review shall be
dated and shall bear the responsible engineer's registration number,his or her designation
of"professional engineer" or"P.E.", and the engineer's seal. Engineering plans shall be
approved by the City Engineer when such plans meet all of the requirements of this
Ordinance and the Design Manuals and Standard Construction Details.
City of Wylie, Texas 38 Subdivision Ordinance(Draft)
Engineering plans shall be in conformance with the Design Manuals and Standard
Construction Details and with the requirements set forth herein. Engineering plans
showing paving and design details of streets, alleys, culverts, bridges, storm sewers,
water mains, sanitary sewers, sidewalks, screening and retaining walls, landscape and
irrigation plans (if appropriate), and other engineering details of the proposed
subdivision at a scale of one inch equals 40 or 50 feet (1" =40'or 50') horizontally and
one inch equals 4, 5,or 10 feet(1"=4', 5'or 10')vertically shall be submitted to the City
Engineer(or designee)along with a copy of the preliminary plat of the subdivision. The
number of copies as specified by the City shall be submitted along with the preliminary
plat submittal.
As part of the engineering plans, a drainage plan showing how the drainage of each lot
relates to the overall drainage plan for the plat under consideration shall be submitted.
The drainage plan shall be made available to each builder within the proposed
subdivision and all builders shall comply with the drainage plan.
k. Effect of Approval. Approval of a preliminary plat authorizes the property owner,upon
fulfillment of all requirements and conditions of approval and upon construction of all
required improvements(or submission of the proper assurances for construction of same,
per Section 6), to submit an application for final plat approval(see Section 2.5).
1. Revisions to Approved Preliminary Plat. It is generally recognized that minor revisions
to the preliminary plat will probably be needed before the final plat can be filed at the
County of Record. Such minor revisions as slight enlargement or shifting of easements
or lot lines, addition of private or franchise utility easements, correction of bearings or
distances, correction of minor labeling errors, addition of erroneously omitted
informational items and labels, etc. may occur on the final plat without having to re-
approve the preliminary plat. Major revisions, such as obvious reconfiguration of lot
lines or easements, relocation of driveways or access easements or fire lanes, any
modification to the perimeter or boundary of the property, and relocation or addition or
deletion of any public improvement (including corresponding easement), shall
necessitate re-submission and re-approval of the plat as a "revised preliminary plat".
The procedures for such re-approval shall be the same as for a preliminary plat,and such
re-approval may constitute a new project thus necessitating submission of a new
application form, payment of new fees, and other requirements.
Section 2.5: Procedures and Submission Requirements for Final Nat Approval
2.5 a. The final plat shall be in accordance with the preliminary plat, as approved, and shall
incorporate all applicable conditions, changes, directions and additions imposed by the
Planning and Zoning Commission and City Council upon the preliminary plat. The final
plat shall not be approved by the City Council until all utilities, infrastructure,and other
required improvements have been constructed according to the engineering plans, as
approved by the City Engineer, unless provisions are made for the completion of the
improvements in accordance with Section 6. The final plat shall not be submitted prior
to approval of the preliminary plat (see Section 2.4 [c] for exception).
City of Wylie, Texas 39 Subdivision Ordinance(Draft)
b. Final plat applications which do not include the required data, completed application
form, submission fee, number of copies of the plat, record drawings, "Letter of
Satisfactory Completion"(of the public improvements)from the City,and other required
information, including documentation that all required public improvements have been
constructed and installed in accordance with City standards, letters from utility
companies verifying their easements,and submission of the proper assurances or escrow
funds for the completion of the improvements, per Section 6, will be considered
incomplete, shall not be accepted for submission by the City, and shall not be scheduled
on a Planning and Zoning Commission agenda until the proper information is provided
to City staff.
c. Information Required on a Final Plat.
1. All information that is required for a preliminary plat(see Section 2.4(i)),except for
submission of engineering plans, provided that such plans were already submitted
and approved with the preliminary plat; and except that physical features of or on
the land,such as topography,buildings,structures,water bodies and tree cover,shall
not be shown on the final plat. In addition to these items, the final plat shall also
provide a place for the County
Clerk of appropriate County of Record to stamp the date and location where the plat
will be filed("Volume or Cabinet ,Page or Slide ")in the lower right-hand
corner of the plat drawing.
2. All aspects of the final plat shall conform to the standards of appropriate County of
Record for plats with respect to clarity, sheet size, lettering size and reproducibility.
It is the applicant's responsibility to be familiar with the County's standards for
filing plats and to comply with same.
3. Approval Block (required). The approval block used on the previously approved
preliminary plat shall be modified and shown on the final plat, as follows:
FINAL PLAT
Approved by the City of Wylie for filing at the office of the
Deed Records of appropriate County of Record, Texas.
APPROVED BY: Planning and Zoning Commission
City of Wylie, Texas
Signature of Chairperson Date
APPROVED BY: City Council
City of Wylie, Texas
Signature of Mayor Date
ATTEST:
City Secretary Date
City of Wylie, Texas 40 Subdivision Ordinance(Draft)
4. Property Location Statement(required by Appropriate County of Record):
This property is located in the corporate limits (or the extraterritorial
jurisdiction) of the City of Wylie, appropriate County of Record, Texas.
Mayor, City of Wylie Date
ATTEST:
City Secretary, City of Wylie Date
5. Certification of Document(required by Appropriate County of Record):
I, the undersigned, Mayor of the City of Wylie, hereby certify that this
subdivision plat conforms to all requirements of the Subdivision
Regulations of this City, and is hereby authorized and approved by the
City Council of the City of Wylie for recording in the Plat Records of
Appropriate County of Record, Texas.
Mayor, City of Wylie Date
ATTEST:
City Secretary, City of Wylie Date
d. Standards for Approval. No final plat shall be reviewed by the Commission or approved
by the City Council unless the following standards have been met:
1. The plat substantially conforms with the approved preliminary plat and other studies
and plans, as applicable;
2. The construction and installation of required public improvements and City utilities
has been completed and the improvements have been accepted by the City as
conforming to the City's regulations and design standards(or the proper assurances
for construction of the improvements have been submitted and approved by the City,
per Section 6); and
3. The plat conforms to applicable zoning, subdivision and other development related
regulations, including the City's nonpoint source pollution control ordinance
(Article 11.100 of the Code of Ordinances, as amended), on-site sewage facility
rules (as applicable; Article 11.200 of the Code of Ordinances, as amended), and
any other applicable codes or ordinances of the City that are related to development
of a land parcel.
City of Wylie, Texas 41 Subdivision Ordinance(Draft)
e. When all of the improvements are found to be constructed and completed in accordance
with the approved plans and specifications and with the City's standards, and upon
receipt by the City of Wylie of a maintenance bond or certificate of deposit in
accordance with Section 6 of this Ordinance from each contractor,three(3)sets of"AS
BUILT"(or"Record Drawing")plans and one(1)set of"As-Built"or"Record Drawing"
sepias shall be submitted with a letter stating the contractor's compliance with this
Ordinance. After such letter is received, the City Manager (or designee) shall receive
and accept for the City of Wylie the title, use and maintenance of the improvements
according to Section 6.7. The final plat shall not be approved prior to receipt of the
above letter and other items, nor prior to acceptance of the improvements by the City.
f. Timing of Public Improvements.
1. The City Council may permit all or some of the public improvements to be installed,
offered for dedication,or accepted by the City after approval of the final plat by the
City if there exists a compelling reason that is consistent with the public health,
safety or welfare to do so (also see Section 6).
The City Council may permit or require the deferral of the construction of public
improvements if; in its judgment, deferring the construction would not result in any
harm to the public or would offer significant advantage in coordinating the site's
development with adjacent properties and off-site public improvements. The
deferred construction of any required public improvement(s) must be approved by
the City Council at the time of preliminary plat approval, and the necessary
assurances for completion of the improvements, in accordance with Section 6, shall
be a stipulation, or condition, of approval of the preliminary or final plat.
2. If the City Council does not require that all public improvements be installed,
offered for dedication, or accepted by the City prior to approval of the final plat,the
applicant shall provide assurances or security for the completion of the
improvements or escrowed funds, as provided in Section 6.
g. Effect of Approval. Approval of a final plat authorizes the property owner, upon
fulfillment of all requirements and conditions of approval and upon completion of
construction of all required improvements (or submission of the proper assurances for
construction of same,per Section 6),to submit the final copies,or mylars,of the plat for
filing at appropriate County of Record. Lots may be sold only when the final plat has
been approved by the City Council and the plat has been filed at the appropriate County
of Record. No conveyance or sale of any portion or lot of the property may occur until
after the final plat is approved by the City Council and filed at the appropriate County
of Record.
h. Revisions to Approved Final Plat Prior to Filing at the County. Occasionally, minor
revisions are needed before the final plat can be filed at the County. Such minor
revisions as correction of bearings or distances, correction of minor labeling errors,
addition of erroneously omitted informational items and labels, etc. may occur on the
record plat prior to filing it without the City Council having to re-approve the final plat.
City of Wylie, Texas 42 Subdivision Ordinance(Draft)
Major revisions,such as obvious corrections or reconfiguration of lot lines or easements,
relocation of driveways or access easements or fire lanes, any modification to the
perimeter or boundary of the property, and relocation or addition or deletion of any
public improvement(including corresponding easement),shall necessitate re-submission
and re-approval of the plat as a"revised final plat". The procedures for such re-approval
shall be the same as for a final plat, and such re-approval may constitute a new project
thus necessitating submission of a new application form,payment of new fees,and other
requirements.
i. Subsequent to final plat approval by the City Council,the applicant shall return copies of
the final plat, as approved, with any other required documents and necessary fees
attached thereto,to the City Planner within thirty(30)calendar days following approval,
in accordance with requirements established by the City. All easements shall be
included on the plat, including the recording information for those easements that are
filed or recorded as separate instruments,as required by utility companies and the City of
Wylie prior to filing the final plat, and a copy of letters from each applicable utility
company shall be submitted to the City Planner stating that the plat contains the proper
easements. All necessary filing materials, including mylars, reductions or blueline
copies,as required by the County Clerk of the appropriate County of Record,in addition
to mylar copies and a computer disk containing the digital plat file(s) required by the
City Planner, shall be returned to the City with the required fees. If the required copies
and materials are not returned to the City within the specified 30-day time frame, the
approval of the final plat shall be null and void unless an extension is granted by the City
Council. The City shall file the final plat at the office of the County Clerk of the
appropriate County of Record within thirty (30) calendar days following receipt of all
filing materials, including filing fees.
Section 2.6: (reserved)
Section 2.7: Development Plats
2.7 a. Authority. This Section is adopted pursuant to the Texas Local Government Code,
Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended.
b. Applicability. For purposes of this Section, the term "development" means the
construction of any building, structure or improvement of any nature (residential or
nonresidential),or the enlargement of any external dimension thereof. This Section shall
apply to any land lying within the City or within its extraterritorial jurisdiction in the
following circumstances:
1. The development of any tract of land which has not been platted or replatted prior to
the effective date of this Ordinance, unless expressly exempted herein;
2. The development of any tract of land for which the property owner claims an
exemption from the City's Subdivision Ordinance, including requirements to replat,
which exemption is not expressly provided for in such regulations;
City of Wylie, Texas 43 Subdivision Ordinance(Draft)
3. The development of any tract of land for which the only access is a private easement
or street;
4. The division of any tract of land resulting in parcels or lots each of which is greater
than five (5) acres in size, and where no public improvement is proposed to be
dedicated.
c. Exceptions. No development plat shall be required, where the land to be developed has
received final plat or replat approval prior to the effective date of this Ordinance. The
City Council may, from time to time, exempt other development or land divisions from
the requirements of this Section.
d. Prohibition on Development. No development shall commence, nor shall any building
permit, utility connection permit, electrical connection permit or similar permit be
issued, for any development or land division subject to this Section,until a development
plat has been reviewed by the Commission,approved by the City Council,and submitted
to the City for filing at the County. Notwithstanding the provisions of this Section, the
City shall not require building permits or otherwise enforce the City's Building Code in
the City's extraterritorial jurisdiction in relation to any development plat required by this
Subdivision Ordinance.
e. Standards of Approval. The development plat shall not be approved until the following
standards have been satisfied:
1. The proposed development conforms to all City plans, including but not limited to,
the Comprehensive Plan, utility plans and applicable capital improvements plans;
2. The proposed development conforms to the requirements of the Zoning Ordinance
(if located within the City=s corporate limits) and the Subdivision Ordinance;
3. The proposed development is adequately served by public facilities and services,
parks and open space in conformance with City regulations;
4. Appropriate agreements for acceptance and use of public dedications to serve the
development have been tendered; and
5. The proposed development conforms to the design and improvement standards
contained in this Ordinance and in the City's Design Manuals and Standard
Construction Details, and to any other applicable codes or ordinances of the City
that are related to development of a land parcel.
f. Conditions. The City Council may impose such conditions on the approval of the
development plat as are necessary to assure compliance with the standards in Subsection
(e) above.
g. Approval Procedure. The application for a development plat shall be submitted to the
City in the same manner as a final plat(see Sections 2.5 and 2.6),and shall be approved,
conditionally approved, or denied by the City Council following review and
recommendation by the Planning and Zoning Commission in a similar manner as a final
plat. Upon approval, the development plat shall be filed at the County by the City
City of Wylie, Texas 44 Subdivision Ordinance(Draft)
Secretary in the same manner as prescribed for a final plat (see Section 2.5), and
approval of a development plat shall expire if all filing materials are not submitted to the
City Manager (or designee) and if the plat is not filed at the County within the time
periods specified for a final plat.
h. Submittal Requirements-In addition to all information that is required to be shown on a
final plat (see Section 2.6), a development plat shall:
1. Be prepared by a registered professional land surveyor;
2. Clearly show the boundary of the development plat;
3. Show each existing or proposed building, structure or improvement or proposed
modification of the external configuration of the building,structure or improvement
involving a change therein;
4. Show all easements and rights-of-way within or adjacent to the development plat;
and
5. Be accompanied by the required number of copies of the plat, a completed
application form, the required submission fee, and a certificate showing that all
taxes have been paid on the subject property and that no delinquent taxes exist
against the property in accordance with Section 1.10.
Section 2.8: Replatting
2.8 a. Replat Required. Unless otherwise expressly provided for herein,a property owner who
proposes to replat any portion of an already approved final plat, other than to amend or
vacate the plat,must first obtain approval for the replat under the same standards and by
the same procedures prescribed for the final platting of land by this Ordinance. All
improvements shall be constructed in accordance with the same requirements as for a
preliminary or final plat,as provided herein. The City Manager(or designee)may waive
or modify requirements for a preliminary replat under certain circumstances where the
proposed replat does not involve a large land parcel or an existing structure or business
on the subject property, and where the proposed plat revisions are relatively simple in
nature.
b. Replatting Without Vacating Preceding Plat. A replat of a final plat or portion of a final
plat may be recorded and is controlling over the preceding plat without vacation of that
plat if the replat:
1. Is signed and acknowledged by only the owners of the property being replatted;
2. Is approved,after parties in interest and citizens have an opportunity to be heard,by
the Planning and Zoning Commission and by the City Council; and
3. Does not attempt to amend or remove any covenants or restrictions previously
incorporated in the final plat.
City of Wylie, Texas 45 Subdivision Ordinance(Draft)
c. Previous Requirements or Conditions of Approval Which Are Still Valid. In addition to
compliance with(b)above,a replat without vacation of the preceding plat must conform
to the requirements of this Section if:
1. During the preceding five(5)years,any of the area to be replotted was limited by an
interim or permanent zoning classification to residential use for not more than two
(2)residential units per lot; or
2. Any lot in the preceding plat was limited by deed restrictions to residential use for
not more than two (2) residential units per lot.
d. If the neighboring property owners file with the City a written protest of the replatting,or
if the replat requires a variance or waiver as defined in Section 1.9,then approval of the
replat will require the affirmative vote of at least three-fourths(3/4)of the City Council
members present and voting. For a legal protest, written instruments signed by the
owners of at least twenty percent (20%) of the area of the lots or land immediately
adjoining the area covered by the proposed replat and extending two hundred feet(200')
from that area, but within the original subdivision, must be filed with the City prior to
action by the Planning and Zoning Commission. In computing the percentage of land
area subject to the "20% rule" described above, the area of streets and alleys shall be
included.
e. Any replat which adds or deletes lots must include the original subdivision and lot
boundaries. If a replat is submitted for only a portion of a previously platted subdivision,
the replat must reference the previous subdivision name and recording information, and
must state on the replat the specific lots which have changed.
g. If the previous plat is vacated as prescribed in Section 212.013 of the Texas Local
Government Code, as amended, a public hearing is not required for a replat of the area
vacated.
h. The replat of the subdivision shall meet all the requirements for a final plat for a new
subdivision that may be pertinent, as provided for herein.
i. The title shall identify the document as a"Final Plat"of the" Addition,Block
, Lot(s) , Being a Replat of Block , Lot(s) of the
Addition, an addition to the City of Wylie, Texas, as recorded in
Volume/Cabinet ,Page/Slide of the Records of the appropriate County of
Record, Texas".
j. An application submittal for a replat shall be the same as for a final plat, and shall be
accompanied by the required number of copies of the plat,a completed application form,
the required submission fee, and a certificate showing that all taxes have been paid on
the subject property and that no delinquent taxes exist against the property in accordance
with Section 1.10.
k. The replat shall be filed at the County in the same manner as prescribed for a final plat,
and approval of a replat shall expire if all filing materials are not submitted to the City,
and if the replat is not filed at the County within the time periods specified for a final
plat.
City of Wylie, Texas 46 Subdivision Ordinance(Draft)
Section 2.9: Amending Plats
2.9 a. An amended plat shall meet all of the informational and procedural requirements set
forth for a final plat, and shall be accompanied by the required number of copies of the
plat,a completed application form,the required submission fee,and a certificate showing
that all taxes have been paid on the subject property and that no delinquent taxes exist
against the property in accordance with Section 1.10.
b. The City Planner may approve an amending plat, which may be recorded and is
controlling over the preceding or final plat without vacation of that plat, if the amending
plat is signed by the applicants only and if the amending plat is for one or more of the
purposes set forth in this Section. The procedures for amending plats shall apply only if
the sole purpose of the amending plat is to:
1. Correct an error in a course or distance shown on the preceding plat;
2. Add a course or distance that was omitted on the preceding plat;
3. Correct an error in a real property description shown on the preceding plat;
4. Indicate monuments set after the death,disability,or retirement from practice of the
engineer or surveyor responsible for setting monuments;
5. Show the location or character of a monument that has been changed in location or
character or that is shown incorrectly as to location or character on the preceding
plat;
6. Correct any other type of scrivener or clerical error or omission previously approved
by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
7. Correct an error in courses and distances of lot lines between two adjacent lots if
(a) Both lot owners join in the application for amending the plat;
(b) Neither lot is abolished;
(c) The amendment does not attempt to remove recorded covenants or restrictions;
and
(d) The amendment does not have a material adverse effect on the property rights
of the owners in the plat;
8. Relocate a lot line to eliminate an inadvertent encroachment of a building or other
improvement on a lot line or easement;
9. Relocate one or more lot lines between one or more adjacent lots if
(a) The owners of all those lots join in the application for amending the plat;
(b) The amendment does not attempt to remove recorded covenants or restrictions;
and
(c) The amendment does not increase the number of lots; or
City of Wylie, Texas 47 Subdivision Ordinance(Draft)
10. To make necessary changes to the preceding plat to create six(6)or fewer lots in the
subdivision or a part of the subdivision covered by the preceding plat if
(a) The changes do not affect applicable zoning and other regulations of the City;
(b) The changes do not attempt to amend or remove any covenants or restrictions;
and
(c) The area covered by the changes is located in an area that the City Council has
approved, after a public hearing, as a residential improvement area.
c. The City Manager(or designee)may,at his or her discretion and for any reason,elect to
present the amending plat to the Planning and Zoning Commission and City Council for
consideration and approval. Any decision made on the amending plat by the City
Manager (or designee) shall be approval of the plat. Should the City Manager (or
designee) refuse to approve the amending plat, then the plat shall be referred to the
Commission and the City Council for consideration within the time period required by
State law.
d. Notice, a public hearing, and the approval of other lot owners are not required for the
approval and issuance of an amending plat.
e. The amended plat shall be entitled and clearly state that it is an"amended plat." It shall
also state the specific lots affected or changed as a result of the amended plat, and shall
include the original subdivision plat boundary. All references to "final plat" or "replat"
shall be removed.
f. Other than noted above, the procedure for approval of plat amendment(s) shall be the
same as in Section 2.8.
g. The amending plat shall be filed at the County in the same manner as prescribed for a
final plat, and approval of an amending plat shall expire if all filing materials are not
submitted to the City Secretary, and if the plat is not filed at the County within the time
periods specified for a final plat.
Section 2.10: Plat Vacation
2.10 a. By Property Owner. The property owner of the tract covered by a plat may vacate,upon
review by the Commission and approval by the City Council, the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument
declaring the plat vacated is approved and recorded in the manner prescribed for the
original plat (instrument language is available from the City, upon request).
b. By All Lot Owners. If some or all of the lots covered by the plat have been sold, the
plat,or any part of the plat,may be vacated on the application of all the owners of lots in
the plat with approval obtained in the manner prescribed for the original plat.
City of Wylie, Texas 48 Subdivision Ordinance(Draft)
c. Criteria. The Planning and Zoning Commission shall review, and the City Council shall
approve,the petition for vacation on such terms and conditions as are in accordance with
Section 212.013 of the Texas Local Government Code (as amended), and as are
reasonable to protect the public health, safety and welfare. As a condition of vacation of
the plat, the City Council may direct the petitioners to prepare and seek approval of a
revised final plat in accordance with this Ordinance such that the property does not
become "unplatted".
d. Effect of Action. On the execution and recording of the vacating instrument,the vacated
plat shall have no effect. Regardless of the Commission's and City Council's action on
the petition, the property owner will have no right to a refund of any monies, fees or
charges paid to the City nor to the return of any property or consideration dedicated or
delivered to the City except as may have previously been agreed to by the Commission
and City Council.
e. City-Initiated Plat Vacation.
1. General Conditions. The City Council, on its motion, may vacate the plat of an
approved subdivision or addition when:
(a) No lots within the approved plat have been sold within five(5)years following
the date that the plat was signed by the City;
(b) The property owner has breached an improvement agreement and the City is
unable to obtain funds with which to complete construction of public
improvements, except that the vacation shall apply only to lots owned by
property owner or its successor; or
(c) The plat has been of record for more than five (5) years and the City
determines that the further sale of lots within the subdivision or addition
presents a threat to public health, safety or welfare, except that the vacation
shall apply only to lots owned by the property owner or its successors.
2. Procedure. Upon any motion of the Planning and Zoning Commission or City
Council to vacate the plat of any previously approved subdivision or addition, in
whole or in part, the City shall publish notice in a newspaper of general circulation
in the County. The City shall also provide personal notice to all property owners
within the subdivision or addition and to the City Council. The notice shall state the
time and place for a public hearing on the motion to vacate the subdivision or
addition plat. The Commission shall recommend approval and the City Council
shall approve the vacation only if the criteria and conditions cited above are
satisfied.
City of Wylie, Texas 49 Subdivision Ordinance(Draft)
3. Record of Notice. If the Commission and City Council approve vacating a plat,the
City Secretary shall record a copy of the resolution or ordinance in the office of the
County Clerk of the appropriate County of Record with a copy of the area or plat
vacated. The County Clerk shall write legibly on the vacated plat the word
"vacated"and shall enter on the plat a reference to the volume and page at which the
vacating instrument is recorded. If the Commission and City Council adopt a
resolution or ordinance vacating a plat in part,it shall cause a revised final plat to be
recorded which shows that portion ofthe original plat that has been vacated and that
portion that has not been vacated. On the execution and recording of the vacating
instrument the vacated plat has no effect.
Section 2.11: Minor Plats
2.11 a. A minor plat shall meet all of the informational and procedural requirements set forth for
a final plat, and shall be accompanied by the required number of copies of the plat, a
completed application form, the required submission fee, and a certificate showing that
all taxes have been paid on the subject property and that no delinquent taxes exist against
the property in accordance with Section 1.10.
b. The City Manager(or designee)may approve a minor plat,or may,for any reason,elect
to present the minor plat to the Planning and Zoning Commission and City Council for
consideration and approval. Any decision made on the minor plat by the City Manager
(or designee)shall be approval of the plat. Should the City Manager(or designee)refuse
to approve the minor plat, then the plat shall be referred to the Planning and Zoning
Commission and/or City Council for consideration within the time period required by
State law.
c. Notice, a public hearing, and the approval of other lot owners are not required for the
approval a minor plat.
d. The minor plat shall be entitled and clearly state that it is a "minor plat."
e. The minor plat shall be filed at the County in the same manner as prescribed for a final
plat, and approval of a minor plat shall expire if all filing materials are not submitted to
the City and if the plat is not filed at the County within the time periods specified for a
final plat.
City of Wylie, Texas 50 Subdivision Ordinance(Draft)
KEEPING CITIES GREEN
THROUGH MUNICIPAL TREE PRESERVATION REGULATIONS
By Claude Thompson
Mature trees are as synonymous with the definition of "scenic" landscapes as "urban"
landscapes too often define the loss and lack of mature trees. The Rio Earth Summit
concluded that there has probably never been a human society which has developed
with a truly sustainable relationship with nature, and the loss of native forests are an
unfortunate result of even the most primitive agricultural settlements. Thoreau argued
that "in woodlands is the preservation of the world. Every tree sends its fibers forth in
search of that goal, and the cities import it at any cost..."
Modern, large-scale development practices, which encourage increased land clearing
for wider streets, buried drainage and utility systems, and larger leveled areas for
buildings and parking, have resulted in the massive destruction of urban forests
throughout America. Although confessing to recognize the value of trees, planners and
developers alike have generally been all too willing to sacrifice existing trees in favor of
later landscaping. But starting over with the planting of new trees can never adequately
replace the loss of the aesthetic, environmental and economic values which mature
trees provide. In response to this loss, local governments and even some States are
enacting legislation which requires the protection of existing trees during construction.
The National Association of Home Builders has called tree preservation "the next
emerging environmental issue". The conservation of existing trees through local
legislation is unquestionably worthwhile and even necessary.
One of the earliest public regulations intended specifically to preserve existing trees was
passed by the State of Maine in 1907. This legislation allowed communities to restrict
the cutting of trees on undeveloped private lands in order to protect public water
supplies by preventing soil erosion and siltation. Still, by the mid-1980s, there were as
few as one hundred municipal tree preservation ordinances within the United States,
and the vast majority of these were in the more environmentally-activist states of Florida
and California. Since the 1990s, however, a great number of ordinances have ben
enacted to regulate the protection of existing trees on private lands, and most applicable
during the development process. Maryland's 1991 Forest Conservation Act regulates
existing trees as a State resource, whether or not the local governments enact
corresponding legislation for their protection. California enacted enabling legislation
which authorizes and provides guidance to local governments desiring to enact tree
conservation measures, while the New Jersey legislation requires all municipalities
within the environmentally-sensitive Southern Pinelands District to enact local tree
protection laws. Encouraged by either private environmental activism or requirements
of compliance with public water and air quality standards, many municipalities and some
counties throughout the nation have adopted some form of requirement for the
protection of existing trees. The pioneering and often modeled Austin, Texas regulation
have remained substantially unchanged since its initial adoption in 1983.
Because of this relatively recent governmental interest in protecting existing trees
against possibly destructive urban development, both technical literature and court
decisions to guide such public regulations are still limited. The preservation of trees is
very complex and no single model can possibly serve all environmental conditions or
development scenarios. However, the technical information and case law which is
available identify several major policy issues which must be considered if such
regulations are to efficiently achieve their goal. This paper and presentation
summarizes alternative approaches to the most significant of these issues as a basis for
further dialogue and to encourage all interested parties to share their experiences and
advance this growing opportunity to advance the quality of our built environment.
The significant and diverse values of preserving existing, mature trees have been well
documented by such varied sources as Henry Arnold's Trees in Urban Design, USDA
Forest Service's Modeling Benefits and Costs of Community Trees, American Planning
Association's Tree Conservation Ordinances, and American Forests' CITYgreen
analysis. Retaining existing trees and limiting land disturbance is one of the most cost-
effective methods of meeting new federal standards for stormwater management and
protection of water quality from nonpoint sources, and this is a stated objective of most
recent ordinances. Moderating climate and improving air quality is another historic and
defensible goal of local tree conservation measures. Probably the most readily
accepted benefits of mature trees are scenic, aesthetic and psychological, although
these values are the most difficult to measure and are not normally sufficient alone to
justify public regulation. Local governments typically cite a number of these values as
objectives for tree preservation legislation. But in order to defend such regulations both
legislatively and judicially, it is necessary that the specific benefits and value of local
trees be accurately documented and that a clear and reasonable relationship (or
"rational nexus") be established between the expressed public benefit or need and the
regulation enacted to achieve it.
The most common argument used against public regulations intended to preserve trees
on private property during land development processes is that requirements are too
restrictive and therefore constitute an unconstitutional confiscation of the property
values without due compensation. However, the courts have adequately established
that some level of lost in private value without public compensation is reasonable in
governmental controls of private property for the greater public good — as long as the
requirements can be demonstrated to prevent injury to others and some legitimate value
to the property is retained. Those few state courts which have specifically addressed
the legality of local regulatory preservation of existing private trees have generally
interpreted standard subdivision platting and zoning enabling legislation as sufficient
authority for local tree preservation legislation (Swanson v. City of Bloomington, 421
N.W. 2nd 307, Minn. 1988).
But the few local tree preservation regulations which have been overturned have usually
failed because of unclear or inadequate definitions or review processes. The
legislation's nomenclature must be technically correct but popularly clear, and must fully
define appropriate submittal requirements and documentation as well as the criteria by
which proposals will be evaluated (what trees are to be inventoried and how). What
trees are to be considered for protection must be clearly defined. Ordinances must also
clearly state what types of land uses and development activities are covered and to
what degree (many codes exempt public and agriculture uses and some exempt
residential uses or tracts smaller than a certain size). Specific direction must be
provided on what trees are to be preserved, in what manner they are to be preserved,
and for how long after construction is complete trees will be the legally protected. A
technical manual, such as that prepared by Prince George's County, Maryland, is
helpful in guiding planners and developers through the implementation of regulations
and in achieving equitable compliance and conservation.
The definition of what constitutes a protected tree or what trees are to be preserved
differs greatly between localities, but must be selected to achieve an equitable balance
between private rights of development and public goals for preservation. The historic
and still most common means of defining trees to be protected is size. Twelve inches
(at breast height) is a common minimal size for consideration, but Montgomery County,
Maryland strives to preserve "specimen" trees with a trunk diameter of twenty-four
inches or larger, while the Dallas and Atlanta regulations use eight inches in diameter
as the preservation threshold. A few communities concentrate preservation efforts on
certain species, like Thousand Oaks, California where all oak genera larger than two
inches in diameter are subject to public review. Fulton County, Georgia applies a
criteria which combines both size and species, defining protected hardwoods as thirty
inches and larger, softwoods at thirty-six inches, and flowering understory species at
twelve inches. Several more recent ordinances focus less on individual trees and target
a certain proportion of the tree cover on the development site, which is thought to better
address the private rights issue and better tailored to both the development planning
process and environmental goals. Garland, Texas requires preservation or replacement
of sixty percent of the net caliper inches on the site, excluding those trees within the
building pads and required easements which is considered to be a legal private
development right. California enabling legislation recommends that municipalities apply
a sliding scale to determine standards for canopy retention, based on the amount of
existing base-line tree coverage documented by the site survey. Many cities, like
Dallas, exempt from documentation and protection certain species which are
considered undesirable for urban growth. Whether in response to the private rights
question or to encourage compliance greater than the minimal requirements, some few
municipalities allow variances to other development requirements as incentives or
tradeoffs for saving trees, most commonly including increased building density and
decreased parking.
Sound planning principles recognize that the land dictates what can best be done with
it, so that the location of development such as roads and building pads depends on the
location of trees and other natural characteristics. While this is certainly basic
classroom planning theory, it is, unfortunately, too often not the case in real-world, front-
end-economy-driven development practice. Tree preservation regulations are but one
public tool for encouraging the preservation of existing private trees, and also of
assuring that quality development techniques are practiced somewhat equitably on all
sites by all developers.
Public regulations for tree preservation should encourage the same criteria and
methodologies which sensitive planners follow in any development project. The initial
site inventory must document the location and condition of trees as reliability as it does
property lines or topography and drainage. The appropriateness of existing trees to
support the proposed development must be analyzed as carefully as is the
appropriateness of soils to support that development. The design layout must honor
significant tree specimens and communities in the same manner in which balancing of
cut and fill areas seeks to honor topography and limit land disturbance (and the
resulting extra costs). Drainage should be accommodated by natural, nonstructural
systems as much as possible before being buried, and other utilities must avoid
trenching or overhead lines within critical root zones and canopy of major trees.
Protective fencing around trees which are to be preserved and their close observation
during construction must be provided to assure that no activity disturbs the ground
beneath the canopies of retained trees. Especially for larger, older trees, the post-
development environment of hydrology, light, wind, and nutrients must remain similar to
that experienced in the natural state, or augmentation systems such as soil
aeration/drainage and tree wells should be added during construction.
Not only is local tree preservation regulation a very complex issue for the reasons
stated above, but it can also be very political because it involves the highly emotional
issues of environment and private property rights. Everyone benefits from saving
mature trees, and adopting the legislation to do so should involve the broadest possible
coalition of those most effected. Positive partnerships must be built, including
conservation advocates and the development community and public officials. Everyone
must thoroughly understand the goals and methodologies of the requirements, and
sufficient resources must be allocated to implement the regulations and monitor
development once regulations are adopted.
Star Telegram 110/30/2002 I State's highest court to consider zoning case Page 1 of 3
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- - - State's highest court to consider zoning online
Maps& Directions
. case
By John Kirsch
Star-Telegram Staff Writer
The Texas Supreme Court is scheduled to hear arguments today in a
case that could require Texas cities to pay property owners when
zoning changes harm land values. PHOTOS
Star-Telegram.com
» Fort Worth The case, which observers say has no precedent, has drawn wide
attention from municipal officials and real estate developers.
» Arlington
» Northeast Tarrant
Two lower courts have ruled that the rezoning of a tract in Glenn
» Dallas
Heights, which is south of Dallas, caused its value to decline about rr I
» Texas
38 percent. A jury awarded $485,000 in damages to the owner, a
» National residential development company.
» International I I
» Business A trial court in Ellis County held that Glenn Heights' rezoning of the
» Opinions 194-acre property, which reduced the number of lots per acre from
• Cheers&Jeers six to four, was a "taking." Since the city was, in effect, wielding ).> more t
» Letters to the Editor eminent domain powers, it owed the property owner, Sheffield
» Columnists Development Co., for changes in the property's value, the court said.
» Special Reports
• • The appeals court upheld the lower court ruling.
Knight Ridder
Washington Bureau
- _ The city appealed the rulings to the Texas Supreme Court.
Making sense of Washington Several communities have filed briefs in support of Glenn Heights,
and the world.
> Washington Bureau including Dallas, Irving, Plano and Rowlett. The Texas Municipal
more p League and the American Planning Association have also filed briefs
supporting Glenn Heights.
Search
go If the Supreme Court upholds the decision, it would hamper the
» Search the Archives zoning and planning powers of Texas cities, said Frank Sturzl,
executive director of the Texas Municipal League.
http.//www.dfw.com/mld/dfw/news/local/4402529.htm /,� 10/30/02
Star Telegram 110/30/2002 I State's highest court to consider zoning case Page 2 of 3
Express condolences at In a court brief filed on behalf of Glenn Heights, attorney Robert
no charge. Brown of Dallas stated that the appeals court ruling was without
See Star-Telegram precedent.
obituaries4 online.
„ S_T "It is no exaggeration to say that the appellate court's ruling in this
Obituaries case sets forth one of the most radical and destructive readings of
our Texas Constitution ever rendered. ... If allowed to stand the
rezoning ruling will have a severe, adverse impact on Texas takings
jurisprudence and municipal land-use planning," he stated.
Brown said the land was still worth more than four times Sheffield's
purchase price.
On the other side, the Texas Association of Builders, the Home
Builders Association of Greater Dallas and the Texas Association of
Realtors have filed briefs supporting Sheffield.
"Reversing the court of appeals' holding ... will devastate the
residential development industry," attorney Todd Haba of Arlington
stated in a friend-of-the-court brief filed for the Texas Association of
Builders and other development groups on behalf of Sheffield.
Art Anderson of Dallas, an attorney representing Sheffield, said the
city's rezoning reduced the land's value without compensating
Sheffield for the loss.
Arguments before the Texas Supreme Court are scheduled to be
completed today. Brown and Anderson said they did not know when
the court would issue its decision.
Last year, the state Legislature considered a bill that would have
required communities to compensate owners if rezoning caused the
value of land to fall more than 25 percent.
The bill died in the final days of the 2001 session.
The measure was backed by the Texas Association of Realtors. Bill
Stinson, a lobbyist for the group, has said that he plans to push hard
for a similar bill during the 2003 legislative session that begins in
January.
John Kirsch (817) 685-3805 jkirsch@star-telegram.corn
El g
email this I print this
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http://www.dfw.com/m1d/dfw/news/local/4402529.htm 10/30/02
Ocr-1, 24,, ?IA
Telecom m. dtistry's bust sends
home foreclosures skyrocketing
S010.0.10 far Iwyood ah.I NLowl, bad almost 10 years of po,perity
Collin County takes ponfitho, h,yolrs. I/-1.1V.and it stopped.-
Persistently jobless and their sav- A.s beleaguered companies
the brunt,with figures it,gs miritt,these New Esonmoy Ins,shed workers twee the last
".et'.
Up 154%from last year h''' Pr.'"1";''
of losing their homes to tor,o- ill, rat 1.1111CS. .11105
By ANGELA SRAM sus iserceut unenolloyment rate is
Tlial pain is aeuteb telt in Col- more than three times the 1.8 per-
homer telecom CNLIMiVe Ken- 141 Comity.store to many of the cent figure reef September 2000.
chi Stevens has lost his job.Ilifs tel,..iiiiiondeations industry's klebinues reported.unemploy-
used up hissavings. brand 1101111,the area thrised client ra,of 11.1 istreed kist
Now.Ite's afraid hell lose his lire 1990.as 1110,01/11111S Ilmsled month.its high.,level ever
in to worker-gam-II et oil ipa..it,.
N:010110111C.
•We!MVO tel missed any Now,the dominion is washing erallg The number of home-
paymeots."he 1but ifs 1111111i- 00,1y S1.1110 th,we:att,.re- 00.111.0.ill 1101.1110 I 1.1100 Imme
tient this month.' mmtly created by the loam.. Louis is now at the highest'mint
For a gnoving number of North George Roddc.if tn.relosure
Texans, the peel otology bust leafing Service pit it this vs ay:"We Or FORECLOSURES Pogo,
tel
rage Thom's,Sistol,J,1.loud Ells Dallas Osman.Xnus II FROAI Ti IL FRONT PAGE
-•
Foreclosures rise with fall of telecom fortunes
aod,ar I,mr Ms of dam,,Ms"I "Pissjsk aim null for/nook It,It Ill' Ihr tit I n'rvi h.
a month , in the Issmcsr
cads 19911..In Collin The imnk foreclosed on the Ittaihrhdp.titrihent itmittlilla ititi tilial t Bit,...it......it,.
237 ISonws were imusi Woodses•home inJulg Meinjittal unemplopuent,and if:,wally hard: " ic
tor threrkmarc lag inonth.onn. The neat month,he mid,lie pajchmk. in IS172.
pared with 93 homes in Seism. had a mental breakdown and iklitiquencics rise
I,2001.a.;increase of 154 per- somas week at Parklainl Mena,.
rrrrl,
aesordiog to statistics Mau al 1 lospital.Caregiscrx dmie told tyleaderssay. km minims to psnieigate Nationalls,the residential de. slot—though dime lesels Iso•
r-,,rrrelreeoeeidclrrrgieretc. him about Samaritan Inn m Mr. "For many of MIA thew is_rr,rrr,gi,srrrr. ntowney raw—the proja.Smof reached thine during thc
Dallas County fosecknorm Kinney.On Scot_II.at 1,10 pos. .hiesol stssu to beam light at the Maned hy davadm.low atter. households behind on their mort- IONO,and mrly The....
rose tom the mom period,from he said'I svalked in mil told end of du.isomer ssid the Res mt mat,are hash, mar 100,r,lrttll Pm.m
MiSliomes to S.M.Ilia that's an in. thent.1 need " Richard ialmak at Cling glutei. Imms,Slam lanimmtwA are Ant in the scton.1 manor,ail tIsc semod quarto of IShO.
.wage of only 27,,scm mum,Alr lVmsh of PLum. dam trading,.or refioni.mg us. lom.16S i,'l,o'crirrr the hot otaar-
.A.other„rtirud, gory isnot unheard of.ommoni- hookah..II1My of then nog, Mg therm.msli to hst kJ....midi.,ill the Nlortgage NA-COLLIN
1111,iS arid.,of the
logisteeli bubble,"said Jack liar.
rig a research economist at the
Mal Estate Center at Tegas AS,h1
University."Most of these homes
ocre purchased a few years ago,
and they are mostly in the fast.
growing.highprieedsubutta.•
Through Texas booms and
busts over the last 20 years,hlr.
Stevens had held onto hisjob and
financial security,even during his
time in the energy industry.But in
April the telecom startup he
joined just two years earlier fell
victim Is the slowing economy,
and he found himself on the um
emploonent coils
Since then,the couple has ert-
en through retirement funds Is
make ends mert-Though his wife.
Kathy.has a part.thric job Si the
ltnivcrsity of Tems 5100115,.her
paycheck won),caves the$1.000
mortgagepayment
son of the end of the line,'
he saidlis•very humbling espe-
ricnce.Youdoolfeelthatyou're in
control.'
Most experts say the economy
has bottomed out and resumed
growing albeit sluggishly.But the
regiods telecom Grins hoc yet to
find a firm footing.Mired by ova.
investencnt and tomlittledemand.
dies-continue to slash payrolls.
Total technologjobs in Dallas-
Fon Words have Amok As they
Jid see.many North Texans found
themselves trappedindiechum.
Only a fraction of homes post-
ed for forecloses<actually make it
to auction at the courthosue.
SUMC011ees the kndcr and pm,
crty myna agree to new payment
terms.If thernmerhasenougheq-
uity in the house,the lender may
renegotiate the loan to help bring
the mortgage up to dale If another
arrangement owl be made,the
lendercantakthebousebackand
sell a throughabroker.
And,ingenerakthehousing
Mossy has been a ram source of Collin' County takes brunt of
U.S.eonnoinicstren4h this war.
Fleeting prosperity
Rut Collin CountyT dnunstic
surge in postings SIMMS LII.S11111e homeowners' mortgage woes
of the mini,*in the mwtheri,
tier suburbs of oxcart jean was
Owing indeed. •
"We're getting five solo phone Cunt Mod from Paw 6.1 'Ile toed I o nu&bat Luso. stay current.Priscilla and Roder-
calls a slay from Kook who haw kit Ramos of McKinney hate al.
basically become unen.ployedand Those cloy Mc.Stevens arc on Mahe flOaff hour.JAW ready resdimluled their mortgage
arc&hind in their bee I the brink of thme statistics.To October,November,ICT T1'PI'Mcd
meats;said Jeremiah Johnson. stave off foreclosure,he's plan- sion of the restaurant where 111r.
director of educational Consumer ning to meet with his lender sobt,. shit/twig/ling behjnflund Ramos works disappeared along
Credit Counseling Sessiets of "Emotionally,this has becn a with the telecom industry's for.
NorthantralTexas. „gay big struggle mc:gaid nnikingtheni lale.Ili.Kra. sum,.
Al the Community lifeline
Center in McKinney,William Mr.Stevens.who came to Tems in .sh.din,d;.,,m peigoolgrjj 'Ile used to make bonuses.
Robertson has watched his client the mid-1980s to work for an ' and he doesn't now;Ms.Ramos
load bkom.Cash-swanned home- and gascompany and emerged in. sUsl.'Last October,Nos.:miser,
owners today are seeking twice as tact from that decade's brutal re- we started getting behind and
much in mortgage assistance as cession. Priscilla Ramos of McKinney tusking limns late.We were steal-
they werelast year. Mier 11 years as a furniture in smings to pay their bilks in the Mg from Peter to pay Paul?
People who used to donate to
us arc now 00 the other side company executive,he opted for a last smen months.Plans to re- They set up a new payment
looking for help,'Me Robertson chance to be part of North TM,. model their lb-year-old home or .hodule with their mortgage
added.'For them it's usually the telecom industry.In March 2000. to Mke a long-hoped-for vacation lender,but'ear cc starting to get a
/Mt time ma that they've faced that seemed likes good idea are onsliold irrdettrriiolv. little behind again,"she naid,Ifs
mcmplopnenE and it's really ''We just ran out of time:lair, "I had wanted to take her to what keeps us up at night.Ifs
hard?
Stevens said.'Ile opportunitv for li.crrilli,he saki-Now,ice dttlt ,11,:thr,dmtrit::gtionf up when there's no-
Laid off 6 times revenues was diminishing daily." struggle.'
Since he lred his job,the Ste- Even those who are still on a
In the last two year,Ted I
Woods has been kid off from six veilseo have spent about$15,000 payroll have found it difficult to Eq....la:1.4s dallmommom
companies.lie went froincarning
580.000 Ls•telemin engineer
with a new$200.000 home in
Wylie to beingjoblooMod Wow"
hss.
In September WOO,(Mims
Network Cominunkations Inc
cut hiro looseallmsesen)can.Ile
quickly found work at World.
Com'.MCI division but wasagain
laid off inFebruary 2001.
'I lit,,had a couple of weeks'
Alla at Nodal,'=Id Mr.Woods.
theninedQvrest Cannon,
cations Tug job lasted a few
months.Mr.Woods went nal Ma
small wham service provideo
which folded inScplember2001,
By that time,he and ha wife •
hail spent most of s Roth IRA at-
coons Medics/hills of shoot
$7,000 from the difficult birth of
their mn,Christopher.arrived al
that moment.
He worked a hodgepodge of
jobs two and three at a time,in.
cludingstocking shchmat a liquor
gore.hot moklril cows...gage