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HomeMy WebLinkAbout1976-0997 - Ordinance - 01/22/1976r ORDINANCE NO. 997 AN ORDINANCE AMENDING ORDINANCE NO. 690, THE SUBDIVISION ORDINANCE, BY REQUIRING THAT BOTH THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION APPROVE SUBDIVISION PLATS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City Council has determined that the subdivision and development of land in general commits the City to expenditure of funds, such expenditures being the responsibility of the City Council, and WHEREAS, the City Council has determined that approval of subdivision plats should be a function of the City Council, NOW, THEREFORE; Ordinance No. 690, is hereby amended as follows: Section 5 shall be amended to read: 5-A. The Council and the Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Council and Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings herein before required, the Council and Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon the public health, convenience and welfare of the vicinity. No variance shall be granted unless the Council and the Commission find: 5-A.1. That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this ordinance will 14 deprive the applicant of the reasonable use of his land, and 5-A.2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, and 5-A.3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area, or to the city in administering this ordinance, and 5-A.4. That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. 5-B. Such findings of the Commission, together with the specific facts upon which such findings are based, and such findings of the Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that public health, safety and welfare may be secured and substantial justice done. Section 6-A shall be amended to read: 6-A. General. The procedure for review and approval of a subdivision plat consists of five steps: The subdivider shall first have a pre -submission conference with the City Planner, Public Works personnel and liaison members from the Commission and from the Council. The second step is the preparation and submission to the Commission of a preliminary plat of the proposed subdivision. The third step is the consideration of the preliminary plat by the City Council. The fourth step is the preparation, submission and approval by the Commission of a final plat together with the required ORDINANCE NO. 997 Page 2 certificates and data. The fifth step is the consideration and approval by the Council of the final plat. If favorable action has been taken by the Council, the final plat becomes the instrument to be recorded in the office of the County Clerk when duly signed by the Chairman of the Commission and the Mayor. The construction documents when duly signed by the City Engineer are authority to proceed with the construction of streets and utilities. Nothing in this procedure authorizes construction on private property. Section 6-B shall be amended to read: 6-B. Pre -submission Conference. Prior to any conference with the Commission or Council, the subdivider shall have familiarized himself with the subdivision regulations and the zoning ordinance, and shall request a Pre -submission Conference. The City Planner shall arrange a date and time for the Conference, to be during business hours at the City Hall, and to be held within ten (10) working days of the date of the request. The subdivider shall bring to this conference a city map with the proposed subdivision marked thereon, and drawings showing the limits of the subdivision, tenta- tive street layouts, means of egress, access, and a general scheme of lot layout, utility service, and drainage provisions. He shall be prepared to discuss its conformity with the Master Plan of the City. Section 6-C.7.4 shall be amended to read: 6-C.7.4 Within thirty (30) days after the Preliminary Plat is formally filed with the City, the Commission shall approve or disapprove or conditionally approve the plat with modifications. Upon approval or conditional approval by the Commission, the City Planner shall forward the plat, minutes or reports, and findings of the Commission to the Council for approval or disapproval. Section 6-C.7.5 shall be amended to read: 6-C.7.5 The City Council, at its first regular meeting held at least seven (7) days after the Commissions action, shall consider the plat and shall approve, or disapprove such plat or conditionally approve such plat with modifications. Following formal action by the Council, the City Planner will transmit to the subdivider one copy of the plat marked "Approved", "Disapproved" or "Conditionally Approved" with the conditions stated on the plat. Approval or Conditional Approval will be the authority to proceed with the preparation of the Final Plat but does not constitute acceptance of the final plat. Section 6-D.1 shall be amended to read: 6-D.1 General: The Final Plat shall conform to the Preliminary Plat as approved by the Commission and the Council and if desired by the subdivider, it may be a portion of a Master Preliminary Plat as authorized in 6-C.7.8 above, provided it incorporates all changes, modification, alterations, corrections and conditions imposed by the Commission and the Council, and provided further that it conforms to all requirements of these regulations. Section 6-D.4.2.4 shall be amended to read: 6-D.4.2.4, The following certificates shall appear on the face of the plat (see samples in Appendix A attached). Certificate of Ownership and Dedication. Certificate of Surveyor and/or Engineer. Certificate of City Engineer. 026Z7 Approval of Commission. ORDINANCE NO. 997 Page 3 N. Approval of Council. Certificate of the County Clerk. Section 6-D.5.2 shall be amended to read: 6-D.5.2 Within 30 days after the Final Plat is formally filed, the Commission shall recommend to the Council approval, disapproval or conditional approval of such plat. The City Planner shall forward the plat and the minutes or report of findings of the Commission to the City Council. Add a new section 6-D.5.2.1 as follows: 6-D.5.2.1 The City Council, at its first regular meeting held at least seven (7) days after the Commission's action, shall consider the plat and the recommendations of the Commission and shall approve or disapprove such plat, or conditionally approve with modifications. Following formal approval by the Council, the Mayor shall be authorized to sign the plat after any required modification is made. Should the plat be disapproved, the subdivider shall be notified in writing of the disapproval and the reasons therefore as stated in the Minutes of the Council. Appendix "A" shall be amended by the addition of the following: APPROVAL OF THE CITY COUNCIL: The attached plat was approved by the City Council of the City of College Station on , 19_, and conforms to the con- ditions and requirements imposed by the City of College Station. Mayor ATTEST: City Secretary Provisions of Ordinance No. 690, Ordinance No. 899, Ordinance No. 984 and other ordinances amending Ordinance No. 690 which may be in conflict with the pro- visions of this ordinance are hereby repealed to the extent necessary to give this ordinance full force and effect. PASSED AND APPROVED, this 22nd f ATTEST City.Secretary day of January , 1976. APPROVED Mayor