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