Title
Ordinance - First and Final Reading of an Ordinance Approving Amendments of the Subdivision Control Ordinance Amending the Regulations in Section 2.04(D), “Final Plat”, Section 2.06(A)(2) and (B), “Replats”, Section 3.09, “Methods of Approval”, and Section 10, Subsection N, “Screening” (OA#23-009)
Requested Action
To consider the proposed text amendment
Recommendation
The Department of Planning and Development Services recommends approval of the text amendments to the provisions in Chapter 155 of the City of Mansfield Code of Ordinances as presented.
Description/History
The proposed amendments are intended to clarify the documents required with a plat application, bring the Subdivision Control Ordinance in line with the requirements of a new state law regarding plat approval, and revise the requirements related to subdivision screening walls.
Section 2.04(D), “Final Plat”
One of the requirements of a plat application is construction plans for public infrastructure for paving, utilities and drainage. As a component of these plans, the City also requires construction plans for community improvements within a subdivision. Community improvements are common features in a subdivision such as landscaping, entry features, including enhanced pavement, sidewalks, screening walls or devices, street trees, tree wells, and other amenities to be maintained by the homeowners association. Under the current ordinance, Community Improvement Plans are not specifically listed as a requirement for a plat application. The proposed amendment to Section 2.04(D) will add Community Improvement Plans as a requirement element for plat applications.
Section 2.06(A)(2) and (B), “Replats”
The proposed amendment to Section 2.06 revises the notification requirements for replats to accommodate administrative approval. Under the current regulations, a public hearing with notice must be held by the Planning and Zoning Commission on certain residential replats. State law now provides an alternative to the notification requirements that eliminates the need for a public hearing. By incorporating this provision into the ordinance, the administratively approval of replats will be facilitated.
Section 3.09, “Methods of Approval”
House Bill 3699 took effect on September 1, 2023. Under the provisions of this law, all plats, except residential replats with a variance that require a public hearing, plats for subdivisions with private streets, and plat vacations, may be administratively approved by the Director of Planning in place of the Planning and Zoning Commission. The proposed amendment to Section 3.09 will authorize administrative approval of plats. Should the Director of Planning deny a plat, the applicant may appeal the decision to the Planning and Zoning Commission.
Section 10, Sub-Section N, “Screening”
In response to compliance concerns with the long-term maintenance of subdivision screening walls, and to facilitate new design standards and connectivity, the proposed amendment will accomplish the following:
• Eliminate subdivision screening requirements along street frontages for new developments after October 31, 2023. Development existing prior to October 31, 2023, will continue to be under the prior screening regulations.
• Discourage the use of screening walls or devices in mixed-use developments or areas where compatible residential and commercial uses may co-exist.
• Provide a process where a developer may submit a request to the Director of Planning for a voluntary screening wall or device. If the request is denied, an appeal may be made to the City Council.
• Provide for the Department of Regulatory Compliance to determine whether repair or maintenance of screening walls or devices is necessary.
Prepared By
Art Wright, AICP
Principal Planner
817-276-4226