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Ord 157 Amending Regulating Subdivision of land Sections 3.2 and 10.1; IBM ComplexORDINANCE 010. _1-'5-7 AM ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDIWR ORDINANCE NO. r SECTION T AND SECTION 10- t TO PERMIT THE I\LI. lub LA mr{E?`_z3l r�u .�.rE �l Y _''i ISSUANCE OF BUILDING PERMITS PRIOR TO THE APPROVAL OF FINAL PLATS IN SITUATIONS WHERE A LARGE PROJECT INVOLVING A TRACT OF !_{=ND OF JtMg r OR MORE ACRES IS BEING DEVELOPED; PROVIDING A SEVERABILI T`f CLAUSE AND DECLARING AN EFFECTIVE DATE: WHEREAS, the !BM-Magi_iire'Thofnas Partnership cans acreage Westlake, Texas in e};Ce-S Of 40'c' ecr-C--. situated i n the oo-#rt of '�__ �'` and is starting construction and development of such acreage Pursuant uant to a master' pian for the entire acreage; and WHEREAS,the current ordinances of the Town of Westia+-:e prohibit the issuance Of building permits until a final plat's approved by the 'Toan A oh + b w the final plat shall be approved, the publicimpr o ement br �.ry rGur€u to F_,J `rer lite cost Of such improvements shall be posted; WHEREAS, the size and scope of v large project should be exempted from the current el_€`Jdivision regulations of the Town of t•31e=.tlaE:-e, for the p`-:Lrl1- improvements arC�'' r' ratheextensive and 1i � is improper to require a development to wait on the completion Of thep F_. ':DISC improvements prior to commencing __instruction on the building ORDAINED THE NOW, THEREFORE, bE IT O L` 3 � Y THE BOARD IF ALDERMEN OF TOWN OF WESTLAKE, TEXAS= PART 1. That the current subdivision ordinance of the Town Of W%stt ak=, Texan, ordinance 4l� 106, is hereby amended by amending _ Section ill. Application by amending Section 0. and ,.mending 3 Ey amending Sec -tion 1 " to Section Required Improvements. read as follows_ "SECTION II_. APPLICATION "3.2 The Town Secretary ''hall not issue building or repair r.f=- u in sub- permits for any structure Cr- par""! Ofwand -_ file 6_._ JeC's: isubdivisionhas y i)i ::l si dl�p division unless: _ by the Town Cou"cil and a. plat as approved rpre- approved ,_`-" Council � e recorded in the manner 're- :-'ac E°`eei'F T Com- LICd _:fC LutenL3.3 sc. ' :1 a appropriate resolution harem, -('I t ...FS f Ci dC-f scribed _ by authorizing such subdivision '_ been adopted Council. Building per Fmif _. MY be issued e en though CIA JL atisfied if the C2S sbo,ehasnot L:C='.r development consists Of a master plan development - ilei or more ..nd a preliminary by the Town Council' plaE or plats have been approved . �lat _- u- are issued prior ilii >_f_ki ir:� p�r _ tiFe _.;✓tiit OF (2) beingsatisfied, a certificate of occupant'-' for the building(s)s3 will not the issued until all re - #i platting and public improvement Outr ed p^a.tting cunsfruction has bee" completed.'' "SECTION X. REQUIRED IMPROVEMENTS _. I Priol to the granting of .mortal plat approval, the subdivider - - have installed the required improve- ments, at shall have guaranteed their future i,=_. -_a_- _o.ti_n tom. p' oviding a bond to the TO€ N in an amount equal to one hundred ten percent (110% of the total '-oEt of all required improvements, as estimated by the Town Engineer. in the event c:ul_di.^.g i_=er€Tsit=. are issued pursuant to the exception contained in Section _.i prior c:the approval the Sir? -al plat, no Certificate . U., building(s)g{s. untila.e-final plat is approved or the cc:u.ncLil `adopts a resolution approving such PART2. if any provision, n, section, subsection, sentence, clause c.0 Phrase of this ordinance, or the application of same to any person or ___ of circumstances is for any reason held to to unconstitutional, void, or invalid, the invalidity of the remaining portions of this ordinance shallnot, be affected thereby, it being the intent of the Board of Aldermen in adapting thi=_, ordinance that no portion thereof provisions, `�..__... _�. - l---_r:r OP' '-ob'i 51 DIES ... Y regulations contained her' -sir-:, shall become inoperative or fail by reason of any unconstitutionality of portion � - any rz'=E"=.Gr � 'ti ors h3et E�oY a.r;G all provisions of the ordinance are declared to be severable for- that otia.t purpose. PART 1That this ordinance shall become effectiveupon F. passage �._ eie_�Lson Githe Mayor lE accordance with law. PASSED AND APPROVED THIS ARD DAY OF NOVEMBER, 1956. u':~:LE WHITE, 11.'-hYDR .iWley` OF WESTLAVE, TEXAS ATTEST - ,C. 'tE;ro- :.: f�.-- �nt WHITE, TU's-#h-k SECRETARY APPROVED AS TO LEGAL FORM; FAA C. !SHAM, TOWN ... OR_NET METROPLEX ENGINEERING CORPORATION ENGINEERING • LAND PLANNING • SURVEYING STANFORD "BUD" HAUPTMANN, P.E., RPS, PRESIDENT 30 September 1986 Honorable Dale L. White Mayor, TOWN OF WESTLAKE Route 1, Box 501 Roanoke, TX 76262 Re: IBM Resolution Request Time Sequencing of Building Permits Mayor White: 86-0204.17 It has come to our attention that the IBM project team would like the Town Council's consideration on adopting an appropriate resolution which would modify the requirements outlined in the current subdivision ordinance (No. 106) pertaining to building permits. The following sections of the ordinance apply to this request: SECTION III. APPLICATION 3.2 The Town Secretary shall not issue building or repair permits for any structure or parcel of land in a subdivision unless: (1) the subdivision has been approved by the Town Council and a plat as approved by the Council has been recorded in the manner prescribed herein, or (2) an appropriate resolution authorizing such subdivision has been adopted by the Council. SECTION X. REQUIRED IMPROVEMENTS 10.1 Prior to the granting of final plat approval, the subdivider shall have installed the required improvements, or shall have guaranteed their future installation by providing a bond to the TOWN in an amount equal to one hundred ten percent (110%) of the total cost of all required improvements, as estimated by the Town Engineer. These provisions in the subdivision ordinance would require an approved final plat with completed public improvements (or a 110% bond surety to the TOWN for their construction) prior to the issuance of any building permits. Similar requirements are typically found in most other cities' subdivision regulations. They are specifically designed to protect future lot owners from purchasing a subdivided tract and building a structure on it prior to the developer completing the platting and construction of public improvements necessary to serve the subdivision. In the particular case of the IBM-Maguire/Thomas partnerhsip, the Council may feel that such protection is not necessary. 1123 FORT WORTH DRIVE • DENTON, TEXAS 76205 • [9171383-1416 • METRO 430-9652 2SO SOUTH STEMMONS • SUITE 300 • LEWISVILLE, TEXAS 75067 • (2141221-241B Mayor White 30 September 1986 page 2 Because of the size and scope of the project and the relatively short construction schedule, the IBM project team proposes to submit applications for building permits and begin construction on the building foundations in the near future. Their desired project sequencing would allow for the construction of the multistory buildings concurrently with the necessary public improvements (roads, storm drainage, utilities). All of this construction would be under the Town's normal permitting review and field inspection control. In addition, it would be in conformance with the approved comprehensive site plan. Based upon the size and scope of this particular project and developer -owner partnership arrangement, we do not see a potential problem with this request. If you have any questions concerning this issue, please contact me at your earliest convenience. Sincerely, tmann, ISE., R.P.S. President METROPLEX ENGINEERING CORPORATION SH/sm cc: Norm Aspis Maguire/Thomas Partners 5215 North O'Connor Blvd., Ste. 200 Irving, TX 75039 Jack Nottingham Harwood K. Smith & Partners 1111 Plaza of the Americas North LB 307 Dallas, TX 75201 Jim Williams Carter & Burgess, Inc. 1100 Macon Street Fort Worth, TX 76113