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HomeMy WebLinkAboutItem 10 - FP Hidden Lake Estates (2)9726507105 Nov -'19-02 04:20pm From -Boyle & Lowry 9726507105 T-203 P.002/003 F-642 I �0 BOYLE & LOWRY L.L.P. ATTORNEY $ AND COUNSELORS 4201 WINGREN, SUITE 108 MEMO IRVING, TEXAS 75062 t (972)660-7100 telephone (972)650-7105 telecopier www.boyle•lowTy.com DATE: November 19, 2002 TO: Jerry Hodge, Director of Public Works Via Fax: 817410-3003 Stan Laster, Chief Engineer Via Fax: 817-410-3003 Bruno Rumbelow, Assistant City Manager Via Fac: 817-410-3002 FROM: John F. Boyle, Jr., City Attorney RE: Replat of Lot 32 R, Block 2, Hidden Lake Estates Phase Two It is my understanding that the above described replat of Lot 32 R, Block 2, Hidden Lake .Estates, into two (2) lots, Lots 32 R and 32 R2, will be heard by the Planning and Zoning Commission and City Council. It is my further understanding that the replat complies with all City ordinances and that no variances are being sought. The Hidden Lakes Estates Subdivision is zoned R-7.5. Questions have arisen relative to the calling of a public hearing, a petition in opposition and the legal standard that the Planning and Zoning Commission will need to apply - The legal procedure for the filing of a replat and having it reviewed and approved I is found in Chapter 212 of the Texas Local Government Code (the Code). The Code governs over any inconsistent provisions in the Grapevine Code of Ordinances. Replats are governed by Sections 212.013 through 212.016. Section 212.014 authorizes approval of replat that meets the following criteria: Signed by owner of property being replatted. 2. Public hearing conducted. 3. Does not attempt to amend or remove any covenants or restrictions. The proposed plat meets these criteria. A majority vote of the Planning; and Zoning Conunission and the City Counsel are required to approve..A, petition does not result in requiring a B/4 overrule vote. Consideration of a subdivision plat is a ministerial function. If the plat satisfies all City Ordinances, it is required to be approved. 9726507105 a Nov -19-02 04:20Rm From -Boyle & Lowry 9726507105 Jerry Hodge, Director of Public Works Stan Laster, Chief Engineer Bruno Rumbelow Novefnber 19, 2002 Page 2 T-203 P.003/003 F-642 The other provisions of the Texas Local Government Code dealing with subdivision plats are not applicable. Section 212.013 covers the complete vacating of a plat; Section. 212.0145 - platted area owned by non-profit corporation established to assist children in at -risk situation; Section 212.015 covers lots either zoned or restricted to not more than two (2) residential units per acre; Section 212.015 authorizes changes without having a hearing to correct scrivener's errors. Conflicts of interest relative to subdivision plats are governed by Section 212.017, Texas Local Government Cade, Chapter 573, Texas Government Code, and Chapter 171, Texas Local Government Code. An elected official is deemed to have a substantial interest in property if the owner is related within the first degree of consanguinity (birth) or affinity (marriage). Example: parent and child are first degree; great grandparent and great grandson are within the third degree - An aunt, whether related by consanguinity or affinity, is not within the first degree: I If there are any questions, please advise. II:\Boyle-LotiveylGrapevine\gv-pints\gv-plat lot 32 hidden Lake estates rcplat 11-19-02 bodge, faster, rumbelow.doc