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
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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
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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:
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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