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HomeMy WebLinkAboutIR 8032 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8o32 TE I. To the Mayor and Members of the City Council October 22, 1996 Page 1 of 8 u K rkax subject: City Regulations for the Platting of Subdivisions 0 lan EXECUTIVE SUMMARY Tarrant County recently rescinded a policy to require platted lots prior to the issuance of an on-site waste disposal (septic) permit. In their deliberation of the order to rescind this policy, the Commissioners Court cited disagreement with the City's subdivision regulations requiring a minimum lot size of 2.5 acres when the lot is to be served with an on-site waste disposal system. The immediate effect of the County's new policy is that development can occur in the unincorporated areas of Tarrant County without compliance with State subdivision requirements, which mandate that all property divided into tracts less than 5 acres in size be platted. Tarrant County will require only that property conform to regulations adopted by the State for installation of on-site waste disposal systems and private wells. Generally, these regulations require 0.5 acre for an on-site waste disposal system and 1 acre for both a private well and on-site waste disposal system and do not address the need for a platted lot. The City's subdivision regulations are adopted by the City Council after receiving a recommendation from the Plan Commission. As determined by State law, the City's Plan Commission is the municipal authority responsible for approving all plats within the City's platting jurisdiction (the corporate limits and area within a 5 mile radius of the corporate limits referred to as the extraterritorial jurisdiction or ETJ). The Plan Commissions' discretion is limited since State law requires that plats that meet the subdivision requirements of the City must be approved. All plats in the unincorporated areas of Tarrant County must also be approved by the Tarrant County Commissioners Court. In formulating a response to the County's action, several factors should be considered by the City: • Mechanisms for ensuring compliance with State regulations for platting property in the unincorporated areas of the County; • Provisions of adequate infrastructure (including wastewater disposal) for developing areas in the unincorporated areas of the County realizing that these areas may be annexed into corporate limits in the future; • Legal authority for the City to impose minimum lot standards o ,,ECUR CITY [ ' " ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8032 cT�a�o October 22, 1996 oar To the Mayor and Members of the City Council fij� Page 2 of 8 'R= s Subject: City Regulations for the Platting of Subdivisions ,an subdivision regulations. The following report provides more detail concerning these issues and outlines staff recommendation for action. BACKGROUND The Texas Local Government Code requires that all property divided into parcels less than five acres in size must be platted. Property within a five mile radius of Fort Worth's city limits (referred to as the City's extraterritorial jurisdiction, or ETJ) must be platted according to the subdivision regulations of the City. These plats require approval by the City Plan Commission and the Tarrant County Commissioners Court. Since neither the City nor the County have the authority to issue building permits in the ETJ, there are limited means to enforce the State- mandated platting process. Since April, 1993 the County has maintained a policy that requires a platted lot prior to issuing a septic permit, thus providing a mechanism to ensure that property is platted in conformance with State requirements. This policy was rescinded by action of the Commissioners Court on September 24, 1996 with the result that the County no longer requires proof of a platted lot prior to issuing a septic permit. This action effectively removes much of the incentive for owners to plat their property in conformance with State requirements. The issue driving the County's rescission of the policy requiring a platted lot in order to issue a septic permit was the City's platting requirements for rural type lots, especially the requirement for a rural lot to be a minimum size of 2.5 acres. The Plan Commission Rules and Regulations (adopted by the Mayor and Council) allow two types of platted lots: urban and rural. The urban lot is the traditional type of platted lot marked by moderate to high density and infrastructure improvements that include curbed streets, a storm water drainage system, connections to a water main, and a collective sewer system. The second type of platted lot,:the rural lot, is characterized by low density and minimum ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS API INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8032 &,_0TENto October 22, 1996 o+ +rw To the Mayor and Members of the City Council Page 3 of 8 * rr Subject: City Regulations for the Platting of Subdivisions 1873 infrastructure improvements. Streets are not necessarily constructed with curbs or storm water systems, water service may be provided by private wells, and there may be no provision for connection to a sewer system, requiring the installation of on-site disposal for waste water (septic systems). This dual system of development standards was adopted in July 1991, after the City experienced a significant increase in the type and character of development occurring throughout the City's platting jurisdiction, both in and out of the City limits. Prior to 1991, the subdivision regulations made no distinction of the type of lot platted. During the late 1980's and early 1990's, plats consisting of 200 to 300 lots for single family residential developments were submitted for approval by the Plan Commission. Many of these developments were proposed for urban-type densities, but with rural type improvements, including on-site waste disposal systems. Some of these proposed subdivisions generated opposition from adjacent land owners who voiced concerns at public hearings concerning the viability of the use of on-site waste disposal given the proposed lot density. These adjacent land owners testified that their own experience with on-site systems indicated that poor performance would also occur in the proposed developments. The plats were denied based on insufficient evidence for the appropriate provision of wastewater disposal. The opposition to these proposed plats came from County residents living in the unincorporated areas. In response to the concerns raised regarding moderate to high density subdivisions served by on-site waste disposal, the Plan Commission held a series of public hearings specifically to consider the adoption of standards for rural type subdivisions. Although wastewater disposal was a significant concern, other important issues centered on street construction design criteria and other infrastructure issues. After these public hearings, the current rural lot policy was adopted. The City's large lot regulations may be summarized as follows: • This policy applies both inside and outside the City limits; Mini 1�f JWL size is 2.5 acres; Use of alternate water and wastewater disposal s s s ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS J INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8032 To the Mayor and Members of the City Council October 1996 Page 4 of 8 a�� x >• • subject: City Regulations for the Platting of Subdivisions (private wells and on-site or septic systems) may be approved by the Plan Commission. Alternate systems may also include private, collective water and wastewater systems; • Streets - Streets are required to meet County, not City, standards; • Storm water - Drainage may be provided by open channel; • Parkland - No parkland dedication requirements are in effect for plats in the ETJ. In October 1992, the Plan Commission denied a variance to allow lots less than 2.5 acres in size for a proposed subdivision called Lake Ridge Addition. Opposition to the variance was expressed by County residents representing the Benbrook Lakeshore Homeowners' Association. The City is currently involved in litigation with the owner of this subdivision as to whether or not the City had the authority to require the minimum lot size of 2.5 acres. On April 27, 1993 the Tarrant County Commissioner's Court adopted Order No. 68829 requiring compliance with the subdivision regulations of the City with platting jurisdiction in the unincorporated area of the ETJ prior to issuing an on-site waste disposal permit. It is the minimum lot size requirement that has resulted in the recent rescission of the County's policy to require platted lots prior to issuance of septic permits, with the indication that County officials believe the lot size to be excessive. The County now enforces only the State regulations adopted by the Texas Natural Resource Conservation Commission on March 1, 1992. These regulations require the following for issuance of a septic permit: 1. A minimum lot size of.5 acres for property served by a public water supply; 2. A minimum lot size of 1 acre for property that is served by an individual private water well; 3. An exception to the above minimums based on an approved site- specific design submitted by a registered professional engineer or a registered professional sanitarian. ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8032 G'" TEpFo October 22, 1996 uU:,. To the Mayor and Members of the City Council Page S of 8 subject: City Regulations for the Platting of Subdivisions ,971 The exception noted does allow areas less than .S acre in size to be permitted for on-site waste disposal. DISCUSSION The following discussion centers on the issues associated with the possible revision of the City's minimum lot size requirements for rural subdivisions. Public Health Significance Failure of a septic system in a highly populated area is a fundamental cause of public health hazards. Sewage contains bacteria and viruses that may cause disease. Properly treated sewage prevents these harmful organisms from: 1) entering the air we breath; 2) coming into contact with humans, pets, animals, and insects; and 3) polluting the groundwater and potentially contaminating drinking water supplies. When many people live in the vicinity, concern increases over the spread of disease. Sewage systems using soil absorption for liquid waste disposal are more likely to malfunction in high density situations because the soil available to absorb the liquid waste is limited. Because of these health concerns, the State has established regulations to control the installation of on-site waste disposal systems and private water wells. These regulations, however, may be supplemented by local ordinance. Cities or Counties may not require less than the minimum requirements, but may establish standards which will produce a higher quality of operation based on sound engineering principles. At this time, neither Tarrant County nor Fort Worth have enacted regulations to supplement the State requirements. Development-Related Issues The County's response to the City's rural lot size requirements focuses only on the provision of septic systems, since the County has permitting responibllit for­ these systems. However, the City's minimum lot size requirements r t of� w 1 ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8032 TEa�o October 22, 1996 To the Mayor and Members of the City Council �, Page 6 of 8 .' X City Regulations for the platting of Subdivisions 1873 network of regulations designed to accommodate rural type-development. Since platting requirements are the City's prerogative in our ETJ by State law, these requirements set the standards for the development of land that may someday be annexed into the City limits. The basic premise of mandating large lot sizes for subdivisions that are served by "rural-style" infrastructure is that these types of streets, drainage, and water and wastewater systems do not function effectively with high levels of use. The regulations allow a lower level of infrastructure services in accordance with lower levels of demand and use of these systems. This provides an economically feasible means to develop when low density is desired. The regulations also help to ensure that if these areas are annexed in the fixture, the City does not "inherit" areas where infrastructure has been insufficient and requires tax dollars to upgrade existing systems. ;,, Although the County Commissioners' current concerns center on the minimum lot size, future concerns could focus on other aspects of the City's subdivision regulations. From a development viewpoint, the critical factor is that development in the City's ETJ occur within the platting process as required by State law. This is the only way to provide for orderly provision of necessary infrastructure in those areas. Any policy enacted by the City or County that may provide a disincentive to platting and allow development based on a metes and bounds division of property is not in the interest of either jurisdiction. Legal Issues State law provides that a municipality may not impose zoning regulations in the ETJ, such as regulations governing use, building size and height, or floor to area ratios. In addition, a municipality may not regulate "the number of residential units that can be built per acre of land." A question posed by the Commissioners Court is whether the City has the authority to establish a minimum lot size regulation for rural subdivisions. "ON ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8032 eEtq.rER October 22, 1996 To the Mayor and Members of the City Council page 7 of8 Subject: City Regulations for the Platting of Subdivisions 1871 It is staff's position that establishment of regulations concerning minimum lot sizes is an inherent part,of establishing rules governing plats and subdivisions, so that the 2.5 acre regulation is valid so long as it promotes the health, safety or general welfare of the City and safe, orderly and healthful development. If the City is not allowed to establish minimum lot sizes for residential developments because they would constitute a regulation of the number of residential units that can be built on an acre of land, then the City would not be able to impose meaningful subdivision rules for residential developments in the ETJ. Policy Alternatives Several policy alternatives are available to the City. The Council may wish to refer discussion of these alternatives to the appropriate Council committee. 1. Consider adoption of a reduced lot size requirement for rural subdivisions. This alternative is offered in response to the concerns expressed by the County. It should be realized, however, that consideration of the minimum lot size requirement does not address the basic issue of enforcement of State platting requirements in the ETJ. 2. Maintain the existing regulations with the assumption that the County will maintain its newly adopted policy. This will effectively mean that there will be very little incentive for land in the City's ETJ to be platted prior to development. If this policy is considered, alternative mechanisms for enforcement of the State's platting regulations should be sought. RECOMMENDATION Based on the desire of the Council or Council committee to pursue alternative one, the following recommendations are offered: 1. Direct the Plan Commission to conduct public hearings and consider t „„...... � amendment of the City's regulations regarding rural subdivisi r9flonotlic WORTIV ISSUED BY THE CITY MANAGER FO ' ''FORTH,TEXAS- ___ INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8032 'T October 22, 1996 To the Mayor and Members of the City Council Page 8 of subject: City Regulations for the Platting of Subdivisions re» 2. Direct the Law Department to research mechanisms for enforcement of the State's atting regulations in the ETJ. Bob Terrell City Manager l ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS