[1]
Editor’s note–Former section 12.05.003 pertaining to the preliminary plan procedure and deriving from Ordinance CO42-07-07-12-3I adopted 7/12/07, was deleted in its entirety by Ordinance CO10-15-01-08-C1 adopted 1/8/15. The remaining sections of this article have been renumbered at the editor's discretion.
A preliminary plan is required if a property is being subdivided into five (5) or more lots or right-of-way dedication with roadway improvements is required. The purpose is to present a detailed layout of the proposed subdivision in order to facilitate a review by the Planning and Zoning Commission of the proposed subdivision’s street and drainage system, easements, utilities, building lots, and other lots including parkland. Preliminary plans are submitted for approval prior to the approval of a final plat unless meeting the requirements of a short form final plat as provided for in this chapter. A final plat (short form final) may be approved without a preliminary plan if each lot abuts an existing dedicated public street with a minimum of fifty (50) feet of public frontage and the director determines that:
(1) 
A new street or an extension of a street is not necessary to provide adequate traffic circulation;
(2) 
The applicant has dedicated additional right-of-way necessary to provide adequate street width for an existing street abutting a lot; and
(3) 
Drainage facilities are not necessary to prevent flooding, or if necessary, the applicant has arranged for the construction of drainage facilities; and
(4) 
Adequate utilities are available to serve the tract or the applicant has made arrangements for the extension of public utilities to serve the tract.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
Required preliminary plan information:
(1) 
The preliminary plan shall consist of a drawing on tracing paper or Mylar, drawn to a scale of one hundred (100) feet to one (1) inch. If the subdivision layout exceeds one sheet, it shall be accompanied by an overall layout sized to fit on a 22-inch by 34-inch sheet.
(2) 
The date, scale and north point, a key plan showing the location of the tract, the title under which the plan is to be recorded and the name of the owner, engineer or surveyor.
(3) 
The existing boundary lines and acreage of the land to be subdivided and the property lines and names and addresses of owners of adjacent properties.
(4) 
The location of the centerline of existing watercourses, railroads and other similar drainage and transportation features and the location and sizes of existing streets, alleys, easements, lots and public areas on or adjoining any part of the land.
(5) 
Topographical information approximately equivalent to, or better than, five (5) foot contour lines, such contour lines to be not more than one hundred (100) horizontal feet apart and based on North Atlantic datum 1983, which shall be specified on the plat. Such topographical information, locations and dimensions shall be of sufficient accuracy as to permit the planning of water lines, sanitary sewer lines, storm drainage facilities, streets and other proposed improvements.
(6) 
The location, size and flow line of all existing drainage structures on the land being subdivided and on adjoining tracts.
(7) 
The names, locations, widths and dimensions of proposed streets, alleys, easements, parks and other public spaces, sites for all private uses other than single-family dwellings, lot lines and building lines.
(8) 
All information necessary to demonstrate compliance with driveway and/or street intersection spacing rules of the Criteria Manual.
(9) 
The location of all existing structures, with a light dashed line and labeled.
(10) 
Limits of 100-year floodplain as identified per FEMA.
(11) 
A plan that indicates the availability of utilities, streets and drainage to the tract or identifies the availability of extensions of utilities, streets and drainage necessary to serve the tract.
(12) 
Sidewalk locations and widths.
(13) 
Fence locations.
(14) 
Tree survey indicating all protected trees. See Article 12.23 for definition of protected trees.
(15) 
A letter of intent for parkland dedication.
(16) 
A letter from Williamson County 911 addressing division indicating street name approval.
(17) 
If applicable, a City-approved TIA pursuant to the requirements of Chapter 16, Article 16.04.
(18) 
Additional information necessary to demonstrate compliance with this Chapter.
(19) 
An electronic copy of the preliminary plan.
(20) 
All other application requirements specified in the preliminary plan application/checklist.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
The Planning and Zoning Commission shall act on the request for preliminary plan approval.
(1) 
Upon approval of the preliminary plan, the applicant shall furnish one (1) copy of the approved plan to be kept on file at the city as public record.
(2) 
Preliminary plan approval does not ensure approval of a final plat failing to meet specific requirements of this chapter, and approval does not comprise any vesting of development rights or any assurance that permits of any kind will be issued.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
Upon disapproval of the preliminary plan, the preliminary plan is invalid and the applicant shall begin the subdivision approval process again, including paying all of the fees associated with this process.
(Ordinance CO10-15-01-08-C1 adopted 1/8/15)
(a) 
The approved preliminary plan shall expire two (2) years from the date such permit was approved if no progress has been made towards completion of the project, pursuant to section 245.005 of the Texas Local Government Code, as amended.
(b) 
If a preliminary plan expires, it may be reinstated only upon resubmittal of the unaltered, approved plat to the Planning and Zoning Commission. All new fees shall be paid as if the plat were initially being submitted.
(c) 
Should a final plat apply to only a portion of the land governed by the preliminary plan, the preliminary plan governing the remaining portion of the land shall expire after two (2) years pursuant to the Texas Local Government Code section 245.005, as amended.
(Ordinance CO10-15-01-08-C1 adopted 1/8/15)
The applicant may apply for an extension, in writing no less than thirty (30) days prior to the expiration of a preliminary plan, stating reasons for needing the extension and demonstrating pursuit of approvals for final plat in accordance with this chapter. Upon receipt of this written request, the Planning and Zoning Commission shall grant a two (2) year extension so long as the preliminary plan remains consistent with the current Cedar Park Code of Ordinances.
(Ordinance CO10-15-01-08-C1 adopted 1/8/15)
The Director of Development Services may approve a minor change from an approved preliminary plan if the director determines that the minor change complies with the requirements of this section. An applicant shall identify the proposed minor deviation on a copy of the preliminary plan submitted to the director. A formal application is not required.
(1) 
A minor deviation may not:
(A) 
Remove a property restriction or subdivision note;
(B) 
Modify a variance;
(C) 
Change an easement, except with the director’s approval;
(D) 
Increase impervious cover;
(E) 
Modify a landscape easement, common area, green space, or other open space shown on the preliminary plan;
(F) 
Affect property outside the proposed plat;
(G) 
Increase the number of lots;
(H) 
Change the use of a lot; or
(I) 
Change the basic street layout.
(2) 
Except as provided in subsection 12.05.007(1), a minor change may include:
(A) 
Change in lot size or configuration;
(B) 
Change in street width or alignment or name; or
(C) 
Change in a utility or access easement.
(3) 
The director may approve a minor revision to an approved preliminary plan if the director determines that the minor revision complies with the requirements of this section. An applicant shall request a minor revision in an application submitted to the director.
(4) 
A minor revision may not:
(A) 
Remove a property restriction or subdivision note;
(B) 
Modify a variance;
(C) 
Change an easement, except with the director’s approval;
(D) 
Increase impervious cover;
(E) 
Modify a landscape easement, common area, green space, or other open space shown on the preliminary plan;
(F) 
Affect property outside the preliminary plan; or
(G) 
Increase the number of dwelling units.
(5) 
Except as provided in subsection (3)(4) [subsection (4)], a minor revision may:
(A) 
Include a minor deviation;
(B) 
Change the street layout;
(C) 
Increase in the number of lots; or
(D) 
Modify a subdivision to accommodate a change in use resulting from rezoning or land acquisition through eminent domain.
(6) 
The Director of Development Services may determine that other changes similar in scope and effect to those described in subsection (3)(5) [subsection (5)] are minor revisions.
(7) 
The Director of Development Services shall provide the Planning and Zoning Commission with an approved minor deviation or minor revision before the Planning and Zoning Commission considers approval of any plat.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)