[1]
Editor’s note–Former sections 10.03.049–10.03.050
pertaining to the expiration of final plat approval and nonresidential
property and deriving from Ordinance 2006-07-00567, sec. 1, adopted
7/7/06 and Ordinance 2016-01-00827 adopted 1/7/16, were deleted by
Ordinance 2021-11-00939 adopted 11/4/21.
(a)
Before any land is platted, the owner shall apply for and secure
approval of the proposed subdivision plat in accordance with the following
procedures, unless otherwise provided by these regulations. The procedure
for approving a plat typically requires two steps: preliminary plat,
and final plat. The purpose of a preliminary plat is for the design
and installation of public improvements; if public improvements are
not part of the project, a preliminary plat is not required.
(b)
Except as otherwise permitted, the approval of the commission and
city council of a preliminary plat is required prior to the construction
of public improvements on the property. The preliminary plat and the
associated engineering plans for the property may be amended during
construction, with only major changes requiring reapproval by the
planning and zoning commission. Subject to review and approval by
city council.
(c)
Upon completion of the required public improvements, or the provision
of an improvement agreement, the owner may submit a corrected final
plat for the subdivision. Lots may be sold and building permits obtained
after approval of the final plat by the planning and zoning commission
and filing of the signed plat. Subject to review and approval by city
council. Improvement agreements shall be subject to review and approval
by council.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2021-11-00939 adopted 11/4/21)
The development services director or city manager designee may
establish official submission deadlines for the placement of plats
on the agenda of the planning and zoning commission and the city council
for consideration. No plat shall be considered by the planning and
zoning commission until it has been determined by the development
services department that the submittal is complete and in conformance
with this article. No plat shall be considered by the planning and
zoning commission until it has been determined by the development
services department that the submittal is complete and in conformance
with this article.
(Ordinance 2021-11-00939 adopted 11/4/21)
For purposes of this article, the date the development services
department has determined that: (1) the submittal is complete and
in conformance with this article; (2) all required documents are submitted
in a complete format; and (3) all required fees have been paid, shall
constitute the official filing date of the plat, from which the statutory
period requiring approval or disapproval of the plat shall commence.
The planning and zoning commission and city council may not table
or postpone the consideration of the approval or disapproval of a
plat but may request the applicant to withdraw. The applicant may
withdraw a plat from consideration by submitting a written request
and may resubmit the plat with no additional fees if it is rescheduled
within sixty (60) days of the date of withdrawal.
(Ordinance 2021-11-00939 adopted 11/4/21)
No plat shall be approved unless the following standards have
been met:
(1)
The plat conforms to applicable zoning, the comprehensive plan, the
capital improvements plan of the city, the design standards, the major
thoroughfare plan, the master park plan of the city, and other regulations
in this article. If a zoning change is contemplated for the property,
the zoning change must be completed before the approval of preliminary
plat of the property. Any plat reflecting a condition not in accordance
with the zoning requirements shall not be approved until any available
relief from the board of adjustment has been obtained;
(2)
Adequate provision has been made for the dedication and installation
of public improvements; and
(3)
All required fees have been paid.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2010-11-00668, sec. 1, adopted 11/4/10)
The owner of the property to be platted must provide an easement
or fee simple dedication of all property needed for the construction
of streets, thoroughfares, alleys, sidewalks, storm drainage facilities,
floodways, water mains, wastewater mains and other utilities, public
parks, and any other property necessary to serve the plat and to implement
the requirements of this article. Dedications shown on plats are irrevocable
offers to dedicate the property shown. Once the offer to dedicate
is made, it may be accepted by an action by the city by acceptance
of the improvements in the dedicated areas for the purpose intended,
or by actual use by the city. No improvements may be accepted until
they are constructed in accordance with this article, and the final
plat is filed for recording. No dedication otherwise required by this
article may be imposed upon an owner unless the property is being
subdivided and the dedication related to the impact of the proposed
development is roughly proportional to the needs created by the proposed
development, and provides a benefit to the development.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
Editor's note–Former section 10.03.036 pertaining
to optional land study and deriving from section 6.206 of Ordinance
2006-07-00567 adopted by the city on July 7, 2006 has been deleted
by section 1 of Ordinance 2010-11-00668 adopted by the city on November
4, 2010.
(a)
Prior to the filing of a preliminary plat, the developer shall meet
with the development services department. The purpose of the meeting
is to familiarize the developer with the city’s development
regulations and the relationship of the proposed subdivision to the
comprehensive plan. At such meeting, the general character of the
development, the zoning, utility service, street requirements and
other pertinent factors related to the proposed subdivision will be
discussed.
(b)
Prior to submission of a preliminary plat, the developer shall submit
to the city construction and engineering plans for the public infrastructure
improvements required for the proposed subdivision unless the approval
of an improvement agreement has been requested. If the city does not
approve of the use of an improvement agreement, engineering and construction
plans for the required public infrastructure must be submitted by
the developer and approved by the city engineer prior to approval
of the preliminary plat.
(c)
After the preapplication conference and completion of engineering
and construction plans for all public infrastructure improvements,
the developer shall file the required number of copies of the preliminary
plat of the proposed subdivision with the development review committee,
for submission to the planning and zoning commission, and include
the required filing fees and tax certificates showing all taxes have
been paid on the property being platted.
(d)
The following notice shall be stamped on the face of each preliminary
plat: “Preliminary Plat - for inspection purposes only, and
in no way official or approved for record purposes.”
(e)
Preliminary plats shall be distributed by city staff to city departments.
The owner shall be responsible for the distribution of copies of the
preliminary plats to the agencies listed below. The city staff shall
give the owner and such agencies a specific date by which to return
written responses. The owner and the agencies listed below shall be
provided an opportunity to attend a developer/city staff conference
for the purpose of notifying the developer of necessary corrections.
(1)
Independent school districts affected by the plat (one copy).
(2)
City utility departments (two copies).
(3)
Public utility companies and franchise utility companies that serve
or will provide service to the proposed subdivision (two copies).
(4)
County commissioner and county public works director if the subdivision
is outside the city limits (one copy each).
(f)
The development review committee shall accumulate the comments of
the city departments and agencies and conduct a developer/city staff
conference to report the comments and requested corrections to the
developer. The developer shall be allowed to make comment or make
required corrections and submit the corrected preliminary plat to
the development review committee for submission to the planning and
zoning commission. The corrected preliminary plat shall be submitted
within thirty (30) days of the date the original preliminary plat
was officially filed and prior to the meeting of the planning and
zoning commission at which such preliminary plat is scheduled for
consideration. Upon timely receipt, the development services director
or city manager designee shall submit the corrected preliminary plat
to the planning and zoning commission.
(g)
A written report shall be prepared by city staff and submitted to
the planning and zoning commission stating the review comments of
the preliminary plat noting any unresolved issues.
(h)
Following review of the preliminary plat and other materials submitted
in conformity with this article, the planning and zoning commission
shall act on a preliminary plat, within thirty (30) days after the
date the preliminary plat is officially filed. The planning and zoning
commission may either: (i) approve the preliminary plat as presented;
(ii) approve the preliminary plat with conditions; or (iii) disapprove
the preliminary plat. If disapproved, the planning and zoning commission,
upon written request, shall state the reasons for disapproval. A conditional
approval shall be considered a disapproval until the conditions have
been satisfied.
(i)
The actions of the planning and zoning commission shall be noted
on two (2) copies of the preliminary plat. One (1) copy shall be returned
to the developer and the other retained in the files of the development
review committee.
(j)
The planning and zoning commission shall, in its action on the preliminary
plat, consider the physical arrangement of the subdivision and determine
the adequacy of the street and thoroughfare rights-of-way and alignment
and the compliance of the streets and thoroughfares with the major
thoroughfare plan, the existing street pattern in the area and with
any other applicable provisions of the comprehensive zoning ordinance
and comprehensive plan. The planning and zoning commission, based
on city staff recommendations, shall also ascertain that adequate
easements for proposed or future utility service and surface drainage
are provided, and that the lot sizes and area comply with the comprehensive
zoning ordinance and are adequate to comply with the minimum requirements
for the type of sanitary sewage disposal proposed.
(k)
After approval of a preliminary plat by the planning and zoning commission,
the development review committee shall forward the preliminary plat
to the city council for consideration at the next available city council
meeting.
(l)
The city council shall act on the preliminary plat within thirty
(30) calendar days after the date the preliminary plat is approved
by the planning and zoning commission or is considered approved by
the inaction of the planning and zoning commission. A preliminary
plat shall be considered approved by the city council unless it is
disapproved within that period as required by state law.
(m)
Approval of a preliminary plat by the planning and zoning commission
and/or the city council is not approval of the final plat but is an
expression of approval of the layout shown subject to satisfaction
of specified conditions. The preliminary plat serves as a guide in
the preparation of a final plat.
(n)
Expiration of preliminary plat approval.
The approval
of a preliminary plat expires three (3) years after the date of city
council approval unless a final plat is submitted and has received
approval by the planning and zoning commission for the property within
such period, or the period is extended by the planning and zoning
commission upon written request of the owner. If the time period is
not extended, or a final plat is not submitted and approved by the
planning and zoning commission within the thirty-six (36) month period,
the preliminary plat approval shall be null and void, and the owner
shall be required to submit a new plat for the property subject to
the then-existing zoning, subdivision and other regulations.
(o)
Phased development.
The preliminary plat shall indicate
any phasing of the proposed development with a heavy dashed line.
Each phase shall be numbered sequentially and in the proposed order
of development. The proposed utility, street and drainage layout for
each phase shall be designed in such a manner that the phases can
be developed in numerical sequence. Thereafter, plats of subsequent
units of such subdivision shall conform to the approved overall layout
and phasing, unless a new preliminary plat is submitted. The planning
and zoning commission and city council may impose such conditions
upon the filing of the phases as deemed necessary to assure the orderly
development of the city. Such conditions may include but are not limited
to temporary street and alley extensions, temporary cul-de-sacs, turnarounds,
and off-site utility extensions. Failure to indicate phasing of the
proposed development in accordance with this section prohibits the
approval of a final plat for such subdivision in phases.
(p)
Effective period of preliminary plat approved for phased development.
If a final plat has not been submitted and approved on at least
one phase of the area covered by the preliminary plat three (3) years
after the date of preliminary plat approval, the preliminary plat
shall expire and be declared null and void. If in the event that only
a phase of the preliminary plat has been submitted for final plat
approval, then the preliminary plat for those areas not final platted
within three (3) years of the date of preliminary plat approval shall
expire and be declared null and void, unless an extension of time
is granted by the planning and zoning commission. Any phase of a preliminary
plat not receiving final plat approval within the period of time set
forth herein shall expire and be declared null and void, and the owner
shall be required to submit a new preliminary plat for approval which
shall be subject to the then-existing zoning, subdivision and other
regulations, and the payment of any applicable fees.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2021-11-00939 adopted 11/4/21)
(a)
Sixty (60) days prior to or following the lapse of approval for a
preliminary plat, as provided in these regulations, the owner may
request the commission to extend or reinstate the approval.
(b)
In determining whether to grant such request, the commission shall
take into account the reasons for lapse, the ability of the owner
to comply with any conditions attached to the original approval and
the extent to which newly adopted zoning and subdivision regulations
shall apply to the preliminary plat. The commission may extend or
reinstate the preliminary plat, or deny the request, in which instance
the owner must submit a new preliminary plat application for approval.
(c)
The commission may extend or reinstate the approval subject to additional
conditions based upon newly enacted regulations such as are necessary
to issue [insure] compliance with the original conditions of approval.
The commission may also specify a shorter time for lapse of the extended
or reinstated preliminary plat than is applicable to original preliminary
plat approval.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06
No preliminary plat shall be approved unless the following standards
have been met:
(1)
The engineering and construction plans for the required public infrastructure
improvements have been submitted and approved by the city engineer,
unless the approval of an improvement agreement has been requested
and approved;
(2)
Adequate provision has been made for the dedication and installation
of public improvements; and
(3)
The preliminary plat conforms to the applicable zoning and all other
requirements of this article.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2021-11-00939 adopted 11/4/21)
(a)
The owner shall submit the required number of copies of the preliminary
plat an [and] 8-1/2" x 11" and a 11" x 17" reduction of copies of
the preliminary plat, as determined by the development review committee,
to allow for the distribution of the proposed preliminary plat for
review. Each copy of the preliminary plat shall be folded so that
the title block for the subdivision may be read in the lower righthand
corner. The preliminary plat shall be drawn to a scale of one inch
equals one hundred feet (1" = 100') or larger on 24" x 36" sheet size.
In cases of large developments which would exceed the dimensions of
the required sheet at the 100-foot scale, preliminary plats may be
submitted at a scale of one inch equals two hundred feet (1" = 200')
on multiple sheets, properly registered.
(b)
The preliminary plat shall contain or be accompanied by the following:
(1)
The required number of copies of the preliminary plat and the approved
engineering and construction plans for all public infrastructure improvements
in accordance with the design standards of the city, to include all
streets, water mains and services, sewer system and services, and
drainage systems required to develop the proposed subdivision.
(2)
The name, address and telephone number of the owner, the surveyor,
and engineer responsible for the preparation of the final plat.
(3)
The name of the subdivision, vicinity location map showing adjacent
subdivisions, street names (which shall conform, whenever possible,
to existing street names) and lot and block numbers in accordance
with a systematic arrangement.
(4)
An accurate boundary survey description of the property, with bearings
and distances, referenced to survey lines, existing property descriptions
and established subdivisions, and showing the lines of adjacent tracts,
the layout, dimensions and names of adjacent streets and alleys and
lot lines shown in dashed lines.
(5)
Scale, north point, date, lot and block numbers.
(6)
The name and location of adjacent subdivisions or unplatted tracts
drawn to scale shown in dotted lines and in sufficient detail to accurately
show the existing streets, alleys and other features that may influence
the layout and development of the proposed subdivision. The abstract
name and number, and name of the owner of the adjacent unplatted tracts
shall be shown.
(7)
Exact location of lots, streets, public highways, alleys, parks and
other features, with accurate dimensions in feet and decimal fractions
of feet, with the length of radii and of arcs of all curves, internal
angles, points of curvatures, length and bearings of the tangents,
and with all other surveyor information necessary to reproduce the
plat on the ground. Dimensions shall be shown from all angle points.
All lots on building sites shall conform to the minimum standards
for area, width and depth prescribed by the zoning district or districts
in which the subdivision is located, and state the area size of each
lot.
(8)
The location of utility easements.
(9)
The layout and dimensions of proposed storm drainage areas, easements
and rights-of-way necessary for drainage within and outside the boundaries
of the proposed subdivision.
(10)
The location and purpose of all proposed parks or other areas offered
for dedication to public use.
(11)
The location of all existing property lines, buildings, sewer or
water mains, storm drainage areas, water and wastewater facilities,
fire hydrants, gas mains or other underground structures, easements
of record or other existing features.
(12)
Copy of any deed restrictions, restrictive covenants, special use
permit or planned development district ordinance regulating the property.
(13)
The angle of intersection of the centerlines of all intersecting
streets which are intended to be less than ninety degrees (90°).
(14)
In accordance with the city floodplain management regulations, of
the Code of Ordinances, as amended, the floodplain and floodway lines
and base flood elevations as shown on the current effective flood
insurance rate maps for the city shall be shown, where applicable.
A notation shall be shown on the face of the preliminary plat stating:
“Lots or portions of lots within the floodplain or areas of
special flood hazard require a development permit prior to issuance
of a building permit or commencement of construction including site
grading, on all or part of those lots.”
(15)
For a preliminary plat of land located outside the city limits where
sanitary sewer does not exist or where street improvement standards
vary from those specified by the city, such differences shall be noted.
(16)
A certificate of ownership and dedication of all streets, alleys,
easements, parks and other land intended for public use, signed and
acknowledged before a notary public by the owner and lienholders of
the property, along with complete and accurate metes and bounds description
of the land subdivided and the property dedicated to public use.
(17)
Receipt showing all taxes on the subject property are paid.
(18)
Certification by a surveyor, to the effect that the preliminary plat
represents a survey made by the surveyor, and that all the necessary
survey monuments are correctly shown thereon.
(19)
A preliminary plat provided in multiple sheets shall include a key
map showing the entire subdivision at smaller scale with lot and block
numbers and street names on one (1) of the sheets or on a separate
sheet of the same size.
(20)
Copy of any proposed property owner or homeowners’ association
agreements, covenants and restrictions.
(21)
A site plan showing building setback lines, topographic information
showing contour lines with intervals up to one foot (1') indicating
the terrain, the drainage pattern of the area, and the drainage basin
areas within the proposed subdivision. Topographic information showing
contour lines with intervals up to two (2) feet indicating the terrain,
the drainage pattern of the area, and the drainage basin areas outside
the boundaries of the proposed subdivision; and the location, size
and identification of any physical features of the property, including
watercourses, ravines, bridges, culverts, existing structures, drainage
or other significant topographic features located on the property
or within one hundred fifty feet (150') of the proposed subdivision.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2016-01-00827 adopted 1/7/16; Ordinance 2021-11-00939 adopted 11/4/21)
Approval of a preliminary plat by the commission and city council
constitutes authorization for the city engineer to release construction
plans and to permit the owner to commence construction of the public
improvements. Approval of a preliminary plat also authorizes the owner,
upon fulfillment of all requirements and conditions of approval, to
submit a final plat for approval. Upon release of the construction
plans, the city engineer may, upon request of the applicant, issue
a certificate indicating the construction plans have been released
and construction of the improvement is thereafter authorized. The
certificate shall read as follows:
“The Preliminary Plat for (insert name of the subdivision
or addition) as approved by the City Council for the City of Lucas
on (insert date of approval) is authorized for use with engineering
plans for the construction of public improvements as approved by the
City Engineer. A Final Plat shall be approved by the Planning and
Zoning Commission upon the completion of all public improvements or
the provision of an Improvement Agreement under the terms of the Subdivision
and Development Ordinance and submission of a Final Plat in compliance
with the Subdivision and Development Ordinance of the City of Lucas.”
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
(a)
At any time following the approval of a preliminary plat, and before
the lapse of such approval, the owner may request an amendment. No
amendment may be approved pursuant to this section which amends or
changes any condition, regulation, or development required by a planned
development ordinance or specific use permit which governs the development
of such subdivision. The rerouting of streets, addition or deletion
of alleys, or addition or deletion of more than ten percent (10%)
of the approved number of lots shall be considered a major amendment.
The adjustment of street and alley alignments, lengths, and paving
details; the addition or deletion of lots within ten percent (10%)
of the approved number and the adjustment of lot lines shall be considered
minor amendments.
(b)
The director of development services may approve or disapprove a
minor amendment. Disapproval may be appealed to the commission. Major
amendments may be approved by the commission at a public meeting in
accordance with the same requirements for the approval of a preliminary
plat.
(c)
Approval.
The commission shall approve, conditionally
approve or disapprove any proposed major amendment and may make any
modifications in the terms and conditions of preliminary plat approval
reasonably related to the proposed amendment.
(d)
Retaining previous approval.
If the applicant is unwilling to accept the proposed amendment under the terms and conditions required by the commission, the applicant may withdraw the proposed major amendment or appeal the action of the commission to the city council in accordance with section 10.03.006.
(Ordinance 2010-11-00668, sec. 1,
adopted 11/4/10; Ordinance
2016-01-00827 adopted 1/7/16)
(a)
After approval of the preliminary plat by the planning and zoning
commission and the city council and upon completion of the required
public improvements or the provision of an improvement agreement as
allowed herein, the owner shall submit a final plat for the property
for approval.
(b)
The final plat shall conform substantially to the approved preliminary
plat, if required, and, if desired by the developer, may cover only
a phase of the approved preliminary plat; provided, however, such
phase conforms to all the requirements of this article and the approved
preliminary plat indicated the phasing of such development.
(c)
The final plat shall be distributed to the city departments and other
agencies for review and comment in the same manner as a preliminary
plat.
(d)
The development review committee shall accumulate the comments of
the city departments and agencies and conduct a developer/city staff
conference to report the comments and requested corrections to the
developer. The developer shall make comment or make the required corrections
and submit the corrected final plat to the development review committee
for submission to the planning and zoning commission. The corrected
final plat shall be submitted within thirty (30) days of the date
the original final plat was officially filed and prior to the meeting
of the planning and zoning commission at which the original final
plat is scheduled for consideration.
(e)
The final plat shall be submitted to the planning and zoning commission
at the next available meeting with any appropriate comments and recommendations
by the development review committee. The planning and zoning commission
shall act on the final plat within thirty (30) days after the official
filing date. If no action is taken by the planning and zoning commission
within such period, the final plat shall be deemed approved. A certificate
showing the filing date and failure to take action thereon within
the thirty-day period shall, on request, be issued by the planning
and zoning commission, which shall be sufficient in lieu of a written
endorsement of approval. The planning and zoning commission shall
be the final approval authority for final plats. The denial of approval
of a final plat shall not be appealable to the city council.
(f)
The planning and zoning commission shall consider the final plat,
including all proposals by the owner with respect to the dedication
of right-of-way for public use, the construction of utilities, streets,
drainage and other improvements.
(g)
The approval of the final plat by the planning and zoning commission
shall authorize the planning and zoning commission chairperson to
execute the certificate of approval on the final plat.
(h)
The approved final plat shall then be filed by the city in the plat
records of the county.
(i)
Final plats disapproved by the planning and zoning commission shall
be returned to the developer by the development review committee.
(j)
In the event a final plat is approved by the planning and zoning
commission for a subdivision in phases, the final plat of each phase
shall carry the same name throughout the entire subdivision, but bear
a distinguishing letter, number or subtitle. Lot and block numbers
shall run consecutively throughout the entire subdivision, even though
such subdivision may be finally approved in phases.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2021-11-00939 adopted 11/4/21)
No final plat shall be approved unless the following standards
have been met:
(1)
The final plat substantially conforms to the preliminary plat, if
required;
(2)
Required public improvements have been constructed and are ready
to be accepted by the planning and zoning commission, and/or an improvement
agreement has been approved by the city council for the subsequent
completion of the public improvements;
(3)
The final plat conforms to the applicable zoning and all other requirements
of this article;
(4)
Adequate provision has been made for the dedication and installation
of public improvements; and (Ordinance 2021-11-00939 adopted 11/4/21)
(5)
All required fees have been paid.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2021-11-00939 adopted 11/4/21)
The owner shall prepare a final plat in accordance with the
conditions of approval for the preliminary plat drawn to a scale of
one-inch equals one hundred feet (1" = 100') on 24" x 36" sheet size.
For large developments, the final plat may be submitted on multiple
sheets properly registered to match with the surrounding sheets and
a small-scale key map showing all sheets of the final plat shall be
provided. The owner shall submit the required number of “copies”
of the final plat and 8-1/2" x 11" and an 11" x 17" reduction copies
of the final plat as determined by the development review committee
with three (3) copies of the approved construction plans for the public
infrastructure improvements for the proposed subdivision. Each copy
of the final plat shall be folded so that the title block for the
subdivision may be read in the lower right-hand corner. The final
plat shall contain or be accompanied by the following:
(1)
Record drawings, construction plans including one set of mylars and
a digital copy in PDF, DWG or DGN format, and two sets of bluelines,
where applicable.
(2)
All information required for a preliminary plat.
(3)
The improvement agreement and security, if required, in a form satisfactory
to the city attorney and in an amount established by the city council
upon recommendation of the city engineer and shall include a provision
that the owner shall comply with all the terms of the final plat approval
as determined by the commission.
(4)
Formal irrevocable offers of dedication to the public of all streets,
alleys, utilities, easements and parks in a form approved by the city
attorney.
(5)
The following certificates shall be placed on the final plat in a
manner that will allow them to be clearly visible on the final plat.
|
APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
LUCAS, TEXAS, ON THE _____ DAY OF __________, _____.
|
|
ATTEST:
|
|
______________________________________
Chairperson, Planning and Zoning Commission
|
|
______________________________________
City Secretary
|
(6)
An owner may, at the discretion of the commission, obtain approval
of a phase of a subdivision for which a preliminary plat was approved
provided such phase meets all the requirements of this article in
the same manner as is required for a complete subdivision.
(7)
If applicable, copy of agreements, covenants and restrictions establishing
and creating the homeowners’ association approved by the commission
based on recommendation of the city attorney.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2021-11-00939 adopted 11/4/21)
(a)
When an improvement agreement and security are required, the city
council shall endorse approval on the final plat after the improvement
agreement and security have been approved by the city attorney, and
all the conditions pertaining to the final plat have been satisfied.
A final plat for which an improvement agreement has been approved
shall contain the following notation on the final plat:
“This Subdivision is subject to an Improvement Agreement
pursuant to the City of Lucas, Texas Subdivision and Development Ordinance.
All or some of the public infrastructure were not constructed and
accepted by the City of Lucas, Texas prior to approval of this Final
Plat.”
(b)
When installation of public improvements is required prior to recordation
of the final plat, the city council shall endorse approval on the
final plat after all conditions of approval have been satisfied and
all public improvements are satisfactorily completed. There shall
be written evidence that the required public improvements have been
installed and have been completed in a manner satisfactory as shown
by a certificate signed by the city engineer stating that the necessary
dedication of public lands and installation of public improvements
have been accomplished.
(c)
City staff shall be responsible for filing the final plat with the
county clerk. Simultaneously with the filing of the final plat, the
city staff shall record such other agreements of dedication and legal
documents as shall be required to be recorded by the city secretary
or the city attorney. The final plat, bearing all required signatures,
shall be recorded after final approval and within five working days
of its receipt. One (1) copy of the recorded final plat, with street
addresses assigned, will be forwarded to the owner by the city staff.
(d)
Approval of a final plat shall certify compliance with the regulations
of the city pertaining to the subdivision. An approved and signed
final plat may be filed with the county as a record of the subdivision
and may be used to reference lots and interests in property thereon
defined for the purpose of conveyance and development as allowed by
these regulations.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2016-01-00827 adopted 1/7/16; Ordinance 2021-11-00939 adopted 11/4/21)
(a)
The development review committee is authorized to approve the following:
(1)
Amending plats described by section 212.016 Tex. Loc. Gov’t
Code;
(2)
Minor plats involving four or fewer lots fronting an existing street
and not requiring the creation of any new street or extension of municipal
facilities; and
(3)
A replat under section 212.0145 Tex. Loc. Gov’t Code that does
not require the creation of any new street or the extension of municipal
facilities.
(b)
The development services director or city manager designee may for
any reason elect to present an amending plat, minor plat or replat
meeting the requirements of (a) above to the planning and zoning commission
for approval.
(c)
Any amending plat, minor plat or replat meeting the requirements
of (a) above which the development services director or city manager
designee fails or refuses to approve shall be submitted to the planning
and zoning commission for approval.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2021-11-00939 adopted 11/4/21)
(a)
Vacating plats.
(1)
The owners of the tract covered by a plat may vacate the plat at
any time before any lot in the plat is sold. The plat is vacated when
a signed, acknowledged instrument declaring the plat vacated is approved
and recorded in the manner prescribed for the original plat. Subject
to review and approval by both the planning and zoning commission
and the city council.
(2)
If lots have been sold, the plat, or any part of the plat, may be
vacated on the application of all the owners of lots in the plat with
approval obtained in the manner prescribed for the original plat.
Subject to review and approval by city council.
(3)
The planning and zoning commission shall disapprove any vacating
instrument which abridges or destroys public rights in any of the
public uses, improvements, streets or alleys.
(4)
Upon approval and recording with the county clerk, the vacated plat
has no effect.
(b)
Replatting without vacating preceding plat.
(1)
A replat of a subdivision or part of a subdivision may be recorded
and is controlled over the preceding plat without vacation of that
plat if the replat: (i) is signed and acknowledged by only the owners
of the property being platted; (ii) does not attempt to amend or remove
any covenants or restrictions; and (iii) and is approved, after a
public hearing on the matter, by the planning and zoning commission.
Subject to review and approval by city council.
(2)
An application for a replat shall follow the same procedure required
for preliminary and final plats.
(c)
Additional requirements for certain replats.
(1)
In addition to compliance with section 10.03.048(b), a replat without vacation of the preceding plat must conform to the requirements of this section if:
(A)
During the preceding five (5) years, any of the area to be replatted
was limited by an interim or permanent zoning classification to residential
use for not more than two (2) residential units per lot; or
(B)
Any lot in the preceding plat was limited by deed restrictions to
residential use for not more than two (2) residential units per lot.
(2)
Notice of the public hearing, as required in section 10.03.048(b), shall be given before the fifteenth (15th) day before the date of the public hearing by: (1) publication in the official newspaper; and (2) by written notice, with a copy of Tex. Loc. Gov’t Code section 212.015(c) attached, forwarded to the owners of lots that are in the original subdivision and that are within two hundred feet (200') of the lots to be replatted, as indicated on the most recently approved city tax rolls or[, in] the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested.
(3)
If the proposed replat requires a waiver and is protested in accordance
with this subsection, the proposed replat must receive, in order to
be approved, the affirmative vote of at least three-fourths (3/4)
of the members present at the meeting of the planning and zoning commission.
For a legal protest, written instruments signed by owners of at least
twenty percent (20%) of the area of the lots or land immediately adjoining
the area covered by the proposed replat and extending two hundred
feet (200') from that area, but within the original subdivision, must
be filed with the planning and zoning commission prior to the close
of the public hearing.
(4)
In computing the percentage of land area under subsection (3), the area of streets and alleys shall be included.
(5)
Compliance with subsections (3) and (4) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(d)
Plat amendments and corrections.
(1)
The director of development services is allowed to approve the following:
(A)
Amending the plats described in section 212.016 of the Texas Local
Government Code;
(B)
Minor plats involving four or fewer lots fronting an existing street
and not requiring the creation of any new street or extension of facilities;
and
(C)
A replat under section 212.0145 of the Texas Local Government Code
that does not require the creation of any new street or the extension
of municipal facilities.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2016-01-00827 adopted 1/7/16)
