(A) Applicability
and Terminology.
(1) The
procedures in this Division 7 shall apply only if a property owner
seeks to change any portion of a plat that has been filed of record
with the applicable county.
(2) The
term
Replat includes changes to a recorded Final Plat, whether the change is effected by replatting without vacation (Section
3.39 of this Chapter
3), approving an Amending Plat (Section
3.40 of this Chapter
3), or a new plat application.
(B) City
Action Required for Plat Revisions.
Except as expressly
stated otherwise in this Division 7, any change to a recorded Final
Plat, Conveyance Plat or Replat must be approved by the Plan Commission.
(C) Construction
Management.
If the subdivision as replatted requires the construction of additional improvements, the provisions of Articles 4, 5, and 6 of this Chapter
3 apply, including the requirement for Site Engineering Drawings.
(D) Application
and Approval Procedures.
Unless otherwise specified, an application and all related procedures and approvals (including approval criteria and recordation) for a Replat or Amending Plat are the same as those specified for a Final Plat in Article 2, Division 3 except that an Amending Plat may be administratively approved (see below Section
3.40 of this Chapter
3).
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 44, adopted 12/3/19)
(A) Applicability.
(1) A
Replat of all or a portion of a recorded plat may be approved without
vacating the recorded plat, if the Replat:
(a) Is signed and acknowledged by only the owners of the property being
replatted;
(b) Is approved after a public hearing on the Replat;
(c) Does not propose to amend or remove any covenants or restrictions
previously incorporated in the recorded plat; and
(d) Meets all other requirements of Section 212.014 of the Texas Local
Government Code, as amended.
(2) A
Replat that does not vacate a previous plat may be approved if its
purpose is to amend, relocate or abandon (with the City’s approval)
an easement(s) that was previously established by plat (that is, not
established by separate instrument), to dedicate public right-of-way,
to subdivide property or to combine lots.
(B) Application
Submission and Processing.
A complete application for
Replat approval must be submitted, and will be processed, in accordance
with the procedures set forth in the City’s
Development
Application Packet, as amended. A Replat application must comply with all application and recordation requirements of a Final Plat. The Planning Director shall schedule the Replat application for Plan Commission public hearing and consideration, in accordance with Section
3.04 of this Chapter
3.
(C) Partial
Replat Application.
For a Replat that involves only a
portion of the lots in an original subdivision, such Replat shall
show enough of the surrounding original subdivision lots and streets
to clearly depict where the affected lot(s) is) situated. The Planning
Director may determine how much of, or if all of, the original subdivision
shall be shown on a Replat. All Replats shall reference the previous
subdivision’s name and recording information, and shall clearly
cite the specific lot(s) which are being changed along with a detailed
“Purpose for Replat” statement.
(D) General
Notice and Hearing Requirements.
(1) Published
and personal notice is required only for certain residential Replats,
in accordance with Section 212.015 of the Texas Local Government Code,
as amended.
(2) For
applications for replat filed on or after September 1, 2019, if a
proposed replat does not require a variance or exception, no hearing
shall be required. The City shall provide written notice by mail of
the approval of the replat to each owner of a lot in the original
subdivision that is within 200 feet of the lots to be replatted according
to the most recent municipal or, in the case of subdivisions within
the City’s ETJ, county tax roll. The notice shall include the
zoning designation of the property after the replat, and a telephone
number and email address an owner of a lot may use to contact the
City about the replat.
(3) For
applications for replat filed on or after September 1, 2019, if a
proposed replat requires either a variance or an exception, then a
public hearing on a Replat shall be conducted by the Plan Commission
in accordance with the normal rules and procedures that are applicable
to public hearings.
(4) For
applications for replat filed before September 1, 2019, the Plan Commission
shall conduct a public hearing on the replat in accordance with the
normal rules and procedures applicable to public hearings.
(E) Special
Residential Replat Requirements.
(1) Applicability.
In addition to compliance with other requirements of this Section
3.39, a Replat without vacating the preceding plat shall conform to the requirements of this Subsection if:
(a) During the preceding five 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 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 residential units per lot.
(2) Exception.
The requirements of this Subsection do not apply to the approval
of a Replat application that affects only a portion of a recorded
plat if all of the proposed area sought to be replatted was designated
or reserved for usage other than for single- or two-family (such as
a duplex) residential use. Such designation shall be noted on the
recorded plat or in the legally recorded restriction applicable to
such plat.
(3) Notice
and Hearing.
Beginning on September 1, 2019, for any replat for which a hearing must be held pursuant to subsection (D) above, notice of the public hearing at which the Replat will be considered shall be given in accordance with Article 2, Division
2 of Chapter
1 of this GDC, unless otherwise required by state law. Prior to September 1, 2019, notice of the public hearing at which the Replat will be considered shall be given in accordance with Article 2, Division
2 of Chapter
1 of this GDC, unless otherwise required by state law.
(4) Protest.
If the Replat application is protested in accordance with this
Subsection, approval of the Replat requires the affirmative vote of
at least three-fourths of the members of the Plan Commission present
at the meeting. For a legal protest, written instruments signed by
the owners of at least twenty percent of the area of the lots or land
immediately adjoining the area covered by the Replat application and
extending two hundred feet from that area, but within the original
subdivision, shall be filed with the Plan Commission prior to the
close of the public hearing. The area of streets and alleys shall
be included in the area computations.
(F) Review
and Determination.
The Planning Director shall review
the Replat application, findings of the DRC, and any other information
submitted with the application. From all such information, the Planning
Director shall determine whether the Replat application is in compliance
with the regulations of this GDC.
(G) Action
by Plan Commission.
The Plan Commission shall conduct
the public hearing, shall consider the Replat application in the same
manner as for a Final Plat, and shall approve the Replat as submitted
by the applicant or deny the Replat.
(H) Appeal.
The applicant may appeal a decision of the Plan Commission to deny a Replat to the City Council. The appeal shall be processed and decided in accordance with applicable provisions of Article 1, Division
1 of Chapter
5 of this GDC.
(I) Effect
of Approval.
Upon approval of a Replat application, and upon approval of any associated Site Engineering Drawings (if applicable) in accordance with Article 6, Division
1 of this Chapter
3, the applicant may seek approval of a Site Permit (refer to Article 1, Division
3 of Chapter
4 of this GDC), and may subsequently seek approval of a Building Permit (refer to Article 1, Division
4 of Chapter
4 of this GDC).
(J) Recordation.
(1) Same
as Final Plat.
Recordation procedures shall be as set forth for the recordation of a Final Plat in Section
3.19 of this Chapter
3.
(2) Replat
Controls.
Upon recordation at the applicable county,
a Replat is controlling over the previously recorded plat for the
portion replatted.
(K) Expiration.
(1) No
Expiration After Recordation.
There is no expiration
of a Replat after it is approved by the City and recorded with the
applicable county.
(2) Expiration
if Not Recorded.
If an approved Replat is not timely recorded pursuant to Section
3.19 of this Chapter
3, then it is null and void.
(L) Replat
or Amending Plat.
Revisions to a Replat may only be approved as a Replat (this Section
3.39) or Amending Plat (Section
3.40 of this Chapter
3).
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 33, adopted 8/20/19)
(A) Purpose.
The purpose of an Amending Plat shall be to provide an expeditious
means of making minor revisions to a recorded plat consistent with
state law.
(B) Applicability.
The procedures for amending plats apply only if the sole purpose
of the amending plat is for one or more of the following purposes:
(1) Correct
an error in a course or distance shown on the preceding plat;
(2) Add
a course or distance that was omitted on the preceding plat;
(3) Correct
an error in a real property description shown on the preceding plat;
(4) Indicate
monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) Show
the location or character of a monument that has been changed in location
or character or that is shown incorrectly as to location or character
on the preceding plat;
(6) Correct
any other type of scrivener or clerical error or omission previously
approved by the City, including lot numbers, acreage, street names,
and identification of adjacent recorded plats;
(7) Correct
an error in courses and distances of lot lines between two adjacent
lots if:
(a) Both lot owners join in the application for amending the plat;
(b) Neither lot is abolished;
(c) The amendment does not attempt to remove recorded covenants or restrictions;
and
(d) The amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) Relocate
a lot line to eliminate an inadvertent encroachment of a building
or other improvement on a lot line or easement;
(9) Relocate
one or more lot lines between one or more adjacent lots if:
(a) The owners of all those lots join in the application for amending
the plat;
(b) The amendment does not attempt to remove recorded covenants or restrictions;
and
(c) The amendment does not increase the number of lots;
(10) Make necessary changes to the preceding plat to create six or fewer
lots in the subdivision or a part of the subdivision covered by the
preceding plat if:
(a) The changes do not affect applicable zoning and other regulations
of the City;
(b) The changes do not attempt to amend or remove any covenants or restrictions;
and
(c) The area covered by the changes is located in an area that the Plan
Commission or City Council has approved, after a public hearing, as
a residential improvement area; or
(11) Replat one or more lots fronting on an existing street if:
(a) The owners of all those lots join in the application for amending
the plat;
(b) The amendment does not attempt to remove recorded covenants or restrictions;
(c) The amendment does not increase the number of lots; and
(d) The amendment does not create or require the creation of a new street
or make necessary the extension of municipal facilities.
(C) Application
Submission and Processing.
A complete application for approval of an Amending Plat shall be submitted, and will be processed, in accordance with the procedures set forth in the City’s Development Application Packet, as amended, and Section
3.06 of this Chapter
3. An Amending Plat application must comply with all application and recordation requirements of a Final Plat.
(D) Review
Process.
An Amending Plat application shall be reviewed by the DRC and the Planning Director, in accordance with the procedures set forth in the City’s Development Application Packet, as amended. The Planning Director shall take action on the Amending Plat application, or shall schedule the application for Plan Commission consideration, in accordance with Section
3.04 of this Chapter
3.
(E) Partial
Amending Plat Application.
For an Amending Plat that
involves only a portion of the lots in an original subdivision, such
Amending Plat shall show enough of the surrounding original subdivision
lots and streets to clearly depict where the affected lot(s) is situated.
The Planning Director may determine how much of, or if all of, the
original subdivision shall be shown on an Amending Plat. All Amending
Plats shall clearly cite the specific lot(s) that is being changed,
along with a detailed “Purpose for Amending Plat” statement.
(F) Notice.
In accordance with state law, the approval of an Amending Plat
does not require notice, public hearing, or approval of other lot
owners.
(G) Review
and Determination.
The Planning Director shall review
the Amending Plat application, the findings of the DRC, and any other
information submitted with the application. From all such information,
the Planning Director shall determine whether the Amending Plat application
complies with the regulations of this GDC.
(H) Action
by Planning Director.
The Planning Director shall either approve the Amending Plat as submitted by the applicant, or shall refer the Amending Plat to the Plan Commission for consideration prior to expiration of the required 30-day approval period unless a Waiver of Right to 30-Day Action is submitted in accordance with Section
3.04 of this Chapter
3.
(I) Appeal.
The applicant may appeal any decision of the Plan Commission (upon referral by the Planning Director) to deny an Amending Plat application to the City Council. The appeal shall be processed and decided in accordance with applicable provisions of Article 1, Division
1 of Chapter
5 of this GDC.
(J) Criteria
for Approval.
The Director shall decide whether to approve or to refer approval of an Amending Plat application by determining whether the Amending Plat makes only those changes to the recorded plat that are allowed under Subsection
(B) above and by state law.
(K) Effect
of Approval.
The approval of an Amending Plat authorizes the applicant to seek approval of a Site Permit (refer to Article 1, Division
3 in Chapter
4 of this GDC) or a Building Permit (refer to Article 1, Division
4 in Chapter
4 of this GDC).
(L) Recordation.
(1) Same
as Final Plat.
Recordation procedures are the same as those for the recordation of a Final Plat in Section
3.19 of this Chapter
3.
(2) Controlling.
Upon recordation at the applicable county, an Amending Plat
is controlling over the previously recorded plat without vacation
of the previously recorded plat.
(M) Expiration.
(1) No
Expiration after Recordation. An Amending Plat does not expire after
it is approved by the City and recorded with the applicable county.
(2) Expiration if not Recorded. If an approved Amending Plat is not timely recorded pursuant to Section
3.19 of this Chapter
3, then it is null and void.
(N) Replat
or Amending Plat.
Revisions to an Amending Plat may only be approved as a Replat (Section
3.39 of this Chapter
3) or as another Amending Plat (this Section
3.40).
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 10, adopted 5/7/19)
(A) Purpose.
The purpose of Plat Vacation is to provide an expeditious means
of vacating a recorded plat in its entirety, consistent with provisions
of controlling state law.
(B) Applicability.
A Plat Vacation application must first be approved by the Plan Commission prior to vacation of any recorded plat or portion thereof. A plat may be vacated only in accordance with state law, and only in conjunction with simultaneous approval of a new revised Final (or other type of recordable) plat application in accordance with this GDC unless such Plat Vacation was initiated by the City under Subsection
3.41(C)(3) below.
(C) Initiation
of a Plat Vacation.
(1) By
Property Owner.
The property owner of the tract covered
by a plat may submit an application to vacate the plat at any time
before any lot in the plat is sold.
(2) By
All Lot Owners.
If lots in the plat have been sold, an
application to vacate the plat may be submitted by all the owners
of lots in the plat.
(3) By
City Council.
The City Council may, on its own motion,
determine that a recorded plat should be vacated in the public interest;
if:
(a) No lots within the approved plat have been sold within five years
following the date the Final Plat was approved by the City;
(b) The property owner has breached a Subdivision Improvement Agreement,
and the City does not have funds with which to complete construction
of public improvements, except that the vacation shall apply only
to lots owned by the property owner or its successor; or
(c) The plat has been of record for more than five years, and the City
Council determines that the further sale of lots within the subdivision
or addition is not in the public interest, except that the vacation
shall apply only to lots owned by the property owner who or which
filed the plat, or its successors.
(D) Application
Submission and Processing.
A complete application for approval of a Plat Vacation must be submitted, and will be processed, in accordance with Section
3.06 of this Chapter
3. An application for Plat Vacation must also be accompanied by an application for a Final (or other recordable) Plat for all of the land subject to the recorded plat or portion thereof to be vacated, prepared in accordance with this Article.
(E) Review
Process.
A Plat Vacation application shall be reviewed
by the DRC and the Planning Director, in accordance with the procedures
set forth in the City’s
Development Application Packet, as amended. The Planning Director shall schedule the Plat Vacation application for Plan Commission consideration simultaneously with the new Final (or other recordable) Plat application, in accordance with Section
3.04 of this Chapter
3.
(F) Processing
and Decision.
(1) The
Plat Vacation application shall be decided by the Plan Commission
in conjunction with its decision on a new Final (or other recordable)
Plat application for all of the subject property.
(2) The
Plat Vacation application shall be processed together with the new
Final (or other recordable) Plat application in accordance with the
procedures applicable to the new Plat application under this Article
2.
(3) If
a Plat Vacation application is submitted with a Preliminary Plat application
(rather than a recordable plat application), the Plan Commission’s
decision on the Plat Vacation application may be deferred or conditioned
on approval of a Final (or other recordable) Plat application for
all of the subject property. The Commission shall decide the Plat
Vacation application after it decides the Final (or other recordable)
Plat application.
(G) Criteria
for Approval.
The Plan Commission may only approve a Plat Vacation application upon approving the new Final (or other recordable) Plat application for all of the subject property, and must deny a Plat Vacation application if the new Plat application is denied. The new Plat application, as well as any preceding Preliminary Plat application, shall be decided in accordance with the criteria for approval in Division 3, Section
3.17, of this Article 2.
(H) Effect.
(1) On
the execution and recording of the vacating instrument, the previously
recorded plat shall become null and void, and shall have no effect.
Regardless of the City’s action on the Plat Vacation petition,
the applicant shall have no right to a refund of any monies, fees
or charges paid to the City, nor to the return of any property or
consideration dedicated or delivered to and accepted by the City (including
acceptance by use) except as may have previously been agreed to by
the City Council.
(2) 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.
(3) The
City may retain all or specific portions of rights-of-way or easements
dedicated to the City or for public use on the plat being considered
for vacation. However, Plat Vacation may be approved if the necessary
rights-of-way and easements are conveyed in a separate legal document
in a form approved by the City Attorney.
(Ordinance 6773 adopted 5/19/15)