City of Bee Cave, TX Section 2.3 Platting Requirements

§ 2.3.1 Subdivision process summary.

Any owner or Subdivider of any lot, tract, or parcel of land located within the corporate limits of the City or within its ETJ who wishes to subdivide such land shall conform to the process shown in Figure 2.3.1-1: Preliminary Plat Process or Figure 2.3.1-2: Final Plat Process, as further reflected in this Article 2. In the event of a conflict between figures and regulatory text, the regulatory text shall govern.

Figure 2.3.1-1: Preliminary Plat Process

Figure 2.3.1-2: Final Plat Process

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.3.2 Pre-application meeting.

See Section 1.3, Pre-Application Meeting.

(Ordinance 475 adopted 6/28/22)

§ 2.3.3 Types of plats.

Table 2.3-1 is a summary of the various Plat types. In the event of an interpretive conflict with this table, the subsections of this Section 2.3 that apply to each plat type shall govern.

Table 2.3-1: Summary of Plat Types
Plat Type	Use	Approval Authority	Notes
Preliminary Plat	Required before a Final Plat	P&Z
Final Plat	Required to record subdivision of property	P&Z	A Final Plat cannot be recorded until improvements have been properly installed and accepted or the appropriate surety for construction of the improvements has been filed with the City.
Short Form Final Plat	Required to record subdivision of property	P&Z	Only for unplatted property to be subdivided into five or more lots when Public Facilities are not required.
Minor Plat	Plat of four or fewer lots that already have the necessary infrastructure in place	Director
Replat	Replat of currently platted lots without a Plat Vacation	P&Z	Requires a public hearing if replat falls under TLGC Section 212.015.
Amending Plat	Minor revisions to a recorded Plat	Director
Development Plat	Alternative to Platting under TLGC 212.045	City Council	Not allowed for detached Single-Family Residential Subdivisions
Plat Vacation	Vacate a previously recorded Plat	City Council

(Ordinance 475 adopted 6/28/22)

§ 2.3.4 Preliminary plat.

A. Purpose. The purpose of a Preliminary Plat is to establish the general layout of the planned Subdivision, Adequate Public Facilities needed to serve each phase of the development, and the overall compliance of the development with applicable requirements of the UDC.

B. Applicability and exceptions. All Subdivision applications require the submittal, approval, an [and] adoption of a Preliminary Plat, except for the following:

1. Short Form Final Plat (see Section 2.3.6)

2. Minor Plat (see Section 2.3.6 [2.3.7]).

3. Amending Plat (see Section 2.3.9).

4. Development Plat (see Section 2.3.10).

C. Preliminary plat submittal.

1. Preliminary and other types of plans required before submittal.

(i) Preliminary Plat Application must include the following:

(1) Preliminary Drainage Plan (see Section 7.2.1.H);

(2) Preliminary Utility Plan (see Section 2.5.14.C);

(3) Approved Petition for Subdivision Waiver, as applicable;

(ii) The City will not consider concurrent approval of a Preliminary Plat and Final Plat unless the Subdivider has entered into and executed an Improvement Agreement with the City (see subsection 2.4.4 Improvement Agreements and Fiscal Security).

2. Current title commitments and application authorization. The applicant must furnish with the Preliminary Plat application a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or other Proof of Ownership, identifying all persons having an ownership interest in the property subject to the Preliminary Plat. The Applicant shall also furnish a notarized authorization of the Application from all persons or entities identified as having an ownership interest in the property(s) subject to the Preliminary Plat.

D. Review by Planning Director. The Planning Director shall:

1. Initiate review of the Plat and materials submitted, and

2. Upon determination that the application is ready to be acted upon, schedule the Preliminary Plat for consideration on the agenda of the next available meeting of the Planning and Zoning Commission according to the time specified in Section 2.2.1.

E. Action by the Planning and Zoning Commission.

1. Approval by the Planning and Zoning Commission is required for each Preliminary Plat.

2. The Commission shall:

(i) Review the Preliminary Plat, the findings of the Planning Director, and any other information available.

(1) From all such information, the Commission will determine whether the Preliminary Plat conforms to all requirements of the UDC and subsection 2.3.4.F, or, if there are variances, that they conform to the approved Subdivision Waiver.

(ii) Issue a decision within thirty (30) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to 30-Day Action as outlined in subsection 2.2.1.D.

(1) If no decision is rendered by the Commission within the thirty (30) day period described above or a longer period as may have been agreed upon through the Waiver of Right to 30-Day Action, the Preliminary Plat, as submitted, shall be deemed approved by the Commission.

(iii) Take one of the following actions:

(1) Approve the Preliminary Plat;

(2) Approve the Preliminary Plat with conditions, meaning the Preliminary Plat is approved once the conditions are fulfilled, and until the conditions are fulfilled it is considered denied; or

(3) Deny the Preliminary Plat.

(4) Decision for conditional approval or denial must be directly related to the requirements under TLGC Section. 212.0091 and the UDC and must include a citation to the UDC that is the basis for the conditional approval or disapproval, and may not be arbitrary.

F. Criteria for approval. The Commission will use the following criteria to determine whether the Preliminary Plat is approved, approved with conditions, or denied:

1. The Preliminary Plat is consistent with the adopted Comprehensive Plan, except where application of the Plan may conflict with State law;

2. The Preliminary Plat is drawn to conform to the zoning regulations currently applicable to the property at the time of the Official Vesting Date. If a zoning change for the property is proposed, then the zoning change must be completed before the submission of a Preliminary Plat;

3. The Preliminary Plat is consistent with approved Improvement Agreement, if applicable;

4. The proposed provision and configuration of Public Facilities, Easements and right-of-way are adequate to serve the proposed development, meet applicable standards of the UDC, and conform to the City's adopted master plans for those facilities;

5. The Preliminary Plat has been duly reviewed by applicable City staff;

6. The Preliminary Plat conforms to design requirements and construction standards as set forth in the adopted Technical Manuals;

7. The Preliminary Plat is consistent with an approved Development Agreement, Planned Development District or other special development district, as applicable;

8. The Preliminary Plat conforms to the City's Subdivision application checklists.

G. Effect of approval.

1. The final approval of a Preliminary Plat and fulfillment of all conditions of approval, allows the Subdivider to proceed with submitting Subdivision Construction Plans (see Section 2.4.1) and, subsequently, a Final Plat (see Section 2.3.5).

2. Approval of the Preliminary Plat is a general approval of the layout of the Subdivision, and does not constitute approval or acceptance of Subdivision Construction Plans or a Final Plat.

H. Resubmission following conditional approval.

1. An applicant may resubmit a Preliminary Plat application deemed conditionally approved by the Commission demonstrating that all conditions of approval have been satisfied.

2. The Planning Director shall:

(i) Initiate review of the Plat and materials submitted, and

(ii) Review the Preliminary Plat, the conditions of approval imposed by the Commission, and any other information available.

(1) From all such information, the Planning Director will determine whether the Preliminary Plat conforms to all requirements of the UDC and the conditions imposed by the Commission for approval, or, if there are waivers, that they conform to a Subdivision Waiver in accordance with Section 2.6.1.

(iii) Act within fifteen (15) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to Action.

(1) The Planning Director may defer the Preliminary Plat to the Planning and Zoning Commission. In such case, the procedures shall be the same as the procedures for action on Resubmission Following Denial in Section 2.3.4.I.

(2) If no decision is rendered by the Planning Director within the fifteen (15) day period described above or such longer period as may have been agreed upon through a Waiver of Right to Action, the Preliminary Plat, as resubmitted, shall be deemed approved.

I. Resubmission following denial.

1. An applicant may resubmit a Preliminary Plat application deemed denied by the Commission demonstrating that all deficiencies cited in the denial have been satisfied.

2. The Planning Director shall:

(i) Initiate review of the Plat and materials submitted, and

(ii) Upon determination that the application is ready to be acted upon, schedule the Preliminary Plat for consideration on the agenda of the next available meeting of the Planning and Zoning Commission according to the time specified in Section 2.2.1.

3. The Commission shall:

(i) Review the Preliminary Plat, the deficiencies cited by the Commission in the prior denial, and any other information available.

(1) From all such information, the Commission will determine whether the Preliminary Plat conforms to all requirements of the UDC and whether the deficiencies citied by the Commission for denial have been remedied, or, if there are waivers, that they conform to a Subdivision Waiver in accordance with Section 2.6.1.

(ii) Act within fifteen (15) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to Action.

(1) If no decision is rendered by the Planning Director within the fifteen (15) day period described above or such longer period as may have been agreed upon through a Waiver of Right to Action, the Preliminary Plat, as resubmitted, shall be deemed approved.

(iii) Take one of the following actions:

(1) Approve the Preliminary Plat;

(2) Approve the Preliminary Plat with conditions, meaning the Preliminary Plat is approved once the conditions are fulfilled, and until the conditions are fulfilled it is considered denied; or

(3) Deny the Preliminary Plat.

(4) Decision for conditional approval or denial must be directly related to the requirements under TLGC Section. 212.0091 and the UDC and must include a citation to the UDC that is the basis for the conditional approval or disapproval, and may not be arbitrary.

J. Expiration of an approved preliminary plat application.

1. Preliminary plat application expiration - two (2) years.

(i) Preliminary Plat approval remains in effect for a period of two (2) years following the date of approval, during which period the Subdivider must submit and receive approval for Subdivision Construction Plans and a Final Plat for the land area shown on the Preliminary Plat.

(ii) If Subdivision Construction Plans and a Final Plat have not been approved within the two (2) year period, the Preliminary Plat will expire.

(iii) If a portion of the area covered by the Preliminary Plat remains unplatted after two (2) years, the portion that is unplatted will expire. The expiration does not affect lots within the portions of the Subdivision that have been legally platted with the two (2) years (see Figure 2.3.4-1: Preliminary Plat Expiration Scenarios).

Figure 2.3.4-1: Preliminary Plat Expiration Scenarios
Expiration Period If No Other Plans Approved	Expiration Period with Plans Submitted but Not Approved	Expiration Period with Approved Subdivision Construction Plans	Expiration Period with Approved Final Plat	Partial Expiration of Multi-Phase Development
2 Years	2 Years	Unexpired While Subdivision Construction Plans Remain Valid	Unexpired While Final Plat Remains Valid	Remainder of Unplatted Portion Expires 2 Years from Most Recent Approved Final Plat

2. Relationship to subdivision construction plans. A Preliminary Plat remains valid for the same period which the approved Subdivision Construction Plans are valid (see subsection 2.4.1.G, Expiration Date for Subdivision Construction Plans).

3. Action on final plat. Should a Final Plat application be submitted within the two (2) year period, but not be acted upon by the Commission or City Council within the two (2) year period, the Preliminary Plat will expire unless the Planning Director grants an extension as provided in subsection I. [K.] Preliminary Plat Extension below.

4. Void if not extended. If the Preliminary Plat is not extended as provided in subsection I. [K.] Preliminary Plat Extension below, it will expire and become null and void.

K. Preliminary plat extension. A Preliminary Plat may be extended for a period not to exceed one (1) year beyond the expiration date. The Subdivider must submit a request for extension to the Planning Director in writing at least thirty (30) calendar days before the Preliminary Plat expires, including reasons why the Preliminary Plat should be extended (see Table 2.3-2: Preliminary Plat Extension Decision and Appeal).

Table 2.3-2: Preliminary Plat Extension Decision and Appeal
Deciding Official or Body	Timeframe for Decision	Decision Appealable?	How Long to Appeal?
Planning Director	30 Days from Request	Yes	14 Days from Denial
Planning and Zoning Commission	30 Days from Appeal of Director Decision	Yes	14 Days from Denial
City Council	30 Days from Appeal of P&Z Decision	No	N/A

1. Decision by the Planning Director.

(i) The Planning Director will review the extension request and either approve it, approve it with conditions, or deny within thirty (30) calendar days following the date the request was received.

(ii) Should the Planning Director fail to act on an extension request within thirty (30) calendar days, the extension is approved.

2. Considerations for extension. In considering an extension, the Planning Director will consider the following:

(i) The Subdivider has submitted or received approval of Final Plat for any portion of the property shown on the Preliminary Plat;

(ii) The Subdivider has submitted or received approval of Subdivision Construction Plans for any portion of the property shown on the Preliminary Plat;

(iii) Construction is occurring on the subject property;

(iv) The Preliminary Plat complies with new ordinances that impact the health, safety and general welfare of the community; or

(v) If there is a need for a park, school or other Public Facility or Public Improvement on the property.

3. Conditions.

(i) In granting an extension, the Planning Director may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served.

(ii) Any extension may be predicated on compliance with current development regulations or the applicant waiving any vested rights.

4. Appeal of decision to deny extension.

(i) Appeal of the Planning Director's decision.

(1) The Subdivider may appeal the extension denial by the Planning Director to the Planning and Zoning Commission.

(2) The Subdivider must submit a written request for appeal to the Planning Director within fourteen (14) calendar days following the extension denial.

(3) The Commission must hear and consider such an appeal within thirty (30) calendar days following receipt of the appeal request by the Planning Director.

(ii) Appeal of the Commission's decision.

(1) The Subdivider may appeal the extension denial by the Planning and Zoning Commission to the City Council.

(2) The Subdivider must submit a written request for appeal to the Planning Director within fourteen (14) calendar days following the extension denial by the Commission.

(3) The City Council must hear and consider such an appeal within thirty (30) calendar days following receipt of the appeal request by the Planning Director, otherwise the appeal is considered approved.

(4) The decision of the City Council is final.

L. Amendments to preliminary plats following approval.

1. Minor amendments to preliminary plats.

(i) Minor amendments to the design of the Subdivision or development subject to an approved Preliminary Plat may be incorporated in an application for approval of a Final Plat without the necessity of filing a new Preliminary Plat.

(ii) Minor amendments may only include minor adjustments in street or alley alignments, lengths and paving details, and minor adjustments to plot lines that:

(1) Do not extend the boundaries of the Preliminary Plat;

(2) Do not result in creation of additional lots or any nonconforming lots with respect to zoning standards;

(3) Do not reduce park or open space dedication; and

(4) Do not change the classification of a street or reduce right-of-way dedication.

2. Major amendments to preliminary plats. All other proposed changes to the design of the Subdivision subject to an approved Preliminary Plat require submittal and approval of a new Preliminary Plat. This includes new fees, new reviews, new Official Vesting Date, and new Official Submittal Date before approval of Subdivision Construction Plans or a Final Plat.

3. No effect on final plats already filed based on previous preliminary plat. The new Preliminary Plat does not modify any phase of the Subdivision for which the Subdivider has filed a Final Plat (e.g., if the Subdivider has filed a Final Plat for phases 1 and 2, the new Preliminary Plat would affect only phases 3 and 4). However, the Preliminary Plat must include by reference those phases that have already been platted.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.3.5 Final plat.

A. Purpose. The purpose of a Final Plat is to ensure:

1. The proposed Subdivision or development is consistent with all standards of the UDC;

2. Public Facilities exist to serve the Subdivision or development, the City has accepted the Public Facilities, or the Subdivider has made provision for installation and acceptance; and

3. All other City requirements and conditions have been satisfied to allow the Final Plat to be recorded.

B. Applicability. No subdivision of land is allowed without approval of a Final Plat.

C. Exceptions. A Final Plat is not required if the Planning Director has granted approval of a Minor Plat (see Section 2.3.7, Minor Plat).

D. Ownership.

1. The applicant must furnish with the Final Plat application a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or other Proof of Ownership, identifying all persons having an ownership interest in the property subject to the Final Plat.

2. The Final Plat application must be signed by each owner, or by the representative of the owners authorized to sign legal documents for the owners and lienholder, giving consent to the platting of the property and to the dedications and covenants contained in the Final Plat.

E. Accompanying applications.

1. A Final Plat application must include complete and approved Subdivision Construction Plans, and Public Facilities must have either been constructed and accepted, or the Subdivider and City execute an Improvement Agreement and the Subdivider provides Fiscal Security in accordance with Section 2.4.4, Improvement Agreements and Fiscal Security.

2. Subdivision Construction Plans that involve the extension of Public Facilities not under the control of the City must be approved by the utility or provider before Construction Release.

3. Approval of the Final Plat and the Subdivision Construction Plans are separate and follow the processes specified in Section 2.3.5, Final Plat and Section 2.4.1, Subdivision Construction Plans.

4. A Final Plat application is not complete or considered filed until the City has approved all covenants required by the UDC or other City ordinances.

5. The Final Plat shall note any off-site or on-site easement or public right-of-way previously dedicated and filed of record as part of the Subdivision Construction Plans or previous development or includes space to include recording instrument number if Easement is recorded after approval.

6. A Final Plat application may not be filed until the City Council has approved any requested or required abandonment of public right-of-way or Easement and the Final Plat shows the abandonment ordinance number.

F. Prior approved preliminary plat. The Final Plat and all accompanying technical information such as plat notes, stamps, and signatures, shall conform to the approved Preliminary Plat, or as the Preliminary Plat may have been amended under subsection 2.3.4.L, incorporating all conditions imposed or required, if applicable.

G. Review by Planning Director. The Planning Director shall:

1. Initiate review of the Plat and materials submitted.

2. Upon determination that the application is ready to be acted upon, schedule the Final Plat for consideration on the agenda of the next available meeting of the Planning and Zoning Commission according to the time specified in Section 2.2.1, Applicability and Expiration.

H. Action by Planning and Zoning Commission.

1. Approval by the Planning and Zoning Commission is required for each Final Plat.

2. The Commission shall:

(i) Review the Final Plat, the findings of the Planning Director, and any other information available.

(1) From all such information, the Commission will determine whether the Preliminary Plat conforms to all requirements of the UDC and subsection 2.3.5.I, or, if there are variances, that they conform to a Subdivision Waiver in accordance with Section 2.6.1.

(ii) Act within thirty (30) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to 30-Day Action.

(1) If no decision is rendered by the Commission within the thirty (30) day period described above or such longer period as may have been agreed upon through a Waiver of Right to 30-Day Action, the Final Plat, as submitted, shall be deemed approved by the Commission.

(iii) Take one of the following actions:

(1) Approve the Final Plat;

(2) Approve the Final Plat with conditions, meaning the Final Plat is approved once the conditions are fulfilled, and until the conditions are fulfilled it is considered denied; or

(3) Deny the Final Plat.

(4) Decision for conditional approval or denial must be directly related to the requirements under TLGC Section 212.0091 and the UDC and must include a citation to the UDC that is the basis for the conditional approval or disapproval, and may not be arbitrary.

I. Final plat criteria for approval. The following criteria shall be used by the Commission to determine whether the application for a Final Plat shall be approved, approved with conditions, or denied.

1. With prior approved preliminary plat.

(i) The Final Plat conforms to the approved Preliminary Plat except for minor amendments that are authorized under Section 2.3.4.L and that may be approved without the necessity of revising the approved Preliminary Plat;

(ii) All conditions imposed at the time of approval of the Preliminary Plat, as applicable, have been satisfied;

(iii) The Final Plat has been prepared by a Registered Professional Land Surveyor registered in Texas;

(iv) The Subdivision Construction Plans conform to the requirements of Section 2.4.1, Subdivision Construction Plans and have been approved by the City Engineer;

(v) Where Public Facilities have been installed, the improvements conform to the approved Subdivision Construction Plans and have been accepted by the City Engineer;

(vi) Where the City Engineer has authorized Public Facilities to be deferred, an Improvement Agreement has been submitted by the property owner in conformity with subsection 2.4.4, Improvement Agreements and Fiscal Security and is executed by all applicable parties including the City;

(vii) The final layout of the Subdivision or development meets all standards for Adequate Public Facilities contained in this UDC;

(viii) The Final Plat conforms to design requirements and construction standards as set forth in adopted Technical Manuals; and

(ix) The Final Plat conforms to Plat application checklists maintained by the Planning Director, and to all other UDC regulations.

2. Simultaneous submittal with a preliminary plat.

(i) The Final Plat conforms to all criteria for approval of a Preliminary Plat;

(ii) The Subdivision Construction Plans conform to the requirements of Section 2.4 and have been approved by the City Engineer;

(iii) The City and Subdivider have executed an Improvement Agreement with Fiscal Security for installation of Public Facilities (see subsection 2.4.4, Improvement Agreements and Fiscal Security);

(iv) The final layout of the Subdivision or development meets all standards for a plat; and

(v) Each Plat conforms to Plat application checklists maintained by the Planning Director, and to all other UDC regulations.

J. Resubmission following conditional approval.

1. An applicant may resubmit a Final Plat application deemed conditionally approved by the Commission demonstrating that all conditions of approval have been satisfied.

2. The Planning Director shall:

(i) Initiate review of the Plat and materials submitted, and

(ii) Review the Final Plat, the conditions of approval imposed by the Commission, and any other information available.

(1) From all such information, the Planning Director will determine whether the Final Plat conforms to all requirements of the UDC and the conditions imposed by the Commission for approval, or, if there are waivers, that they conform to a Subdivision Waiver in accordance with Section 2.6.1.

(iii) Act within fifteen (15) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to Action.

(1) The Planning Director may defer the Final Plat to the Planning and Zoning Commission. In such case, the procedures shall be the same as the procedures for action on Resubmission Following Denial in Section 2.3.5.K.

(2) If no decision is rendered by the Planning Director within the fifteen (15) day period described above or such longer period as may have been agreed upon through a Waiver of Right to Action, the Preliminary Plat, as resubmitted, shall be deemed approved.

K. Resubmission following denial.

1. An applicant may resubmit a Final Plat application deemed denied by the Commission demonstrating that all deficiencies cited in the denial have been satisfied.

2. The Planning Director shall:

(i) Initiate review of the Plat and materials submitted, and

(ii) Upon determination that the application is ready to be acted upon, schedule the Final Plat for consideration on the agenda of the next available meeting of the Planning and Zoning Commission according to the time specified in Section 2.2.1.

3. The Commission shall:

(i) Review the Final Plat, the deficiencies cited by the Commission in the prior denial, and any other information available.

(1) From all such information, the Planning Director will determine whether the Final Plat conforms to all requirements of the UDC and whether the deficiencies citied by the Commission for denial have been remedied, or, if there are waivers, that they conform to a Subdivision Waiver in accordance with Section 2.6.1.

(ii) Act within fifteen (15) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to Action.

(1) If no decision is rendered by the Planning Director within the fifteen (15) day period described above or such longer period as may have been agreed upon through a Waiver of Right to Action, the Final Plat, as resubmitted, shall be deemed approved.

(iii) Take one of the following actions:

(1) Approve the Final Plat;

(2) Approve the Final Plat with conditions, meaning the Final Plat is approved once the conditions are fulfilled, and until the conditions are fulfilled it is considered denied; or

(3) Deny the Final Plat.

(4) Decision for conditional approval or denial must be directly related to the requirements under TLGC Section. 212.0091 and the UDC and must include a citation to the UDC that is the basis for the conditional approval or disapproval, and may not be arbitrary.

L. Procedures for final plat recordation upon approval. The Subdivider must supply to the Planning Director the required number of signed and executed copies of the Final Plat that will be needed to file the Plat with the County (in the County's required format) no more than thirty (30) calendar days after the date of approval.

1. General.

(i) After approval of the Final Plat, the Planning Director is responsible for obtaining the appropriate City signatures on the plat.

(ii) The Final Plat will be recorded after:

(1) Approval by the Planning and Zoning Commission;

(2) All required Public Facilities have been completed and accepted by the City or an Improvement Agreement has been executed and appropriate surety provided in accordance with subsection 2.4.4, Improvement Agreements and Fiscal Security; and

(3) The executed Final Plat meets County filing requirements and the Subdivider has paid all recording fees.

2. Submittal of final plat where improvements installed. When all required Public Facilities have been installed prior to recording the Final Plat, the applicant shall meet all requirements in accordance with Section 2.4, Subdivision Construction Plans and Procedures.

3. Update of proof of ownership. If there has been any change in ownership since the time of the Proof of Ownership provided under subsection 2.3.5.D, the Subdivider shall submit a new consent agreement executed by each owner and lienholder consenting to the platting of the property and the dedications and covenants contained in the Final Plat.

M. Effect of approval. The approval of a Final Plat:

1. Supersedes any prior approved Preliminary Plat for the same land.

2. If applicable, authorizes the Subdivider to install improvements in the public right-of-way in conformance with approved Subdivision Construction Plans or as provided under an Improvement Agreement (see Section 2.4, Subdivision Construction Plans and Procedures).

3. Authorizes the applicant to request Construction Release (see subsection 2.4.2.B.3, Construction Release) or issuance of a Building Permit.

N. Revisions following recording/recordation. Revisions may only be processed and approved as a Replat or Amending Plat, as applicable.

O. Signature blocks.

1. A City-specified Signature Block shall be used on the first page of the Final Plat.

2. The Planning Director will maintain a template of the required Signature Block.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.3.6 Short form final plat.

A. Purpose. The purpose of a Short Form Final Plat is to simplify divisions of land under certain circumstances as outlined in Texas Local Government Code Section 212.0065.

B. Applicability. An application for approval of a Short Form Final Plat may be filed only in accordance with State law, when each of the following circumstances apply:

1. The proposed division results in five (5) or more lots;

2. All lots in the proposed Subdivision front onto an existing public street and the construction or extension of a street or alley is not required to meet the requirements of the UDC; and

3. Except for public right-of-way or easement dedication, the Plat does not require the extension of any Public Facilities to serve any lot within the Subdivision.

C. Additional requirements. The application must also meet each of the following requirements to be considered a Short Form Final Plat:

1. The proposed Plat is for the subdivision of unplatted property into five (5) or more lots.

2. The Plat dedicates public right-of-way or easement as required in the UDC.

D. Short form final plat criteria for approval. The Planning Director will use the following criteria to determine whether the application for a Short Form Final Plat should be approved, approved with conditions, or deferred:

1. The Short Form Final Plat is consistent with all zoning requirements applicable to the property and all other requirements of the UDC that apply to the Plat;

2. The Short Form Final Plat has been prepared by a Registered Professional Land Surveyor registered in Texas;

3. The ownership, maintenance and allowed uses of all designated easements have been stated on the Plat directly or by reference to easements created by separate instruments; and

4. Except for dedicating right-of-way or easements, the Plat does not require the extension of any Public Facilities to serve any lot within the Subdivision.

E. Action by the Planning Director and Planning and Zoning Commission. Action by the Planning and Planning and Zoning Commission shall be identical to Section 2.3.5.H.

F. Resubmission following conditional approval. Resubmission following conditional approval shall be identical to Section 2.3.5.J.

G. Resubmission following denial. Resubmission following denial shall be identical to Section 2.3.5.K.

H. Procedures for short form final flat recordation following approval. The procedures for recordation of a Short Form Plat shall be the same as the procedures for recordation of a Final Plat (see subsection 2.3.5.L).

I. Revisions following approval. Revisions to a Short Form Final Plat may only be processed and approved as a Replat or Amending Plat, as applicable.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.3.7 Minor Plat.

A. Purpose. The purpose of a Minor Plat is to simplify divisions of land under certain circumstances as outlined in TLGC Section 212.0065.

B. Applicability. An application for approval of a Minor Plat may be filed only in accordance with State law, when all of the following circumstances apply:

1. The proposed Plat would create four (4) or fewer lots;

2. All lots in the proposed Subdivision front onto an existing public street and the construction or extension of a street or alley is not required to meet the requirements of the UDC; and

3. Except for dedication of public right-of-way or easements, the Plat does not require the extension of any Public Facilities to serve any lot within the Subdivision.

C. Additional requirements. The application must also meet the following requirements to be considered a Minor Plat:

1. The proposed Plat is for the Subdivision of one lot into four (4) or fewer lots;

2. Multiple Minor Plats may not be used to subdivide and plat more than four (4) lots. No more than one (1) Minor Plat will be approved from the same parent tract or multiple adjacent tracts under a single ownership, or by any person or entity or group or persons or entities who may acquire the property for development during any twenty-four (24) month period; and

3. The Plat dedicates public right-of-way or easement as required by the UDC.

D. Minor plat criteria for approval. The Planning Director will use the following criteria to determine whether the application for a Minor Plat should be approved, approved with conditions, or deferred:

1. The Minor Plat is consistent with all zoning requirements applicable to the property, any approved Improvement Agreement (if applicable), and all other requirements of the UDC that apply to the Plat;

2. The Minor Plat has been prepared by a Registered Professional Land Surveyor registered in Texas;

3. All lots to be created by the plat already are adequately served by improved public street access and by all required Public Facilities and services, as applicable;

4. The ownership, maintenance and allowed uses of all designated easements have been stated on the Minor Plat directly or by reference to easements created by separate instruments; and

5. Except for dedicating right-of-way and easements, the plat does not require the extension of any Public Facilities to serve any lot within the Subdivision.

E. Action by Planning Director. The Planning Director shall:

1. Initiate review of the Plat and materials submitted;

2. Determine whether the Minor Plat meets the regulations of the UDC;

3. Act within thirty (30) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to 30-Day Action as outlined in subsection 2.2.1.D.

(i) If no decision is made by the Planning Director within the thirty (30) day period, or if the Planning Director has not deferred the application to the Planning and Zoning Commission for decision, within the thirty (30) day period described above or such longer period as may have been agreed through a Waiver of Right to 30-Day Action, the Minor Plat is approved as submitted.

4. Take one of the following actions:

(i) Approve the Minor Plat;

(ii) Approve the Minor Plat with conditions, meaning the Minor Plat is approved once the conditions are fulfilled, and until the conditions are fulfilled it is considered denied; or

(iii) Defer the Minor Plat to the Planning and Zoning Commission with sufficient time for the Commission to consider the Plat prior to expiration of the required 30-day approval period, unless a Waiver of Right to 30-Day Action is submitted in accordance with subsection 2.2.1.D.

(iv) In accordance with TLGC Section 212.0065, the Planning Director may not disapprove the Minor Plat, but will refer any plat he or she refuses to approve to the Commission.

F. Deferral of decision of a minor plat application. If the Planning Director defers the Minor Plat to the Planning and Zoning Commission per subsection 2.3.7.F.4, the procedures shall be the same as the procedures for action on a Final Plat.

G. Resubmission following conditional approval.

1. An applicant may resubmit a Minor Plat application deemed conditionally approved by the Planning Director or Commission demonstrating that all conditions of approval have been satisfied.

2. The Planning Director shall:

(i) Initiate review of the Plat and materials submitted, and

(ii) Review the Minor Plat, the conditions of approval imposed by the Planning Director or Commission, and any other information available.

(1) The Planning Director may defer the Minor Plat to the Planning and Zoning Commission. In such case, the procedures shall be the same as the procedures for action on Resubmission Following Denial in Section 2.3.7.I.

(2) If no decision is rendered by the Planning Director within the fifteen (15) day period described above or such longer period as may have been agreed upon through a Waiver of Right to Action, the Minor Plat, as resubmitted, shall be deemed approved.

(iii) Act in accordance with Section 2.3.7.F and Section 2.3.7.G within fifteen (15) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to Action.

(1) If no decision is rendered by the Planning Director or Commission within the fifteen (15) day period described above or such longer period as may have been agreed upon through a Waiver of Right to Action, the Minor Plat, as resubmitted, shall be deemed approved.

H. Resubmission following denial.

1. An applicant may resubmit a Minor Plat application deemed denied by the Commission demonstrating that all deficiencies cited in the denial have been satisfied.

2. The Planning Director shall:

(i) Review the Minor Plat, the deficiencies cited by the Commission in the prior denial, and any other information available.

(1) From all such information, the Planning Director will determine whether the Minor Plat conforms to all requirements of the UDC and whether the deficiencies citied by the Commission for denial have been remedied, or, if there are waivers, that they conform to a Subdivision Waiver in accordance with Section 2.6.1.

(ii) Act in accordance with Section 2.3.7.F and Section 2.3.7.G within fifteen (15) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to Action.

(1) If no decision is rendered by the Planning Director or Commission within the fifteen (15) day period described above or such longer period as may have been agreed upon through a Waiver of Right to Action, the Minor Plat, as resubmitted, shall be deemed approved.

I. Procedures for minor plat recordation following approval. The procedures for recordation of a Minor Plat shall be the same as the procedures for recordation of a Final Plat (see subsection 2.3.5.L).

J. Revisions following approval. Revisions may only be processed and approved as a Replat or Amending Plat, as applicable.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.3.8 Replat.

A. Purpose and applicability.

1. A Replat of all or a portion of a recorded Plat may be approved in accordance with TLGC Section 212.014 without vacation of the recorded Plat, if the Replat:

(i) Is signed and acknowledged by only the owners of the property being replatted;

(ii) Is approved by the Planning and Zoning Commission; and

(iii) Does not propose to amend or remove any Covenants or Restrictions previously incorporated in the recorded Plat.

2. A Replat shall be subject to approval by the Commission.

B. Published notice of the public hearings on a Replat application shall be given in accordance with subsection 2.3.8.F.2 if applicable.

C. The application requirements for a Replat of a Subdivision are the same as the application requirements of a Final Plat (see subsection 2.3.5), unless otherwise noted. The applicant must acknowledge in writing and on the face of the Plat that the Replat will not amend or remove any Private Covenants or Restrictions previously incorporated in the recorded Plat.

D. If a Replat is submitted for only a portion of a previously platted subdivision, the Replat must:

1. Reference the previous Subdivision name and recording information;

2. Must state on the Replat the specific lots which are being changed along with a detailed "Purpose for Replat" statement (i.e., "The purpose of this replat is to create multiple lots from a single lot."); and

3. Include a visual location map showing the area to be replatted overlaid onto the full, previous plat of the entire subdivision.

E. Criteria for approval.

1. The Replat of the Subdivision must meet all review and approval criteria for a Final Plat (see subsection 2.3.5.I). For purposes of conformance with the Preliminary Plat, the visual location map required in subsection (D)(3) above shall satisfy this requirement by showing that the area to be replatted is within the bounds of the original plat.

2. The Replat must be prepared by a Registered Professional Land Surveyor registered in Texas;

F. Additional requirements for "certain" replats.

1. Applicability of "certain" replats. Pursuant to TLGC Section 212.015, a Replat without vacation of the preceding Plat must conform to the requirements of this subsection 2.3.8 if:

(i) During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to R-1, R-2, or R-3 for residential use with no more than two (2) residential units per lot (see Section 3.2); or

(ii) 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 and public hearing requirements for "certain" replats. In accordance with TLGC Section 212.015(a) through (d), if the proposed Replat is accompanied by a Petition for Subdivision Waiver, notice of the required public hearing shall be given before the fifteenth (15th) calendar day before the date of the hearing by:

(i) Publication in an official newspaper or a newspaper of general circulation in the City; and

(ii) Written notice, with a copy of TLGC Section 212.015(c) attached, forwarded by the City to the owners of lots that are:

Figure 2.3.8-1: Notification Within Original Platted [Subdivision]

(1) Within the original Subdivision; and

(2) Within two hundred (200) feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a Subdivision within the ETJ, the most recently approved applicable county tax roll of the property upon which the Replat is requested (see Figure 2.3.8-1).

(iii) The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the City.

(iv) The personal notice of a Replat will give the name of the applicant, the time, place, and purpose of the hearing, and identify the subject property by address if applicable, by lot and block designation and/or other applicable legal description, and on a map.

(v) Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization.

(vi) The Planning and Zoning Commission will conduct the hearing in accordance with Texas Government Code Chapter 551 and keep minutes of the proceedings, including the decision of the Commission.

3. Protest.

(i) If the Replat is accompanied by a Petition for Subdivision Waiver per subsection 2.6.1 and is protested in accordance with this subsection 2.3.8.F.3, approval of the Replat shall require the affirmative vote of at least three-fourths of the voting members of the Commission present at the meeting.

(ii) For a legal protest, written instruments signed by the owners of at least twenty (20) percent of the area of the lots or land immediately adjoining the area covered by the Replat and extending two hundred (200) feet from that area, but within the original Subdivision, must be filed with the Commission prior to the close of the public hearing. A copy must also be filed with the City Secretary.

(iii) The area of streets and alleys shall be included in the area computations (see TLGC Section 212.015(d)).

(iv) Subsections 2.3.8.F.2 and F.3 above do not apply 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.

(1) A condo is considered a Multi-Family use and does not apply under this subsection 2.3.8.F.3.

(v) Denial of the waiver under this subsection 2.3.8.F.3 means disapproval of the Replat.

4. Notice requirements for other "certain" replats.

(i) In accordance with TLGC Section 212.015(a), (f), and (g), if the proposed Replat is not accompanied by a Petition for Subdivision Waiver, notice of the approved Replat will be given in the following manner:

(1) Not later than the 15th day after the date the Replat is approved, 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 municipality or county tax roll. This subsection does not apply to a proposed replat if the Planning and Zoning Commission or the City Council holds a public hearing and gives notice of the hearing in the manner provided by subsection 2.3.8.F.2.

(2) The notice of a replat approval required by this subsection 2.3.8.F.4 must include:

(a) The zoning designation of the property after the Replat; and

(b) A telephone number and e-mail address an owner of a lot may use to contact the City about the Replat.

G. Replat review and approval. The review, approval and recording processes for a Replat shall be the same as the review, approval and recording processes for a Final Plat described in subsection 2.3.5.G. through 2.3.5.O (except for the special public hearing and notice requirements described in Subsection 2.3.8.F.4, Notice and Public Hearing Requirements for "Certain" Replats).

H. Effect. Upon approval, the Replat may be recorded and is controlling over the previously recorded Plat for the portion replatted.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.3.9 Amending plat.

A. Purpose. The purpose of an Amending Plat is to provide an expeditious means of making minor revisions to a recorded Plat consistent with provisions of State law.

B. Applicability. The procedures for an Amending Plat apply only if the sole purpose of the Amending Plat is to achieve one or more of the following purposes:

1. Error corrections or administrative adjustments.

(i) Correct an error in a course or distance shown on the preceding Plat;

(ii) Add a course or distance that was omitted on the preceding Plat;

(iii) Correct an error in a real property description shown on the preceding Plat;

(iv) Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor responsible for setting monuments;

(v) 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;

(vi) 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; or

(vii) Correct an error in courses and distances of lot lines between two adjacent lots if:

(1) Both lot owners join in the application for amending the Plat;

(2) Neither lot is abolished;

(3) The amendment does not attempt to remove or amend recorded Private Covenants or Restrictions; and

(4) The amendment does not have a material adverse effect on the property rights of the other owners in the Plat.

2. Relocate lot lines.

(i) Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement.

(ii) Relocate one or more Lot Lines between one or more adjacent lots if:

(1) The owners of all those lots join in the application for amending the Plat;

(2) The amendment does not attempt to remove or amend recorded Private Covenants or Restrictions; and

(3) The amendment does not increase the number of lots.

3. Replatting six or fewer lots.

(i) Make necessary changes to the preceding Plat to create six (6) or fewer lots in the Subdivision or a part of the Subdivision covered by the preceding Plat if:

(1) The changes do not affect applicable zoning and other regulations of the UDC; and

(2) The changes do not attempt to amend or remove any Private Covenants or Restrictions.

(ii) Replat one or more lots fronting on an existing street if:

(1) The owners of all those lots join in the application for amending the Plat;

(2) The amendment does not attempt to remove Private Covenants or Restrictions;

(3) The amendment does not increase the number of lots; and

(4) The amendment does not create or require the creation of a new street or extension of Public Facilities.

C. Notice not required. The approval and issuance of an Amending Plat shall not require notice to or a hearing for neighboring or other property owners unrelated to the property in the plat being amended.

D. Action by Planning Director. The Planning Director shall:

1. Initiate review of the Plat and materials submitted.

2. Determine whether the Amending Plat meets the regulations of the UDC.

3. Act within thirty (30) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to 30-Day Action as outlined in subsection 2.2.1.D.

4. Take one of the following actions:

(i) Approve the Amending Plat;

(ii) Approve the Minor Plat with conditions, meaning the Amending Plat is approved once the conditions are fulfilled, and until the conditions are fulfilled it is considered denied; or

(iii) Defer the Amending Plat to the 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 subsection 2.2.1.D.

(iv) In accordance with TLGC Section 212.0065, the Planning Director may not disapprove the Amending Plat, but will refer any plat he or she refuses to approve to the Commission.

E. Deferral of decision of an amending plat application. If the Planning Director defers the Amending Plat to the Planning and Zoning Commission and City Council per subsection 2.3.9.D.4, the procedures shall be the same as the procedures for action on a Final Plat.

F. Resubmission following conditional approval. The process for resubmission following Conditional Approval shall be identical to Section 2.3.7.H.

G. Resubmission following denial. The process for resubmission following Denial shall be identical to Section 2.3.7.I.

H. Procedures for amending plat recordation following approval. The procedures for recordation of a Amending Plat shall be the same as the procedures for recordation of a Final Plat (see subsection 2.3.5.L).

I. Revisions following approval. Revisions may only be processed and approved as a Replat or Amending Plat, as applicable.

(Ordinance 475 adopted 6/28/22)

§ 2.3.10 Development plat.

A. Purpose. This section is adopted pursuant to TLGC, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended and provides for the division of land and provision of Public Facilities for development as an alternative to a Preliminary and Final Plat.

B. Applicability. This section applies to any land lying within the City or within its extraterritorial jurisdiction when construction is proposed on any building, structure, or improvement of any nature, whether Residential, Non-Residential, or Mixed-Use, in the following circumstances:

1. Construction is proposed on a tract of land that has not been platted or replatted prior to the effective date of this chapter, unless expressly exempted herein;

2. The property owner claims an exemption from the City's subdivision ordinance, including requirements to replat, which exemption is not expressly provided for in this UDC;

3. The only access to the property is a private street, right-of-way, or easement; and

4. The development will divide a tract of land into parcels greater than five (5) acres in size, and no Public Facilities will be dedicated.

C. Exceptions and limitations.

1. The City will not require a Development Plat where the land to be developed has received approval of a Final Plat or Replat approved prior to the date of adoption of this UDC.

2. The City will not approve a Development Plat for detached Single-Family Residential development.

3. The City Council may, of its own discretion, exempt other proposed divisions of land from requirements of this section.

D. Development plat required prior to construction.

1. Construction may not commence, nor shall the Subdivider obtain a building permit, or permit for connection of any Public Facility including a utility connection permit, electrical connection permit or similar permit, for any construction subject to this section, until the City Council has approved a Development Plat.

2. Within the ETJ, the City will not require or enforce the issuance of a Building Permit but will require Letters of Certification prior to approval of a Development Plat.

E. Criteria for approval. No Development Plat shall be approved that does not meet the following standards unless specifically waived by City Council:

1. The Development Plat and proposed Subdivision conform to the Comprehensive Plan, this UDC, and the City's Technical Manual with regard the following:

(i) Current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities;

(ii) The extension, improvement, or widening of City roads, streets, and public highways within the City and the ETJ, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and

(iii) Any general plans, rules, or ordinances adopted under TLGC Section 212.044 the City has adopted to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City.

2. The Subdivision conforms to the requirements of the underlying zoning, if located within the City Limits;

3. The Subdivision is served by Adequate Public Facilities, including streets constructed to the standards of this UDC and the City's Technical Manual, as well as parks and open space in conformance with this UDC;

4. The Subdivision meets or exceeds the City's requirements for nonpoint source pollution controls, either on-site or off-site and dedicates adequate easements for all facilities;

5. If public sanitary sewer is not available, not elected, or lots cannot be individually served by public sanitary sewer, the Subdivision conforms to TCEQ and City rules related to on-site sewage facilities;

6. Any applicable Development Agreement has been approved and all other dedications provided in a format acceptable to the City; and

7. The Subdivision conforms in all other ways to the design and improvement standards contained in this UDC and the Technical Manual.

F. Conditions. The City Council may impose such conditions on the approval of the Development Plat are necessary to ensure compliance with the standards in subsection 2.3.10.E.

G. Submittal requirements.

1. Consistent with TLGC 212.045, a Development Plat must be prepared by a registered Professional Land Surveyor and depict the following, at a minimum:

(i) Existing or proposed buildings, structures, or improvements.

(ii) Each easement and right-of-way within or abutting the boundary of the surveyed property.

(iii) The dimensions of each street, sidewalk, alley, square, park, or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots, including a condominium scheme in which buildings front on or adjacent to the street, sidewalk, alley, square, park, or other part.

2. The Planning Director may reasonably require other information to be shown on the Development Plat or as a supplement to the Development Plat prior to making a recommendation.

H. Process for approval.

1. An application for a Development Plat shall be submitted to the City and processed in the same manner as a Final Plat.

2. The Planning Director will forward the Development Plat to the Planning and Zoning Commission with a recommendation.

3. Act within thirty (30) calendar days following the Official Submittal Date, unless the applicant submits a Waiver of Right to 30-Day Action as outlined in subsection 2.2.1.D.

4. The Planning and Zoning Commission shall review the Development Plat and issue a recommendation to the City Council to approve, approve with conditions, or deny the Development Plat based on non-conformity with this Section.

5. The City Council shall, within thirty (30) calendar days of the Planning & Zoning Commission Recommendation, approve, approve with conditions, or deny the Development Plat.

I. Effect of approval or conditional approval.

1. If the City Council approves with conditions, the Development Plat is considered denied until the conditions have been met.

2. The Development Plat is subject to the same vesting, expiration, and extension process as a Preliminary Plat.

J. Recordation of development plat. Upon approval, the Development Plat shall be filed and recorded with the County in the same manner as prescribed for a Final Plat.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)

§ 2.3.11 Plat vacation.

A. Purpose. The purpose of a Plat Vacation is to provide an expeditious means of vacating a recorded Plat in its entirety, consistent with TLGC Chapter 212.

B. Initiation of a plat vacation.

1. By property owner. The owner of property 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 original Plat have been sold, an application to vacate the plat must be submitted by all the owners of property in the Plat with approval obtained in the manner prescribed for the original plat.

3. City Council. The City Council, on its own motion, may initiate a Vacation application if the Council determines that the Plat should be vacated in the interest of and to protect the public's health, safety, and welfare if:

(i) No lots within the approved Plat have been sold within five (5) years following the date that the Final Plat was approved by the City; or

(ii) The property owner has breached an Improvement Agreement, and the City is unable to obtain funds with which to complete construction of Public Facilities, except that the vacation shall apply only to lots owned by the property owner or its successor; or

(iii) The Plat has been of record for more than five (5) years, and the City Council determines that the further sale of lots within the Subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.

C. Review and recommendation by the Director of Planning. The Planning Director shall:

1. Initiate review of the Plat Vacation application and materials submitted.

2. Recommend action on Plat Vacation to the City Council.

D. Action by the City Council. The City Council shall:

1. Take one of the following actions consistent with the manner prescribed for the original Plat:

(i) Approve the Plat Vacation;

(ii) Approve the Plat Vacation with conditions, which shall mean that the Plat Vacation shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or

(iii) Deny the plat vacation.

2. The City Council's decision on a Plat Vacation shall be final.

E. If the City Council adopts a resolution vacating a plat, the City shall record a copy of the resolution with the County Clerk's Office.

F. Effect of vacation.

1. Upon the execution and recording of the vacating instrument, the previous Plat shall no longer be in effect.

2. Regardless of the City Council's action on the petition, the applicant will 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 the City except as may have previously been agreed to by the City Council.

3. 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.

4. The City Council, at its discretion, shall have the right to retain all or specific portions of road right-of-way or easements shown on the Plat being considered for vacation. However, the City Council shall consider Plat Vacation upon satisfactory conveyance of easements or right-of-way in a separate legal document using forms provided by the City Attorney's office.

(Ordinance 475 adopted 6/28/22)

§ 2.3.12 Development agreements.

A. Purpose and applicability.

1. A Development Agreement may present an alternative plan for development that could not otherwise be accomplished under the UDC under TLGC Section 212.172, Subchapter G.

2. This Section shall apply to any new Agreement, amendments to existing Development Agreements, Agreements regarding Public Improvement or Municipal Utility - or any other special Districts.

3. Any property subject to a Development Agreement shall be required to obtain a Building Permit and Certificate of Occupancy.

B. Review process.

1. Initiation of a Development Agreement is made upon:

(i) Application of a property owner or their authorized agent;

(ii) Recommendation of the City Council;

(iii) Recommendation of the Planning and Zoning Commission or appropriate board or commission; and

(iv) Recommendation of the Planning Director in reliance upon other staff as detailed in subsection 2.3.12.B.5 below;

2. Amendment to an existing agreement. If the request is for amendment of an existing Development Agreement, initiation and procedures for amendment will be according to the procedures in the Agreement itself. If the Agreement specifies no procedures for amendment, the procedures specified in this subsection 2.3.12 apply as if the amendment were a new request.

3. Property owner consent required. Nothing within this Subsection 2.3.12, or the UDC, shall give the Council or any other agent of the City of Bee Cave the authority to initiate a Development Agreement or to initiate an amendment to an existing Development Agreement without the written consent of the owner of the property that is the subject of the agreement or contrary to the laws of the State of Texas.

4. The City will not process other applications associated with the same property until City Council approves the Development Agreement.

5. Staff review.

(i) Applications shall be reviewed by the Planning Director as well as other staff the Planning Director deems necessary for the effective review of the application based on the functional areas needed.

(1) Other staff may consist of the City Engineer, City Attorney, Finance Director, Public Works Director, City Manager, their designees, or any other staff assigned to the Committee.

(ii) The Planning Director shall review the application, consider the Approval Criteria, and prepare a report to the Planning and Zoning Commission and City Council.

(iii) The Planning Director may establish procedures for administrative review necessary to ensure compliance with the UDC and State Law.

(iv) The Planning Director's report may include a recommendation for final action.

6. Board or commission review. The Planning and Zoning Commission shall hear the report of the Planning Director and make a recommendation to the City Council to approve, approve with modifications, or to deny the request for a Development Agreement.

7. City Council final action.

(i) The City Council shall hear the report of the Committee and the Planning and Zoning Commission and take final action on the proposed Development Agreement or amendment.

(ii) The Development Agreement or amendment will become effective in the manner provided by the City Charter and State Law.

(iii) All outstanding application, staff, and legal fees must be paid in full to the City prior to the execution of the agreement.

C. Approval criteria. In determining whether to approve, approve with modifications or disapprove a proposed Development Agreement or amendment, the City Council shall consider the following criteria:

1. The proposed agreement promotes the health, safety, or general welfare of the City and the safe orderly, and healthful development of the City.

2. The proposed agreement is consistent with the Comprehensive Plan.

D. Stay of related zoning and platting applications. A request for a Development Agreement will stay all other development-related requests associated with the subject property. Until the Development Agreement or amendment has been approved and executed, the City will not process or consider filed any application for Zoning, Platting, Site Plan, Subdivision Construction Plans, Construction Permit, or related permit controlled by the terms of the Development Agreement.

(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)