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)
See Section 1.3, Pre-Application Meeting.
(Ordinance 475 adopted 6/28/22)
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)
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:
C.
Preliminary plat submittal.
1.
Preliminary and other types of plans required before submittal.
(i)
An application for a Preliminary Plat shall not be considered
filed under State Law until the following have been received and approved:
(1)
Letters of Certification (see Section 1.4.1);
(2)
Preliminary Drainage Plan (see Section 7.2.1.H);
(3)
Preliminary Utility Plan (see Section 2.5.14.C);
(4)
Other plans if deemed necessary for thorough review
by the Planning Director or the City Engineer, such as a Planned Development
District documents;
(5)
Approved Petition for Subdivision Waiver, as applicable;
(6)
Approved Zoning Change request, if the Preliminary
Plat relies on successful request for Zoning Change.
(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. Following issuance of a Certificate
of Completeness (see subsection 1.4.2.E, Application Considered Complete),
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)
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 is not complete or considered filed
until the City approves Subdivision Construction Plans, and Public
Facilities 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 is not complete or considered 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, Completeness,
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 2.3.12 [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 2.3.12 [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 2.3.12 [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.
(Ordinance 475 adopted 6/28/22)
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.
Letter of certification required. Each Short Form Final Plat application
must include required Letters of Certification (see Section 1.4.1,
Letters of Certification).
D.
Additional requirements. The application must also meet each of the
following requirements to be considered a Short Form Final Plat:
E.
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.
F.
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.
G.
Resubmission following conditional approval. Resubmission following
conditional approval shall be identical to Section 2.3.5.J.
H.
Resubmission following denial. Resubmission following denial shall
be identical to Section 2.3.5.K.
I.
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).
J.
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)
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.
Letter of certification required. Each Minor Plat application must
include required Letters of Certification (see Section 1.4.1, Letters
of Certification).
D.
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;
3.
The Plat dedicates public right-of-way or easement as required
by the UDC; and
4.
The Applicant must include any applicable Letter of Certification.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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).
K.
Revisions following approval. Revisions may only be processed and
approved as a Replat or Amending Plat, as applicable.
(Ordinance 475 adopted 6/28/22)
A.
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 2.3.7 [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 3.1.7 [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.
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)
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.
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:
(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)
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.
Prior to acceptance of an application for a Development Plat,
the Subdivider must provide all necessary Letters of Certification.
3.
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.
Once the Planning Director has issued a Certificate of Completeness,
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.
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)
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.
D.
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)
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
2.3.13 [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.
Completeness determination. Applications shall be subject to
subsection 2.2.1, Applicability, Completeness, and Expiration. 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:
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)
