Any owner or Developer of any lot, tract, or parcel of land
located within the corporate limits of the City or within its jurisdiction
who wishes to subdivide such land shall conform to the process shown
in Figure 53 or Figure 54.
Figure 53. Summary of the Subdivision Process (Hold Final
Plat)
|
|
Figure 54. Summary of the Subdivision Process (Security)
|
Pre-Application Meeting
|
|
Pre-Application Meeting
|
Optional meeting to discuss proposal with City staff
|
|
Optional meeting to discuss proposal with City staff
|
|
|
|
Sketch Plan
|
|
Sketch Plan
|
Generalized layout of a larger site or phased development, if
applicable
|
|
Generalized layout of a larger site or phased development, if
applicable
|
|
|
|
Preliminary Plat
|
|
Preliminary Plat
|
Detailed layout of the site to be developed
|
|
Detailed layout of the site to be developed
|
|
|
|
Construction Plans
|
|
Construction Plans, Final Plat Application, and Security
|
Construction details for the proposed improvements
|
|
Construction detail, application for Final Plat, and required
security
|
|
|
|
Construction of the Improvements
|
|
Final Plat
|
Construction of the improvements
|
|
Final Plat approved and filed
|
|
|
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Inspection and Acceptance
|
|
Construction of Improvements
|
Inspection of the improvements and letter of acceptance
|
|
Construction of the improvements
|
|
|
|
Final Plat
|
|
Inspection and Acceptance
|
Filed with the County once improvements have been accepted by
the City
|
|
Inspection of the improvements and letter of acceptance
|
|
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Zoning Procedures
|
|
Zoning Procedures
|
Site Plan, Building Permit, Construction, Certificate of Occupancy
|
|
Site Plan, Building Permit, Construction, Certificate of Occupancy
|
(Ordinance 2017-13 adopted 10/2/2017)
See Subsection
1.04. Pre-Application Meeting.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Purpose. The purpose of a Sketch Plan shall be to serve as a visual aid to the Applicant and Director of Planning during the Pre-Application Meeting (Subsection
1.04.), particularly for larger or phased developments. The Sketch Plan is intended to identify major development considerations such as utilities, roadways, drainage concerns, Comprehensive Plan elements, specific neighborhood characteristics, and historic information.
B.
Sketch Plan for the Pre-Application Meeting.
1.
A Sketch Plan shall be prepared by the Applicant. The Applicant
shall provide a Sketch Plan a minimum of 48 hours prior to a scheduled
Pre-Application Meeting.
2.
The Sketch Plan shall show the entire property ownership and
any approved Planned Development (PD)’s Planned Development
Master Plan if applicable.
C.
Sketch Plan Standards. The Sketch Plan shall be a freehand pencil
sketch or computer drawn sketch to approximate scale and shall show
the following elements:
3.
The boundaries of the original property in its entirety,
4.
Proposed improvements, and
5.
Other significant features, as requested by the City.
(Ordinance 2017-13 adopted 10/2/2017)
Table 32 is a summary of the various plat types. In the event
of a conflict with this table, the applicable plat section regulations
shall apply.
Table 32. Summary of Plat Types
|
---|
Plat Type
|
Use
|
Approval
Authority
|
Notes
|
---|
Sketch Plan
|
Visual aid during voluntary Pre-Application Meeting before a
Preliminary Plat
|
N/A
|
Required if the Applicant chooses to have a Pre-Application
Meeting
|
Preliminary Plat
|
Required before a Final Plat
|
P&Z
|
|
Final Plat
|
Required to record subdivision of property
|
P&Z
|
Final Plat can be held from recording until improvements have
been properly installed, or filed before construction with the appropriate
surety.
|
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.
|
Amending Plat
|
Minor revisions to a recorded Plat
|
Director
|
|
Plat Vacation
|
Vacate a previously recorded Plat
|
City Council
|
|
(Ordinance 2017-13 adopted 10/2/2017)
A.
Purpose. The purpose of a Preliminary Plat shall be to determine
the general layout of the subdivision, the adequacy of public facilities
needed to serve the intended development, and the overall compliance
of the land division with applicable requirements of these Subdivision
Regulations and Development Standards.
B.
Applicability. No subdivision of land shall be allowed without
proper submittal, approval, and adoption of a Preliminary Plat.
C.
Exceptions. A Preliminary Plat is not required when a Minor
Plat is submitted (refer to 3.03.07. Minor Plat).
D.
Accompanying Applications.
1.
Preliminary and Other Types of Plans.
a.
An Application for a Preliminary Plat shall be accompanied by
the following:
i.
Preliminary Drainage Plan (see 3.05.12.I);
ii. Preliminary Utility Plan (see 3.05.13.C); and
iii. Other plans if deemed necessary for thorough review
by the Director of Planning or the City Engineer, such as a Conveyance
Plat or Planned Development Master Plan.
b.
Approval of each shall be separate and in accordance with this
3.03.05. Preliminary Plat.
2.
Current Title Commitments. The Applicant shall furnish with
the Application to the City 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
some other acceptable proof of ownership, identifying all persons
having an ownership interest in the property subject to the Preliminary
Plat.
E.
Review by Director of Planning. The Director of Planning shall:
1.
Initiate review of the plat and materials submitted (including
the required Preliminary Drainage Plan and Preliminary Utility Plan).
2.
Make available Plats and reports to the Commission for review.
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.
F.
Action by the Planning and Zoning Commission.
1.
Approval by the Planning and Zoning Commission is required for
all Preliminary Plats.
2.
The Commission shall:
a.
Review the Preliminary Plat Application, the findings of the
Director of Planning, and any other information available.
i.
From all such information, the Commission shall determine whether
the Preliminary Plat conforms to these Subdivision Regulations and
Development Standards.
b.
Act within thirty (30) calendar days following the Official
Submission Date, unless the Applicant submits a Waiver of Right to
30-Day Action as outlined in 3.02.01.D.
i.
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, the Preliminary Plat, as submitted, shall be deemed
approved by the Commission.
c.
Take one of the following actions:
i.
Approve the Preliminary Plat;
ii. Approve the Preliminary Plat with conditions, which
shall mean that the Preliminary Plat 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 Preliminary Plat.
G.
Criteria for Approval. The following criteria shall be used
by the Commission to determine whether the Application for a Preliminary
Plat shall be approved, approved with conditions, or denied:
1.
All Plats must be drawn to conform to the zoning regulations
currently applicable to the property. If a zoning change for the property
is proposed, then the zoning change must be completed before the approval
of any Preliminary Plats/Final Plats;
2.
No Plat or Replat may be approved that leaves a structure located
on a nonconforming lot.
3.
The Preliminary Plat is consistent with any approved Improvement
Agreement;
4.
The proposed provision and configuration of Public Improvements
including, but not limited to, roads, water, wastewater, storm drainage,
park facilities, open spaces, habitat restoration, easements and Right-of-Way
are adequate to serve the development, meet applicable standards of
these Subdivision Regulations and Development Standards, 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 Engineering Criteria Manual;
7.
The Preliminary Plat is consistent with the adopted Comprehensive
Plan, except where application of the Plan may conflict with State
law;
8.
The Preliminary Plat is consistent with an approved Conveyance
Plat.
9.
The proposed development represented on the Preliminary Plat
does not endanger public health, safety or welfare; and
10.
The Preliminary Plat conforms to the Director of Planning’s
subdivision Application checklists.
H.
Effect of Approval.
1.
The approval of a Preliminary Plat shall allow the Applicant
to proceed with the development and platting process by submitting
Construction Plans (3.04.01.) and a Final Plat (3.03.06.).
2.
Approval of the Preliminary Plat shall be deemed general approval
of the subdivision’s layout only, and shall not constitute approval
or acceptance of Construction Plans or a Final Plat.
I.
Expiration.
1.
Two-Year Validity.
a.
The approval of a Preliminary Plat shall remain in effect for
a period of two (2) years following the date of approval, during which
period the Applicant shall submit and receive approval for Construction
Plans and a Final Plat for the land area shown on the Preliminary
Plat.
b.
If Construction Plans and a Final Plat Application have not
been approved within the two (2) year period, the Preliminary Plat
shall expire.
2.
Relationship to Construction Plans. A Preliminary Plat shall
remain valid for the period of time in which approved Construction
Plans are valid (3.04.01.G. Expiration Date for 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
shall expire unless an extension is granted as provided in J below.
4.
Void If Not Extended. If the Preliminary Plat is not extended
as provided in J below, it shall expire and shall become null and
void.
J.
Preliminary Plat Extension. A Preliminary Plat may be extended
for a period not to exceed one (1) year beyond the Preliminary Plat’s
expiration date. A request for extension shall be submitted to the
Director of Planning in writing at least thirty (30) calendar days
prior to expiration of the Preliminary Plat, and shall include reasons
why the Preliminary Plat should be extended.
1.
Decision by the Director of Planning.
a.
The Director of Planning will review the extension request and
shall approve it, approve it with conditions, or deny the extension
request within thirty (30) calendar days following the Official Vesting
Date of the request.
b.
Should the Director of Planning fail to act on an extension
request within thirty (30) calendar days, the extension shall be deemed
to be approved.
2.
Considerations. In considering an extension, the Director of
Planning shall consider whether the following conditions exist:
a.
A Final Plat has been submitted or approved for any portion
of the property shown on the Preliminary Plat;
b.
Construction Plans have been submitted or approved for any portion
of the property shown on the Preliminary Plat;
c.
Construction is occurring on the subject property;
d.
The Preliminary Plat complies with new ordinances that impact
the health, safety and general welfare of the community; or
e.
If there is a need for a park, school or other public facility
or improvement on the property.
3.
Conditions.
a.
In granting an extension, the Director of Planning 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.
b.
Any extension may be predicated upon compliance with new development
regulations or the Applicant waiving any vested rights.
4.
Appeal of Denial for Extension.
a.
Appeal of the Director of Planning’s Decision.
i.
The denial of an extension by the Director of Planning may be
appealed to the Commission.
ii. A written request for such appeal shall be received
by the Director of Planning within fourteen (14) calendar days following
the denial.
iii. The Commission shall hear and consider such an
appeal within thirty (30) calendar days following receipt of the appeal
request by the Director of Planning.
b.
Appeal of the Commission’s Decision.
i.
The denial of an extension by the Commission may be appealed
to the City Council.
ii. A written request for such appeal shall be received
by the Director of Planning within fourteen (14) calendar days following
the decision for denial.
iii. The City Council shall hear and consider such
an appeal within thirty (30) calendar days following receipt of the
appeal request by the Planning and Development Department, otherwise
the decision shall be considered appealed.
iv. The decision of the City Council is final.
K.
Amendments to Preliminary Plats Following Approval.
1.
Minor Amendments to Preliminary Plats.
a.
Minor amendments to the design of the subdivision 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
Application for re-approval of a Preliminary Plat.
b.
Minor amendments may only include minor adjustments in street
or alley alignments, lengths and paving details, and minor adjustments
to plot lines that:
i.
Do not result in creation of additional lots or any nonconforming
lots (such as to zoning standards), and
ii. Are consistent with approved prior Applications.
2.
Major Amendments to Preliminary Plats. All other proposed changes
to the design of the subdivision subject to an approved Preliminary
Plat shall be deemed major amendments that require submittal and approval
of a new Application for approval of a Preliminary Plat (including
new fees, new reviews, new Official Vesting Date, new Official Submission
Date, etc.) before approval of Construction Plans or a Final Plat.
3.
Determination of Minor or Major Amendment. The Director of Planning
shall make a determination of whether proposed amendments are deemed
to be minor or major, thereby requiring new submittal of a Preliminary
Plat.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Purpose. The purpose of a Final Plat is to ensure:
1.
That the proposed Subdivision and development of the land is
consistent with all standards of these Subdivision Regulations and
Development Standards pertaining to the adequacy of public facilities,
2.
That Public Improvements to serve the Subdivision or development
have been installed and accepted by the City, or that provision for
such installation has been made, and
3.
That all other City requirements and conditions have been satisfied
or provided for to allow the Final Plat to be recorded.
B.
Applicability. No subdivision of land shall be allowed without
proper submittal, approval, and adoption of a Final Plat.
C.
Exceptions. A Final Plat is not required when a Minor Plat is
submitted (see 3.03.07. Minor Plat).
D.
Ownership.
1.
The Applicant shall furnish with the Application to the City
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 some other acceptable proof of ownership,
identifying all persons having an ownership interest in the property
subject to the Final Plat.
2.
The Final Plat shall be signed by each owner, or by the representative
of the owners authorized to sign legal documents for the owners and
lienholder, effectively denoting that they are consenting to the platting
of the property and to the dedications and covenants that may be contained
in the Final Plat.
E.
Accompanying Applications.
1.
An Application for a Final Plat may be accompanied by Construction
Plans if also accompanied by an Improvement Agreement and appropriate
surety in accordance with 3.04.05. Improvement Agreements and Security
for Completion.
2.
Approval of each shall be separate and in accordance with this
3.03.06. Final Plat and 3.04.01. Construction Plans.
F.
Prior Approved Preliminary Plat. The Final Plat and all accompanying
data shall conform to the approved Preliminary Plat, or as the Preliminary
Plat may have been amended subsequently by 3.03.05.K. Amendments to
Preliminary Plats Following Approval, if applicable, incorporating
all conditions imposed or required, if applicable.
G.
Review by Director of Planning. The Director of Planning shall:
1.
Initiate review of the plat and materials submitted.
2.
Make available Plats and reports to the Commission for review.
3.
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 Commission.
H.
Action by Planning and Zoning Commission.
1.
Approval by the Planning and Zoning Commission is required for
all Final Plats.
2.
The Commission shall:
a.
Review the Final Plat Application, the findings of the Director
of Planning, and any other information available.
i.
From all such information, the Commission shall determine whether
the Final Plat conforms to the applicable regulations of these Subdivision
Regulations.
b.
Act within thirty (30) calendar days following the Official
Submission Date, unless the Applicant submits a Waiver of Right to
30-Day Action as outlined in 3.02.01.D.
i.
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, the Final Plat, as submitted, shall be deemed to
be approved by the Commission.
c.
Take one of the following actions:
ii. Approve the Final Plat with conditions, which shall
mean that the Final Plat shall be considered to have been approved
once such conditions are fulfilled, and until the conditions are satisfied,
it is considered denied; or
d.
A motion to approve a Final Plat shall be subject to the following
conditions, whether or not stated in the motion to approve:
i.
All required fees shall be paid.
ii. All covenants required by ordinances have been
reviewed and approved by the City.
iii. On-site easements and rights-of-way have been
dedicated and filed of record and properly described and noted on
the proposed plat.
iv. All required abandonments of public rights-of-way
or easements that must be approved by the City Council and the abandonment
ordinance numbers are shown on the plat.
v.
Original tax certificates have been presented from each taxing
unit with jurisdiction of the real property showing the current taxes
are paid.
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.
a.
The Final Plat conforms to the approved Preliminary Plat except
for minor amendments that are authorized under 3.03.05. K. Amendments
to Preliminary Plats Following Approval and that may be approved without
the necessity of revising the approved Preliminary Plat;
b.
All conditions imposed at the time of approval of the Preliminary
Plat, as applicable, have been satisfied;
c.
The Construction Plans conform to the requirements of 3.04.01.
Construction Plans and have been approved by the City Engineer;
d.
Where Public Improvements have been installed, the improvements
conform to the approved Construction Plans and have been approved
for acceptance by the City Engineer;
e.
Where the City Engineer has authorized Public Improvements to be deferred, an Improvement Agreement has been executed and submitted by the property owner in conformity with Subsection
3.04. Construction Plans and Procedures;
f.
The final layout of the Subdivision or development meets all
standards for adequacy of public facilities contained in this UDC;
g.
The Plat conforms to design requirements and construction standards
as set forth in the Engineering Criteria Manual; and
h.
The plat conforms to Director of Planning’s subdivision
Application checklists and UDC regulations.
2.
Without Prior Approved Preliminary Plat.
a.
The Final Plat conforms to all criteria for approval of a Preliminary
Plat;
b.
The Construction Plans conform to the requirements of 3.04.01.
Construction Plans and have been approved by the City Engineer;
c.
An Improvement Agreement with surety for installation of Public Improvements has been prepared and executed by the property owner in conformance with Subsection
3.04. Construction Plans and Procedures;
d.
The final layout of the Subdivision or development meets all
standards for adequacy of public facilities contained in this UDC;
and
e.
The Final Plat conforms to the Director of Planning’s
subdivision Application checklist and UDC regulations.
J.
Procedures for Final Plat Recordation upon Approval. The Applicant
shall supply to Director of Planning 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) at
least seven (7) calendar days prior to the meeting at which it will
be considered for approval.
1.
General.
a.
Signatures. After approval of the Final Plat, the Director of
Planning shall procure the appropriate City signatures on the Final
Plat.
b.
Recording upon Performance. The Final Plat shall be recorded
after:
i.
The Final Plat is approved by the City;
ii. All required Public Improvements have been completed
and accepted by the City or an Improvement Agreement has been executed
and appropriate surety provided in accordance with 3.04.05. Improvement
Agreements and Security for Completion; and
iii. All County filing requirements are met.
2.
Submittal of Final Plat. Where Improvements Installed. Where all required Public Improvements have been installed prior to recording of the Final Plat, the Applicant shall meet all requirements in accordance with Subsection
3.04. Construction Plans and Procedures.
3.
Submittal of Final Plat Where Improvements Have Not Been Installed.
Where some or all required Public Improvements are not yet completed
in connection with an approved Final Plat, the Applicant shall submit
the Final Plat as approved, revised to reflect any conditions imposed
as part of approval.
4.
Update of Proof of Ownership. If there has been any change in
ownership since the time of the Proof of Ownership provided under
D above, the Applicant 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 Plat.
K.
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 Applicant to install any improvements in public Right-of-Way in conformance with approved Construction Plans and under an Improvement Agreement (see Subsection
3.04. Construction Plans and Procedures).
3.
Authorizes the Applicant to seek Construction Release (see 3.04.03.)
or issuance of a Building Permit.
L.
Revisions Following Recording/Recordation. Revisions may only
be processed and approved as a Replat or Amending Plat, as applicable.
M.
Signature Blocks.
1.
Signature blocks shall be used in conjunction with the Final
Plat.
2.
The required signature blocks shall be maintained by the Director
of Planning.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Purpose. The purpose of a Minor 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 Minor Plat may
be filed only in accordance with State law, when all of the following
circumstances apply:
1.
The proposed division results in 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 these Subdivision Regulations
and Development Standards; and
3.
Except for Right-of-Way widening and easements, the plat does
not require the extension of any municipal facilities to serve any
lot within the Subdivision.
C.
Application Requirements. The requirements for the submittal
of a Minor Plat shall be determined by the Director of Planning.
D.
Additional Requirements. The Application must also meet the
following requirements to be considered a Minor Plat:
1.
The proposed Plat shall be for the Subdivision of one lot into
four (4) or fewer lots.
2.
The person, firm or corporation owning the property shall not
have more than one Minor Plat approved during any twelve (12) month
period.
3.
The person, firm or corporation presenting the proposed Plat
shall dedicate all easements and Right-of-Way as required elsewhere
in these regulations.
E.
Minor Plat Criteria for Approval. The following criteria shall
be used to determine whether the Application for a Minor Plat shall
be approved, approved with conditions, or denied:
1.
The Minor Plat is consistent with all zoning requirements for
the property (if applicable), any approved Improvement Agreement (if
applicable), and all other requirements of these Subdivision Regulations
and Development Standards that apply to the Plat;
2.
All lots to be created by the plat already are adequately served
by improved public street access and by all required City utilities
and services and by alleys, if applicable;
3.
The ownership, maintenance and allowed uses of all designated
easements have been stated on the Minor Plat; and
4.
Except for Right-of-Way widening and easements, the plat does
not require the extension of any municipal facilities to serve any
lot within the subdivision.
F.
Action by Director of Planning. The Director of Planning shall:
1.
Initiate review of the plat and materials submitted.
2.
Determine whether the Minor Plat meets the regulations of these
Subdivision Regulations and Development Standards.
3.
Act within thirty (30) calendar days following the Official
Submission Date, unless the Applicant submits a Waiver of Right to
30-Day Action as outlined in 3.02.01.D.
a.
If no decision is rendered by the Director of Planning, or if
the Director of Planning 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 upon,
the Minor Plat, as submitted, shall be deemed to be approved.
4.
Take one of the following actions:
b.
Approve the Minor Plat with conditions, which shall mean that
the Minor Plat shall be considered to have been approved once such
conditions are fulfilled and until the conditions are satisfied, it
is considered denied; or
c.
Defer the Minor Plat to the Planning and Zoning 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 3.02.01.D.
G.
Deferral of Decision of a Minor Plat Application. Per F.4.c
above, if the Director of Planning defers the Minor Plat Application
to the Planning and Zoning Commission and City Council, the procedures
shall be the same as the procedures for action on a Final Plat.
H.
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, as outlined in 3.03.06.J
above.
I.
Revisions Following Approval. Revisions may only be processed
and approved as a Replat or Amending Plat, as applicable.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Purpose and Applicability.
1.
A Replat of all or a portion of a recorded Plat may be approved
in accordance with State law without vacation of the recorded Plat,
if the Replat:
a.
Is signed and acknowledged by only the owners of the property
being replatted;
b.
Is approved after a public hearing; and
c.
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.
General Notice and Public Hearing Requirements for Replats.
1.
Published notice of the public hearings on the Replat Application
shall be given in accordance with 3.02.03. Public Hearings for Replat
and Plat Vacation Applications, if applicable.
a.
See specific notice and hearing requirements for "Certain" Replats
in F.2. Notice and Public Hearing Requirements for "Certain" Replats).
2.
A public hearing shall be conducted by the Commission on all
Replat Application.
C.
Application. The Application for a Replat of a Subdivision shall
meet all Application requirements of a Final Plat. The Applicant shall
acknowledge that the Replat will not amend or remove any covenants
or restrictions previously incorporated in the recorded Plat.
D.
Partial Replat Application. If a Replat is submitted for only
a portion of a previously platted subdivision, the Replat must reference
the previous Subdivision name and recording information, and must
state on the Replat the specific lots which are being changed along
with a detailed "Purpose for Replat" statement.
E.
Criteria for Approval.
1.
The Replat of the Subdivision shall meet all review and approval
criteria for a Final Plat.
2.
The Replat document shall be prepared by a Registered Professional
Land Surveyor in Texas.
F.
Additional Requirements for "Certain" Replats.
1.
Applicability of "Certain" Replats. Pursuant to Texas
Local Government Code Chapter 212.015, a Replat without
vacation of the preceding Plat must conform to the requirements of
this subsection F if:
a.
During the preceding five (5) years, any of the area to be replatted
was limited by an interim or permanent zoning classification to residential
use for not more than two (2) residential units per lot; or
b.
Any lot in the preceding plat was limited by deed restrictions
to residential use for not more than two (2) residential units per
lot.
2.
Notice and Public Hearing Requirements for "Certain" Replats.
Notice of the required public hearing shall be given before the fifteenth
(15th) calendar day before the date of the hearing by:
a.
Publication in an official newspaper or a newspaper of general
circulation in the county in which the municipality is located; and
b.
Written notice, with a copy of Section 212.015(c)
of the Texas Local Government Code (as amended) attached,
forwarded by the City to the owners of lots that are in the original
Subdivision and that are 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. 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.
3.
Protest.
a.
If the Replat Application is accompanied by a waiver petition
(per 3.06.01. Petition for Subdivision Waiver) and is protested in
accordance with this subsection 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.
b.
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 Application 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.
c.
The area of streets and alleys shall be included in the area
computations.
d.
Compliance with subsections 3.a. and 3.b., above, is not required
for approval of a replat 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.
e.
If a proposed replat as described in this Subsection does not
require a variance or exception, the municipality shall, 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 does not apply to a proposed replat if the municipal planning
commission or the governing body of the municipality holds a public
hearing and gives notice of the hearing in the manner provided by
2.a. and 2.b. of this Subsection.
f.
The notice of a replat approval required by 3.e. of this Subsection
must include:
i.
the zoning designation of the property after the replat; and
ii. a telephone number and e-mail address an owner
of a lot may use to contact the municipality about the replat.
G.
Replat Review and Approval. The review and approval processes
for a Replat shall be the same as the review and approval processes
for a Final Plat (except for the special public hearing and notice
requirements described in F.2. Notice and Public Hearing Requirements
for "Certain" Replats).
H.
Effect. Upon approval of the Application, the Replat may be
recorded and is controlling over the previously recorded Plat for
the portion replatted.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance
2023-03 adopted 5/2/2023)
A.
Purpose. The purpose of an Amending Plat shall be to provide
an expeditious means of making minor revisions to a recorded Plat
consistent with provisions of State law.
B.
Applicability. The procedures for an Amending Plat shall 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.
a.
Correct an error in a course or distance shown on the preceding
Plat.
b.
Add a course or distance that was omitted on the preceding Plat.
c.
Correct an error in a real property description shown on the
preceding Plat.
d.
Indicate monuments set after the death, disability or retirement
from practice of the engineer or surveyor responsible for setting
monuments.
e.
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.
f.
Correct any other type of scrivener or clerical error or omission
previously approved by the municipal authority responsible for approving
Plats, including lot numbers, acreage, street names, and identification
of adjacent recorded Plats.
g.
Correct an error in courses and distances of lot lines between
two adjacent lots if:
i.
Both lot owners join in the Application for amending the Plat;
ii. Neither lot is abolished;
iii. The amendment does not attempt to remove recorded
covenants or restrictions; and
iv. The amendment does not have a material adverse
effect on the property rights of the other owners in the Plat.
2.
Relocate Lot Lines.
a.
Relocate a lot line to eliminate an inadvertent encroachment
of a building or other improvement on a lot line or easement.
b.
Relocate one or more Lot Lines between one or more adjacent
lots if:
i.
The owners of all those lots join in the Application for amending
the Plat;
ii. The amendment does not attempt to remove recorded
covenants or restrictions; and
iii. The amendment does not increase the number of
lots.
3.
Replatting.
a.
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:
i.
The changes do not affect applicable zoning and other regulations
of the municipality;
ii. The changes do not attempt to amend or remove any
covenants or restrictions; and
iii. The area covered by the changes is located in
an area that the City has approved, after a public hearing, as a residential
improvement area.
b.
Replat one or more lots fronting on an existing street if:
i.
The owners of all those lots join in the Application for amending
the Plat;
ii. The amendment does not attempt to remove recorded
covenants or restrictions;
iii. The amendment does not increase the number of
lots; and
iv. The amendment does not create or require the creation
of a new street or make necessary the extension of municipal facilities.
C.
Notice Not Required. The approval and issuance of an Amending
Plat shall not require notice, hearing or approval of other lot owners.
D.
Action by Director of Planning. The Director of Planning shall:
1.
Initiate review of the plat and materials submitted.
2.
Determine whether the Amending Plat meets the regulations of
these Subdivision Regulations and Development Standards.
3.
Act within thirty (30) calendar days following the Official
Submission Date, unless the Applicant submits a Waiver of Right to
30-Day Action as outlined in 3.02.01.D.
4.
Take one of the following actions:
a.
Approve the Amending Plat;
b.
Approve the Amending Plat with conditions, which shall mean
that the Amending Plat shall be considered to have been approved once
such conditions are fulfilled and until the conditions are satisfied,
it is considered denied; or
c.
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
3.02.01.D.
E.
Deferral of Decision on an Amending Plat Application. Per D.4.c
above, if the Director of Planning defers the Amending Plat Application
to the Planning and Zoning Commission, the Commission shall consider
the Application at a regular meeting no later than thirty (30) calendar
days after the date on which the Director of Planning deferred the
Application to the Commission. The Commission shall, upon simple majority
vote, take one of the following actions:
1.
Approve the Amending Plat;
2.
Approve the Amending Plat with conditions, which shall mean
that the Amending Plat shall be considered to have been approved once
such conditions are fulfilled and until the conditions are satisfied,
it is considered denied; or
(Ordinance 2017-13 adopted 10/2/2017)
A.
Purpose. The purpose of a Plat Vacation is to provide an expeditious
means of vacating a recorded Plat in its entirety, consistent with
provisions of State law.
B.
Initiation of a Plat Vacation.
1.
By Property Owner. The property owner of the tract covered by
a Plat may submit an Application to vacate the Plat at any time before
any lot in the Plat is sold.
2.
By All Lot Owners. If lots in the Plat have been sold, an Application
to vacate the plat must be submitted by all the owners of lots in
the Plat.
3.
City Council. If the City Council, on its own motion, determines
that the Plat should be vacated in the interest of and to protect
the public’s health, safety and welfare; and:
a.
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
b.
The property owner has breached an Improvement Agreement, and
the City is unable to obtain funds with which to complete construction
of Public Improvements, except that the vacation shall apply only
to lots owned by the property owner or its successor; or
c.
The Plat has been of record for more than five (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.
Notice Requirements for Plat Vacation. Published notice of the
public hearing shall be given in accordance with 3.02.03. Public Hearings
for Replat and Plat Vacation Applications.
D.
Review and Recommendation by the Director of Planning. The Director
of Planning shall:
1.
Initiate review of the Plat Vacation Application and materials
submitted.
2.
Recommend action on Plat Vacation to the City Council.
E.
Action by the City Council. The City Council shall:
1.
Review the Plat Vacation Application, the findings of the Director
of Planning, and any other information available. From all such information,
the City Council shall make a finding as to whether or not the plat
should be vacated.
2.
Take one of the following actions:
a.
Approve the Plat Vacation;
b.
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
3.
The City Council’s decision on a Plat Vacation shall be
final.
F.
Procedures for Recordation Following Approval.
1.
If the City Council adopts a resolution vacating a plat in whole,
it shall record a copy of the resolution in the County Clerk’s
Office.
2.
If the City Council adopts a resolution vacating a plat in part,
it shall cause a revised Final Plat to be recorded along with the
resolution which shows that portion of the original plat that has
been vacated and that portion that has not been vacated.
G.
Effect.
1.
On the execution and recording of the vacating instrument, the
previously filed plat shall have no effect.
a.
Regardless of the City Council’s action on the petition,
the property owner(s) or Developer 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.
2.
The Plat is vacated when a signed, acknowledged instrument declaring
the Plat vacated is approved and recorded in the manner prescribed
for the original Plat.
3.
The City 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 2017-13 adopted 10/2/2017)
A.
Purpose. The purpose of a License to Encroach is to determine
the potential impacts of proposed improvements, structures, facilities,
and encroachments into a public street, roadway, sidewalk, Right-of-Way,
or easement in order to maintain their safety, mobility, and operational
functionality.
B.
Applicability.
1.
A License to Encroach, in the procedures provided for in this
section, is required for the following:
a.
New improvements, structures, facilities, and encroachments
into a public street, roadway, sidewalk, or Right-of-Way within the
city limits and easements located within the city limits or the extra-territorial
jurisdiction.
b.
Existing improvements, structures, facilities and encroachments
into a public street, roadway, sidewalk, or Right-of-Way within the
city limits and easements located within the city limits or the extraterritorial
jurisdiction.
2.
Those improvements, as defined in 1 above, that encroach into
a public street, roadway, or sidewalk shall obtain approval from the
City Council, in addition to this License.
C.
Pre-Application Meeting. A Pre-Application Meeting pursuant
to Section 3.03.02. is required prior to the application for a License
to Encroach.
D.
Criteria for Approval. No License to Encroach will be denied
unless it is determined by the City Engineer that the proposed location
or type of improvement will negatively impact the function of the
public street, roadway, sidewalk, Right-of-Way, or easement or have
an adverse effect upon the health, safety, or welfare of the general
public. In making this determination, the following will be evaluated:
1.
The proposed encroachment into a public street, roadway, sidewalk,
Right-of-Way, or easement by any person shall not interfere with the
lawful use thereof.
2.
Any proposed construction within a public street, roadway, sidewalk,
Right-of-Way, or easement shall be in accordance with this Code, the
City’s adopted construction standards, and any other applicable
ordinances and regulations.
3.
At any time during the construction of any structure within
a public street, roadway, sidewalk, Right-of-Way, or easement:
a.
The applicable public street, roadway, or sidewalk shall be
kept open for vehicular and pedestrian traffic in a reasonable manner
and sidewalks shall not be obstructed as to prevent the use thereof
by pedestrians;
b.
Dirt and other material removed from the construction of any
structure within a public street, roadway, sidewalk, Right-of-Way,
or easement shall not be allowed to remain on the street or sidewalk
and shall be removed immediately at the sole cost, risk, liability,
and expense of the Licensee;
c.
All excavations and obstructions of any kind that take place
during the period of the Licensee’s construction shall be properly
barricaded and well-illuminated during the night, subject to the approval
of the Building Official.
E.
Submission Requirements. Staff will determine during the Pre-Application
Meeting whether further studies will be required. Such studies may
include, but are not limited to, an engineering study, which may be
required at the determination of the City Engineer. Only the elements
of an engineering study that are necessary to answer specific questions
that arise during the review process will be required for submittal.
F.
Responsibility for Final Action. The City Engineer is responsible
for final action on a License to Encroach. For those requests that
encroach into a public street, roadway, or sidewalk the City Engineer
may not approve the License to Encroach until approval is obtained
from the City Council.
G.
Expiration.
1.
The License shall expire if the encroachment allowed per the
License is not installed within 24 months of the date of License approval.
2.
The City shall provide written notice at least 180 days in advance
to the Licensee, its representatives, successors, or assigns, to take
possession of and use all or any part of the licensed area in the
event that such use be reasonably desired or needed by the City for
street, sewer, transportation, or any other public or municipal use
or purpose. During such time, it is the responsibility of the Licensee,
its representatives, successors or assigns to remove the encroachment(s).
In such an event, the City shall have the right to cancel the revocable
license as to that portion of the licensed area so designated and
required by the City.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Applicability.
1.
An application for a development agreement seeking to delay
certain improvement requirements of this Code (including any manuals
adopted by reference by this Code) or any other provisions of the
City Code of Ordinances in order to present an alternative plan for
development that could not otherwise be accomplished under this Code
or the Code of Ordinances may be filed in accordance with the terms
and conditions of this Section.
2.
This Section shall apply to any new agreement and any amendments
thereto, as well as to any Amendments to an existing development agreement,
agreements regarding Municipal Utility Districts 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 or an amendment may be
made upon:
a.
Application of a property owner or their authorized agent;
b.
Recommendation of the City Council;
c.
Recommendation of the Planning and Zoning Commission or appropriate
board or commission; or
d.
Recommendation of the Director of Planning or City Engineer.
2.
Completeness Determination. Applications shall be subject to
3.02.01. Applicability, Completeness, and Expiration.
3.
Staff Review.
a.
Applications shall be reviewed by a Development Agreement Committee
("Committee") which shall be designated by the Director of Planning
at the time of application to determine the necessary staff for the
particular application. The Committee will be established based on
the functional areas needed in order to appropriately respond to the
request being considered. The Committee may consist of the City Engineer,
City Attorney, Finance Director, Director of Planning, their designees
or any other staff assigned to the Committee.
b.
The Committee shall review the application, consider the Approval
Criteria, and assign a Responsible Official to lead the review and
prepare a report to the Planning and Zoning Commission or appropriate
board or commission and City Council.
c.
The Director of Planning may establish procedures for administrative
review necessary to ensure compliance with this Code and State statute.
d.
The Responsible Official’s report may include a recommendation
for final action.
4.
Public Notice. Public Notice, in the form of Written Notice,
Published Notice, and Posted Notice (see 2.10.04.C. Types of Notice),
shall be required per the notice provisions of this Code, unless the
agreement or amendment thereto is determined by the Committee to be
minor, inconsequential, or otherwise unnecessary for public notice
and public hearings. If notice is required, the Committee shall determine
the location and the extent of the notice based on the type and effect
of the proposed amendment.
5.
Board or Commission Review. The Planning and Zoning Commission
or other appropriate board or commission, shall hold a Public Hearing,
unless determined unnecessary by the Committee, and make a recommendation
to the City Council.
6.
City Council Final Action.
a.
The City Council shall hold a Public Hearing, unless determined
unnecessary by the Committee, and may take final action on the proposed
Development Agreement or amendment.
b.
The Development Agreement or amendment shall become effective
in the manner provided by the City Charter or State Law.
c.
All outstanding application, staff, and legal fees must be paid
in full to the City prior to the adoption of the agreement or amendment.
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 matters:
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.
(Ordinance 2017-13 adopted 10/2/2017)