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
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
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
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
Preliminary Plat
|
|
Preliminary Plat
|
Detailed layout of the site to be
developed
|
|
Detailed layout of the site to be
developed
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
Construction Plans
|
|
Construction Plans, Final Plat
Application, and Security
|
Construction details for the proposed
improvements
|
|
Construction detail, application
for Final Plat, and required security
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
Construction of the Improvements
|
|
Final Plat
|
Construction of the improvements
|
|
Final Plat approved and filed
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
Inspection and Acceptance
|
|
Construction of Improvements
|
Inspection of the improvements and
letter of acceptance
|
|
Construction of the improvements
|
|
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
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
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
|
![](/attachment/BU6262/Arrow.tif.SM.png) |
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)