§ 35-443. Replats Subject to Low-Density Zoning.

[ Reference: V.T.C.A. Local Government Code § 212.015 ]

(a)

Applicability. The following procedures of this section shall apply if during the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning district to residential use for not more than two (2) residential units per lot, or if any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot.

(b)

Initiation. The subdivider shall provide to the director of planning and development services written notice of an intention to file with the planning commission a replat to which the limitations stated above apply.

(c)

Completeness Review. The director of planning and development services shall review an application for replat in accordance with subsection 35-432(c) and section 35-442 of this chapter. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.

(d)

Decision.

(1)

The director of planning and development services shall provide notice of the public hearing required herein prior to the fifteenth day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the county and by written notice, with a copy of V.T.C.A. Local Government Code § 212.015(c) attached, to the owners of lots that are in the original subdivision within two hundred (200) feet of the lots to be replatted. The written notice shall be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the city limits.

(2)

If the proposed replat requires a variance and written protests signed by the owners of at least twenty (20) percent of the area of the lots or land within two hundred (200) feet of the lots to be replatted, but within the original subdivision, are filed with the planning commission prior to the close of the public hearing, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths (¾) of the members present of the planning commission. In computing the percentage of land area within two hundred (200) feet of the property to be replatted, the area of streets and alleys shall be included.

(3)

In approving a replat which is protested in accordance with subsection (c)(3) above, the commission may require that the name of the replat be the same as the original subdivision. In such instances, the replatted area shall continue to be considered as part of the original subdivision for future notification purposes.

(4)

Compliance with subsection (c) is not required for approval of a replat of part of a preceding plat 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. However, the replat shall be annotated with a certificate the same as form "Q," section 35B-120 in Appendix "B" to this chapter.

(e)

Approval Criteria. See subsection 35-432(e) of this chapter.

(f)

Subsequent Applications. See subsection 35-432(f) of this chapter.

(g)

Amendments. See subsection 35-432(g) of this chapter.

(h)

Scope of Approval. A replat must be filed with the planning commission within six (6) months of the date of the public hearing. If the replat is not filed within six (6) months, a new public hearing shall be required.

(i)

Recording Procedures. See subsection 35-432(i) of this chapter. The replat shall be annotated with a certificate the same as form "O," section 35B-120 in Appendix "B" to this chapter.

(j)

Public Hearing. On plat applications where notification is required, such application shall be scheduled for one (1) planning commission meeting to solicit public comment and for consideration.

(Ord. No. 96564 § 1 and 3) (Ord. No. 98697 § 6) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)