City staff may administratively approve:
(A) Minor subdivision plats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities.
(B) A replat as described by state law that does not require the creation of any new street or the extension of municipal facilities. (Tex. Local Gov’t Code, § 212.0145)
(C) A replat of a part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat;
(1) Is signed and acknowledged by only the owners of the property being replatted; and
(2) Involves only property:
(a) Of less than one acre that fronts an existing street; and
(b) That is owned and used by a nonprofit corporation established to assist children in at-risk situations through volunteer and individualized attention.
(3) An existing covenant or restriction for property that is replatted under this section does not have to be amended or removed if:
(a) The covenant or restriction was recorded more than 50 years before the date of the replat; and
(b) The replatted property has been continuously used by the nonprofit corporation for at least ten years before the date of the replat.
(D) Amending plats as described below:
(1) To correct an error in a course or distance shown on the preceding plat;
(2) To add a course or distance that was omitted on the preceding plat;
(3) To correct an error in a real property description shown on the preceding plat;
(4) To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
(5) To 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;
(6) To 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;
(7) To correct an error in courses and distances of lot lines between two adjacent lots if
(a) Both lot owners join in the application for amending the plat;
(b) Neither lot is abolished;
(c) The amendment does not attempt to remove recorded covenants or restrictions; and
(d) The amendment does not have a material adverse effect on the property rights of the other owners in the plat;
(8) To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
(9) To relocate one or more lot lines between one or more adjacent lots if:
(a) The owners of all those lots join in the application for amending the plat;
(b) The amendment does not attempt to remove recorded covenants or restrictions; and
(c) The amendment does not increase the number of lots;
(10) To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
(a) The changes do not affect applicable zoning and other regulations of the municipality;
(b) The changes do not attempt to amend or remove any covenants or restrictions; and
(c) The area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or
(11) To replat one or more lots fronting on an existing street if:
(a) The owners of all those lots join in the application for amending the plat;
(b) The amendment does not attempt to remove recorded covenants or restrictions;
(c) The amendment does not increase the number of lots; and
(d) The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
(12) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.
(E) City staff may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission and the City Council.
(F) City staff shall not disapprove any plat that meets all state and city requirements. Any plat not approved by city staff may be submitted to Planning and Zoning Commission and City Council according to state law.
(G) City staff shall notify the Planning and Zoning Commission and the City Council of any plats approved administratively.
(Ord. 2005-6, § 3.9, passed 9-20-05)