§ 23-46. Replatting without vacating a previous plat.

(a)

Conditions. A subdivision, or a portion thereof, may be replatted without vacating the immediately previous plat of such subdivisions under the following conditions:

(1)

The replat must be signed and acknowledged by the owners of the particular properties being replatted.

(2)

The replat does not attempt to alter, amend or remove any covenants or restrictions.

(3)

The replat must be approved by the planning commission after a public hearing in relation thereto at which interested parties and citizens shall have had an opportunity to be heard.

(4)

If any of the area to be replatted was, within a five-year period immediately preceding the date on which the replat is filed with the planning commission, limited by any interim or permanent zoning classification to not more than two (2) dwelling units per lot, or if any lot on the immediately previous plat was limited by deed restriction to residential use involving not more than two (2) dwelling units per lot, the procedures outlined in subsection (b)(3) below shall be followed before the approval of the planning commission can be given.

(5)

However, if all of the area to be replatted was designated or reserved for use other than for single-family or two-family use by notation on the last legally recorded plat or in the legally recorded deed restriction applicable to such plat, the procedures outlined in subsection (b)(2) below shall apply.

(b)

Procedures:

(1)

The procedures and specifications pertaining to preliminary plats and final plats contained in this chapter shall also apply to a replat.

(2)

The following procedures and specifications shall apply to a replat to which the conditions stated in subsection (a)(4) above do not apply:

a.

A certificate substantially in the same form as the applicable certificate (Exhibits "5", "6" or "7") shall be affixed to the replat.

b.

In addition, the replat shall be annotated generally as follows: The area being replatted has been previously platted on a plat which is recorded in volume _______, page _______, Maverick County Plat and Deed Records.

c.

When the replat is filed with the planning commission, the commission will, at its next regular meeting, set a date on which to hold a public hearing pertaining to the replat, such date not to be sooner than one (1) week nor later than two (2) weeks from the date on which the commission takes such action. The commission will cause due notice of such public hearing to be given.

d.

The subdivider shall pay to the City of Eagle Pass a fee of one hundred fifty dollars ($150.00) to cover the expenses of administrative processing. This shall be in addition to other fees prescribed by these regulations.

(3)

If the conditions stated in subsection (a)(4) above do apply to a proposed replat, the following procedures and specifications (in addition to those contained in this chapter for preliminary plats and final plats) shall apply:

a.

The subdivider shall provide to the city manager written notice of intention to file with the planning commission a replat to which the conditions stated in subsection (a)(4) apply. The notice shall be accompanied by a certified list of the owners of lots on the immediately previous plat (as listed on the latest approved ad valorem tax roll of the jurisdiction within which the property is situated). If the immediately previous plat contains more than one hundred (100) lots, the list shall contain the names of those owners within that previous plat whose lots lie within five hundred (500) feet of the lot or lots which are intended to be replatted.

b.

The city manager with the approval of the chairman of the planning commission shall set a date for a public hearing in relation to the proposed replat and shall cause a notice of such public hearing to be published at least fifteen (15) days in advance of the hearing in an official paper or paper of general circulation in Maverick County.

c.

Additionally, the city manager shall provide notice of the public hearing to the owners of lots contained on the list submitted by the subdivider by depositing such notice, properly addressed and postage paid, in a post office or postal depository within the city limits of the City of Eagle Pass not less than fifteen (15) days prior to the scheduled date of the public hearing. A copy of the Texas Local Government Code § 212.015, or the text thereof, shall be included with the notice.

d.

If the proposed replat requires a variance and is protested in accordance with the subsection, 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 municipal planning commission or governing body, or both. 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 proposed replat and extending two hundred (200) feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing.

e.

In computing the percentages of ownership referred to herein, each lot in the subdivision shall be considered equal to all other lots, regardless of size and number of owners, and the owners of each lot shall be entitled to cast only one (1) vote per lot.

f.

The proposed replat, itself may not be filed with the planning commission prior to the date on which the public hearing referred to in subsection (b)(3) above is held.

g.

Additionally, the replat will be annotated by a certificate, substantially in the same form as the applicable certificate (Exhibits "5", "6", or "7") attached hereto.

h.

In addition, the replat shall be annotated generally as follows: The area being replatted has been previously platted on a plat which is recorded in envelope _______, side _______, Maverick County Map Records.

i.

At the time the notice referred to in subsection (b)(3)a. above is provided to the city manager, the subdivider shall pay to the City of Eagle Pass a fee of one hundred fifty dollars ($150.00) to cover the expenses of administrative processing. This shall be in addition to other fees prescribed by these regulations.

(c)

Filing date. For the purpose of the time limits established by Texas Local Government Code § 212.009, no final replat shall be deemed filed with the planning commission until a public hearing has been held by the planning commission in regard to such replat and the subdivision construction agreement, as applicable, letters of certificate, and, if applicable, a request for variance as specified in section 23-11 have been submitted to the planning commission as required by section 23-25(c).

(Ord. No. 05-22, § 1, 8-2-2005)

Editor's note

The exhibits adopted by reference in § 23-46 above have not been included herein, but are on file for inspection in the office of the city secretary.