Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an

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s SUBDIVISIONS B. The replat does not propose to amend or remove any usage other than for single-family or duplex residential usage. Such covenants or restrictions previously incorporated in the designation must be noted on the recorded plat or in the legally recorded plat. recorded restriction applicable to such plat. Section 3.3.2.2 Notice and Hearing Section 3.3.3.3 Notice and Hearing Published notice of the public hearing on the replat application shall Published and personal notice of the public hearing on the replat be given in accordance with Section 2.3.2.1.The hearing shall be application shall be given in accordance with Section 2.3.2.1. The conducted by the Planning and Zoning Commission in accordance hearing shall be conducted by the Planning and Zoning Commission with Section 2.3.3.1. in accordance with Section 2.3.3.1. Section 3.3.2.3 Partial Replat Application Section 3.3.3.4 Protest Any replat which adds or deletes lots must include the original If the replat application is accompanied by a variance application subdivision and lot boundaries. If a replat is submitted for only a and is protested in accordance with this Section,approval of the portion of a previously platted subdivision,the replat must reference replat shall require the affirmative vote of at least three-fourths of the previous subdivision name and recording information, and must the members of the Planning and Zoning Commission present at state on the replat the specific lots which have changed along with a the meeting. For a legal protest,written instruments signed by the detailed"purpose for replat" statement. owners of at least twenty(20) percent of the area of the lots or land immediately adjoining the area covered by the replat application Section 3.3.2.4 Criteria for Approval and extending two hundred (200)feet from that area, but within the The replat of the subdivision shall meet all approval criteria for a original subdivision, must be filed with the commission prior to the final subdivision plat Section 3.2.3.4. close of the public hearing. In computing the percentage of land area under this section,the area of streets,thoroughfares and alleys Section 3.3.2.5 Effect shall be included. Upon approval of the application,the replat may be recorded and is controlling over the previously recorded plat for the portion related. DIVISION 4: AMENDING PLATS Section 3.3.4.1 Purpose,Applicability, and Effect DIVISION 3: SPECIAL REPLAT REQUIREMENTS A. Purpose.The purpose of an amending plat shall be to provide Section 3.3.3.1 Applicability an expeditious means of making minor revisions to a recorded plat consistent with provisions of state law. In addition to compliance with the requirements of Division 2 above, a replat without vacation of the preceding plat must conform to the B. Applicability.The procedures for amending plats shall apply requirements of this Division 3 if: only if the purpose of the amending plat is for one or more of the following and no other purpose: A. During the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to 1. Correct an error in a course or distance shown on the residential use for not more than two residential units per lot;or preceding plat; B. Any lot in the preceding plat was limited by deed restrictions to 2. Add a course or distance that was omitted on the residential use for not more than two residential units per lot. preceding plat; Section 3.3.3.2 Exception 3. Correct an error in a real property description shown on the preceding plat; The requirements of this Division 3 shall not apply to any approval of a replat application for a portion of a recorded plat if all of the proposed area sought to be replatted was designated or reserved for Adopted April 17,2018 San Marcos Development Code 3:13