Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land

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_�Aw SUBDIVISIONS 13 - B. The replat does not propose to amend or remove any A. During the preceding five years,any of the area to be replatted covenants or restrictions previously incorporated in the was limited by an interim or permanent zoning classification to recorded plat. residential use for not more than two residential units per lot; or Section 3.3.2.2Notice and Hearing B. Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot. Published notice of the public hearing on the replat application shall be given in accordance with Section 2.3.2.1.The hearing shall be Section 3.3.3.2Exception conducted by the Planning and Zoning Commission in accordance with Section 2.3.3.1. 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 Section 3.3.2.3Partial Replat Application proposed area sought to be replatted was designated or reserved for usage other than for single-family or duplex residential usage. Such Any replat which adds or deletes lots must include the original designation must be noted on the recorded plat or in the legally subdivision and lot boundaries. If a replat is submitted for only a recorded restriction applicable to such plat. portion of a previously platted subdivision,the replat must reference the previous subdivision name and recording information,and must Section 3.3.3.3Notice and Hearing state on the replat the specific lots which have changed along with a detailed "purpose for replat"statement. Published and personal notice of the public hearing on the replat application shall be given in accordance with Section 2.3.2.1. The Section 3.3.2.4Criteria for Approval hearing shall be conducted by the Planning and Zoning Commission in accordance with Section 2.3.3.1. The replat of the subdivision shall meet all approval criteria for a final subdivision plat Section 3.2.3.4. Section 3.3.3.4Protest Section 3.3.2.5Effect If the replat application is accompanied by a variance application and is protested in accordance with this Section, approval of the Upon approval of the application,the replat may be recorded and is replat shall require the affirmative vote of at least three-fourths of controlling over the previously recorded plat for the portion related. the members of the Planning and Zoning Commission present at Section 3.3.2.6Expiration and Extension the meeting. For a legal protest,written instruments signed by the owners of at least twenty(20) percent of the area of the lots or land A. Expiration.Approval of replat without vacation shall expire if immediately adjoining the area covered by the replat application the plat is not submitted for recordation within two (2)years of and extending two hundred (200)feet from that area, but within the the date of approval or conditional approval by the Planning and original subdivision, must be filed with the commission prior to the Zoning Commission. close of the public hearing. In computing the percentage of land area under this section,the area of streets,thoroughfares and alleys Extension.A replat may be extended in accordance with Sec- shall be included. tion 2.3.5.1. (Ord. No.2019-45, 12-17-19) DIVISION 4: AMENDING PLATS DIVISION 3: SPECIAL REPLAT REQUIREMENTS Section 3.3.4.1 Purpose,Applicability, and Effect A. Purpose.The purpose of an amending plat shall be to provide Section 3.3.3.1Applicability an expeditious means of making minor revisions to a recorded In addition to compliance with the requirements of Division 2 above, plat consistent with provisions of state law. a replat without vacation of the preceding plat must conform to the requirements of this Division 3 if: Amended: September 1, 2020 San Marcos Development Code 3:13