1. Preliminary and Other Types of Plans.

a. An Application for a Preliminary Plat shall be accompanied by the following:

i. Preliminary Drainage Plan (see § UDC-3.05.12I);
ii. Preliminary Utility Plan (see § UDC-3.05.13C); and
iii. Other plans if deemed necessary for thorough review by the Director of Planning or the City Engineer, such as a Conveyance Plat or Planned Development Master Plan.
 

b. Approval of each shall be separate and in accordance with this 3.03.05: Preliminary Plat.
 

2. Current Title Commitments. The Applicant shall furnish with the Application to the City a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the Preliminary Plat.
 

E. Review by Director of Planning. The Director of Planning shall:

1. Initiate review of the plat and materials submitted (including the required Preliminary Drainage Plan and Preliminary Utility Plan).
2. Make available Plats and reports to the Commission for review. Upon determination that the Application is ready to be acted upon, schedule the Preliminary Plat for consideration on the agenda of the next available meeting of the Planning and Zoning Commission.

F. Action by the Planning and Zoning Commission.

1. Approval by the Planning and Zoning Commission is required for all Preliminary Plats.
2. The Commission shall:

a. Review the Preliminary Plat Application, the findings of the Director of Planning, and any other information available.

i. From all such information, the Commission shall determine whether the Preliminary Plat conforms to these Subdivision Regulations and Development Standards.
 

b. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in § UDC-3.02.01D.

i. If no decision is rendered by the Commission within the thirty (30) day period described above or such longer period as may have been agreed upon, the Preliminary Plat, as submitted, shall be deemed approved by the Commission.
 

c. Take one of the following actions:

i. Approve the Preliminary Plat;
ii. Approve the Preliminary Plat with conditions, which shall mean that the Preliminary Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or
iii. Deny the Preliminary Plat.

G. Criteria for Approval. The following criteria shall be used by the Commission to determine whether the Application for a Preliminary Plat shall be approved, approved with conditions, or denied:

1. All Plats must be drawn to conform to the zoning regulations currently applicable to the property. If a zoning change for the property is proposed, then the zoning change must be completed before the approval of any Preliminary Plats/Final Plats;
2. No Plat or Replat may be approved that leaves a structure located on a nonconforming lot.
3. The Preliminary Plat is consistent with any approved Improvement Agreement;
4. The proposed provision and configuration of Public Improvements including, but not limited to, roads, water, wastewater, storm drainage, park facilities, open spaces, habitat restoration, easements and Right-of-Way are adequate to serve the development, meet applicable standards of these Subdivision Regulations and Development Standards, and conform to the City’s adopted master plans for those facilities;
5. The Preliminary Plat has been duly reviewed by applicable City staff;
6. The Preliminary Plat conforms to design requirements and construction standards as set forth in the Engineering Criteria Manual;
7. The Preliminary Plat is consistent with the adopted Comprehensive Plan, except where application of the Plan may conflict with State law;
8. The Preliminary Plat is consistent with an approved Conveyance Plat.
9. The proposed development represented on the Preliminary Plat does not endanger public health, safety or welfare; and
10. The Preliminary Plat conforms to the Director of Planning’s subdivision Application checklists.

H. Effect of Approval.

1. The approval of a Preliminary Plat shall allow the Applicant to proceed with the development and platting process by submitting Construction Plans (3.04.01: Construction Plans.) and a Final Plat (3.03.06: Final Plat).
2. Approval of the Preliminary Plat shall be deemed general approval of the subdivision’s layout only, and shall not constitute approval or acceptance of Construction Plans or a Final Plat.

I. Expiration.

1. Two-Year Validity.

a. The approval of a Preliminary Plat shall remain in effect for a period of two (2) years following the date of approval, during which period the Applicant shall submit and receive approval for Construction Plans and a Final Plat for the land area shown on the Preliminary Plat.
b. If Construction Plans and a Final Plat Application have not been approved within the two (2) year period, the Preliminary Plat shall expire.

2. Relationship to Construction Plans. A Preliminary Plat shall remain valid for the period of time in which approved Construction Plans are valid (§ UDC-3.04.01G, Expiration Date for Construction Plans).
3. Action on Final Plat. Should a Final Plat Application be submitted within the two (2) year period, but not be acted upon by the Commission or City Council within the two (2) year period, the Preliminary Plat shall expire unless an extension is granted as provided in J below.
4. Void If Not Extended. If the Preliminary Plat is not extended as provided in J below, it shall expire and shall become null and void.

J. Preliminary Plat Extension. See § UDC-3.03.05J.

K. Amendments to Preliminary Plats Following Approval.

1. Minor Amendments to Preliminary Plats.

a. Minor amendments to the design of the subdivision subject to an approved Preliminary Plat may be incorporated in an Application for approval of a Final Plat without the necessity of filing a new Application for re-approval of a Preliminary Plat.

b. Minor amendments may only include minor adjustments in street or alley alignments, lengths and paving details, and minor adjustments to plot lines that:

i. Do not result in creation of additional lots or any nonconforming lots (such as to zoning standards), and
ii. Are consistent with approved prior Applications.
 

2. Major Amendments to Preliminary Plats. All other proposed changes to the design of the subdivision subject to an approved Preliminary Plat shall be deemed major amendments that require submittal and approval of a new Application for approval of a Preliminary Plat (including new fees, new reviews, new Official Vesting Date, new Official Submission Date, etc.) before approval of Construction Plans or a Final Plat.

3. Determination of Minor or Major Amendment. The Director of Planning shall make a determination of whether proposed amendments are deemed to be minor or major, thereby requiring new submittal of a Preliminary Plat.