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HomeMy WebLinkAbout2017-3967 - Ordinance - 12/14/2017 ORDINANCE NO. 2017-3967 AN ORDINANCE AMENDING APPENDIX A, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 2.2, "PLANNING AND ZONING COMMISSION", SECTION 2.8, "ADMINISTRATOR", SECTION 2.12, "SUMMARY OF REVIEW AUTHORITY", SECTION 3.2, "GENERAL APPROVAL PROCEDURES", AND SECTION 3.4, "PLAT REVIEW",OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO PRELIMINARY PLANS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A, "Unified Development Ordinance," Article 2, "Development Review Bodies", Section 2.2.2.D, "Powers and Duties", Section 2.8, "Administrator", Section 2.12, "Summary of Review Authority", and Article 3, "Development Review Procedures", Section 3.2.H, "Simultaneous Processing of Applications", Section 3.4.C, "Application Requirements", and Section 3.4.E, "Review Procedure" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit"A", Exhibit"B",Exhibit"C",Exhibit "D", Exhibit "E", and Exhibit "F" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation,organization,government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00)and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances,other than the dumping of refuse.Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO.2017-3967 Page 2 of 18 PASSED,ADOPTED and APPROVED this 14th day of December, 2017. ATTEST: APP' S `' D: - � Gov City S ret. , Tror APPROVED: ( u/nig trg /w),9 City Attorney ORDINANCE NO.2017-3967 Page 3 of 18 Exhibit A That Appendix A, "Unified Development Ordinance," Article 2, "Development Review Bodies", Section 2.2.D, "Powers and Duties", of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "D. Powers and Duties. The Planning and Zoning Commission shall have the following powers and duties: 1. Comprehensive Plan. The Planning and Zoning Commission shall make recommendations for the effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan. 2. Recommendations. The Planning and Zoning Commission shall review and make recommendations to the City Council subject to the terms and conditions set forth for such uses in this UDO for the following: a. Conditional use permits; b. Zoning map amendments (rezoning); c. Concept Plans for Planned Development Districts (PDD) and Planned Mixed-Use Districts (P-MUD); d. Text amendments; e. Comprehensive Plan amendments; f. Impact fee land use decisions; g. Capital Improvement Plan (CIP) priorities; h. Annexations; and i. Petitions to form a Municipal Utility District. 3. Final Action. The Planning and Zoning Commission shall hear and take final action on the following: a. Applicable appeals of decisions of the Design Review Board; b. Preliminary plans not approved by staff as set forth in the Plat Review Section in Article 3.4 of this UDO; c Final plats, replats, development plats, and minor plats not approved by staff as set forth in the Plat Review Section in Article 3.4 of this UDO; d. Waivers of the standards in , Article 8, Subdivision Design and Improvements; e. Development exaction appeal; f. Appeal of the Administrator's denial of a final minor or amending plat; g. Appeal of the Administrator's determination regarding applicability of plat requirements; h. Appeal of the Administrator's denial to amend the color palette for Northgate roof colors; i. Appeal of the Administrator's denial of an alternative parking plan; and j. Appeal of the Administrator's interpretation of the provisions of Article 8, Subdivision Design and Improvements." ORDINANCE NO.2017-3967 Page 4 of 18 Exhibit B That Appendix A, "Unified Development Ordinance," Article 2, "Development Review Bodies", Section 2.8, "Administrator", of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "Sec. 12-2.8. -Administrator. A. Designation. The City Manager shall designate the Administrator for the City of College Station. Where this UDO assigns a responsibility, power, or duty to the Administrator, the Administrator may delegate that responsibility, power, or duty to any other agent or employee of the City whom the Administrator may reasonably determine. B. Powers and Duties. The Administrator shall have the following powers and duties: 1. Administration and Enforcement. The Administrator shall administer and enforce the provisions of this UDO. 2. Interpretation. The Administrator is responsible for interpreting the provisions of this UDO. The Administrator shall make written interpretations of this UDO when requested, setting forth the reasons and explanation therefore. 3. Building Permits. The Administrator shall review and certify that the proposed construction, moving, alteration, or use of the land either does or does not comply with the provisions of this UDO prior to issuance of a Building Permit by the Building Official. 4. Final Action. The Administrator shall review and take final action on the following: a. Sign permits; b. Site plans (not Wolf Pen Creek District site plans); c. Architectural reviews; d. Administrative adjustments; e Preliminary Plans as set forth in Section 3.4, Plat Review, of this UDO; f. Minor and amending plats; g. Determination of building plot(Section 12-7.2, General Provisions); h. Minor Wolf Pen Creek District projects; i. Amendments to the color palette for Northgate roof colors; j. Certificate of Appropriateness Routine Maintenance Work reviews; k. Determination regarding applicability of plat requirements; and I. Alternative parking plans (Section 12-7.3, Off-Street Parking). ORDINANCE NO.2017-3967 Page 5 of 18 5. Other Duties. a. The Administrator, or his designee, shall serve as the Historic Preservation Officer(HPO)for the City of College Station.As such,the HPO shall serve as a representative of the Landmark Commission and shall be responsible for coordinating the Landmark Commission's preservation activities with the Historic Preservation Advisory Committee, those of state and federal agencies, and with local, state, and national nonprofit preservation organizations. b. The Administrator shall perform other duties imposed under the provisions of the City of College Station Code of Ordinances, as amended from time-to-time. c. The Administrator shall administer and enforce the regulations of the Easterwood Field Airport Zoning Ordinance." ORDINANCE NO.2017-3967 Page 6 of 18 Exhibit C That Appendix A, "Unified Development Ordinance," Article 2, "Development Review Bodies", Section 2.12, "Summary of Review Authority", of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "Sec. 12-2.12.Summary of Review Authority. The following table summarizes the authority of the various review bodies and staff. Bike, 1 Zoning Design City P&Z Land. Ped. ;Building Dev PROCEDURE i Bd.of Rev. Admin. Council ;Comm. Adj. Bd Comm. ; & Official Engr. Grnwy CITY COUNCIL(CC) Oversize Participation 1 D i RR Development Agreement 1 D RR 1 R Conditional Use permit 1 D 1 R I RR Zoning Map Amendment 1 D R 1 RR Zoning Map Amendment D i R R RR (HP) PDD/P-MUD Concept D R RR Plan Text Amendment i D i R 1 I R RR Comp. Plan Amendment D R _ R RR Impact Fee/CIP Priorities 1 D R 1 1 R 1 RR Annexations ID1R i RR Municipal Utility Districts 1 D S R i RR ORDINANCE NO.2017-3967 Page 7 of 18 PLANNING&ZONING COMMISSION (P&Z) Preliminary Plan*** (with waiver or D RR R discretionary item) Final Plat 1 D RR i R Development Plat i i D 1 RR 1 R Waiver of Subdivision � m ._._ ^^ D RR 1 R Standard Development Exaction A D RR Appeal :ZONING BOARD OF ADJUSTMENT(ZBA) Variance D RR R RR I Administrative Appeal 1 1 D 1 ' RR Zoning Map D ' RR Interpretation I DESIGN REVIEW BOARD(DRB) WPC District Site Plan I i A i D ! RR R WPC District A I i D 1 RR Building/Sign Review WPC Parking Waivers i 1 A 1 i D i RR NG Waivers D RR i Non-Residential Arch. D 1 RR Stand.Waiver 1 ORDINANCE NO.2017-3967 Page 8 of 18 Non-Residential Arch. 3 D RR Stand.Alt. Compliance LANDMARK COMMISSION (LC) Certificates of A D RR Appropriateness Certificates of A D RR Demolition :ADMINISTRATOR Architectural ReviewsD Interpretation I A** i A ' D Sign Permit A D Site Plan A ' A* D R I i Administrative A D Adjustment i WPC District Building or A I i D Sign, Minor Preliminary Plan*** D 1 R Minor or Amending Plat A D ' R PD Concept Plan Minor I AD Amend. { Certificate of A D ;Appropriateness, Routine NG Roof Color Palette _._ ____ }~ ' _ A 1 D Amendment i ORDINANCE NO.2017-3967 Page 9 of 18 Alternative Parking Plans A D Determination of Plat A ' D R Applicability BUILDING OFFICIAL(BO) Building Permit D Certificate of Occupancy ' R D R Certificate of Completion R D R i DEVELOPMENT ENGINEER(DE) __. Development Permit D Driveway Application A D . _. --, Alternative Const. A D Material * Section 12-3.6.E.Site Plan Review Criteria and 12-3.7.E.Wolf Pen Creek Design District General Site 'Plan Review Criteria only. ** Subdivision Regulations only. *** See UDO Section 3.4, Plat Review,for specific review authority. KEY:A=Appeal R=Recommend D=Final Action/Decision RR=Review/Report" ORDINANCE NO.2017-3967 Page 10 of 18 Exhibit D That Appendix A, "Unified Development Ordinance," Article 3, "Development Review Procedures", Section 3.2.H, "Simultaneous Processing of Applications", of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "H. Simultaneous Processing of Applications. Two (2) or more forms of review and approval are typically required in the development process. Development proposals that require applications for Zoning Map Amendments (Rezoning) are required to be acted upon by the City Council before plat and other development applications will be accepted for review by the City. In addition, Preliminary Plans are to be acted upon by the Planning and Zoning Commission or the Administrator before a subsequent Final Plat will be accepted for review by the City. At the discretion of the Administrator, plat and other applications for development approvals may be processed simultaneously, so long as the approval procedures for each individual application can be completed pursuant to the requirements of this UDO. Such processing shall occur at the applicant's own risk." ORDINANCE NO.2017-3967 Page 11 of 18 Exhibit E That Appendix A, "Unified Development Ordinance," Article 3, "Development Review Procedures", Section 3.4.C, "Application Requirements"of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "C. Application Requirements. 1. Preapplication Conference. Prior to the submission of a preliminary plan or a plat application required by this UDO, applicants are encouraged to schedule and attend an optional preapplication conference in accordance with and for the purposes set forth elsewhere in this UDO for preapplication conferences. 2. A complete application for review shall be submitted to the Administrator including payment of a fee as set forth in this UDO. Upon request, all preliminary plans and all plats shall be submitted in an electronic form acceptable to the Administrator and compatible with the City's Geographic Information System (GIS). The signatures of all owners of land within the boundary of the preliminary plan or the plat shall be required on the application.A representative of an owner may sign the application provided a written letter of agency is provided to the City with the application. If the property owner is not an individual but an entity (e.g., business or trust), the application must be accompanied by proof of authority for the individual to sign on behalf of the entity. 3. When required to submit the following, the applications shall comply with and/or show the following information: a. Preliminary Plans. When submitting preliminary plans, the following information is required: 1) The preliminary plan shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Article 8 Subdivision Design and Improvements; 2) The words "PRELIMINARY PLAN - NOT FOR RECORD"shall appear on the plan; 3) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 4) The name and address of all property owners, developers and subdividers, engineers, and surveyors; 5) Description by metes and bounds of the subdivision which shall close within accepted land survey standards (labeled on boundary lines, not separate metes and bounds description). An accurate location of the subdivision or development shall be provided by reference to an established survey or league corner, City of College Station horizontal control monument, subdivision corner, or other known point. Primary control points or descriptions and ties to such control point, to which, later, all dimensions, angles, bearings, block numbers, and similar data shall be referred. The preliminary plan shall be located with respect to a corner of the survey or tract, or an original corner of the original survey of which it is a part; 6) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development shown; 7) Indicate whether the contiguous property is platted and provide the name of all contiguous subdivisions or names of owners of contiguous, unplatted parcels; ORDINANCE NO.2017-3967 Page 12 of 18 8) The following existing features shall be shown: (a) The location, dimension, name and description of all recorded streets, alleys, reservations, easements, or other public or private rights-of-way within the subdivision or development, intersecting or contiguous with its boundaries or forming such boundaries. In the case of pipelines carrying flammable gas or fuel, the approximate location, size of line, design pressure and product transported through the line shall be shown; (b) The location, dimension, description and name of all existing or recorded lots, parks, public areas, permanent structures and other sites within or contiguous with the subdivision or development; (c) The location, dimensions, description, and flow line of existing watercourses and drainage structures within the subdivision, development or contiguous thereto; (d) The location of the one hundred-year floodplain according to the most recent best available data; 9) Date of preparation, scale in feet, and north arrow; 10) Topographic information, including contours at two-foot intervals, flow line elevation of streams, and wooded areas; 11) The location, approximate dimensions, description and name of all proposed streets, alleys, drainage structures, parks, or other public areas, easements, or other rights-of- way, blocks, lots, and other sites within the subdivision or development. Proposed channel cross sections, if any. Existing and/or proposed well site locations; 12) A number or letter to identify each lot and each block. Lots and blocks shown on a preliminary plan should be numbered sequentially; 13) Location of current City limits line, and current zoning district boundaries; 14) Vicinity map which shows general location of subject property to existing streets in College Station and to its City limits. No scale is required but a north arrow is to be included; 15) Show number of residential lots and average lot size when applicable; 16) Provide a note to identify a Cluster Subdivision when applicable; 17) Provide any oversize participation requests that will be sought; 18) Provide title report for property that is current within ninety (90) days and includes applicable information such as ownership, liens, encumbrances, etc; 19) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO; 20) Provide a note on the Preliminary Plan to identify the Residential Parking Option chosen from the Single-Family Residential Parking Requirements for Platting when applicable; and 21) As applicable, applicants shall submit the information, documents, and materials set forth in the Traffic Impact Analysis Section in Article 7 of this UDO. b. Final Plats and Other Plats to be Recorded. When submitting Final Plats, Replats, Minor Plats, Amending Plats, Vacating Plats, and Development Plats, the following shall be required: 1) The plat shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Article 8 Subdivision Design and Improvements unless expressly provided for otherwise; ORDINANCE NO.2017-3967 Page 13 of 18 2) Prior to filing a plat for record, provide current certified tax certificates from all taxing agencies showing payment of all ad valorem taxes on the land within the subdivision; 3) Provide title report for property that is current within ninety (90) days and includes applicable information such as ownership, liens, encumbrances, etc; 4) Provide the plat on sheets twenty-four(24) inches by thirty-six (36) inches to a scale of one hundred (100) feet per inch or larger. Smaller scales may be allowed at the discretion of the Administrator. If more than one (1) sheet, provide an index sheet at a scale of five hundred (500) feet per inch or larger; 5) Vicinity map which shows general location of subject property to existing streets in College Station and to its City limits. No scale is required but a north arrow is to be included; 6) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 7) Date of preparation, scale in feet, and north arrow; 8) The name and address of all property owners, developers, subdividers, engineers, and surveyors responsible for the plat; 9) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development shown; 10) For a replat where there are existing improvements, provide a survey of the subject property showing the improvements to ensure that no setback encroachments are created; 11) The name of contiguous subdivisions and names of owners of contiguous parcels, and an indication whether or not contiguous properties are platted; 12) The location of the one hundred-year floodplain and floodway according to the most recent best available data; 13) A number or letter to identify each lot and each block. Lots and blocks shown on a plat should be numbered sequentially; 14) Provide the number of lots and average lot size when applicable; 15) Provide a note to identify a Cluster Subdivision when applicable; 16) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO; 17) The Plat shall also include the following, based on field survey and marked by monuments and markers: (a) The exact location, dimensions, name, and legal description of all existing or recorded streets, alleys, easements, or other rights-of-way within the subdivision or development, intersecting or contiguous with the boundary or forming such a boundary with accurate dimensions, bearings or deflection angles and radii, area, center angle,degree of curvature,tangent distance,and length of all curves,where applicable; (b) The exact location, dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, and other public areas, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision or development, with accurate dimensions, bearings, or deflection angles and radii, areas, center angle, degree of curvature, tangent distance, and length of curves, where applicable; ORDINANCE NO.2017-3967 Page 14 of 18 (c) Lot corner markers and survey monuments shall be shown clearly by symbol, and clearly tied to City of College Station horizontal control monuments; (d) The following,when applicable, shall appear on the face of the plat: (See examples in , Article 8 Subdivision Design and Improvements.) i. Certificate of Ownership and Dedication; ii. Certificate of Surveyor and/or Engineer; iii. Certificate of City Engineer; iv. Certificate of Planning and Zoning Commission; v. Certificate of the County Clerk; vi. Certificate of City Planner; and vii. Certificate of Approval. 18) The plat shall be accompanied by the construction documents and reports as prescribed below and bearing the seal and signature of a registered professional engineer. All shall be in accordance with the Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and shall include the following: (a) Construction plans shall be provided on twenty-four-inch by thirty-six-inch sheets; (b) Street, alley, and sidewalk plans, profiles, and sections, with specifications and detail cost estimates; (c) Sanitary sewer plan with contours, plan and profile lines, showing depth and grades, with sewer report and detailed cost estimates; (d) Water line plan showing fire hydrants, valves, etc., with specifications and water report and a detailed cost estimate.This may be combined with related information supplied for preliminary plan submissions; (e) Storm drainage system plan with contours, street lines, inlets, storm sewer and drainage channels with profiles and sections. Detail drainage structure design and channel lining design if used,with specifications, drainage report, and detailed cost estimate; (f) Street lighting plan showing location of lights, design, and with specifications and detailed cost estimates; and (g) Any associated necessary items, including but not limited to off-site public utility easements, permits or approval of governmental agencies. 19) Eleven-inch by seventeen-inch copies of the plat (not necessarily to scale) will be requested by the Administrator when the plat has been reviewed and has the potential to be scheduled for a Planning and Zoning Commission meeting for consideration; 20) Provide a note on the Final Plat to identify the Residential Parking Option chosen from the Single-Family Residential Parking Requirements for Platting when applicable." ORDINANCE NO.2017-3967 Page 15 of 18 Exhibit F That Appendix A, "Unified Development Ordinance," Article 3, "Development Review Procedures",Section 3.4.E,"Review Procedures"of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: "E. Review Procedure. 1. Preliminary Plan Review. a. Review and Approval by the Administrator. 1) If a waiver or discretionary item is not included or required with the Preliminary Plan application, the Administrator may review and approve the application. The Administrator shall review the Preliminary Plan application for compliance with the following elements: (a) City's Comprehensive Plan including but not limited to the Land Use Plan, Thoroughfare Plan, Utility Master Plans, Parks and Recreation Master Plan, Bicycle, Pedestrian and Greenways Master Plan, Sidewalk Master Plan; (b) Existing zoning of the property, if applicable; (c) Article 8, Subdivision Design and Improvements; (d) Form and content as required in the Application Requirements Section of this UDO; (e) If phased, the Preliminary Plan must demonstrate sufficiency and viability of public infrastructure for each phase such that an undue burden is not placed on any particular phase. In addition, the proposed phasing is not to create phases or potential remainders of a size, shape or location so as not to be developable in compliance with this UDO; and (f) Other provisions of this UDO as applicable. 2) The Administrator shall approve or disapprove of the same based on compliance with the elements listed above. b. Review and Recommendation by Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board shall review the Preliminary Plan application for compliance with the parkland dedication requirements of Article 8, Subdivision Design and improvements and recommend approval, approval with conditions, or disapproval of the same. This recommendation must be considered by the Administrator or the Planning and Zoning Commission in its review. Once the Board has determined compliance, the Preliminary Plan and subsequent plats may proceed directly to the Administrator or the Planning and Zoning Commission. c. Consideration by Planning and Zoning Commission. If a Preliminary Plan application includes one or more waiver requests or discretionary items, the Administrator shall forward the Preliminary Plan to the Planning and Zoning Commission for consideration when it meets all of the technical terms and conditions of this UDO. Proposed parkland dedication equal to or exceeding five (5) acres and dedications of floodplain or greenway not previously considered by the Planning & Zoning Commission shall be considered discretionary items. The Administrator shall provide a recommendation on the waiver request(s) or discretionary items) as appropriate. The Planning and Zoning Commission shall receive the recommendations of the Administrator and the Parks and ORDINANCE NO.2017-3967 Page 16 of 18 Recreation Advisory Board and shall approve, disapprove, or conditionally approve the Preliminary Plan with modifications based on compliance with the same elements listed in the Review and Recommendation by Administrator. Conditions of approval must entail corrections, changes, or completion of items that are ministerial in nature and explicitly spelled out. d. Effect of Approval. Approval of a Preliminary Plan shall mean the following: 1) Approval of a Preliminary Plan application by the Administrator or the Planning and Zoning Commission shall allow the applicant to continue the subdivision process by submitting a Development Permit application with construction plans and a Final Plat application. 2) Approval of a Preliminary Plan shall not constitute approval of a Final Plat. Application for approval of a Final Plat will be considered only after the requirements for Preliminary Plan approval as specified herein have been fulfilled and after all other specified conditions have been met. 3) If a Final Plat is not filed with the City within twenty-four (24) months of the date of approval or conditional approval of a Preliminary Plan, the Planning and Zoning Commission may, upon written application of the applicant, extend the approval for a one-time additional twelve-month period. The request for consideration of an extension shall be submitted to the Administrator at least thirty (30) days before the Preliminary Plan approval expires. 4) Each Final Plat which is a phase of an approved Preliminary Plan shall extend the expiration date of the Preliminary Plan an additional two (2) years from the date the Final Plat was approved by the Commission. 5) If a Preliminary Plan is phased, Final Plats shall only be permitted to proceed to the Planning and Zoning Commission in the numerical order set forth on the Preliminary Plan. 2. Amendments to an Approved Preliminary Plan. a. Minor Amendments. Minor amendments of an approved Preliminary Plan may be in an application for approval of a Final Plat without the necessity of filing a new application for approval of a Preliminary Plan. Minor amendments may include adjustment in street or alley alignments and lengths, phasing, adjustment in lot lines that do not result in creation of additional developable lots, or adjustments to utility or access easements. Minor amendments shall comply with the standards of this UDO, shall not alter a subdivision standard that is discretionary to the Commission, or shall not increase the extent of an approved waiver to a subdivision standard. b. Major Amendments. All other proposed amendments of an approved Preliminary Plan not constituting a minor amendment shall be considered a major amendment and require the approval of a new Preliminary Plan application by the Administrator or the Commission, as appropriate. Major amendments include but are not limited to an increase in the number of developable lots, rerouting of streets, addition or deletion of alleys, change to thoroughfare street layout, or modification to parkland. c. Amendment Determination. The applicant shall provide a written description of proposed amendments to an approved Preliminary Plan. The Administrator shall make the determination of whether the proposed ORDINANCE NO.2017-3967 Page 17 of 18 amendments are deemed minor or major amendments.At the discretion of the Administrator, a new Preliminary Plan application that proposes major amendments may be processed simultaneously with a Final Plat application. d. Retaining Previous Approval. If the proposed major amendments are not approved or if the applicant is unwilling to accept the terms and conditions required by the Administrator or the Commission,the applicant may withdraw the proposed amendments by written request and retain the previously approved Preliminary Plan. 3. Final Plat, Replat,Vacating Plat, and Development Plat Review. a. Review and Recommendation by Administrator. 1) The Administrator shall review the plat application for compliance with the elements: (a) The approved Preliminary Plan, if applicable; (b) City's Comprehensive Plan including but not limited to the Land Use Plan, Thoroughfare Plan, Utility Master Plans, Parks and Recreation Master Plan, Bicycle, Pedestrian and Greenways Master Plan, Sidewalk Master Plan; (c) Existing zoning of the property, if applicable; (d) , Article 8, Subdivision Design and Improvements; (e) Form and content as required in the Application Requirements Section of this UDO; and (f) Other provisions of this UDO as applicable. 2) If public infrastructure is required for the plat, the following is required in order for the plat application to be complete to be scheduled for Planning and Zoning Commission consideration: (a) The construction documents must be approved by the City Engineer; (b) Any necessary off-site easements are reviewed and acceptable by the City in recordable form; and (c) Either the public infrastructure is constructed by the applicant and accepted by the City, or a guarantee provided to the City Engineer in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section in Article 8 of this UDO. 3) The applicant will be advised of the date set for Planning and Zoning Commission consideration. 4) The Administrator shall recommend approval or disapproval of the same. b. Review and Recommendation by Parks and Recreation Advisory Board. If not already determined through an approved Preliminary Plan, the Parks and Recreation Advisory Board shall review the plat application for compliance with the parkland dedication requirements of Article 8, Subdivision Design and Improvements, and recommend approval, approval with conditions, or disapproval of the same. This recommendation must be considered by the Planning and Zoning Commission in its plat review. c. Criteria for Approval by Planning and Zoning Commission. Within thirty (30) days after the plat is filed, the Planning and Zoning Commission shall receive the recommendation of the Administrator and the Parks and Recreation Advisory Board and shall approve or disapprove such plat. The Commission's action shall be based on compliance with the review elements listed in Final Plat, Replat, Vacating Plat, and ORDINANCE NO.2017-3967 Page 18 of 18 Development Plat Review and the City Engineer's approval of all required infrastructure as proposed in the construction documents and which has been constructed and accepted or guaranteed in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section in Article 8, Subdivision Design and Improvements, of this UDO. Conditions of approval must entail corrections, changes, or completion of items that are ministerial in nature and explicitly spelled out d. Recordation. If the Planning and Zoning Commission has approved the plat, the plat shall be recorded in the Office of the County Clerk of the county in which the plat is located when all requirements and conditions have been met. 4. Minor Plat and Amending Plat Review. a. Review and Action by Administrator. The plat shall be reviewed by the Administrator for compliance to all applicable requirements of this UDO including those elements identified in the Preliminary Plan Review and the following procedures: 1) Consideration of the approval, approval with conditions, or recommended denial of the plat by the Administrator usually within fifteen (15) days of filing a Minor Plat or Amending Plat; 2) The Administrator shall approve, approve with conditions, or recommend denial and forward the plat to the Planning and Zoning Commission at the next available meeting. The Administrator may also elect to forward the plat to the Commission for any reason. Conditions of approval must entail corrections, changes, or completion of items that are ministerial in nature and explicitly spelled out; 3) If forwarded to the Planning and Zoning Commission, the Commission shall approve, disapprove, or conditionally approve the plat. Conditions of approval must entail corrections, changes, or completion of items that are ministerial in nature and explicitly spelled out; 4) Upon approval of the Commission meeting minutes, the Administrator shall make them available to the applicant; 5) A report shall be made to the Commission at each meeting notifying the Commission of any Amending Plats or Minor Plats that were approved by the Administrator since the last Commission meeting. b. Recordation. If favorable final action has been taken by the Administrator or the Planning and Zoning Commission, the Minor Plat or Amending Plat shall be recorded in the Office of the County Clerk of the county in which the plat is located when all requirements and conditions have been met."