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<br />Retreat at Bay Forest (N&S) <br />5/21/09 - P & Z <br />Page 2 of3 <br /> <br />Retreat at Bay Forest North subdivision has 1 block, 16 single-family <br />residential lots, and 1 reserve for open space/detention purposes. The south <br />subdivision is designed to have 1 block, 12 single-family residential lots and <br />1 restricted reserve to the south of this development for detention basin. <br />Corresponding densities conform to 4.8 dwelling units per acre permitted in <br />Low-Density Residential (R-1) zoning districts per Section 106-333, Table <br />B, residential area requirements of the City's Code of Ordinances. The lot <br />sizes, however, are larger than minimum 6,000 sq. ft. required by the <br />ordinances. <br /> <br />Currently, the owner/developer has desired these subdivisions be gated <br />communities therefore needs to vacate the plats. <br /> <br />Texas Local Government Code, Chapter 212, subsection 212.013 describes <br />the following criteria for vacating plats: <br />a. The proprietors of the tract covered by a plat may vacate the plat at any <br />time before any lot in the plat is sold. The plat is vacated when a signed <br />acknowledged instrument declaring the plat vacated is approved and <br />recorded in the manner prescribed for original plat. <br />b. If lots in the plat have been sold, the plat, or any part of the plat, may be <br />vacated on the application of all the owners of lots in the plat with <br />approval obtained in the manner prescribed for original plat. <br />c. The county clerk shall write legibly on the vacated plat the word <br />"Vacated" and shall enter on the plat a reference to the volume and page <br />at which the vacating instrument is recorded. <br />d. On the execution and recording of the vacating instrument, the vacated <br />plat has no effect. <br /> <br />Here, above reference 'a' shall be applicable as no lot has been sold in these <br />subdivisions. <br /> <br />Analvsis: <br /> <br />Section 4.05 and Appendix D enclosure 5 of the City's Development <br />Ordinance establish review criteria for Vacating Plats. The vacation of <br />subdivision plats, which is authorized and regulated under this section, shall <br />be permitted, provided: <br /> <br />. All owners of property contained within the previous plat sign the <br />vacation of subdivision declaration shown on Enclosure 5 to Appendix D. <br /> <br />The owner has signed the document. However, this requirement shall <br />be satisfied once the plat is approved. <br /> <br />. Approval of the Commission is obtained and reflected by Commission <br />executed of the certificate shown on Enclosure 5 to Appendix D. <br /> <br />This requirement shall be satisfied once the plat is approved. <br /> <br />. Said owner's declaration and Commission approval certificate IS <br />recorded as a single instrument in the County records. <br />