We are in the process of platting a new subdivision that will need to be rezoned in order to build houses. Currently the land is zoned three different ways, none of which will stay the same. My idea was to submit the final plat for approval along with the application for the rezoning at the same time and using the lots & blocks shown on the plat to describe what each lot is zoned currently and what it will be rezoned to. A discussion with the city planner made it clear that they will not accept that method. They want a metes & bounds description of the three different areas to be rezoned. So I have two main questions:
1) Would the area being rezoned be considered a political subdivision?
§663.21. Descriptions Prepared for Political Subdivisions.
A registrant or licensee may prepare, sign, and seal a metes and bounds description from public land title records upon satisfying all of the following minimum conditions:
(1) The description is prepared for a political subdivision of the State (which is defined as a county, city, district, or other body politic of the State having a jurisdiction over only a portion of the State) for the sole purpose of defining or modifying the boundaries of the political subdivision.
2)Is it necessary to monument the three areas being rezoned? Keep in mind that most of the corners will not be outside boundary corners or lot corners of the residential subdivision.
(2) The description must be unambiguous and locatable on the ground by ordinary surveying procedures;
(3) Any record monument or physical monumentation called for in the description must be in place at the time the surveyor prepares the description and the surveyor must have personal knowledge of such monument sufficient to give a proper current description for the monument and its accessories;
(4) The surveyor signing the work must have performed an on the ground survey to support any course and distance recited in the description, except that the description may quote courses and distances from recorded documents (such as deeds) as long as the recording reference for any recited document is also quoted in the description; and
(5) Any survey document prepared under this rule shall bear a note as follows: "This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared."
> We are in the process of platting a new subdivision that will need to be rezoned in order to build houses. Currently the land is zoned three different ways, none of which will stay the same. My idea was to submit the final plat for approval along with the application for the rezoning at the same time and using the lots & blocks shown on the plat to describe what each lot is zoned currently and what it will be rezoned to. A discussion with the city planner made it clear that they will not accept that method. They want a metes & bounds description of the three different areas to be rezoned. So I have two main questions:
>
> 1) Would the area being rezoned be considered a political subdivision?
> §663.21. Descriptions Prepared for Political Subdivisions.
> A registrant or licensee may prepare, sign, and seal a metes and bounds description from public land title records upon satisfying all of the following minimum conditions:
> (1) The description is prepared for a political subdivision of the State (which is defined as a county, city, district, or other body politic of the State having a jurisdiction over only a portion of the State) for the sole purpose of defining or modifying the boundaries of the political subdivision.
>
> 2)Is it necessary to monument the three areas being rezoned? Keep in mind that most of the corners will not be outside boundary corners or lot corners of the residential subdivision.
> (2) The description must be unambiguous and locatable on the ground by ordinary surveying procedures;
> (3) Any record monument or physical monumentation called for in the description must be in place at the time the surveyor prepares the description and the surveyor must have personal knowledge of such monument sufficient to give a proper current description for the monument and its accessories;
> (4) The surveyor signing the work must have performed an on the ground survey to support any course and distance recited in the description, except that the description may quote courses and distances from recorded documents (such as deeds) as long as the recording reference for any recited document is also quoted in the description; and
> (5) Any survey document prepared under this rule shall bear a note as follows: "This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared."
Zoning is a hat trick for sure. We just went through all of this garbage in my city, and I can tell you, that the planners have zero ideas.
So, Technically, yes, different zones within a city should be no different than say district lines for council member seats. So long as they update the future land use map, then re-zone the area, they are okay. If they don't, they get into spot zoning.
Now, in an ideal world, you would submit a plat that has to go before P&Z, then to council, then have a hearing on it, then update the future land use map (in the same meeting pending no grudges to the contrary) then re-zone it.
However, it would appear that you practice in an area similar to ours so yes, the M&B will suffice. You do not need to monument it, but if you know of a rod, then call for it.
I can definitely see where this could get tricky depending on the current descriptions used to define the current zoning boundaries. Are any of those descriptions "fuzzy" or debatable? Are streets and alleys considered to be "zoned"? If you are having such strips vacated to be included within the new subdivision with a different array of streets and/or alleys this could get way out of hand when writing metes and bounds descriptions for partial blocks to leave out the alleys.
