Board of Aldermen Petition — The Conformity Determination Required Before Record-Plat Approval

Volume II of this petition asks the Planning and Zoning Commission to identify the zoning-conformity determination required by §410.010(I) before it recommends the pending consolidation and boundary adjustment, and to deny the plat if no such determination exists. This volume directs the same question to the Board, because the Board is the body that will act on the record plat and the body whose June 11, 2026 conditions created the sequence now at issue.

Why this is directed to the Board

1. Condition 2 placed the last step here. The June 11, 2026 approval bars any development or building permit until a boundary-adjustment plat consolidating the six lots is submitted and approved. The approval therefore does not take effect on its own terms until the plat is approved by this Board.
2. Condition 4 declined to create the lots the approval assumed. It states that the approval “does not approve a subdivision plat or creation of the lots shown as Lots 1-5,” and that those lots are “conceptual only.” Public Water Supply District No. 2’s January 2026 approval and BFA’s February 10, 2026 stormwater review were both prepared against that five-lot configuration.
3. Section 410.010(I) places conformity before record-plat approval. All plats reviewed under Chapter 410 must conform to the applicable Zoning Code provisions before the Board approves the record plat. That requirement runs to this Board, not only to the Commission.
4. The City has stated that no administrative zoning determination exists. Written requests for Board of Adjustment review were filed July 10, 2026, within thirty days of the June 11 decision. On July 16, 2026 the City declined to accept or docket them, stating that no administrative zoning determination had been made that was subject to Board of Adjustment review.

What the petitioners request of the Board

1. Before acting on the record plat, identify the zoning-conformity determination required by §410.010(I) — the operative plan by version and date, the measurements and calculations relied upon, the official who made the determination, and the date it was made.
2. If no such determination exists, decline to approve the record plat until one is made and placed in the administrative record.
3. State the Board’s answer in writing, in the minutes or by separate correspondence. A statement that no responsive record exists is a complete answer.
4. Respond in writing to the Volume I petition filed July 20, 2026, which requested rescission of the June 11, 2026 conditional approval and compliance with §410.010(G), and which has been pending without response since that date. If the City’s position is that it will not respond substantively while litigation is pending, the petitioners ask that this be stated in writing so it may be noted in the record.

The petitioners request a written response within fourteen days. A written refusal, stating grounds, is accepted as a complete response.