Bee Cave City Zoning Code
SECTION 3
5 Zoning-Related Development Review Procedures
§ 3.5.1 Applicability, completeness, and expiration.
A.
Applicability. The following procedures apply to any plan or application under this Section 3.5.
B.
Determination of completeness. No application may be accepted for processing or approved until the Responsible Official specified in this Section 3.5 or subsection 1.2.5 for each plan or permit type issues a Certificate of Completeness.
C.
The Responsible Official will not accept an application for processing unless the application is accompanied by all documents required by this UDC and prepared in accordance with applicable requirements of this UDC and as may be reasonably required by the Responsible Official.
1.
The Responsible Official will issue a Certificate of Completeness in accordance with the following procedures:
(i)
The Responsible Official will issue a Certificate of Completeness no later than the tenth (10th) business day following the Official Vesting Date, as applicable (see table above).
(ii)
The Responsible Official will notify the applicant that the application is incomplete no later than the tenth (10th) business day following the Official Vesting Date, as applicable.
(1)
The Responsible Official will provide notice by the U.S. Postal Service or by electronic mail based on information provided by the applicant on the application.
(2)
The notice will specify the documents or other information needed to complete the application and provide the date the application will expire if the requested documents or other information are not provided to the City.
(3)
A typographical error does not constitute an incomplete application.
(iii)
If the Responsible Official fails to serve notice, the application is considered complete on the eleventh (11th) business day following the Official Vesting Date.
(iv)
If the Responsible Official issues a Certificate of Completeness, the City will process the application as required by this UDC and State Law.
(v)
If an official of the City processes an application under this Section 3.5 prior to the Responsible Official issuing a Certificate of Completeness, the Responsible Official may declare the application invalid or revoke any permit or approval issued thereunder. The Responsible Official will notify the applicant in writing of such revocation.
2.
Issuance of a Certificate of Completeness certifies only that the application is administratively complete and ready for review and does not constitute a determination that the application complies with this UDC.
3.
Issuance of a Certificate of Completeness does not imply or indicate that the City will approve the application.
D.
Time restriction on resubmittal of incomplete application.
1.
In accordance with TLGC 245.002(e), an application under this Article automatically expires at the close of business on the forty-fifth (45th) calendar day after the Official Vesting Date if:
(i)
The applicant fails to provide documents or other information necessary to comply with the City's requirements relating to the form and content of the permit application; and
(ii)
The City provides to the applicant, not later than the tenth (10th) business day after the Official Vesting Date, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information is not provided; and
(iii)
The applicant fails to provide the specified documents or other information necessary to ascertain compliance with the City's requirements relating to the application within the time provided in the notification.
(Ordinance 475 adopted 6/28/22)
§ 3.5.2 Certificate of occupancy.
A.
Required before initiation of use. No building erected, expanded, modified, or altered, or land may be used for any purpose other than those uses authorized by a valid Building Permit or as expressly authorized by the Building Official until the Building Official issues a Certificate of Occupancy authorizing the use consistent with the underlying zoning district and the Use Charts (see subsection 3.3.5), the adopted Building Code, Electrical Code, Fire Code, Plumbing Code, and all other provisions of this UDC.
B.
Required for change of use. If a building or land has been in use under a valid Certificate of Occupancy, a new Certificate of Occupancy is required in the following circumstances:
1.
The established use changes to another use authorized in the Use Charts (see subsection 3.3.5); or
2.
The person, business, organization, or other entity to whom the Certificate of Occupancy was issued is succeeded by another entity who will operate the same business or use; or
3.
The entity to whom the Certificate of Occupancy was issued changes its name from the name listed on the Certificate of Occupancy.
C.
Vacant land. Application may be made to the Building Official or designee for a Certificate of Occupancy for use of vacant land.
D.
Cessation of use. If the entity ceases to operate at the location listed on the Certificate of Occupancy, it must surrender the Certificate of Occupancy immediately to the Building Official.
(Ordinance 475 adopted 6/28/22)
§ 3.5.3 Alternative compliance.
A.
Purpose and applicability.
1.
The purpose of Alternative Compliance is to eliminate the need for variances, ad hoc, or discretionary zoning standards by allowing for different standards that conform to the intent of the UDC and the Comprehensive Plan.
2.
A request for Alternative Compliance may be submitted for review and approval with a Site Plan application.
3.
Alternative Compliance requests must be clearly delineated on the Site Plan and described in a narrative format as part of the application submittal. Alternative Compliance requests must include references to specific sections within the UDC that allow for consideration of Alternative Compliance (see Table 3.5-1).
Table 3.5-1: Standards Allowing Alternative Compliance | |
Standard Allowing Alternative Compliance | Section Reference |
Site Landscaping | 5.1.1 |
4.
Alternative Compliance requests must not reduce or constitute a variance from an applicable zoning district standard unless the UDC identifies the standard as qualifying for Alternative Compliance.
B.
Alternative compliance evaluation criteria. The Planning Director may approve an Alternative Compliance standard if it meets each of the following:
1.
The proposed Alternative Compliance standard is in agreement with and promotes the recommendations and policies of the Comprehensive Plan;
2.
The proposed Alternative Compliance standard does not diminish the intent of the original standard unless it is, to the greatest extent practical, equally mitigated or improved by increasing standards of other requirements; and
3.
The proposed Alternative Compliance standard does not modify the land uses or increase the density allowed in the zoning district in which the subject property is located.
(Ordinance 475 adopted 6/28/22)
§ 3.5.4 Zoning and site design compliance plan ("site plan").
A.
Purpose.
1.
The purpose of the Site Plan process is to coordinate and expedite review of proposed improvements to property. Through Site Plan review, the City and other jurisdictional agencies can effectively apply the standards of this UDC and other applicable development standards to Multi-Family, Mixed-Use, and Non-Residential development.
2.
This process is intended to promote the efficient use of land, safe vehicular and pedestrian circulation, appropriate provision of landscaping, open space, parking, screening, and lighting.
B.
Design standards and specifications. All Site Plans must conform with applicable requirements and regulations found in the following documents or articles:
1.
The recorded plat for the subject property, as applicable. If no recorded plat is applicable, the site design shall be in conformance with the design standards of Section 2.5, as applicable.
7.
Fire Code;
8.
Building Code;
9.
Technical Manual(s);
10.
Any design standards and specification approved by the City Council following adoption of this provision.
C.
Site plan applicability.
1.
The following applications require Site Plan approval:
(i)
A request for approval to construct one (1) or more residential buildings consisting of three (3) or more units per building;
(ii)
A request for approval to construct a Townhome or Patio Home development.
(iii)
A request for approval to construct residential and non-residential uses in the same building (Mixed-Use);
(iv)
A request for approval to construct a non-residential development;
(v)
A request for approval to construct a building within a Planned Development district, unless otherwise exempted in this UDC or in the ordinance adopting the Planned Development district;
(vi)
A request for a shared non-residential facility within a residential Subdivision, such as a clubhouse, pool house, or gated entry maintained by a Property Owners' Association;
(ix)
Any amendment to an element of a previously approved Site Plan (e.g. landscape plan, lighting plan).
E.
Fees, forms, and procedures.
1.
The City's adopted Fee Schedule will establish fees relating to the Site Plan approval process.
2.
The City will not approve a Site Plan for a property until the property owner provides evidence demonstrating payment of indebtedness (see subsection 1.4.2.D).
3.
The City is hereby authorized to prepare application forms that include requirements for information, checklists, architectural or engineering drawing sizes and contents, contact information for the property owner, applicant, and technical consultants, and any other information deemed necessary by the City to review the application for compliance with City codes.
4.
The applicant is responsible for submitting the application by the deadline indicated on the City's published Development Schedule.
5.
The Planning Director is responsible for maintaining and making available the application forms applicable to a Site Plan request.
6.
The application forms may be revised or changed at any time without notice consistent with the UDC.
Figure 3.5.4-1 Administrative Site Plan Approval Process  |
F.
Approval process.
1.
Administrative site plan.
(i)
The Planning Director is responsible for approving a Site Plan with no associated Specific Use Permit or Waiver Request if it meets all the requirements of the UDC, including, but not limited to the following criteria:
(1)
The Site Plan complies with the regulations of this UDC, the underlying zoning district, and all other applicable development regulations;
(2)
The Site Plan ensures the efficient use of land, safe and interconnected vehicular and pedestrian circulation, appropriate provision of landscaping, open space, parking, screening, and lighting;
(3)
The property is served or will be served by Adequate Public Facilities;
(4)
The Site Plan coordinates and correctly documents Public Facilities or their construction;
(5)
The Site Plan does not conflict with any requirements or standards of Article 2 or the applicant has obtained the necessary Subdivision Waiver;
(6)
The Site Plan provides for coordination of streets consistent with the Future Thoroughfare Plan, including providing deceleration lanes, median openings, and turn bays, and provides access between properties, through one (1) or more Driveway Stub-Outs and one (1) or more Cross Access Easements (see subsection 2.5.10) as required by the City Engineer in accordance with the goals and objectives of the adopted Comprehensive Plan.
(7)
The Site Plan provides landscaping and screening that adequately buffer and shield lights, noise, movement, or activities from abutting properties and complement and integrate the design and location of buildings into the overall site design (see Article 5);
(8)
The design and location of parking areas and loading facilities ensures that all spaces are usable and safely located (see subsection 3.4.1.C [3.4.2]);
(9)
Sufficient width and suitable grade are provided in all vehicle maneuvering areas to accommodate potential traffic and to provide access for garbage disposal, firefighting and emergency equipment;
(10)
Exterior lighting is designed in compliance with the City's Dark Skies policies while also ensuring the safety of visitors to the site and to building occupants, including the minimization of glare and reflection upon abutting properties (see Section 6.1 [6.2]);
(11)
The Site Plan provides and configures open space in a way that ensures such areas are usable for the planting and sustenance of trees and shrubs, provide an area for safe pedestrian paths and for seating areas, contribute to the objectives of Article 6 Supplemental Development Standards, Article 7 Stormwater Management, and Article 8 Flood Damage and Prevention, and prevent large expanses of paved area;
(12)
The Site Plan protects and conserves soil from erosion by wind or water; and
(13)
The Site Plan protects and conserves watercourses and flood-prone areas.
(ii)
Planning Director action.
(1)
The Planning Director will inform the applicant of any deficiencies and provide instructions for the resubmittal of corrected plans in accordance with the City's adopted Development Schedule.
(2)
The Planning Director may approve or deny a Site Plan or may defer any Site Plan to the Planning and Zoning Commission for approval or denial.
(3)
If the Site Plan has an associated Specific Use Permit or Waiver Request, it will be forwarded to the Planning and Zoning Commission for recommendation and City Council for action in accordance with Table 3.522 [Table 3.5-2].
(iii)
Letter of decision. The Planning Director will issue an official Letter of Decision within ten (10) calendar days of the date the Site Plan is approved or denied.
G.
Approving bodies. Table 3.5-2 is a Summary of approving bodies for each type of Site Plan.
Table 3.5-2: Site Plan Approval Authority | |||||
|---|---|---|---|---|---|
Application Type | City Council | Planning and Zoning Commission | Staff (Responsible Official) | Public Notice | Section Reference |
R= Review/Recommending body | DM= Decision-Making Body (final decision to approve or deny) | < >= Public Hearing| Hearing Notice: N= Newspaper; M= Mail | |||||
SITE PLAN | |||||
Site Plan with Specific Use Permit | <DM> | <R> | R | N, M | § 3.5.6 |
Site Plan with an associated Waiver Request | DM | R | R | — | § 3.5.3.4 |
Site Plan | DM (if P&Z decision is appealed by applicant) | DM (if appealed by applicant or deferred by staff) | DM | — | § 3.5.4 |
Alternate Compliance Site Plan | DM (if P&Z decision is appealed by applicant) | DM (if appealed by applicant or deferred by staff) | DM | — | § 3.5.3 |
H.
Site plan effect of approval.
1.
By approving a Site Plan, the City authorizes the applicant to receive a site plan permit for construction of the same and apply for approval of a Building Permit associated with the project for which the Site Plan was approved.
2.
During the time the Site Plan remains valid, the City will not apply additional requirements concerning building placement, streets, drives, parking, landscaping, or screening.
3.
Site Plan approval is separate and distinct from other permits and approvals required by the UDC or other regulatory agencies.
I.
Fiscal Security for completion of improvements.
1.
Estimated cost and security approval.
The City requires Fiscal Security in the amount of one hundred and ten percent (110%) of the cost to construct and complete all required erosion and sedimentation controls, including, water quality facilities; and roadway and pedestrian facilities, to the City's standards as estimated by the applicant's engineer, and as approved by the City Engineer.
2.
Type of security.
The applicant must guarantee proper construction of the improvements and payment of all claimants supplying labor and materials for the construction of improvements, in accordance with the City's standards and with the UDC, by one of the following methods:
(i)
Cash or Check.
(ii)
An Irrevocable Letter of Credit may be accepted and approved as to form by the City Attorney (see section 2.4.4 Table 2.4-1: Summary of Fiscal Security Types for scenarios in which a Letter of Credit is acceptable).
(iii)
A bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City, on the form provided by the City (see Section 2.4.4 Table 2.4-1: Summary of Fiscal Types for scenarios in which a bond is required or acceptable).
(iv)
All performance and payment bonds shall be approved as to form by the City Attorney.
J.
Pre-construction meeting.
1.
The Applicant of the Applicant's agents must attend a Pre-Construction Meeting with the City Engineer following the approval of the Site Plan and before Construction Release.
2.
Sequence of events.
(i)
Notice.
Once the Applicant receives written notice from the City Engineer that the Site Plans are approved, the project is eligible for a Pre-Construction Meeting. It is the responsibility of the Subdivider to schedule the Pre-Construction Meeting with all applicable jurisdictional entities.
(ii)
Pre-construction meeting.
The purpose of the Pre-Construction Meeting is to discuss administrative, communication, and operating procedures for project construction. The Pre-Construction Meeting is a prerequisite for Construction Release and will not be scheduled until all fees are paid and fiscal security is posted with the City.
K.
Site closeout.
1.
Prior to issuance of the Certificate of Occupancy, the construction work associated with the approved Site Plans must be closed out by the City Engineer. The following checklist is required to be completed prior to the City Engineer closing out the site:
(i)
Record Drawings (stamped as such by the engineer);
(ii)
Confirm the City has received recorded restrictive covenants for the water quality maintenance and IPM and any applicable easements;
(iii)
Final acceptance letters from all applicable approval entities;
(iv)
Concurrence letters from engineer and landscape architect (City Staff will not perform the final site inspection until these are received);
(v)
Final inspection by City engineering department staff;
(vi)
CAD (.dwg) files of the improvements including easements and boundary information;
(vii)
Post two (2) year maintenance bond(s), effective at the time of site closeout, in the amount of twenty five percent (25%) of the original performance bond amount(s);
(viii)
Provide all Stormwater Pollution Prevention Plan (SW(3)) inspection reports generated through the duration of the project construction period.
L.
Amendments to approved site plans.
1.
The Planning Director may administratively approve changes from an approval Site Plan without requiring the applicant to submit a new Site Plan application for approval, if the requested changes meet the criteria listed in Section 3.5.4.L.3. If this criteria is not met, a new Site Plan Application must be submitted.
2.
If a Site/NPS Plan permit has been issued but revisions are requested prior to Construction Release or after the site has been closed out by the City a Site Plan Amendment application with revised plans is required. If the requested changes occur during construction, changes may be administratively approved as a Site Plan Revision by the City Engineer but must be reflected on an updated plan set or record drawings, as appropriate, prior to site closeout.
3.
Such requested changes must meet the following criteria:
(i)
Adjustments are no more than ten percent (10%) or fifty (50) feet in any direction, whichever is less, to the location or configuration of roadways, sidewalks, utilities, parking areas, buildings, landscape features (shrubs and trees), ponds, or any other improvements depicted on the Site Plan.
(ii)
Adjustments are no more than five percent (5%) to the building square footage of any individual building to be constructed within the area of the Site Plan. The Planning Director is not authorized to make an administrative adjustment that exceeds any limitation (minimum or maximum) on impervious cover, height, or floor area for the district (see subsection 3.4.1).
(iii)
Adjustments are no more than five percent (5%) to the number of required parking spaces within the area of the Site Plan.
(iv)
Adjusts flat work such as curbs, sidewalks, streets, decks, and other paved areas if there is no net increase in impervious coverage within the area of the Site Plan.
(v)
Adjusts any building facade, including adjustments to materials, colors, windows, weather protection such as awnings and porticos, or building height adjustments of ten (10) feet or less. The Planning Director is not authorized to make an administrative adjustment that increases residential unit density, adds one or more floors, or reduces compliance with any architectural or building height requirements of this UDC.
(vi)
Adjusts landscaping shown on the Site Plan, provided that the revision complies with Article 5.
(vii)
Does not authorize the construction or relocation of any retaining wall, regardless of whether the retaining wall is shown on the Site Plan.
(viii)
Adjusts or relocates water quality nonpoint source pollution BMP areas, such as vegetative filter strips, on an individual single-family lot if the applicant provides a letter from a licensed engineer stating that the adjusted or relocated BMP will provide water quality treatment at the same level or better than the original BMP and in conformance with Section 7.3.
(ix)
Authorizes only minor construction on an individual single-family lot within water quality nonpoint sources BMP areas, such as a rainwater harvesting system in a vegetative filter strip, if the applicant provides a letter from a licensed engineer stating that the minor construction will not adversely impact the BMP's ability to perform water quality treatment at the same level or better than the original BMP and in conformance with Section 7.3.
(x)
The Planning Director may grant approval of construction or adjustment in BMP areas on the condition that the applicant abandon any easement established for the original BMP on a Plat or separate instrument and dedicate a new easement encompassing the modified BMP in conformance with Section 7.3. If the owner of the NPS permit is not the grantee of the easement, approval by the NPS permit holder is also required.
M.
Dormant site plans and site plan expiration.
1.
Site Plan approval expires two (2) years from the approval date unless an applicant or property owner demonstrates Progress Towards Completion.
2.
If other plans, plats, permits or other activity qualifying as Progress Towards Completion are approved for a portion of the property for which a Site Plan has been approved, the Site Plan for the remaining portion will expire unless otherwise exempted from expiration by this UDC, a Development Agreement, or by State Law.
3.
If a Site Plan expires, all vesting claims shall also expire on the property, and the applicant must submit a new Site Plan subject to the regulations in place at the time.
4.
The Planning Director may approve a six (6) month extension of Site Plan approval upon written request of the applicant prior to Site Plan expiration.
N.
Revocation of site plan approval. The Planning Director may revoke approval of a Site Plan if the City determines that the applicant has not met the conditions of approval or if the Site Plan contains, or is based upon, incorrect information or if approval was obtained using fraud or deceit.
O.
Additional development, site modifications, or redevelopment. Following the completion of improvements shown on an approved Site Plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised Site Plan, which shall be considered a new project and shall require submittal and approval of a revised Site Plan.
(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)
§ 3.5.5 Planned development district.
A.
Applications to create or amend a Planned Development District. An application for a Planned Development District creation or amendment must be in conformance to the Comprehensive Plan and demonstrate compliance with the following criteria on a certain property:
1.
General PDD criteria:
(i)
An applicant that proposes a PDD that authorizes new uses not found on the Use Charts must demonstrate the following as part of the PDD application:
(2)
The proposed use(s) are compatible with abutting uses and property; and
(3)
The proposed use(s) will positively contribute to the City's economy, not be detrimental to the City's fiscal, environmental or general health and livability, and will not require undue investments in infrastructure or City resources to operate or manage.
(ii)
Provide for integrated design and placement of buildings with regulations that govern the bulk, height, footprint, and separation of buildings.
(iii)
Creation of a coordinated and integrated transportation system throughout the district that complies with this UDC, is consistent with the City's Thoroughfare Plan, provides sufficient emergency vehicle access, and adequately manages stormwater runoff.
(iv)
Show proposed PDD boundaries. Or if an amendment, if and how the proposed amendment has the effect of altering the existing PDD boundaries;
(v)
Show proposed land uses. Or if an amendment, show if and how the proposed amendment has the effect of changing, adding, or removing uses as listed in the ordinance adopting the PDD or amendments thereto;
(vi)
Show allocation and amount of land uses. Or if an amendment, if and how a proposed amendment has the effect of increasing or reducing land allocated to a particular use or uses in a way that is different from the ordinance adopting the PDD or amendments thereto;
(vii)
Show residential density or maximum square footage of any non-residential land use, and proposed traffic impacts. Or if an amendment, if and how a proposed amendment has the effect of increasing or decreasing the residential density or maximum square footage of any non-residential land use authorized in the PDD, and whether any increase triggers the need to update or amend any associated Traffic Impact Analysis; and
(viii)
Show total impervious coverage and park, open space and landscaped areas. Or if an amendment, if it will result in a net increase of impervious coverage or net decrease in park, open space or landscaped area.
B.
Fees, forms, and procedures.
1.
The City's adopted Fee Schedule will establish fees relating to the Planned Development District creation, amendment, and approval process.
2.
The City will not approve a Planned Development District or PDD amendment for a property until the property owner provides evidence demonstrating payment of indebtedness (see Section 1.4.2.D).
3.
The City is hereby authorized to prepare application forms that include requirements for information, checklists, architectural or engineering drawing sizes and contents, contact information for the property owner, applicant, and technical consultants, and any other information or technical assistance necessary to review the amendment application for compliance with City codes.
4.
The applicant is responsible for submitting the application by the deadline indicated on the City's published Development Schedule.
5.
The Planning and Development Department is responsible for maintaining and making available the application forms applicable to a Planned Development District request.
6.
The application forms may be revised or changed at any time without notice, consistent with the UDC at the direction of the City Manager or designee.
C.
Pre-application meeting. A Pre-application Meeting (see Section 1.3 shall take place prior to submittal of an application to create or amend a Planned Development District.
D.
Planned development master plan required.
1.
An application to create or amend a Planned Development District must be accompanied by a Planned Development Master Plan.
3.
The City Manager or Designee, Planning and Zoning Commission, or City Council may also require the applicant to produce other supporting documents and exhibits demonstrating how the Planned Development District will meet the goals of this section and the Comprehensive Plan.
4.
PDD design statement. The PDD Design Statement is a written report containing each of the following elements:
(i)
The name or title of the development to be authorized by the Planned Development District (PDD);
(ii)
Identification of the base district or districts upon which the PDD regulations are based and a list of all standards applicable to the base district(s), and a list of those standards that the applicant proposes to modify with the PDD;
(iii)
If applicable, a list of requested Subdivision Waivers. Any Subdivision Waiver included in a PDD Ordinance will govern approval of any Preliminary, Final or other Plat associated with the property subject to the PDD;
(iv)
List of property owners, a property ownership affidavit, and list of developers. If a master developer initiates the application, the PD Design Statement must contain, if known, a list of prospective developers for subsequent phases or areas within the PDD;
(v)
A description of the location of the PDD and its relationship to abutting land uses, whether existing or proposed, and zoning of neighboring properties. The description should address at a minimum properties and land uses within a one-quarter (1/4) mile radius of the PDD. The City Manager or designee, Planning and Zoning Commission, or City Council may require that the description include properties outside of this area based on the size of the proposed PDD or the projected impact or relationship between the proposed district and abutting or adjoining districts;
(vi)
A description of existing and proposed streets that abut, connect to, or may be impacted by the proposed PDD;
(vii)
A description of proposed streets within the PDD, including any requested waivers to applicable street standards (see Section 2.5), street design and streetscape concepts, and the relationship of the proposed streets with existing or proposed streets outside the PDD. The applicant is encouraged to utilize the PDD to create street sections that exceed City standards for aesthetic appeal, multi-modal configurability, and traffic calming;
(viii)
Description of the PDD concept, including a breakdown of proposed acreage or square footage of land uses, sub-districts, or areas, building types, relationships between buildings, streets, and open space, residential density, if applicable, and proposed restriction of uses, building orientation, site access, and other characteristics that will define the district or as deemed necessary by the City;
(ix)
Analysis of existing elevation, slope, soils, existing trees based on a tree survey, and drainage characteristics and the strategies the PDD will utilize to protect and preserve these features in their natural condition;
(x)
Topographic map with minimum two (2) ft. contour intervals;
(xi)
Analysis of drainage area acreage and existing ponds, critical environmental features, and flood plain, if any;
(xii)
Identification of existing and proposed utilities and Public Facilities;
(xiii)
Description of proposed phasing or sequence of development;
(xiv)
Additional material requested by the City.
5.
PDD concept design map.
(i)
The PDD Concept Design Map (Design Map) is a graphic representation of the master plan for a PDD.
(ii)
The Design Map must be consistent with the PDD Design Statement.
(iii)
The Design Map must be created to a legible scale and contain sufficient detail to articulate the physical plan for implementing the components of the PDD Design Statement within the context of the proposed PDD.
(iv)
The Design Map components include, but are not limited to locations of proposed land uses, streets, property lines, landmark features, entryway features, building locations, parking locations, open space and common areas to be constructed with each phase of development, pedestrian facilities (i.e., sidewalks, paths), identification of the developer or developers responsible for constructing the common features, anticipated location of stormwater management facilities and the timing and responsibility for construction.
(v)
As a supplement to the Design Map, the applicant shall provide conceptual images of building types, open space, and streetscapes.
6.
Approval or amendment of a planned development master plan. Upon approval by City Council, the Planned Development Master Plan or amendment thereof will become part of the ordinance authorizing the Planned Development District.
7.
Expiration of planned development master plan.
(i)
The Planned Development Master Plan will expire two (2) years from the date of approval if the applicant has made no Progress Towards Completion within the Planned Development District.
(ii)
If a PDD is borne out of a Development Agreement that outlined certain development and design standards, responsibilities, and procedures relating to the development of a property and that are not consistent with a zoning district established by this UDC, the PDD Master Plan shall expire the sooner of two (2) years from the date of PD approval or on the expiration date established by the Development Agreement.
(iii)
If the Planned Development Master Plan expires, the applicant must submit a new Planned Development Master Plan for approval according to the procedures specified in this Section 3.5.5.
(iv)
Expiration of the Planned Development Master Plan does not invalidate the Planned Development District. Any new Planned Development Master Plan must comply with the Planned Development District regulations set forth in the adopting ordinance and with this UDC.
E.
Applicability and integration of Planned Development Districts approved prior to UDC.
1.
A Planned Development District approved prior to adoption of this UDC shall be governed by the ordinance that created the original Planned Development or the most recent amendment to the ordinance unless the Planned Development District is otherwise re-designated in this UDC and on the Official Zoning Map.
2.
Any amendments proposed subsequent to adoption of this UDC to a Planned Development District approved prior to adoption of this UDC must comply with this UDC unless otherwise stated in the previously adopted PDD Ordinance.
F.
Approval process.
1.
The Planning Department will review the Planned Development District new application or amendment application and will prepare a report to the Planning and Zoning Commission.
2.
The City will post public notice and mail individual notices to property owners within 200 feet of the subject property describing the request for a Planned Development District or amendment thereto according to the same requirements applicable to a zoning change request in accordance with state law (see Section 3.1.8, Amendment to Zoning Map or Text).
3.
The Planning and Zoning Commission will conduct a public hearing, consider the report of the Planning Department, and make recommendation to the City Council.
4.
The City Council may, after conducting a public hearing, vote to approve, approve with conditions, or deny the Planned Development District or amendment thereto.
G.
Requirement to submit site plan for Planned Development District. The applicant must submit a Site Plan for review and approval before receiving a Building Permit or permit to begin construction within the Planned Development District.
(Ordinance 475 adopted 6/28/22; Ordinance 542 adopted 8/27/2024; Ordinance 564 adopted 2/25/2025)
§ 3.5.6 Specific use permit.
A.
Purpose. The uses listed under the various districts within the Use Chart as "S" are so classified because the City Council has found that these uses may, because of their nature or intensity, be incompatible with other permitted uses in the same or adjacent district or may be compatible only with mitigation imposed through additional standards and conditions attached to the use.
B.
Specific use permit applicability.
Figure 3.5.6-1: Specific Use Permit Approval  |
1.
The designation of a use as permissible by Specific Use Permit (SUP) does not mean that City Council will approve the use at any location in the zoning district.
2.
Approval of an SUP does not authorize any use other than the particular use authorized in the SUP.
3.
An SUP is a land use entitlement granted to a particular property or location and may be transferred from owner to owner so long as the SUP remains in compliance with and unexpired (see subsection G).
4.
No Specific Use Permit may be enlarged, extended, or relocated unless City Council approves a new Specific Use Permit.
5.
Special Standards for Buildings Exceeding the Maximum Building Footprint or Maximum Building Height. Buildings proposed to exceed the Maximum Building Footprint or Maximum Building Height shall obtain an SUP that also requires the following:
(i)
Circulation Amenities: A safe and landscaped multimodal circulation system shall be provided on site which connects to public streets and neighborhoods. Multimodal pathways within the development shall be differentiated from driving surfaces through a change in materials. At least one substantial amenity, this chapter, shall be provided for every two thousand five hundred (2,500) square feet of structure footprint.
(ii)
Facades and Exterior Walls, Including Sides and Backs: The building shall be designed in a way that will reduce the massive scale and uniform appearance, and will provide visual interest consistent with the community's identity, character, scale and Design Features menu as described the Unified Development Code. Architectural treatment, similar to that provided to the front facade, shall be provided to the sides and rear of the building to mitigate any negative view from any location off site and any public street or area (e.g., parking lots, walkways, etc.) on site.
(iii)
Roofs: The roof design shall include articulation and architectural features that contribute to the visual interest at the pedestrian scale and reduce the massive scale of large buildings, as described in the Unified Development Code. Roof features shall complement the architectural and visual character of the area. Roofs shall have the appearance of two (2) or more roof planes either through architectural features or engineered design. Parapet walls shall be architecturally treated to avoid a plain, monotonous look. Roofs shall be lightly colored, vegetative or photovoltaic.
(iv)
<title>Building Design: All buildings shall provide a direct unencumbered multimodal connection to an abutting street. All buildings shall be designed so that parking is not located along the primary street of the building. Nonmotorized parking shall be permitted along the primary facade of the building. A buffer with a minimum width of ten feet (10') will be maintained between parking areas and all bike trails, pedestrian ways and public sidewalks. Building entrance(s), windows, roof drop areas, and other such building features shall have an appropriate setback so as not to interfere with the safe movement of pedestrians and cyclists in ambulatory areas.
(v)
Adaptability for Reuse/Compartmentalization: The building design shall include specific elements for adaptation for multi-tenant reuse. Such elements may include, but are not limited to, compartmentalized construction (including MEP, when possible). The building design shall also allow for: the interior subdivision of the structure into separate tenancies; facades that readily adapt to multiple entrances and adapt to entrances on all but one side of the building; parking lot schemes that are shared by tenants or are linked by safe and functional pedestrian connections; landscaping schemes that complement a multiple entrance design; and other elements of design which facilitate multi-tenant reuse of the building and site, including human-scale facade and landscape design on the ground-floor.
(vi)
Renewal Plan: Applications shall include a renewal plan that will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the structure in the event of closure or relocation by the original occupant. Such plan will be approved if the city finds that:
(1)
A sound and adequate plan exists for said redevelopment; and
(2)
The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by both private enterprise and the municipality; and
(3)
The renewal plan provides a maintenance plan for normal repairs and upkeep of property, including, but not limited to, building, parking lot and surfacing, landscaping, signage, and elimination of "ghost signage."
(vii)
Redevelopment Agreement: The city may enter a redevelopment agreement with the owner of the real property and undertake activities, including the acquisition, removal, or demolition of structures, improvements, or personal property located on the real property, to prepare the property for redevelopment. A redevelopment agreement entered into in accordance with this section must contain provisions obligating the owner to redevelop the real property for a specified use or uses consistent with the provisions of this title and offering recourse to the city if the redevelopment is not completed as determined by the city.
(viii)
Exemptions: Government offices, courthouses, libraries, museums, community centers, and hospitals are exempt from the required conditional use permit requirement of this section but shall conform to all other standards identified in this section.
C.
Site plan approval required for SUPs and PDDs.
1.
The City Manager or designee has the authority to waive the requirement for a fully-engineered Site Plan with submission of a Specific Use Permit if the City Manager or designee finds that preparation of a fully-engineered Site Plan is unnecessary, and that a non-fully- engineered Site Plan would be adequate for the City Council to determine appropriateness of a use only, or if the City Engineer recommends to the City Manager or designee such waiver based on the level of disturbance or alteration of the property. If the fully-engineered Site Plan requirement is waived, a non-fully-engineered Site Plan will be required and the City Manager or designee may request information needed to review compatibility of the proposed use for City Council's consideration.
(i)
If a Site Plan is solely for an SUP or PDD land use or amendment, and otherwise conforms and is in compliance with the requirements of Section 3.5.4., and as long as it is adequate to convey conformance with all applicable UDC requirements, convey adequacy for the proposed use, structures and development, and convey conformance with a proposed concept and/or master plan, then it does not have to meet the requirement to be a fully-engineered site plan. All other sections and requirements of the UDC will still pertain as applicable.
(ii)
In lieu of a fully-engineered Site Plan, when applicable under subsection (7), [sic] a Master Plan is required in addition to the Concept Plan and images if the project includes more than two (2) buildings.
2.
A Site Plan associated with a Specific Use Permit must conform with the following criteria:
(i)
After the application is deemed complete in accordance with city intake requirements and state law,, the Planning Department will conduct a technical review of the application.
(ii)
The purpose of the technical review is to determine the following criteria are met:
(1)
The Site Plan and associated Specific Use Permit comply with the regulations of this UDC, the underlying zoning district, and all other applicable development regulations;
(2)
The Site Plan and associated Specific Use Permit promote the goals and objectives of the Comprehensive Plan;
(3)
Buildings and structures utilized in the operation of the Specific Use Permit are adequate to support the use or can be improved to support the use;
(4)
The Site Plan and associated Specific Use Permit prevent or mitigate any adverse impacts, including overcrowding and congestion;
(iii)
Use of existing building.
(1)
If the Site Plan and Specific Use Permit request involves use or expansion of existing buildings or structures, the Building Official may conduct an inspection of buildings or structures to be utilized or expanded with the Specific Use Permit after the applicant submits an application for Specific Use Permit to determine the adequacy of the buildings or structures to support the proposed use and to make recommendations for improvements to the buildings or structures.
(2)
The City Council may condition approval of the Site Plan with Specific Use Permit on compliance with the Building Official's recommendations, and the Building Official may withhold a Certificate of Occupancy if the buildings or structures do not comply with the conditions.
(iv)
Public hearings required. The Planning Director will review the Site Plan according to the criteria in Subsection B above and will prepare a report to the Planning and Zoning Commission.
(1)
The Planning Director will publish public notice and mail individual notices to property owners within 200 feet of the subject property describing the request for Site Plan associated with a Specific Use Permit according to the same requirements applicable to a zoning change request (see section 3.1.8).
(2)
The Planning and Zoning Commission will conduct a public hearing, consider the report of the Planning Director, and make reccommendation to the City Council.
(3)
If the Planning and Zoning Commission recommends denial of a Site Plan with associated Specific Use Permit, City Council may only approve the application by a simple majority.
(4)
The City Council may, after conducting a public hearing, vote to approve, approve with conditions, or deny the Site Plan and associated Specific Use Permit.
D.
Compatibility conditions.
1.
City Council may approve an SUP on the condition that modifications or improvements be made to the property or site on which the SUP will be conducted to bring the property or site into conformance with this UDC including, but not limited to, improvements to lighting, parking or parking surfaces, drainage, screening, landscaping, building construction or design, signage, site access, or other improvements that will mitigate the impact of the SUP or bring the site into conformance with this UDC.
2.
The Planning and Zoning Commission may recommend and City Council may require conditions and safeguards with approval of any SUP for the purpose of protecting other properties within the same or abutting zoning district.
3.
The Planning and Zoning Commission or City Council, in evaluating the SUP request, may require any additional information beyond that required by the Planning Director or this section 3.5.6, including studies, data, or expert evaluation of the location, function, or characteristics of any use or building proposed in connection with the SUP.
4.
No SUP may be approved that is not in conformance with the Comprehensive Plan and this UDC.
E.
Specific use permit effect of approval.
1.
By approving an SUP, the City authorizes the applicant to receive approval of a Site Plan associated with the property for which the SUP was approved and receive a Site Plan Permit, and to apply for approval of a Building Permit(s).
2.
If an Applicant does not withdraw their SUP request prior to City Council approval, that shall constitute evidence of the applicant's willingness to accept and agree to be bound by and comply with the ordinance adopting the SUP, and all supporting documentation including business and operational plans, floor plans, required improvements and conditions of approval and the minimum requirements of the zoning district in which the property is located.
3.
During the time the SUP remains valid, the City will not apply additional requirements concerning building placement, streets, drives, parking, landscaping, or screening, that are not otherwise required by this UDC, or required for health, safety, and welfare.
4.
SUP approval is separate and distinct from other permits and approvals required by the UDC or other regulatory agencies.
F.
Amendments to approved specific use permits.
1.
An amendment to any approved SUP will be processed as a new Specific Use Permit request.
2.
While the SUP is in effect, no building, premises, site, property, or land used in association with the SUP may be enlarged, modified, altered physically or structurally other than for repairs or renovations to the facade, roof, building interior, fencing, or paving that do not expand the footprint of the use, building or site, unless City Council approves a new SUP.
G.
Specific use permit expiration.
1.
Unless otherwise specified by ordinance adopted by the City Council, any SUP will expire under the following scenarios:
2.
In determining whether an SUP has expired, if the applicant contests in writing to the determination, the City shall require that the property owner or applicant submit documentation showing that the building or property associated with the SUP has been occupied within the six (6) month period in question. Evidence shall be in the form of one or more utility bills showing water and electricity usage applicable to the six-month period in question, photographs, invoices for business expenses related to operation of the use, and must include sales receipts related to the use, as applicable. At their discretion, the Planning Director may accept other forms of evidence.
3.
If an applicant relies upon fraudulent or misleading information in obtaining a continuation of an SUP that would otherwise have expired due to disuse, the Planning Director is authorized to revoke the SUP and the Building Official is authorized to revoke the Certificate of Occupancy from the business or property owner.
4.
The applicant may request an extension or appeal the decision of the Planning Director to expire the SUP to the City Council. The City Council may establish an extension period of up to six (6) months beyond the date of its decision during which the SUP will remain valid. If the applicant does not obtain a Certificate of Occupancy within the extension period, the SUP will automatically expire. The City Council's decision shall be final.
H.
Revocation of specific use permit approval.
1.
The City Council may, upon recommendation by the Planning Director and the Planning and Zoning Commission, vote to revoke a Specific Use Permit upon finding that the business or property owner operating under the SUP has violated the requirements, standards, or conditions of the ordinance adopting the SUP or any other requirement or restriction found in this UDC.
2.
As an alternative to revoking the SUP, the City Council may vote to place the business or property owner on probation for up to one (1) year, subject to such criteria as the City Council deems appropriate to ensure the legal operation of the use and the protection of the public health, safety, and welfare.
3.
Unless approval for the SUP was obtained by fraud or deceit, an SUP is a zoning and land use entitlement that may only be revoked by action of the City Council.
I.
Action by city attorney. If an SUP expires or is revoked under this Section 3.5.6 and the business or property owner continues operation or does not vacate the site, the City Attorney is authorized to obtain an injunction to prevent the business or property owner from continuing to operate. The business or property owner may be held liable for any penalties under the ordinance approving the SUP or provided under this UDC or the Bee Cave Code of Ordinances.
(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024; Ordinance 541 adopted 8/27/2024)