Cedar Park, TX Zoning Ordinance

Cedar Park City Zoning Code

ARTICLE

11.06 APPROVALS AND PROCEDURES

§ 11.06.001 Purpose.

The purpose of this Article is to state the development procedures to be undertaken in sequence until an application is considered and decided by the decision-making body identified in this Article.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.01, adopted 11/9/17)

§ 11.06.002 Applicability.

The divisions of this Article apply as follows:

Division 2, Application Process, establishes the procedures that are generally applicable to all development applications.

Division 3, Approvals and Procedures, establishes the procedural requirements for development applications that allow Administrator review and final approval and sets out the procedural requirements for development applications that require a public hearing and recommendations by the Planning and Zoning Commission, prior to consideration and approval or disapproval by the City Council.

Division 4, Appeals and Variances, sets out the procedural requirements for development applications that require review and recommendations by the Administrator, and consideration and approval or disapproval by the zoning board of adjustment and Planning and Zoning Commission, respectively.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.01.02, adopted 11/9/17)

§ 11.06.003 through § 11.06.030. (Reserved)

§ 11.06.031 Pre-application conference for certain development types.

Required.

A pre-application conference is required for applications for planned development, a mixed use development, and a master development plan for a Planning Area (PA).

Purpose.

At the pre-application conference, the Administrator, or a designee, and other members of the development review committee, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the City and what information will have to be provided.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.01, adopted 11/9/17)

§ 11.06.032 Public notice.

Generally.

Public notice shall be provided in accordance with the requirements of this section and the applicable requirements of the Texas Local Government Code (TLGC).

If the requirements of this Chapter conflict with the requirements of the TLGC, the stricter requirement shall prevail.

Rezoning and special use permit general notice requirements.

The following notice requirements shall apply to all rezoning applications, including special use permits, planned developments, and Planning Area (PA) master development plans:

Publication.

Notice of the time, date, and place of a public hearing of the Planning and Zoning Commission and City Council is required by one (1) publication in a newspaper of general circulation in the City. Such notice shall:

State the nature of the proposed zoning change, the address and location of the subject property being considered, and the hearing date; and

Be published before the 15th day before the City Council public hearing date.

Mailed notice.

Written notice of the time, date, and place of the public hearing is to be sent to all owners of real property located within 300 feet of the property for which the zoning change is requested,

The notice shall be sent prior to the 10th day before the Planning and Zoning public hearing date by depositing in the mail such notice properly addressed and postage paid;

The notice shall be sent to each owner as the ownership appears on the last approved City tax roll; and

The Administrator shall record the names and addresses of all persons, firms, and corporations to whom notices were mailed, including the date of mailing.

Posting signs.

The applicant shall post signs noticing the public hearing as stated below:

For property located on roadways with a speed limit less than 45 miles per hour, 18" x 24" signs shall be placed at intervals of 200 feet along the roadway frontage of the property.

For property located on a roadway with a speed limit of 45 mph and greater, 24" x 36" signs shall be placed at intervals of 200 feet along the roadway frontage of the property.

No more than three (3) signs shall be required per roadway frontage.

If a tract has less than 200 feet of frontage per roadway, then only one (1) sign is required per road frontage.

Signs shall be erected at least 10 days prior to the Planning and Zoning public hearing.

Neighborhood communication summary.

If the exterior boundary of any property that is proposed for zoning or a rezoning is located within 500 feet of any property zoned or used for single-family residential development, the applicant is required to submit a neighborhood communication summary.

Purposes.

The purposes of the neighborhood communication summary are to:

Educate the applicant and area residents about each others’ interests;

Open channels of dialog between the applicant, existing landowners, and residents;

Attempt to resolve issues in a manner that is respectful of all interests; and

Identify unresolved issues.

Neighborhood meeting optional.

A general neighborhood meeting may be conducted to achieve the purposes of this process but is not required. Any method, or combination of methods of communication, may be utilized.

Submittal.

By the close of business on the 14th day prior to the Planning and Zoning Commission public hearing, the applicant shall provide the Administrator with a neighborhood communication summary that includes the following information:

Efforts implemented to notify neighborhoods about the proposal, including who was notified, how they were notified, and when they were notified;

Information about the project that was shared with owners and residents via mailings, workshops, meetings, open houses, flyers, and/or door-to-door meetings;

A list of who was involved in the discussions;

The suggestions and concerns raised by the neighborhoods; and

The specific actions that were taken, or that are proposed to be taken, in response to feedback from the residents.

Present at public hearing.

The applicant must present the summary report to the authorized decision-making body at the public hearing.

HOA/Neighborhood Representative Notification.

If the exterior boundary of any property that is proposed for zoning or rezoning is located within 500 feet of the external boundaries of the jurisdiction of a Home Owners Association (HOA) and/or a neighborhood a courtesy notification shall be mailed to the HOA and/or neighborhood representative within the same timeframe as referenced in Section 11.06.032(B)(2)(a) above. Failure to issue a courtesy notification shall not render any zoning action void or voidable.

Zoning text amendment.

Amendments to the text of this Chapter shall follow the publication notice requirements stated in subsection B.1, above.

(Ordinance CO09-19-01-24-E4 adopted 1/24/19)

§ 11.06.033 Withdrawals.

Generally.

Applications may be withdrawn as provided in this section.

Withdrawal.

Any application may be withdrawn, either in writing or on the record, during the proceedings before the Planning and Zoning Commission recommendation or decision is made.

Any application, or amended application for zoning or rezoning, may also be withdrawn within 10 calendar days after the Planning and Zoning Commission’s recommendation of denial or prior to the next regularly scheduled City Council meeting, whichever is sooner. Such withdrawal may occur no more than twice in any 12-month period. After an application for the same property has been withdrawn twice in a 12-month period, no further applications for a zoning or rezoning to the same or less restrictive zoning district will be accepted for a period of 12 months from the date of second withdrawal.

If an application is withdrawn after the 10 calendar days as stated above, no new application shall be accepted for zoning or rezoning to the same or less restrictive zoning district within 12 months from the date of withdrawal.

All application fees will apply with each submittal or resubmittal.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.03, adopted 11/9/17)

§ 11.06.034 Successive applications.

Generally.

It is the policy of the City not to hear successive applications for substantively similar requests after an initial application is denied.

Time required between substantially similar applications.

Whenever any application listed in Article 11.06, division 4, Appeals and Variances, has been denied on its merits, no subsequent application seeking substantively similar relief, whether or not in the same form or on the same theory, shall be accepted unless, in the opinion of the Administrator substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.

Whenever any application listed in Article 11.06, division 3, part II, Public Hearing Approvals, has been denied on its merits:

A second application seeking substantively similar consideration in the same form, may not be accepted by the City for a period of 12 months after an original application is denied; and

Any subsequent application filed more than 12 months after the final denial of a prior application shall be presumed to be based on new grounds and shall be heard on the merits as though no prior application has been filed.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.04, adopted 11/9/17)

§ 11.06.035 Fees.

Generally.

An applicant shall pay fees as set forth in appendix A of the Code of Ordinances for the processing and review of the various applications. Such fees shall include:

Application submittal fees; and

Required reimbursement for extraordinary costs to the City necessitated by an application, such as fees for expert technical review or advice from consultants, such as, but not limited to, the review of a special report or legal instrument.

Additional development applications or approvals may not be processed by the City until any outstanding application or review fees or expenses incurred by the City have been paid in full.

Relationship to application.

Fees must be paid at time of application submittal.

No refunds.

The application fee, and any additional fees incurred by the City in the review of an application shall be paid in full by the applicant and are nonrefundable.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.05, adopted 11/9/17)

§ 11.06.036 through § 11.06.060. (Reserved)

§ 11.06.121 Appeals.

Generally.

An appeal may be taken to the zoning board of adjustment by any person aggrieved or by any officer, department, or board of the City affected by a decision of the Administrator under this Chapter.

Applicability.

The zoning board of adjustment shall hear and decide appeals that allege error in an order, requirement, decision, or determination made by an administrative official in the enforcement of Texas Local Government Code, chapter 211, subchapter A, Municipal Regulatory Authority, or this Chapter.

Procedures.

The procedure for an appeal under this section shall be in accordance with Texas Local Government Code, section 211.010, Appeal to Board, this subsection, and any applicable adopted rules of procedure.

Decision.

The zoning board of adjustment shall decide the merits of the appeal based on their findings of fact and deliberations.

In any case where the notice of appeal is accompanied by an application for variance, the zoning board of adjustment shall have the authority to grant, as part of the relief, a variance but only in strict compliance with each provision stated in section 11.06.122, Variance.

Effect of appeal.

In any case where this Chapter imposes conditions and limitations upon any right, any such right granted by the zoning board of adjustment on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.04.01, adopted 11/9/17)

§ 11.06.122 Variance.

Generally.

The variance procedure is intended to provide a means by which relief may be granted from unforeseen applications of this Chapter which create unnecessary hardships or practical difficulties. The variance procedure provided in this section is only appropriate when remedy of such hardships is not allowed pursuant to other provisions of this Chapter.

Applicability.

The zoning board of adjustment may authorize in specific cases a variance from the terms of this Chapter if the variance is not contrary to the public interest, and due to special conditions, a literal enforcement of this Chapter would result in unnecessary hardship, and so that the spirit of this Chapter is observed and substantial justice is done. Variances may be authorized only in accordance with the conditions enumerated in subsection D, Hardship Criteria, below, and then only in compliance with the procedures of this section.

Use variances prohibited.

Variances that authorize a use other than those permitted in the district for which the variance is sought are not permitted.

Hardship criteria.

An applicant for a variance has the responsibility to demonstrate how or why the strict application of applicable requirements of this Chapter would result in an unnecessary hardship due to circumstances unique to the property on which a variance is sought.

The zoning board of adjustment may only grant a variance from any requirement of this Chapter if it makes written findings that affirm each of the following criteria are satisfied:

There are special conditions unique to the property, such as lot size, shape, orientation, topography or other physical features, that are not generally characteristic of other properties in the area;

Due to these special conditions, strict application of this Chapter would deprive the applicant of reasonable use of the property and would result in an undue hardship;

The undue hardship is not self-induced or created by the applicant, nor is it strictly pecuniary/financial;

Development under the variance would not alter the character of the area adjacent to the property, impair the use of adjacent property developed in compliance with this Chapter, or impair the purpose of the regulations of the zoning district in which the property is located;

Granting the variance request would not be contrary to the public interest or detrimental to the public health, safety, or welfare;

Granting the variance request would be within the spirit of this Chapter and result in substantial justice; and

Any other criteria that should be considered pursuant to state law.

Variance process.

All requested variances from this Chapter shall be made in writing at least 30 calendar days prior to the date on which consideration of the variance would be given by the zoning board of adjustment.

The applicant requesting a variance shall submit documentation describing how the proposed variance(s) satisfy each of the criteria stated in subsection D, above.

Should a variance be granted, the zoning board of adjustment may impose such additional conditions as necessary and desirable in the public interest.

The board shall conduct at least one (1) public hearing prior to taking action on a variance request.

Public notice shall be provided in accordance with the Texas Local Government Code, section 211.010, Appeal to Board. Written notice of all public hearings on proposed variances shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within 200 feet of any property affected thereby, within not less than 10 days before such hearing is held. Such notice may be served by using the last known address as listed on the latest approved tax roll and depositing the notice, postage paid, in the United States mail. Notice of all public hearings shall also appear in the local newspaper of general circulation within not less than 10 days before such hearing is held.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.04.02, adopted 11/9/17)

§ 11.06.061 Administrative approvals.

Generally.

Administrative approvals are those that are issued administratively by the Administrator, Building Official, or other City staff person under this Chapter.

Appeals of administrative approvals.

Administrative decisions may be appealed in accordance with section 11.06.121.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.01, adopted 11/9/17)

§ 11.06.062 through § 11.06.080. (Reserved)

§ 11.06.081 Public hearing approvals.

Generally.

Public meeting dates are established by the City after the applicant has satisfied all submittal requirements of this Chapter. Applications that require a public hearing are provided in this division. Additional development approvals may be required by federal, state and local law.

A public hearing approval is issued by the City Council during a public meeting, or if it is for an application for a variance pursuant to Article 11.06, division 4, Appeals and Variances, the zoning board of adjustment during a public meeting.

At a public hearing:

The Planning and Zoning Commission may make a recommendation of approval, conditional approval, or denial of the application to the City Council, may continue the application, or may approve certain applications where it has the authority.

The zoning board of adjustment may approve, conditionally approve, or deny an application where it has the authority.

The City Council may approve, conditionally approve, or deny an application at the conclusion of the public hearing process and upon a second reading of the ordinance, or may continue action on the request.

Development approval process.

In general, the approval procedures provided in this division are intended to be undertaken in sequence until the application is considered and decided by the decision-making body.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02, adopted 11/9/17)

§ 11.06.082 Rezoning request.

Generally.

The boundaries of any zoning district in the City may be changed, or the district classification of any parcel of land may be changed, as provided in this section.

Authority to request rezoning.

The City, or the owner(s) of any property within the corporate limits of the City may request to rezone such property.

Submittal requirements.

When requesting a rezoning, the applicant shall submit a completed application, which shall include the following information:

A completed application requesting the rezoning;

The street address, location, and legal description of the subject property;

A certified boundary survey of the land area subject to the request, along with an indication of the existing zoning, predominant existing uses, and existing zoning designations within 300 feet in all directions of the boundary of the land area subject to the request;

A list of surrounding property owners and their legal mailing addresses within 300 feet of the exterior boundary of the parcel proposed to be zoned or rezoned;

A tax certificate from the county treasurer showing the status of all current taxes due on such parcel;

A statement by the applicant explaining the rationale for the rezoning request;

A neighborhood communication summary in accordance with section 11.06.032(B)(4).

The required application fee in accordance with section 11.06.035; and

Any additional information that may be deemed to be appropriate and necessary to demonstrate that the rezoning, if granted, would be compatible with surrounding development.

Procedures.

Staff review process.

Upon submittal, the Administrator shall ensure the submittal is complete and will initiate the review process of the request.

Review by Planning and Zoning Commission.

The Planning and Zoning Commission shall conduct a public hearing.

The Planning and Zoning Commission shall formulate a recommendation for City Council consideration.

The recommendation shall be transmitted to the City Council and applicant.

Review by the City Council.

The City Council shall conduct a public hearing;

The Council shall either approve, conditionally approve, or deny the request.

The City Council may establish similar conditions of operation, location, arrangement and construction to those of the Planning and Zoning Commission, as stated in subsection E., below, if such conditions are deemed to be in the public interest or to assure compliance with other aspects of this Chapter and surrounding development.

In making its decision, the City Council shall consider the recommendation of the Planning and Zoning Commission, staff reports, and the written and oral testimony presented.

Establishment of Conditional Overlay (CO) district.

The property owner, Administrator, Planning and Zoning Commission or City Council may establish a Conditional Overlay (CO) district to establish conditions of operation, location, arrangement and construction if such conditions are deemed to be in the public interest or to assure compliance with other aspects of this Chapter and surrounding development. The conditions imposed by a Conditional Overlay may:

Prohibit permitted, conditional, special, or accessory uses otherwise authorized in the base district;

Decrease the number or average density of dwelling units that may be constructed on the property;

Increase the minimum lot size or lot width requirements;

Increase the minimum buffer yard and setback requirements;

Restrict access to abutting and nearby roadways; or

Restrict any other specific site development regulation required or authorized by this Chapter.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.01, adopted 11/9/17)

§ 11.06.083 Master development plan.

Generally.

A master development plan provides a general site layout for property within a Planning Area (PA) district as a first step toward development. It is intended to provide the applicant an opportunity to submit a master plan showing the nature and character of land proposed for development. The master development plan is the basis for approval of individual site plans and preliminary and final plats, and is also the basis on which a public hearing is held, thereby allowing consideration of the proposal at a preliminary stage. Approval of the master development plan establishes the following:

General locations and types of residential, nonresidential, and public or institutional uses;

Minimum and maximum gross densities and heights of residential uses;

General locations and the extent of public parkland and private open spaces and amenities;

General phases of development;

A general identification of the lands to be dedicated for public purpose; and

Any special flood hazard area which may exist in the development.

Applicability.

Prerequisite.

Submittal, review, and approval of a master development plan is a prerequisite for submission of any other plan or permit approval within a Planning Area (PA) district.

Minimum property size.

A master development plan proposal shall contain at least 10 acres of contiguous property. A written request may be made for master development of a smaller tract, which requires approval by the Administrator.

Procedure.

The review and approval procedures are as follows:

Application.

The applicant shall submit a completed application to the Administrator. The application shall contain the following information:

The items of information outlined in section 11.06.082, Rezoning Request, plus:

A map depicting the existing zoning and land uses of the subject property and all land within 500 feet;

A map depicting the approximate locations and sizes of existing streets, water mains, storm and sanitary sewers, gas lines, or other underground installations;

A written statement describing the proposed development and its conformance with the Comprehensive Plan and its policy statements;

Schematic land plan drawn at a range of scale from 10 feet to an inch to 100 feet to an inch of the proposed development plan showing, at a minimum:

Public parkland and private open spaces;

The general placement and heights of residential, nonresidential, institutional, mixed use, and other buildings and land uses;

An approximate layout of street rights-of-way, their proposed roadway designations, and alignment with existing streets;

General plans for transitioning uses and development types, particularly for the existing, adjoining developments, as applicable; and

Site features to be preserved or integrated into the development.

Tabulation of the following information which may be expressed in ranges, if applicable:

Total number of dwelling units proposed;

The general categories of land use categorized to include, but not be limited to:

Residential uses by type of structure;

Commercial uses;

Industrial uses;

Public (common) and private open space; and

Streets.

The general categories of land uses and their percentages of the total site area;

If the development is proposed for construction in phases, an expected schedule for the development of each phase; and

Other information as the Administrator, Planning and Zoning Commission or City Council deem necessary to perform a full and complete review of the application.

Waiver of specific submissions.

At the conclusion of, or any time following a pre-application conference, as stated in section 11.06.031, Pre-Application Conference for Certain Development Types, any information or documentation required to be submitted may be waived by the Administrator on the basis that the item is not necessary to a full and complete review of the proposed development. Such waiver shall be in writing with a copy attached to the application.

Actions by the Administrator, Planning and Zoning Commission, and City Council.

The procedures for the review and approval of a master development plan shall be as set out in section 11.06.082, Rezoning Request.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.02, adopted 11/9/17)

§ 11.06.084 Planned development.

Generally.

A Planned Development (PD) district is a district that accommodates planned associations of uses developed as integral land use units. A planned development concept plan is a required submittal with the application for approval of a planned development. The concept plan is intended to illustrate a development in sufficient detail to provide a full and proper consideration and disposition of the application.

Purpose.

Generally.

A Planned Development district accommodates a master planned association of land uses which are within an integrated developed [development]. This district may be used to facilitate a larger-scale, multi-phase, or mixed use development. The district is intended to allow new or innovative concepts in land development that may not be permitted in other zoning districts. Generally, greater flexibility is given to allow special conditions or restrictions which may not otherwise allow the development.

Threshold.

No planned development shall be created unless the applicant demonstrates that the planned development materially advances the purposes stated in this section.

Applicability.

A planned development proposal shall contain at least 10 acres of contiguous property. A written request may be made for planned development of a smaller tract, which requires approval by the Administrator.

Procedures.

The procedures are the same as that for a rezoning request, as stated in section 11.06.082, Rezoning Request, and include the additional requirements set forth below:

Application.

The applicant shall submit a complete application to the Administrator. The application shall contain the information set forth below.

Submittal requirements.

The items of information outlined in section 11.06.082, Rezoning Request;

Identification of the base zoning district(s) to which the PD is most similar;

A statement of intent and purpose of the PD;

Development regulations for the PD; and

A concept plan that illustrates graphically the standards contained within the PD.

Applicable regulations.

Development regulations shall be included as part of the Planned Development, and may include, but are not be limited to:

Land uses;

Densities;

Lot areas and widths;

Lot depths;

Building coverage and heights;

Building elevations;

Parking and access;

Screening and landscaping;

Mandatory property owner’s association; a mandatory property owners’ association shall be required for a development proposed for more than one (1) lot and/or owner for providing, operating, and maintaining the facilities, grounds, parking and drive areas, open spaces, detention, and amenity areas. If an owner’s association is required, the Articles for incorporation of an owner’s association shall be reviewed by the City to assure compliance with the provisions of this Chapter; and

Other regulations as the Planning and Zoning Commission and the City Council may deem appropriate to perform a full and complete review of the application.

Actions by the Administrator, Planning and Zoning Commission, and City Council.

The procedures for the review and approval of a planned development shall be as stated in section 11.06.082, Rezoning Request.

Modifications to the PD.

Owners of property within a PD may request rezoning for only a portion of the PD district they own. Notice of such rezoning will be based on the boundary of the portion of the PD district being rezoned rather than the entire PD district. In considering the request, the Planning and Zoning Commission and City Council shall evaluate the effect of the rezoning on the remaining property within the PD district. If the Planning and Zoning Commission or City Council determines that the rezoning necessitates adjustments to the terms and conditions of the original PD district, the zoning case to rezone the portion of the PD district will be tabled so that the City can initiate a zoning case for the reminder [remainder] of the PD district and first consider amendments to the terms and conditions of the original PD district.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.03, adopted 11/9/17)

§ 11.06.085 Special use permit.

Generally.

A special use is a use that is allowed within a district, but which is subject to specific standards and a public hearing process in order to reduce the potential for incompatibility with other uses within or adjacent to the district. The designation of a special use means that it is only allowed in a proposed location if all of the conditions applicable to the use are met. A special use may or may not be appropriate in a particular location depending on the value of the public need and benefit versus the impacts of the use.

Applicability.

The provisions of this section are applicable to all uses that are designated as “special” in section 11.02.063, Residential Uses by Zoning District, and section 11.02.064, Nonresidential Uses by Zoning District.

Submittal requirements.

When requesting a special use permit, the applicant shall submit a completed application including the following:

The items of information outlined in section 11.06.082, Rezoning Request;

A statement by the applicant explaining the rationale for the SUP request;

A concept plan including:

Number and location of access points to the property, proposed structures and uses with particular reference to automotive, bicycle, transit and pedestrian safety and convenience; traffic flow and control; emergency access; and location of off-street parking, loading spaces, and service areas;

General compatibility and appropriateness of the permitted use in relationship to other nearby properties and uses, including consideration of lighting, signage, and hours of operation, screening/buffering, landscaping, noise/odors, and other factors;

Compliance with the goals and objectives of the Comprehensive Plan; and

Any additional information that may be deemed to be appropriate and necessary to demonstrate that the SUP, if granted, would be compatible with surrounding development.

Approval criteria.

In review of a special use, the Planning and Zoning Commission, City Council, and staff shall utilize the following in their review, recommendations, and decision:

The proposed special use permit conforms to adopted plans and all other applicable provisions of this Chapter;

Adequate public facilities and services are available without the reduction of services for any existing uses;

All proposed accessory uses demonstrate that they are necessary and desirable;

The proposed special use has incorporated features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing and site building placement;

The proposed special use is compatible with adjacent existing uses and other allowed uses in the zoning districts, for which such compatibility is expressed in terms of appearance, architectural scale and features, site design, landscaping, as well as the control of adverse impacts; and

The maximum density is no greater than that permitted in the applicable zoning district.

Procedures.

An application is processed as stated in section 11.06.082, Rezoning Request.

Decision.

In granting a special use, the Planning and Zoning Commission or City Council may:

Impose standards, conditions, and requirements in addition to or which supersede those of this Chapter, as deemed necessary to advance the purposes and intent of this Chapter, provided that such requirements are directly related to the impacts of the proposed use; and

Require that a performance guarantee, acceptable in form, content, and amount to the City, be posted by the applicant to ensure continued compliance with all applicable conditions and requirements.

Findings of fact/basis for denial.

After considering the public comment relating the criteria listed above in relation to the requested special use permit, the Planning and Zoning Commission and City Council shall find:

If the application is granted, that the application sufficiently addresses each of the criteria listed above; and

If the application is denied, that the application failed to sufficiently address one (1) or more of the stated criteria.

Perpetually binding.

A special use shall be perpetually binding upon and shall run with the property.

Abandonment or failure to commence special use.

If a special use has not progressed in accordance with Texas Local Government Code, chapter 245, Issuance of Local Permits, the special use shall be deemed expired.

If any special use is discontinued for a period exceeding one (1) year or replaced by another use, the special use permit shall be deemed abandoned.

Enlargements, modifications, or alterations.

A building, premises, or land used under a special use permit may be enlarged, modified, structurally altered, or otherwise changed provided the changes do not:

Increase the height of structures, including, without limitation, antenna support structures;

Increase the gross floor area of the building;

Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use; or

Reduce the amount of open space.

All other enlargements, modifications, structural alterations, or changes other than those outlined in subsection J.1., above, shall require the approval of a new special use permit.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.03, adopted 11/9/17)

§ 11.06.086 Zoning text amendment.

Generally.

The City Council may amend the text of this Chapter in accordance with the procedures stated in this section and Article 11.06, division 2, Application Process, to implement the Comprehensive Plan, conform to state or federal legal requirements, address changing or changed conditions, or otherwise advance the public health, safety, and welfare of the City.

Applicability.

The City Council and any other body that is described in Article 11.05, Development Review Bodies, may initiate an amendment by motion.

Procedures.

The Planning and Zoning Commission and City Council shall each hold a public hearing. The procedure shall incorporate the following additional requirements:

Staff review.

The Administrator shall review each proposed amendment in light of the criteria in subsection C.4., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Administrator shall provide a report and recommendation to the Planning and Zoning Commission.

Planning and zoning commission recommendation.

The Planning and Zoning Commission shall hold a public hearing on the proposed text amendment. Following the public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council.

City Council action and decision.

Upon receipt of the recommendation from the Planning and Zoning Commission, the City Council shall, after a public hearing, vote to approve, conditionally approve, or deny the proposed amendment, based on the approval criteria below. The City Council may also refer the proposed amendment back to the Planning and Zoning Commission for further consideration, continue a public hearing, or postpone action on an application.

Approval criteria.

Recommendations and decisions regarding petitions for amendments to text of this Chapter are legislative in nature, but shall be based on consideration of all the criteria that the proposed amendment:

Will help to implement the Comprehensive Plan;

Is consistent with the stated purposes of this Chapter;

Will maintain or advance the public health, safety, or general welfare;

Will help to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, and vegetation; or will be neutral with respect to these issues; and

Will advance the strategic goals of the City Council.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.05, adopted 11/9/17)

§ 11.06.087 through § 11.06.120. (Reserved)

Cedar Park City Zoning Code

ARTICLE

11.06 APPROVALS AND PROCEDURES

§ 11.06.001 Purpose.

The purpose of this Article is to state the development procedures to be undertaken in sequence until an application is considered and decided by the decision-making body identified in this Article.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.01, adopted 11/9/17)

§ 11.06.002 Applicability.

The divisions of this Article apply as follows:

Division 2, Application Process, establishes the procedures that are generally applicable to all development applications.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.01.02, adopted 11/9/17)

§ 11.06.003 through § 11.06.030. (Reserved)

§ 11.06.031 Pre-application conference for certain development types.

Required.

A pre-application conference is required for applications for planned development, a mixed use development, and a master development plan for a Planning Area (PA).

Purpose.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.01, adopted 11/9/17)

§ 11.06.032 Public notice.

Generally.

Public notice shall be provided in accordance with the requirements of this section and the applicable requirements of the Texas Local Government Code (TLGC).

If the requirements of this Chapter conflict with the requirements of the TLGC, the stricter requirement shall prevail.

Rezoning and special use permit general notice requirements.

The following notice requirements shall apply to all rezoning applications, including special use permits, planned developments, and Planning Area (PA) master development plans:

Publication.

State the nature of the proposed zoning change, the address and location of the subject property being considered, and the hearing date; and

Be published before the 15th day before the City Council public hearing date.

Mailed notice.

Written notice of the time, date, and place of the public hearing is to be sent to all owners of real property located within 300 feet of the property for which the zoning change is requested,

The notice shall be sent prior to the 10th day before the Planning and Zoning public hearing date by depositing in the mail such notice properly addressed and postage paid;

The notice shall be sent to each owner as the ownership appears on the last approved City tax roll; and

The Administrator shall record the names and addresses of all persons, firms, and corporations to whom notices were mailed, including the date of mailing.

Posting signs.

The applicant shall post signs noticing the public hearing as stated below:

For property located on roadways with a speed limit less than 45 miles per hour, 18" x 24" signs shall be placed at intervals of 200 feet along the roadway frontage of the property.

For property located on a roadway with a speed limit of 45 mph and greater, 24" x 36" signs shall be placed at intervals of 200 feet along the roadway frontage of the property.

No more than three (3) signs shall be required per roadway frontage.

If a tract has less than 200 feet of frontage per roadway, then only one (1) sign is required per road frontage.

Signs shall be erected at least 10 days prior to the Planning and Zoning public hearing.

Neighborhood communication summary.

Purposes.

The purposes of the neighborhood communication summary are to:

Educate the applicant and area residents about each others’ interests;

Open channels of dialog between the applicant, existing landowners, and residents;

Attempt to resolve issues in a manner that is respectful of all interests; and

Identify unresolved issues.

Neighborhood meeting optional.

A general neighborhood meeting may be conducted to achieve the purposes of this process but is not required. Any method, or combination of methods of communication, may be utilized.

Submittal.

Efforts implemented to notify neighborhoods about the proposal, including who was notified, how they were notified, and when they were notified;

Information about the project that was shared with owners and residents via mailings, workshops, meetings, open houses, flyers, and/or door-to-door meetings;

A list of who was involved in the discussions;

The suggestions and concerns raised by the neighborhoods; and

The specific actions that were taken, or that are proposed to be taken, in response to feedback from the residents.

Present at public hearing.

The applicant must present the summary report to the authorized decision-making body at the public hearing.

HOA/Neighborhood Representative Notification.

Zoning text amendment.

Amendments to the text of this Chapter shall follow the publication notice requirements stated in subsection B.1, above.

(Ordinance CO09-19-01-24-E4 adopted 1/24/19)

§ 11.06.033 Withdrawals.

Generally.

Applications may be withdrawn as provided in this section.

Withdrawal.

Any application may be withdrawn, either in writing or on the record, during the proceedings before the Planning and Zoning Commission recommendation or decision is made.

All application fees will apply with each submittal or resubmittal.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.03, adopted 11/9/17)

§ 11.06.034 Successive applications.

Generally.

It is the policy of the City not to hear successive applications for substantively similar requests after an initial application is denied.

Time required between substantially similar applications.

Whenever any application listed in Article 11.06, division 3, part II, Public Hearing Approvals, has been denied on its merits:

A second application seeking substantively similar consideration in the same form, may not be accepted by the City for a period of 12 months after an original application is denied; and

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.04, adopted 11/9/17)

§ 11.06.035 Fees.

Generally.

An applicant shall pay fees as set forth in appendix A of the Code of Ordinances for the processing and review of the various applications. Such fees shall include:

Application submittal fees; and

Additional development applications or approvals may not be processed by the City until any outstanding application or review fees or expenses incurred by the City have been paid in full.

Relationship to application.

Fees must be paid at time of application submittal.

No refunds.

The application fee, and any additional fees incurred by the City in the review of an application shall be paid in full by the applicant and are nonrefundable.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.05, adopted 11/9/17)

§ 11.06.036 through § 11.06.060. (Reserved)

§ 11.06.121 Appeals.

Generally.

An appeal may be taken to the zoning board of adjustment by any person aggrieved or by any officer, department, or board of the City affected by a decision of the Administrator under this Chapter.

Applicability.

Procedures.

Decision.

The zoning board of adjustment shall decide the merits of the appeal based on their findings of fact and deliberations.

Effect of appeal.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.04.01, adopted 11/9/17)

§ 11.06.122 Variance.

Generally.

Applicability.

Use variances prohibited.

Variances that authorize a use other than those permitted in the district for which the variance is sought are not permitted.

Hardship criteria.

The zoning board of adjustment may only grant a variance from any requirement of this Chapter if it makes written findings that affirm each of the following criteria are satisfied:

Due to these special conditions, strict application of this Chapter would deprive the applicant of reasonable use of the property and would result in an undue hardship;

The undue hardship is not self-induced or created by the applicant, nor is it strictly pecuniary/financial;

Granting the variance request would not be contrary to the public interest or detrimental to the public health, safety, or welfare;

Granting the variance request would be within the spirit of this Chapter and result in substantial justice; and

Any other criteria that should be considered pursuant to state law.

Variance process.

All requested variances from this Chapter shall be made in writing at least 30 calendar days prior to the date on which consideration of the variance would be given by the zoning board of adjustment.

The applicant requesting a variance shall submit documentation describing how the proposed variance(s) satisfy each of the criteria stated in subsection D, above.

Should a variance be granted, the zoning board of adjustment may impose such additional conditions as necessary and desirable in the public interest.

The board shall conduct at least one (1) public hearing prior to taking action on a variance request.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.04.02, adopted 11/9/17)

§ 11.06.061 Administrative approvals.

Generally.

Administrative approvals are those that are issued administratively by the Administrator, Building Official, or other City staff person under this Chapter.

Appeals of administrative approvals.

Administrative decisions may be appealed in accordance with section 11.06.121.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.01, adopted 11/9/17)

§ 11.06.062 through § 11.06.080. (Reserved)

§ 11.06.081 Public hearing approvals.

Generally.

At a public hearing:

The zoning board of adjustment may approve, conditionally approve, or deny an application where it has the authority.

Development approval process.

In general, the approval procedures provided in this division are intended to be undertaken in sequence until the application is considered and decided by the decision-making body.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02, adopted 11/9/17)

§ 11.06.082 Rezoning request.

Generally.

The boundaries of any zoning district in the City may be changed, or the district classification of any parcel of land may be changed, as provided in this section.

Authority to request rezoning.

The City, or the owner(s) of any property within the corporate limits of the City may request to rezone such property.

Submittal requirements.

When requesting a rezoning, the applicant shall submit a completed application, which shall include the following information:

A completed application requesting the rezoning;

The street address, location, and legal description of the subject property;

A list of surrounding property owners and their legal mailing addresses within 300 feet of the exterior boundary of the parcel proposed to be zoned or rezoned;

A tax certificate from the county treasurer showing the status of all current taxes due on such parcel;

A statement by the applicant explaining the rationale for the rezoning request;

A neighborhood communication summary in accordance with section 11.06.032(B)(4).

The required application fee in accordance with section 11.06.035; and

Any additional information that may be deemed to be appropriate and necessary to demonstrate that the rezoning, if granted, would be compatible with surrounding development.

Procedures.

Staff review process.

Upon submittal, the Administrator shall ensure the submittal is complete and will initiate the review process of the request.

Review by Planning and Zoning Commission.

The Planning and Zoning Commission shall conduct a public hearing.

The Planning and Zoning Commission shall formulate a recommendation for City Council consideration.

The recommendation shall be transmitted to the City Council and applicant.

Review by the City Council.

The City Council shall conduct a public hearing;

The Council shall either approve, conditionally approve, or deny the request.

In making its decision, the City Council shall consider the recommendation of the Planning and Zoning Commission, staff reports, and the written and oral testimony presented.

Establishment of Conditional Overlay (CO) district.

Prohibit permitted, conditional, special, or accessory uses otherwise authorized in the base district;

Decrease the number or average density of dwelling units that may be constructed on the property;

Increase the minimum lot size or lot width requirements;

Increase the minimum buffer yard and setback requirements;

Restrict access to abutting and nearby roadways; or

Restrict any other specific site development regulation required or authorized by this Chapter.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.01, adopted 11/9/17)

§ 11.06.083 Master development plan.

Generally.

General locations and types of residential, nonresidential, and public or institutional uses;

Minimum and maximum gross densities and heights of residential uses;

General locations and the extent of public parkland and private open spaces and amenities;

General phases of development;

A general identification of the lands to be dedicated for public purpose; and

Any special flood hazard area which may exist in the development.

Applicability.

Prerequisite.

Submittal, review, and approval of a master development plan is a prerequisite for submission of any other plan or permit approval within a Planning Area (PA) district.

Minimum property size.

Procedure.

The review and approval procedures are as follows:

Application.

The applicant shall submit a completed application to the Administrator. The application shall contain the following information:

The items of information outlined in section 11.06.082, Rezoning Request, plus:

A map depicting the existing zoning and land uses of the subject property and all land within 500 feet;

A map depicting the approximate locations and sizes of existing streets, water mains, storm and sanitary sewers, gas lines, or other underground installations;

A written statement describing the proposed development and its conformance with the Comprehensive Plan and its policy statements;

Schematic land plan drawn at a range of scale from 10 feet to an inch to 100 feet to an inch of the proposed development plan showing, at a minimum:

Public parkland and private open spaces;

The general placement and heights of residential, nonresidential, institutional, mixed use, and other buildings and land uses;

An approximate layout of street rights-of-way, their proposed roadway designations, and alignment with existing streets;

General plans for transitioning uses and development types, particularly for the existing, adjoining developments, as applicable; and

Site features to be preserved or integrated into the development.

Tabulation of the following information which may be expressed in ranges, if applicable:

Total number of dwelling units proposed;

The general categories of land use categorized to include, but not be limited to:

Residential uses by type of structure;

Commercial uses;

Industrial uses;

Public (common) and private open space; and

Streets.

The general categories of land uses and their percentages of the total site area;

If the development is proposed for construction in phases, an expected schedule for the development of each phase; and

Other information as the Administrator, Planning and Zoning Commission or City Council deem necessary to perform a full and complete review of the application.

Waiver of specific submissions.

Actions by the Administrator, Planning and Zoning Commission, and City Council.

The procedures for the review and approval of a master development plan shall be as set out in section 11.06.082, Rezoning Request.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.02, adopted 11/9/17)

§ 11.06.084 Planned development.

Generally.

Purpose.

Generally.

Threshold.

No planned development shall be created unless the applicant demonstrates that the planned development materially advances the purposes stated in this section.

Applicability.

Procedures.

The procedures are the same as that for a rezoning request, as stated in section 11.06.082, Rezoning Request, and include the additional requirements set forth below:

Application.

The applicant shall submit a complete application to the Administrator. The application shall contain the information set forth below.

Submittal requirements.

The items of information outlined in section 11.06.082, Rezoning Request;

Identification of the base zoning district(s) to which the PD is most similar;

A statement of intent and purpose of the PD;

Development regulations for the PD; and

A concept plan that illustrates graphically the standards contained within the PD.

Applicable regulations.

Development regulations shall be included as part of the Planned Development, and may include, but are not be limited to:

Land uses;

Densities;

Lot areas and widths;

Lot depths;

Building coverage and heights;

Building elevations;

Parking and access;

Screening and landscaping;

Other regulations as the Planning and Zoning Commission and the City Council may deem appropriate to perform a full and complete review of the application.

Actions by the Administrator, Planning and Zoning Commission, and City Council.

The procedures for the review and approval of a planned development shall be as stated in section 11.06.082, Rezoning Request.

Modifications to the PD.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.03, adopted 11/9/17)

§ 11.06.085 Special use permit.

Generally.

Applicability.

Submittal requirements.

When requesting a special use permit, the applicant shall submit a completed application including the following:

The items of information outlined in section 11.06.082, Rezoning Request;

A statement by the applicant explaining the rationale for the SUP request;

A concept plan including:

Compliance with the goals and objectives of the Comprehensive Plan; and

Any additional information that may be deemed to be appropriate and necessary to demonstrate that the SUP, if granted, would be compatible with surrounding development.

Approval criteria.

In review of a special use, the Planning and Zoning Commission, City Council, and staff shall utilize the following in their review, recommendations, and decision:

The proposed special use permit conforms to adopted plans and all other applicable provisions of this Chapter;

Adequate public facilities and services are available without the reduction of services for any existing uses;

All proposed accessory uses demonstrate that they are necessary and desirable;

The maximum density is no greater than that permitted in the applicable zoning district.

Procedures.

An application is processed as stated in section 11.06.082, Rezoning Request.

Decision.

In granting a special use, the Planning and Zoning Commission or City Council may:

Require that a performance guarantee, acceptable in form, content, and amount to the City, be posted by the applicant to ensure continued compliance with all applicable conditions and requirements.

Findings of fact/basis for denial.

After considering the public comment relating the criteria listed above in relation to the requested special use permit, the Planning and Zoning Commission and City Council shall find:

If the application is granted, that the application sufficiently addresses each of the criteria listed above; and

If the application is denied, that the application failed to sufficiently address one (1) or more of the stated criteria.

Perpetually binding.

A special use shall be perpetually binding upon and shall run with the property.

Abandonment or failure to commence special use.

If a special use has not progressed in accordance with Texas Local Government Code, chapter 245, Issuance of Local Permits, the special use shall be deemed expired.

If any special use is discontinued for a period exceeding one (1) year or replaced by another use, the special use permit shall be deemed abandoned.

Enlargements, modifications, or alterations.

A building, premises, or land used under a special use permit may be enlarged, modified, structurally altered, or otherwise changed provided the changes do not:

Increase the height of structures, including, without limitation, antenna support structures;

Increase the gross floor area of the building;

Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use; or

Reduce the amount of open space.

All other enlargements, modifications, structural alterations, or changes other than those outlined in subsection J.1., above, shall require the approval of a new special use permit.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.03, adopted 11/9/17)

§ 11.06.086 Zoning text amendment.

Generally.

Applicability.

The City Council and any other body that is described in Article 11.05, Development Review Bodies, may initiate an amendment by motion.

Procedures.

The Planning and Zoning Commission and City Council shall each hold a public hearing. The procedure shall incorporate the following additional requirements:

Staff review.

Planning and zoning commission recommendation.

City Council action and decision.

Approval criteria.

Will help to implement the Comprehensive Plan;

Is consistent with the stated purposes of this Chapter;

Will maintain or advance the public health, safety, or general welfare;

Will advance the strategic goals of the City Council.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.05, adopted 11/9/17)

§ 11.06.087 through § 11.06.120. (Reserved)

Cedar Park City Zoning Code

ARTICLE

11.06 APPROVALS AND PROCEDURES

§ 11.06.001 Purpose.

The purpose of this Article is to state the development procedures to be undertaken in sequence until an application is considered and decided by the decision-making body identified in this Article.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.01, adopted 11/9/17)

§ 11.06.002 Applicability.

The divisions of this Article apply as follows:

Division 2, Application Process, establishes the procedures that are generally applicable to all development applications.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.01.02, adopted 11/9/17)

§ 11.06.003 through § 11.06.030. (Reserved)

§ 11.06.031 Pre-application conference for certain development types.

Required.

A pre-application conference is required for applications for planned development, a mixed use development, and a master development plan for a Planning Area (PA).

Purpose.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.01, adopted 11/9/17)

§ 11.06.032 Public notice.

Generally.

Public notice shall be provided in accordance with the requirements of this section and the applicable requirements of the Texas Local Government Code (TLGC).

If the requirements of this Chapter conflict with the requirements of the TLGC, the stricter requirement shall prevail.

Rezoning and special use permit general notice requirements.

The following notice requirements shall apply to all rezoning applications, including special use permits, planned developments, and Planning Area (PA) master development plans:

Publication.

State the nature of the proposed zoning change, the address and location of the subject property being considered, and the hearing date; and

Be published before the 15th day before the City Council public hearing date.

Mailed notice.

Written notice of the time, date, and place of the public hearing is to be sent to all owners of real property located within 300 feet of the property for which the zoning change is requested,

The notice shall be sent prior to the 10th day before the Planning and Zoning public hearing date by depositing in the mail such notice properly addressed and postage paid;

The notice shall be sent to each owner as the ownership appears on the last approved City tax roll; and

The Administrator shall record the names and addresses of all persons, firms, and corporations to whom notices were mailed, including the date of mailing.

Posting signs.

The applicant shall post signs noticing the public hearing as stated below:

For property located on roadways with a speed limit less than 45 miles per hour, 18" x 24" signs shall be placed at intervals of 200 feet along the roadway frontage of the property.

For property located on a roadway with a speed limit of 45 mph and greater, 24" x 36" signs shall be placed at intervals of 200 feet along the roadway frontage of the property.

No more than three (3) signs shall be required per roadway frontage.

If a tract has less than 200 feet of frontage per roadway, then only one (1) sign is required per road frontage.

Signs shall be erected at least 10 days prior to the Planning and Zoning public hearing.

Neighborhood communication summary.

Purposes.

The purposes of the neighborhood communication summary are to:

Educate the applicant and area residents about each others’ interests;

Open channels of dialog between the applicant, existing landowners, and residents;

Attempt to resolve issues in a manner that is respectful of all interests; and

Identify unresolved issues.

Neighborhood meeting optional.

A general neighborhood meeting may be conducted to achieve the purposes of this process but is not required. Any method, or combination of methods of communication, may be utilized.

Submittal.

Efforts implemented to notify neighborhoods about the proposal, including who was notified, how they were notified, and when they were notified;

Information about the project that was shared with owners and residents via mailings, workshops, meetings, open houses, flyers, and/or door-to-door meetings;

A list of who was involved in the discussions;

The suggestions and concerns raised by the neighborhoods; and

The specific actions that were taken, or that are proposed to be taken, in response to feedback from the residents.

Present at public hearing.

The applicant must present the summary report to the authorized decision-making body at the public hearing.

HOA/Neighborhood Representative Notification.

Zoning text amendment.

Amendments to the text of this Chapter shall follow the publication notice requirements stated in subsection B.1, above.

(Ordinance CO09-19-01-24-E4 adopted 1/24/19)

§ 11.06.033 Withdrawals.

Generally.

Applications may be withdrawn as provided in this section.

Withdrawal.

Any application may be withdrawn, either in writing or on the record, during the proceedings before the Planning and Zoning Commission recommendation or decision is made.

All application fees will apply with each submittal or resubmittal.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.03, adopted 11/9/17)

§ 11.06.034 Successive applications.

Generally.

It is the policy of the City not to hear successive applications for substantively similar requests after an initial application is denied.

Time required between substantially similar applications.

Whenever any application listed in Article 11.06, division 3, part II, Public Hearing Approvals, has been denied on its merits:

A second application seeking substantively similar consideration in the same form, may not be accepted by the City for a period of 12 months after an original application is denied; and

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.04, adopted 11/9/17)

§ 11.06.035 Fees.

Generally.

An applicant shall pay fees as set forth in appendix A of the Code of Ordinances for the processing and review of the various applications. Such fees shall include:

Application submittal fees; and

Additional development applications or approvals may not be processed by the City until any outstanding application or review fees or expenses incurred by the City have been paid in full.

Relationship to application.

Fees must be paid at time of application submittal.

No refunds.

The application fee, and any additional fees incurred by the City in the review of an application shall be paid in full by the applicant and are nonrefundable.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.02.05, adopted 11/9/17)

§ 11.06.036 through § 11.06.060. (Reserved)

§ 11.06.121 Appeals.

Generally.

An appeal may be taken to the zoning board of adjustment by any person aggrieved or by any officer, department, or board of the City affected by a decision of the Administrator under this Chapter.

Applicability.

Procedures.

Decision.

The zoning board of adjustment shall decide the merits of the appeal based on their findings of fact and deliberations.

Effect of appeal.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.04.01, adopted 11/9/17)

§ 11.06.122 Variance.

Generally.

Applicability.

Use variances prohibited.

Variances that authorize a use other than those permitted in the district for which the variance is sought are not permitted.

Hardship criteria.

The zoning board of adjustment may only grant a variance from any requirement of this Chapter if it makes written findings that affirm each of the following criteria are satisfied:

Due to these special conditions, strict application of this Chapter would deprive the applicant of reasonable use of the property and would result in an undue hardship;

The undue hardship is not self-induced or created by the applicant, nor is it strictly pecuniary/financial;

Granting the variance request would not be contrary to the public interest or detrimental to the public health, safety, or welfare;

Granting the variance request would be within the spirit of this Chapter and result in substantial justice; and

Any other criteria that should be considered pursuant to state law.

Variance process.

All requested variances from this Chapter shall be made in writing at least 30 calendar days prior to the date on which consideration of the variance would be given by the zoning board of adjustment.

The applicant requesting a variance shall submit documentation describing how the proposed variance(s) satisfy each of the criteria stated in subsection D, above.

Should a variance be granted, the zoning board of adjustment may impose such additional conditions as necessary and desirable in the public interest.

The board shall conduct at least one (1) public hearing prior to taking action on a variance request.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.04.02, adopted 11/9/17)

§ 11.06.061 Administrative approvals.

Generally.

Administrative approvals are those that are issued administratively by the Administrator, Building Official, or other City staff person under this Chapter.

Appeals of administrative approvals.

Administrative decisions may be appealed in accordance with section 11.06.121.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.01, adopted 11/9/17)

§ 11.06.062 through § 11.06.080. (Reserved)

§ 11.06.081 Public hearing approvals.

Generally.

At a public hearing:

The zoning board of adjustment may approve, conditionally approve, or deny an application where it has the authority.

Development approval process.

In general, the approval procedures provided in this division are intended to be undertaken in sequence until the application is considered and decided by the decision-making body.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02, adopted 11/9/17)

§ 11.06.082 Rezoning request.

Generally.

The boundaries of any zoning district in the City may be changed, or the district classification of any parcel of land may be changed, as provided in this section.

Authority to request rezoning.

The City, or the owner(s) of any property within the corporate limits of the City may request to rezone such property.

Submittal requirements.

When requesting a rezoning, the applicant shall submit a completed application, which shall include the following information:

A completed application requesting the rezoning;

The street address, location, and legal description of the subject property;

A list of surrounding property owners and their legal mailing addresses within 300 feet of the exterior boundary of the parcel proposed to be zoned or rezoned;

A tax certificate from the county treasurer showing the status of all current taxes due on such parcel;

A statement by the applicant explaining the rationale for the rezoning request;

A neighborhood communication summary in accordance with section 11.06.032(B)(4).

The required application fee in accordance with section 11.06.035; and

Any additional information that may be deemed to be appropriate and necessary to demonstrate that the rezoning, if granted, would be compatible with surrounding development.

Procedures.

Staff review process.

Upon submittal, the Administrator shall ensure the submittal is complete and will initiate the review process of the request.

Review by Planning and Zoning Commission.

The Planning and Zoning Commission shall conduct a public hearing.

The Planning and Zoning Commission shall formulate a recommendation for City Council consideration.

The recommendation shall be transmitted to the City Council and applicant.

Review by the City Council.

The City Council shall conduct a public hearing;

The Council shall either approve, conditionally approve, or deny the request.

In making its decision, the City Council shall consider the recommendation of the Planning and Zoning Commission, staff reports, and the written and oral testimony presented.

Establishment of Conditional Overlay (CO) district.

Prohibit permitted, conditional, special, or accessory uses otherwise authorized in the base district;

Decrease the number or average density of dwelling units that may be constructed on the property;

Increase the minimum lot size or lot width requirements;

Increase the minimum buffer yard and setback requirements;

Restrict access to abutting and nearby roadways; or

Restrict any other specific site development regulation required or authorized by this Chapter.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.01, adopted 11/9/17)

§ 11.06.083 Master development plan.

Generally.

General locations and types of residential, nonresidential, and public or institutional uses;

Minimum and maximum gross densities and heights of residential uses;

General locations and the extent of public parkland and private open spaces and amenities;

General phases of development;

A general identification of the lands to be dedicated for public purpose; and

Any special flood hazard area which may exist in the development.

Applicability.

Prerequisite.

Submittal, review, and approval of a master development plan is a prerequisite for submission of any other plan or permit approval within a Planning Area (PA) district.

Minimum property size.

Procedure.

The review and approval procedures are as follows:

Application.

The applicant shall submit a completed application to the Administrator. The application shall contain the following information:

The items of information outlined in section 11.06.082, Rezoning Request, plus:

A map depicting the existing zoning and land uses of the subject property and all land within 500 feet;

A map depicting the approximate locations and sizes of existing streets, water mains, storm and sanitary sewers, gas lines, or other underground installations;

A written statement describing the proposed development and its conformance with the Comprehensive Plan and its policy statements;

Schematic land plan drawn at a range of scale from 10 feet to an inch to 100 feet to an inch of the proposed development plan showing, at a minimum:

Public parkland and private open spaces;

The general placement and heights of residential, nonresidential, institutional, mixed use, and other buildings and land uses;

An approximate layout of street rights-of-way, their proposed roadway designations, and alignment with existing streets;

General plans for transitioning uses and development types, particularly for the existing, adjoining developments, as applicable; and

Site features to be preserved or integrated into the development.

Tabulation of the following information which may be expressed in ranges, if applicable:

Total number of dwelling units proposed;

The general categories of land use categorized to include, but not be limited to:

Residential uses by type of structure;

Commercial uses;

Industrial uses;

Public (common) and private open space; and

Streets.

The general categories of land uses and their percentages of the total site area;

If the development is proposed for construction in phases, an expected schedule for the development of each phase; and

Other information as the Administrator, Planning and Zoning Commission or City Council deem necessary to perform a full and complete review of the application.

Waiver of specific submissions.

Actions by the Administrator, Planning and Zoning Commission, and City Council.

The procedures for the review and approval of a master development plan shall be as set out in section 11.06.082, Rezoning Request.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.02, adopted 11/9/17)

§ 11.06.084 Planned development.

Generally.

Purpose.

Generally.

Threshold.

No planned development shall be created unless the applicant demonstrates that the planned development materially advances the purposes stated in this section.

Applicability.

Procedures.

The procedures are the same as that for a rezoning request, as stated in section 11.06.082, Rezoning Request, and include the additional requirements set forth below:

Application.

The applicant shall submit a complete application to the Administrator. The application shall contain the information set forth below.

Submittal requirements.

The items of information outlined in section 11.06.082, Rezoning Request;

Identification of the base zoning district(s) to which the PD is most similar;

A statement of intent and purpose of the PD;

Development regulations for the PD; and

A concept plan that illustrates graphically the standards contained within the PD.

Applicable regulations.

Development regulations shall be included as part of the Planned Development, and may include, but are not be limited to:

Land uses;

Densities;

Lot areas and widths;

Lot depths;

Building coverage and heights;

Building elevations;

Parking and access;

Screening and landscaping;

Other regulations as the Planning and Zoning Commission and the City Council may deem appropriate to perform a full and complete review of the application.

Actions by the Administrator, Planning and Zoning Commission, and City Council.

The procedures for the review and approval of a planned development shall be as stated in section 11.06.082, Rezoning Request.

Modifications to the PD.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.03, adopted 11/9/17)

§ 11.06.085 Special use permit.

Generally.

Applicability.

Submittal requirements.

When requesting a special use permit, the applicant shall submit a completed application including the following:

The items of information outlined in section 11.06.082, Rezoning Request;

A statement by the applicant explaining the rationale for the SUP request;

A concept plan including:

Compliance with the goals and objectives of the Comprehensive Plan; and

Any additional information that may be deemed to be appropriate and necessary to demonstrate that the SUP, if granted, would be compatible with surrounding development.

Approval criteria.

In review of a special use, the Planning and Zoning Commission, City Council, and staff shall utilize the following in their review, recommendations, and decision:

The proposed special use permit conforms to adopted plans and all other applicable provisions of this Chapter;

Adequate public facilities and services are available without the reduction of services for any existing uses;

All proposed accessory uses demonstrate that they are necessary and desirable;

The maximum density is no greater than that permitted in the applicable zoning district.

Procedures.

An application is processed as stated in section 11.06.082, Rezoning Request.

Decision.

In granting a special use, the Planning and Zoning Commission or City Council may:

Require that a performance guarantee, acceptable in form, content, and amount to the City, be posted by the applicant to ensure continued compliance with all applicable conditions and requirements.

Findings of fact/basis for denial.

After considering the public comment relating the criteria listed above in relation to the requested special use permit, the Planning and Zoning Commission and City Council shall find:

If the application is granted, that the application sufficiently addresses each of the criteria listed above; and

If the application is denied, that the application failed to sufficiently address one (1) or more of the stated criteria.

Perpetually binding.

A special use shall be perpetually binding upon and shall run with the property.

Abandonment or failure to commence special use.

If a special use has not progressed in accordance with Texas Local Government Code, chapter 245, Issuance of Local Permits, the special use shall be deemed expired.

If any special use is discontinued for a period exceeding one (1) year or replaced by another use, the special use permit shall be deemed abandoned.

Enlargements, modifications, or alterations.

A building, premises, or land used under a special use permit may be enlarged, modified, structurally altered, or otherwise changed provided the changes do not:

Increase the height of structures, including, without limitation, antenna support structures;

Increase the gross floor area of the building;

Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use; or

Reduce the amount of open space.

All other enlargements, modifications, structural alterations, or changes other than those outlined in subsection J.1., above, shall require the approval of a new special use permit.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.03, adopted 11/9/17)

§ 11.06.086 Zoning text amendment.

Generally.

Applicability.

The City Council and any other body that is described in Article 11.05, Development Review Bodies, may initiate an amendment by motion.

Procedures.

The Planning and Zoning Commission and City Council shall each hold a public hearing. The procedure shall incorporate the following additional requirements:

Staff review.

Planning and zoning commission recommendation.

City Council action and decision.

Approval criteria.

Will help to implement the Comprehensive Plan;

Is consistent with the stated purposes of this Chapter;

Will maintain or advance the public health, safety, or general welfare;

Will advance the strategic goals of the City Council.

(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.06.03.02.05, adopted 11/9/17)