A. 
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).
B. 
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)
A. 
Generally.
1. 
Public notice shall be provided in accordance with the requirements of this section and the applicable requirements of the Texas Local Government Code (TLGC).
2. 
If the requirements of this Chapter conflict with the requirements of the TLGC, the stricter requirement shall prevail.
B. 
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:
1. 
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:
a. 
State the nature of the proposed zoning change, the address and location of the subject property being considered, and the hearing date; and
b. 
Be published before the 15th day before the City Council public hearing date.
2. 
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,
a. 
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;
b. 
The notice shall be sent to each owner as the ownership appears on the last approved City tax roll; and
c. 
The Administrator shall record the names and addresses of all persons, firms, and corporations to whom notices were mailed, including the date of mailing.
3. 
Posting signs.
The applicant shall post signs noticing the public hearing as stated below:
a. 
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.
b. 
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.
c. 
No more than three (3) signs shall be required per roadway frontage.
d. 
If a tract has less than 200 feet of frontage per roadway, then only one (1) sign is required per road frontage.
e. 
Signs shall be erected at least 10 days prior to the Planning and Zoning public hearing.
4. 
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.
a. 
Purposes.
The purposes of the neighborhood communication summary are to:
1. 
Educate the applicant and area residents about each others’ interests;
2. 
Open channels of dialog between the applicant, existing landowners, and residents;
3. 
Attempt to resolve issues in a manner that is respectful of all interests; and
4. 
Identify unresolved issues.
b. 
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.
c. 
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:
1. 
Efforts implemented to notify neighborhoods about the proposal, including who was notified, how they were notified, and when they were notified;
2. 
Information about the project that was shared with owners and residents via mailings, workshops, meetings, open houses, flyers, and/or door-to-door meetings;
3. 
A list of who was involved in the discussions;
4. 
The suggestions and concerns raised by the neighborhoods; and
5. 
The specific actions that were taken, or that are proposed to be taken, in response to feedback from the residents.
d. 
Present at public hearing.
The applicant must present the summary report to the authorized decision-making body at the public hearing.
5. 
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.
C. 
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)
A. 
Generally.
Applications may be withdrawn as provided in this section.
B. 
Withdrawal.
1. 
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.
2. 
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.
3. 
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.
4. 
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)
A. 
Generally.
It is the policy of the City not to hear successive applications for substantively similar requests after an initial application is denied.
B. 
Time required between substantially similar applications.
1. 
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.
2. 
Whenever any application listed in Article 11.06, division 3, part II, Public Hearing Approvals, has been denied on its merits:
a. 
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
b. 
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)
A. 
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:
1. 
Application submittal fees; and
2. 
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.
3. 
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.
B. 
Relationship to application.
Fees must be paid at time of application submittal.
C. 
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)