A. 
Generally.
Administrative approvals are those that are issued administratively by the Administrator, Building Official, or other City staff person under this Chapter.
B. 
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)
A. 
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.
1. 
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.
2. 
At a public hearing:
a. 
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.
b. 
The zoning board of adjustment may approve, conditionally approve, or deny an application where it has the authority.
c. 
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.
B. 
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)
A. 
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.
B. 
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.
C. 
Submittal requirements.
When requesting a rezoning, the applicant shall submit a completed application, which shall include the following information:
1. 
A completed application requesting the rezoning;
2. 
The street address, location, and legal description of the subject property;
3. 
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;
4. 
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;
5. 
A tax certificate from the county treasurer showing the status of all current taxes due on such parcel;
6. 
A statement by the applicant explaining the rationale for the rezoning request;
7. 
A neighborhood communication summary in accordance with section 11.06.032(B)(4).
8. 
The required application fee in accordance with section 11.06.035; and
9. 
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.
D. 
Procedures.
1. 
Staff review process.
Upon submittal, the Administrator shall ensure the submittal is complete and will initiate the review process of the request.
2. 
Review by Planning and Zoning Commission.
a. 
The Planning and Zoning Commission shall conduct a public hearing.
b. 
The Planning and Zoning Commission shall formulate a recommendation for City Council consideration.
c. 
The recommendation shall be transmitted to the City Council and applicant.
3. 
Review by the City Council.
a. 
The City Council shall conduct a public hearing;
b. 
The Council shall either approve, conditionally approve, or deny the request.
c. 
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.
d. 
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.
E. 
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:
1. 
Prohibit permitted, conditional, special, or accessory uses otherwise authorized in the base district;
2. 
Decrease the number or average density of dwelling units that may be constructed on the property;
3. 
Increase the minimum lot size or lot width requirements;
4. 
Increase the minimum buffer yard and setback requirements;
5. 
Restrict access to abutting and nearby roadways; or
6. 
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)
A. 
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:
1. 
General locations and types of residential, nonresidential, and public or institutional uses;
2. 
Minimum and maximum gross densities and heights of residential uses;
3. 
General locations and the extent of public parkland and private open spaces and amenities;
4. 
General phases of development;
5. 
A general identification of the lands to be dedicated for public purpose; and
6. 
Any special flood hazard area which may exist in the development.
B. 
Applicability.
1. 
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.
2. 
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.
C. 
Procedure.
The review and approval procedures are as follows:
1. 
Application.
The applicant shall submit a completed application to the Administrator. The application shall contain the following information:
a. 
The items of information outlined in section 11.06.082, Rezoning Request, plus:
b. 
A map depicting the existing zoning and land uses of the subject property and all land within 500 feet;
c. 
A map depicting the approximate locations and sizes of existing streets, water mains, storm and sanitary sewers, gas lines, or other underground installations;
d. 
A written statement describing the proposed development and its conformance with the Comprehensive Plan and its policy statements;
e. 
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:
1. 
Public parkland and private open spaces;
2. 
The general placement and heights of residential, nonresidential, institutional, mixed use, and other buildings and land uses;
3. 
An approximate layout of street rights-of-way, their proposed roadway designations, and alignment with existing streets;
4. 
General plans for transitioning uses and development types, particularly for the existing, adjoining developments, as applicable; and
5. 
Site features to be preserved or integrated into the development.
f. 
Tabulation of the following information which may be expressed in ranges, if applicable:
1. 
Total number of dwelling units proposed;
2. 
The general categories of land use categorized to include, but not be limited to:
a. 
Residential uses by type of structure;
b. 
Commercial uses;
c. 
Industrial uses;
d. 
Public (common) and private open space; and
e. 
Streets.
3. 
The general categories of land uses and their percentages of the total site area;
g. 
If the development is proposed for construction in phases, an expected schedule for the development of each phase; and
h. 
Other information as the Administrator, Planning and Zoning Commission or City Council deem necessary to perform a full and complete review of the application.
2. 
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.
3. 
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)
A. 
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.
B. 
Purpose.
1. 
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.
2. 
Threshold.
No planned development shall be created unless the applicant demonstrates that the planned development materially advances the purposes stated in this section.
C. 
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.
D. 
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:
1. 
Application.
The applicant shall submit a complete application to the Administrator. The application shall contain the information set forth below.
2. 
Submittal requirements.
a. 
The items of information outlined in section 11.06.082, Rezoning Request;
b. 
Identification of the base zoning district(s) to which the PD is most similar;
c. 
A statement of intent and purpose of the PD;
d. 
Development regulations for the PD; and
e. 
A concept plan that illustrates graphically the standards contained within the PD.
3. 
Applicable regulations.
Development regulations shall be included as part of the Planned Development, and may include, but are not be limited to:
a. 
Land uses;
b. 
Densities;
c. 
Lot areas and widths;
d. 
Lot depths;
e. 
Building coverage and heights;
f. 
Building elevations;
g. 
Parking and access;
h. 
Screening and landscaping;
i. 
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
j. 
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.
4. 
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.
5. 
Modifications to the PD.
a. 
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)
A. 
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.
B. 
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.
C. 
Submittal requirements.
When requesting a special use permit, the applicant shall submit a completed application including the following:
1. 
The items of information outlined in section 11.06.082, Rezoning Request;
2. 
A statement by the applicant explaining the rationale for the SUP request;
3. 
A concept plan including:
a. 
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;
b. 
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;
c. 
Compliance with the goals and objectives of the Comprehensive Plan; and
4. 
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.
D. 
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:
1. 
The proposed special use permit conforms to adopted plans and all other applicable provisions of this Chapter;
2. 
Adequate public facilities and services are available without the reduction of services for any existing uses;
3. 
All proposed accessory uses demonstrate that they are necessary and desirable;
4. 
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;
5. 
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
6. 
The maximum density is no greater than that permitted in the applicable zoning district.
E. 
Procedures.
An application is processed as stated in section 11.06.082, Rezoning Request.
F. 
Decision.
In granting a special use, the Planning and Zoning Commission or City Council may:
1. 
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
2. 
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.
G. 
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:
1. 
If the application is granted, that the application sufficiently addresses each of the criteria listed above; and
2. 
If the application is denied, that the application failed to sufficiently address one (1) or more of the stated criteria.
H. 
Perpetually binding.
A special use shall be perpetually binding upon and shall run with the property.
I. 
Abandonment or failure to commence special use.
1. 
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.
2. 
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.
J. 
Enlargements, modifications, or alterations.
1. 
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:
a. 
Increase the height of structures, including, without limitation, antenna support structures;
b. 
Increase the gross floor area of the building;
c. 
Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use; or
d. 
Reduce the amount of open space.
2. 
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)
A. 
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.
B. 
Applicability.
The City Council and any other body that is described in Article 11.05, Development Review Bodies, may initiate an amendment by motion.
C. 
Procedures.
The Planning and Zoning Commission and City Council shall each hold a public hearing. The procedure shall incorporate the following additional requirements:
1. 
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.
2. 
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.
3. 
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.
4. 
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:
a. 
Will help to implement the Comprehensive Plan;
b. 
Is consistent with the stated purposes of this Chapter;
c. 
Will maintain or advance the public health, safety, or general welfare;
d. 
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
e. 
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)