(a) 
An application for a subdivision plat, including without limitation an application for approval or amendment of a development plat, preliminary plan, final plat, replat, amending plat, plat vacation, subdivision construction plan, site development plan or other approval authorized by these subdivision regulations, shall expire on or after the 45th day after the date the application is filed, pursuant to section 245.002(e) of the Texas Local Government Code, as amended, if:
(1) 
The applicant fails to provide documents of other information necessary to comply with the City’s technical requirements relating to the form and content of the permit application;
(2) 
The City provides to the applicant not later than the 10th business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and
(3) 
The applicant fails to provide the specified documents or other information within the time provided in the notice.
(b) 
The Planning and Zoning Commission shall act on a plat, site development plan, or subdivision construction plan within thirty (30) days after it is formally filed with the City, unless otherwise agreed to in writing by the applicant.
(c) 
The Development Services Department shall review all plat applications in conjunction with other City departments and utility companies for compliance with this Chapter and other applicable City codes and regulations.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
(a) 
When an applicant can show that a provision of these regulations would cause unnecessary hardship if strictly adhered to and where, because of some condition peculiar to the site in the opinion of the Planning and Zoning Commission, a departure may be made without destroying the intent of such provisions, the Planning and Zoning Commission may authorize a variance.
(b) 
Variances from the terms of this chapter shall be granted by the Planning and Zoning Commission if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done. The Planning and Zoning Commission shall have no authority to grant a variance based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivides that land, and provided that pecuniary hardship to the applicant, standing alone, shall not be deemed to constitute grounds for a variance.
(c) 
A variance may be applied for as part of a plat or replat request or as a separate request if the property is already platted. The applicant shall be responsible for providing all necessary information pertinent to the request, including the justification for such variance.
(d) 
Any applicant aggrieved by action on a variance by the Planning and Zoning Commission may appeal to the City Council within thirty (30) days from the day of such action and not thereafter. The City Council may affirm, modify, or reverse the decision of the Planning and Zoning Commission.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
In addition to any other remedy provided by law, the City Council shall have the right to seek injunctive relief for a violation of this chapter. This chapter may be further enforced by injunction and other judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken, any person who violates any term or provision of this chapter, with respect to any land or development within the city, by fine and penalties as provided herein.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)
(a) 
Purpose.
The purpose of this Section is to govern the procedures to request from the City a determination of municipal infrastructure cost apportionment and the procedures of an appeal by a developer of its proportionate share of the costs of municipal infrastructure improvements as provided by state law.
(b) 
Determination of proportionate share.
(1) 
A developer who is required to pay a proportionate share of municipal infrastructure pursuant to Local Government Code Section 212.904, as amended, and who has submitted an application pursuant to Chapter 12 or Chapter 14, herein, may request from the City a determination of the developer’s proportionate share. The request for a determination shall be emailed to the Director of Engineering.
(2) 
The City’s determination of the developer’s proportionate share shall be completed within thirty (30) days following the submission of the developer’s request for a determination of the developer’s proportionate share.
(c) 
Appeal.
(1) 
In the event that a developer disputes the determination of the City for its costs of municipal infrastructure improvements for a property development project, the developer must file a written appeal with the Director of Engineering requesting a determination by the City Council.
(2) 
A written appeal shall set forth the infrastructure improvements, charges or costs of the municipal infrastructure improvements the developer seeks to contest.
(3) 
Failure of the developer to appear on the scheduled date and time at the appeal hearing before the City Council shall be grounds for dismissal.
(d) 
Standards for City Council evaluation of the contested infrastructure cost apportionment.
The developer shall bear the burden of proof to demonstrate that the City’s municipal infrastructure cost apportionment determination is not roughly proportionate. The party appealing to the City Council shall have the burden of first presenting evidence as provided by these rules. The City Council shall evaluate the contested infrastructure cost apportionment determination under the following standards:
(1) 
Whether the infrastructure cost apportionment determination relates to the needs created by the property development project.
(2) 
Whether the infrastructure cost apportionment determination is roughly proportionate to the impact of the property development project.
(e) 
Procedural rules.
The following procedural rules shall apply to appeals under this article:
(1) 
Opening of the hearing.
The presiding officer of the City Council shall call the agenda item and open the hearing. The developer and the City may opt to have all or portions of the hearing conducted by a representative.
(2) 
Developer’s presentation.
(A) 
The developer shall present written evidence and oral or written testimony regarding the infrastructure administrative apportionment determination to the council.
(B) 
If more than one apportionment determination is being contested by the developer, the developer shall present as part of his presentation an enumerated list of contested apportionment determinations.
(C) 
The developer may present oral testimony, written document, or both during the presentation of evidence and testimony.
(D) 
If the developer wishes to introduce written documentation, it must be provided to the city secretary no later than seven calendar days in advance of the hearing to ensure that council members have time to review the material prior to the hearing.
(E) 
If the developer wishes to induce expert testimony, it must file written testimony no later than seven days prior to the appeal hearing.
(3) 
City Council examination/clarification of developer’s presentation.
Following the developer’s presentation, the City Council may ask questions of the developer, and the developer’s witnesses and representatives.
(4) 
City presentation.
City staff, witnesses, and representatives may offer evidence and testimony regarding the apportionment determination or other relevant issue raised by the developer during his presentation or as directed by city council.
(5) 
City Council examination/clarification of City’s presentation.
The City Council may question the City staff, witnesses, or representatives regarding the apportionment determination or other relevant issue raised in the presentations.
(6) 
Developer’s cross-examination of City witnesses and rebuttal.
The developer may question or cross-examine the City staff, witnesses, or representatives regarding the apportionment determination, the disputed issues raised by the developer, and any other area of testimony or evidence they addressed in their presentation or in response to City Council examination. The developer may also introduce rebuttal evidence during this stage of the proceeding.
(7) 
City Council re-examination/clarification.
The City Council may conduct further questioning of any previously called witness or seek any further explanation on any issue raised in the hearing.
(8) 
Developer re-cross and closing statement.
Following the conclusion of the City Council’s re-examination, the developer shall be given the option to conduct further questioning or cross-examination of any previously called witness. The developer shall also be given the option to make a brief summation of his arguments or a closing statement.
(9) 
Closure and timetable for decision.
Upon conclusion of the developer’s case, the presiding officer shall inquire whether the developer has submitted all the evidence and testimony he wishes the council to consider. If the developer indicates all evidence and testimony has been submitted, the council shall issue a determination within 30 days of the conclusion of the hearing.
(f) 
City Council authority.
The City Council shall have the authority to affirm or overturn the findings of the City staff in making the infrastructure apportionment determination in whole or in part, and may make or modify an award or refund to the developer in order to confirm with the standards of rough proportionality set forth in Texas Local Government Code, § 212.904, and the standards set forth in Subsection (a), herein. The applicable determination by the City Council shall be made within thirty (30) days following the final submission of any testimony or evidence by the developer.
(Ordinance CO06-19-10-24-E6 adopted 10/24/19)
The provisions of this Chapter shall be considered to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be consistently applied in order to accomplish the purposes within section 12.01.003.
(Ordinance CO06-19-10-24-E6 adopted 10/24/19)