(A)
Enabling
Legislation.
The regulations within this Garland Development Code (GDC) are authorized under the authority of the Constitution and other laws of the State of Texas, including Chapters 211 and 212 of the Texas Local Government Code, and the City’s home-rule authority as provided in the Garland City Charter (the Charter). The provisions of this GDC expressly extend to, and are enforceable upon, all areas inside the City’s limits, as those limits may exist from time to time and as those limits may be adjusted through annexation or disannexation. Some portions of this GDC, such as Chapter 3 (Subdivision Regulations) also extend throughout, and are enforceable upon, the City’s extraterritorial jurisdiction (ETJ), as those areas may also exist from time to time and as those areas may also be adjusted through annexation or disannexation or otherwise.
(B)
Authority.
Authority under this GDC is vested in and delegated to the officials
and decision-makers designated in various chapters of this GDC, the
City Code, the Charter, and the constitution and laws of the State
of Texas. This authority shall be deemed supplemental to any other
authority lawfully conferred upon the City’s officials and decision-makers.
The omission of a citation in this GDC to any authority conferred
upon the officials and decision-makers under the Charter, the Constitution
or laws of the State of Texas, or the City Code, or the failure to
identify in this article authority conferred by other provisions of
this GDC, shall not be construed as limiting the actions of such officials
and decision-makers taken in accordance with and in reliance upon
such authority.
(C)
Responsible
Official.
The responsible official is generally the City
staff person assigned authority and responsibility under this GDC
or the City Code for taking the following actions with regard to an
application:
(1)
Accepting
the application for filing and processing;
(2)
Reviewing
and making recommendations concerning the application;
(3)
Seeking
advice of other City departments and coordinating any recommendations
from such departments concerning the application;
(4)
Deciding
the application, where so authorized;
(5)
Preparing
reports to and advising any board, commission or the City Council
that has responsibility for making recommendations on or deciding
the application;
(6)
Delegating
the official’s authority to other appropriate City officials,
who shall thereupon be deemed the responsible official for purposes
of carrying out the delegated duties;
(7)
Initiating
enforcement actions concerning compliance with the standards applicable
to the application and the conditions imposed thereon; and
(8)
Taking
all other actions necessary for administration of the provisions of
this GDC with respect to the application.
(Ordinance 6773 adopted 5/19/15)
(A)
Implied
Authority.
The officials and decision-makers shall have
all implied authority necessary to carry out the duties and responsibilities
expressly delegated by this GDC to the extent that the implied authority
is not in conflict with the expressly delegated authority, and to
the extent that the implied authority is not in conflict with controlling
law.
(B)
Specific
Authority - City Manager.
(Ordinance 6773 adopted 5/19/15)
(A)
City
Policy.
It is the policy of the City that the standards
and procedures applicable to development of property within the City’s
limits and within the City’s ETJ are as stated in this GDC,
notwithstanding any representation by any City official summarizing,
paraphrasing or otherwise interpreting such standards to the contrary,
whether generally or as applied to development of specific property.
(B)
Representations.
No City official, whether an employee of the City, a contracted
consultant or other representative of the City, a member of an appointed
board or commission, or a member of the City Council, shall have the
authority to make binding representations as to the following:
(1)
Future
Action on Application or Legislative Action.
To a property
owner concerning the likelihood of an outcome of that official’s
decision or the decision of an appointed board, commission or the
City Council, on any application or legislative action that has yet
to be filed or is pending before the City for decision.
(2)
Future
Amendments.
To any person concerning the likelihood that
a change in any legislative classification or a change in the text
of this GDC as applied to a specific tract of land will be granted
or made, or that an existing legislative classification or text provision
will remain in effect, or that any petition for relief will be granted.
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No person is entitled to rely upon any representation made by an official in breach of this Subsection, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this Subsection. The provisions of Article XVII, Section 13 of the Charter expressly apply to and are incorporated into this GDC by reference.
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(C)
Effect
of this GDC on Liability Claims.
The City’s approval
of an application under the standards and procedures of this GDC does
not guarantee or assure that development of the property in accordance
with the standards will prevent, minimize or mitigate harm to adjoining
property. A person who undertakes development activities shall not
rely on the City’s approval of an application as ensuring that
the development activities will not result in harm to adjoining property.
The regulations contained in this GDC constitute an exercise of the
City’s governmental authority, and approval of an application
shall not give rise to any liability on the part of the City or its
officers, agents and employees, nor will an approval release the applicant
from any liability for harm arising out of development of the property
under applicable law.
(D)
No Waivers.
Except as expressly provided for in this GDC, no official, board or commission of the City, or the City Council, shall have authority to waive any requirement or standard of this GDC. Any attempted waiver of a requirement or standard in contravention of this Subsection is void and of no effect and, upon discovery, shall be grounds for revocation of a permit or approved development application, in accordance with Section 5.25, should such revocation be necessary to protect public health, safety or welfare.
(Ordinance 6773 adopted 5/19/15)
(A)
Internal
Inconsistency.
Whenever one or more provisions of this GDC are in apparent conflict, the provisions shall be construed, if possible, so that effect is given to each. If the conflict is between a general provision and a specific provision, and the conflict is irreconcilable, the specific provision shall prevail as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision should prevail. The Planning Director shall be responsible for resolving any internal conflicts or inconsistencies by reasonably applying the aforementioned rules of construction. Appeals to such interpretations may be made to the Plan Commission (and further appealed to City Council, if necessary), except for interpretations pertaining to zoning regulations set forth in Chapter 2 of this GDC which shall be made to the Board of Adjustment (see Chapter 2, Article 2, Division 4).
(B)
Incomplete
Provisions.
Whenever a specific standard or procedure
of this GDC is incomplete when applied in isolation to an application
or development activity, such standard shall be supplemented by any
general or specific provision of this GDC, the City’s Development Application Packet (such as development guides,
checklists, and applications), the Code, or controlling law in order
to give effect to the incomplete provision.
(C)
Conflict
with State Law.
To the extent any provision of this GDC
conflicts with Texas law, the provision shall be construed so as to
be in compliance with state law, where possible. If it is not possible
to construe a given provision in a manner that is compliant with state
law, the provision shall not be enforced.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 7, adopted 8/20/19)
(A)
The regulations
contained within this GDC are intended to implement official City
goals and objectives with respect to the development and redevelopment
of the City’s physical environment, and are the City’s
minimum requirements for the development, redevelopment, and platting
of land within the City and its ETJ.
(B)
The development,
redevelopment, and subdivision of land, as they affect a community’s
quality of life, are activities where regulation is a valid function
of municipal government. Through the application of these regulations,
the interests of public and private parties are protected by the granting
of certain rights and privileges, and by establishing a fair and rational
procedure for developing, redeveloping and subdividing land within
the City and its ETJ.
(C)
These
provisions are intended to implement the following objectives:
(1)
Promote
the development, redevelopment and utilization of land in a manner
that assures an attractive and high-quality community environment
in accordance with the adopted Comprehensive Plan and other stated
City policies and objectives;
(2)
Guide,
assist and expedite property owners and applicants in the correct
procedures to be followed in the development, redevelopment and subdivision
of land, and to inform them of the City’s minimum standards
for same;
(3)
Protect
the public interest by imposing minimum standards for the location,
design and type of public infrastructure (such as streets, sidewalks,
alleys, utilities, storm drainage, and other essential public services)
needed to serve new developments, redeveloping land, and for surrounding
areas;
(4)
Ensure
the most efficient and beneficial provision of public facilities and
services for each land tract being developed, redeveloped or subdivided;
(5)
Provide
for the safe and efficient circulation of traffic;
(6)
Provide
for safe and efficient pedestrian circulation that is appropriate
for the various uses of land and buildings;
(7)
Prevent
pollution;
(8)
Preserve
the natural beauty and topography of the City and ensure development,
redevelopment, and land subdivision that is appropriate with regard
to these natural features;
(9)
Establish
adequate and accurate records of land subdivision;
(10)
Provide for adequate light, air, and privacy;
(11)
Secure safety from fire, flood, and other dangers;
(12)
Prevent overcrowding of land and undue congestion of population;
and
(13)
Ensure development that promotes public welfare, protects property
values, and enhances the quality of life for residents of the City
of Garland.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 1, adopted 12/3/19)
All administratively complete applications for zoning, development, redevelopment or subdivision approval that are pending on the effective date of this GDC, and that have not lapsed, shall be reviewed under the applicable regulations in effect immediately preceding the effective date of this GDC (see Chapter 5, Article 1, Division 5).
(Ordinance 6773 adopted 5/19/15)
(A)
Interpretation.
In their interpretation and application, the provisions of the
regulations contained in this GDC shall be held to be the minimum
requirements for the promotion of the public health, safety and general
welfare. These regulations shall be construed broadly to promote the
purposes for which they are adopted.
(B)
Conflict
With Other Laws.
These regulations are not intended to
interfere with, abrogate or annul any other ordinance, rule or regulation,
statute or other provision of controlling law except as provided in
this GDC. To the extent that this GDC promulgates standards or imposes
restrictions or duties which differ from those imposed by other City
ordinances, rules or regulations, the regulations contained within
this GDC shall supersede such other provisions to the extent of any
conflict or inconsistency.
(C)
Severability.
If any part or provision of this GDC, or the application of
this GDC to any person or circumstance, is adjudged invalid by any
court of competent jurisdiction, the judgment shall be confined in
its operation to the part, provision or application directly involved
in the controversy in which the judgment shall be rendered, and it
shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder
of these regulations even without any such part, provision, or application
which is judged to be invalid.
(Ordinance 6773 adopted 5/19/15)
This GDC shall not be construed as terminating, dismissing,
or abating any action now pending under, or by virtue of, prior existing
regulations, or as discontinuing, abating, modifying or altering any
penalty accruing or about to accrue, or as affecting the liability
of any person, firm or corporation, or as waiving any right of the
City under any section or provision existing at the time of the effective
date of this GDC, or as vacating or annulling any rights obtained
by any person, firm or corporation, by lawful action of the City except
as shall be expressly provided in this GDC.
(Ordinance 6773 adopted 5/19/15)
No person who owes delinquent taxes, delinquent paving or other
infrastructure fees or assessments, delinquent fees, or any other
delinquent debts or obligations to the City, and which are directly
attributable to a piece of property, shall be allowed to receive approval
for any development application (such as plats, replats, and Site
Engineering Drawings) until the taxes, assessments, debts or obligations
directly attributable to the property and owed by the property owner
or a previous owner thereof shall have been first fully discharged
by payment, or until an arrangement satisfactory to the City Manager
has been made for the timely full payment of such debts or obligations.
It shall be the applicant’s responsibility to provide evidence
or proof that all taxes, assessments, debts or obligations to the
City have been paid in full at the time of submission for any application
for approval under this GDC. A tax certificate(s) shall be provided
by the applicant as required by Section 12.002 of the Texas Property
Code.
(Ordinance 6773 adopted 5/19/15)
It is a violation of this GDC for any person to knowingly or
willfully misrepresent or, with intent to deceive, knowingly or willingly
fail to include, any information required by this GDC in any zoning,
platting or development application or during any public hearing or
meeting of the Plan Commission, City Council, Board of Adjustment,
or other City decision-making body. Such a violation shall constitute
grounds for denial of the application or revocation of a previously
granted approval.
(Ordinance 6773 adopted 5/19/15)
(A)
General.
The Development Review Committee (the DRC) shall be organized
to provide information, advice, and guidance to prospective applicants,
to coordinate interdepartmental examination of development applications,
and to generally ensure that development applications comply with
this GDC and other controlling laws.
(B)
Organization
and Structure.
The DRC shall generally consist of the
following members or their duly authorized representatives, and shall
include the responsible official for the application(s) being examined.
DRC members shall attend meetings on an as-needed basis, and certain
members may or may not be present at any particular meeting if their
presence is not needed. Any of the following may appoint a designee
to attend as a representative of that official:
(1)
The
Planning Director, or designee, who shall serve as the Chair of the
DRC;
(2)
Additionally
authorized Planning Department representative(s) appointed by the
Planning Director;
(3)
The
Director of Engineering;
(4)
The
Director of Transportation;
(5)
The
Director of Parks & Recreation;
(6)
The
Director of Sanitation Department;
(7)
The
Building Official;
(8)
The
City Surveyor;
(9)
The
Fire Chief;
(10)
Representative(s) from Garland Power & Light (GP&L); and
(11)
Representative(s) of any other City department or other public entity
determined necessary or helpful by the Planning Director (such as
the Health Department, Dallas or other applicable County, public safety
entities, and school districts).
(Ordinance 6773 adopted 5/19/15; Ordinance 7280 adopted 1/4/22)
(A)
Types
of Applications Reviewed.
The DRC shall review the following
types of applications:
(1)
An
application for a Concept Plan for a Planned Development District,
along with any related application requirements.
(2)
An
application for a Specific Use Provision (SUP), along with any related
application requirements, including a Site Plan and Site Engineering
Drawings;
(3)
An
application for a Site Permit;
(4)
An
application for a Building Permit;
(5)
An
application for any type of plat, including a Preliminary and a Final
Plat; and
(6)
Any
other application appropriate for DRC review as determined by the
Planning Director.
(B)
(C)
Meetings.
All meetings of the DRC shall be open to any applicant who submitted
an application for that DRC meeting. The DRC shall meet on an as-needed
basis, to be determined by the number and nature of applications submitted.
(D)
Written
Records.
Written records of DRC meetings shall be kept
in the office of the Planning Department as part of the record for
each development application or project. A copy of the written record
of the DRC meeting shall also be provided to any applicant participating
in such DRC meeting upon written request by such participant.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 8, adopted 8/20/19; Ordinance 7107, sec. 2, adopted 12/3/19; Ordinance 7524 adopted 4/16/2024)
(A)
Authority.
The DRC shall serve in a review capacity for various types of
development applications. The DRC is a City-staff advisory body, and
shall make no final decisions on any type of development application.
(B)
Authority
for Recommendations.
The DRC shall make recommendations
to the responsible official, who shall then act on the application
(if such action authority is given in this GDC) or shall present DRC
findings and recommendations to the Board of Adjustment, Plan Commission
or City Council, as appropriate depending on the type of application.
(Ordinance 6773 adopted 5/19/15)
