The standards governing City Council are contained within the
City Charter. The Council has the power to hear and act on requests
to amend the Zoning Map, the Comprehensive Plan, or the UDC, and requests
for Specific Use Permit, and other development applications listed
in
Table 1.2-1: Summary of Approval
Authorities, Public Notice.
(Ordinance 475 adopted 6/28/22)
A. Composition. The Planning and Zoning Commission consists of seven
(7) members, and two (2) alternate members, who are residents of the
City of Bee Cave or its extraterritorial jurisdiction (ETJ).
1.
Qualifications. Each member of the body shall meet the following
requirements:
(i)
Reside inside this City's corporate limits or extraterritorial
jurisdiction, except at least one member shall reside in the City's
extraterritorial jurisdiction.
(ii)
Comply with all laws applicable to a member of a deliberative,
advisory board.
B. Appointment and term. Members of the planning and zoning commission
shall be appointed by the City Council for a two (2) year term. Nomination
of each member and that member's respective term will proceed as follows:
1.
The City Council and Mayor shall each nominate one (1) member,
to the Commission. One member, and both alternate members, shall be
nominated by consensus of the City Council. Each person so nominated
must be approved by a simple majority vote of the City Council before
becoming a member of the commission.
2.
Commissioners shall be appointed to a specific numerical designation
(such as Planning and Zoning Commissioner Number 1). The Commissioner
appointed to Number 6 shall be the appointee of the Mayor. The Commissioner
appointed to Number 7 shall be the appointee nominated by a simple
majority vote of the City Council.
3.
Each member appointed to the Commission shall serve for a two-year
term to run concurrently with the term of the City Council member
or Mayor who appointed the Commissioner, unless the term is reduced
through removal from the Commission by a majority vote of the City
Council or through resignation. The term of the Commissioner appointed
to Number 7 shall run concurrently with the term of the Mayor. Each
term shall expire on June 1, of any given year.
4.
Any vacancy(s) on the Commission shall be filled immediately
for the unexpired term(s) by nomination of the Councilmember who nominated
the vacating Commissioner and confirmed by a simple majority vote
of the City Council. If the vacancy is the consensus member of the
Commission, the position shall be filled by a nomination process determined
by the City Council and approval shall be by simple majority vote
of the Council. In the event that one or more vacancies exist on the
City Council at the same time that vacancies exists on the Commission
and such vacant City Council position(s) correspond to the Commission
positions that would otherwise be nominated by the vacant Council
position, then such vacant Commission position(s) shall be considered
a consensus appointment of the City Council.
5.
In appointing members to the Commission, the City Council may
consider a person's past civic involvement; a person's interest in
planning and zoning; a person's experience and occupational background;
and a person's willingness and ability to prepare for and attend meetings.
In particular, a person's willingness to represent the interests of
the City on a City-wide basis is of utmost importance to successful
service on the Commission and applicants should not actively represent
the interests of a single neighborhood, association, or advocate for
personal agendas while serving on the Planning and Zoning Commission.
6.
No one business or professional interest shall constitute a
majority membership of the Commission.
C. Removal.
1.
Members of the Commission may be removed from office at any
time and for any reason by a majority vote of the City Council either
upon motion by a member of the Council or upon recommendation of the
Commission. Failure to attend three (3) consecutive scheduled meetings
or six (6) or more meetings within any twenty-four (24) month period,
unless otherwise excused by majority vote of the Council, shall be
deemed as neglect and cause for removal from office.
2.
If the Council removes a Commissioner, the City Secretary will
inform the Commissioner in writing of the Council's decision. The
Council will appoint a Commissioner to fill the vacated seat according
to the process in subsection
1.2.2.B.4.
D. Quorum and voting.
1.
A quorum consists of a majority of the Commission, and any issue
requiring a vote must be resolved by a majority of those members present.
2.
All Commission members are entitled to one vote each on any
motion, a quorum being present. The Commission follows the parliamentary
procedures adopted by Council.
3.
Meetings of the Commission are conducted according to Texas
Government Code, Chapter 551.
E. Powers and duties.
1.
The Commission serves as an advisory body adjunct to the City
Council and the Planning Director and will make recommendations regarding
the items list [listed] in subsection
1.2.2.E.2.
2.
The Commission will hear and act on requested amendments to
the Zoning Map, the Comprehensive Plan, and to the UDC, and Specific
Use Permits, and other development applications listed in
Table 1.2-1: Summary of Approval Authorities,
Public Notice.
3.
The Commission will hear and decide on all applications for
plats, other than those which may be approved administratively by
the Planning Director or those which can only be approved by City
Council (see Section 2.3, Platting Requirements).
4.
The Commission will conduct an annual review of the City's Comprehensive
Plan and shall make recommendations to the City Council as deemed
necessary to keep the City's Comprehensive Plan current with changing
conditions and trends and with the planning needs of the City.
5.
The Commission may serve in an advisory capacity on any planning
related item(s) in the City.
6.
The City Council will appoint a chairperson and a vice-chairperson
from among the Commission membership. Each officer will hold office
for one (1) year or until replaced by a simple majority vote of the
full City Council.
7.
The City Manager's designee will serve as secretary to the Commission
and keep minutes of all meetings held by the Commission, and record
all recommendations made by the Commission to the City Council.
8.
The Commission will have the power to make rules, regulations,
and bylaws for its own governance, which will conform to those adopted
by City Council. Any rules and bylaws the Commission adopts are subject
to approval by the City Council. Such rules and bylaws include, among
other related items, provisions for:
(i)
Regular and special meetings, open to the public;
(ii)
A record of its proceedings, to be open for inspection by the
public; and
(iii) Provides reports to the City Council as requested.
9.
Members of the Commission must regularly attend meetings and
public hearings of the Commission and serve without compensation.
Commissioners may not hold any other elected or appointed office within,
or serve as an employee or official representative of, the City, or
receive income from a Property Owners' Association while serving on
the Commission.
10.
The Commission meets at a time established by the City Council
and at such frequency to ensure the efficient conduct of necessary
City business, as determined by City Council.
11.
Commissioners will attend Open Meeting training.
(Ordinance 475 adopted 6/28/22)
The standards governing the City Manager are contained within
Section [Chapter] 4 of the City Charter. The City Manager has the
powers and duties that are expressly identified in the UDC or as authorized
by the City Charter. Unless otherwise prohibited, any duties given
to the City Manager or staff member within this UDC imply that the
City Manager has the authority to delegate those duties to another
member of City staff.
(Ordinance 475 adopted 6/28/22)
A. Composition. The Zoning Board of Adjustment consists of five (5)
members and two (2) alternate members who are residents of the City
of Bee Cave.
B. Appointments and terms.
1.
Any City Council member or the Mayor may nominate members to
the Board. Each nominee must be approved by a simple majority vote
of the City Council before becoming a member of the Board.
3.
The Board will elect a Chairperson and Vice-Chairperson from
among its membership, with each officer holding office for one (1)
year or until replaced by simple majority vote.
4.
The City Manager's designee will serve as secretary to the Board
with responsibility for filing orders issued by the Board and keeping
the minutes and records of all meetings held by the Board.
5.
Alternate members of the Board.
(i)
The City Council may appoint alternate members by simple majority
vote. An alternate member may serve in the absence of one or more
regular members when requested to do so by the City Secretary.
(ii)
An alternate member serves for the same term as a regular member
and is subject to removal in the same manner as a regular member.
(iii) The Council will fill a vacancy among the alternate
members in the same way as a vacancy among the regular members.
6.
Each member of the Board is required to attend, in person or
online, yearly approved education training regarding conduct of the
Board, Open Meetings, powers and duties, and other topics that may
be relevant to carrying out the duties of the Board under this Section
and TLGC Chapter 211.
C. Removal. City Council may remove a member for cause found on a written
charge after a public hearing. Vacancies should be filled by approval
of the City Council for the unexpired term.
D. Conduct of meetings.
1.
The Board holds meetings at the call of the Chairperson.
2.
Any combination of four (4) regular and alternate members of
the Board constitutes a quorum and the concurring vote of a quorum
of members is necessary to:
(i)
Reverse an order, requirement, decision or determination of
an administrative official;
(ii)
Decide in favor of an applicant on a matter that the board is
required to consider under the UDC;
3.
The Chairperson or acting Chairperson may administer oaths and
compel the attendance of witnesses. All meetings of the Board are
open to the public.
4.
Board meetings are conducted according to Texas Government Code
Ch. 551.
5.
The Board will keep a record of minutes that provide a record
of the evidence presented, deliberations of the Board, and the vote
of each member on each question or the fact that a member is absent
or fails to vote. The Board shall keep records of its examinations
and other official actions. The minutes and records shall be filed
immediately by the secretary and become public record upon filing.
6.
The Board by majority vote shall adopt rules in accordance with
TLGC Chapter 211.008(e) as amended and with the approval of the City
Council.
E. Powers and duties.
1.
The Board has the powers and duties that are expressly identified
in Section
3.6, Zoning Relief Procedures,
including hearing and acting on applications for variances, special
exceptions, appeal of an administrative decision and other development
applications listed in
Table 1.2-1: Summary of Approval Authorities, Public Notice.
2.
All procedures and powers not specified in this section shall
conform to procedures and powers given in TLGC Chapter 211.008—011,
as amended.
(Ordinance 475 adopted 6/28/22)
Table 1.2-1: Summary of Approval Authorities, Public Notice provides a summary of the review and approval procedures discussed in the UDC. See Section
1.4.3 for procedures related to required public notices.
Table 1.2-1: Summary of Approval Authorities, Public
Notice, and Appeals
|
---|
Application Type
|
City Council
|
Planning and Zoning Commission
|
Zoning Board of Adjustment
|
Staff (Responsible Official)
|
Public Notice
|
Section Reference
|
---|
R= Review/Recommending body | DM=
Decision-Making Body (final decision to approve or deny) | <
>= Public Hearing Notice: N= Newspaper; M= Mail; [#]= Refer to notes section
|
---|
ZONING
|
Zoning Map or Text Amendment
|
<DM>
|
<R>
|
—
|
R
|
N, M
|
3.1.8
|
UDC Text Amendments
|
<DM>
|
<R>
|
—
|
R
|
N
|
1.1.18
|
Comprehensive Plan Amendment
|
<DM>
|
<R>
|
—
|
R
|
N
|
1.1.19
|
Interpretation of Zoning District Boundaries
|
—
|
—
|
DM
|
R
|
—
|
3.1.7
|
Reestablishment of Nonconforming Uses
|
—
|
—
|
DM
|
R
|
—
|
3.4.11
|
Amortization of a Nonconforming Use
|
—
|
—
|
DM
|
R
|
—
|
3.4.12
|
Alternative Compliance
|
—
|
—
|
—
|
DM
|
—
|
3.5.3
|
Site Plan
|
—
|
—
|
—
|
DM
|
—
|
3.5.4
|
Planned Development
|
<DM>
|
<R>
|
—
|
R
|
N, M
|
|
Specific Use Permit
|
<DM>
|
<R>
|
—
|
R
|
N, M
|
|
Zoning Variance
|
|
|
<DM>
|
R
|
N, M
|
3.6.2
|
Special Exception
|
—
|
—
|
<DM>
|
R
|
N, M
|
3.6.3
|
Appeal of Admin Decision
|
—
|
—
|
DM
|
R
|
—
|
3.6.4
|
Classification of a Similar Use
|
|
|
|
DM
|
|
3.3.2
|
Classification of a New or Unlisted Use
|
|
|
|
DM
|
|
3.3.3
|
SUBDIVISION
|
Petition for Improvement Agreement
|
DM
|
—
|
—
|
R
|
—
|
|
Certificate of Completeness
|
—
|
—
|
—
|
DM
|
—
|
2.2.1
|
Waiver of Right to 30-Day Action
|
—
|
—
|
—
|
DM
|
—
|
|
Preliminary Plat
|
—
|
DM
|
—
|
R
|
—
|
2.3.4
|
Preliminary Plat Extension
|
—
|
—
|
—
|
DM
|
—
|
2.3.4.K
|
Final Plat
|
—
|
DM
|
—
|
R
|
—
|
2.3.5
|
Short Form Final Plat
|
—
|
DM
|
—
|
R
|
—
|
2.3.6
|
Minor Plat
|
—
|
—
|
—
|
DM
|
—
|
2.3.7
|
Replat
|
—
|
DM
|
—
|
R
|
—
|
2.3.8
|
Amending Plat
|
—
|
—
|
—
|
DM
|
—
|
2.3.9
|
Development Plat
|
DM
|
R
|
—
|
R
|
—
|
2.3.10
|
Plat Vacation
|
<DM>
|
<R>
|
—
|
R
|
N, M
|
2.3.11
|
Approval of Public Facilities and Construction Plans
|
—
|
—
|
—
|
DM
|
—
|
2.4.1
|
Acceptance of Public Facilities
|
—
|
—
|
—
|
DM
|
—
|
2.4.5
|
Traffic Impact Analysis
|
—
|
—
|
—
|
DM
|
—
|
2.5.11
|
Waiver of Subdivision Regulations
|
<DM>
|
<R>
|
—
|
R
|
M
|
2.6.1
|
Subdivision Proportionality Appeal
|
DM
|
R
|
—
|
R
|
—
|
|
Subdivision Vested Rights Petition
|
—
|
DM if Deferred
|
—
|
DM/Defer
|
—
|
1.5.1
|
Subdivision Vested Rights Appeal
|
DM
|
—
|
—
|
—
|
—
|
1.5.1
|
Reinstatement of Expired Permit Appeal
|
DM
|
—
|
—
|
R
|
—
|
1.5.2
|
OTHER
|
Variance to the Floodplain Development Standards
|
DM
|
R
|
—
|
R
|
—
|
8.2.4
|
Issuance of a Stop Work Order
|
—
|
—
|
—
|
DM
|
—
|
1.1.14.D
|
Certificate of Occupancy
|
—
|
—
|
—
|
DM
|
—
|
3.5.2
|
Building Permit
|
—
|
—
|
—
|
DM
|
—
|
N/A
|
Sign Permit
|
—
|
—
|
—
|
DM
|
—
|
|
Tree Removal Permit
|
—
|
—
|
—
|
DM
|
—
|
6.1.6
|
Wireless Communications Facility
|
DM if SUP
|
R if SUP
|
|
DM
|
|
6.6.4
|
Special Lighting Permit
|
—
|
DM
|
—
|
R
|
—
|
|
Variance from NPS Requirements
|
DM
|
R
|
|
R
|
|
7.3.3.I
|
(Ordinance 475 adopted 6/28/22; Ordinance
522 adopted 11/14/2023)
Table 1.2-2: Amendment and Appeal Powers
|
---|
Administrative Decision (including authorized amendments)
|
Planning Director
|
City Engineer
|
Minor Amendments to Preliminary Plat
|
Vested Rights Petition (for platting application)
|
Amendments to Letter of Certification
|
Vested Rights Petition (for construction plans)
|
Extension of Preliminary Plat up to one year
|
Amendments to Approved Phasing Plan
|
Amendments to Improvement Agreement
|
Extension of Construction Plan Approval
|
Minor Amendments to Approved Applications
|
Classification of Uses Under Existing Use Chart
|
Amendments to Construction Plans
|
Amendments to Street Technical Standards
|
Authorizing Refund of Application Fee
|
Extension of Sign Permit Validity
|
Amendments to Drainage Facility or Environmental Technical Manual
Standards
|
Waiving Requirement to Extend Utilities to P/L
|
Board, Commission, or Council Appeal and Amendments
|
Zoning Board of Adjustment
|
Planning and Zoning Commission
|
City Council
|
Decide Appeal of Decision of Admin Permit
|
Decide Appeal of Planning Director Decision on Preliminary Plat
Extension
|
Decide Appeal of Improvement Agreement
|
Decide Appeal of PZ Decision on Preliminary Plat Extension
|
Decide Appeal of Planning Director Classification of Use
|
Decide Appeal of Admin Decision on Subdivision Vested Rights
Petition
|
Decide Appeal of PZ Decision on Subdivision Vested Rights Petition
|
Decide Subdivision Proportionality Appeal
|
Zoning Code Variance
|
Sign Code Variance
|
Decide Appeal of Sign Permit Denial
|
Subdivision Waiver
|
(Ordinance 475 adopted 6/28/22)