City of Bee Cave, TX Section 1.2 Development Review Bodies

§ 1.2.1 City Council.

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)

§ 1.2.2 Planning and Zoning Commission.

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)

§ 1.2.3 City Manager.

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)

§ 1.2.4 Zoning Board of Adjustment.

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.

2. A term is two (2) years.

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;

(iii) Authorize a variance.

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)

§ 1.2.5 Summary of approval authorities and public notice.

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	3.5.1 [3.5.5]
Specific Use Permit	<DM>	<R>	—	R	N, M	3.5.5 [3.5.6]
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	—	2.1.4.C
Certificate of Completeness	—	—	—	DM	—	2.2.1
Waiver of Right to 30-Day Action	—	—	—	DM	—	2.2.1.D
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	—	2.6.1 [2.6.2]
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	—	4.1 [4.3]
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	—	6.2.6.A [6.2.7]
Variance from NPS Requirements	DM	R		R		7.3.3.I

(Ordinance 475 adopted 6/28/22; Ordinance 522 adopted 11/14/2023)

§ 1.2.6 Summary of amendment and appeal powers.

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)