A.
Purpose and Applicability.
1.
Purpose. The purpose of the Alternative
Compliance process is to allow for different standards that are in
agreement with the City’s Comprehensive Plan and will produce
a substantially equivalent effect or enhanced level of results as
intended by the original development standards.
2.
Applicability.
a.
A request for Alternative Compliance
from certain provisions, as specifically cited within this UDC, may
be submitted for review and approval along with the Site Plan for
a project, or along with the project’s initial development Application
(as applicable for the project).
b.
All Alternative Compliance requests
shall be clearly delineated graphically or in narrative format, as
appropriate, on the Site Plan (or on the project’s initial development
Application), including a reference to the specific section within
this UDC that allows consideration of such alternative standard(s).
c.
The applicable zoning district standards
for a project shall not be reduced or varied using the Alternative
Compliance process unless such standard(s) is specifically cited as
qualifying for Alternative Compliance consideration in its respective
section of this UDC.
B.
Alternative Compliance Evaluation
Criteria. The proposed standard(s) shall meet all of the following
criteria:
1.
Be in agreement with and promote
the recommendations and policies within the Comprehensive Plan;
2.
Does not reduce a standard unless
it is, to the greatest extent practical, equally mitigated or improved
by increasing standards of other requirements; and
3.
Does not modify the land uses allowed
in the zoning district in which the subject property is located.
C.
Alternative Compliance Allowed.
1.
The City is not obligated to grant
Alternative Compliance for any Application.
2.
Alternative Compliance shall be granted
only as indicated for each regulation.
3.
Alternative Compliance shall be considered
for approval as indicated in Table 31. Alternative Compliance Decision-Makers:
|
Table 31. Alternative Compliance
Decision-Makers
| ||||
|---|---|---|---|---|
|
Section
|
Regulation
|
Director of Planning
|
Planning and Zoning Commission
|
City Council
|
|
2.07.03.
|
Modified Area Regulations and Standards
|
Recommend
|
Decide
|
Appeal
|
|
2.08.07
|
Building to Lot Width in the Build-to
|
Recommend
|
Decide
|
Appeal
|
|
2.09.01.
|
Landscaping
|
Recommend
|
Decide
|
Appeal
|
|
2.09.02.
|
Fencing and Screening
|
Recommend
|
Decide
|
Appeal
|
|
2.09.03.
|
Off-Street Parking
|
Recommend
|
Decide
|
Appeal
|
|
2.09.05.
|
Building Materials
|
Recommend
|
Decide
|
Appeal
|
|
2.09.11.
|
Nonresidential Design
|
Recommend
|
Decide
|
Appeal
|
|
2.10.11.
|
Development in the Rural Heritage
Overlay (O-R) District
|
Recommend
|
Decide
|
Appeal
|
(Ordinance
2017-13 adopted 10/2/2017; Ordinance 2022-24 adopted 9/20/2022)
A.
Types of Appeals. The following are
the types of Zoning Regulation Appeals contained within this UDC.
1.
Appeal of a City Administrative or
Interpretative Decision.
a.
Any person, department, board, or
bureau of the City affected by any administrative officer acting pursuant
to the UDC’s Zoning Regulations shall appeal to the Board of
Adjustment.
b.
In exercising the Board of Adjustment’s
authority herein, the Board of Adjustment may reverse or affirm, in
whole or in part, or modify the City administrative official’s
order, requirement, decision, or determination from which an appeal
is taken and make the correct order, requirement, decision, or determination,
and for that purpose the Board of Adjustment has the same authority
as the City’s administrative official.
c.
Public hearings shall be held in
accordance with 2.10.04. Public Hearings and Notification Requirements.
2.
Appeal to the City Council of a Zoning
Vested Rights Petition Decision (see 2.11.05. F.4).
3.
Appeal to District Court of a decision
of the City Council or Board of Adjustment. Any person, department,
board, or bureau of the City affected by a decision of the City Council
or Board of Adjustment may appeal to District Court.
B.
Appeals Procedure to the City Council
or Board of Adjustment.
1.
Timing and Fee. Appeal to the City
Council or Board of Adjustment shall be taken within ten (10) calendar
days from the date of the decision by filing with the Responsible
Official from whom the appeal is taken and with the City Secretary
a notice of appeal specifying the grounds thereof, and by paying a
filing fee at the office of the City Secretary at the time the notice
is filed.
2.
Transmission of Record. The Responsible
Official from whom the appeal is taken shall forthwith transmit to
the Board of Adjustment all the papers constituting the record upon
which the action appealed from was taken.
3.
Stays of Proceedings. An appeal stays
all proceedings in furtherance of the action appealed from, unless
the Responsible Official certifies to the City Council or Board of
Adjustment, that by reason of facts stated in the certificate a stay
would, in the Responsible Official’s opinion, cause imminent
peril to life or property.
C.
Appeals Procedure to District Court.
1.
Timing. An appeal from any action,
decision, ruling, judgment, or order of the City Council or Board
of Adjustment may be taken by any person or persons, jointly or severally,
or any taxpayer; or any officer, department, board, or bureau of the
City to the district or county court by filing notice of appeal with
the City Secretary and with the Board of Adjustment within ten (10)
calendar days from the filing of the decision of the board, which
notice shall specify the grounds of such appeal.
2.
Transmission of Record. Upon filing
of the notice of appeal as herein provided, the court may grant a
writ of certiorari directed to the board in this event, the City Council
or Board of Adjustment shall transmit to the court clerk and the petitioner
the original or certified copy of the papers constituting the record
in the case, together with the order, decision, or ruling.
3.
Stays of Proceedings. An appeal to
the district court from the City Council or Board of Adjustment stays
all proceedings in furtherance of the action appealed from, unless
the mayor or chairman of the Board of Adjustment, from which the appeal
is taken certifies to the court clerk, after the notice of appeal
shall have been filed, that by reasons of fact stated in the certificate,
a stay would, in her/his opinion, cause imminent peril to life or
property.
D.
Fees. All fees for all types of Applications,
forms, plans, notifications, appeals, and petitions required under
this UDC shall be established by the City Council within the Fee Schedule.
(Ordinance
2017-13 adopted 10/2/2017)
A.
Purpose.
1.
The Board of Adjustment is authorized
in specific cases to grant a Zoning Variance from the Zoning Regulation
terms, standards, and criteria that pertains to an allowed use within
a zoning district.
2.
A Zoning Variance is authorized by
this UDC when such cases are shown not to be contrary to the public
interest if, owing to special conditions, a literal enforcement of
the provisions of the ordinance will result in an undue hardship and
so that the spirit of the ordinance shall be observed and substantial
justice done; provided, however, the Board of Adjustment shall have
no power to authorize a Zoning Variance provided in E below.
C.
Granting Authority.
1.
Undue Hardship Shall Exist. The Board
of Adjustment may authorize a Zoning Variance from these Zoning Regulations
when, due to special conditions, an undue hardship will result from
requiring compliance.
2.
Harmony with the UDC’s General
Purpose and Intent Shall Exist. A Zoning Variance may be granted only
when the Zoning Variance is not contrary to the public interest and
is in harmony with the general purpose and intent of this UDC so that
the public health, safety, and welfare may be secured and that substantial
justice may be done.
3.
Zoning Variance Processing and Review.
The Director of Planning shall process and review a Zoning Variance.
4.
Board of Adjustment Conditions of
Approval. In granting a Zoning Variance, the Board of Adjustment shall
prescribe only conditions that it deems necessary for, or desirable
to, the public interest.
5.
Board of Adjustment Considerations.
In making the findings within D below, the Board of Adjustment shall
take into account:
a.
The nature of the proposed use of
the land involved,
b.
Existing uses of land in the vicinity,
c.
The number of persons who will reside
or work within the proposed use, and
d.
The probable effect such Zoning Variance
will have upon traffic conditions and upon the public health, safety,
convenience and welfare of the community.
e.
Such findings of the Board of Adjustment,
together with the specific facts upon which such findings are based,
shall be incorporated into the official minutes of the Board of Adjustment
meeting at which such Zoning Variance is granted.
D.
Criteria for Zoning Variance Approval.
No Zoning Variance shall be granted without first having given public
notice and having held a public hearing on the Zoning Variance request
in accordance with 2.10.04. Public Hearings and Notification Requirements
and unless the Board of Adjustment finds all the following criteria
are met.
1.
Unique Circumstances. That there
are special circumstances or conditions affecting the land involved
such that the application of the UDC’s provisions would deprive
the Applicant of the reasonable use of his/her land.
2.
Minimum Necessary Relief Required
to Alleviate the Undue Hardship. The Zoning Variance, if granted,
would be the minimum necessary relief required to alleviate the undue
hardship.
3.
Preservation of Property Rights.
That the Zoning Variance is necessary for the preservation and enjoyment
of a substantial property right of the Applicant.
4.
No Substantial Detriment to the Public
Good. That the granting of the Zoning Variance will not be detrimental
to the public health, safety or welfare, impair the purposes and intent
of this UDC and the Comprehensive Plan or be injurious to other property
within the area.
5.
Orderly Use of Land. That the granting
of the Zoning Variance will not have the effect of preventing the
orderly use of other land within the area in accordance with the provisions
of this UDC.
6.
Finding of Undue Hardship. In order
to grant a Zoning Variance, the Board of Adjustment must make findings
that an undue hardship exists, using the following criteria:
a.
That literal enforcement of the controls
will create an undue hardship or practical difficulty in the development
of the affected property; and
b.
That the situation causing the hardship
or difficulty is neither self-imposed nor generally affecting all
or most properties in the same zoning district; and
c.
That the relief sought will not injure
the permitted use of adjacent conforming property; and
d.
That the granting of a Zoning Variance
will be in harmony with the spirit and purpose of these regulations.
e.
Financial hardship alone is not an
"undue hardship" if the property can be used, meeting the requirements
of the zoning district in which the property is located.
E.
Limitations on the Authority of Board
of Adjustment to Grant Zoning Variances.
1.
Land Use Zoning Variance. The Board
of Adjustment may not grant a Zoning Variance authorizing a land use
other than those permitted in the district for which the Zoning Variance
is sought, except as specifically provided for in this UDC.
2.
Specific Use Permit Provision. The
Board of Adjustment shall have no power to grant or modify provisions
of a SUP authorized under 2.10.09. Specific Use Permit (SUP) Regulations
and Procedures.
3.
Zoning Amendments.
a.
The Board of Adjustment shall have
no power to grant Zoning Text and Map Amendments.
b.
In the event that a request for a
Zoning Text Amendment or Zoning Map Amendment (Rezoning) is pending
before the Planning and Zoning Commission or the City Council, the
Board shall neither here nor grant any Zoning Variance with respect
to the subject property until final disposition of the Zoning Text
Amendment or Zoning Map Amendment (Rezoning) by the Planning and Zoning
Commission and the City Council.
4.
Pending Action.
a.
The Board of Adjustment shall not
grant a Zoning Variance for any parcel of property or portion thereof
upon which a required Site Plan or any Plat is pending on the agenda
of the Planning and Zoning Commission or the City Council.
b.
All administrative and procedural
remedies available to the Applicant shall have been exhausted prior
to hearing by the Board of Adjustment.
F.
Concurring Vote of 75 Percent Required.
Pursuant to Texas Local Government Code 211.009.(c), the concurring
vote of seventy-five (75) percent of the members of the Board of Adjustment
is necessary to grant a Zoning Variance.
(Ordinance
2017-13 adopted 10/2/2017)
A.
Purpose. The Board of Adjustment
is authorized to hear and decide a Zoning Special Exception to the
Zoning Regulations which are not permitted by right in a particular
district because of potential adverse effect, but which if controlled
in the particular instance as to its relationship to the neighborhood
and to the general welfare, may be permitted by the Board of Adjustment,
where specifically authorized by D below, and in accordance with the
substantive and procedural standards of the UDC.
B.
Zoning Special Exception Defined.
A Zoning Special Exception is an allowed variation from the Zoning
Regulations, but is differentiated from a Zoning Variance as the term
is used in this UDC by the following:
D.
Zoning Special Exception Authorized.
When, in the Board of Adjustment’s judgment, the public convenience
and welfare will be substantially served and the appropriate use of
the neighboring property will not be substantially injured, the Board
of Adjustment may, in specific cases, after public notice and public
hearing (see 2.10.04. Public Hearings and Notification Requirements)
and subject to appropriate conditions and safeguards, authorize the
following Zoning Special Exceptions to the regulations herein established:
E.
The Board may Impose Conditions.
In granting Zoning Special Exceptions, the Board may impose such conditions
as are necessary to protect adjacent property owners and to ensure
the public health, safety and general welfare, including but not limited
to conditions specifying the period during which the nonconforming
use may continue to operate or exist before being brought into conformance
with the provisions of this UDC.
(Ordinance
2017-13 adopted 10/2/2017)
A.
Purpose. In accordance with the Texas Local Government Code, Chapter 245 or successor
statute, the purpose of a Zoning Vested Rights Petition is to determine
whether one or more standards of this UDC should not be applied to
a plan or Application, or whether certain permits are subject to expiration.
B.
Applicability of a Zoning Vested
Rights Petition.
1.
Any Application. A Zoning Vested
Rights Petition may be filed for an Application, permit, or plan required
under Section 2. Zoning Regulations.
2.
Prohibited Joint Submission. A Zoning
Vested Rights Petition cannot be submitted by an Applicant along with
submission of a request for a Zoning Vested Rights Petition to this
UDC, a Zoning Map Amendment (Rezoning), or any other request for a
legislative decision by the City Council.
3.
Land and Use upon Annexation. Vested
rights in land use upon annexation shall be governed by Texas Local
Government Code, Section 43.002, as amended.
C.
D.
Petition Requirements. The Zoning
Vested Rights Petition shall allege that the petitioner has a vested
right that requires the City to review and decide the Application
under standards in effect prior to the effective date of the currently
applicable standards. The petition shall include, at a minimum, the
following information and documents:
1.
Basic Owner Information. The name,
mailing address, phone number and fax number of the property owner
(or the property owner’s duly authorized agent).
2.
Identification of Property and "Project".
a.
Identification of the property for
which the property owner claims a vested right.
b.
Identification of the "project,"
as that term is defined in Chapter 245 at 245.001.(3).
c.
A chronology of the history of the
"project," with special emphasis on facts establishing that the project
was in progress on or commenced after September 1, 1997, as required
by Chapter 245 at 245.003;
3.
Narrative Description for Purpose
of Petition. A narrative description of the grounds for the petition,
including a statement as to whether the petition asserts a vested
right related to a specific regulation or to an entire project.
4.
Identification of Regulations.
a.
Identification of all City regulations
in effect at the time the original Application for the permit was
filed that (a) the owner contends are vested and (b) the owner contends
controls the approval, disapproval, or conditional approval of an
Approval for a permit, pursuant to Chapter 245 at 245.002(a) and (b).
b.
Identification of all City regulations,
with particularity and in detail, that the property owner contends
do not apply to the project due to the vested rights provided the
property owner by Chapter 245.
i.
Global references to a particular
ordinance, or set of criteria, may be deemed insufficient and the
City may consider the request for a vested rights determination to
be incomplete and, hence, not subject to a staff determination at
that time.
c.
Identification of any current City
regulations which petitioner agrees can be applied to the Application
at issue.
5.
Copies of Applications. A copy of
each approved or pending Application which is the basis for the contention
that the City may not apply current standards to the Application which
is the subject of the petition.
6.
Submittal Date of First Application.
The submittal date of the first Application that began the vesting
process (i.e., first permit in the series of permits required for
the project), as identified in 2.10.01. Applicability, Completeness,
and Expiration.
7.
Submittal Date of Subsequent Application.
If applicable, the submittal dates of subsequent Applications for
the permits for the project.
8.
Narrative Description of How Current
Regulations Affect Proposed Use. A narrative description of how the
Application of current regulations affect proposed use of the land,
landscaping or tree preservation, or park dedication, lot size, lot
dimensions, coverage or building size shown on the Application for
which the petition is filed.
9.
Copies of Prior Vested Rights Determinations.
A copy of any prior vested rights determination involving the same
land.
10.
Benchmarking Project Progress for
Expiring Permits or Applications. Whenever the petitioner alleges
that a permit or Application subject to expiration should not be terminated,
a description of the events constituting progress toward completion
of the project for which the permit subject to expiration was approved.
E.
Validity and Expiration of Different
"Permits" for Vesting Purposes.
1.
Required Plan Validity and Expiration.
a.
Required Plan. A Site Plan, Specific
Use Permit’s Site Plan, or Planned Development (PD)’s
Site Plan, shall be considered a "permit" as described by State law
in Chapter 245.005, as amended, of the Texas
Local Government Code (TLGC) and herein be referred to as "Required
Plan."
b.
Appropriate Approval Required for
a "Permit". A Required Plan shall not be considered a "permit" unless
it has been approved by the appropriate entity before the effective
date of these regulations, or an Application for a Required Plan is
complete as of the effective date of these regulations.
c.
Required Plan Expiration. Any approved
Required Plan shall be deemed expired two (2) years from the date
on which the Required Plan was originally approved by the appropriate
entity if no progress (see d below) has been made toward completion
of the project.
d.
Progress Benchmarks. The term "progress"
shall be as defined based on TLGC Chapter 245.005 as follows:
i.
Plans for construction and an Application
for a building permit for at least one of the buildings on the approved
Required Plan are submitted within two (2) years following approval
of the Required Plan;
ii.
A good-faith attempt
is made to file with the City an Application for a permit necessary
to begin or continue towards completion of the project;
iii.
Costs have been incurred
for developing the project including, without limitation, costs associated
with roadway, utility, and other infrastructure facilities designed
to serve, in whole or in part, the project (but exclusive of land
acquisition) in the aggregate amount of five percent (5%) of the most
recent appraised market value of the real property on which the project
is located;
iv.
Fiscal security is posted
with the City to ensure performance of an obligation required by the
City; or
v.
Utility connection fees for the project
have been paid to the City.
e.
Required Plan Expiration. If one
of the items listed in d.i through d.v above is not accomplished within
the two (2) year period, the approved Required Plan shall expire upon
the second (2nd) anniversary of its approval by the appropriate entity,
and shall become null and void.
f.
Required Plan Extension and Reinstatement
Petition.
i.
Prior to the expiration of a Required
Plan, the Applicant may petition the City (in writing) to extend the
Required Plan approval.
ii.
The Director of Planning
shall be the Responsible Official for processing and review of the
Application.
iii.
Such petition shall
be recommended for approval or denial by the Planning and Zoning Commission,
and shall be granted approval or denied by the City Council.
iv.
If no petition is submitted,
then the Required Plan shall be deemed to have expired and shall become
null and void.
(a)
Any new request for
Required Plan approval thereafter shall be deemed a "new permit",
and shall be submitted with a new Application Form, with a new filing
fee, and with new plans and materials in accordance with the procedures
set forth in this Section.
(b)
The new request shall
also be reviewed for compliance with the ordinances and regulations
in effect at the time the new Application is made.
v.
In determining whether to grant a
request for extension, the Planning and Zoning Commission and City
Council shall take into account the following:
2.
Building Permit Site Plan Validity
and Expiration. A Site Plan required as part of a building permit
Application shall be considered a "permit" as described by State law in Chapter 245.005, as amended, of the Texas
Local Government Code (TLGC).
a.
Building Permit Site Plan Expiration.
Any approved Building Permit Site Plan shall be deemed expired two
(2) years from the date on which the Building Permit Site Plan was
approved if no progress has been made toward completion of the project.
b.
Progress Benchmarks. The term "progress"
shall be as defined based on TLGC Chapter 245.005 as follows:
i.
Plans for construction and an Application
for a building permit for at least one of the buildings on the approved
Building Permit Site Plan are submitted within two (2) years following
approval of the Building Permit Site Plan.
ii.
A good-faith attempt
is made to file with the City an Application for a permit necessary
to begin or continue towards completion of the project;
iii.
Costs have been incurred
for developing the project including, without limitation, costs associated
with roadway, utility, and other infrastructure facilities designed
to serve, in whole or in part, the project (but exclusive of land
acquisition) in the aggregate amount of five percent (5%) of the most
recent appraised market value of the real property on which the project
is located;
iv.
Fiscal security is posted
with the City to ensure performance of an obligation required by the
City; or
v.
Utility connection fees or impact
fees for the project have been paid to the City.
c.
Expiration. If one of the items listed
in b.i through b.v above is not accomplished within the two (2) year
period, then the approved Building Permit Site Plan shall expire and
shall become null and void.
d.
Building Permit Site Plan Extension
and Reinstatement Petition.
i.
Prior to the expiration of a Building
Permit Site Plan, the Applicant may petition the City (in writing)
to extend the Building Permit Site Plan approval.
ii.
The Director of Planning
shall be the Responsible Official for processing and review of the
Application.
iii.
Such petition shall
be recommended for approval or denial by the Planning and Zoning Commission,
and shall be granted approval or denial by the City Council.
iv.
If no petition is submitted,
then the Building Permit Site Plan shall be deemed to have expired
and shall become null and void.
(a)
Any new request for
Building Permit Site Plan approval shall be deemed a "new permit",
and shall be submitted with a new Application Form, with a new filing
fee, and with new plans and materials in accordance with the procedures
set forth in this Section.
(b)
The new request shall
also be reviewed for compliance with the ordinances and regulations
in effect at the time the new Application is made.
v.
In determining whether to grant a
request for extension, the Planning and Zoning Commission and City
Council shall take into account the following reasons for the lapse.
3.
Planned Development Master Plan -
Validity and Expiration. In conformance with TLGC Chapter
245, as amended, the Applicant shall retain the following
additional rights related to an approved Planned Development Master
Plan.
a.
Preliminary Plat Submittal within
Two (2) Years Required.
i.
An Application for a Preliminary
Plat shall be submitted for approval within two (2) years of the date
of approval of a Planned Development Master Plan, unless otherwise
provided in the PD adopting ordinance.
ii.
If a Preliminary Plat
consistent with the Planned Development Master Plan is not submitted
within such period, the Planned Development Master Plan shall expire.
b.
Expiration of an Approved Planned
Development Master Plan.
i.
Expiration of an approved Planned
Development Master Plan (based on a above) shall result in suspension
of the ability to submit a Preliminary Plat related to the original
Planned Development Master Plan.
ii.
A new Planned Development
Master Plan must be submitted before the development process can continue.
c.
Expiration of an Approved Preliminary
Plat.
i.
The expiration of an approved Preliminary
Plat shall be governed by the provisions of Section 3. Subdivision
Regulations and Development Standards and this UDC.
ii.
If a required Development
Application (e.g., Preliminary Plat, Final Plat, building permit)
is submitted within the two (2) year period, but such Development
Application subsequently expires, the associated Planned Development
Master Plan shall also expire.
4.
Ability to Retain the Rights to the
Planned Development (PD) Project. In conformance with TLGC
Chapter 245, as amended, the Applicant shall retain the
following rights related to a proposed Planned Development (PD) following
submittal and approved of a Planned Development Master Plan.
a.
Ability to Submit Applications for
Five (5) Years.
i.
The Applicant shall retain the ability
to submit a new Planned Development Master Plan for a period of five
(5) years following the original Planned Development Master Plan approval.
ii.
Such new Planned Development
Master Plan may only be for a substantially similar PD project.
iii.
However, any such new
Planned Development Master Plan shall adhere to any and all new standards
and regulations that the City has adopted in relation to a Planned
Development Master Plan or any other PD Application requirements.
b.
Expiration of Project in Five (5)
Years. Any PD project for which no Preliminary Plat has been submitted
for a period of five (5) years following the approval of the related
Planned Development Master Plan shall expire on the last day of that
five (5) year period.
c.
Planning and Zoning Commission Consideration.
i.
After such five (5) year period has
ended and the project expires, the Planning and Zoning Commission
shall consider whether the undeveloped land within the PD District
should be changed to another zoning classification in accordance with
the procedures for a zoning amendment pursuant to 2.10.03. Zoning
Text and Map Amendments.
ii.
The Commission thereafter
shall recommend to the City Council whether the right to submit a
Preliminary Plat or other Development Application for the same PD
project should be reinstated, or whether the property should be rezoned
to another classification.
d.
City Council Consideration.
i.
The Commission’s recommendation
(as outlined in c above) shall be considered by the City Council in
accordance with procedures for a zoning amendment pursuant to 2.10.03.
Zoning Text and Map Amendments.
ii.
The Council shall determine
whether the right to submit the Preliminary Plat or other Development
Application for the same PD project should be reinstated, or whether
the property should be rezoned to another classification.
iii.
In making such determination,
the Council shall consider the following factors:
(a)
Whether the Planned
Development (PD) remains consistent with the Comprehensive Plan;
(b)
Whether the uses authorized
in the Planned Development (PD) are compatible with existing and planned
land uses adjacent to the site;
(c)
Whether there are extenuating
circumstances justifying the failure to submit a Preliminary Plat
or other Development Application during the applicable time period;
and
(d)
Whether rezoning the
property to another classification constitutes confiscation of a vested
property right or deprives the owner of the economically viable use
of the land.
e.
Council Action. Upon the above subsections
occurring, the City Council may take the following actions:
i.
Reinstate the right to submit the
Preliminary Plat or other Development Application for the original
PD project within a certain time period, subject to any conditions
that may be appropriate to ensure that significant progress will be
made toward development of land within the PD district;
ii.
Modify the PD district
regulations applicable to the property; or
iii.
Repeal the PD district
for portions of the property and zone such property to another zoning
district classification.
F.
Decision of a Zoning Vested Rights
Petition.
1.
Review of a Zoning Vested Rights
Petition. The Responsible Official shall promptly forward the owner’s
vested rights request, along with any supporting information or documentation
provided along with the request, to the Director of Planning and City
Attorney for their respective reviews.
2.
Decision on a Zoning Vested Rights
Petition.
a.
The Director of Planning, after consultation
with the City Attorney, shall issue a final administrative determination
of whether a vested right exists in relation to the project, and shall
identify, with particularity, all claims for vested rights that have
been granted and all claims for vested rights that have been denied.
b.
The Director of Planning shall issue
a final administrative determination with thirty (30) business days
from the receipt of the Responsible Official.
3.
Vesting Pre-Determination Conference.
Prior to rendering the final determination, the Director of Planning
may request a pre-determination conference with the owner to discuss
the owner’s vested rights claim and to ensure that the nature
of the claim is fully and completely understood by the Director of
Planning prior to a final determination being rendered.
4.
Appeal to the Council of a Decision
on a Zoning Vested Rights Petition.
a.
If the property owner or the City
Council believes that the Director of Planning’s vested rights
determination is in error, the property owner or City Council shall
have the right to appeal within thirty (30) business days of such
determination to the City Council, which will have jurisdiction to
hear and decide the appeal pursuant to this UDC and Chapter
211 of the Texas Local Government Code.
b.
The property owner may also request
the Board of Adjustment to grant a Zoning Variance from the regulations
at issue under the same standards governing Zoning Variances for other
matters, as set forth in this UDC or Chapter 211 of the
Texas Local Government Code.
G.
Judicial Review.
1.
Should the property owner or any
aggrieved person be dissatisfied with the actions of the City Council,
they may avail themselves of all legal remedies to review the decision
as set forth in Section 211.011 of the Texas Local Government
Code.
H.
Binding Determination.
1.
The Director of Planning’s
final determination, if not appealed to the City Council within thirty
(30) business days, shall be immediately filed in the City’s
files related to the project and the determination shall be considered
binding upon the City and the property owner for the duration of the
project.
2.
Similarly, any decision by the City
Council regarding a vested right claim shall be filed in the City’s
files related to the project and the determination shall be considered
binding upon the City and the property owner for the duration of the
project.
3.
Notwithstanding the binding nature
of the Director of Planning’s final determination and any ruling
by the City Council, the City and the property owner may, at any time,
enter into a development agreement that, to the extent authorized
by law, modifies the final determination and the applicable development
regulations to be applied to the project.
I.
Action on Petition and Order.
1.
Action on the Petition. On a petition
or appeal, the Director of Planning or City Council may take any of
the following actions:
a.
Deny the relief requested in the
petition, and direct that the Application shall be reviewed and decided
under currently applicable standards;
b.
Grant the relief requested in the
petition, and direct that the Application be reviewed and decided
in accordance with the standards contained in identified prior regulations;
or
c.
Grant the relief requested in part,
and direct that certain identified current standards be applied to
the Application, while standards contained in identified prior regulations
also shall be applied.
(Ordinance
2017-13 adopted 10/2/2017)
