A.
Applicability. The following procedures apply to any plan or application
under this Section 3.5.
B.
Determination of completeness. No application may be accepted for processing or approved until the Responsible Official specified in this Section 3.5 or subsection 1.2.5 for each plan or permit type issues a Certificate of Completeness.
C.
The Responsible Official will not accept an application for processing
unless the application is accompanied by all documents required by
this UDC and prepared in accordance with applicable requirements of
this UDC and as may be reasonably required by the Responsible Official.
1.
The Responsible Official will issue a Certificate of Completeness
in accordance with the following procedures:
(i)
The Responsible Official will issue a Certificate of Completeness
no later than the tenth (10th) business day following the Official
Vesting Date, as applicable (see table above).
(ii)
The Responsible Official will notify the applicant that the
application is incomplete no later than the tenth (10th) business
day following the Official Vesting Date, as applicable.
(1)
The Responsible Official will provide notice by
the U.S. Postal Service or by electronic mail based on information
provided by the applicant on the application.
(2)
The notice will specify the documents or other
information needed to complete the application and provide the date
the application will expire if the requested documents or other information
are not provided to the City.
(3)
A typographical error does not constitute an incomplete
application.
(iii)
If the Responsible Official fails to serve notice,
the application is considered complete on the eleventh (11th) business
day following the Official Vesting Date.
(iv)
If the Responsible Official issues a Certificate of Completeness,
the City will process the application as required by this UDC and
State Law.
(v)
If an official of the City processes an application under this
Section 3.5 prior to the Responsible Official issuing a Certificate
of Completeness, the Responsible Official may declare the application
invalid or revoke any permit or approval issued thereunder. The Responsible
Official will notify the applicant in writing of such revocation.
2.
Issuance of a Certificate of Completeness certifies only that
the application is administratively complete and ready for review
and does not constitute a determination that the application complies
with this UDC.
3.
Issuance of a Certificate of Completeness does not imply or
indicate that the City will approve the application.
D.
Time restriction on resubmittal of incomplete application.
1.
In accordance with TLGC 245.002(e), an application under this
Article automatically expires at the close of business on the forty-fifth
(45th) calendar day after the Official Vesting Date if:
(i)
The applicant fails to provide documents or other information
necessary to comply with the City's requirements relating to the form
and content of the permit application; and
(ii)
The City provides to the applicant, not later than the tenth
(10th) business day after the Official Vesting Date, written notice
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
(iii)
The applicant fails to provide the specified
documents or other information necessary to ascertain compliance with
the City's requirements relating to the application within the time
provided in the notification.
(Ordinance 475 adopted 6/28/22)
A.
Required before initiation of use. No building erected, expanded, modified, or altered, or land may be used for any purpose other than those uses authorized by a valid Building Permit or as expressly authorized by the Building Official until the Building Official issues a Certificate of Occupancy authorizing the use consistent with the underlying zoning district and the Use Charts (see subsection 3.3.5), the adopted Building Code, Electrical Code, Fire Code, Plumbing Code, and all other provisions of this UDC.
B.
Required for change of use. If a building or land has been in use
under a valid Certificate of Occupancy, a new Certificate of Occupancy
is required in the following circumstances:
1.
The established use changes to another use authorized in the Use Charts (see subsection 3.3.5); or
2.
The person, business, organization, or other entity to whom
the Certificate of Occupancy was issued is succeeded by another entity
who will operate the same business or use; or
3.
The entity to whom the Certificate of Occupancy was issued changes
its name from the name listed on the Certificate of Occupancy.
C.
Vacant land. Application may be made to the Building Official or
designee for a Certificate of Occupancy for use of vacant land.
D.
Cessation of use. If the entity ceases to operate at the location
listed on the Certificate of Occupancy, it must surrender the Certificate
of Occupancy immediately to the Building Official.
(Ordinance 475 adopted 6/28/22)
A.
Purpose and applicability.
1.
The purpose of Alternative Compliance is to eliminate the need
for variances, ad hoc, or discretionary zoning standards by allowing
for different standards that conform to the intent of the UDC and
the Comprehensive Plan.
2.
A request for Alternative Compliance may be submitted for review
and approval with a Site Plan application.
3.
Alternative Compliance requests must be clearly delineated on
the Site Plan and described in a narrative format as part of the application
submittal. Alternative Compliance requests must include references
to specific sections within the UDC that allow for consideration of
Alternative Compliance (see Table 3.5-1).
|
Table 3.5-1: Standards Allowing Alternative Compliance
| |
|
Standard Allowing Alternative Compliance
|
Section Reference
|
|
Site Landscaping
|
5.1.1
|
4.
Alternative Compliance requests must not reduce or constitute
a variance from an applicable zoning district standard unless the
UDC identifies the standard as qualifying for Alternative Compliance.
B.
Alternative compliance evaluation criteria. The Planning Director
may approve an Alternative Compliance standard if it meets each of
the following:
1.
The proposed Alternative Compliance standard is in agreement
with and promotes the recommendations and policies of the Comprehensive
Plan;
2.
The proposed Alternative Compliance standard does not diminish
the intent of the original standard unless it is, to the greatest
extent practical, equally mitigated or improved by increasing standards
of other requirements; and
3.
The proposed Alternative Compliance standard does not modify
the land uses or increase the density allowed in the zoning district
in which the subject property is located.
(Ordinance 475 adopted 6/28/22)
A.
Purpose.
1.
The purpose of the Site Plan process is to coordinate and expedite
review of proposed improvements to property. Through Site Plan review,
the City and other jurisdictional agencies can effectively apply the
standards of this UDC and other applicable development standards to
Multi-Family, Mixed-Use, and Non-Residential development.
2.
This process is intended to promote the efficient use of land,
safe vehicular and pedestrian circulation, appropriate provision of
landscaping, open space, parking, screening, and lighting.
B.
Design standards and specifications. All Site Plans must conform
with applicable requirements and regulations found in the following
documents or articles:
1.
The recorded plat for the subject property, as applicable. If
no recorded plat is applicable, the site design shall be in conformance
with the design standards of Section 2.5, as applicable.
7.
Fire Code;
8.
Building Code;
9.
Technical Manual(s);
10.
Any design standards and specification approved by the City
Council following adoption of this provision.
C.
Site plan applicability.
1.
The following applications require Site Plan approval:
(i)
A request for approval to construct one (1) or more residential
buildings consisting of three (3) or more units per building;
(ii)
A request for approval to construct a Townhome or Patio Home
development.
(iii)
A request for approval to construct residential
and non-residential uses in the same building (Mixed-Use);
(iv)
A request for approval to construct a non-residential development;
(v)
A request for approval to construct a building within a Planned
Development district, unless otherwise exempted in this UDC or in
the ordinance adopting the Planned Development district;
(vi)
A request for a shared non-residential facility within a residential
Subdivision, such as a clubhouse, pool house, or gated entry maintained
by a Property Owners' Association;
(ix)
Any amendment to an element of a previously approved Site Plan
(e.g. landscape plan, lighting plan).
E.
Fees, forms, and procedures.
1.
The City's adopted Fee Schedule will establish fees relating
to the Site Plan approval process.
2.
The City will not approve a Site Plan for a property until the
property owner provides evidence demonstrating payment of indebtedness
(see subsection 1.4.2.D).
3.
The City is hereby authorized to prepare application forms that
include requirements for information, checklists, architectural or
engineering drawing sizes and contents, contact information for the
property owner, applicant, and technical consultants, and any other
information deemed necessary by the City to review the application
for compliance with City codes.
4.
The applicant is responsible for submitting the application
by the deadline indicated on the City's published Development Schedule.
5.
The Planning Director is responsible for maintaining and making
available the application forms applicable to a Site Plan request.
6.
The application forms may be revised or changed at any time
without notice consistent with the UDC.
|
Figure 3.5.4-1 Administrative Site Plan Approval Process
 |
F.
Approval process.
1.
Administrative site plan.
(i)
The Planning Director is responsible for approving a Site Plan
with no associated Specific Use Permit or Waiver Request if it meets
all the requirements of the UDC, including, but not limited to the
following criteria:
(1)
The Site Plan complies with the regulations of
this UDC, the underlying zoning district, and all other applicable
development regulations;
(2)
The Site Plan ensures the efficient use of land,
safe and interconnected vehicular and pedestrian circulation, appropriate
provision of landscaping, open space, parking, screening, and lighting;
(3)
The property is served or will be served by Adequate
Public Facilities;
(4)
The Site Plan coordinates and correctly documents
Public Facilities or their construction;
(5)
The Site Plan does not conflict with any requirements or standards of Article 2 or the applicant has obtained the necessary Subdivision Waiver;
(6)
The Site Plan provides for coordination of streets consistent with the Future Thoroughfare Plan, including providing deceleration lanes, median openings, and turn bays, and provides access between properties, through one (1) or more Driveway Stub-Outs and one (1) or more Cross Access Easements (see subsection 2.5.10) as required by the City Engineer in accordance with the goals and objectives of the adopted Comprehensive Plan.
(7)
The Site Plan provides landscaping and screening that adequately buffer and shield lights, noise, movement, or activities from abutting properties and complement and integrate the design and location of buildings into the overall site design (see Article 5);
(8)
The design and location of parking areas and loading
facilities ensures that all spaces are usable and safely located (see
subsection 3.4.1.C [3.4.2]);
(9)
Sufficient width and suitable grade are provided
in all vehicle maneuvering areas to accommodate potential traffic
and to provide access for garbage disposal, firefighting and emergency
equipment;
(10)
Exterior lighting is designed in compliance with
the City's Dark Skies policies while also ensuring the safety of visitors
to the site and to building occupants, including the minimization
of glare and reflection upon abutting properties (see Section 6.1
[6.2]);
(11)
The Site Plan provides and configures open space in a way that ensures such areas are usable for the planting and sustenance of trees and shrubs, provide an area for safe pedestrian paths and for seating areas, contribute to the objectives of Article 6 Supplemental Development Standards, Article 7 Stormwater Management, and Article 8 Flood Damage and Prevention, and prevent large expanses of paved area;
(12)
The Site Plan protects and conserves soil from
erosion by wind or water; and
(13)
The Site Plan protects and conserves watercourses
and flood-prone areas.
(ii)
Planning Director action.
(1)
The Planning Director will inform the applicant
of any deficiencies and provide instructions for the resubmittal of
corrected plans in accordance with the City's adopted Development
Schedule.
(2)
The Planning Director may approve or deny a Site
Plan or may defer any Site Plan to the Planning and Zoning Commission
for approval or denial.
(3)
If the Site Plan has an associated Specific Use
Permit or Waiver Request, it will be forwarded to the Planning and
Zoning Commission for recommendation and City Council for action in
accordance with Table 3.522 [Table 3.5-2].
(iii)
Letter of decision. The Planning Director will
issue an official Letter of Decision within ten (10) calendar days
of the date the Site Plan is approved or denied.
G.
Approving bodies. Table 3.5-2 is
a Summary of approving bodies for each type of Site Plan.
|
Table 3.5-2: Site Plan Approval Authority
| |||||
|---|---|---|---|---|---|
|
Application Type
|
City Council
|
Planning and Zoning Commission
|
Staff (Responsible Official)
|
Public Notice
|
Section Reference
|
|
R= Review/Recommending body | DM=
Decision-Making Body (final decision to approve or deny) | <
>= Public Hearing| Hearing Notice: N= Newspaper; M= Mail
| |||||
|
SITE PLAN
| |||||
|
Site Plan with Specific Use Permit
|
<DM>
|
<R>
|
R
|
N, M
|
§ 3.5.6
|
|
Site Plan with an associated Waiver Request
|
DM
|
R
|
R
|
—
|
§ 3.5.3.4
|
|
Site Plan
|
DM (if P&Z decision is appealed by applicant)
|
DM (if appealed by applicant or deferred by staff)
|
DM
|
—
|
§ 3.5.4
|
|
Alternate Compliance Site Plan
|
DM (if P&Z decision is appealed by applicant)
|
DM (if appealed by applicant or deferred by staff)
|
DM
|
—
|
§ 3.5.3
|
H.
Site plan effect of approval.
1.
By approving a Site Plan, the City authorizes the applicant
to receive a site plan permit for construction of the same and apply
for approval of a Building Permit associated with the project for
which the Site Plan was approved.
2.
During the time the Site Plan remains valid, the City will not
apply additional requirements concerning building placement, streets,
drives, parking, landscaping, or screening.
3.
Site Plan approval is separate and distinct from other permits
and approvals required by the UDC or other regulatory agencies.
I.
Fiscal Security for completion of improvements.
1.
Estimated cost and security approval.
The City
requires Fiscal Security in the amount of one hundred and ten percent
(110%) of the cost to construct and complete all required erosion
and sedimentation controls, including, water quality facilities; and
roadway and pedestrian facilities, to the City's standards as estimated
by the applicant's engineer, and as approved by the City Engineer.
2.
Type of security.
The applicant must guarantee
proper construction of the improvements and payment of all claimants
supplying labor and materials for the construction of improvements,
in accordance with the City's standards and with the UDC, by one of
the following methods:
(i)
Cash or Check.
(ii)
An Irrevocable Letter of Credit may be accepted and approved as to form by the City Attorney (see section 2.4.4 Table 2.4-1: Summary of Fiscal Security
Types for scenarios in which a Letter of Credit is acceptable).
(iii)
A bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City, on the form provided by the City (see Section 2.4.4 Table 2.4-1: Summary of Fiscal Types for
scenarios in which a bond is required or acceptable).
(iv)
All performance and payment bonds shall be approved as to form
by the City Attorney.
J.
Pre-construction meeting.
1.
The Applicant of the Applicant's agents must attend a Pre-Construction
Meeting with the City Engineer following the approval of the Site
Plan and before Construction Release.
2.
Sequence of events.
(i)
Notice.
Once the Applicant receives written notice
from the City Engineer that the Site Plans are approved, the project
is eligible for a Pre-Construction Meeting. It is the responsibility
of the Subdivider to schedule the Pre-Construction Meeting with all
applicable jurisdictional entities.
(ii)
Pre-construction meeting.
The purpose of the Pre-Construction
Meeting is to discuss administrative, communication, and operating
procedures for project construction. The Pre-Construction Meeting
is a prerequisite for Construction Release and will not be scheduled
until all fees are paid and fiscal security is posted with the City.
K.
Site closeout.
1.
Prior to issuance of the Certificate of Occupancy, the construction
work associated with the approved Site Plans must be closed out by
the City Engineer. The following checklist is required to be completed
prior to the City Engineer closing out the site:
(i)
Record Drawings (stamped as such by the engineer);
(ii)
Confirm the City has received recorded restrictive covenants
for the water quality maintenance and IPM and any applicable easements;
(iii)
Final acceptance letters from all applicable
approval entities;
(iv)
Concurrence letters from engineer and landscape architect (City
Staff will not perform the final site inspection until these are received);
(v)
Final inspection by City engineering department staff;
(vi)
CAD (.dwg) files of the improvements including easements and
boundary information;
(vii)
Post two (2) year maintenance bond(s), effective
at the time of site closeout, in the amount of twenty five percent
(25%) of the original performance bond amount(s);
(viii)
Provide all Stormwater Pollution Prevention
Plan (SW(3)) inspection reports generated through the duration of
the project construction period.
L.
Amendments to approved site plans.
1.
The Planning Director may administratively approve changes from
an approval Site Plan without requiring the applicant to submit a
new Site Plan application for approval, if the requested changes meet
the criteria listed in Section 3.5.4.L.3. If this criteria is not met, a new Site Plan Application must be
submitted.
2.
If a Site/NPS Plan permit has been issued but revisions are
requested prior to Construction Release or after the site has been
closed out by the City a Site Plan Amendment application with revised
plans is required. If the requested changes occur during construction,
changes may be administratively approved as a Site Plan Revision by
the City Engineer but must be reflected on an updated plan set or
record drawings, as appropriate, prior to site closeout.
3.
Such requested changes must meet the following criteria:
(i)
Adjustments are no more than ten percent (10%) or fifty (50)
feet in any direction, whichever is less, to the location or configuration
of roadways, sidewalks, utilities, parking areas, buildings, landscape
features (shrubs and trees), ponds, or any other improvements depicted
on the Site Plan.
(ii)
Adjustments are no more than five percent (5%) to the building
square footage of any individual building to be constructed within
the area of the Site Plan. The Planning Director is not authorized
to make an administrative adjustment that exceeds any limitation (minimum
or maximum) on impervious cover, height, or floor area for the district
(see subsection 3.4.1).
(iii)
Adjustments are no more than five percent (5%)
to the number of required parking spaces within the area of the Site
Plan.
(iv)
Adjusts flat work such as curbs, sidewalks, streets, decks,
and other paved areas if there is no net increase in impervious coverage
within the area of the Site Plan.
(v)
Adjusts any building facade, including adjustments to materials,
colors, windows, weather protection such as awnings and porticos,
or building height adjustments of ten (10) feet or less. The Planning
Director is not authorized to make an administrative adjustment that
increases residential unit density, adds one or more floors, or reduces
compliance with any architectural or building height requirements
of this UDC.
(vi)
Adjusts landscaping shown on the Site Plan, provided that the revision complies with Article 5.
(vii)
Does not authorize the construction or relocation
of any retaining wall, regardless of whether the retaining wall is
shown on the Site Plan.
(viii)
Adjusts or relocates water quality nonpoint
source pollution BMP areas, such as vegetative filter strips, on an
individual single-family lot if the applicant provides a letter from
a licensed engineer stating that the adjusted or relocated BMP will
provide water quality treatment at the same level or better than the
original BMP and in conformance with Section 7.3.
(ix)
Authorizes only minor construction on an individual single-family
lot within water quality nonpoint sources BMP areas, such as a rainwater
harvesting system in a vegetative filter strip, if the applicant provides
a letter from a licensed engineer stating that the minor construction
will not adversely impact the BMP's ability to perform water quality
treatment at the same level or better than the original BMP and in
conformance with Section 7.3.
(x)
The Planning Director may grant approval of construction or
adjustment in BMP areas on the condition that the applicant abandon
any easement established for the original BMP on a Plat or separate
instrument and dedicate a new easement encompassing the modified BMP
in conformance with Section 7.3. If the owner of the NPS permit is
not the grantee of the easement, approval by the NPS permit holder
is also required.
M.
Dormant site plans and site plan expiration.
1.
Site Plan approval expires two (2) years from the approval date
unless an applicant or property owner demonstrates Progress Towards
Completion.
2.
If other plans, plats, permits or other activity qualifying
as Progress Towards Completion are approved for a portion of the property
for which a Site Plan has been approved, the Site Plan for the remaining
portion will expire unless otherwise exempted from expiration by this
UDC, a Development Agreement, or by State Law.
3.
If a Site Plan expires, all vesting claims shall also expire
on the property, and the applicant must submit a new Site Plan subject
to the regulations in place at the time.
4.
The Planning Director may approve a six (6) month extension
of Site Plan approval upon written request of the applicant prior
to Site Plan expiration.
N.
Revocation of site plan approval. The Planning Director may revoke
approval of a Site Plan if the City determines that the applicant
has not met the conditions of approval or if the Site Plan contains,
or is based upon, incorrect information or if approval was obtained
using fraud or deceit.
O.
Additional development, site modifications, or redevelopment. Following
the completion of improvements shown on an approved Site Plan, additional
development, site modifications, or redevelopment of the site shall
be permitted subject to the approval of a revised Site Plan, which
shall be considered a new project and shall require submittal and
approval of a revised Site Plan.
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024)
A.
Purpose. The base zoning districts established in Section 3.2.2 are intended to facilitate a broad range of development within appropriate areas of the City, with sufficient development standards and technical requirements to address a variety of development types and unique areas within the City.
In addition to this UDC, the City has made use of Planned Development
Districts as a tool to accommodate such specialized development scenarios
and opportunities when regulations did not have other paths to regulatory
compliance. A Planned Development District, as it is created or amended,
shall establish specific development standards that ensure the Planned
Development District exceeds the standards of the equivalent base
zoning districts. Amendments to all PDDs shall be amended and restated.
B.
Minimum area required for a Planned Development District. The minimum
size for a Planned Development District is five (5) contiguous acres.
C.
Applications to create or amend a Planned Development District. An
application for a Planned Development District creation or amendment
must be in conformance to the Comprehensive Plan and demonstrate compliance
with the following criteria on a certain property:
1.
General PDD criteria:
(i)
Provide for a mix of a minimum of two types of uses, provided each use requested appears on the Use Charts before Council approves the Planned Development District (see section 3.3.5). An applicant that proposes a PDD that authorizes new uses not found on the Use Charts must demonstrate the following as part of the PDD application:
(2)
The proposed use(s) are compatible with abutting
uses and property; and
(3)
The proposed use(s) will positively contribute
to the City's economy, not be detrimental to the City's
fiscal, environmental or general health and livability, and will not
require undue investments in infrastructure or City resources to operate
or manage.
(ii)
Provide for integrated design and placement of buildings with
regulations that govern the bulk, height, footprint, and separation
of buildings to an extent beyond what is required by this UDC.
(iii)
Preserve or enhance areas with environmentally
significant natural features in a greater fashion than what is required
by this UDC.
(iv)
Provide for shared open space in an amount greater than required
by Section 6.3 and in a way that supports a variety of temporary uses
or events with flexible provisions for gathering, parking, vending,
circulation, and staging.
(v)
Creation of a coordinated and integrated transportation system
throughout the district provided that the plan facilitates multiple
transportation modes, exceeds the inter-parcel connectivity required
by the City's UDC or depicted in the City's Thoroughfare
Plan, provides sufficient emergency vehicle access, and adequately
manages stormwater runoff.
(vi)
Show proposed PDD boundaries. Or if an amendment, if and how
the proposed amendment has the effect of altering the existing PDD
boundaries;
(vii)
Show proposed land uses. Or if an amendment,
show if and how the proposed amendment has the effect of changing,
adding, or removing uses as listed in the ordinance adopting the PDD
or amendments thereto;
(viii)
Show allocation and amount of land uses. Or
if an amendment, if and how a proposed amendment has the effect of
increasing or reducing land allocated to a particular use or uses
in a way that is different from the ordinance adopting the PDD or
amendments thereto;
(ix)
Show residential density or maximum square footage of any non-residential
land use, and proposed traffic impacts. Or if an amendment, if and
how a proposed amendment has the effect of increasing or decreasing
the residential density or maximum square footage of any non-residential
land use authorized in the PDD, and whether any increase triggers
the need to update or amend any associated Traffic Impact Analysis;
and
(x)
Show total imprervious coverage and park, open space and landscaped
areas. Or if an amendment, if it will result in a net increase of
impervious coverage or net decrease in park, open space or landscaped
area.
D.
Fees, forms, and procedures.
1.
The City's adopted Fee Schedule will establish fees relating
to the Planned Development District creation, amendment, and approval
process.
2.
The City will not approve a Planned Development District or
PDD amendment for a property until the property owner provides evidence
demonstrating payment of indebtedness (see Section 1.4.2.D).
3.
The City is hereby authorized to prepare application forms that
include requirements for information, checklists, architectural or
engineering drawing sizes and contents, contact information for the
property owner, applicant, and technical consultants, and any other
information or technical assistance necessary to review the amendment
application for compliance with City codes.
4.
The applicant is responsible for submitting the application
by the deadline indicated on the City's published Development
Schedule.
5.
The Planning and Development Department is responsible for maintaining
and making available the application forms applicable to a Planned
Development District request.
6.
The application forms may be revised or changed at any time
without notice, consistent with the UDC at the direction of the City
Manager or designee.
E.
Pre-application meeting. A Pre-application Meeting (see Section 1.3
shall take place prior to submittal of an application to create or
amend a Planned Development District.
F.
Planned development master plan required.
1.
An application to create or amend a Planned Development District
must be accompanied by a Planned Development Master Plan.
3.
The City Manager or Designee, Planning and Zoning Commission,
or City Council may also require the applicant to produce other supporting
documents and exhibits demonstrating how the Planned Development District
will meet the goals of this section and the Comprehensive Plan.
4.
PDD design statement. The PDD Design Statement is a written
report containing each of the following elements:
(i)
The name or title of the development to be authorized by the
Planned Development District (PDD);
(ii)
Identification of the base district or districts upon which
the PDD regulations are based and a list of all standards applicable
to the base district(s), and a list of those standards that the applicant
proposes to modify with the PDD;
(iii)
If applicable, a list of requested Subdivision
Waivers. Any Subdivision Waiver included in a PDD Ordinance will govern
approval of any Preliminary, Final or other Plat associated with the
property subject to the PDD;
(iv)
List of property owners, a property ownership affidavit, and
list of developers. If a master developer initiates the application,
the PD Design Statement must contain, if known, a list of prospective
developers for subsequent phases or areas within the PDD;
(v)
A description of the location of the PDD and its relationship
to abutting land uses, whether existing or proposed, and zoning of
neighboring properties. The description should address at a minimum
properties and land uses within a one-quarter (1/4) mile radius of
the PDD. The City Manager or designee, Planning and Zoning Commission,
or City Council may require that the description include properties
outside of this area based on the size of the proposed PDD or the
projected impact or relationship between the proposed district and
abutting or adjoining districts;
(vi)
A description of existing and proposed streets that abut, connect
to, or may be impacted by the proposed PDD;
(vii)
A description of proposed streets within the
PDD, including any requested waivers to applicable street standards
(see Section 2.5), street design and streetscape concepts, and the
relationship of the proposed streets with existing or proposed streets
outside the PDD. The applicant is encouraged to utilize the PDD to
create street sections that exceed City standards for aesthetic appeal,
multi-modal configurability, and traffic calming;
(viii)
Description of the PDD concept, including a
breakdown of proposed acreage or square footage of land uses, sub-districts,
or areas, building types, relationships between buildings, streets,
and open space, residential density, if applicable, and proposed restriction
of uses, building orientation, site access, and other characteristics
that will define the district or as deemed necessary by the City;
(ix)
Analysis of existing elevation, slope, soils, existing trees
based on a tree survey, and drainage characteristics and the strategies
the PDD will utilize to protect and preserve these features in their
natural condition;
(x)
Topographic map with minimum two (2) ft. contour intervals;
(xi)
Analysis of drainage area acreage and existing ponds, critical
environmental features, and flood plain, if any;
(xii)
Identification of existing and proposed utilities
and Public Facilities;
(xiii)
Description of proposed phasing or sequence
of development;
(xiv)
Additional material requested by the City.
5.
PDD concept design map.
(i)
The PDD Concept Design Map (Design Map) is a graphic representation
of the master plan for a PDD.
(ii)
The Design Map must be consistent with the PDD Design Statement.
(iii)
The Design Map must be created to a legible scale
and contain sufficient detail to articulate the physical plan for
implementing the components of the PDD Design Statement within the
context of the proposed PDD.
(iv)
The Design Map components include, but are not limited to locations
of proposed land uses, streets, property lines, landmark features,
entryway features, building locations, parking locations, open space
and common areas to be constructed with each phase of development,
pedestrian facilities (i.e., sidewalks, paths), identification of
the developer or developers responsible for constructing the common
features, anticipated location of stormwater management facilities
and the timing and responsibility for construction.
(v)
As a supplement to the Design Map, the applicant shall provide
conceptual images of building types, open space, and streetscapes.
6.
Approval or amendment of a planned development master plan.
Upon approval by City Council, the Planned Development Master Plan
or amendment thereof will become part of the ordinance authorizing
the Planned Development District.
7.
Expiration of planned development master plan.
(i)
The Planned Development Master Plan will expire two (2) years
from the date of approval if the applicant has made no Progress Towards
Completion within the Planned Development District.
(ii)
If a PDD is borne out of a Development Agreement that outlined
certain development and design standards, responsibilities, and procedures
relating to the development of a property and that are not consistent
with a zoning district established by this UDC, the PDD Master Plan
shall expire the sooner of two (2) years from the date of PD approval
or on the expiration date established by the Development Agreement.
(iii)
If the Planned Development Master Plan expires, the applicant must submit a new Planned Development Master Plan for approval according to the procedures specified in this Section 3.5.5.
(iv)
Expiration of the Planned Development Master Plan does not invalidate
the Planned Development District. Any new Planned Development Master
Plan must comply with the Planned Development District regulations
set forth in the adopting ordinance and with this UDC.
G.
Applicability and integration of Planned Development Districts approved
prior to UDC.
1.
A Planned Development District approved prior to adoption of
this UDC shall be governed by the ordinance that created the original
Planned Development or the most recent amendment to the ordinance
unless the Planned Development District is otherwise re-designated
in this UDC and on the Official Zoning Map.
2.
Any amendments proposed subsequent to adoption of this UDC to
a Planned Development District approved prior to adoption of this
UDC must comply with this UDC unless otherwise stated in the previously
adopted PDD Ordinance.
H.
Approval process.
1.
The Planning Department will review the Planned Development
District new application or amendment application and will prepare
a report to the Planning and Zoning Commission.
2.
The City will post public notice and mail individual notices to property owners within 200 feet of the subject property describing the request for a Planned Development District or amendment thereto according to the same requirements applicable to a zoning change request in accordance with state law (see Section 3.1.8, Amendment to Zoning Map or Text).
3.
The Planning and Zoning Commission will conduct a public hearing,
consider the report of the Planning Department, and make recommendation
to the City Council.
4.
The City Council may, after conducting a public hearing, vote
to approve, approve with conditions, or deny the Planned Development
District or amendment thereto.
I.
Requirement to submit site plan for Planned Development District.
The applicant must submit a Site Plan for review and approval before
receiving a Building Permit or permit to begin construction within
the Planned Development District.
(Ordinance 475 adopted 6/28/22; Ordinance
542 adopted 8/27/2024)
A.
Purpose. The uses listed under the various districts within the Use
Chart as "S" are so classified because the City Council has found
that these uses may, because of their nature or intensity, be incompatible
with other permitted uses in the same or adjacent district or may
be compatible only with mitigation imposed through additional standards
and conditions attached to the use.
B.
Specific use permit applicability.
|
Figure 3.5.6-1: Specific Use Permit Approval
 |
1.
The designation of a use as permissible by Specific Use Permit
(SUP) does not mean that City Council will approve the use at any
location in the zoning district.
2.
Approval of an SUP does not authorize any use other than the
particular use authorized in the SUP.
3.
An SUP is a land use entitlement granted to a particular property
or location and may be transferred from owner to owner so long as
the SUP remains in compliance with and unexpired (see subsection G).
4.
No Specific Use Permit may be enlarged, extended, or relocated
unless City Council approves a new Specific Use Permit.
5.
Special Standards for Buildings Exceeding the Maximum Building
Footprint or Maximum Building Height. Buildings proposed to exceed
the Maximum Building Footprint or Maximum Building Height shall obtain
an SUP that also requires the following:
(i)
Circulation Amenities: A safe and landscaped multimodal circulation
system shall be provided on site which connects to public streets
and neighborhoods. Multimodal pathways within the development shall
be differentiated from driving surfaces through a change in materials.
At least one substantial amenity, this chapter, shall be provided
for every two thousand five hundred (2,500) square feet of structure
footprint.
(ii)
Facades and Exterior Walls, Including Sides and Backs: The building
shall be designed in a way that will reduce the massive scale and
uniform appearance, and will provide visual interest consistent with
the community's identity, character, scale and Design Features
menu as described the Unified Development Code. Architectural treatment,
similar to that provided to the front facade, shall be provided to
the sides and rear of the building to mitigate any negative view from
any location off site and any public street or area (e.g., parking
lots, walkways, etc.) on site.
(iii)
Roofs: The roof design shall include articulation
and architectural features that contribute to the visual interest
at the pedestrian scale and reduce the massive scale of large buildings,
as described in the Unified Development Code. Roof features shall
complement the architectural and visual character of the area. Roofs
shall have the appearance of two (2) or more roof planes either through
architectural features or engineered design. Parapet walls shall be
architecturally treated to avoid a plain, monotonous look. Roofs shall
be lightly colored, vegetative or photovoltaic.
(iv)
<title>Building Design: All buildings shall provide a direct
unencumbered multimodal connection to an abutting street. All buildings
shall be designed so that parking is not located along the primary
street of the building. Nonmotorized parking shall be permitted along
the primary facade of the building. A buffer with a minimum width
of ten feet (10') will be maintained between parking areas and
all bike trails, pedestrian ways and public sidewalks. Building entrance(s),
windows, roof drop areas, and other such building features shall have
an appropriate setback so as not to interfere with the safe movement
of pedestrians and cyclists in ambulatory areas.
(v)
Adaptability for Reuse/Compartmentalization: The building design
shall include specific elements for adaptation for multi-tenant reuse.
Such elements may include, but are not limited to, compartmentalized
construction (including MEP, when possible). The building design shall
also allow for: the interior subdivision of the structure into separate
tenancies; facades that readily adapt to multiple entrances and adapt
to entrances on all but one side of the building; parking lot schemes
that are shared by tenants or are linked by safe and functional pedestrian
connections; landscaping schemes that complement a multiple entrance
design; and other elements of design which facilitate multi-tenant
reuse of the building and site, including human-scale facade and landscape
design on the ground-floor.
(vi)
Renewal Plan: Applications shall include a renewal plan that
will afford maximum opportunity, consistent with the sound needs of
the municipality as a whole, for the rehabilitation or redevelopment
of the structure in the event of closure or relocation by the original
occupant. Such plan will be approved if the city finds that:
(1)
A sound and adequate plan exists for said redevelopment;
and
(2)
The plan affords maximum opportunity for rehabilitation
or redevelopment of the structure by both private enterprise and the
municipality; and
(3)
The renewal plan provides a maintenance plan for
normal repairs and upkeep of property, including, but not limited
to, building, parking lot and surfacing, landscaping, signage, and
elimination of "ghost signage."
(vii)
Redevelopment Agreement: The city may enter a
redevelopment agreement with the owner of the real property and undertake
activities, including the acquisition, removal, or demolition of structures,
improvements, or personal property located on the real property, to
prepare the property for redevelopment. A redevelopment agreement
entered into in accordance with this section must contain provisions
obligating the owner to redevelop the real property for a specified
use or uses consistent with the provisions of this title and offering
recourse to the city if the redevelopment is not completed as determined
by the city.
(viii)
Exemptions: Government offices, courthouses,
libraries, museums, community centers, and hospitals are exempt from
the required conditional use permit requirement of this section but
shall conform to all other standards identified in this section.
C.
Site plan approval required for SUPs and PDDs.
1.
The City Manager or designee has the authority to waive the
requirement for a fully-engineered Site Plan with submission of a
Specific Use Permit if the City Manager or designee finds that preparation
of a fully-engineered Site Plan is unnecessary, and that a non-fully-
engineered Site Plan would be adequate for the City Council to determine
appropriateness of a use only, or if the City Engineer recommends
to the City Manager or designee such waiver based on the level of
disturbance or alteration of the property. If the fully-engineered
Site Plan requirement is waived, a non-fully-engineered Site Plan
will be required and the City Manager or designee may request information
needed to review compatibility of the proposed use for City Council's
consideration.
(i)
If a Site Plan is solely for an SUP or PDD land use or amendment,
and otherwise conforms and is in compliance with the requirements
of Section 3.5.4., and as long as it is adequate to convey conformance
with all applicable UDC requirements, convey adequacy for the proposed
use, structures and development, and convey conformance with a proposed
concept and/or master plan, then it does not have to meet the requirement
to be a fully-engineered site plan. All other sections and requirements
of the UDC will still pertain as applicable.
(ii)
In lieu of a fully-engineered Site Plan, when applicable under
subsection (7), [sic] a Master Plan is required in addition to the
Concept Plan and images if the project includes more than two (2)
buildings.
2.
A Site Plan associated with a Specific Use Permit must conform
with the following criteria:
(i)
After the application is deemed complete in accordance with
city intake requirements and state law,, the Planning Department will
conduct a technical review of the application.
(ii)
The purpose of the technical review is to determine the following
criteria are met:
(1)
The Site Plan and associated Specific Use Permit
comply with the regulations of this UDC, the underlying zoning district,
and all other applicable development regulations;
(2)
The Site Plan and associated Specific Use Permit
promote the goals and objectives of the Comprehensive Plan;
(3)
Buildings and structures utilized in the operation
of the Specific Use Permit are adequate to support the use or can
be improved to support the use;
(4)
The Site Plan and associated Specific Use Permit
prevent or mitigate any adverse impacts, including overcrowding and
congestion;
(iii)
Use of existing building.
(1)
If the Site Plan and Specific Use Permit request
involves use or expansion of existing buildings or structures, the
Building Official may conduct an inspection of buildings or structures
to be utilized or expanded with the Specific Use Permit after the
applicant submits an application for Specific Use Permit to determine
the adequacy of the buildings or structures to support the proposed
use and to make recommendations for improvements to the buildings
or structures.
(2)
The City Council may condition approval of the
Site Plan with Specific Use Permit on compliance with the Building
Official's recommendations, and the Building Official may withhold
a Certificate of Occupancy if the buildings or structures do not comply
with the conditions.
(iv)
Public hearings required. The Planning Director will review
the Site Plan according to the criteria in Subsection B above and
will prepare a report to the Planning and Zoning Commission.
(1)
The Planning Director will publish public notice and mail individual notices to property owners within 200 feet of the subject property describing the request for Site Plan associated with a Specific Use Permit according to the same requirements applicable to a zoning change request (see section 3.1.8).
(2)
The Planning and Zoning Commission will conduct
a public hearing, consider the report of the Planning Director, and
make reccommendation to the City Council.
(3)
If the Planning and Zoning Commission recommends
denial of a Site Plan with associated Specific Use Permit, City Council
may only approve the application by a simple majority.
(4)
The City Council may, after conducting a public
hearing, vote to approve, approve with conditions, or deny the Site
Plan and associated Specific Use Permit.
D.
Compatibility conditions.
1.
City Council may approve an SUP on the condition that modifications
or improvements be made to the property or site on which the SUP will
be conducted to bring the property or site into conformance with this
UDC including, but not limited to, improvements to lighting, parking
or parking surfaces, drainage, screening, landscaping, building construction
or design, signage, site access, or other improvements that will mitigate
the impact of the SUP or bring the site into conformance with this
UDC.
2.
The Planning and Zoning Commission may recommend and City Council
may require conditions and safeguards with approval of any SUP for
the purpose of protecting other properties within the same or abutting
zoning district.
3.
The Planning and Zoning Commission or City Council, in evaluating the SUP request, may require any additional information beyond that required by the Planning Director or this section 3.5.6, including studies, data, or expert evaluation of the location, function, or characteristics of any use or building proposed in connection with the SUP.
4.
No SUP may be approved that is not in conformance with the Comprehensive
Plan and this UDC.
E.
Specific use permit effect of approval.
1.
By approving an SUP, the City authorizes the applicant to receive
approval of a Site Plan associated with the property for which the
SUP was approved and receive a Site Plan Permit, and to apply for
approval of a Building Permit(s).
2.
If an Applicant does not withdraw their SUP request prior to
City Council approval, that shall constitute evidence of the applicant's
willingness to accept and agree to be bound by and comply with the
ordinance adopting the SUP, and all supporting documentation including
business and operational plans, floor plans, required improvements
and conditions of approval and the minimum requirements of the zoning
district in which the property is located.
3.
During the time the SUP remains valid, the City will not apply
additional requirements concerning building placement, streets, drives,
parking, landscaping, or screening, that are not otherwise required
by this UDC, or required for health, safety, and welfare.
4.
SUP approval is separate and distinct from other permits and
approvals required by the UDC or other regulatory agencies.
F.
Amendments to approved specific use permits.
1.
An amendment to any approved SUP will be processed as a new
Specific Use Permit request.
2.
While the SUP is in effect, no building, premises, site, property,
or land used in association with the SUP may be enlarged, modified,
altered physically or structurally other than for repairs or renovations
to the facade, roof, building interior, fencing, or paving that do
not expand the footprint of the use, building or site, unless City
Council approves a new SUP.
G.
Specific use permit expiration.
1.
Unless otherwise specified by ordinance adopted by the City
Council, any SUP will expire under the following scenarios:
2.
In determining whether an SUP has expired, if the applicant
contests in writing to the determination, the City shall require that
the property owner or applicant submit documentation showing that
the building or property associated with the SUP has been occupied
within the six (6) month period in question. Evidence shall be in
the form of one or more utility bills showing water and electricity
usage applicable to the six-month period in question, photographs,
invoices for business expenses related to operation of the use, and
must include sales receipts related to the use, as applicable. At
their discretion, the Planning Director may accept other forms of
evidence.
3.
If an applicant relies upon fraudulent or misleading information
in obtaining a continuation of an SUP that would otherwise have expired
due to disuse, the Planning Director is authorized to revoke the SUP
and the Building Official is authorized to revoke the Certificate
of Occupancy from the business or property owner.
4.
The applicant may request an extension or appeal the decision
of the Planning Director to expire the SUP to the City Council. The
City Council may establish an extension period of up to six (6) months
beyond the date of its decision during which the SUP will remain valid.
If the applicant does not obtain a Certificate of Occupancy within
the extension period, the SUP will automatically expire. The City
Council's decision shall be final.
H.
Revocation of specific use permit approval.
1.
The City Council may, upon recommendation by the Planning Director
and the Planning and Zoning Commission, vote to revoke a Specific
Use Permit upon finding that the business or property owner operating
under the SUP has violated the requirements, standards, or conditions
of the ordinance adopting the SUP or any other requirement or restriction
found in this UDC.
2.
As an alternative to revoking the SUP, the City Council may
vote to place the business or property owner on probation for up to
one (1) year, subject to such criteria as the City Council deems appropriate
to ensure the legal operation of the use and the protection of the
public health, safety, and welfare.
3.
Unless approval for the SUP was obtained by fraud or deceit,
an SUP is a zoning and land use entitlement that may only be revoked
by action of the City Council.
I.
Action by city attorney. If an SUP expires or is revoked under this Section 3.5.6 and the business or property owner continues operation or does not vacate the site, the City Attorney is authorized to obtain an injunction to prevent the business or property owner from continuing to operate. The business or property owner may be held liable for any penalties under the ordinance approving the SUP or provided under this UDC or the Bee Cave Code of Ordinances.
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024; Ordinance 541 adopted 8/27/2024)
