(a) 
Purpose.
The purpose of a pre-application conference is to familiarize the applicant with the submittal requirements and review procedures, including all applicable standards and any known constraints, hazards, or special conditions associated with the subject property.
(b) 
Applications requiring a pre-application conference.
Table 28-7-14, summary of procedures, denotes the development review applications that require a pre-application conference by including this section number (28-7-4) in the "procedure reference" column.
(c) 
General plan.
The applicant may submit a general plan established as a basis for discussion prior to or at the pre-application conference. The sketch plan shall be of sufficient detail to accurately convey the concept, character, location, parcel size, and the size and scale of the proposed development. The applicant may submit additional materials at his or her discretion.
(d) 
Requested submittals.
At or following the pre-application conference, the administrator may request that the applicant provide additional materials at the time of application submittal as may be necessary to permit the informed exercise of judgment under the decision criteria for the application.
(e) 
Disclaimer.
Outcomes of the pre-application conference shall not imply, in whole or in part, any final decision on the application.
(f) 
Continuing review process.
After the pre-application conference has occurred, applications that require such a conference may subsequently undergo the processes established in section 28-7-5, filing of application.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
Every application for development approval required by this CDO shall be submitted on a form approved by the responsible official, along with the corresponding application fee.
(b) 
Authorization to initiate an application.
Table 28-7-5, application authorization, denotes those who are authorized to initiate each of the application types.
Table 28-7-5
Application Authorization
Application Type
Council or Commission
Property Owner1
Party Aggrieved by an Administrative Decision1
Administrative Applications
No
Yes
No
Legislative Applications
Yes
Yes
No
Quasi-Judicial Applications
No
Yes
Yes
Subdivision Applications
Yes2
Yes
No
TABLE NOTES:
"Yes"= Entity may initiate application
"No" = entity may not initiate application
1 Including his or her agent
2 Vacating plat only
(c) 
Forms and fees.
Every development review application required by this CDO shall be submitted in a format and in numbers established by the administrator and shall include the corresponding application fee that is established by the council.
(1) 
Form updates.
The responsible official shall promulgate and periodically revise forms for each type of application required by this CDO.
(2) 
Information required.
Application forms shall include specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
a. 
The evaluation of applications for compliance with the standards of this CDO; and
b. 
The administration of this CDO.
(d) 
Deadlines.
The administrator may establish periodic application submittal deadlines.
(e) 
Continuing review process.
Complete applications shall subsequently undergo the processes established in section 28-7-6, application completeness.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Completeness review.
(1) 
Administrator responsibility.
The administrator shall review all development review submittals for completeness.
(2) 
Meaning of completeness.
The administrator shall deem complete a submittal that contains:
a. 
All of the submittal information required in the application form;
b. 
Documents or drawings that are prepared and certified by qualified professionals (where such certifications are required);
c. 
The application fee; and
d. 
Any additional information that is necessary to demonstrate compliance with all of the applicable requirements of this CDO.
(b) 
Applications with submittal deadlines.
For application types that have an established submittal deadline, such as legislative, quasi-judicial, or subdivision applications, the completeness review and notification required in subsection (a) above, shall be accomplished no later than five business days after the specified submittal deadline.
(c) 
Applications without submittal deadlines.
For application types that do not have an established submittal deadline, such as administrative applications, the application completeness review and notification required in subsection (a) above, shall be accomplished no later than five business days from the date the application is submitted.
(d) 
Completeness does not equate to approval.
A determination of completeness does not mean that:
(1) 
The contents of the submittal are accurate or that they comply with the standards of this CDO;
(2) 
The application will receive a positive recommendation or final decision from the applicable administrative body; or
(3) 
During the review, additional clarification or information will not be needed.
(e) 
Incomplete applications.
(1) 
If the administrator determines a submittal not to be complete, the administrator shall:
a. 
Notify the applicant in writing with a list of all missing or incomplete items; and
b. 
Provide ten business days for the applicant to resubmit the missing or incomplete items.
(2) 
If the missing or incomplete items are not submitted within the ten-day period, then the administrator shall deem the application rejected, shall not accept the application for filing, and shall make the submittal and application fee available to the applicant for retrieval. After the administrator rejects an application, a new application and fee shall be required if the applicant wishes to apply again.
(3) 
Incomplete or rejected applications are not considered "filed" or "submitted" for the purposes of V.T.C.A., Texas Local Government Code (TLGC) Chapter 212, TLGC Chapter 245, or for any other purpose.
(f) 
Continuing review process.
Complete applications shall subsequently undergo the processes established in section 28-7-7, staff and DRC review.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Final decision or distribution.
After completeness determination, the administrator shall provide a staff report, according to the review responsibilities of table 28-7-14-1, summary of procedures table:
(1) 
Review and comment.
Review the application and provide comments to the applicant, which may include required revisions;
(2) 
Review and decide.
Review and make a final decision on the application; or
(3) 
Distribute.
Distribute the application to the appropriate administrative body or outside agency, including, but not limited to, utilities and school districts, for recommendation or final decision.
(b) 
Required revisions.
(1) 
Comments.
During the application review, the administrator may provide comments from administrative bodies, where applicable, to the applicant. The applicant shall revise and resubmit the application with requested changes.
(2) 
Resubmittal.
Upon receipt of the resubmittal, the administrator may refer the application to agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments, or require the agency's technical expertise for appropriate review.
(c) 
Administrative recommendation or decision.
Promptly after submittal of a complete application that addresses the comments provided pursuant to subsection (b) above (or, after finding that no revisions are required):
(1) 
Administrative applications.
If the application is for a review procedure addressed in division VII-3, administrative applications, then the city staff member denoted in table 28-7-14, summary of procedures table, shall approve, conditionally approve, or deny the application, as appropriate. Applications receiving approval may subsequently undergo the processes established in section 28-7-9, inactive applications.
(2) 
Legislative, quasi-judicial, and subdivision applications.
If according to table 28-7-10, required notice, the application requires a public meeting or public hearing prior to a final decision, then the applicable city staff member shall forward a recommendation to the next administrative body who will consider it for further recommendation or final decision.
(d) 
Common decision criteria.
In addition to all other applicable provisions of this CDO, administrative bodies shall consider the provisions of section 28-7-8, common decision criteria, when making a recommendation or a final decision.
(e) 
Continuing review process.
Applications requiring a public meeting or hearing shall subsequently undergo the processes established in section 28-7-10, public notice and public meetings.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
In determining whether to approve, approve with conditions or modifications, or deny an application, the applicable review bodies shall consider the basic review criteria denoted in table 28-7-8, common decision criteria applicability. Additional decision criteria may apply and are enumerated in the specific review procedures within this article.
(b) 
Applications subject to common decision criteria.
Table 28-7-3, table of permits and approvals, denotes the development review applications subject to common decision criteria by including this section in the "cross-reference" column.
Table 28-7-8
Common Decision Criteria
Common Decision Criteria
All Applications1
Legislative Applications
Quasi-Judicial Applications1
Subdivision Review Applications
The request complies with the applicable standards of this CDO, the City Code, and any applicable county, state, or federal requirements.
Yes
No
No
No
The request substantially conforms to any associated prior approval for the development, including, but not limited to, a Conditional Use Permit, Preliminary Plat, Planned Development, or Site Plan.
Yes
No
No
No
The administrative body has considered the recommendation of Staff.
No
Yes
Yes
Yes
The request is consistent with applicable policies of the Comprehensive Plan and applicable utility plans and capital improvements plans; or, if it addresses a topic that is not contained or not fully developed in the Comprehensive Plan, the request does not impair the implementation of the Comprehensive Plan.
No
Yes
Yes
Yes
The request promotes the purposes of this CDO as established in § 28-1-3, Purposes, and in other applicable purpose statements in this CDO.
No
Yes
Yes
Yes
Adequate facilities, including public or private utilities, solid waste service, roads, drainage, and other improvements are present or are planned to be provided.
No
Yes2
Yes
Yes
The request demonstrates compatibility with surrounding conforming and permitted land uses and structures and with the general character of the area.
No
Yes2
Yes
No
TABLE NOTES:
"Yes" = Common decision criteria applies for all applications.
"No" = Common decision criteria does not apply for all applications.
1Excluding Appeals of administrative decisions
2Excluding CDO Text Amendment
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
Applicants shall diligently pursue the completion of development projects. This section extinguishes applications that become inactive due to applicant inaction.
(b) 
Voiding of inactive applications.
(1) 
Process to inactivity.
An unapproved application becomes inactive after 45 days from receiving review comments if the applicant fails to completely address the city's comments and allow further processing of the application, unless the administrator determines that the applicant is actively pursuing action to address such comments. If the administrator makes such determination, then the application will become inactive 90 days after the date of receipt of the comments if the applicant fails to completely address the comments.
(2) 
Void.
Inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive if the applicant fails to take action or to request an extension of time.
(c) 
Extension of time.
(1) 
Prior to the expiration of an inactive plat, the application may be extended for up to six months upon written request of the applicant for cause only; and
(2) 
If the city amends this chapter or adopts other regulations during the period of time when the application was inactive, the application shall:
a. 
Not be subject to compliance to the new regulations until the original application is considered to be voided; and
b. 
The application shall be subject to the new regulations and ordinances if the period of time to request an extension lapses.
(3) 
An inactive application shall expire after a six-month extension lapses and if an extension was not requested.
(d) 
Effect of expiration.
Applications that expire pursuant to this section are automatically null and void without further notice or action by the city.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
(1) 
Open to public.
All public hearings shall be open to the public except as otherwise provided in V.T.C.A., Texas Local Government Code (TLGC) Chapter 551, Open Meetings. However, not all decisions require public hearings.
(2) 
Notice by publication.
When required, shall be provided by publication in accordance with the requirements of the TLGC, Chapter 211.
(3) 
Notice by mail.
When required, mailed notice shall be provided to each owner, as indicated by the most recently approved municipal tax roll of real property.
(4) 
Table 28-7-10, required notice, sets out the specific notice requirement for each type of application where notice is required.
(5) 
If the requirements of this CDO conflict with the requirements of the TLGC, the stricter requirement shall prevail.
(b) 
Applicability.
Public notice of public hearings required by this CDO shall be provided as required by table 28-7-10, required notice.
Table 28-7-10
Required Notice
Review Body
Type of Public Hearing
Types of Notice Required
Publication Notice
Mailed Notice
Planning and Zoning Commission
Designation of Historic Property
Not less than 15 days prior to public hearing
Not less than 15 days prior to public hearing
Major Modification (TLGC, § 211.006)
Not less than 15 days prior to public hearing
Not less than 15 days prior to public hearing
Planned Developments (TLGC, § 211.006)
Not less than 15 days prior to public hearing
Not less than 15 days prior to public hearing
Specific Use Permits (TLGC, § 211.006)
Not less than 15 days prior to public hearing
Not less than 15 days prior to public hearing1
Text Amendments (TLGC, § 211.006)
Not less than 15 days prior to public hearing
—
Zoning Map Amendments (TLGC, § 211.006)
Not less than 15 days prior to public hearing
Not less than 15 days prior to public hearings1
Zoning Board of Adjustments
Variances (TLGC, § 211.009)
Not less than 15 days prior to public hearing
Not less than 10 days prior to public hearing
Appeals (TLGC, § 211.010)
Not less than 15 days prior to public hearing
Not less than 10 days prior to public hearings2
TABLE NOTES:
1To owners of property within 200 feet.
2TLGC, § 211.010(d) requires "due notice to the parties in interest." At a minimum, this shall include the original applicant and the persons who are the party to the appeal.
(c) 
Procedural requirements for notice.
Public notice of hearings shall be given as follow:
(1) 
Publication notice.
Notice shall be published in an official newspaper of general circulation in the city as provided by state law.
(2) 
Mailed written notice.
The notice shall be in written form and sent to all owners of real property and shall be:
a. 
Located within 200 feet of the subject property or within 200 feet of any other abutting property under the same ownership as the subject property;
b. 
Measured from the perimeter of the property;
c. 
Taken inclusive of public streets; and
d. 
Served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS).
(d) 
Posted notice.
Notice of required public hearings shall also be provided by way of a sign located on the physical property that is the subject of the application as follows:
(1) 
One sign shall be placed for each 200 feet of frontage along a public street, with a maximum of two signs required per frontage;
(2) 
Signs shall be posted no more than 15 feet from the public right-of-way;
(3) 
Signs shall be eight feet long by four feet tall;
(4) 
Lettering on the signs must use a font that is readily legible and as large as possible given the amount of text necessary to fit on the sign; and
(5) 
Where the land does not have frontage on a public street, signs shall be posted on the nearest public street with an attached notation indicating the location of the land subject to the application.
(e) 
Contents of notice.
The contents of public notice hearings shall include the following:
(1) 
Publication and mailed notice.
Published and mailed notices shall provide at least the following information:
a. 
The general location of the land that is the subject of the application;
b. 
Its legal description and street address;
c. 
The substance of the application;
d. 
The time, date and location of the public hearing;
e. 
The contact point for additional information;
f. 
The time, date and place where the application may be inspected by the public; and
g. 
A statement that interested parties may appear at the public hearing and be heard with respect to the application.
(2) 
Posted notice.
Signs posted for a public hearing shall at least indicate the action proposed to be taken, the contact point for additional information, and the date, time and place of the public hearing.
(f) 
Computation of time.
In computing the time periods for notice, the day of mailing, publication, or posting shall not be counted, but the day of the public hearing shall be counted.
(g) 
Public hearings.
(1) 
Time of hearing.
For all matters properly brought before the city council or the planning and zoning commission, the city shall select a reasonable time and place for such hearing provided; however, that such time shall be no later than 45 days following the submission of a complete application per section 28-7-6, application completeness.
(2) 
Procedures.
Elected and appointed administrative bodies may adopt rules of procedure for the conduct of public hearings. The adopted rules of procedure shall reflect the following general procedures:
a. 
Any person may appear at a public hearing, submit evidence, and be heard;
b. 
If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration;
c. 
Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent;
d. 
Citizens, applicants, and the city have the right to present expert witnesses; and
e. 
The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
(3) 
Attendance by applicant at public hearing.
An applicant or representative is not required to attend the public hearing at which the subject application is to be considered; however, failure on the part of the applicant or representative to appear at a properly noticed public hearing may constitute grounds for a continuance on a certain new date or closing of the public hearing with public re-notification required.
(h) 
Decisions.
(1) 
All decisions.
A vote shall be conducted in such manner that the public may know the vote of each person entitled to vote, except when voice votes are authorized.
(2) 
Planning and zoning commission and city council decisions.
Except where this CDO or state statutes provide otherwise, official action requires the vote of a majority of the full city council.
(3) 
Zoning board of adjustment (ZBA) decisions.
In accordance with V.T.C.A., Local Government Code § 211.009, authority of board, official actions of the ZBA require the concurring vote of 75 percent of the number of regular members of the ZBA.
(i) 
Continuing review process.
Applications receiving approval at a public meeting or hearing may subsequently undergo the processes established in section 28-7-9, inactive applications.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2024-1468, 10-15-2024)
(a) 
Continuances.
Requests for continuance of any proceeding called for in this CDO may be granted at the discretion of the administering body holding the meeting. If granted, the applicant shall pay all additional costs associated with the rescheduling of the proceeding.
(b) 
Withdrawal.
Any application may be withdrawn, either in writing or on the record during the proceeding before the recommendation or decision is made.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
It is the policy of the City of Fulshear not to hear successive applications for the same approval after an application is denied. The limitations of this section prevent the consideration of successive applications.
(b) 
Time required between substantially similar applications.
The city shall not accept any application that is substantially similar to an application that was denied six months prior.
(c) 
Appeal.
The administrator's determination that an application is substantially similar to a denied application is subject to administrative appeal.
(Ord. No. 2020-1331, 9-15-2020)
(a) 
Generally.
Every process and application established by this chapter shall have a corresponding and appropriate application fee in accordance with the city's schedule of fees. All fees and charges are on file in the city secretary's office or the planning, inspection, and enforcement department.
(b) 
Schedule of fees.
No permit, certificate, special exception, or variance shall be issued unless and until such costs, charges, fees, or expenses are paid.
(c) 
Exception.
No fees shall be charged to any government agency for work being performed by the employees of the agency.
(d) 
Periodic review of fee schedule.
It is the intent of the city council to periodically review and update the fee schedule. The planning and zoning commission with input from the administrator shall make a report and recommendation to the city council with regard to the fee schedule at intervals of not more than two years. The city council shall consider the report and initiate a revised fee schedule resolution as it considers appropriate.
(Ord. No. 2020-1331, 9-15-2020)
Table 28-7-14, summary of review procedures summarizes the review procedures involved in the development proposal process. Detailed information about general procedures and applications are further discussed in this article.
Table 28-7-14
Summary of Review Procedures
General Review Procedures
Procedure Reference
Administrative Applications
Legislative
Quasi-Judicial
CDO Text Amendment
All Others
Inter-pretation
Variance
Appeals
Pre-Application Conference
§ 28-7-4
No
No
No
No
Yes
Yes
Filing of Application
§ 28-7-5
Yes
No
Yes
No
Yes
Yes
Application Completeness
§ 28-7-6
Yes
No
Yes
No
Yes
Yes
Staff and DRC Review
§ 28-7-7
Yes
Yes
Yes
Yes
Yes
Yes
Common Decision Criteria
§ 28-7-8
Yes
Yes
Yes
Yes
Yes
Yes
Inactive Applications
§ 28-7-9
Yes
No
No
No
Yes
Yes
Public Notice and Public Meetings
§ 28-7-10
No
Yes
Yes
Yes
Yes
Yes
Continuances and Withdrawals
§ 28-7-11
No
No
Yes
No
Yes
Yes
Successive Applications
§ 28-7-12
Yes
No
No
No
Yes
Yes
Fees
§ 28-7-13
Yes
Yes
Yes
Yes
Yes
Yes
TABLE NOTES:
"Yes" = General Review Procedure Required;
"No" = General Review Procedure Not Required
(Ord. No. 2020-1331, 9-15-2020)