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The purpose of this Article is to articulate the City's development review procedures. ( Ordinance 2023-O0054 adopted 5/9/2023 )

a. Generally. This Article applies to the use and development of land and all development activity that requires a recommendation and/or final decision from an administrative body denoted in Article 39.06 , Administrative and Legislative Bodies. b. Compliance. Any person proposing a land use or development shall comply with the procedures of this Article. The City will not issue a permit for any building , structure , construction, or use unless the proposal conforms with all provisions of this UDC , and other applicable ordinances. ( Ordinance 2023-O0054 adopted 5/9/2023 )

a. Pre-application meeting. Potential applicants are encouraged to meet with City staff prior to submittal of subdivision plats, Grading Plans, and applications that require a legislative final decision. A meeting with the County Public Works Director is suggested for extraterritorial jurisdiction plats, as County development standards may differ from the City standards in this UDC . b. Applications submittal. Table 39.07.003-1, Review Steps, denotes the steps that each type of development application must undergo in order to complete the application review process. Table 39.07.003-1 Review Steps • = Common Review Procedure Required | — = Common Review Procedure Not Required Subdivision Common Review Procedures (§ Reference) Administrative Legislative Qua...

a. All applications. Table 39.07.003-1 , Review Steps, denotes that all development applications are required to undergo completeness review. b. Director of Planning responsibility. The Director of Planning shall review all development application submittals for completeness. c. Meaning of complete submittal. The Director of Planning shall deem complete an application that contains: 1. All information. All of the application information required in the application form; 2. Certifications. Documents or drawings that are prepared and certified by qualified professionals (where such certifications are required); and 3. Fee. The application fee. d. Notification to applicant. If and when the application is deemed complete, the Director of Planning shall notify...

a. Applications requiring staff review and distribution. Table 39.07.003-1 , Review Steps, denotes that all development applications are required to undergo staff review and distribution. b. Final decision or distribution. After completeness determination, the appropriate administrative body shall, according to the review responsibilities of Section 39.07.012 , Development Review Summary Table: 1. Review and comment. Review the Administrative application and provide comments to the applicant, which may include required revisions based on the requirements of this UDC and other adopted requirements and standards; 2. Review and decide. Review and make a final decision on the Administrative application; or 3. Distribute. Distribute the Legislative, Quasi-Judi...

a. Generally. In determining whether to approve, approve with conditions or modifications, or deny an application, the applicable review bodies shall consider the decision criteria denoted in Table 39.07.006-1, Decision Criteria Applicability. Additional decision criteria may apply and are enumerated in the specific review procedures of this Article. b. Exclusions. The "All Applications" and the "Quasi-Judicial Applications" columns in the table below exclude Appeals of Administrative Decisions. Table 39.07.006-1 Decision Criteria Applicability ♦ = Decision criteria applies Decision Criteria All Applications Legislative Applications Quasi-Judicial Applications Subdivision Review Applications The request complies with the applicable standards of this UDC ,...

a. TLGC reference. Public notice of any development review request shall be in accordance with Texas Local Government Code Chapters 211 and 212 , with the exception that when written notice of a public hearing is required to be sent to each owner within 200 feet of the property on which the change is proposed, written notice must instead be sent to each owner within 400 feet of the property on which the change is proposed. b. Constructive notice. Failure of a surrounding property owner to receive notice of a hearing shall not affect the validity of the final decision. ( Ordinance 2023-O0054 adopted 5/9/2023 ; Ordinance 2023-O0132 adopted 10/10/2023 )

a. Applications requiring a public meeting or hearing. Table 39.07.003-1 , Review Steps, denotes the development applications that require a public meeting or hearing. b. Generally. All public meetings and hearings shall be open to the public except as otherwise provided in Texas Government Code Chapter 551 , Open Meetings. Not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this UDC are classified as requiring a "public meeting" or "public hearing." c. Public meetings. Public Meeting Required. Any decision of a legislative or quasi-judicial body that does not require a public hearing requires a recommendation and/or final decision to be made at a public meeting. d. Attendance by applicant at public h...

a. Requests subject to post-approval provisions. Table 39.07.003-1 , Review Steps, denotes the development requests that are subject to post-approval provisions. b. Modification of an approved application. Except as provided in Subsection d . [Section 39.07.028c.1.F ], Correction of Errors in Approved but Unrecorded Plats, below, modifications to approved applications or requests shall be done in accordance with Section 39.07.028 , Minor Modification of an Approved Application, or, if the change does not meet the criteria for a minor modification, the application shall be resubmitted as a new application. c. Revocation of approval. An administrative, legislative, or quasi-judicial body may revoke any permit or approval it has issued where there has been a...

a. Applications subject to appeals. Table 39.07.003-1 , Review Steps, denotes all development applications that are subject to appeal . b. Appeal of City Council or Zoning Board of Adjustment decision. Any party aggrieved by or alleging an error in a final decision of the City Council or ZBA may appeal to a court of competent jurisdiction. c. Appeal of Urban Design and Historic Preservation Commission decision. Any party aggrieved by or alleging an error in a final decision of the Urban Design and Historic Preservation Commission may appeal to the Zoning Board of Adjustment within 10 calendar days of the Commission's decision or by the next available ZBA application deadline, whichever is later. d. Appeal of administrative decision. Any party aggrieved by...

a. Generally. Applicants shall diligently pursue completion of development projects. Accordingly, this Section voids unapproved applications that become stale due to inaction by the applicant. b. Voiding of expired applications. 1. Expiration. A development application expires on or after the 45th day after the date the application is submitted if: A. The applicant fails to provide documents or other information necessary to comply with the City's technical requirements relating to the form and content of the application; B. The Director of Planning provides to the applicant not later than the 10th business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the...

a. Generally. Table 39.07.012-1, Development Review Summary, summarizes the procedures, agencies, and public bodies involved in the development proposal process. Detailed information about applications and processes is outlined further in this Article. b. Table instructions. 1. Expiration. The days in the "Expiration" column in the table below are measured from the date of the issued approval. Expiration occurs if the applicant does not commence the work prior to the expiration, or does not diligently pursue completion of the project or the subsequent required approval. See Section 39.07.011 , Inactive and Expired Applications. 2. Appeals . Refer to Section 39.07.010 , Appeals , for additional details on the " Appeal " column in the table below. Table 39....

a. Generally. In addition to the required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following procedures shall apply to Site Development Plans . b. Purpose. The purpose of a Site Development Plan is to ensure that developments comply with all applicable City ordinances, development , and design standards of this UDC , federal and state law. It shall also comply with an approved Master Development Plan or Specific Use Permit for the subject property, if applicable. c. Exemptions. The following activities shall not require a Site Development Plan : 1. Residential. Construction of single-family detached or duplex residences; and 2. Emergencies. Any emergency activity that is immediately necessary for the protectio...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Conveyance Plats . b. Purpose. A Conveyance Plat allows the recording of a subdivision without requiring the construction or design of public improvements or collection of impact fees. Easements , dedications, and reservations may be recorded on a Conveyance Plat . c. Specific decision criteria. 1. Review and decision. In determining whether to approve, approve with conditions, or deny a Conveyance Plat , the review bodies shall consider the applicable common decision criteria in Section 39.07.006 , Common Decision Criteria, and the following: A. The Conveyance P...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Minor or Amending Plats . b. Purpose. 1. Minor plat. The purpose of a Minor Plat is to allow for the administrative approval of the subdivision of property into four or fewer lots if the subject property fronts on an existing public street with no need to dedicate new public right-of-way or extend public utilities . 2. Amending plat . An Amending Plat is any plat meeting the definition in Texas Local Government Code ( TLGC ) Section 212.016. c. Applicant responsibilities. Applicant responsibilities shall be the same as those for a Final Plat . Refer to Section 39...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Construction Plans. b. Purpose. The purpose of Construction Plans is to provide for the review of detailed engineering drawings for all municipal improvements required to serve the development . Construction Plans and specifications shall be submitted to the City Engineer for all existing or proposed streets , sidewalks, drainage, and utility improvements, and any other public improvements that are required or proposed to be constructed, reconstructed, improved, or modified to serve a proposed development . c. Specific decision criteria. 1. Review and decision. I...

a. Generally. In addition to the applicable required procedures in Division 7.1 , Purpose, Applicability, and Common Review Procedures, the following specific procedural provisions shall apply to Use Verification. b. Purpose. The Use Verification procedure provides a mechanism for the Director of Planning to evaluate new uses or changes in use of any building , structure , or land to ensure compliance with applicable standards of this UDC . A Use Verification may also be obtained by a property owner to demonstrate the existence of a nonconformity subject to Article 39.08 , Nonconformities . c. Applicability. A Use Verification shall be required prior to establishing a Limited Use or a use that requires a Specific Use Permit. Temporary uses and structures ...