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PZ 08-28-2019 AGENDA with associated documents          MEETING AGENDA Planning & Zoning Commission REGULAR SESSION PLANNING & ZONING COMMISSION August 28, 2019                                   HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treated Work cooperatively as a team    AGENDA WEDNESDAY, AUGUST 28, 2019 at 6:00 p.m.        1.CALL TO ORDER      2.HEARING OF RESIDENTS This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker’s register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered.      3.CONSENT AGENDA:     A.Minutes for the August 14, 2019 Regular Meeting.     4.PUBLIC HEARING: The Planning and Zoning Commission will hold a public hearing related to zone change requests and replats within this agenda. The public hearing will be opened to receive a report from staff, the applicant, the adjoining property owners affected by the applicant’s request, and any other interested persons. Upon completion, the public hearing will be closed. The Commission will discuss and consider the application, and may request additional information from staff or the applicant, if required. After deliberation, the Commission is asked to consider and act upon the following requests and make a recommendation to the City Council if necessary.      A.ZC2019-007 Hold a public hearing, consider and make a recommendation on amendments to the Planning & Zoning                                   August 28, 2019 Page 1 of 3     A.ZC2019-007 Hold a public hearing, consider and make a recommendation on amendments to the Schertz Code of Ordinances, Chapter 18 Building and Building Regulations and Part III Unified Development Code (UDC), including Article 3 Boards, Commissions, and Committees, Article 4 Procedures and Applications, Article 8 Special Uses and General Regulations, Article 9 Site Design Standards, and Article 12 Subdivisions.   5.ITEMS FOR INDIVIDUAL CONSIDERATION:     A.Consider and make a recommendation to City Council regarding an amendment to the Planning and Zoning Commission Bylaws.   6.REQUESTS AND ANNOUNCEMENTS:     A.Requests by Commissioners to place items on a future Planning and Zoning Agenda      B.Announcements by Commissioners  City and community events attended and to be attended Continuing education events attended and to be attended      C.Announcements by City Staff.  City and community events attended and to be attended. NEW SITE PLAN APPLICATIONS: The following site plan applications submitted to the Planning and Community Development Department between August 9, 2019 and August 23, 2019.  UFP Schertz Lot 1, Block 1 (21700 FM 2252)  Site Plan for a 4,418 square foot breakroom / office building for exisiting business      7.ADJOURNMENT OF THE REGULAR MEETING        CERTIFICATION I, Emily Delgado, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 23rd day of Auigust, 2019 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551, Texas Government Code.  Emily Delgado, Planner   I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was removed from the official bulletin board on _____day of _______________, 2019. _______________title:_____________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24 hours in advance of meeting. The Planning and Zoning Commission for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may Planning & Zoning                                   August 28, 2019 Page 2 of 3     551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion.  Planning & Zoning                                   August 28, 2019 Page 3 of 3     PLANNING AND ZONING COMMISSION MEETING: 08/28/2019 Agenda Item 3 A   TO:Planning and Zoning Commission PREPARED BY:Emily Delgado, Planner SUBJECT:Minutes for the August 14, 2019 Regular Meeting.   Attachments Minutes for the August 14, 2019 Regular Planning and Zoning Commission Meeting  PLANNING AND ZONING MINUTES August 14, 2019 The Schertz Planning and Zoning Commission convened on August 14, 2019 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. Present: Michael Dahle, Chairman; Ernie Evans, Vice Chairman; Richard Braud, Commissioner; Lauren Garrott, Commissioner; Ken Greenwald, Commissioner; Gordon Rae, Commissioner; Glen Outlaw, Commissioner Absent: LaDonna Bacon, Commissioner City Staff: Emily Delgado, Planner; Tiffany Danhof, Executive Assistant; Nick Koplyay, Planner              1.CALL TO ORDER Mr. Dahle called the meeting to order at 6:00 P.M.   2.HEARING OF RESIDENTS This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker’s register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. There were no residents who Spoke.   3.CONSENT AGENDA:   A.Minutes for the July 10, 2019 Regular Meeting.      B.PC2019-021 Consider and act upon a request for approval of a final    DRAFT B.PC2019-021 Consider and act upon a request for approval of a final plat for the DG Schertz Addition Subdivision, an approximately 4.5 acre tract of land generally located at the northwest corner FM 1518 and Schaefer Road, City of Schertz, Bexar County, Texas.       Motioned by Commissioner Ken Greenwald to approve the consent agenda, seconded by Commissioner Gordon Rae  Vote: 7 - 0 Passed   4.ITEMS FOR INDIVIDUAL CONSIDERATION:   A.PC2019-026 Consider and act upon a request for approval of a preliminary plat of the Hallie's Cove Subdivision Unit 5, an approximately 36 acre tract of land generally located east of FM 1518, approximately 500 feet south of Trainer Hale Road, City of Schertz, Bexar County, Texas. There was a brief discussion.       Motioned by Commissioner Glen Outlaw to approve PC2019-026, seconded by Commissioner Lauren Garrott  Vote: 6 - 1 Passed  NAY: Commissioner Ken Greenwald   5.REQUESTS AND ANNOUNCEMENTS:   A.Requests by Commissioners to place items on a future Planning and Zoning Agenda There were no requests by Commissioners.   B.Announcements by Commissioners City and community events attended and to be attended Continuing education events attended and to be attended There were announcements by Commissioners.   C.Announcements by City Staff. C.Announcements by City Staff. City and community events attended and to be attended. NEW SITE PLAN APPLICATIONS: The following site plan applications submitted to the Planning and Community Development Department between July 8, 2019, and August 9, 2019. Enterprise Industrial Park Building 4, Lot 6, Block 1 (17745 Lookout Road) Site Plan for a 250,428 square foot Office-Warehouse/Distribution Center There were announcements by City Staff.   6.ADJOURNMENT OF THE REGULAR MEETING Chairman Mr. Dahle Adjourned the regular meeting at 6:13 P.M.   ____________________________________ Chairman, Planning and Zoning Commission ______________________________ Recording Secretary, City of Schertz PLANNING AND ZONING COMMISSION MEETING: 08/28/2019 Agenda Item 4 A TO:Planning and Zoning Commission PREPARED BY:Emily Delgado, Planner CASE:ZC2019-007 SUBJECT:ZC2019-007 Hold a public hearing, consider and make a recommendation on amendments to the Schertz Code of Ordinances, Chapter 18 Building and Building Regulations and Part III Unified Development Code (UDC), including Article 3 Boards, Commissions, and Committees, Article 4 Procedures and Applications, Article 8 Special Uses and General Regulations, Article 9 Site Design Standards, and Article 12 Subdivisions. GENERAL INFORMATION: As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has becomes necessary to update the UDC. Several of the proposed amendments are a result of this year's Texas Legislative, session that approved several House Bills, that go into effect September 1, 2019. The proposed amendments would bring the City of Schertz into compliance with these new regulations. Additionally, two of the amendments are items that have been requested to have modifications be completed for some time. Each proposed UDC amendment is described in the following section of this staff report. PROPOSED AMENDMENTS UDC Amendment: Article 9, Section 21.9.5: Exterior Construction and design standards: Due to House Bill (HB) 2439, effective September 1, 2019 a governmental entity, including a city, may not adopt or enforce a rule, charter provision, ordinance, order, building code, or other regulation that (1) prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or (2) establishes a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building. HB 2439 directly impacts the current requirements outlined in Unified Development Code Section 21.9.5 Exterior Construction and Design Standards. The City currently requires a certain percentage of masonry and glazing be incorporated in the design of any building for aesthetic purposes; however, due to the approval of HB 2439 the City can no longer require a standard for building materials that is more stringent than the standards allowed under a national model code (such as the International Building Code). Additionally, HB 2439 eliminates the ability for the City to enforce exterior construction material regulations previously established through zoning applications, such as a Planned Development Districts. This means that although a property is zoned PDD and has specific building material regulations adopted by City Council, the City can no longer enforce those regulations. The proposed UDC amendment to Article 9, Section 21.9.5 would bring the City of Schertz into compliance with the regulations established via HB 2439, by removing the current requirements for masonry percentages and glazing percentages. The proposal is to eliminate the current requirements that reference masonry and glazing percentages and replace them with the requirement that the building / glazing must comply with the regulations established via the national model code. This change would be applied to all buildings moving forward including idustrial, commercial, public/office, multifamily, and single-family residential. HB 2439 does not eliminate the City’s ability to regulate articulations; therefore, the current UDC amendment proposal does not alter the urrent requirements for building articulations. Code of Ordinances Amendment: Section 18-61. Amendments and Section 18-141. Amendments: HB 2439 also affects the current regulation within the building code amendments that prohibits the use of Cellular Core Pipe in all underground uses, which can no longer be enforced. The current proposal is to no longer prohibit the use of cellular core pipe, but rather require a minimum of four (4) inches of granular material to encapsulate the pipe if used underground. This brings the section into compliance with the HB but still provides for added stability due to the soil conditions within the City. UDC Amendment: Article 9 Section 21.9.8.A.2 Screening and Fencing in Residential Areas, and Section 21.9.8.B.2 Screening and Fencing in Nonresidential and Multifamily Areas: Due to HB 3371, effective September 1, 2019, a City may not (1) adopt or enforce an ordinance, order, or regulation that requires a permit for the installation or use of certain battery-charged fences; (2) impose installation or operational requirements for battery-charged fences that are inconsistent with the standards in the bill or those set by the International Electrotechnical Commission; or (3) prohibit the installation or use of battery charged fences. The current UDC regulations prohibit the use of above-ground electrical fencing within residential, nonresidential, and multifamily areas, which is in direct conflict with HB 3371. Staff is proposing to amend the regulation to allow the installation of an above ground electrical fence in accordance with the regulations established via the building code. In addition to the proposed amendment to allow for electrical fencing, Staff is proposing an amendment to the prohibited materials list for non-residential and multifamily areas. The proposal would be to allow for the use of barbed wire fencing on parcels or lots zoned Public Use District (PUB) and developed for public water and wastewater facilities. This would allow the City or another entity to use barbed wire as a means of security for water and wastewater facilities when zoned PUB. The only other proposed amendment is a clean up item to remove “wire mesh” as a prohibited material when the current regulations also allow for a fence made of “similar woven wire mesh” by right. This does not alter the fencing ability but provides more clarity on the types of fencing that are prohibited. UDC Amendment: Article 8 Section 21.8.2 Accessory Buildings, Uses and Structures: One UDC modification that has been suggested in previous discussions with City Council members is the current regulation for Automatic Teller Machines, or ATMs. The current regulation only allows an ATM if the associated bank occupies a space on the same property; however, in current banking practices ATMs are not frequently located on the same property, with more companies moving away from traditional banking methods. In order to provide more convenience for residents and to allow for increased flexibility, the current proposal is to amend the regulations to allow ATMs with or without the associated bank occupying the same property. UDC Amendment: Article 8 Section 21.8.3 Carports, Porte-Chocheres, subsection C. Single Family and Duplex Districts: The proposed UDC amendment for carports within residential districts is to allow for increased flexibility for homeowners desiring to install a carport at their home. The current regulations restrict the location of the carport based on building setback lines established via zoning and require it to be constructed of the same material as the primary structure. Based on HB 2439 the City can no longer require the carport to be of the same material as the home. In order to follow HB 2439, Staff is proposing to eliminate that requirement. In addition, Staff is proposing to amend the setback requirement. Rather than complying with the setbacks outlined via zoning, Staff is proposing to require all carports be a minimum of five (5) feet from any property line. This is more closely aligned with the recent accessory structure setback regulations (i.e. sheds) within residential districts. The current requirement of complying with the zoning setbacks makes it very difficult for most property owners to install a carport; most homes are built right at the building setback line, which does not leave adequate room to install a carport over their driveway and still be in compliance with the setback regulation. The proposed regulation to allow carports that are set back five (5) feet from the property line will allow more homeowners the option of installing a carport on their property. The proposed amendments bring the regulations into compliance with HB 2439 and allow homeowners more flexibility when installing a carport. UDC Amendments: Section 21.3.3, Section 21.3.5, Section 21.4.2, Section 21.12.5, Section 21.12.6, Section 21.12.8, Section 21.12.10, Section 21.12.11, Section 21.12.12, Section 21.12.13, Section 21.12.14, Section 21.9.12 (Master Development Plan, Platting and Site Plan Processing Change): HB 3167 was approved in this year’s Texas Legislative session, which will invalidate how we process certain applications when it goes into effect on September 1, 2019. Specifically, we must revise the way that we process master development plans, plats and site plans. A few of the major items are listed below: Plat Timelines and Waiver of Rights- Prior to the approval of HB 3167 the City had 30-days after a complete application was filed to take action on a plat. Most development applications are not submitted complete and are missing several different items, so it was our practice, in order to improve customer service, to accept mostly complete applications with a voluntary waiver of rights to 30-day action. This way we were able to work with the applicant and accept the application and begin review, but would not take the plat forward for approval until all items were complete and the exhibits met all applicable codes and laws. However, with the changes in HB 3167 we are not able to keep this practice as the bill adds a time limit to the voluntary waiver with a maximum length of 30 additional days (for 60 total days) and only allows for a one-time waiver. Plat Processing- Prior to the approval of HB 3167 the platting process generally entailed the applicant submitting an application, which staff would then review and issue technical review comments on. The applicant would make corrections and changes then resubmit for review. This review cycle would continue until there were no additional comments, at which point the plat would be placed on a Planning and Zoning Commission meeting agenda for action. With the changes from HB 3167, there is not adequate time for staff to review the application, issue comments and review a revised submittal within the 30 -day window, especially as the bill prevents the City from setting a time requirement for revisions to be resubmitted by the applicant. The law states that if the plat is not approved, approved with conditions or denied within the time limits, then the plat will be deemed approved. Plat Approval with Conditions and Denial- Prior to the approval of HB 3167, staff would work with applicants to ensure all regulations, ordinances and laws were met for all plats, so denials and conditional approvals of plats by the Planning and Zoning Commission were very rare. If a plat was denied by the Commission, then a new application would need to be submitted. With the changes from HB 3167 plat denial or conditional approval, staff must issue a letter stating the reasons for conditional approval or denial (with code/law citations), and provide an unlimited amount of opportunities for the applicant to revise and resubmit their plat for reconsideration. It also places a 15-day required action timeline on the revised submittal. This could ultimately lead to automatically approved plats due to inadequate time for staff to thoroughly review the revisions or schedule a Planning and Zoning Commission meeting, as well as decreased customer service due to the potential for an applicant to be stuck in a seemingly unending denial to revision cycle. Master Development Plans and Site Plans – Prior to the approval of HB 3167, master development plans and site plans did not have a state mandated approval timeframe, so staff would diligently work with the applicant through submittal and review cycles to ensure the proposed plans complied with all applicable requirements. With the changes from HB 3167, language was added which institutes the same plat processing requirements and timeframes to site plans and master development plans. The general outline of this new application process was created by our City Attorney in an effort to help standardize the application process under the new regulations outlined in HB 3167 for their clients, and staff has amended this process to best fit Schertz. Due to the City’s inability to control how long an applicant can take to resubmit an application, as well as inadequate staffing resources to guarantee that reviews can be completed within the new timeframes, staff is proposing the following changes to the master development plan, plat and site plan processes: Addition of Letters of Department Certification – As a prerequisite to submitting a master development plan, plat or site plan application, an applicant will need to acquire letters of certification from the appropriate departments, such as Planning & Community Development, Engineering, Fire and Parks and Recreation. It is during the letter of certification step that staff will be preforming the bulk of the technical review, which can include reviews of plans, plats, traffic impact analyses, storm water management plans, and other technical documents. We have also included a guaranteed review timeline for the applicant. While the initial timeframe for review of 90-days seems long, we are typically able to get 1st round comments to the applicant in a much shorter timeframe. The 90-days has been selected to ensure staff has adequate time and is able to complete complicated reviews before the deadline expires and the certification is automatically issued, particularly if it is a large complicated project or submitted during a peak workload time for staff. A 30-day timeline has been selected for review of resubmittals, as this review typically takes less time than the initial review. Addition of Action Deadlines to Master Development Plans and Site Plans- A major change due to HB 3167 is the addition of action deadlines to master development plans and site plans. Due to these new deadlines, staff is proposing to process master development plans and site plans in the same manner as plats, requiring letters of certification from development departments prior to application submittal. Overall Master Development Plan, Plat, and Site Plan Process – With the proposed process changes, the first step in a master development plan, plat or site plan project will be submitting for letters of certification from the appropriate departments. A list of all necessary certifying departments and specific certification submittal requirements are identified in the City’s Development Manual. The Development Manual is a collection of all development applications and checklists and is amended or modified at staff’s discretion. Once a request for certification is submitted, staff will review the application for completeness and if deemed complete will begin review, and if deemed incomplete, correspondence will be sent to the applicant informing them of the application’s deficiencies. The 90-day initial review period starts once the application is complete. The department will review the certification request for compliance with all applicable regulations, ordinances and laws. The department will then notify the applicant of any non-conforming aspects to revise. The applicant will then make changes and resubmit for review. The department will review the resubmittal within 30-days and either issue a certification or additional comments for non-conforming items. Once all necessary certifications required for the master development plan, plat or site plan applications Once all necessary certifications required for the master development plan, plat or site plan applications have been acquired, the applicant may then submit a complete application for review and approval. At this point there should be very little review for staff as the lion’s share of the technical review was completed with the letter of certification process prior to application submittal. Staff will first preform a completeness review of the application and if deemed complete will begin review, and if deemed incomplete, correspondence will be sent to the applicant informing them of the application’s deficiencies. Once an application is deemed complete it is considered filed and the City now has 30 days to approve, conditionally approve or deny the application. At this point staff will review the application and letters of certification to make sure there are no discrepancies in the submitted exhibits, and collect recommendations for approval from all certifying departments. Next the application will be placed on a Planning and Zoning Commission meeting agenda for approval, unless it only requires an administrative approval, which applies to applications such as site plans, minor plats and amending plats. The application is then approved and the applicant can move to the next step in the development process. Approved with Conditions and Denial Cycle- New to the process is a response cycle that is identified in HB3167. As mentioned earlier in this report, when an application is conditionally approved or denied, a letter stating the specific conditions or reasons for denial along with citations to the law must be provided. The applicant can then resubmit at their convenience, addressing the conditions or reasons stated in the letter. The City will have 15-days to review and take action on any resubmittal. A provision that staff may only approve applications and must refer applications for denial or conditional approval to the Planning and Zoning Commission has been included. Appeals to Planning and Zoning Commission Decisions – Staff has amended the appeal process to make the Planning and Zoning Commission the final authority on master development plan, plat and site plan approval decisions. These changes were made to simplify the process, and because City Council has expressed that the Planning & Zoning Commission is the subject matter experts for City development. Aggrieved parties wanting to appeal a decision by the Planning and Zoning Commission would do so by filing in district court. However, keep in mind that if an application is denied by the Commission the applicant may always resubmit revisions and have the item reconsidered. Other Process Changes – In addition to the application process changes, staff is looking to roll out some customer service improvements for development applications. The first is the addition of online certification and application submittals through our existing WebQA portal, similar to how this was done for building permits earlier this year. We are hoping to have this functionality up and running by mid-October. Additionally, staff has started using BlueBeam Revu for digital plan review, which is a huge help for the applicant as they will be receiving marked up plans with comments as opposed to only written text comments. Lastly, staff has started using Microsoft Sharepoint and Microsoft Planner to organize project files and track reviews. These additions are stopgap measures which will allow staff to accept and manage digital submittals and will be replaced when the implementation of the CityView software is complete. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of the amendments to the Schertz Code of Ordinances, Chapter 18 Building Staff recommends approval of the amendments to the Schertz Code of Ordinances, Chapter 18 Building and Building Regulations and Part III Unified Development Code (UDC), including Article 3 Boards, Commissions, and Committees, Article 4 Procedures and Applications, Article 8 Special Uses and General Regulations, Article 9 Site Design Standards, and Article 12 Subdivisions. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments Article 9 Section 21.9.5 and Code of Ord. Section 18-61 and 18-141- Proposed Amendments Article 9 Section 21.9.8.A.2 and 21.9.8.B.2 Fencing- Proposed Amendments Article 8 Section 21.8.2 ATM- Proposed Amendments Article 8 Section 21.8.3 Carports- Proposed Amendments Plat, MDP, Site Plan Application Processing- Proposed Amendments Redlines Plat, MDP, Site Plan Application Processing- Proposed Amendments Clean Text Red Lines showingExisting Regulations and Proposed Changes: Article 9 Section 21.9.5-Exterior Construction and Design Standards Sec. 21.9.5. -Exterior construction and design standards. A. Intent.It is the intent of these design criteria to provide guidelines for new construction in order to provide an aesthetically pleasing appearance as well as ensure sound construction quality. B. Applicability . The provisions of this section are deemed to be minimum standards and shall be applicable to the following: 1. All new buildings within the corporate limits of the City except public schools; and 2. Building expansions which cumulatively increase the gross floor area more than 25% of the original building area except public schools. C. Industrial Buildings . 1. Applicability . This section shall apply to buildings with an industrial use. 2. Exterior Building Materials . Buildings must comply with one of the following:the regulations established via the national model code. a. At least 80% of each wall (excluding windows and doors) shall be finished in one or more of the following materials: • Brick • Stone • Faux brick or stone • Concrete tiltwall • Split face CMU • Stucco • Tile, or b. 100% of the front façade (façade adjacent to or facing a public street) and a total of 75% of the entire building (excluding windows and doors) shall be finished in one or more of the following materials: • Brick • Stone • Faux brick or stone • Concrete tiltwall • Split face CMU • Stucco • Tile 3. Glazing . All buildings must comply with one of the following:the regulations established via the national model code. a. At least 15% of the front facade (façade adjacent to or facing a public street) shall be comprised of windows or glass doors. For buildings that are adjacent to or face two more public streets at least 15% of each façade adjacent to or facing a public street shall be comprised of windows or glass doors. For buildings that are not adjacent to or face a public street, but instead face or front a private drive, the facade that faces or fronts on the private drive that provides for primary access shall be considered as the front facade; or b. Windows and doors may be spread around the building, the minimum amount of required windows or glass doors is calculated as 30% of the front façade (façade adjacent to or facing a public street). For buildings that are adjacent to or facing two or more public streets the minimum amount of required windows or glass doors is calculated as 20% of the total area of the façades adjacent to or facing public streets. 4. Articulation and architectural features . a. Horizontal articulations or offsets are required on any wall greater in length than 100 linear feet, which is adjacent to or facing a public street. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b. Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall. 5. Roof Treatments . Façade articulations shall provide for vertical and horizontal screening ofair conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. D. Commercial Buildings . 1. Applicability . This section shall apply to buildings with a commercial use. 2. Exterior Building Materials . Buildings must comply with the followingthe regulations established via the national model code. a. At least 80% of each wall (excluding windows and doors) shall be finished in one or more of the following primary materials: • Brick • Stone • Faux brick or stone • Tile • Stucco b • Concrete tiltwall c • Split face CMU c . b. Stucco may be used in conjunction with one of the other approved primary materials. Stucco cannot be used for more than 50% of each façade. c. Concrete tiltwall and split face CMU may be used in conjunction with one of the other approved primary materials. Concrete tiltwalland split face CMU cannot be used for more than 30% of each façade. 3. Glazing . All buildings must comply with one of the following:the glazing regulations established via the national model code. a. At least 30% of the front façade (façade adjacent to or facing a public street) shall be comprised of windows or glass doors. For buildings that are adjacent to or face two or more public streets at least 30% of each façade adjacent to or facing a public street shall be comprised of windows or glass doors. For buildings that are not adjacent to or face a public street, but instead face or front a private drive, the facade that faces or fronts on the private drive that provides for primary access shall be considered as the front facade; or b. Windows and doors may be spread around the building, the minimum amount of required windows or glass doors is calculated as 60% of the front façade (façade adjacent to or facing a public street). For buildings that are adjacent to or facing two or more public streets the minimum amount of required windows or glass doors is calculated as 50% of the total area of the façades adjacent to or facing public streets. 4. Articulation and architectural features . a. Horizontal articulations or offsets are required on any wall greater in length than 30 linear feet, which is adjacent to or facing a public street, or adjacent to or facing a side lot line of the property. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b. Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall. 5. Roof Treatments . Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. E. Office/Public Buildings . 1. Applicability . This section shall apply to buildings with a professional office or public use. 2. Exterior Building Materials . Buildings must comply with the following: regulations established via the national model code. a. At least 75% of each wall (excluding windows and doors) shall be finished in one or more of the following materials: • Brick • Stone • Faux brick or stone • Tile • Stucco • Concrete tiltwall b • Split face CMU b b. Concrete tiltwall and split faceCMU may be used in conjunction with one of the other approved primary materials. Concrete tiltwall and split face CMU cannot be used for more than 30% of each façade. 3. Glazing . All buildings must comply with one of the following: the glazing regulations established via the national model code. a. At least 25% of the front façade (façade adjacent to or facing a public street) shall be comprised of windows or glass doors. For buildings that are adjacent to or face two or more public streets at least 20% of each façade adjacent to or facing a public street shall be comprised of windows or glass doors. For buildings that are not adjacent to or face a public street, but instead face or front a private drive, the facade that faces or fronts on the private drive that provides for primary access shall be considered as the front facade; or b. Windows and doors may be spread around the building, the minimum amount of required windows or glass doors is calculated as 50% of the front façade (façade adjacent to or facing a public street). For buildings that are adjacent to or facing two or more public streets the minimum amount of required windows or glass doors is calculated as 40% of the total area of the façades adjacent to or facing public streets. 4. Articulation and architectural features . a. Horizontal articulations or offsets are required on any wall greater in length than 50 linear feet. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b. Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of theentire wall. 5. Roof Treatments . Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. F. Multi-Family Buildings . 1. Applicability . This section shall apply to buildings with a Multifamily Use. 2. Exterior Building Materials . Buildings must comply with one of the following: the regulations established via the national model code. a. At least 80% of each wall (excluding windows and doors) shall be finished in one or more of the following materials: • Brick • Stone • Faux brick or stone • Tile; or b. 100% of the front façade (façade adjacent to or facing a public street) and a total of 80% of the entire building (excluding windows and doors) shall be finished in one or more of the following materials: • Brick • Stone • Faux brick or stone • Tile 3. Articulation andarchitectural features . a. Horizontal articulations or offsets are required on any wall greater in length than 10 linear feet. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varyingdepth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b. Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall. 4. Roof Treatments .Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. G. Single-Family Residential . 1. Exterior Building Materials . Buildings must comply with the following:regulations established via the national model code. a. At least 80% of the entire building façade (excluding windows and doors) shall be finished in one or more of the following materials: • Brick • Stone • Faux brick or stone • Tile • Concrete tiltwall • Stucco • Fiber cement siding UDC Amendment-Schertz Code of Ordinances Section 18-61. Amendments: Current: P2609 Installation of Materials. Cellular core pipe shall be prohibited for all underground uses in all materials. Proposed: P2609 Installation of Materials. Cellular core pipe shall be prohibited for all underground uses in all materials. P2609 Installation of Materials. Cellular core pipe for all underground use will required four (4) inches of granular material to encapsulate the pipe due to soil conditions in the City of Schertz. UDC Amendment-Schertz Code of Ordinances Section 18-141. Amendments: Current: Table 702.3 Building Sewer Pipe. Cellular core pipe shall be prohibited for all underground uses in all materials. Proposed: Table 702.3 Building Sewer Pipe. Cellular core pipe shall be prohibited for all underground uses in all materials. Table 702.3 Building Sewer Pipe. Cellular core pipe for all underground use will required four (4) inches of granular material to encapsulate the pipe due to the soil conditions in the City of Schertz. Clean Copy of Code Language as Proposed: Article 9 Section 21.9.5-Exterior Construction and Design Standards Sec. 21.9.5. -Exterior construction and design standards. A. Intent.It is the intent of these design criteria to provide guidelines for new construction in order to provide an aesthetically pleasing appearance as well as ensure sound construction quality. B. Applicability . The provisions of this section are deemed to be minimum standards and shall be applicable to the following: 1. All new buildings within the corporate limits of the City except public schools; and 2. Building expansions which cumulatively increase the gross floor area more than 25% of the original building area except public schools. C. Industrial Buildings . 1. Applicability . This section shall apply to buildings with an industrial use. 2. Exterior Building Materials . Buildings must comply with the regulations established via the national model code. 3. Glazing . All buildings must comply with the glazing regulations established via the national model code. 4.Articulation and architectural features . a. Horizontal articulations or offsets are required on any wall greater in length than 100 linear feet, which is adjacent to or facing a public street. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b. Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changescan be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall. 5. Roof Treatments . Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. D. Commercial Buildings . 1. Applicability . This section shall apply to buildings with a commercial use. 2. Exterior Building Materials . Buildings must comply with the regulations established via the national model code. 3. Glazing .All buildings must comply with the glazing regulations established via the national model code. 4. Articulation and architectural features . a. Horizontal articulations or offsets are required on any wall greater in length than 30 linear feet, which is adjacent to or facing a public street, or adjacent to or facing a side lot line of the property. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b. Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall. 5. Roof Treatments . Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. E. Office/Public Buildings . 1. Applicability . This section shall apply to buildings with a professional office or public use. 2. Exterior Building Materials . Buildings must comply with the regulations established via the national model code. 3. Glazing . All buildings must comply with the glazing regulations established via the national model code. 4. Articulation and architectural features . a. Horizontal articulations or offsets are required on any wall greater in length than 50 linear feet. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b. Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as theminimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall. 5. Roof Treatments . Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. F. Multi-Family Buildings . 1. Applicability . This section shall apply to buildings with a Multifamily Use. 2. Exterior Building Materials . Buildings must comply with the regulations established via the national model code. 3. Articulation and architectural features . a. Horizontal articulations or offsets are required on any wall greater in length than 10 linear feet. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b. Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall. 4. Roof Treatments . Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. G. Single-Family Residential . 1. Exterior Building Materials . Buildings must comply with the regulations established via the national model code. UDC Amendment-Schertz Code of Ordinances Section 18-61. Amendments: P2609 Installation of Materials. Cellular core pipe for all underground use will required four (4) inches of granular material to encapsulate the pipe due to soil conditions in the City of Schertz. UDC Amendment-Schertz Code of Ordinances Section 18-141. Amendments: Table 702.3 Building Sewer Pipe. Cellular core pipe for all underground use will required four (4) inches of granular material to encapsulate the pipe due to the soil conditions in the City of Schertz. Sec. 21.9.8.A.2. Screening and Fencing in Residential Areas Current Regulation: 2. Fence Materials. a. Materials Permitted. i. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, or other materials traditionally used in private fence construction. ii. Decorative fences shall be constructed of pressure treated wood picket, decorative metal, stone or brick, or a combination thereof. Solid surface area of any decorative fence shall not exceed fifty percent (50%) of the total surface area. b. Prohibited Materials. Above-ground electrical fencing, wire mesh (suchas hog wire or chicken wire), and barbed wire are prohibited except on parcels or lots one acre or greater in size in conjunction with the containment of livestock or farm animals. Proposed UDC Regulations: 2. Fence Materials. a. Materials Permitted. i. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, or other materials traditionally used in private fence construction. ii. Decorative fences shall be constructed of pressure treated wood picket, decorative metal, stone or brick, or a combination thereof. Solid surface area of any decorative fence shall not exceed fifty percent (50%) of the total surface area. Above ground electrical fencing shall be permitted in accordance with the building code. b. Prohibited Materials. Above-ground electrical fencing, wire mesh (such as hog wire orcChicken wire), and barbed wire are prohibited except on parcels or lots one acre or greater in size in conjunction with the containment of livestock or farm animals. Sec. 21.9.8.B.2. Screening and Fencing in Nonresidential & Multifamily Areas Current Regulation: 2. Fence Materials. a. Materials Permitted. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, or other materials traditionally used in private fence construction. b. Prohibited Materials. Above-ground electrical fencing, wire mesh (such as hog wire or chicken wire), screening slats within chain link fences and barbed wire are prohibited except on parcels or lots one (1) acre or greater in size in conjunction with the containment of livestock or farm animals. Proposed UDC Regulations (Electric Allowable & Barb Wire Allowable for PUB Use Only): 2. Fence Materials. a. Materials Permitted. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, above ground electrical fencing or other materials traditionally used in private fence construction. b. Prohibited Materials. Above-ground electrical fencing,wWire mesh (such ashHog wire or chicken wire),screening slats within chain link, and barbed wire are prohibited except on parcels or lots one acre or greater in size in conjunction with the containment of livestock or farm animals, or parcels or lots zoned Public Use District (PUB) and developed for public water and wastewater facilities. UDC Amendment Section 21.8.2. Accessory Buildings, Uses and Structures Current N. Automatic teller machine (ATM) drive-thru structures are not authorized unless the associated bank occupies a space on the same property and has a valid Certificate of Occupancy. Proposed N. Automatic teller machine (ATM) drive-thru structures are not authorized unless the associated bank occupies a space on the same property and has a valid Certificate of Occupancy. N. Automatic teller machine (ATM) drive-thru structures are authorized with or without the associated bank occupying a space on the same property. CarporUDC Amendment Section21.8.3. Carports, Porte-Cocheres Current: C. Single Family and Duplex Districts. 1. Shall be attached to a residence and shall be an integral part of the primary structure; 2. Shall not encroach into a required setback as set by the underlying zoning district; 3. Shall be erected over a driveway constructed of asphalt or concrete; 4. Shall not exceed one (1) story in height; 5. Shall be open on two (2) or more sides; and 6. Shall be constructed of the same material as the primary structure. Proposed: C. Single Family and Duplex Districts. 1. Shall be attached to a residence and shall be an integral part of the primary structure; 2. Shall not encroach into a required setback as set by the underlying zoning district; 2. Shall be set back from the property line a minimum of five feet (5 ); 3. Shall be erected over a driveway constructed of asphalt or concrete; 4. Shall not exceed one (1) story in height; 5. Shall be open on two (2) or more sides; and 6. Shall be constructed of the same material as the primary structure. 1 Proposed UDC Amendment for MDP, Plat and Site Plan Applications Sec. 21.3.3. - Planning and zoning commission. A. Structure of the Commission . The Planning and Zoning Commission is established in accordance with the City Charter and Commission members are appointed by the City Council. B. Duties and Approval Authority . 1. The Planning and Zoning Commission shall have the authority to review and make a recommendation to the City Council on the following applications: a. amendment to the Comprehensive Land Plan; b. establish or amend a zoning district map classification, including creation or amendment of an overlay district; c. rezoning requests including an application for a Specific Use Permit. d. amendment to the UDC; and e. a Development Agreement as set forth in the LGC and this UDC; 2. The Planning and Zoning Commission shall have final approval authority on the following applications: a. Subdivision Master Plan. b. Site Plan; if forwarded by the City Manager or his/her designee b.c. preliminary plat; c.d. final plat; d.e. amending plat; if forwarded by the City Manager or his/her designee. e.f. minor plat; if forwarded by the City Manager or his/her designee. f.g. replat; and g.h. waivers relating to Article 12, Subdivisions. 3. The Planning and Zoning Commission shall have the authority to make final determinations relating to appeals of staff determinations on the following items: a. Required Conditions for Home Occupations and denial of a Home Occupation permit. b. Site Design Standards including Tree Preservation & Mitigation, Revisions to Approved Site Plans. c. Signs & Advertising Devices including general requirements, removal of signs. d. Additional Design Requirements including off street parking, building setback lines, and landscape buffers. e. An appeal of a driveway waiver determination. Sec. 21.3.5. - Administrative authority. A. Authority Granted . The City Manager or his/her designees shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein. B. Administrative Structure . The City Manager is designated as the chief administrative official of the City. The City Manager, at his/her discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager. 2 C. Duties and Approval Authority . 1. The City Manager or his/her designee shall have the authority to review and make a recommendation to the appropriate approval body on the following applications: a. amendment to the Comprehensive Land Plan; b. establish or amend a zoning district map classification, including creation or amendment of an overlay district; c. rezoning requests including an applications for a Specific Use Permit; d. amendment of this UDC; e. annexation; f. a Development Agreement within the City's corporate boundaries and in the City's ETJ; g. Historic Landmark or District Designation; h. an appeal of the decision of any City Board, Commission, Committee or staff as authorized by this UDC; i. Subdivision Master Plan; j. preliminary plat; k. final plat; l. replat; m. a variance, appeal or other application to be considered by the BOA; n. an interpretation, appeal or other application to be considered by the Building and Standards Commission; and o. an interpretation, waiver, appeal or other application to be considered by the Planning & Zoning Commission. 2. The City Manager or his/her designee shall have final approval authority on the following applications: a. a minor plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval; b. an amending plat, as authorized by this UDC, and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval; c. a Certificate of Determination, as authorized by this UDC and LGC Section 212.0115. However, the City Manager or his/her designee may forward the request to the Planning and Zoning Commission for determination; d. a site plan, as authorized by this UDC. However, the City Manager or his/her designee may forward a site plan to the Planning and Zoning Commission for approval; and e. other applications as authorized by this UDC. Sec. 21.4.2. - Initiation of Application. A. Application Submittal. All development applications to be considered by any Board, Commission or Committee, or by the City Council shall be initiated by the filing of the application by the owner of the property on which the permit is applicable or by the owner's designated agent. In the event an application is submitted by a designated agent, the application must be accompanied by a written statement, signed by the owner, authorizing the agent to file the application on the owner's behalf. B. Determination of Application Completeness. 1. All development applications shall be subject to a determination of completeness by the director of the appropriate City departmentCity Manager or his/her designee. 2. No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this UDC and the Development Manual. For a determination of completeness to be issued, an application must include the following: 3 3. Payment of the appropriate fee; 4. An accurate metes and bounds description of the subject property (or other suitable legal description, identifying the property as a lot of record); 5. A survey exhibit and other appropriate exhibits as identified in this Article for the individual permit; and 6.2. Any additional documents, forms or other materials required by the City Manager or his/her designee or identified in this UDC for the processing of a specific Development Application. 7.3. The director of the appropriate City departmentCity Manager or his/her designee may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this UDC. 8.4. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC. 9.5. Not later than the tenth (10th) business day after the date an application is submitted, the director of the appropriate City departmentCity Manager or his/her designee shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this UDC and the Development Manual for the type of permit being requested or other requirements have been submitted. A determination that the application is incomplete shall be sent mailed to the applicant within such time period by email to the address listed on the application or by United States mail at the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information are not submitted within forty- five (45) days after the date the application was submitted. 10.6. An application filed on or after the effective date of this amended and restated UDC shall be deemed complete on the eleventh (11th) business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant shall be deemed to have been notified if the City has emailed or mailed a copy of the determination as provided in subsection 5 above. 11.7. The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing. However, this application may be denied for incompleteness within the forty-five (45) day period. 12.8. A Development Application shall be deemed to expire on the forty-fifty (45th) day after the application is submitted to the City Manager or his/her designee for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this UDC, the Development Manual or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be discarded andreturned to the applicant together with any accompanying documents. Thereafter, a new application must be submitted. 13.9. No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied. C. Application for Letters of Certification 1. Certifying Departments. - Prior to filing an application for Subdivision Plat, Master Development Plan, or Site Plan approval the applicant shall secure letters of certification as required by this UDC. A request for letters of certification and required items shall be filed by the applicant with the following entities as required by the Development Manual: a. Planning and Community Development Department b. Engineering Department c. Fire Department 4 d. Parks and Recreation 2. Application Requirements. Any request for a Letter of Certification shall be accompanied by an application prepared in accordance with the Development Manual. 3. Completeness Review. Upon receipt of a request for letters of certification, the City Manager or his/her designee shall preform a determination of application completeness pursuant to Section 21.4.2.B. 4. Decision. The following procedures shall apply to the issuance of a letter of certification: a. After the City Manager or his/her designee has determined whether the request for letters of certification and required technical data is complete, each certifying department shall issue or deny a letter of certification within ninety (90) days. When a certifying department determines that the proposed plan, plat or any of the required accompanying data does not conform with the requirements of this UDC or other applicable regulations, ordinances or laws, the applicant may at his/her option revise any nonconforming aspects. If any data is revised and resubmitted, the certifying department/agency shall have up to thirty days (30) days from the latest date of submission to issue or deny a letter of certification. b. Failure to Submit Letter of Certification. If a letter of certification is not issued or denied within the time periods prescribed in subsections (D.1), above, the same shall be deemed issued and the applicant may submit an application for master development plan, subdivision plat, or site plan approval, without submitting the letter of certification. 4.5. Issuance Criteria. The letter of certification request is a process for compiling a complete application for master development plan, subdivision, or site plan review. The City Manager or his/her designee, in considering action on a Letter of Certification request should consider the following criteria: a. the certification request complies with all applicable regulations, ordinances and laws including but not limited to the Unified Development Code, Code of Ordinances, Development Manual, Public Works Technical Specifications, and Public Works Design Guide. A letter of certification does not authorize any subdivision or development activity, and any action by the certifying department shall constitute only a recommendation as to whether the activities subject to the request for letters of certification would comply with the applicable development requirements. 6. Scope of Issuance. A letter of certification does not authorize the development or subdivision of land. Upon receipt of all letters of certification, the applicant may submit an application for master development plan, subdivision plat, or site plan approval. Letters of certification shall remain valid for one (1) year from the date of issuance by the certifying department/agency. After that time period, new or updated letters of certification shall be required to file a proposed plat with the planning commission. Each new proposed plat to be filed will be required to obtain new letters of certification prior to application submittal. 7. Amendments. A letter of certification may be amended prior to filing an application for subdivision approval if the proposed amendment: a. Does not increase the number of lots subject to the application b. Does not increase by more than five percent (5%) the lineal footage of roadways or the areas within the paved surface of the street right-of-way c. Does not reduce the amount of open space within the proposed subdivision 5 5.8. Recording Procedures. A letter of certification is not recorded. A letter of certification shall be maintained by the applicant and presented with the proposed application for master development plan, subdivision plat, or site plan approval. D. Application Withdrawal. Any request for withdrawal of an application must be submitted in writing to the director of the appropriate City departmentCity Manager or his/her designee. If notification is required for the application and has been properly given via publication in the newspaper and/or written notification to surrounding property owners, such application must be placed on the agenda. The staff representative shall notify the Board, Commission, Committee or the City Council of the request for withdrawal. The Board, Commission, Committee or the City Council may, at its discretion, accept the request for withdrawal of the application by general consent of the members. Application fees are not refundable unless reimbursement is otherwise authorized by the City Manager or his/her designee director of the appropriate City department. Sec. 21.12.5. - Subdivision Master Plan A. General. Where required by section 21.12.6, a Subdivision Master Plan shall be prepared and submitted in accordance with this Article. B. Submittal Requirements for Subdivision Master Plan. An application for a Subdivision Master Plan shall include the information required by the Development Manual. following information and documents: 1. Completeness Requirements a. appropriate fees; b. application signed and notarized by owner; c. agent authorization letter; d. Legal metes and bounds description; e. subdivision Master Plan checklist; f. traffic Impact Analysis Determination form; g. 15 folded black line or blue line copies at 18"X24" or 24"X36"; h. one (1) folded 11"X17" reduction of exhibit; i. one (1) CD containing a digital copy of the plan in PDF format; and j. completed application for street name approval acknowledged by Bexar Metro 911, the United States Postal Service, and the applicable county Clerk's Office. 2. Technical Requirements a. location/vicinity map with north arrow; b. title block located in lower right corner including subdivision name, acreage, survey name and abstract number, City, County and preparation date; c. legend, if abbreviations or symbols are used; d. name, address and phone number of owner, developer, applicant, and surveyor; e. north arrow; f. graphic and written scale (minimum 1"=100'); g. surveyed property boundaries with bearings and distances; h. legal metes and bounds description with calls matching boundary dimensions and distances; i. lot dimensions; 6 j. location of significant natural features, including floodplains, water courses and wooded areas; k. location of significant manmade features, including railroads, buildings, utilities, or physical features; l. for residential subdivisions, a minimum of two (2) points of public access to existing public streets; m. right-of-way dedications or reservations; n. location of existing and proposed Federal Emergency Management Agency (FEMA) 100- year floodplain limits with elevations; o. existing and proposed topography at five foot (5') contour intervals including drainage channels and creeks; p. outline of all property offered to be dedicated to the City for parkland dedication; q. outline of all property to be maintained as private parkland; r. land use, zoning, subdivision name, owner name and address, and recording information for all adjacent properties; s. schematic layout of tract to be subdivided, any remainder tract, and relationship of proposed subdivision to adjacent properties and existing adjoining development; t. designation of each phase of development, the order of development, and a schedule for the development of each phase; u. table indicating the phasing, acreage, land uses, zoning, and anticipated dwelling units for each phase; v. arterial, collector, and local street layout; w. provision for water, wastewater and storm drainage facilities to serve the development; x. any additional information as requested to clarify the proposed development; y. provide the following notes: i. "The thoroughfare alignments shown on this exhibit are for illustration purposes and do not set the alignment. Alignment is determined at time of final plat"; ii. "According to Flood Insurance Rate Map, Panel __________, dated _________, a 100-year floodplain {does or does not} exist on this site"; iii. "All private open space, common areas, greenbelts, drainage easement etc. are the responsibility of the developer or its successors and/or assigns"; and iv. State any and all waivers requested for the master plan; and z. Provide the following acknowledgement and certificate: "This master plan of the _____________________________ development has been submitted to and considered by the Planning and Zoning Commission of the City of Schertz, Texas and is hereby approved by such Commission. Dated this _____ day of _____________________, 20___ i. By: Chairperson ____________________________ Secretary ____________________________" Sec. 21.12.6. - Subdivision Master Plan Process A. Applicability 7 1. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City limits and throughout the City's ETJ. A Subdivision Master Plan is required to provide for review of certain developments for compliance with the Comprehensive Land Plan, this UDC, any additional adopted plans (i.e. Water, Wastewater, Transportation, Drainage), the compatibility of land uses and the coordination of improvements within and among individual parcels of land or phases of development prior to approval of a preliminary or final plat. 2. A Subdivision Master Plan is required for any development meeting the following criteria: a. the property is undeveloped, is under one (1) ownership, and is greater than fifty (50) acres in size; b. the proposed subdivision of land is to occur in phases; c. the proposed subdivision will require off-site road, drainage or utility connections or improvements that will have a substantial impact or effect on other properties or developments; or d. the property is part of a Development Agreement under section 21.4.10. 3. If a preliminary plat encompasses the entire development, a Subdivision Master Plan will not be required. B. Application Requirements 1. Application Required . Any request for a Subdivision Master Plan shall be accompanied by an application prepared in accordance with the Development Manual. 2. Accompanying Applications. An application for a Subdivision Master Plan may be accompanied by an application for a Preliminary Plat for the first phase of development. C. Processing of Application and Decision 1. Submittal An application for a Subdivision Master Plan shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the proposed plan to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Recommendation by the Parks and Recreation Advisory Board. Prior to application submission consideration by the Planning and Zoning Commission, the Subdivision Master Plan shall be reviewed by the Director of Parks, Recreation and Community Services for consistency with the Parks and Open Space Master Plan and any other applicable plans of the City. The Parks and Recreation Advisory Board shall provide a written recommendation to the Planning and Zoning Commission with respect to the acceptability of any area proposed for dedication as public parkland. 3. Decision by the Planning and Zoning Commission . The Planning and Zoning Commission shall receive the written recommendation of the Director of Parks, Recreation and Community Services and the City Manager or his/her designee and shall consider the proposed Subdivision Master Plan. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission may vote to approve, approve with conditions, or deny the proposed Subdivision Master Plan. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within thirty (30) days after the date of the Planning and Zoning Commission's action. 8 4. Conditional Approval and Denial. If the Commission conditionally approves or denies the plan, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 5. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plan, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously conditionally approved or denied plan no later than the fifteenth (15th) day after the date the response was submitted. 3.6. Acceptance of Subdivision Master Plan Approval of a Subdivision Master Plan by the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the master plan as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a Preliminary Plat in accordance with the requirements of this UDC. D. Criteria for Approval. The Planning and Zoning Commission, in considering final action on a Subdivision Master Plan, should consider the following criteria: 1. the Subdivision Master Plan is consistent with all zoning requirements for the property or any development regulations approved as part of a Development Agreement; 2. the proposed provision and configuration of roads, water, wastewater, drainage and park facilities are adequate to serve each phase of the subdivision; 3. the schedule of development is feasible and prudent and assures that the proposed development will progress to completion within the time limits proposed; 4. if the land lies within a Planned Development (PDD) zoning district or is part of an approved Development Agreement, the proposed Subdivision Master Plan conforms to the PDD district regulations and is consistent with the incorporated Conceptual Plan or any development regulations contained in the approved Development Agreement; and 5. the location, size and sequence of the phases of development proposed assures orderly and efficient development of the land subject to the plan. E. Expiration and Extension. 1. Expiration. The approval of a Subdivision Master Plan shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a Preliminary Plat for any portion of the land subject to the Subdivision Master Plan. If a Preliminary Plat has not been approved within the two (2) year period, the Subdivision Master Plan approval shall expire and the plan shall be null and void. 2. Extension. At the request of the property owners or their representative, the expiration date for approval of a Subdivision Master Plan may be extended by the Planning and Zoning Commission for a period not to exceed one (1) year. A Subdivision Master Plan is not subject to reinstatement following expiration. F. Revisions Following Approval of Subdivision Master Plan. 1. Minor Changes. Minor changes in the design of the subdivision subject to a Subdivision Master Plan may be incorporated in an application for approval of a Preliminary Plat without the necessity of filing a new application for approval of a Subdivision Master Plan. Minor changes shall include adjustment in street or alley alignments, lengths, and paving details, and adjustment of lot lines that do not result in creation of additional lots, provided that such changes are consistent with any approved prior applications. 9 2. Amendments. All other proposed changes to the design of the subdivision subject to an approved Subdivision Master Plan shall be deemed major amendments that require submittal and approval of a new application for approval of a revised Subdivision Master Plan before approval of a Preliminary Plat. Sec. 21.12.8. - Preliminary Plat Process A. Applicability. 1. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A Preliminary Plat is required to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this UDC. 2. A Preliminary Plat may be submitted for any phase of development consistent with an approved Subdivision Master Plan. Where a Subdivision Master Plan is not required and the area to be platted is part of a larger tract of land, the Preliminary Plat must encompass the entire tract of land under ownership of the subdivider and shall provide a preliminary layout of streets, lots, blocks, utilities and drainage for the larger tract. A final plat may be submitted for individual lots to be platted out of the larger parcel. B. Application Requirements. 1. Application Required . Any request for a Preliminary Plat shall be accompanied by an application prepared in accordance with the Development Manual. 2. Accompanying Applications. An application for a Preliminary Plat may be accompanied by an application for a Master Plan for the entire area to be platted or for any portion of the proposed Preliminary Plat. C. Processing of Application and Decision. 1. Submittal. An application for a Preliminary Plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Decision by the Planning and Zoning Commission. The Planning and Zoning Commission shall receive the written recommendation of the City Manager or his/her designee and shall consider the proposed Preliminary Plat. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a Preliminary Plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a Preliminary Plat that does not satisfy all applicable regulations of this UDC. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within thirty (30) days after the date of the Planning and Zoning Commission's action. 3. Conditional Approval and Denial. If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 10 4. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Preliminary Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously denied plat or conditionally approved, if forwarded to the commission by the City Manager or his/her designee, no later than the fifteenth (15th) day after the date the response was submitted. 2.5. Acceptance of Preliminary Plat. Approval of a Preliminary Plat by the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the plat as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a final plat in accordance with the requirements of this UDC. D. Criteria for Approval. The Planning and Zoning Commission, in considering final action on a Preliminary Plat, should consider the following criteria: 1. the plat is consistent with all zoning requirements for the property or any approved Development Agreement; 2. the plat conforms to the general layout of the Subdivision Master Plan (if applicable) and is consistent with the phasing plan approved therein; 3. the proposed provision and configuration of roads, water, wastewater, drainage and park facilities conform to the master facilities plans for the facilities, including without limitation the water facilities, wastewater facilities, transportation, drainage and other master facilities plans; and 4. the proposed provision and configuration of roads, water, wastewater, drainage and park facilities, and easements and rights-of-way are adequate to serve the subdivision. E. Expiration and Extension. 1. Expiration. The approval of a Preliminary Plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a final plat for any portion of the land subject to the Preliminary Plat. If a final plat has not been approved within the two year period, the Preliminary Plat approval, unless extended, shall expire and the plat shall be null and void. 2. Extension. At the request of the property owners or their representative, the expiration date for approval of a Preliminary Plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A Preliminary Plat is not subject to reinstatement following expiration. F. Revisions Following Approval of Preliminary Plat. 1. Minor Changes. Minor changes in the design of the subdivision subject to a Preliminary Plat may be incorporated in an application for approval of a Final Plat without the necessity of filing a new application for approval of a Preliminary Plat. Minor changes shall include a revision to plat notes, a revision to street or alley lengths, paving details, scrivener's errors, adjustment of lot lines that do not result in the increase or creation of additional lots or additional acreage, or changes or clarifications to easements, provided that such changes are consistent with any approved prior applications. 2. Major changes include the reconfiguration of street or alley alignments, the addition of streets or alleys, an increase in the number of lots or acreage, the addition or revision of a unit previously approved by the Preliminary Plat, any change to the open space dedication requirement, changes to drainage, changes to flood plain data, and any other changes that may not be included herein as determined by the Planning Department. Major changes shall require submittal of a revised master plan and Preliminary Plat which is submitted and processed the same as a new Master Development Plan application and new Preliminary Plat application. 11 3. Amendments. All other proposed changes to the design of the subdivision subject to an approved Preliminary Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Plat before approval of a Final Plat. Approval of major revisions to an approved Preliminary Plat shall occur prior to the date any approved Subdivision Master Plan would have expired for the same land. Sec. 21.12.10. - Final Plat Process A. Applicability. 1. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A Final Plat is required to assure that the division or development of the land subject to the plat is consistent with all standards of this UDC pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this UDC to enable initiation of site preparation activities for any lot or tract subject to the plat. Approval of a Final Plat shall be required prior to any non-exempt division of land and prior to any site preparation activities for a lot or tract of land that requires installation of public improvements on or adjacent thereto. 2. A Final Plat may be submitted for any phase of development consistent with an approved Preliminary Plat. B. Application Requirements 1. Application Required . Any request for a Final Plat shall be accompanied by an application prepared in accordance with the Development Manual. 2. Accompanying Applications. An application for a Final Plat shall be accompanied by a letter of approval from the City Engineer and/or the Director of Public Works approving the public infrastructure improvement construction plans showing details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers and other engineering details of the proposed subdivision. Such plans shall be prepared by a registered professional engineer and shall conform to the standard specifications established by the City. Approval of any public infrastructure improvement plans is required prior to Final Plat application. C. Processing of Application and Decision. 1. Submittal. An application for a Final Plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Decision by the Planning and Zoning Commission. The Planning and Zoning Commission shall receive the written recommendation of the City Manager or his/her designee and shall consider the proposed Final Plat. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a Final Plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a Final Plat that does not satisfy all applicable regulations of this UDC. The applicant may appeal the decision of the Planning and 12 Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within thirty (30) days after the date of the Planning and Zoning Commission's action. 3. Conditional Approval and Denial. If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 4. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously denied plat or conditionally approved, if forwarded to the commission by the City Manager or his/her designee, no later than the fifteenth (15th) day after the date the response was submitted. D. Criteria for Approval. The Planning and Zoning Commission, in considering final action on a Final Plat, should consider the following criteria: 1. the Final Plat conforms to the approved Preliminary Plat, except for minor changes that may be approved without the necessity of revising the approved Preliminary Plat; and 2. the final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this UDC. E. Expiration and Extension. 1. Expiration. The approval of a Final Plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the Final Plat has not been recorded within the two (2) year period, the Final Plat approval, unless extended, shall expire and the plat shall be null and void. 2. Extension. At the request of the property owner or their representative, the expiration date for approval of a Final Plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A Final Plat is not subject to reinstatement following expiration. F. Revisions Following Approval of to Final Plat. 1. Minor Changes. An applicant may make minor changes to an approved Final Plat to reflect changes arising from installation of public improvements thereafter, provided that the approved Final Plat has not been recorded and that approval of the revised Final Plat occurs prior to expiration of approval of the initial Final Plat application. The City Manager or his/her designee is authorized to approve minor changes to an approved Final Plat. If the approved Final Plat has been recorded, an amending plat or replat must be approved and recorded. Minor changes shall include a revision to plat notes, a revision to street or alley lengths, paving details, scrivener's errors, adjustment of lot lines that do not result in the increase or creation of additional lots or additional acreage, or changes or clarifications to easements, provided that such changes are consistent with any approved prior applications. 2. Major Changes. Major changes include the reconfiguration of street or alley alignments, the addition of streets or alleys, an increase in the number of lots or acreage, the addition or revision of a unit previously approved by the Preliminary Plat, any change to the open space dedication requirement, changes to drainage, changes to flood plain data, and any other changes that may not be included herein as determined by the City Manager or his/her designee. Major changes shall require submittal of a revised Final Plat which is submitted and processed the same as a new final plat application. 13 3. Amendments. All other proposed changes to the design of the subdivision subject to an approved Final Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Plat before approval of a Final Plat. Approval of major revisions to an approved Preliminary Plat shall occur prior to the date any approved Subdivision Master Plan would have expired for the same land. G. Recording Procedures. After approval of a Final Plat and acceptance of required public improvements or execution of an Improvement Agreement pursuant to Sec.21.4.15, the applicant may submit all necessary items to the City to record the plat in the County Land Records. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an Improvement Agreement, the City Manager or his/her designee shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. No Final Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. 1. Approved Final Plat. An applicant may make minor changes to an approved Final Plat to reflect changes arising from installation of public improvements thereafter, provided that the approved Final Plat has not been recorded and that approval of the revised Final Plat occurs prior to expiration of approval of the initial Final Plat application. The City Manager or his/her designee is authorized to approve minor changes to an approved Final Plat. If the approved Final Plat has been recorded, an amending plat or replat must be approved and recorded. 2. Conditionally Approved or Denied Plat. Following conditional approval or denial of a Final Plat application, the applicant may submit a revised Final Plat application, together with any revised public infrastructure improvement construction plans, for approval. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. Revisions to a plat which was denied shall be approved by the Planning and Zoning Commission. Approval of a revised plat is required prior to the original expiration date of any approved Preliminary Plat for the same land. a. Filing of security in-lieu of completing construction shall be in accordance with section 21.4.15. Where public infrastructure improvements have been installed prior to recording of the plat, the property owner shall submit a warranty bond in accordance with section 21.4.15 from each contractor, three sealed sets of "as built" plans or record drawings, and one (1) CD containing a digital copy of all plans (in a format as determined by the Department of Public Works), together with a letter stating the contractors' compliance with section 21.4.15, and bearing sealed certification by the design engineer that all public improvements have been constructed in compliance with all City construction standards. The property owner also shall submit copies of the approved Final Plat with any required revisions on mylars and in the format and number required by the Planning Division. Where public improvements have yet to be completed in connection with an approved Final Plat, the property owner shall submit in the format and number required by the City Manager or his/her designee, copies of the approved Final Plat with any required revisions on mylars and in the format and number required by the Planning Division for signing and recording. b. Upon notification of acceptance of required public improvements or filing of security in- lieu of infrastructure construction, the City Manager or his/her designee shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. 14 G. No Final Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. Sec. 21.12.11. - Minor Plat Process. A. Applicability. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A minor plat may be submitted for approval where the proposed division of land involves four (4) or fewer lots fronting onto an existing street and not requiring the creation of any new street or the extension of municipal facilities. B. Application Requirements . Any request for a minor plat shall be accompanied by an application prepared in accordance with the Development Manual. C. Processing of Application and Decision. 1. Submittal. An application for a minor plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shallmay, at his/her option, forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. 2. Minor Plat Approval. In accordance with LGC Section 212.0065, the City Manager or his/her designee may approve a minor plat. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not approve with conditions or disapprove a minor plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed.If a minor plat is referred to the Planning and Zoning Commission, the Planning and Zoning Commission shall act on the plat within thirty (30) days after the date of the City Manager or his/her designee's determination. 3. Conditional Approval and Denial. If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 4. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously conditionally approved or denied plat no later than the fifteenth (15th) day after the date the response was submitted. 2. Contents of Minor Plat. An application for a minor plat shall include the same information and documents required for approval of a Final Plat in accordance with section 21.12.9. D. Criteria for Approval. The City Manager or his/her designee in considering final action on a minor plat should consider the following criteria: 1. the minor plat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement; 2. all lots to be created by the plat already are adequately served by all required City utilities and infrastructure; and 15 3. the plat does not require the extension of any municipal facilities to serve any lot within the subdivision. E. Expiration and Extension. 1. Expiration. The approval of a minor plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission on appeal, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the minor plat has not been recorded within the two (2) year period, the plat approval, unless extended, shall expire and the plat shall be deemed null and void. 2. Extension. At the request of the property owners or their representative, the expiration date for approval of a minor plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A minor plat is not subject to reinstatement following expiration. F. Plat Recordation. The property owner shall submit the approved minor plat and any other required items, following any required revisions, to the City Manager or his/her designee, who shall cause the plat to be recorded in the property records of the county in which the land is located. No Minor Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. Sec. 21.12.12. - Amending Plat Process A. Applicability. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. An amending plat may be filed in accordance with the procedures and requirements set forth in LGC section 212.016 and may be recorded and is controlling over the preceding plat without vacation of that plat and without notice and hearing, if the amending plat is signed and acknowledged by the owners of the property being replatted and is solely for one (1) or more of the following purposes: 1. to correct an error in a course or distance shown on the preceding plat; 2. to add a course or distance that was omitted on the preceding plat; 3. to correct an error in a real property description shown on the preceding plat; 4. to indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; 5. to show the location or character of a monument which has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; 6. to correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; 7. to correct an error in courses and distances of lot lines between two (2) adjacent lots if: a. both lot owners join in the application for amending the plat; b. neither lot is abolished; c. the amendment does not attempt to remove recorded covenants or restrictions; and d. the amendment does not have a materially adverse effect on the property rights of the other owners in the plat; 8. to relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; 9. to relocate one or more lot lines between one or more adjacent lots if: a. the owners of all those lots join in the application for amending the plat; b. the amendment does not attempt to remove recorded covenants or restrictions; or c. the amendment does not increase the number of lots; 10. to make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if: 16 a. the changes do not affect applicable zoning and other regulations of the municipality; b. the changes do not attempt to amend or remove any covenants or restrictions; and c. the area covered by the changes is located in an area that the Planning and Zoning Commission or City Council has approved, after a public hearing, as a residential improvement area; or 11. to replat one or more lots fronting on an existing street if: a. the owners of all those lots join in the application for amending the plat; b. the amendment does not attempt to remove recorded covenants or restrictions; c. the amendment does not increase the number of lots; and d. the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. B. Application Requirements . Any request for an amending plat shall be accompanied by an application prepared in accordance with the Development Manual. C. Processing of Application and Decision. 1. Submittal. An application for an amending plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at his/her option, forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. 2. Amending Plat Approval. In accordance with LGC section 212.0065, the City Manager or his/her designee may approve an amending plat. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not disapprove an amending plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed If an amending plat is referred to the Planning and Zoning Commission, the Planning and Zoning Commission shall act on the plat within thirty (30) days after the date of the City Manager or his/her designee's determination. 3. Conditional Approval and Denial. If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 4. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously denied plat or conditionally approved, if forwarded to the Commission by the City Manager or his/her designee, no later than the fifteenth (15th) day after the date the response was submitted. 2. Planning and Zoning Commission Review of Administratively Approved Plats. The City Manager or his/her designee shall provide a quarterly report to the Planning and Zoning Commission containing a summary of plats that have been administratively approved during that quarter and shall include a copy of the approved plat for review by the Planning and Zoning Commission. 17 D. Contents of Amending Plat. An application for an amending plat shall include the same information and documents required for approval of a Final Plat in accordance with section 21.12.9. E.D. Expiration and Extension. 1. Expiration. The approval of an amending plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission. on appeal, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the amending plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. 2. Extension. At the request of the property owners or their representative, the expiration date for approval of an amending plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. An amending plat is not subject to reinstatement following expiration. F.E. Plat Recordation. The property owner shall submit the approved Amending Plat and any other required items, following any required revisions, to the City Manager or his/her designee, who shall cause the plat to be recorded in the property records of the county in which the land is located. No Amending Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. Sec. 21.12.13. - Replat Process. A. Applicability. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A replat is any plat that complies with LGC sections 212.014, 212.0145, and 212.015, as amended, which is generally submitted to replat a subdivision or part of a subdivision without vacation of the original plat. Replatting a portion of a recorded lot is not permitted. A replat does not itself constitute approval for development of the property. B. Application Requirements . Any request for a replat shall be accompanied by an application prepared in accordance with the Development Manual. C. Processing of Application and Decision. 1. Submittal. An application for a replat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements. An application for a replat which is accompanied by a waiver or variance request requires notification in accordance with LGC section 212.015. Published notice and written notice to property owners within 200 feet who are also within the original subdivision shall be provided in accordance with the requirements of LGC. 3. Decision by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing and receive the recommendation of the City Manager or his/her designee and shall consider the proposed replat. A public hearing shall be held if the proposed replat is accompanied by a waiver or variance request in accordance with LGC Sec.212.015. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a 18 replat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a replat that does not satisfy all applicable regulations of this UDC. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within thirty (30) days after the date of the Planning and Zoning Commission's action. 4. Conditional Approval and Denial. If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 5. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously conditionally approved or denied plat no later than the fifteenth (15th) day after the date the response was submitted. D. Contents of Replat. An application for a replat shall include the same information and documents required for approval of a final plat in accordance with section 21.12.9. E.D. Criteria for Approval. The Planning and Zoning Commission in considering final action on a replat should consider the following criteria: 1. the replat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement; 2. the replat is signed and acknowledged by only the owners of the property being replatted; 3. a public hearing was held and parties in interest and citizens have had an opportunity to be heard; and 4. the replat does not attempt to amend or remove any covenants or restrictions. F.E. Protests. If the replat application is accompanied by a variance petition and is protested in accordance with this section, approval of the replat shall require the affirmative vote of at least three-fourths (¾) of the members of the Planning and Zoning Commission present at the meeting. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the replat application and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission prior to the close of the public hearing. In computing the percentage of land area under this section, the area of streets and alleys shall be included. G.F. Expiration and Extension. 1. Expiration. The approval of a replat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the replat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. 2. Extension. At the request of the property owners or their representative, the expiration date for approval of a replat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A replat is not subject to reinstatement following expiration. G. Plat Recordation. The property owner shall submit the approved replat, following any required revisions, to the City Manager or his/her designee, who shall cause the plat to be recorded in the 19 property records of the county in which the land is located After approval of a Replat Plat and acceptance of required public improvements or execution of an Improvement Agreement pursuant to Sec.21.4.15, if applicable, the applicant may submit all necessary items to the City to record the plat in the County Land Records. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an Improvement Agreement, the City Manager or his/her designee shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded Sec. 21.12.14. – Vacating Plat Process. A. Applicability. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A vacating plat does not itself constitute approval for development of the property. B. Application Requirements . Any request for a vacating plat shall be accompanied by an application prepared in accordance with the Development Manual as well as an application for a replat. C. Processing of Application and Decision. 1. Submittal. An application for a vacating plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. After appropriate review, the City Manager or his/her designee shall forward a recommendation to the Planning and Zoning Commission for consideration. 1. Decision by the Planning and Zoning Commission. The Planning and Zoning Commission shall receive the written recommendation of the City Manager or his/her designee and shall consider the proposed vacating plat. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a vacating plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a replat that does not satisfy all applicable regulations of this UDC. 2. Conditional Approval and Denial. If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 3. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously conditionally approved or denied plat no later than the fifteenth (15th) day after the date the response was submitted. D. Criteria for Approval. The Planning and Zoning Commission in considering final action on a replat should consider the following criteria: 1. the vacating plat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement; 2. the vacating plat is signed and acknowledged by all owners of lots in the original plat. E. Expiration and Extension. 20 1. Expiration. The approval of a vacating plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the vacating plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. 2. Extension. At the request of the property owners or their representative, the expiration date for approval of a vacating plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A vacating plat is not subject to reinstatement following expiration. B. Recording Procedures. After approval of a Vacating Plat and associated Replat, acceptance of required public improvements or execution of an Improvement Agreement pursuant to Sec.21.4.15, if applicable, the applicant may submit all necessary items to the City to record the vacating plat and replat in the County Land Records. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an Improvement Agreement, the City Manager or his/her designee shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. No Final Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. Sec. 21.9.12. - Site plan process. A. Purpose and Applicability. 1. Purpose. This section establishes a Site Plan review process for certain proposed residential, nonresidential, and mixed-use developments. The purpose of Site Plan approval is to: a. ensure compliance with the requirements of this UDC; b. promote better site design; c. integrate projects more effectively into their surrounding environment; d. prevent the impairment or depreciation of property values; e. improve internal vehicular and pedestrian circulation; f. encourage quality and innovative site planning techniques; g. project and enhance the overall general public health, safety and welfare; h. ensure efficient and safe land development; i. ensure harmonious use of land; j. ensure compliance with the Comprehensive Land Plan and other appropriate design standards; and k. ensure adequate parking and loading, water supply, drainage and storm water management, sanitary sewer facilities, and other utilities and services. 2. Applicability. Site Plan review and approval shall be required as follows: a. for any development that contains two (2) or more residential dwelling units on a single tract, lot, or parcel of land; b. for any development that contains single-family attached dwelling units; c. for any non-residential development; d. any increase in an existing non-residential structure or a residential structure that contains two (2) or more residential dwelling units that is greater than twenty-five percent (25%) of the existing building square footage; e. for any PDD or SUP; 21 f. for any single-family residential development that includes a private amenity or facility or a golf course; and g. no building permit shall be issued for any of the above developments until a Site Plan and all other required engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the approved Site Plan and associated engineering/construction plans. The Site Plan review process shall include, but not be limited to, the following steps: i. pre-application conference; ii. site Plan review and approval; and iii. construction of project (after City approval of required Site Plan and other associated plans, including platting and engineering plans). 3. Exempted Uses. The following land use activities are exempted from the requirements of this Article: a. construction of one- or two-family dwellings, ordinary accessory structures and related land use activities; b. ordinary repair and maintenance of existing structures or uses; c. agricultural land use; d. incidental landscaping or grading; e. individual manufactured homes; and f. interior alterations that do not substantially change the nature or use of the structure. B. Application Requirements . Any request for Site Plan approval shall be accompanied by an application prepared in accordance with the Development Manual. C. Processing of Application and Decision. 1. Submittal. An application for a Site Plan shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the proposed plan to the other appropriate departments for review and recommendation. may, at his/her option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. 2. Site Plan Approval. The City Manager or his/her designee may approve a site plan. The City Manager or his/her designee may, for any reason, elect to present the site plan for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not approve with conditions or disapprove a site plan and shall be required to refer any site plan for which approval is refused to the Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning Commission shall act on the plan within thirty (30) days after the date a complete application is filed. 3. Conditional Approval and Denial. If the Commission conditionally approves or denies the plan, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 4. Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plan, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the site plan. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously denied plan or conditionally approved plan, if forwarded to the 22 commission by the City Manager or his/her designee, no later than the fifteenth (15th) day after the date the response was submitted. Contents of a Site Plan . An application for a Site Plan shall include the information required by the Development Manual. C.D. Criteria for Approval. The City Manager or his/her designee Development Services Department and City administrative staff, in considering final action on a Site Plan, should consider the following criteria: 1. the Site Plan is consistent with the general purpose and intent of the applicable zoning district regulations; 2. the Site Plan is compatible with adjacent developments and neighborhoods and includes improvements to mitigate development related adverse impacts; 3. the Site Plan does not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing traffic patterns in the area; 4. the Site Plan incorporates features to minimize adverse effects on adjacent properties; 5. adequate capacity of public or private facilities for water, sewer, electricity and transportation to and through the development are provided to the site; 6. the proposed use and associated Site Plan promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City. D.E. Revisions to Approved Site Plan. Changes to an approved Site Plan shall be processed in the same manner as the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved Site Plan, may be authorized by the City Manager or his/her designee. An aggrieved party may appeal the decision of the City Manager or his/her designee to the Planning and Zoning Commission in accordance with the provisions of this UDC. E.F. Expiration of Site Plan. A Site Plan shall expire if any of the following occurs: 1. a building permit, if any, for the use has not been approved within two (2) years after the approval of a Specific Use Permit; 2. a building permit has not been approved within two (2) years after the approval of a Site Plan as part of a planned development district; 3.1. a building permit has not been approved within two (2) years for the construction of any building on the property for which the Site Plan was approved; and 4.2. a building permit that was approved as a result of an approved Site Plan expires within two (2) years after approval of the Site Plan. 1 Proposed UDC Amendment for MDP, Plat and Site Plan Applications Sec. 21.3.3. -Planning and zoning commission. A.Structure of the Commission . The Planning and Zoning Commission is established in accordance with the City Charter and Commission members are appointed by the City Council. B.Duties and Approval Authority . 1.The Planning and Zoning Commission shall have the authority to review and make a recommendation to the City Council on the following applications: a.amendment to the Comprehensive Land Plan; b.establish or amend a zoning district map classification, including creation or amendment of an overlay district; c.rezoning requests including an application for a Specific Use Permit. d.amendment to the UDC; and e.a Development Agreement as set forth in the LGC andthis UDC; 2.The Planning and Zoning Commission shall have final approval authority on the following applications: a.Subdivision Master Plan. b.Site Plan; if forwarded by the City Manager or his/her designee c.preliminary plat; d.final plat; e.amending plat; if forwarded by the City Manager or his/her designee. f.minor plat; if forwarded by the City Manager or his/her designee. g.replat; and h.waivers relating to Article 12, Subdivisions. 3.The Planning and Zoning Commission shall have the authority to make final determinations relating to appeals of staff determinations on the following items: a.Required Conditions for Home Occupations and denial of a Home Occupation permit. b.Site Design Standards including Tree Preservation & Mitigation, Revisions to Approved Site Plans. c.Signs & Advertising Devices including general requirements, removal of signs. d.Additional Design Requirements including off street parking, building setback lines, and landscape buffers. e.An appeal of a driveway waiver determination. Sec. 21.3.5. -Administrative authority. A.Authority Granted . The City Manager or his/her designees shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein. B.Administrative Structure . The City Manager is designated as the chief administrative official of the City. The City Manager, at his/her discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager. 2 C.Duties and Approval Authority . 1.The City Manager or his/her designee shall have the authority to review and make a recommendation to the appropriate approval body on the following applications: a.amendment to the Comprehensive Land Plan; b.establish or amend a zoning district map classification, including creation or amendment of an overlay district; c.rezoning requests including an applications for a Specific Use Permit; d.amendment of this UDC; e.annexation; f.a Development Agreement within the City's corporate boundaries and in the City's ETJ; g.Historic Landmark or District Designation; h.an appeal of the decisionof any City Board, Commission, Committee or staff as authorized by this UDC; i.Subdivision Master Plan; j.preliminary plat; k.final plat; l.replat; m.a variance, appeal or other application to be considered by the BOA; n.an interpretation, appeal or other applicationto be considered by the Building and Standards Commission; and o.an interpretation, waiver, appeal or other application to be considered by the Planning & Zoning Commission. 2.The City Manager or his/her designee shall have final approval authority on the following applications: a.a minor plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval; b.an amending plat, as authorized by this UDC, and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval; c.a Certificate of Determination, as authorized by this UDC and LGC Section 212.0115. However, the City Manager or his/her designee may forward the request to the Planning and Zoning Commission for determination; d.a site plan, as authorized by this UDC. However, the City Manager or his/her designee may forward a site plan to the Planning and Zoning Commission for approval;and e.other applications as authorized by this UDC. Sec. 21.4.2. -Initiation of Application. A.Application Submittal.All development applications to be considered by any Board, Commission or Committee, or by the City Council shall be initiated by the filing of the application by the owner of the property on which the permit is applicable or by the owner's designated agent. In the event an application is submitted by a designated agent, the application must be accompanied by a written statement, signed by the owner, authorizing the agent to file the application on the owner's behalf. B.Determination of Application Completeness. 1.All development applications shall be subject to a determination of completeness by the City Manager or his/her designee. 2.No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this UDCand the Development Manual. 3 3.The City Manager or his/her designeemay from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this UDC. 4.A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC. 5.Not later than the tenth (10th) business day after the date an application is submitted, the City Manager or his/her designeeshall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this UDCand the Development Manualfor the type of permit being requested or other requirements have been submitted. A determination that the application is incomplete shall besent to the applicant within such time period byemailto the address listed on the applicationorbyUnited States mail at the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information are not submitted within forty-five (45) days after the date the application was submitted. 6.An application filed on or after the effective date of this amended and restated UDC shall be deemed complete on the eleventh (11th) business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant shall be deemed to have been notified if the City has emailed or mailed a copy of the determination as provided in subsection 5 above. 7.The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing. However, this application may be denied for incompleteness within the forty-five (45) day period. 8.A Development Application shall be deemed to expire on the forty-fifty (45th) day after the application is submitted to the City Manager or his/her designee for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this UDC, the Development Manualor other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be discardedanda new application must be submitted. 9.No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied. C.Application for Letters of Certification 1.Certifying Departments.-Prior to filing an application for Subdivision Plat, Master Development Plan, or Site Plan approval the applicant shall secure letters of certification as required by this UDC.A request for letters of certification and required items shall be filed by the applicant with the following entities as requiredby the Development Manual: a.Planning and CommunityDevelopment Department b.Engineering Department c.Fire Department d.Parks and Recreation 2.Application Requirements.Any request for a Letter of Certification shall be accompanied by an application prepared in accordance with the Development Manual. 3.Completeness Review.Upon receipt of a request for letters of certification, the City Manager or his/her designee shall preform a determination of application completeness pursuant to Section 21.4.2.B. 4 4.Decision.The following procedures shall apply to the issuance of a letter of certification: a.After the City Manager or his/her designeehasdetermined whether the request for letters of certification and required technical data is complete, each certifying department shall issue or deny a letter of certification within ninety (90)days. When a certifying department determines that the proposed plan, plat or any of the required accompanying data does not conform with the requirements of this UDCor other applicable regulations, ordinances or laws, the applicant may at his/her option revise any nonconforming aspects. If any data is revised and resubmitted, the certifying department/agency shall have up to thirty days (30) days from the latest date of submission to issue or deny a letter of certification. b.Failure to Submit Letter of Certification. If a letter of certification is not issued or denied within the time periods prescribed in subsections (D.1), above, the same shall be deemed issued and the applicant may submit an application formaster development plan,subdivision plat, or site planapproval, without submitting the letter of certification. 5.IssuanceCriteria. The letter of certification request is a process for compiling a complete application formaster development plan,subdivision, or site planreview. The City Manager or his/her designee, in considering action on a Letter of Certification request should consider the following criteria: a.the certification request complieswith all applicable regulations, ordinances and laws including but not limited to the Unified Development Code, Code of Ordinances, Development Manual, Public Works Technical Specifications, and Public Works Design Guide. Aletter of certification does not authorize any subdivision or development activity, and any action by the certifying department shall constitute only a recommendation as to whether the activities subject to the request for letters of certification would comply with theapplicable development requirements. 6.Scope of Issuance.A letter of certification does not authorize the development or subdivision of land. Upon receipt of all letters of certification, the applicant may submit an application for master development plan, subdivision plat, or site planapproval. Letters of certification shall remain valid for one (1) year from the date of issuance by the certifying department/agency. After that time period, new or updated letters of certification shall be required to file a proposed plat with the planning commission. Each new proposed plat to be filed will be required to obtain new letters of certification prior to application submittal. 7.Amendments.A letter of certification may be amended prior to filing an application for subdivision approval if the proposed amendment: a.Does not increase the number of lots subject to the application b.Does not increase by more than five percent (5%) the lineal footage of roadways or the areas within the paved surface of the street right-of-way c.Does not reduce the amount of open space within the proposed subdivision 8.Recording Procedures.A letter of certification is not recorded. A letter of certification shall be maintained by the applicant and presented with the proposed application for master development plan, subdivision plat, or site planapproval. D.Application Withdrawal.Any request for withdrawal of an application must be submitted in writing to the City Manager or his/her designee. If notification is required for the application and has been properly given via publication in the newspaper and/or written notification to surrounding property owners, such application must be placed on the agenda. The staff representative shall notify the 5 Board, Commission, Committee or the City Council of the request for withdrawal. The Board, Commission, Committee or the City Council may, at its discretion, accept the request for withdrawal of the application by general consent of the members. Application fees are not refundable unless reimbursement is otherwise authorized by theCity Manager or his/her designee. Sec. 21.12.5. -Subdivision Master Plan A.General.Where required by section 21.12.6, a Subdivision Master Plan shall be prepared and submitted in accordance with this Article. B.Submittal Requirements for Subdivision Master Plan.An application for a Subdivision Master Plan shall include theinformation required by the Development Manual. Sec. 21.12.6. -Subdivision Master Plan Process A.Applicability 1.The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City limits and throughout the City's ETJ. A Subdivision Master Plan is required to provide for review of certain developments for compliance with the Comprehensive Land Plan, this UDC, any additional adopted plans (i.e. Water, Wastewater, Transportation, Drainage), the compatibility of land uses and the coordination of improvements within and among individual parcels of land or phases of development prior to approval of a preliminary or final plat. 2.A Subdivision Master Plan is required for any development meeting the following criteria: a.the property is undeveloped, is under one (1) ownership, and is greater than fifty (50) acres in size; b.the proposed subdivision of land is to occur in phases; c.the proposed subdivision will require off-site road, drainage or utility connections or improvements that will have a substantial impact or effect on other properties or developments; or d.the property is part of a Development Agreement under section 21.4.10. 3.If a preliminary plat encompasses the entire development, a Subdivision Master Plan will not be required. B.Application Requirements 1.Application Required . Any request for a Subdivision Master Plan shall be accompanied by an application prepared in accordance with the Development Manual. 2.Accompanying Applications.An application for a Subdivision Master Plan may be accompanied by an application for a Preliminary Plat for the first phase of development. C.Processing of Application and Decision 1.Submittal An application for a Subdivision Master Plan shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the proposed plan to other appropriate departments for review and recommendation.After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2.Recommendation by the Parks and Recreation Advisory Board.Prior to application submission , the Subdivision Master Plan shall be reviewed by the Director of Parks, Recreation and Community Services for consistency with the Parks and Open Space Master 6 Plan and any other applicable plans of the City. The Parks and Recreation Advisory Board shall provide a written recommendation with respect to the acceptability of any area proposed for dedication as public parkland. 3.Decision by the Planning and Zoning Commission . The Planning and Zoning Commission shall receive the written recommendation of the Director of Parks, Recreation and Community Services and the City Manager or his/her designee and shall consider the proposed Subdivision Master Plan. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed.The Planning and Zoning Commission may vote to approve, approve with conditions, or deny the proposed Subdivision Master Plan. 4.Conditional Approval and Denial.If the Commission conditionally approves or denies the plan, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 5.Applicant Response to Conditional Approval or Denial.After the conditional approval or denial of a plan, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously conditionally approved or denied plan no later than the fifteenth (15th) day after the date the response was submitted. 6.Acceptance of Subdivision Master Plan Approval of a Subdivision Master Plan by the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the master plan as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a Preliminary Plat in accordance with the requirements of this UDC. D.Criteria for Approval.The Planning and Zoning Commission, in considering final action on a Subdivision Master Plan, should consider the following criteria: 1.the Subdivision Master Plan is consistent with all zoning requirements for the property or any development regulations approved aspart of a Development Agreement; 2.the proposed provision and configuration of roads, water, wastewater, drainage and park facilities are adequate to serve each phase of the subdivision; 3.the schedule of development is feasible and prudent and assures that the proposed development will progress to completion within the time limits proposed; 4.if the land lies within a Planned Development (PDD) zoning district or is part of an approved Development Agreement, the proposed Subdivision Master Plan conforms to the PDD district regulations and is consistent with the incorporated Conceptual Plan or any development regulations contained in the approved Development Agreement; and 5.the location, size and sequence of the phases of development proposed assures orderly and efficient development of the land subject to the plan. E.Expiration and Extension. 1.Expiration.The approval of a Subdivision Master Plan shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a Preliminary Plat for any portion of the land subject to the Subdivision Master Plan. If a Preliminary Plat has not been approved within the two(2) year period, the Subdivision Master Plan approval shall expire and the plan shall be null and void. F.Revisions Following Approval of Subdivision Master Plan. 7 1.Minor Changes.Minor changes in the design of the subdivision subject to a Subdivision Master Plan may be incorporated in an application for approval of a Preliminary Plat without the necessity of filing a new application for approval of a Subdivision Master Plan. Minor changes shall include adjustment in street or alley alignments, lengths, and paving details, and adjustment of lot lines that do not result in creation of additional lots, provided that such changes are consistent with any approved prior applications. 2.Amendments.All other proposed changes to the design of the subdivision subject to an approved Subdivision Master Plan shall be deemed major amendments that require submittal and approval of a new application for approval of a revised Subdivision Master Plan before approval of a Preliminary Plat. Sec. 21.12.8. -Preliminary Plat Process A.Applicability. 1.The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A Preliminary Plat is required to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this UDC. 2.A Preliminary Plat may be submitted for any phase of development consistent with an approved Subdivision Master Plan. Where a Subdivision Master Plan is not required and the area to be platted is part of a larger tract of land, the Preliminary Plat must encompass the entire tract of land under ownership of the subdivider and shall providea preliminary layout of streets, lots, blocks, utilities and drainage for the larger tract. A final plat may be submitted for individual lots to be platted out of the larger parcel. B.Application Requirements. 1.Application Required . Any request for a Preliminary Plat shall be accompanied by an application prepared in accordance with the Development Manual. 2.Accompanying Applications.An application for a Preliminary Plat may be accompanied by an application for a Master Plan for the entire area to be platted or for any portion of the proposed Preliminary Plat. C.Processing of Application and Decision. 1.Submittal.An application for a Preliminary Plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2.Decision by the Planning andZoning Commission.The Planning and Zoning Commission shall receive the written recommendation of the City Manager or his/her designee and shall consider the proposed Preliminary Plat. The Planning and Zoning Commission shall act on the plat within thirty(30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a Preliminary Plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a Preliminary Plat that does not satisfy all applicable regulations of this UDC. 3.Conditional Approval and Denial.If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 8 4.Applicant Response to Conditional Approval or Denial.After the conditional approval or denial of a plat, the applicant may submit a written response that satisfieseach condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Preliminary Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously denied plat or conditionally approved, if forwarded to the commission by the City Manageror his/her designee,no later than the fifteenth (15th) day after the date the response was submitted. 5.Acceptance of Preliminary Plat.Approval of a Preliminary Plat by the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the plat as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a final plat in accordance with the requirements of this UDC. D.Criteria for Approval.The Planning and Zoning Commission, in considering final action on a Preliminary Plat, should consider thefollowing criteria: 1.the plat is consistent with all zoning requirements for the property or any approved Development Agreement; 2.the plat conforms to the general layout of the Subdivision Master Plan (if applicable) and is consistent with the phasing plan approved therein; 3.the proposed provision and configuration of roads, water, wastewater, drainage and park facilities conform to the master facilities plans for the facilities, including without limitation the water facilities, wastewater facilities, transportation, drainage and other master facilities plans; and 4.the proposed provision and configuration of roads, water, wastewater, drainage and park facilities, and easements and rights-of-way are adequate to serve the subdivision. E.Expiration and Extension. 1.Expiration.The approval of a Preliminary Plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a final plat for any portion of the land subject to the Preliminary Plat. If a final plat has not been approved within the two year period, the Preliminary Plat approval, unless extended, shall expire and the plat shall be null andvoid. 2.Extension.At the request of the property owners or their representative, the expiration date for approval of a Preliminary Plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A Preliminary Plat is not subject to reinstatement following expiration. F.Revisions Following Approval of Preliminary Plat. 1.Minor Changes.Minor changes in the design of the subdivision subject to a Preliminary Plat may be incorporated in an application for approval of a Final Plat without the necessity of filing a new application for approval of a Preliminary Plat. Minor changes shall include a revision to plat notes, a revision to street or alley lengths, paving details, scrivener's errors, adjustment of lot lines that do not result in the increase or creation of additional lots or additional acreage, or changes or clarifications to easements, provided that such changes are consistent with any approved prior applications. 2.Major changes include the reconfiguration of street or alley alignments, the addition of streets or alleys, an increase in the number of lots or acreage, the addition or revision of a unit previously approved by the Preliminary Plat, any change to the open space dedication requirement, changes to drainage, changes to flood plain data, and any other changes that may not be included herein as determined by the Planning Department. Major changes shall require submittal of a revised master plan and Preliminary Platwhich is submitted and processed the same as a new Master Development Plan application and new Preliminary Plat application. 9 3.Amendments.All other proposed changes to the design of the subdivision subject to an approved Preliminary Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Plat before approval of a Final Plat. Sec. 21.12.10. -Final Plat Process A.Applicability. 1.The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A Final Plat is required to assure that the division or development of the land subject to the plat is consistent with all standards of this UDC pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this UDC to enable initiation of site preparation activities for any lot or tract subject to the plat. Approval of a Final Plat shall be required prior to any non-exempt division of land and prior to any site preparation activities for a lot or tract of land that requires installation of public improvements on or adjacent thereto. 2.A Final Plat may be submitted for any phase of development consistent with an approved Preliminary Plat. B.Application Requirements 1.Application Required . Any request for a Final Plat shall be accompanied by an application prepared in accordance with the Development Manual. 2.Accompanying Applications.An application for a Final Plat shall be accompanied by a letter of approval from the City Engineer and/or the Director of Public Works approving the public infrastructure improvement construction plans showing details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers and other engineering details of the proposed subdivision. Such plans shall be prepared by a registered professional engineer and shall conform to the standard specifications established by the City. Approval of any public infrastructure improvement plans is required prior to Final Plat application. C.Processing of Application and Decision. 1.Submittal.An application for a Final Plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2.Decision by the Planning and Zoning Commission.The Planning and Zoning Commission shall receive the written recommendation of the City Manager or his/her designee and shall consider the proposed Final Plat. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a Final Plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a Final Plat that does not satisfy all applicable regulations of this UDC. 3.Conditional Approval and Denial.If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval orreason for denial. Each condition or reason specified 10 in the written statement may not be arbitrary and must include a citation to theregulation, ordinance, orlaw that is the basis for the conditional approval or denial. 4.Applicant Response to Conditional Approval or Denial.After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously denied plator conditionally approved, if forwarded to the commission by the City Manager or his/her designee,no later than the fifteenth (15th) day after the date the response was submitted. D.Criteria for Approval.The Planning and Zoning Commission, in considering final action on a Final Plat, should consider the following criteria: 1.the Final Plat conforms to the approved Preliminary Plat, except for minor changes that may be approved without the necessity of revising the approved Preliminary Plat; and 2.the final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this UDC. E.Expiration and Extension. 1.Expiration.The approval of a Final Plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the Final Plat has not been recorded within the two (2) year period, the Final Plat approval, unless extended, shall expire and the plat shall be null and void. 2.Extension.At the request of the property owner or their representative, the expiration date for approval of a Final Plat may be extended by the Planning and Zoning Commission for a period notto exceed six (6) months. A Final Plat is not subject to reinstatement following expiration. F.RevisionsFollowing Approval ofFinal Plat. 1.Minor Changes.An applicant may make minor changes to an approved Final Plat to reflect changes arising from installation of public improvements thereafter, provided that the approved Final Plat has not been recorded and that approval of the revised Final Plat occurs prior to expiration of approval of the initial Final Plat application. The City Manager or his/her designee is authorized to approve minor changes to an approved Final Plat. If the approved Final Plat has been recorded, an amending plat or replat must be approved and recorded. Minor changes shall include a revision to plat notes, a revision to street or alley lengths, paving details, scrivener's errors, adjustment of lot lines that do not result in the increase or creation of additional lots or additional acreage, or changes or clarifications to easements, provided that such changes are consistent with any approved prior applications. 2.Major Changes. Major changes include the reconfiguration of street or alley alignments, the addition of streets or alleys, an increase in the number of lots or acreage, the addition or revision of a unit previously approved by the Preliminary Plat, any change to the open space dedication requirement, changes to drainage, changes to flood plain data, and any other changes that may not be included herein as determined by the City Manager or his/her designee. Major changes shall require submittal of a revised Final Platwhichis submitted and processed the same as a new final plat application. 3.Amendments.All other proposed changes to the design of the subdivision subject to an approved Final Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Plat before approval of a Final Plat. Approval of major revisions to an approved Preliminary Plat shall occur prior to the date any approved Subdivision Master Plan would haveexpired for the same land. 11 G.Recording Procedures.After approval of a Final Plat and acceptance of required public improvements or execution of an Improvement Agreement pursuant to Sec.21.4.15, the applicant may submit all necessary items to the City to record the plat in the County Land Records. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an Improvement Agreement, the City Manager or his/her designee shall procure the signatureof the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. No Final Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. Sec. 21.12.11. -Minor Plat Process. A.Applicability.The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A minor plat may be submitted for approval where the proposed division of land involves four (4) or fewer lots fronting onto an existing street and not requiring the creation of any new street or the extension of municipal facilities. B.Application Requirements . Any request for a minor plat shall be accompanied by an application prepared in accordance with the Development Manual. C.Processing of Application and Decision. 1.Submittal.An application for a minor plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shallforward a copy of the plat to other appropriate departments for review and recommendation. 2.Minor Plat Approval.In accordance with LGC Section 212.0065, the City Manager or his/her designee may approve a minor plat. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall notapprove with conditions ordisapprove a minor plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning Commission shall act on the platwithin thirty (30) days after the date a complete application is filed. 3.Conditional Approval and Denial.If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to theregulation, ordinance, orlaw that is the basis for the conditional approval ordenial. 4.Applicant Response to Conditional Approval or Denial.After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously conditionally approved or denied plat no later than the fifteenth (15th) day after the date the response was submitted. D.Criteria for Approval.The City Manager or his/her designee in considering final action on a minor plat should consider the following criteria: 1.the minorplat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement; 12 2.all lots to be created by the plat already are adequately served by all required City utilities and infrastructure; and 3.the plat does not require the extension of any municipal facilities to serve any lot within the subdivision. E.Expiration and Extension. 1.Expiration.The approval of a minor plat shall remain in effectfor a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission. If the minor plat has not been recorded within the two (2) year period, the plat approval, unless extended,shall expire and the plat shall be deemed null and void. 2.Extension.At the request of the property owners or their representative, the expiration date for approval of a minor plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A minor plat is not subject to reinstatement following expiration. F.Plat Recordation.The property owner shall submit the approved minor platand any other required items, to the City Manager or his/her designee, who shall cause the plat to be recorded in the property records of the county in which the land is located.No Minor Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. Sec. 21.12.12. -Amending Plat Process A.Applicability.The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. An amending plat may be filed in accordance with the procedures and requirements set forth in LGC section 212.016 and may be recorded and is controlling over the preceding platwithout vacation of that plat and without notice and hearing, if the amending plat is signed and acknowledged by the owners of the property being replatted and is solely for one (1) or more of the following purposes: 1.to correct an error in a course or distance shown on the preceding plat; 2.to add a course or distance that was omitted on the preceding plat; 3.to correct an error in a real property description shown on the preceding plat; 4.to indicate monuments set after the death, disability, or retirement frompractice of the engineer or surveyor responsible for setting monuments; 5.to show the location or character of a monument which has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; 6.to correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; 7.to correct an error in courses and distances of lot lines between two (2) adjacent lots if: a.both lot owners join in the application for amending the plat; b.neither lot is abolished; c.the amendment does not attempt to remove recorded covenants or restrictions; and d.the amendment does not have a materially adverse effect on the property rights of the other owners in the plat; 8.to relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; 9.to relocate one or more lot linesbetween one or more adjacent lots if: a.the owners of all those lots join in the application for amending the plat; b.the amendment does not attempt to remove recorded covenants or restrictions; or c.the amendment does not increase the number of lots; 13 10.to make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if: a.the changes do not affect applicable zoning and other regulations of the municipality; b.the changes do not attempt to amend or remove any covenants or restrictions; and c.the area covered by the changes is located in an area that the Planning and Zoning Commission or City Council has approved, after a public hearing, as a residential improvement area; or 11.to replat one or more lots fronting on an existing street if: a.the owners of all those lots join in the application for amending the plat; b.the amendment does not attempt to remove recorded covenants or restrictions; c.the amendment does not increase the number of lots; and d.the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. B.Application Requirements . Any request for an amending plat shall be accompanied by an application prepared in accordance with the Development Manual. C.Processing of Application and Decision. 1.Submittal.An application for an amending plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at his/her option, forward a copy of the plat to other appropriate departments for review and recommendation. 2.Amending Plat Approval.In accordance with LGC section 212.0065, the City Manager or his/her designee may approve an amending plat. The City Manager or his/her designee may, for any reason, electto present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not disapprove an amending plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission.The City Manager or his/her designee or the Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed 3.Conditional Approval and Denial.If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial. 4.Applicant Response to Conditional Approval or Denial.After the conditional approval or denialof a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditionalapproval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously denied plat or conditionally approved, if forwarded to the Commission by the City Manager or his/her designee, no later than the fifteenth (15th) day after the date the response was submitted. D.Expiration and Extension. 1.Expiration.The approval of an amending plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission.If the amending plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. 2.Extension.At the request of the property owners or their representative, the expiration date for approval of an amending plat may be extended by the Planning and Zoning Commission for a 14 period not to exceed six (6) months. An amending plat is not subject to reinstatement following expiration. E.Plat Recordation.The property owner shall submit the approved Amending Platand any other required items, to the City Manager or his/her designee, who shall cause the plat to be recorded in the property records of the county in which the land is located.No Amending Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. Sec. 21.12.13. -Replat Process. A.Applicability.The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A replat is any plat that complies with LGC sections 212.014, 212.0145, and 212.015, as amended, which is generally submitted to replat a subdivision or part of a subdivision without vacation of the original plat. Replatting a portion of a recorded lot is not permitted. A replat does not itself constitute approval for development of the property. B.Application Requirements . Any request for a replat shall be accompanied by an application prepared in accordance with the Development Manual. C.Processing of Application and Decision. 1.Submittal.An application for a replat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. After appropriate review, the City Manager or his/her designee shall forward a recommendation to the Planning and Zoning Commission for consideration. 2.Notification Requirements.An application for a replat which is accompanied by a waiver or variance request requires notification in accordance withLGC section 212.015. Published notice and written notice to property owners within 200 feet who are also within the original subdivision shall be provided in accordance with the requirements of LGC. 3.Decision by the Planning and Zoning Commission.The Planning and Zoning Commission shall receive the recommendation of the City Manager or his/her designee and shall consider the proposed replat.A public hearing shall be held if the proposed replat is accompanied by a waiver or variance request in accordance with LGC Sec.212.015.The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a replat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a replat that does not satisfy all applicable regulations of this UDC. 4.Conditional Approval and Denial.If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to theregulation, ordinance, orlaw that is the basis for the conditional approval or denial. 5.Applicant Response to Conditional Approval or Denial.After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny 15 the applicant’s previously conditionally approved or denied plat no later than the fifteenth (15th) day after the date the response was submitted. D.Criteria for Approval.The Planning and Zoning Commission in considering final action on a replat should consider the following criteria: 1.the replat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement; 2.the replat is signed and acknowledged by only the owners of the property being replatted; 3.a public hearing was held and parties in interest and citizens have had an opportunity to be heard; and 4.the replat does not attempt to amend or remove any covenants or restrictions. E.Protests.If the replat application is accompanied by a variance petition and is protested in accordance with this section, approval of the replat shall require the affirmative vote of at least three-fourths (¾) of the members of the Planning and Zoning Commission present at the meeting. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the replat application and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission prior to the closeof the public hearing. In computing the percentage of land area under this section, the area of streets and alleys shall be included. F.Expiration and Extension. 1.Expiration.The approval of a replat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the replat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. 2.Extension.At the request of the property owners or their representative, the expiration date for approval of a replat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A replat is not subject to reinstatement following expiration. G.Plat Recordation.After approval of a Replat Plat and acceptance of required public improvements or execution of an Improvement Agreement pursuant to Sec.21.4.15, if applicable, the applicant may submit all necessary items to the City to record the plat in the County Land Records. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an Improvement Agreement, the City Manager or his/her designee shall procure the signature of the chair of the Planning andZoning Commission on the plat and shall promptly cause the plat to be recorded Sec. 21.12.14. Vacating Plat Process. A.Applicability.The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A vacating plat does not itself constitute approval for development of the property. B.Application Requirements . Any request for a vacating plat shall be accompanied by an application prepared in accordance with the Development Manual as well as an application for a replat. C.Processing of Application and Decision. 1.Submittal.An application for a vacatingplat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. After appropriate 16 review, the City Manager or his/her designee shall forward a recommendation to the Planning and Zoning Commission for consideration. 1.Decision by the Planning and Zoning Commission.The Planning and Zoning Commission shall receive the written recommendation of the City Manager or his/her designee and shall consider the proposed vacating plat. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a vacating plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a replat that does not satisfy all applicable regulations of this UDC. 2.Conditional Approval and Denial.If the Commission conditionally approves or denies the plat, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to theregulation, ordinance, orlaw that is the basis for the conditional approval or denial. 3.Applicant Response to Conditional Approval or Denial.After the conditional approval or denial of a plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the Final Plat. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously conditionally approved or denied plat no later than the fifteenth (15th) day after the date the response was submitted. D.Criteria for Approval.The Planning and Zoning Commission in considering final action on a replat should consider the following criteria: 1.the vacating plat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement; 2.the vacating plat is signed and acknowledged by all owners of lots in the original plat. E.Expiration and Extension. 1.Expiration.The approval of a vacating plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the vacating plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. 2.Extension.At the request of the property owners or their representative, the expiration date for approval of a vacating plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A vacating plat is not subject to reinstatement following expiration. B.Recording Procedures.After approval of a Vacating Plat and associated Replat, acceptance of required public improvements or execution of an Improvement Agreement pursuant to Sec.21.4.15, if applicable, the applicant may submit all necessary items to the City to record the vacating plat and replat in the County Land Records. Upon receipt of the plat recording submittal and notification of acceptance of required public improvements or execution of an Improvement Agreement, the City Manager or his/her designee shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. No Final Plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. 17 Sec. 21.9.12. -Site plan process. A.Purpose and Applicability. 1.Purpose.This section establishes a Site Plan review process for certain proposed residential, nonresidential, and mixed-use developments. The purpose of Site Plan approval is to: a.ensure compliance with the requirements of this UDC; b.promote better site design; c.integrate projects more effectively into their surrounding environment; d.prevent the impairment or depreciation of property values; e.improve internal vehicular and pedestrian circulation; f.encourage quality and innovative site planning techniques; g.project and enhance the overall general public health, safety and welfare; h.ensure efficient and safe land development; i.ensure harmonious use of land; j.ensure compliance with the Comprehensive Land Plan and other appropriate design standards; and k.ensure adequate parking and loading, water supply, drainage and storm water management, sanitary sewer facilities, and other utilities and services. 2.Applicability.Site Plan review and approval shall be required as follows: a.for any development that contains two (2) or more residential dwelling units on a single tract, lot, or parcel of land; b.for any development that contains single-family attached dwelling units; c.for any non-residential development; d.any increase in an existing non-residential structure or a residential structure that contains two (2) or more residential dwelling units that is greater than twenty-five percent (25%) of the existing building square footage; e.for any PDD or SUP; f.for any single-family residential development that includes a private amenity or facility or a golf course; and g.no building permit shall be issued for any of the above developments until a Site Plan and all other required engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the approved Site Plan and associated engineering/construction plans. The Site Plan review process shall include, but not be limited to, the following steps: i.pre-application conference; ii.site Plan review and approval; and iii.construction of project (after City approval of required Site Plan and other associated plans, including platting and engineering plans). 3.Exempted Uses.The following land use activities are exempted from the requirements of this Article: a.construction of one-or two-family dwellings, ordinary accessory structures and related land use activities; b.ordinary repair and maintenance of existing structures or uses; c.agricultural land use; d.incidental landscaping or grading; e.individual manufactured homes; and 18 f.interior alterations that do not substantially change the nature or use of the structure. B.Application Requirements . Any request for Site Plan approval shall be accompanied by an application prepared in accordance with the Development Manual. C.Processing of Application and Decision. 1.Submittal. An application for a Site Plan shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designeeshall forward a copy of the proposed plan to the other appropriate departments for review and recommendation. 2.Site Plan Approval. The City Manager or his/her designee may approve a site plan. The City Manager or his/her designee may, for any reason, elect to present the site plan for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not approve with conditions or disapprove a site plan and shall be required to refer any site plan for which approval is refused to the Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning Commission shall act on the planwithin thirty (30) days after the date a complete application is filed. 3.Conditional Approval and Denial.If the Commission conditionally approves or denies the plan, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to theregulation, ordinance, orlaw that is the basis for the conditional approval or denial. 4.Applicant Response to Conditional Approval or Denial.After the conditional approval or denial of a plan, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the site plan. The Planning and Zoning Commission shall determine whether to approve or deny the applicant’s previously denied plan or conditionally approved plan, if forwarded to the commission by the City Manager or his/her designee,no later than the fifteenth (15th) day after the date the response was submitted. D.Criteria for Approval.The City Manager or his/her designeein considering final action on a Site Plan, should consider the following criteria: 1.the Site Plan is consistent with the general purpose and intent of the applicable zoning district regulations; 2.the Site Plan is compatible with adjacent developments and neighborhoods and includes improvements to mitigate development related adverse impacts; 3.the Site Plan does not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing traffic patterns in the area; 4.the Site Plan incorporates features to minimize adverse effects on adjacent properties; 5.adequate capacity of public or private facilities for water, sewer, electricity and transportation to and through the development are provided to the site; 6.the proposed use and associatedSite Plan promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City. E.Revisions to Approved Site Plan. Changes to an approved Site Plan shall be processed in the same manner as the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved Site Plan, may be authorized by the City Manager or his/her designee. 19 F.Expiration of Site Plan.A Site Plan shall expire if any of the following occurs: 1.a building permit has not been approved within two (2) years for the construction of any building on the property for which the Site Plan was approved; and 2.a building permit that was approved as a result of an approved Site Plan expires within two (2) years after approval of the Site Plan. PLANNING AND ZONING COMMISSION MEETING: 08/28/2019 Agenda Item 5 A   TO:Planning and Zoning Commission PREPARED BY:Bryce Cox, Senior Planner SUBJECT:Consider and make a recommendation to City Council regarding an amendment to the Planning and Zoning Commission Bylaws. BACKGROUND Staff is proposing changes to the Planning and Zoning Commission bylaws due to the approval of House Bill 3167 in this year's Texas Legislative Session. Specifically staff is proposing to insert language requiring a Commission member who makes a motion to conditionally approve, deny, recommend conditional approval or recommend denial of an agenda item to provide the reasons for the conditional approval or denial with the motion. Additionally, a citation to the law, ordinance or regulation must also be provided when the motion pertains to a master development plan, plat, or site plan application.  Staff is also proposing a change to prohibit abstention votes unless there is a legal obligation such as a conflict of interest. The rationale for this is two-fold. First, all members of the Commission are duty bound to consider and act on all items presented before them unless there is a legal obligation not to (such as a conflict of interest). Second, because the changes from HB 3167 require that a written statement be provided of the conditions for the conditional approval or reasons for the denial that clearly articulates each specific condition or reason and includes a citation to the law, ordinance or regulation that is the basis for the conditional approval or denial for master development plans, plats and site plans. The bylaws currently count a  "no legal obligation" abstention vote as a "no" vote. Without adopting the proposed changes it is possible to deny a master development plan, plat, or site plan without a justification, which would be a violation of state law. Additionally, it is possible to have a motion for approval fail due to "no legal obligation" abstention votes.  Staff recommends approval of the proposed Planning and Zoning Commission bylaws. Attachments Proposed Bylaw Amendments  Planning and Zoning Commission Bylaws Section 1 – Purpose The Planning and Zoning Commission shall: A. Review and approve or make recommendations on applications as set forth in the City of Schertz Unified Development Code. B. Make recommendations regarding the implementation of the City’s Comprehensive Plan. Section 2 – Membership and Officers A. The Planning and Zoning Commission shall be composed of seven (7) members and one (1) additional member who shall serve as an alternate. The alternate will not be seated unless one of the regular members is not in attendance at the start of the meeting. If seated, an alternate shall serve in place of the regular member even if the regular member arrives late. Four (4) members shall make a quorum. B. Commissioners shall reside within the corporate limits of the City. C. Commissioners shall serve two (2) year staggered terms with the terms of 3 Commissioners and the alternate expiring in odd numbered years and 4 Commissioners expiring in even numbered years. D. Terms shall expire on May 31. E. The Commission shall hold elections for a chair who shall serve as the presiding officer and vice chair at the first meeting in August of each year. Special elections shall be held as needed if the chair or vice chair’s membership ends during their term. Section 3 – Meetings A. Meetings shall generally be held on the second and fourth Wednesday of the month. Meetings will be cancelled if there are no items to be considered. The meeting schedule may be adjusted to account for holidays. B. Special meetings may be called as needed. C. The Commission may establish committees as needed. D. Meetings shall comply with the Texas Government Code Chapter 551 (Texas Open Meetings Act). E. Each meeting shall provide for citizens to be heard generally as per City Council meetings. CITIZENS’ RIGHTS 1 Addressing the Commission. Any person desiring to address the Commission by oral communication shall first secure the permission of the presiding officer. 2 Manner of Addressing the Commission – Time Limit. Each person addressing the Commission shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address in an audible tone of voice for the record, and, unless further time is granted by the Commission, shall, subject to Section E4 below, limit his/her remarks to three (3) minutes or less. All remarks shall be addressed to the Commission as a body, and not to any individual member thereof. No person, other than members of the Commission or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Commission, unless requested or approved by the presiding officer. No questions shall be asked of the Commission members, except through the presiding officer. Responses to questions may be limited as required by State law. 3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Commission or otherwise while in attendance at a Commission meeting, may be requested to leave the meeting, if after receiving a warning from the presiding officer a person persists in disturbing the meeting, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Commission with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section E2 above) interested persons may speak, subject to the Commission members’ right to appeal the presiding officer’s ruling pursuant to Section F6. Subject to modification by the presiding officer, and subject to the Commission members’ right of appeal pursuant to Section F6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Commission by any interested person(s); (iii) discussion by the presiding officer and Commission members, including requests for information from City staff or any person(s) who addressed the Commission; and (iv) action by the Commission, if any is posted on the agenda relating to the hearing. 5 Written Communications. Interested persons, or their authorized representatives, may address the Commission by written communication in regard to any matter concerning the City’s business or over which the Commission has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Commission members. 6 Hearing of Residents. There shall be included on the agenda of each Planning and Zoning Commission meeting an item labeled “Hearing of Residents”. After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Commission on items on or not on the agenda at that time, providing they have completed the “Hearing of Residents” form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Commission prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for “Hearing of Residents” must speak during the “Hearing of Residents” portion of the meeting. Commission members and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section E2, unless otherwise authorized by the presiding officer. F. Motions and Meeting Procedures are as follows: 1 Motions. A Commission member, after he/she obtains the floor, or the presiding officer may make a motion on the particular subject of discussion or a procedural point as permitted. A “Second” to the motion, if required, must be made by a Commission member who did not make the motion within a reasonable but brief time period. The presiding officer may not “Second” a motion. A motion or a “Second” merely implies that the maker of the motion and the person who “Seconds” agree that the motion should come before the meeting and not that he/she necessarily favors the motion. Without a “Second”, if required, the motion dies. If a motion is made to conditionally approve, deny, recommend conditional approval or recommend denial of an agenda item, the Commission member must also state the reasons for conditional approval, denial, recommend conditional approval or recommend denial, and provide a citation to the regulation, ordinance, and/or law as required by the Unified Development Code. 2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 3. Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (1 type)*. When any motion is pending, any motion listed above it on the chart below is in order, those below it are out of order. ** Mandatory if seconded; no vote required *** Unless not allowed Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 4 members 2 2/3 Vote Meeting Conduct Motions point of privilege yes no no no yes no no point of procedure or order yes no no no yes no no to appeal a ruling no yes yes no no yes no to recess no yes yes yes no yes no Disposition Motions to withdraw yes no no no yes no no to postpone no yes yes yes no yes no to refer no yes yes yes no yes no to amend no yes yes yes no yes no to limit or close debate or ”call the question” no yes yes yes no no yes to extend debate no yes yes yes no yes no to count the vote no yes no no no** no no Main Motions to reconsider yes yes if original motion was debatable no no yes no to rescind no yes yes yes no no yes to take action no yes yes yes no Yes*** no 4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Commission member to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Commission member(s). In essence, it is a call to the presiding officer for the purpose of assuring a Commission member’s convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer’s ruling can be appealed to a vote of the Commission. Whenever a Commission member questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer’s ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Commission members is required. 7 To Recess. A motion to recess requests a brief interruption of the meeting’s business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Commission members is required. 8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker’s privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Commission member later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Commission to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Commission members is required. 10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section F14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of four (4) Commission members is required. 11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of four (4) Commission members is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 12 To Limit or Close Debate or “Call the Question”. Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer’s determination. A motion to close debate is the same as a motion to “call the question”. Because this motion affects the most fundamental right of any Commission member, the right to speak one’s views, it is the only procedural motion that requires an affirmative vote of two-thirds of participants voting. 13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of “yeas” and “nays” cannot clearly resolve the issue. It represents the right of a Commission member to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result—and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 14 Motion to Reconsider. Allows a main motion to be brought back before the Commission for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of the Commission. Any Commission member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the Commission, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the presiding officer does not state the question on the reconsideration until the immediately pending business is completed. 15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the Commission and must be made at the same meeting at which the subject matter of the motion was considered, and it requires a two-thirds vote of the commission members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the Commission cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Commission. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Commission are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Commission members is required unless a greater vote is prescribed by the Charter or State law. 17 Effect of Abstentions; action on required Abstentions; Effect of non-required Abstentions. The following rules shall apply when a Commission Member abstains from voting on an item: a. When the Commission Member is Legally Obligated to Abstain from Voting. When a Commission Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Commission Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. Staff shall record that the Commission Member left the room and abstained from the vote in the official minutes and there shall be no other effect. b. When the Commission Member Has No Legal Obligation to Abstain from Voting. When a Commission Member has no legal obligation to abstain from voting, the Commission Member is prohibited from casting a vote of abstention and must cast an “aye or yes” vote or “nay or no” vote. then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a “no” vote.