24-S-14 Amend Part III-Code of Ordinances UDC Art. 1 General Provisions-Art. 4 Procedures and Applications-Art. 14 TransportationORDINANCE NO.24-S-14
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO AMEND PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 1 — GENERAL
PROVISIONS, ARTICLE 4 — PROCEDURES AND APPLICATIONS, AND
ARTICLE 14 — TRANSPORTATION
WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz (the "City") adopted
and Amended and Restated Unified Development Code on April 13, 2010, as further amended (the
"Current UDC"); and
WHEREAS, City Staff has reviewed the Current UDC and have recommended certain
revision and updates to, and reorganization of, the Current UDC;
WHEREAS, on March 6, 2024, the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval; and
WHEREAS, on April 2, 2024, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission, determined
that the proposed amendments are appropriate and in the interest of the public safety, health, and
welfare.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The current UDC is hereby amended as set forth in Exhibit A, Exhibit B, and
Exhibit C hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters resolved
herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the
City hereby declares that this Ordinance would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by Chapter 551, as amended, Texas Government
Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
PASSED ON FIRST READING, the )-,#4 day of 2024.
SSE 7, APPROVED and ADOPTED ON SECOND READING, the day of
, 2024.
CITY OF SCHE TZ, TEXAS
p 'uti ez, Mayor
ATT
Sheila Edmondson, ity Secretary
Exhibit "A"
Proposed Unified Development Code (UDC) Amendments
Article 1 — General Provisions
Sec. 21.1.10. Development manual.
The Development Manual is prepared by the City of Schertz Planning and Community Development
Department - Planning Division and is hereby adopted by reference as if set forth in full. The Development Manual
shall contain application forms, required application materials, fees, and application submittal deadlines. The
Development Manual may be amended by the City Manager or his/her designee from time to time. A copy of the
current Development Manual shall be posted to the City's website. Any amendment to the Development Manual
shall be published to the City's website within 30 calendar days from when the amendment is made in accordance
with LGC Section 212.0081 or its successor statute.
(Ord. No. 17-S-39 , § 1(Exh. A), 10-24-2017)
Sec. 21.1.11. Public works specification manual.
The Public Works Specification Manual prepared by the City of Schertz Public Works Division is hereby
adopted by reference as if set forth in full. The Public Works Specification Manual shall contain specifications
necessary to complete public projects. The Public Works Specification Manual may be adopted and updated from
time to time by ordinance approved by the City Council. In accordance with LGC Section 212.002 & .0021 a public
hearing is required and notice of the public hearing shall be published in a newspaper of general circulation in the
city.
(Ord. No. 17-S-39 , § 1(Exh. A), 10-24-2017)
(Supp. No. 7)
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Exhibit `B"
Proposed Unified Development Code (UDC) Amendments
Article 4 — Procedures and Applications
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 4. PROCEDURES AND APPLICATIONS
ARTICLE 4. PROCEDURES AND APPLICATIONS
Sec. 21.4.1. Purpose and Intent.
The purpose of this Article is to establish application procedures, internal review procedures, public notice
and hearing procedures, and review criteria for the processing of applications and actions that affect the
development and use of property subject to the jurisdiction of the City of Schertz.
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 UDC and the
Development Manual.
3. The City 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.
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 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 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.
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 B.5 above.
Schertz, Texas, Unified Development Code
(Supp. No. 5)
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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
Manual or other requirements as specified in the determination provided to the applicant. Upon
expiration, the application will be discarded and a new application must be submitted.
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
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 21.4.2.8.
4. Decision. The following procedures shall apply to the issuance of a letter of certification:
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 subsection C.4.a. 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.
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.
(Supp. No. 5)
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b. 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. Each new master development plan,
subdivision plat, or site plan 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 plan approval.
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 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.
(Ord. No. 19-5-22 , § 1(Exh. A), 9-3-2019)
Sec. 21.4.3. Notice Requirements.
A. Published Notice. Whenever published notice of a public hearing before a Board, Commission, Committee or
the City Council is required, the City Manager or his/her designee shall cause notice to be published in an
official newspaper or a newspaper of general circulation in the City before the fifteenth (15th) day before the
date set for the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing
as required under LGC section 211.006(a).
B. Written Notice. Whenever written notice of a public hearing before a Board, Commission, Committee or the
City Council is required, before the tenth (10th) day before the hearing date, the City Manager or his/her
designee shall cause written notice to be sent to each owner, as indicated by the most recently approved
municipal tax roll, of real property within 200 feet of the exterior boundary of the property in question. Said
notice shall set forth the date, time, place and purpose of the hearing as required under LGC section
211.007(c). The notice may be served by its deposit, properly addressed with postage paid, in the United
States mail. If the property within 200 feet of the property in question is located in territory within the City
and is not included on the most recently approved municipal tax roll, notice to such owners shall be given by
(Supp. No. 5)
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one (1) publication in an official newspaper or a newspaper of general circulation in the municipality at least
fifteen (15) days before the date of the hearing. Failure of owners to receive notice of hearing shall in no way
affect the validity of the action taken.
C. Posted Notice. Whenever posted notice of a public hearing is required, notification signs shall be posted by
the applicant a minimum of eleven (11) days prior to the scheduled public hearing and shall remain posted
during the course of the public hearings, until such time that final action has been taken on the permit
application. Signs shall be posted on the subject property and/or along public right-of-way in a format
approved by the City Manager or his/her designee. The number of signs, size of signs and content to be
placed on the signs shall be in accordance with the Development Manual.
It shall be the responsibility of the applicant to periodically check sign locations to verify that signs remain in
place and have not been vandalized or removed. The applicant shall replace any missing or defective signs within
one (1) business day from the time that a City official notifies the applicant that the signs are missing. It is unlawful
for a person to alter any notification signs, or to remove it while the case is pending. Removal or alteration that is
beyond the control of the applicant shall not constitute a failure to meet notification requirements of this section.
(Ord. No. 17-5-42 , § 1(Exh. A), 10-24-2017)
Sec. 21.4.4. Public hearings.
A. Public Hearing Required. Whenever a public hearing is required, the City Manager or his/her designee shall
establish the date, time and place of the public hearing and shall cause any notice required under section
21.4.3 of this Article to be prepared and made accordingly.
B. Conduct of Hearing. Any person may appear at the public hearing and submit evidence, either individually or
as a representative of an organization. Each person who appears at a public hearing shall state his or her
name, address, and if appearing on behalf of an organization, state the name and mailing address of the
organization for the record. Subject to the chairperson's inherent authority to conduct meetings, public
hearings shall generally be conducted as follows.
I. The City staff may present a description of the proposed project and a written or oral
recommendation, if required. Any written recommendation shall be available to the public at the time
that the agenda packet for the body conducting the hearing is compiled.
2. The applicant may present any information it deems appropriate.
3. Testimony in support of the application may be presented by any individual who expresses an interest
in the proposed project.
4. Testimony in opposition to the application may be presented by any individual who expresses an
interest in the proposed project.
5. At the discretion of the chairperson, the City staff and the applicant may respond to any statement by
the public.
6. The body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant,
immaterial or unduly repetitious.
7. At the sole discretion of the chairperson of the body conducting the hearing, an individual may be
permitted to pose relevant questions to staff, the applicant or the body conducting the hearing, as
directed by the chairperson.
8. The public hearing shall be closed.
9. The advisory body (i.e. Board, Commission or Committee) shall make a recommendation.
(Supp. No. 5)
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10. The advisory body (i.e. Board, Commission or Committee) shall prepare a written report with its
recommendations to the City Council.
C. Continuance of Hearing. The body conducting the hearing may, on its own motion or at the request of any
person, for good cause, continue the hearing to a fixed date, time and place. Except as required by the Texas
Open Meetings Act or other applicable law, no notice shall be required if a hearing is continued. If a public
hearing is closed, no further public testimony shall be taken.
D. Additional Rules. The body conducting the hearing may adopt additional rules of procedure and may apply
such additional rules to govern the public hearing which are not inconsistent with this section.
E. Joint Public Hearing. Unless otherwise prescribed in this UDC, whenever an application must be preceded by
a public hearing both before an advisory body (i.e. Board, Commission and/or Committee) and before the
City Council, the advisory body and the Council may conduct a joint public hearing and take action on the
application in the following manner.
1. The City Council shall establish the date of the joint public hearing by motion at a regular or special
meeting.
2. The City Council shall cause notice of the joint public hearing to be provided as required by this UDC
and the Texas Open Meetings Act and, by a vote of two-thirds of its members, may prescribe the type
of notice for the joint public hearing.
3. The advisory body (i.e. Board, Commission and/or Committee) and the City Council shall be convened
for the hearing and for any action to be taken on the petition or application.
4. The advisory body (i.e. Board, Commission and/or Committee) and the City Council may take action on
the application at the same meeting, provided that the City Council shall not take action until the
written report and recommendation of the advisory body (i.e. Board, Commission and/or Committee)
has been received.
Sec. 21.4.5. Post -Decision Procedures.
A. Notification Required. Within ten (10) business days following final action on any Development Application,
the appropriate City department shall provide written notification to the applicant of the decision of the
Board, Commission, Committee or the City Council considering the request. If an application has been
denied, the notification should include the reasons for denial as well as any information relating to
reapplication procedures for the appropriate application.
B. Reapplication Following Denial. Whenever any Development Application, with the exception of any plat
application, is denied, a Development Application for all or a part of the same property shall not be accepted
for filing for a period of six (6) months after the date of denial unless the subsequent application involves a
proposal that is substantially different from the previously denied proposal. For the purpose of this section, a
request may be considered substantially different if the change is to a different zoning classification, there is
a change in conditions relating to zoning principles of the property or surrounding properties or there is a
change in the nature of the development of the property or surrounding properties. The City Manager or
his/her designee shall resolve any questions concerning the similarity of the reapplication. The final decision -
maker may, at its option, waive the six (6) month waiting period if, after due consideration of the matter at a
scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or
omitted information, or if substantial new information pertaining to the request is discovered.
C. Amendments and Revisions to Approved Application. Unless otherwise expressly provided by this UDC, any
request to amend or revise an approved Development Application shall be considered a new application,
which must be decided in accordance with the procedures governing the original application and the
standards in effect at the time such new application is filed with the City.
(5upp. No. 5)
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D. Amendments Required. Whenever a subsequent Development Application differs substantially from a
previously approved Development Application to which the subsequent application must conform, the
applicant shall submit an amended Development Application for the initial Development Application, which
shall be decided prior to the subsequent application. The applicant's failure to comply with this section shall
result in denial of the subsequent application
Sec. 21.4.6. Comprehensive Land Plan Amendment.
A. Applicability. The Comprehensive Land Plan of the City reflects the long-term plan for growth and
development of the City. The City Council may, from time to time, on its own motion, by request of the City
Manager or his/her designee or by application from a property owner, amend, supplement, change, modify
or repeal the text of the Comprehensive Land Plan or may amend the boundaries shown on the Future Land
Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land
Plan. Approved amendments to the Comprehensive Land Plan authorize a property owner to submit
subsequent development applications consistent with the amendment.
B. Application Requirements.
1. Application Required. Any request for an amendment to the Comprehensive Land Plan shall be
accompanied by a completed Planning Department Development Application.
2. Accompanying Applications. Any request for amendment of the Future Land Use Map submitted by a
property owner may be accompanied by an application for a zoning change consistent with requested
Future Land Use Map amendment for land within the City limits, or by a Subdivision Master Plan, for
land within the ETJ. Approval of an amendment to the Comprehensive Land Plan shall require all
subsequent development applications to be consistent with the approved amendments.
C. Processing of Application and Decision.
1. Submittal. An application for an amendment to the Comprehensive Land 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 of this Article. The City Manager or his/her designee
may, at its 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. After appropriate review, the City Manager or his/her
designee shall forward a written recommendation to the Planning and Zoning Commission for
consideration.
2. Notification Requirements. An application for an amendment to the Comprehensive Land Plan requires
the following notification in accordance with section 21.4.3 of this Article:
a. Written notice prior to consideration by the Planning and Zoning Commission; and
b. Published notice prior to consideration by the City Council.
3. Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written
recommendation regarding a proposed amendment to the Comprehensive Land Plan to the City
Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or
denial of the amendment.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed amendment to the Comprehensive Land Plan and shall hold a
public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The
City Council may vote to approve, approve with conditions, or deny the amendment.
(Supp. No. 5)
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D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City
Council, in considering final action on an amendment to the Comprehensive Land Plan, should consider the
following criteria:
1. The proposed amendment promotes the health, safety, or general welfare of the City and the safe,
orderly, efficient and healthful development of the City;
2. An amendment to the text is consistent with other policies of the Comprehensive Land Plan, taking into
account the nature of any proposed map amendment associated with the text amendment;
3. An amendment to the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps
contained in the Comprehensive Land Plan is consistent with the policies of the Comprehensive Land
Plan that apply to the map being amended, taking into account the nature of any proposed land use
associated with the map amendment;
4. Any proposed amendment is consistent with the goals and objectives of the Comprehensive Land Plan;
5. Any proposed amendment addresses circumstances that have changed since the last time the plan
map or text was considered, implements plan policies better than the current plan map or text corrects
a mapping error or addresses a deficiency in the plan; and
6. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council, are
deemed relevant and important in the consideration of the amendment.
Sec. 21.4.7. Unified Development Code Amendment.
A. Applicability. The provisions of this section apply to any request for an amendment to the text of this UDC.
The City Council may, from time to time, on its own motion, or at the request of the City Manager or his/her
designee, amend, supplement, change, modify or repeal the text of any portion of this UDC in order to
establish and maintain sound, stable and desirable development within the jurisdiction of the City. The
provisions of this section shall exclude amendments to any appendix which may be amended by general
consent of the City Council.
B. Application Requirements. Requests for amendments to the text of this UDC may be initiated by the request
of the Planning and Zoning Commission, the City Council or the City Manager on his/her own initiative. A
request for an amendment to the text of this UDC shall be accompanied by a completed Development
Application.
Processing of Application and Decision.
Submittal. An application for an amendment to the text of this UDC shall be submitted to the City
Manager or his/her designee. The City Manager or his/her designee shall review the application and
may direct the proposed amendment to any other City departments or consultant 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.
Notification Requirements. An application for an amendment to the text of this UDC requires published
notice prior to consideration by the City Council.
3. Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written
recommendation regarding a proposed amendment to the text of this UDC to the City Council. The
Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the
amendment.
(Supp. No. 5)
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4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed amendment to the text of this UDC and shall hold a public
hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The City
Council may vote to approve, approve with conditions, or deny the amendment. Such amendment
shall be by ordinance, and the identifying number of any such ordinance shall be noted on the cover of
this UDC.
D. Criteria for Approval. The Planning and Zoning Commission, in making its written recommendation, and the
City Council, in considering final action on an amendment to the text of this UDC, should consider the
following criteria:
1. The proposed amendment promotes the health, safety, or general welfare of the City and the safe,
orderly, efficient and healthful development of the City;
2. An amendment to the text is consistent with other policies of this UDC and the City;
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
4. Other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are
deemed relevant and important in the consideration of the amendment.
E. Non -Substantive Amendments. Notwithstanding the other provisions of this section, the City Council may by
resolution correct spelling or punctuation errors, cross-reference errors, and other matters herein
determined by the City Attorney to be non -substantive without complying with the foregoing provisions of
this section. The number of any such resolution shall be noted on the cover of this UDC.
Sec. 21.4.8. Annexation.
A. Applicability. Annexation may be voluntary or involuntary and shall be required to meet all requirements of
the LGC, Local Government Code for each type of annexation.
The provisions of this section apply to any request for voluntary annexation by a property owner wishing to
extend the corporate limits of the City to incorporate property adjacent to the City's existing municipal boundaries.
Application Requirements.
1. Application Required. A request for annexation shall be accompanied by an application prepared in
accordance with the Development Manual.
2. Accompanying Applications. Any request for annexation shall be accompanied by an application to
establish the initial zoning on the property. An application to establish the zoning may be considered at
the same meeting as the annexation request so long as the ordinance providing for annexation is acted
on prior to any action on the zoning request. In the event that an application for annexation is
considered concurrently with the application for zoning, the Planning and Zoning Commission may
consider the zoning request and provide a written recommendation to the City Council so long as the
City Council has adopted the annexation ordinance.
C. Processing of Application and Decision.
(Supp. No. 5)
Submittal. An application for annexation 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 of this Article. The City Manager or his/her designee may, at its 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. After appropriate review, the City Manager or his/her designee shall forward a
written recommendation to the City Council for consideration.
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2. Development Agreement. The City Manager or his/her designee shall comply with the approval. The
City Council shall comply with LGC, Local Government Code § 43.035.
3. Notification requirements. The City Manager or his/her designee shall provide notification in
accordance with LGC, Local Government Code § 43.062.
4. Service plan required. The City Manager or his/her designee shall prepare an annexation service plan in
accordance with LGC, Local Government Code § 43.056.
S. Decision by City Council. The City Council shall hold two public hearings in accordance with LGC, Local
Government Code § 43.063 and shall take final action as required in LGC, Local Government Code.
6. Other Procedures Applicable. A request for annexation is subject to all applicable rules and procedures
required by State law. In the event of a conflict between the requirements of this UDC and State law,
the requirements of State law shall apply.
D. Criteria for Approval. When considering a request for voluntary annexation, the City Council should consider
the following criteria:
1. The application is consistent with the requirements of State law and this UDC;
2. The annexation promotes the health, safety, or general welfare of the City and the safe, orderly,
efficient and healthful development of the City;
3. The property owners and residents of the area consent to the annexation;
4. The application includes a service plan as required by subsection 21.4.8.C.4 above;
5. The annexation is consistent with the goals and objectives of the Comprehensive Land Plan; and
6. Other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are
deemed relevant and important in the consideration of the amendment.
(Ord. No. 18-5-04 , § 1(Exh. A), 1-23-2018)
Sec. 21.4.9. Reserved.
Editor's note(s)—Ord. No. 19-5-02 , § 2, adopted Feb. 5, 2019, repealed § 21.4.9, which pertained to the
designation of landmark properties and heritage neighborhoods and derived from Ord. No. 13-5-58 , § 1,
adopted Dec. 10, 2013.
Sec. 21.4.10. Development Agreements.
A. Applicability. The purpose of a Development Agreement is to determine whether the City wishes to authorize
a plan of development for land located within its ETJ, to prescribe land uses, environmental standards,
development standards and public facilities standards governing development of the land for the term of the
agreement, to provide for the delivery of public facilities to the property and to provide for annexation of the
property to the City. A Development Agreement may be approved for land located in the ETJ of the City in
accordance with LGC, Local Government Code § 212.172.
B. Application Requirements.
1. Application Required. Any application for a Development Agreement shall be accompanied by an
application prepared in accordance with the Development Manual.
2. Accompanying Applications. An application for a Development Agreement shall be accompanied by a
preliminary plat prepared in accordance with section 21.12.7 of this UDC. Approval of a preliminary
(Supp. No. 5)
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plat as part of a Development Agreement shall meet the requirements for preliminary plat approval
under section 21.12.7.
C. Processing of Application and Decision.
1. Submittal. An application for a Development Agreement 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.
Preparation and Negotiation of Development Agreement. An application for a Development Agreement
shall be prepared in accordance with LGC, Local Government Code § 212.172. After review by the City
staff, the application and accompanying plans shall be transmitted to the office of the City Attorney for
review. After appropriate review by all parties, a recommendation shall be forwarded to the Planning
and Zoning Commission for review and recommendation. The City Council shall have the final authority
for approval of a Development Agreement.
3. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation
regarding a proposed Development Agreement to the City Council. The Planning and Zoning
Commission may recommend approval, approval with conditions, or denial of the agreement. The
Planning and Zoning Commission may, on its own motion or by request of the property owner,
postpone consideration of the request to a certain date that is not more than thirty (30) calendar days
after the date of the current consideration in order to review additional information or modifications
which may have a direct bearing on the recommendation to the City Council.
4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and
Zoning Commission regarding a proposed Development Agreement and shall hold a public hearing in
accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to
approve, approve with conditions, or deny the Development Agreement. The City Council may, on its
own motion or by request of the property owner, postpone consideration of the request to a certain
date that is not more than thirty (30) calendar days after the date of the current consideration in order
to review additional information or modifications which may have a direct bearing on the final
decision. If the City Council approves the Development Agreement, it shall approve the agreement by
appropriate action that authorizes the City Manager to execute the agreement on behalf of the City
following execution by the property owner. Unless otherwise specified by the City Council, the
property owner shall accept the Development Agreement and accompanying preliminary plat within
ten (10) working days after the date the City Council's action is adopted. If not executed by the
property owner within such period, the Council's approval shall be deemed void.
i. Recording Development Agreement. The approved Development Agreement shall be recorded in the
real property records of each county in which land subject to the agreement is located.
(Ord. No. 18-5-04 , § 1(Exh. A), 1-23-2018)
Sec. 21.4.11. Utility service extension.
A. Applicability.
(Supp. No. 5)
a. An application for a Utility Service Extension shall be required when a property owner seeks
water or wastewater services from the City for a proposed project that is located within the City's
service area(s), that is not required to plat or for which the platting requirement falls under a
different jurisdiction than the City at the time of the proposed Utility Service Extension. Approval
of an application for a Utility Service Extension authorizes the property owner to submit
development applications consistent with the capacity of the utility facilities to be extended and,
Page 10 of 19
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upon approval of the development applications, to construct extensions of the utility facilities in
accordance with the terms of the approved Utility Service Extension application, as long as the
City is allowed to make approvals consistent with agreements executed with other utility service
providers.
b. An application for a Utility Service Extension shall be required when a property owner seeks
water or wastewater services from the City for a proposed project that is located outside the
City's service area(s) that is not required to plat or for which the platting requirement falls under
a different jurisdiction than the City at the time of the proposed extension and subsequent
development. Approval of an application for a Utility Service Extension authorizes the property
owner to submit development applications consistent with the capacity of the utility facilities to
be extended and, upon approval of the development applications, to construct extensions of the
utility facilities in accordance with the terms of the approved Utility Service Extension
application, as long as the City is allowed to make approvals consistent with agreements
executed with other utility service providers.
B. Application Requirements.
Application Required. Any application for Utility Service Extension shall be accompanied by a
completed Development Application.
2. Accompanying Applications.
An application for Utility Service Extension for a proposed project that is not located within the
City Limits may be accompanied by a request for voluntary annexation. The City may, at its
option, elect to annex the property upon request or may delay the annexation until such time the
City deems necessary to promote the health, safety or general welfare of the City and the safe,
orderly, efficient and healthful development of the City.
b. An application for Utility Service Extension may be accompanied by an application for a
Subdivision Master Plan prepared in accordance with section 21.12.5. A Subdivision Master Plan
may not be approved until final approval of the Utility Service Extension by the City Council.
An application for Utility Service Extension for a proposed project that is not located within the
City's service areas shall be accompanied by an approval for a Certificate of Convenience and
Necessity (CCN) transfer through the Public Utility Commission (PUC) or appropriate Commission,
as well as an updated Service Area Map and Capital Improvement Plan amendment for the
proposed development and areas to be served in the future by the proposed utility service
extension.
C. Processing of Application and Decision.
1. Submittal. An application for Utility Service Extension 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.
(Supp. No. 5)
Review and Processing of Request. The City Manager or his/her designee shall circulate the application
among applicable City departments for review and recommendation. The City Manager or his/her
designee shall evaluate the request for consistency with the approval criteria and shall prepare a
written recommendation to be forwarded to the City Council. The recommendation should include any
comments received from other departments including, but not limited to, an analysis of the financial
feasibility of extending services and any fiscal impacts on existing utilities from the extension.
Decision by City Council. The City Council shall receive the written recommendation of the City
Manager or his/her designee and shall decide whether to approve, approve with conditions, or deny
the request for Utility Service Extension.
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Criteria for Approval. The City Council, in considering final action on a request for Utility Service Extension,
should consider the following criteria:
1. Whether the proposed development to be served by the extension is consistent with the
Comprehensive Land Plan;
2. Whether the extension is proposed to be constructed in accordance with all applicable City ordinances,
resolutions, regulations and standards;
3. For applications for service to property outside the City's service area(s) - Whether it is feasible to
annex the property, and any intervening property which is needed for utility rights -of -way, into the
City;
4. Whether the utility extension would compromise the City's ability to timely provide adequate water or
wastewater facilities to property inside the City;
5. Whether the utility extension will lead to premature development that cannot be served efficiently and
timely by roadway, drainage or park facilities;
6. Whether the utility extension is financially feasible given the proposed means of financing the
extension;
7. Whether the utility extension will lead to significant degradation of water quality or other
environmental resources, either from construction of the water or wastewater improvements,
development of the property owner's land, or development of other land that may be served through
the extended facilities;
8. Whether the property owner proposes to extend wastewater facilities without utilizing City water
facilities; and
9. The extent to which the proposed agreement promotes the health, safety or general welfare of the
City and the safe, orderly, efficient and healthful development of the City.
Sec. 21.4.12. Variances.
A. Applicability.
1. The BOA shall have the ability to authorize, in specific cases, a variance from the zoning regulations of
this UDC if the variance is not contrary to the public interest and, due to special conditions, a literal
enforcement of this UDC would result in unnecessary hardship, so that the spirit of this UDC is
observed and substantial justice is done. A variance shall not be granted to relieve a self-created or
personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a
privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the
district.
Z. Approval of a variance authorizes a property owner to submit subsequent development applications
consistent with the approved variance.
B. Application Requirements. Any request for a variance shall be accompanied by an application prepared in
accordance with the Development Manual.
C. Processing of Application and Decision.
(Supp. No. 5)
Submittal. An application for a variance 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 its option, request a recommendation
from any other appropriate 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
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the application. After appropriate review, the City Manager or his/her designee shall forward a written
recommendation to the BOA for consideration.
2. Notification requirements. An application for a variance requires the following notification in
accordance with section 21.4.3:
a. Written notice; and
b. Published notice.
3. Decision by the BOA.
a. The BOA shall receive the recommendation of the City Manager or his/her designee and shall
hold a public hearing in accordance with section 21.4.4. The Board may vote to approve, approve
with conditions, or deny the variance.
b. The Board may, on its own motion or by request of the property owner, postpone consideration
of the variance to a certain date that is not more than thirty (30) calendar days after the date of
the current consideration in order to review additional information or modifications which may
have a direct bearing on the final decision.
C. The approval shall be effective for a period of 180 days after the date of such approval. If no
application for building permit is submitted within that time, the variance shall become null and
void.
d. The disapproval of a variance shall require compliance by the applicant, if applicable, within
fifteen (15) days after the date of disapproval and upon written notification by staff.
D. Criteria for approval. In order to make a finding of hardship and grant a variance from the zoning regulations
of this UDC, the Board must determine the following:
1. The requested variance does not violate the intent of this UDC or its amendments;
2. Special conditions of restricted area, topography or physical features exist that are peculiar to the
subject parcel of land and are not applicable to other parcels of land in the same zoning district;
3. The hardship is in no way the result of the applicant's own actions; and
4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district that comply with
the same provisions.
5. In considering a variance as applied to a structure, the board may consider the following as grounds to
determine whether an unnecessary hardship would result from compliance with the ordinance:
(Supp. No. 5)
a. The financial cost of compliance is greater than 50 percent of the appraised value of the
structure as shown on the most recent appraisal roll certified to the assessor for the municipality
under Section 26.01, Tax Code;
b. Compliance would result in a loss to the lot on which the structure is located of at least 25
percent of the area on which development may physically occur;
c. Compliance would result in the structure not being in compliance with a requirement of a
municipal ordinance, building code, or other requirement;
d. Compliance would result in the unreasonable encroachment on an adjacent property or
easement; or
e. The municipality considers the structure to be a nonconforming structure.
Page 13 of 19
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E. Appeals of BOA Decisions. Any person or persons aggrieved by any decision of the BOA, or any taxpayer or
any officer, department, board of the City may appeal a decision of the BOA regarding any variance request
in accordance with section 21.3.4 of this UDC.
Finding of fact. The board shall complete a finding of fact for variance or appeal to support its conclusion for
each variance or appeal presented to it.
(Ord. No. 18-5-04 , § 1(Exh. A), 1-23-2018)
Sec. 21.4.13. Reserved.
Sec. 21.4.14. Appeals.
A. Purpose and Applicability. The purpose of an appeal is to contest an initial decision on a Development
Application based upon alleged misapplication of the regulations contained within this UDC and the criteria
for approval of the Development Application. An appeal may not be used to amend, vary or otherwise
modify the standards of this UDC that apply to the Development Application. Any decision on a Development
Application required by this UDC may be appealed to the Board, Commission or the City Council indicated
within the procedures for each Development Application. The granting of an appeal supersedes the decision
from which the appeal was taken and results in approval, conditional approval or denial of the Development
Application for which the approval was sought.
B. Appeal Requirements. Any person or persons aggrieved by any decision on a Development Application, or
any marshal, officer, department, or board of the City may appeal a decision on a Development Application
to the Board, Commission or the City Council responsible for consideration of the appeal as indicated in this
UDC. An appeal shall contain a written statement of the reasons why the decision is erroneous, and shall be
accompanied by a fee established by the City Council. An appeal by an applicant shall be accompanied by a
copy of the Development Application on which the initial decision was rendered. An appeal may include any
other documents that support the position of the appellant. A written appeal must be filed with the City
Manager or his/her designee no later than twenty (20) days after the date of the decision on the
Development Application.
C. Processing of Appeal and Decision.
1. Submittal. An appeal shall be submitted to the City Manager or his/her designee for processing of the
Development Application being appealed. Upon receipt of a written appeal, the City Manager or
his/her designee shall compile all documents constituting the record of the decision subject to appeal
and transmit the record to the Board, Commission or the City Council responsible for considering the
appeal.
Stay of Proceedings. Receipt of a written appeal of a decision on a Development Application stays all
proceedings of the City in furtherance of the decision from which appeal is taken, including without
limitation acceptance, processing or issuance of any subsequent development applications, and any
development activities authorized by initial approval of the Development Application. The stay shall be
lifted only if the City Manager or his/her designee certifies in writing to the Board, Commission or the
City Council responsible for consideration of the appeal that a stay would cause imminent peril to life
or property. Thereafter, the stay may be reinstated only by order of the Board, Commission or the City
Council responsible for consideration of the appeal or a court of record, on application, after notice to
the City Manager or his/her designee, for due cause shown.
3. Notification Requirements. An appeal requires the following notification in accordance with section
21.4.3:
(Supp. No. 5)
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Written notice; and
b. Published notice.
4. Decision on Appeal. The Board, Commission or the City Council responsible for consideration of the
appeal shall hold a public hearing and decide the appeal not later than the next meeting for which
notice can be provided and not later than the 60th day after the date the appeal is filed. The Board,
Commission or the City Council responsible for consideration of the appeal shall affirm, reverse or
modify the decision from which the appeal was taken.
5. Notification of Decision on Appeal. The property owner and the applicant for the Development
Application under appeal shall be notified of the decision on the appeal in accordance with section
21.4.5.
Criteria for Approval. In deciding the appeal, the Board, Commission or the City Council responsible for
consideration of the appeal shall apply the same criteria that govern the initial decision on the Development
Application under the provisions of this Article.
Expiration and Extension. For purposes of determining expiration or extension periods under this UDC, the
date the Board, Commission or the City Council responsible for consideration of the appeal grants relief on
the appeal is the date on which the Development Application is deemed approved.
1. Once the Board, Commission or the City Council grants relief on the appeal, a new Development
Application or permit application shall be submitted within 180 days after the date of such approval or
the appeal shall become null and void.
The disapproval of an appeal shall require compliance by the applicant, if applicable, within fifteen (15)
days after the date of disapproval and upon written notification by staff.
Sec. 21.4.15. Public infrastructure improvements, construction plans, and improvement
agreements.
A. Applicability. The provisions of this section applies to the construction of any public infrastructure
improvements.
B. Processing of Construction Plans and Decision.
Submittal. Construction plans shall be submitted to the City Manager or his/her designee prior to
construction of public infrastructure improvements. Submittal of construction plans shall be in
accordance with the Engineering Department's permitting requirements.
2. Decision by the City Manager. The City Manager or his/her designee may approve, approve with
conditions, or deny the construction plans.
Criteria for Approval. The City Manager or his/her designee, or the City Council on appeal, shall apply
the following criteria in making a decision on the construction plans:
The construction plans are consistent with the approved preliminary plat or the proposed final
plat in the event that the public infrastructure improvements are in relation to a plat; and
The construction plans conform to all applicable regulations pertaining to the construction and
installation of public infrastructure improvements.
4. Expiration. The approval of construction plans shall remain in effect for two years after the date the
construction plans were approved by the City Manager or his/her designee. If construction of the
project has not commenced during the two year period, approval of the construction plans shall expire.
For public infrastructure improvements that are associated with a final plat, approval of the
(Supp. No. 5)
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construction plans shall remain in effect for the time that approval of the final plat is in effect and shall
expire when approval of the final plat expires, unless an extension is granted, pursuant to Section
21.4.15.B.5, Extension.
Extension. At the written request of the property owner or their representative, the expiration date for
the approval of construction plans may be extended by the City Manager or his/her designee for a
period not to exceed six (6) months. In no case shall the construction plan extension be later than the
final plat expiration.
C. Timing of Public Infrastructure Improvements.
Completion Prior to final Plat Recordation. For public infrastructure improvements associated with a
proposed subdivision or development, except as provided below, completion of the improvements
shall be in accordance with the approved construction plans and shall occur before an approved final
plat is recorded, unless the obligation to construct public infrastructure improvements has been
deferred and an improvement agreement is executed. Other infrastructure including all electric utility
services necessary to serve the development shall be installed within the development prior to plat
recordation.
Installation after Final Plat Recordation. The property owner or applicant may request to defer the
obligation to construct and install one (1) or more public improvements to serve the associated
subdivision until after final plat recordation. The request shall be submitted in writing and specify what
is being requested for deferral. Deferral of the obligation to install public improvements shall be
conditioned on execution of an improvement agreement and provision of sufficient security. The City
Manager or his/her designee may approve or deny the request to defer installation of public
infrastructure improvements.
3. Off -Site Easements. All necessary off -site easements required for installation of off -site public
improvements to serve the subdivision or development shall be acquired by the subdivider or
developer and conveyed solely to the City by an instrument approved by the City.
D. Inspection and Acceptance of Public Infrastructure Improvements.
1. Inspections. Inspection of the public infrastructure improvements shall be conducted by the
Engineering Department. Construction shall be in accordance with the approved construction plans.
Any significant change in design required during construction shall be subject to approval by the City
Manager or his/her designee.
2. Submission of As -Built Plans or Record Drawings. The City shall not accept dedication of required public
improvements until the applicant has submitted detailed "as -built" record drawings in accordance with
Engineering Department's requirements and the Public Works Specification Manual.
3. Acceptance of Improvements. When the City Manager or his/her designee has determined that the
public infrastructure improvements have been installed in accordance with the approved Construction
Plans, the City Manager or his/her designee shall accept such improvements on behalf of the City.
Acceptance of the improvements shall mean that the property owner has transferred all rights to all
the public improvements to the City for use and maintenance. Upon acceptance of the required public
improvements, the City Manager or his/her designee shall have a certificate issued to the property
owner stating that all required public improvements have been satisfactorily completed.
Maintenance and Warranty of Improvements.
1. Maintenance During Construction. The developer shall maintain all required public improvements
during construction of the development.
2. Bond. The developer or owner shall covenant to warranty the required public improvements for a
period of two (2) years following acceptance by the City of all required public improvements or
(Supp. No. 5)
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following the date of plat recordation, whichever occurs later. A warranty bond shall be provided in the
amount of 20% of the costs of the improvements for such period. All public improvements shall be
bonded.
F. Improvement Agreements.
1. Obligations Under Agreement. Whenever public improvements to serve development are deferred
until after recordation of the final plat, the property owner shall enter into an Improvement
Agreement and provide adequate security as determined by the City Manager or his/her designee.
The Improvement Agreement shall be subject to review and approval by the City Manager or his/her
designee and the City Attorney. The agreement shall contain the following provisions:
a. covenants to complete the improvements be no later than two (2) years after approval of the
final plat, unless otherwise stipulated in the terms and conditions of the Improvement
Agreement;
b. covenants to warranty the required public improvements for a period of two (2) years following
acceptance by the City of all required public improvements, unless stated otherwise in the
Improvement Agreement;
C. covenants to provide a warranty bond in the amount of 20% of the costs of the improvements for
such period, unless stated otherwise in the Improvement Agreement;
d. provisions for participation in the costs of the improvements by the City, if authorization has
been obtained from the City Council, and a performance bond for such improvements from the
contractor;
e. provisions for securing the obligations of the agreement consistent with subsection G below; and
f. such other terms and conditions as are agreed to by the City and the property owner, or as may
be required by this UDC.
2. Covenants to Run with the Land. The Improvement Agreement shall provide that the covenants
contained in the Agreement run with the land and bind all successors, heirs and assignees of the
property owner. All existing owners and lienholders shall be required to execute the Agreement or
provide written consent to the covenants contained in the Agreement.
G. Security for Completion of Improvements.
1. Security. Whenever the property owner has entered into an Improvement Agreement to defer
installation of public improvements, the property owner shall provide sufficient security for completion
of the required public improvements. The security shall be in the form of a cash escrow, a performance
bond or surety bond provided by a licensed surety company, or other security as approved by the City
Manager or his/her designee.
2. Amount and Acceptability. The security shall be issued in the amount of 125% of the estimated cost of
completion that is approved by the City Manager or his/her designee for the required public
infrastructure improvements. The terms of the security agreement shall be subject to the approval of
the City Manager or his/her designee and the City Attorney.
3. Remedies. Where an Improvement Agreement has been executed and security has been posted and
required public improvements have not been installed in accordance with the terms of the agreement,
the City may:
a. declare the Agreement to be in default and require that all the public improvements be installed
regardless of the extent of completion of the development at the time the Agreement is declared
to be in default;
(Supp. No. 5)
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b. obtain funds under the security and complete the improvements itself or through a third party;
or
C. assign its right to receive funds under the security to any third party, including a subsequent
owner of the development in exchange for the subsequent owner's agreement and posting of
security to complete the public infrastructure improvements.
(Ord. No. 17-S-41, § 1(Exh. A), 10-24-2017)
Editor's note(s)—Ord. No. 17-S-41, § 1(Exh. A), adopted Oct. 24, 2017, amended § 21.4.15, and in so doing
changed the title of said section from "Public infrastructure improvement, construction plans and community
facilities agreements" to "Public infrastructure improvements, construction plans, and improvement
agreements," as set out herein.
Sec. 21.4.16. Building permits.
A. Applicability. An application for a building permit is required within the City corporate limits, or where
provided for in a Development Agreement, in the City's ETJ, prior to the placement, construction or
alteration of a building or structure. Approval of an application for a building permit authorizes the property
owner to construct, alter or place a structure on the lot, tract or parcel. Approval of an application for a
building permit also authorizes the property owner, upon completion of a structure intended for human
occupancy, to make application for a certificate of occupancy.
Application Requirements. Any request for a building permit shall be accompanied by an application
prepared in accordance with requirements of the building inspections division. The City Manager or his/her
designee shall be responsible for determining the form and content of the building permit application.
C. Processing of Application and Decision.
Submittal. An application for a building permit shall be submitted to the 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 review the permit for
compliance with all adopted building codes and regulations and shall provide written notification of
any items requiring correction or attention within forty-five (45) days after submittal of a complete
application.
2. Decision by the City Manager. The City Manager or his/her designee may approve, approve with
conditions, or deny the building permit.
3. Appeals. Any person or persons aggrieved by any decision of the City Manager or his/her designee, or
any taxpayer or any officer, department, or board of the City may appeal the decision of the City
Manager or his/her designee to the Building and Standards Commission.
D. Criteria for Approval. The City Manager or his/her designee shall apply the following criteria in deciding the
application for a building permit:
1. The application generally conforms to all prior approved development applications for the property
and any variance petition authorizing variation from the standards otherwise applicable to the permit;
2. The location of the structure on the property is in accordance with all prior approved development
applications;
3. The proposed plan for construction or alteration conforms to the Building Code and other applicable
construction codes adopted by the City;
4. All applicable fees, including impact fees, have been paid;
(Supp. No. 5)
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5. A final plat of the property has been recorded in the appropriate County plat records; and
6. All public infrastructure required has been installed and accepted by the City and all electric, gas,
telephone and cable utility services necessary to serve the development have been installed within the
development.
E. Issuance. No building permit shall be issued on property that is not a lot of record with the following
exceptions:
1. Additions to existing structures not exceeding twenty-five percent(25%) of the building at the time of
the adoption of this UDC; and
2. Interior finish out or improvements to existing structures.
(Ord. No. 17-5-40, § 1(Exh. A), 10-24-2017; Ord. No. 18-5-04, § 1(Exh. A), 1-23-2018)
(Supp. No. 5)
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Exhibit "C"
Proposed Unified Development Code (UDC) Amendments
Article 14 — Transportation
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 14. TRANSPORTATION
ARTICLE 14. TRANSPORTATION
Sec. 21.14.1. Streets.
A. Street Layout. The arrangement, extent, character, width, grade and location of all streets shall conform to the
Master Thoroughfare Plan, the Public Works Specification Manual, and the City's adopted Comprehensive
Plan. Collector streets shall provide adequate circulation within the neighborhood and yet discourage through
traffic. The street layout shall be arranged to achieve the most desirable development of the entire
neighborhood unit with appropriate consideration of creeks, drainage channels, wooded areas and other
topographical features, which lend themselves to special treatment. Permits must be obtained from TxDOT
for driveways and streets accessing any state roadway. The proposed location of driveways must comply with
all applicable City and State requirements.
B. Relation to Adjoining Streets. Adjoining areas shall be continued and tied into the street layout.
C. Projection of Streets. When adjoining properties are not yet subdivided, the arrangement of streets shall
provide for the proper projection of streets into the adjoining unsubdivided areas and shall generally conform
to the Comprehensive Plan and the Master Thoroughfare Plan.
D. Private Streets.
1. Private streets within the City may be authorized providing all the following conditions are met:
a. A homeowner's association is established to maintain and upkeep all streets in a subdivision in
accordance with the City's public street standards, to include the mowing of shoulders and rights -
of -way, removal of weeds and unclogging of culverts.
b. Private streets are constructed in accordance with the City's standards for public streets.
C. The following "maintenance agreement" note will appear on the subdivision plat:
"Streets within this subdivision shall be constructed in accordance with the City of Schertz
public streets standards. The upkeep and maintenance to include the mowing of shoulders
and rights -of -way, removal of weeds and unclogging of culverts shall be the responsibility of
the homeowner's association. The City of Schertz is released from any liability for these
streets. Periodic inspection by a public official who is authorized to enforce complaints about
poor maintenance is permitted."
d. Provide access for fire protection, ambulance, police, school bus, garbage service and other utility
agencies.
2. One Residence. A private street or road serving only one (1) residence is exempt from construction and
maintenance standards for public streets.
3. Ingress/Egress. Private streets shall connect directly to a public street or road.
E. Dead -End Streets and Cul-De-Sacs.
Dead-end streets greater than five hundred (500') feet in length as measured from the center of the
intersection to the end of the pavement or center of the cul-de-sac, shall be prohibited. Short stubs
projected to be continued in future subdivisions in conformance with Paragraph C of this section and not
having any lots fronting the short stub are not required to have a cul-de-sac or temporary turn around
at the end. All other dead-end streets shall end in a cul-de-sac or temporary turnaround meeting the
requirements of paragraph E.2 below.
Schertz, Texas, Unified Development Code Created: 2022-09-22 11:25:14 [EST]
(Supp. No. 6)
Page 1 of 11
2. Cul-de-sac streets shall have a turnaround of not less than one hundred forty (140') feet in diameter
of ROW and one hundred twenty (120') feet in diameter of pavement in single-family residential areas,
one hundred sixty (160') feet in diameter of ROW and not less than one hundred (13(') feet in diameter
of pavement in multi -family, commercial, and industrial areas. This provision may be modified upon
approval of the Fire Chief and City Engineer or his/her designee.
F. Alignment. The alignment of all arterial and collector streets shall generally conform to the Master
Thoroughfare Plan and the requirements of the Public Works Specifications Manual.
G. Intersections. The curb radius at street intersections shall conform to the specifications in the Public Works
Specifications Manual.
H. Street Names and Street Numbers. Names of all new streets shall be subject to the approval by the Planning
and Zoning Commission and be coordinated regionally. Street names shall have prior approval of the regional
E911 authority and meet all City and County guidelines relevant to location. Upon request, the City will
coordinate new street numbers with existing addresses and provide subdivider with an approved addressing
document.
I. Construction Standards. All streets shall be constructed with reference to base, surfacing, curbs, grades,
horizontal curves and intersection curve radius in accordance with the standards prescribed in the Public
Works Specifications Manual and any other applicable specifications of the City.
J. Reserve Areas are Prohibited. There shall be no reserve areas controlling access to land dedicated or intended
to be dedicated to public use.
K. Ha ff Streets or Adjacent Streets.
1. No new half streets shall be platted that do not conform to the Master Thoroughfare Plan and the
Comprehensive Land Plan. Where the proposed subdivision abuts upon an existing street or half street
not conforming to the Comprehensive Land Plan requirements or the requirements of this UDC, the
subdivider shall be required to dedicate any additional right-of-way to meet the street width required to
the extent permitted by State Law.
2. If new development of property abuts City maintained roads that do not meet the width standards in
this UDC, the Developer shall be required to make the necessary dedication and improvements in
conformance with this UDC or any other applicable code of the City to the extent permitted by State
Law.
3. The minimum dedication and construction costs shall be equal to one-half (34) of the minimum right-
of-way (ROW) and construction costs associated with the proposed street.
4. Improvements shall include right-of-way dedication, paving, curb and guttering, shoulder
improvements, sidewalk, multi -use paths and/or hike/bike trails as determined by the City.
5. Should any pavement be laid to widen existing pavement, the existing pavement shall be saw -cut back
a minimum of two feet (2') to assure an adequate sub -base and pavement joint.
L. Public Accesses. All residential subdivisions shall have a minimum of two (2) locations accessing existing public
streets. Access may be provided through the construction of a public street. The extent and location of all
accesses is subject to review and approval by the City. The Planning and Zoning Commission shall not permit
"island" subdivisions, lots or streets that would be surrounded by the flood water of a one hundred (100) year
flood unless the area is accessible to high ground by at least one dedicated street elevated above the one
hundred (100) year flood level.
M. Safety Lanes (Fire Lanes).
1. Manufactured home parks, recreational vehicle parks, apartments, multi -family residences, malls,
commercial and business areas shall have driving surfaces within the site designated and clearly
(5upp. No. 6)
Page 2 of 11
Created: 2e22•e9-12 12.25:13 [EST]
identified as safety lanes or fire lanes for fire protection, EMS, etc. These areas must be paved with
concrete or asphalt and be maintained by the owners. Exits from these sites shall be a minimum of thirty
feet (30') in width and must exit into a dedicated street. The pavement width for interior safety lanes
will be a minimum of twenty-four feet (24'). Additional width will be required when adequate off-street
parking is not provided.
2. Exits from single family residential areas shall be a minimum pavement width of twenty-four (24') feet.
3. All roadways that serve emergency vehicles are required to have a minimum clearance of fifteen feet
(15) to any overhead obstructions including, but not limited to, bridges, trees, canopies, awnings and
signs.
N. Access to Arterial Streets and Freeways. Access to arterial streets and freeways should be limited to protect
the flow of traffic from the lots. Along arterial streets and freeways, lots that have access to another public
right-of-way shall not take access from the arterial street or freeway.
O. Street and Traffic Control Signs.
1. All street signs in a new subdivision within the City limits, including street name, speed limit, stop and
yield signs, etc. shall be paid for by the developer, and shall be provided by and installed by the City's
Public Works Department in accordance with the Public Works Specifications Manual. Traffic control
devices required within the subdivision shall be installed in accordance with the latest revision of the
Texas Manual on Uniform Traffic Control Devices for Streets and Highways.
2. Any installation of speed control devices, such as speed bumps or humps, must also be approved by
the fire department to determine potential impact to emergency response vehicles.
3. A required traffic control device must be fitted with traffic preemption compatible devices for
activation by emergency vehicles.
Street Improvements.
All street improvements shall meet the current requirements of the Comprehensive Plan, the Master
Thoroughfare Plan, and this Article, but in no case shall be less than the following to the extent allowed
by State Law:
Table 21.14.1
Street Improvement Standards
Classification
ROW Pavement **
Drainage
Sidewalk and
Width
Multi -Use Path
_
130 feet* 74 feet with
Width
Six Lane Principal
Curb and
10 feet both
Arterial
16-foot
Gutter
sides
median*
Four Lane Principal
120 feet
54 feet with
Curb and 5 feet
Arterial
10-foot
Gutter one side, 30
I
median
I feet one side
Secondary Arterial
90 feet
54 feet with
Curb and
5 feet
10-foot
Gutter
one side, 10
median
feet one side
Commercial Collector
70 feet
42 feet
Curb and
5 feet one
Gutter
side, 10 feet
one side
Local Street -
50 feet
30 feet
Curb and
5 feet
Residential
Gutter
both sides
(Supp. No. 6)
Page 3 of 11
Created: 2022-e9-12 11:25:13 [EST)
Local Street - 60 feet 42 feet Curb and 5 feet
Commercial/Industrial Gutter both sides
Paved Alley 24 feet 24 feet Curb or Curb None
I and Gutter
* Schwab Road north of IH-35 has a ROW width of 200 feet and wider pavement section as determined by the City
Engineer.
** Pavement width is measured from the face of curb to face of curb on curb and gutter roadways.
2. Typical sections identified in the Master Thoroughfare Plan maybe modified by the City Manager or
his/her designee based on drainage needs, traffic needs, site specific conditions, and other factors as part
of the development review and approval process.
3. Islands in Roadways. Islands in road rights -of -way will be considered on a case -by -case basis. The street
right-of-way will be engineered to accommodate all emergency and utility vehicles and two-way, traffic.
At a minimum, all islands shall provide at least twenty-four feet (24') of pavement on each side of the
island. All islands provided within street ROW shall be designated on the plat and shall be dedicated by
the developer or its successors and/or assigns. A plat note shall be provided which identifies
maintenance of islands as the responsibility of the developer or its successors and/or assigns. Any islands
that are not maintained in accordance with this section may be removed bythe City and shall be removed
at the expense of the developer or its successors and/or assigns, after due notice and the written
recommendation by the City Manager or his/her designee.
4. Medians. Medians are typically located at the approximate center of a city street or state right-of-
way that is used to separate the directional flow of traffic.
Q. Drainage. The storm drainage for all streets shall be designed per the most current edition of the Public Works
Specification Manual and shall comply with the City's Stormwater Pollution Prevention and Drainage Plan
requirements.
R. Curb and Gutter. Curbs and gutters shall be installed by the subdivider on both sides of all streets within or
forming part of the boundary of the subdivision. Curb and gutter shall be constructed in accordance with the
Public Works Specifications Manual. The City Engineer or his/her designee may waive the requirements for
construction of curb and gutter or may approve an alternative curb and gutter construction where
developments result in an overall density of less than one (1) unit per one-half (Y2.) acre.
S. Streetlights.
1. Developers shall furnish satisfactory easements for installation of services to street lights as required
by the City and any applicable electric utility provider.
2. Street light number, type and size shall be determined by the City and any applicable electric utility
provider and shall conform to the requirements of the Public Works Specification Manual. Street lights
shall be designed to maximize the light directed toward the ground.
3. The developer shall pay the cost of purchasing and installing all street lighting equipment and the cost
of all street lighting services for a period of two (2) years or until such time as seventy percent (70%) of
the buildings for which building permits have been issued are completed, whichever is sooner.
4. A lighting plan shall be submitted with the Public Infrastructure Improvement Plans for review and
approval by the City and any applicable electric utility provider. The lighting plan shall include:
a. Streetlight locations;
(5upp. No. 6)
Page 4 of 11
Created: 2022-89-12 11:25:13 [EST]
b. A description of lighting fixtures, including lamps, poles or other supports and shielding devices
which may be provided as catalog illustrations from the manufacturer;
C. Additional information as may be required by the City Manager or his/her designee;
d. Streetlights shall be located every 300 feet (maximum) for local and collector roadways; every two
hundred fifty (25(') feet (maximum) on arterial roadways; placed at every street intersection; in all
cul-de-sacs greater than two hundred (200') feet in length, and at neighborhood mailbox unit
locations.
Sec. 21.14.2. Criteria and Design.
The criteria and specific design standards for transportation related development as described in this Article
are set by the City's Public Works Specification Manual.
Sec. 21.14.3. Additional Design Requirements.
A. Purpose and Applicability.
The purpose of this Section is to establish additional development standards applicable to certain
streets within the City to ensure uniform and quality development resulting in an attractive environment
compatible with businesses and residential dwellings which does the following:
a. Provides an environment and living conditions favorable to the public;
b. Provides a creative approach to land use and related physical development;
C. Creates a pattern of development which preserves trees and outstanding natural topography
and prevents soil erosion and pollution;
d. Encourages mixed use development through innovative uses of modern development concepts;
and;
e. Produces open space and recreation areas.
2. The requirements of this section shall be applicable to I1-1-35, IH-10, and all roadways classified as
Principal Arterials or Secondary Arterials in the Master Thoroughfare Plan.
B. Permitted Uses. Buildings, structures and land shall be used in accordance with the uses permitted in the
applicable zoning district and shall comply with the dimensional requirements of that district in accordance
with Article 5 of this UDC.
C. Building Setback Line. A minimum fifty -foot (50') building setback shall be required adjacent to all rights -of -
way. A waiver may be granted by the Planning and Zoning Commission which would allow for a reduction in
the minimum required setback when an alternative site layout and design provides for additional open space
or landscaping and off-street parking will be located entirely at the rear of the building or lot. In no case shall
the minimum building setback be reduced less than the minimum required setback for the applicable zoning
district in. The requirements of this section are not applicable to properties zoned Main Street Mixed -Use -
New Development (MSMU-ND).
D. Driveways and Access (Connectivity). Access shall be limited to provide for safe traffic flow and the design shall
provide interior drives to limit the number of accesses to the public right-of-way. Access easement should be
utilized to limit the number of driveway accesses. Accesses should be planned to match existing driveways or
street intersections on the opposite side of the street. All driveways shall have a minimum sight distance of
two hundred forty (240') feet.
Created: 2822-09-12 11:25:13 [EST]
(Supp. No, 6)
Page 5 of 11
E. Screening. A masonry screening wall a minimum of eight foot (8') in height shall be provided where the rear
yard of any residential or nonresidential lot abuts a Principal or Secondary Arterial. Any masonry screening
wall constructed as part of a new residential subdivision shall be constructed of a like and similar material and
color as screening walls in adjacent subdivisions to provide a consistent streetscape.
(Ord. No. 16-5-27, § 9, 8-30-2016; Ord. No. 17-5-40, § 1(Exh. A), 10-24-2017; Ord. No. 21-5-26, § 1(Exh. A), 7-6-
2021)
Sec. 21.14.4. Alleys.
A. Commercial and industrial Districts. Alleys provided within commercial and industrial districts shall be privately
owned and maintained and not less than twenty-four feet (24') paved width.
B. Garden Home (GH) Zoning Districts. Where garden home districts are designated by the developer to require
rear ingress/egress, twenty-four feet (24') paved alley shall be provided.
C. Intersections and Turns. Alley intersections and sharp changes in alignment shall be avoided, but where two
(2) alleys intersect, or an alley turns at an angle sharper than one hundred degrees (100% a cut off not less
than ten (10') feet from the normal intersection of the property lines shall be provided and shall be designed
in accordance with the adopted Fire Code.
D. Dead End Alleys. Dead end alleys are prohibited.
E. Construction Standards. All alleys shall be constructed in accordance with the standards prescribed in the
Public Works Specifications Manual.
F. Limitations. Construction of alleys is limited to commercial and industrial districts and prohibited in residential
areas except in garden home zoning districts.
Sec. 21.14.5. Driveways.
The arrangement, placement, spacing, width and return radii of all driveways connecting to a street, roadway
or alley shall be constructed, provided, altered or repaired in accordance with requirements of the Public Works
Specifications Manual. For all driveways connecting to a state roadway facility, the arrangement, placement, spacing,
width, etc. shall be in accordance with TxDOT requirements.
A. Commercial Property,
1. Curb cuts for commercial driveway aprons shall not exceed forty feet (40') in width as measured at the
ROW line, and the aggregate width of all curb cuts shall not exceed fifty percent (50%) of the parcel
frontage.
2. Where multiple driveway aprons are used for commercial property, the curb cuts shall be at least two
hundred feet (200') apart on collector streets and four hundred feet (400') apart on arterial streets
provided a minimum of fifty feet (50') of spacing as measured along the curb is available between all
approaches, including curb cuts on adjacent properties.
4. For parcels of commercial property, no curb cut will be permitted for any parking facility which
requires vehicles to enter a street in reverse.
B. Curb Cuts in Curb Returns. No curb cut in curb returns will be permitted in the City.
C. Waivers. Where the City Manager or his/her designee finds that extraordinary hardship may result from strict
compliance with the regulations prescribed in this Article, the City Manager or his/her designee may vary the
regulations so that substantial justice may be done and the public interest secured, provided that such waiver
will not have the effect of nullifying the intent and purpose of this Article. In granting waivers and
(Supp. No. 6)
Page 6 of 11
Created: 2922-09-12 11:25:14 [EST]
modifications, the City Manager or his/her designee may require such conditions as will, in his/her judgment,
secure substantially the objective of the standards or requirements so varied or modified. In the event the City
Manager or his/her designee should disapprove a request for a waiver, the applicant may request an appeal
to the Planning and Zoning Commission.
(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017)
Sec. 21.14.6. Sidewalks and Hike and Bike Trails.
A. Requirement. Sidewalks shall be required along both sides of all streets throughout the City as required in
section 21.14.1. All lots must have access to sidewalks.
B. Curb Ramps. Curb ramps shall be provided at all street intersections at the time of construction or
reconstruction and shall comply with the provisions in the Federal Register 28, CFR part 36 (Americans with
Disabilities Act or ADA) and Texas Accessibility Standards as amended from time to time.
C. Location and Width. Where sidewalks are required, they shall be installed in accordance with the Public Works
Specifications Manual and shall be a minimum of five feet (5') in width. Sidewalks placed directly against curbs
shall be six feet (6') minimum width.
D. Timing of Construction. Sidewalks shall generally be installed concurrently with the construction of the primary
structure on a lot except on primary or secondary arterials where they shall be installed concurrently with
street construction.
E. Construction Concurrent with Street Construction. If a street is constructed which shall have no residential lot
access points, then sidewalks shall be installed concurrently with street construction.
F. Corner Lot. Where sidewalks are installed on corner lots, sidewalks shall be installed along both street
frontages and shall be extended to the curb with handicapped access ramps in accordance with current ADA
and Texas Accessibility standards.
G. Waiver or Deferment of Sidewalk installation. The City Manager or the City Engineer may waive the
requirements of this section where he/she finds that topographical conditions or other unique conditions exist
which would preclude the construction of sidewalks. The Planning and Zoning Commission may defer the
installation of sidewalks to a time deemed more appropriate. If the installation of sidewalks is deferred, the
developer shall provide a subdivision improvement agreement in accordance with section 21.4.3.5
guaranteeing the installation of sidewalks.
H. Nike and Bike Trails. The City recognizes the need for connectivity and adequate access to and from public
parkland areas and to provide for safe bicycling and pedestrian transportation. Hike and bike trails shall be
installed in accordance with the Public Works Specification Manual. Additionally, hike and bike trails shall
conform to the requirements as set forth in the City's Parks Master Plan and the Master Thoroughfare Plan.
In -lieu of construction of sidewalks in accordance with this Article, the City may, at its option, require
construction of a hike and bike path adjacent to the street right-of-way. Any required hike and bike path shall be
constructed in -lieu of the minimum sidewalk along one (1) side of the street, unless under the requirements of
subsection 21.14.3.D. above.
(Ord. No. 17-S-43, § 1(Exh. A), 10-24-2017)
Sec. 21.14.7. Traffic Impact Analysis.
A. Application Requirements. Every application for development within the City or its ETJ shall be accompanied
by a Traffic Impact Analysis (TIA) Determination Form provided in the Development Manual. The TIA
(Supp. No. 6)
Page 7 of 11
Created: 2022-09-12 11:25:14 [EST]
Determination Form shall be utilized to determine the level. of TIA required or if the development is eligible for
a TIA waiver.
B. TIA Required. The threshold requirement for a TIA and the level of TIA required shall be based on a land use or
combination of land uses that results in peak hour trips in accordance with Table 21.14.7A. If the proposed
land use does not exceed the peak hour trip threshold, a TIA waiver shall be noted on the TIA Determination
Form. Peak hour trips shall be based on the most current edition of the Institute of Traffic Engineers (ITE) Trip
Generation Manual.
Table 21.14.7A
TIA Requirements
Peak Hour Trips Generated
TIA Level Required
1,001 or more
Level 3 TIA
501-1,000
Level 2 TIA
101-500
Level 1 TIA
100 or less
None Required
C. TIA Scope. If a TIA is required, the applicant shall meet with the City Manager or his/her designee to determine
the scope for the study prior to beginning work on the TIA. The applicant shall be prepared, prior to the
meeting with the City Manager or his/her designee, to discuss potential intersections, streets, and driveways
to be evaluated, data assumptions or any other information required by the City Engineer.
D. TIA StudyArea. The study area required for the TIA shall be based on the level of the TIA required in Paragraph
B. above. The City Manager or his/her designee may, at his/her discretion, require additional area to be
included in the study area if deemed necessary to provide adequate review of the transportation network. The
following Table 21.14.7E identifies the minimum acceptable study area:
Table 21.14.78
TIA Study Areas
TIA Level Study Area
Level 1 or 2 TIA The site area and the area within a one quarter (%)
mile radius from the boundary of the site.
Level 2 TIA At the discretion of the City Manager or his/her
designee, the study area may be extended up to a
maximum of one (1) mile from boundary of the site.
Level 3 TIA The site area and the area within a one (1) mile radius
from the boundary of the site.
E. TIA contents. The TIA shall conform to accepted industry standards and shall include a detailed description of
the area street network, a description of proposed land uses, the anticipated stages of construction, the
anticipated completion date of the various phases of land development, and the trigger points requiring
implementation of necessary improvements. The City Engineer may require any additional information
necessary to ensure adequate review. Additional information required may include, but not be limited to,
analysis of weekend trip generation and traffic, traffic signal warrant analysis, gap analysis, queue length
analysis, stopping sight distances, and pedestrian counts. The TIA shall contain, at a minimum, the following
information:
(Supp. No. 6)
Page 8 of 11
Created: 2022-09-12 11:25:14 [EST]
1. Trip generation rates for both the A.M. and P.M. peak periods using the ITE Trip Generation Manual
linear trip generation rates, except where the ITE Trip Generation Manual clearly indicates the use of
regression equations better captures the trip generation estimates, for all the land uses specified;
2. Trip distribution;
3. Adequacy determination for existing and proposed street cross -sections by phase of development
based on the Transportation Research Board's Highway Capacity Manual (HCM);
4. Intersection Level of Service (LOS) analysis for each phase of development, driveway sizes, locations,
and adequacy based on the HCM;
S. Layout showing lane usage (pavement marking layout) for all boundary streets including driveway
locations and roadway geometry within the site;
6. Driveways and intersecting streets connecting to boundary streets including all lane widths, traffic
islands, medians, sidewalks, curbs, and traffic control devices;
7. Existing and proposed turning movement counts for the site;
8. Identification of and timing for transportation improvements both on -site and off -site within the study
area, if any, needed to mitigate the effects of the additional traffic generated by the development. The
development is responsible for the full costs of implementation of the improvements including costs of
right-of-way acquisition, utility relocation, design and construction;
9. Traffic Impact Analysis Elements
a. Establish the baseline traffic conditions and peak hour operations prior to development of the
subdivision or site This baseline shall be used to establish the existing Level of Service (LOS) of the
key intersections, and street segments where appropriate.
b. LOS analysis for the future opening date of the development. This analysis shall be based on the
baseline traffic conditions described above, plus the estimated traffic growth from the baseline to
the future opening date.
(Supp. No. 6)
C. LOS analysis at the future opening date including the development traffic. This analysis shall be
based on the traffic conditions described in Section 21.14.E.9.b above plus the development traffic
distributed onto the roadway network. Special analysis may be required to determine signal
warrants, gap analysis, minimum safe sight distances, drive approach locations, turning lane
length, or similar requirements.
d. Mitigation improvements shall be identified to either maintain a minimum LOS of C, or when the
projected traffic delay values measured in seconds pervehicle is already below a LOS Cto maintain
the delay value to within ten (10) percent of the traffic delay identified in Section 21.14.6.E.9.b
above for unsignalized intersections and to within twenty (20%) percent of the traffic delay
identified in Part B above for signalized intersections.
e. For intersections functioning below a LOS of C as described in paragraph b above (Sec. 21.14.6.E.9(b)),
the City may participate in the casts of improvements to achieve proportionality between the
traffic impacts created by the proposed developments and the City's obligation to provide
adequate streets and intersections. The percentage of development traffic added to the
intersection to the intersection traffic as described in Section 21.14.6.E.9.b above will be used as
the basis for determining the development's proportionate cost of improvements. Such agreement
and timing of collection of those costs shall be determined by the execution of an Escrow
Agreement for the development's proportionate share of the improvements.
Page 9 of 11
Created: 2022-09-12 11:25:14 [EST]
Comply with the Public Works Specification Manual requirements.
10. For projects adjacent to a TxDOT ROW, the TIA shall be accompanied by a letter from TxDOT which
outlines any agreements between the developer and TxDOT for planned improvements; and
11. The TIA shall be certified by a Texas Licensed Engineer with experience in the field of traffic engineering.
TIA Submittal. upon completion of the TIA, the applicant shall submit a digital copy of the report to the City
Engineer or his/her designee. The applicant shall be responsible for submitting copies of the report to TxDOT,
or any other entities, as required.
G. TIA Review, The TIA shall be reviewed by the City Engineer or his/her designee and any other necessary review
authorities. Review comments shall be provided to the applicant for response. Response by the applicant shall
be in electronic format. The applicant shall submit a final copy of the TIA to the City Engineer containing all
modifications prior to final approval of the application for which the TIA was conducted.
H. City Assistance in Development. While providing for improvements, the City may cooperate with the developer
in the use of its governmental powers to assist in the timely and cost-effective implementation of
improvements. Assistance shall not mean financial aid in actual easement acquisition, construction or
engineering costs. Specifically, the City agrees to:
1. Assist in the acquisition of necessary right-of-way and easements;
2. Assist in the relocation of utilities;
3. Assist in obtaining approvals from applicable county entities;
4. Assist in obtaining approvals from TxDOT; and
S. Assist in securing financial participation for major street improvements from applicable county entities
TxDOT or the Metropolitan Planning Organization.
TIA Revisions. It is recognized that the scope of the developer's plans may change from time to time. The
monitoring reports may also demonstrate changes in the area street conditions and travel patterns within and
around the City. Periodic updates to the TIA may be required to address these issues and identify changes to
the level of service at study intersections and streets. When a development change occurs that deviates from
the activity on which the previous TIA was submitted and accepted, and the new activity places the project in
a different TIA level as defined by Table 21.14.7A from that of the previous TIA or generates an increase of at
least 100 peak hour trips relative to the previous TIA, the property owner or its agent shall perform and submit
to the City an updated TIA. These updates shall address modifications to the magnitude and timing of
improvements recommended by the original TIA. Any TIA amendments must be acceptable to the City.
(Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018)
Section 21.14.8 Conflicts.
A. If any provisions of this section are in conflict or inconsistent with provisions in any other City regulations,
the order of precedence shall be
(Supp. No. 6)
a. Master Thoroughfare Plan
b. Public Works Specification Manual
Page 10 of 11
Created: 2022-09-22 11:25:14 [EST]
(Supp. No. 6)
Page 11 of 11
Created: 2022-09-12 11:25:14 [EST]