§ 31-5 DECISIONS.
(a) Continuance. An applicant may request a continuance in accordance with Tex. Local Government Code § 212.009(b-2) if received in writing prior to publication of public notice, generally ten days prior to a public hearing. Any request received after public notice is served shall be at the discretion of the commission. An applicant may request a continuance on construction plans delegated to the director or the director's designee in accordance with Tex. Local Government Code § 212.009(b-2) if received in writing by the director or the director's designee.
(b) Approval. The commission or director shall approve any plan or plat, as applicable, that conforms to this chapter, the comprehensive plan as it applies within the city limits (except where it conflicts with existing zoning) and its appendices; master thoroughfare plan; parks and recreation policies, applicable infrastructure policies and manuals; Meacham, Alliance and Spinks Airport Controls; other city codes, ordinances, policies, rules or regulations; and applicable state and federal laws.
(c) Conditional approval.
(1) The commission or director, as applicable, may conditionally approve a plan or plat where there is a master thoroughfare plan amendment, a rezoning or board of adjustment application is pending or when a plat or plan does not fully conform with this chapter including all plans, design standards and policy manuals incorporated by reference into the Subdivision Ordinance and other applicable regulations in the City Code and state law. The commission or director shall not deny or place conditions of approval based upon public protest, private deed covenants and agreements, or allegations that the plan or plat is not in keeping with the character of the neighborhood.
(2) Conditional approval shall constitute disapproval until all the conditions are met. If the plat or plan is approved with conditions, the commission or director, as applicable, shall provide a written statement to the applicant in accordance with Tex. Local Government Code § 212.0091.
(3) The applicant may submit a response to the conditional approval to the commission or director, as applicable, in accordance with Tex. Local Government Code § 212.0093. If submitted in accordance with filing calendar, the executive secretary shall file said response with the commission or director, as applicable, for consideration within 15 days. The commission shall approve or disapprove a response submitted in accordance with Tex. Local Government Code § 212.0093. If the response is disapproved, the commission or director, as applicable, shall provide a written statement to the applicant in accordance with Tex. Local Government Code § 212.0091.
(d) Approval with waivers.
(1) The applicant may request a waiver of the provisions of this chapter by filing a written request with the executive secretary at the time of plat or plan application submittal.
(2) a. The commission may authorize a waiver when reasonable difficulty will result from strict compliance. The commission shall consider the general purpose and intent of this chapter, the applicable infrastructure policies and state law requirements, the nature of the proposed use of the land involved relative to the need for changes in infrastructure and municipal services, existing zoning and uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the variance upon traffic conditions.
b. The director may authorize a waiver to construction plans when reasonable difficulty will result from strict compliance. The director shall consider the general purpose and intent of this chapter, the applicable infrastructure policies and state law requirements, the nature of the proposed use of the land involved relative to the need for changes in infrastructure and municipal services, existing zoning and uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the variance upon traffic conditions.
(3) a. No waiver shall be granted unless the commission or director, as applicable, finds:
1. That the effect of granting the waiver will be neither detrimental to the public health, safety or welfare nor injurious to other property; and
2. That the effect of granting the wavier will not prevent the use or orderly development of other tracts of land.
b. The findings, together with the specific facts upon which these findings are based, shall be entered as part of the official minutes of the commission meeting or the decision by the director.
(e) Denial. The commission or director, as applicable, may deny any plan or plat or that does not conform to this chapter, the comprehensive plan as it applies within the city limits (except where it conflicts with existing zoning) and its appendices, master thoroughfare plan, parks and recreation policies, applicable infrastructure policies and manuals, Meacham, Alliance and Spinks Airport controls, other city codes, ordinances, policies, rules or regulations; and other applicable state and federal laws. If the plat or plan is denied, the commission or director, as applicable, shall provide a written statement to the applicant in accordance with Tex. Local Government Code § 212.0091. The applicant may submit a response to the denial to the commission or director, as applicable, in accordance with Tex. Local Government Code § 212.0093. If submitted in accordance with filing calendar, the executive secretary shall file said response with the commission or director, as applicable, for consideration within 15 days. The commission or director, as applicable, shall approve or disapprove a response submitted in accordance with Tex. Local Government Code § 212.0093. If the response is disapproved, the commission or director, as applicable, shall provide a written statement to the applicant in accordance with Tex. Local Government Code § 212.0091.
(f) Recommendations to city council.
(1) The commission shall make a recommendation for street closures/vacations to city council for final consideration and action.
(2) The commission will make a recommendation to city council for final consideration and action for comprehensive plans, annexations and other tasks as defined by city council.
(g) Changes following commission or director approval.
(1) a. Plans or plats previously approved at the commission's public hearing may not be changed or altered without a re-hearing, except to bring the plan/plat in conformance with the conditions and requirements stipulated by the commission.
b. Changes in land use, zoning, street classifications, the configuration of street patterns, connections to perimeter streets, an increase in development intensity or extensions to the perimeter boundary of the subdivision to un-subdivided properties require a public hearing. Changes to street classifications, connections to perimeter streets or extensions to the perimeter boundary of the subdivision to un-subdivided properties shall also require the written consent of the adjacent property owner.
(2) The executive secretary may administratively review and approve the following without plan commission approval:
a. Minor alterations to internal streets and/or circulation system and alignments; and
b. A net increase in the overall dwelling unit yield of the plan. The net increase may not exceed 5% of the total residential lots rounded to the nearest whole number.
(3) The director may approve alterations to previously approved construction plans after the filing and rehearing of the altered construction plans in accordance with the requirements for filing a new construction plan for consideration.
(h) Other matters of business (OMB).
(1) Requests that are minor in nature may be placed on the commission agenda for review and consideration by the commission under the heading "other matters of business." All such requests shall be posted on the commission's agenda prior to public hearing in the manner prescribed by state law.
(2) Requests eligible as "other matters of business" include the following:
a. Change the subdivision name of a preliminary, short form or final plat;
b. Increase in lot yield of an approved preliminary plat that does not exceed 5% of the total residential lots, rounded to the nearest whole number. In granting a request, the commission shall consider that the increase is the result of a final adjustment in the plan design; adjustment in the size or configuration of public park, other open space or community facility parcels; or the elimination of oil/gas drill sites which would reasonably incur an increase in lot yield;
c. A one-year extension of the expiration date of an approved concept plan, preliminary plat, final or short form plat;
d. Vacation of a final recorded plat, where an agreed petition signed by all affected property owners has been submitted; and
e. Revisions to the subdivision ordinance or commission's rules of procedures.
(Ord. 17794, § 1, passed 9-25-2007; Ord. 17851, § 1 (App. C, Ch. 1, Art. V), passed 10-30-2007; Ord. 23195-05-2018, § 1, passed 5-1-2018; Ord. 23932-11-2019, § 1, passed 11-12-2019, eff. 11-22-2019; Ord. 24457-09-2020, § 2, passed 9-22-2020)
