MUNICIPAL LAND USE REGULATORY AUTHORITY 2014 Eagle Ford Consortium April 22, 2014 Presented by: Jameene Y. Banks Denton Navarro Rocha Bernal Hyde & Zech, P.C North Main, San Antonio, Texas (210) Phone; (210) Facsimile

ZONING PLATS AND SUBDIVISIONS ANNEXATION ECONOMIC DEVELOPMENT AGREEMENTS DEVELOPMENT AGREEMENTS

3 COMPREHENSIVE PLAN AND ITS IMPACT LGC § § et. al. &  A city may adopt a comprehensive plan which may:  Include provisions on land use, transportation and public facilities;  Consist of a single plan or a coordinated set of plans organized by subject and geographic area; and  be used to coordinate and guide the establishment of development regulations  City is not required to have a comprehensive plan in order to zone; HOWEVER  If a city adopts a comprehensive plan it must be followed when making zoning decisions. LGC § (a) Denton Navarro Rocha Bernal Hyde & Zech P.C

4 What Can Zoning Regulate? LGC §  Height, number of stories, and size of buildings and other structures;  Percentage of a lot that may be occupied;  Size of yards, courts, and other open spaces;  Population density;  The location and use of buildings, other structures, and land for business, industrial, residential, etc.;  Construction in areas of historical, cultural, or architectural importance;  The bulk of buildings (if home-rule) Denton Navarro Rocha Bernal Hyde & Zech P.C.

5 What Must Zoning be Designed to do? LGC §  Lesson congestion in the streets  Secure safety from fire, panic, dangers  Promote health & general welfare  Provide adequate light & air  Prevent overcrowding of land  Avoid undue concentration of population  Facilitate adequate provision of transportation, water, sewer, schools, parks, etc. Denton Navarro Rocha Bernal Hyde & Zech P.C

6 Zoning Pitfalls  Exclusionary Zoning (excludes racial minorities, ethnic groups, lower income, etc.)  Constitutional Issues  Substantive Due Process – legislation goes to far  Procedural Due Process – notice and opportunity to be heard  Equal Protection  Takings  Regulation of certain uses  Religious institutions - RILUPA  Manufactured homes - TMHSA  SOB’s – LGC section et. al.  Alcohol sales – TABC Denton Navarro Rocha Bernal Hyde & Zech P.C.

More Zoning Pitfalls  Group homes – THRC section  Federal Fair Housing Act  Pawn Shops – LGC section  Cell Towers – Federal Telecommunications Act  Amateur Radio Antennas – Texas and Federal Denton Navarro Rocha Bernal Hyde & Zech P.C. 7

8 Zoning Commissions LGC §  Home Rule must have  General Law may have  A planning commission may serve as the zoning commission  If no commission, city council performs functions of zoning commission Denton Navarro Rocha Bernal Hyde & Zech P.C.

9 Zoning procedures must be followed or else zoning ordinances are void City council establishes regulations and procedures for establishing district boundaries and adopting regulations. Zoning Commission (or council if none) conducts land- use inventories, determines preliminary land-use goals and policies, formulates specific district regulations, and draws tentative district boundary lines. A Preliminary Report is formulated based on the above determinations and is made to the City Council for final approval Zoning Procedure LCG § § &.007 Denton Navarro Rocha Bernal Hyde & Zech P.C.

Citizen Input A public hearing is held to receive input from the public on the Preliminary and Final Report. Public Hearings must be held before both the P & Z and City Council Denton Navarro Rocha Bernal Hyde & Zech P.C. 10

Zoning Tools for Unique Circumstances Specific Use Permits: Allows uses that zoning ordinance permits but requires screening or special conditions to ensure suitability. – The authority to grant an SUP must be provided for in the zoning ordinance. – The ordinance must specify the conditions to be met for the SUP. Denton Navarro Rocha Bernal Hyde & Zech P.C. 11

Planned Developments Development that does not fit the standards within the standard zoning Unique circumstances Allows for Mixed Uses of Land: (Multi Family, Office Developments, Retails, Hospitals and Hotels) General Requirements: – Designate a minimum size – Plan the development as an integrated unit – Traffic and parking requirements – Buffer zones; Landscaping – Height and density regulations – Formal zoning amendment process required Denton Navarro Rocha Bernal Hyde & Zech P.C. 12

Plat & Subdivision Authority After a Public Hearing on the matter cities may adopt rules governing plats and subdivisions of land within the municipality’s jurisdiction (including the ETJ) to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the city. Tex. Loc. Gov’t Code § Denton Navarro Rocha Bernal Hyde & Zech P.C. 13

When are Plats Required? LGC § Owner divides the tract into 2 or more parts to lay out a subdivision, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts. Denton Navarro Rocha Bernal Hyde & Zech P.C. 14

The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed A Plat MUST be approved If It conforms to the general plan of the municipality. A Plat MUST be approved If It conforms to the general plan of the municipality. A plat is considered APPROVED unless it is denied within 30 days A plat is considered APPROVED unless it is denied within 30 days Denton Navarro Rocha Bernal Hyde & Zech P.C. 15

Annexation Authority Chapter 43 Texas Local Government Code Home Rule Cities – Local Government Code – Full Power of Annexation – Charter Provisions General Law Cities – Local Government Code – Limited Powers of Annexation – Unilateral / Petition Denton Navarro Rocha Bernal Hyde & Zech P.C. 16

Type A General Law City Section – AUTHORITY OF GENERAL-LAW MUNICIPALITY WITH POPULATION OF MORE THAN 5,000 TO ANNEX AREA ON PETITION AND ELECTION OF AREA VOTERS – Less than 1 mile in width – Petition signed by 100 or more qualified voters of the area – Municipality orders election Sec AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA ON REQUEST OF AREA VOTERS. – ½ or less in width – Majority vote by area qualified voters 17 Denton Navarro Rocha Bernal Hyde & Zech P.C.

Type A Cont. Sec AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA IT OWNS. Sec AUTHORITY OF MUNICIPALITIES TO ANNEX SPARSELY OCCUPIED AREA ON PETITION OF AREA LANDOWNERS. – Less than ½ mile in width – vacant and without residents or on which fewer than three qualified voters reside – Owners must petition for annexation Sec AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA ON REQUEST OF AREA VOTERS. – ½ or less in width – vacant and without residents or on which fewer than three qualified voters reside 18 Denton Navarro Rocha Bernal Hyde & Zech P.C.

Other Land Use Tools Public Improvement Districts Neighborhood Empowerment Zones 380 Agreements Development Agreements Several other specialized programs and district authorized by statute Denton Navarro Rocha Bernal Hyde & Zech P.C. 19

Ch. 380 Programs and Agreements The governing body of a municipality may establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality. For purposes of this subsection, a municipality includes an area that: Denton Navarro Rocha Bernal Hyde & Zech P.C.20

(1) has been annexed by the municipality for limited purposes; or (2) is in the extraterritorial jurisdiction of the municipality. (b) The governing body may: (1) administer a program by the use of municipal personnel; (2) contract with the federal government, the state, a political subdivision of the state, a nonprofit organization, or any other entity for the administration of a program; and (3) accept contributions, gifts, or other resources to develop and administer a program. Denton Navarro Rocha Bernal Hyde & Zech P.C. 21

Development Agreements LGC Ch. 212 Allows a city to enter into agreements governing land use in the city’s ETJ; Can do creative things: (1) guarantee the continuation of the extraterritorial status of the land and its immunity from annexation by the municipality; (2) extend the municipality's planning authority over the land by providing for a development plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized; (3) authorize enforcement by the municipality of certain municipal land use and development regulations in the same manner the regulations are enforced within the municipality's boundaries; (4) authorize enforcement by the municipality of land use and development regulations other than those that apply within the municipality's boundaries, as may be agreed to by the landowner and the municipality; Denton Navarro Rocha Bernal Hyde & Zech P.C. 22

(5) provide for infrastructure for the land, including: – (A) streets and roads; – (B) street and road drainage; – (C) land drainage; and – (D) water, wastewater, and other utility systems; (6) authorize enforcement of environmental regulations; (7) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties; (8) specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; or (9) include other lawful terms and considerations the parties consider appropriate. Denton Navarro Rocha Bernal Hyde & Zech P.C. 23