1. Joint Workshop City Council Planning & Zoning Commission
Tobin E. Maples, AICP
City Manager
&
Charles E. Zech
City Attorney
Denton Navarro Rocha Bernal & Zech, P.C.
March 28, 2018

2. Workshop Topics Texas Open Meetings Act Introduction to City Planning
Introduction to Comprehensive Planning
Introduction to Zoning
Introduction to Subdivision Regulations
City Council, Planning & Zoning Commission, and City Staff Roles

3. Texas Open Meetings Act
Public business should be conducted in public.
The general rule is every meeting is open to the public.
Citizens have the right to observe deliberations and votes.
No right to choose subject matter
No right to speak

4. Pitfalls Walking quorums Group emails Group texts
Meeting Sect (4)(B) - A gathering
that is conducted by the governmental body or for which the governmental body is responsible
at which a quorum of members of the governmental body is present
(iii) that has been called by the governmental body
(iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the pubic business or public policy over which the governmental body has supervision or control.

5. Introduction to City Planning
The City Planner is a leader….. urging progress with quiet but unrelenting persistence.”

6. Why Do Cities Plan? To satisfy certain legal requirements
To realize common values that are vital to collective well-being
Quality of life
Crime prevention
Protect & sustain investment – private & public
Environmental compliance - clean potable water supply, MS4/storm water, etc.
To establish direction and order to the physical, social, economic, and environmental development of the community
Growth management
Capital improvement programming
To enhance decision making and policy development
Financial planning & integrity - truth-in-taxation
Asset management
Delivery of services programming
Many others….!

7. How Do Cities Plan?
Create A Vision – a description of what the community wants with input from all members of the community- VISIONING PROCESS
Prepare A Plan – Develop a plan to achieve the vision. Plan includes but is not limited to goals, objectives, policies, strategies, programs, market conditions, etc. This plan is called – COMPREHENSIVE PLAN, MASTER PLAN, LAND USE PLAN
Implement The Plan – Formulate strategies to make the plan happen. The primary tools to implement the plan are ZONING and SUBDIVISION REGULATIONS.
Monitor & Evaluate The Plan – Formulate measures, evaluate effectiveness, results, and impacts. Revise/update goals, objectives, policies, strategies, plans, programs, etc., to accommodate and/or correct deviations ( years). STAFF, Citizen, policy body, and stakeholder

8. What Tools Do Cities Use To Plan and Implement?
Comprehensive Plan
Conveying Vision, Goals, Objectives, etc.
Zoning
Euclidean Vs Form Based
Subdivision Regulations
Conversion/Division of Land
Life Safety Codes – International family of codes
Building, Fire, Electrical, Health, etc.
Annual Budget
FY Policy and Guide

9. Introduction to Comprehensive Planning

10. What is a Comprehensive Plan?
It is the Vision of the City That the Community Wants to Become
It is the City’s statement of Overall Policy Objectives for growth management, carrying capacity, and delivery of services
It is a Long-range Plan intended to direct the Growth & Physical Development of the City over a 20 to 30 year period.
It is the Legal Basis for Zoning
It encompasses many Components
Population
Land Use
Transportation
Water & Wastewater
Drainage
Community Facilities
Open Space/Parks
Housing
Environment
Others…!

11. Introduction to Zoning

12. What is Zoning?
Zoning is the division of land into distinct districts and the regulation of certain uses and developments within those districts.
It is the process to legally control the use that may be made of property and the physical configuration of development
The power of a municipality to establish zones is a police power and the adoption or amendment of a zoning ordinance is a legislative function.

13. Zoning
Early 1920’s US Department of Commerce produced model zoning act, Standard State Zoning Enabling Act (SZEA)
In SZEA, states delegated zoning power to local governments
Limitations imposed on local governments
Texas adopted SZEA in 1927 – TLGC Chapter 211
No zoning power delegated to counties

14. What Can Zoning Regulate?

15. What Can Zoning Regulate? LGC § 211.003
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;

16. What Can Zoning Regulate? LGC § 211.003
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).
the size, shape, and placement of buildings on the land.

17. What Must Zoning be Designed to do?

18. What Must Zoning be Designed to do? LGC § 211.004
Lessen congestion in the streets
Secure safety from fire, panic, dangers
Promote health & general welfare
Provide adequate light & air

19. What Must Zoning be Designed to do? LGC § 211.004
Prevent overcrowding of land
Avoid undue concentration of population
Facilitate adequate provision of transportation, water, sewer, schools, parks, etc.

20. Zoning Commissions LGC § 211.007
Home Rule must have a zoning commission
A planning commission may serve as the zoning commission

21. Zoning Procedure Initial Zoning LGC § § 211.006 & .007
Zoning procedures must be followed or else zoning ordinances are void
City Council establishes regulations and procedures for adopting and enforcing regulations and boundaries.
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.
Zoning regulations must be uniform for each class or kind of building in a district but may vary from district to district.

22. Zoning Procedure Initial Zoning LCG § § 211.006 & .007
City Council and Planning and Zoning Commission holds a joint public hearing on proposed regulations and district boundaries.
Regulations shall be adopted with reasonable consideration for the character of each district and its peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the municipality.
A Preliminary Report is formulated by the Planning and Zoning Commission based on the above determinations
City Council adopts zoning regulations and district boundaries.

23. Zoning Amendments LCG § 211.006
A final report must be provided to the City Council before final action on a zoning classification change
Written protest by 20% of lots or area of land covered or within 200 feet of a proposed change in zoning classification requires a 3/4 vote of all members of the city council
Council may require ¾ vote of all members to overrule a recommended denial of a change in zoning classification by the Planning & Zoning Commission (must be in ordinance)

24. Zoning Procedure Amendments LCG § § 211.006 & .007
Two Potential Changes to a zoning ordinance
Change in Classification (USE)
Change in Regulation
Separate Process for Each
Different Process depending on existence of Zoning Commission

25. Classification Change LCG § § 211.006 & .007
A joint public hearing is held with the City Council and the Planning and Zoning Commission to receive input from the public
Zoning Commission
 11 days before joint public hearing, written notice to owners within 200 feet
 Post agenda 72 hours prior to hearing
 Preliminary Report created from PH
City Council
 Newspaper notice 16 days prior to joint public hearing
 City Council receives Preliminary Report
 City Council adopts zoning classification change

26. Regulatory Change LCG § § 211.006 & .007
A joint public hearing is held to receive input from the public
Zoning Commission
 Post agenda 72 hours prior to hearing
 Preliminary Report created from PH
City Council
 Newspaper notice 16 days prior to hearing
 City Council receives preliminary report
 City Council adopts regulatory Change

27. Specific/Special Use Permits (SUP)
SUPs are uses that a zoning ordinance permits but are screened and specially approved based on particular conditions and 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.

28. Planned Developments
Development that does not fit the standards within the standard zoning
Unique circumstances
Mixed Uses
Multi-family
Office Developments
Retail
Hospital Facilities
Hotels

29. Comprehensive Plan and its Impact LGC § § 213.00 et. al. & 211.004
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)

30. Zoning Pitfalls Exclusionary Zoning Constitutional Issues
Where the intent or effect of zoning excludes certain people such as racial minorities, ethnic groups, lower income, etc.
Constitutional Issues
Substantive Due Process – goes to far
Procedural Due Process – notice and opportunity to be heard (Legislative vs. Administrative)
Spot Zoning
Takings

31. Zoning Pitfalls Regulation of certain uses
Religious institutions - RILUPA
Manufactured homes - TMHSA
Sexually Oriented Businesses (SOB) – LGC section et. al.
Alcohol sales – TABC
§ CODE EXCLUSIVELY GOVERNS. Unless otherwise specifically provided by the terms of this code, the manufacture, sale, distribution, transportation, and possession of alcoholic beverages shall be governed exclusively by the provisions of this code.

32. Zoning Pitfalls Regulation of certain uses
Group homes – THRC section
Sec ZONING AND RESTRICTION DISCRIMINATION AGAINST COMMUNITY HOMES PROHIBITED. (a) The use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential.
(b) A restriction, reservation, exception, or other provision in an instrument created or amended on or after September 1, 1985, that relates to the transfer, sale, lease, or use of property may not prohibit the use of the property as a community home.
Federal Fair Housing Act

33. Zoning Pitfalls Regulation of certain uses
Pawn Shops – LGC section
§ ZONING REGULATIONS APPLICABLE TO PAWNSHOPS.
(b) ….. the governing body of a municipality shall designate pawnshops that have been licensed to transact business by the Consumer Credit Commissioner under Chapter 371, Finance Code, as a permitted use in one or more zoning classifications.
(c) The governing body of a municipality may not impose a specific use permit requirement or any requirement similar in effect to a specific use permit requirement on a pawnshop …...
Cell Towers – Federal Telecommunications Act
Amateur Radio Antennas – Texas and Federal

34. Introduction to Subdivision Regulations

35. Sample Residential Subdivision

36. Sample Residential Subdivision (Snapshot)

37. What are Subdivision Regulations?
Subdivision regulations are not to be confused with zoning!
Zoning regulates the use and physical development of the land, inclusive of density.
Zoning is not applicable in the ETJ
Subdivision regulations govern the orderly division of land into two or more parts, inclusive of the necessary provision of services required to service the land (streets, parks, utilities, drainage, etc.)
A City may not utilize subdivision regulations to regulate land use, density, height, number, or size of buildings.

38. Basic Land Development Tools Zoning and Platting
Zoning regulates the use of land. Zoning authority may be extended to areas within a municipality’s corporate limits. Once established, the Council has discretion to approve or disapprove requests for changes to the zoning map.
Subdivision and Platting regulates the subdivision of land. May be extended to a city’s extraterritorial jurisdiction. If plat application complies with Chapter 212 and municipality’s platting regulations it must be approved.

39. Purpose of platting regulations
Primary areas that the plat approval process addresses are: ingress and egress; water, sewer, electricity and other utilities; and drainage
Additional subdivision and platting regulations can include matters such as tree preservation; storm water detention; water quality.

40. Plat & Subdivision Authority
Adoption of Subdivision Regulations
After a Public Hearing on the matter cities may adopt rules governing plats and subdivisions of land within the municipality’s jurisdiction 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 §

41. When are Plats Required? LGC § 212.004
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.

42. When are Plats Required? LGC § 212.004
EXCEPTION
Division into lots greater than Five Acres where each part has access and no public improvement is being dedicated
A municipality need not require platting for every division of land not covered by the scope of section

43. AUTHORITY RESPONSIBLE FOR APPROVAL GENERALLY LGC § 212.004
The municipal authority responsible for approving plats under this subchapter is the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality. The governing body by ordinance may require the approval of the governing body in addition to that of the municipal planning commission.

44. What are Subdivision Regulations?
Types of plats
Minor plats, replats, residential replat, amending plat, vacating plats, development plats, final plats
Basic subdivision controls
Rights of way dedication (r-o-w), utility provision or extension, parks, impact fees, ingress/egress
Subdivision regulations are applicable in the City & ETJ.
A City may not utilize subdivision regulations to regulate land use, density, height, number, or size of buildings.

45. Approval Procedure LGC § 212.009
The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed

46. Standards for Approval LGC § 212.010
A Plat MUST be approved If:
It conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities; AND

47. Standards for Approval LGC § 212.010
A Plat MUST be approved If:
the extension of the municipality and its roads, streets, and public highways within the municipality taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; AND

48. Standards for Approval LGC § 212.010
A Plat MUST be approved If:
It conforms to the city’s subdivision regulations

49. Approval Procedure LGC § 212.009
A plat is considered APPROVED unless it is denied within 30 days after the date the plat application is filed

50. What is the Role of the City Council?
Serves at the will of the citizens as the local legislative body (City Council)
Act as the final authority in required and discretionary functions
Comprehensive planning
Zoning
Platting
Other growth management initiatives related to the physical development of the city.
City Council is the final authority in all matters, save and except for certain specified zoning matters (ZBA).

51. What is the Role of the P&Z?
Serves at the will of the City Council with limited powers (no final authority)
Act as an advisory group to the City Council in required and discretionary functions
Comprehensive planning
Zoning
Platting
Other growth management initiatives related to the physical development of the city.
P&Z members shall deal with city staff solely through the City Council, City Manager, or the City Manager’s designee to the P&Z.
Limited powers (not the final authority)

52. What is the Role of the City Staff?
Responsible for implementing the ordinances and policies adopted by the City Council and for upholding State and Federal laws and regulations, inclusive of all planning and zoning matters.
Comprehensive planning
Zoning
Platting
Other growth management initiatives related to the physical development of the city.
Provide the P&Z and City Council with professional, technical, and clerical services
Manage all pre-application submittal meeting requirements for planning and zoning matters
Prepare agendas and necessary supporting material for P&Z and City Council packets
Review and analyze applications, compare to plans and ordinances
Submit findings with professional recommendations and advice to P&Z for consideration
Submit findings with professional recommendations and advice, inclusive of final P&Z recommendations, for City Council consideration.
Keep a true copy of all P&Z proceedings;
Have custody and maintain all P&Z records;
Give and serve all notices required for public hearings; and
Attend to all official correspondence and communications to and of the P&Z

53. End Goal (Citizen Satisfaction)

54. Questions ?
Thank You!