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01.14.2019PLANNING AND Zt)NING COMMISSdON ME ETING Naco o e s the oldest town in Texas THE NACOGDOCHES CITY PLANNING AND ZONING COMMISSION WILL MEET IN REGULAR SESSION, MONDAY, January 14, 2019, AT 5:00 P.M. IN THE CITY COUNCIL CHAMBER ROOM 119 AT 202 EAST PILAR STREET TO CONSIDER THE FOLLOWING AGENDA ITEMS. ALL AGENDA ITEMS ARE SUBJECT TO ACTION. 1. Call to Order. 2. Introduction of Members and Staff. 3. Elect a Chairman and Vice Chairman. 4. Approval of Minutes: Consider and take action for the Minutes from the December 12, 2018 Regular Session 5. Planning and Zoning Commission Orientation. 6. Discuss 2019 Planning Projects. 7. Adjourn: Jerri Turner, Planning Assistant The City Council Chambers is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Planning Department at (936) 559-2571 or FAX (936) 559-2910 for further information. CERTIFICATION I certify that the above notice was posted on the public notice board at City Hall, 202 East Pilar Street, on Wednesday, January 9, 2019 at 3:00 p.m. I further certify that the News Media were properly notified of this meeting as stated above. Jerri Turner, Planning Assistant I certify that the attached notice and agenda of items to be considered by the Planning & Zoning Commission was removed by me from the directory outside City Hall on the day of , 2019. Name: Title: City of Nacogdoches Planning Department 202 E. Pilar — PO Box 635030 — Nacogdoches, TX 75963 936-559-2502 • Fax 936-559-2912 • www.ci.nacogdoches.tx.us Home of Stephen F. Austin State University • www.sfasu.edu PLANNING AND ZONING COMMISSION MEETING AGENDA ITEM 4 APPROVAL OF MINUTES FROM THE DECEMBER 17, 2018 REGULAR SESSION MINUTES TO THE PLANNING AND ZONING BOARD December 17, 2018— 5:00 p.m. City Council Chambers Members Present: R.J. Bohac, Don Mills, Ken Deppisch, Matt Turner, Stephanie Malott Members Absent: None Staff Present: Leo Mantey, Jerri Turner, Caleb Hill Others Present: Jeff Opperman, Cody Cogdill, Miles Bradshaw, Toadie Duckett, Ed Pool, Derek Thompson, Katie Hensley, Jennifer Klingenberg, Gloria Settle, David Yates, Kim Crisp, Roy Bolden, Gay Roach. 1. Call to Order: Chairman Matt Turner opened the meeting and called it to order at 5:00 p.m 2. Approval of Minutes: November 12, 2018 Regular Session: Chairman Turner called for a motion to approve the minutes. Commissioner Deppisch made a motion to approve the minutes and Commissioner Bohac seconded the motion and the motion passed unanimously (5-0) 3. Public Hearing: A public hearing will be held to consider a request and take action for approval of a Replat for the Summer Hill Subdivision (Lots 3, 4, and 5, Block 2) generally located on Summer Hill Circle, Nacogdoches, Texas. Planning Intern, Caleb Hill, explained this request. He stated that the subdivision is served by all utilities. The request is to divide an unbuildable lot into two lots. There are no flood issues. Chairman Turner asked if there was anyone to speak for against the request. There were no further comments. He called for a motion. Commissioner Deppisch made a motion to approve the request. Commissioner Bohac seconded the motion and the request was approved unanimously. (5-0) 4. A public hearing will be held to consider a request and take action for approval of a Replat for the North Highland Addition, Section 2, Subdivision, (Lots 28, 29, 30, 31-A) generally located on 710 Bostwick Street, Nacogdoches, Texas. City Planner, Leo Mantey stated that he is happy to see this type of development. The three lots will become two. There is already an existing single family home there. Commissioner Bohac asked if this was just a housekeeping issue. City Planner, Mantey, stated yes, it was coming before this board because it is located in an existing Single Family Subdivision. Chairman Turner asked if there was anyone to speak for the request. Jeff Opperman stated he is the surveyor on the property. He will answer any questions you have. Jennifer Klingenberg stated she is the owner of the property and they want to divide the property to build a home for her parents. P&Z Minutes Page 1 Chairman Turner called for a motion. Commissioner Deppisch made a motion to approve the request. Commissioner Malott seconded the motion and the request was approved unanimously. (5-0) 5. Public Hearing: Conduct a public hearing and consider the request for a Specific Use Permit to allow for a Communications Tower to be constructed on Lots 10-A and 12, located at the intersection of Bowie Street and Pearl Street.SUP18-01. City Planner, Leo Mantey, stated that the tower is to be constructed to improve cell communication and reception. We have to make sure all requirements are met. This board can put conditions before you vote. This property is 9 acres, zoned Agriculture. The zoning will not change. The lot is undeveloped. The tower will be the only structure on the property. It will not increase density. It will be compatible with the neighborhood and is served with basic utilities. Do not expect to see parking, but driveway will meet regulations. It will only be a pole and no lighting other than when being repaired. Trees cleared only where pole is constructed. The back half of the property falls in the 100 or 500 flood plain area. Chairman Turner asked if it would be maintained as a 9 acre property. Mantey stated that it is not subdivided, only a pole on site. Commissioner Bohac questioned the noise for the surrounding neighborhood. Mantey stated that should only be during the construction part. Commissioner Deppisch asked about other towers around town adjacent to North Street. Mantey stated that most towers he has seen are 100 feet. Commissioner Deppisch asked if it would be visible from West Austin. Mantey stated it would be pretty visible. Cody Codgill stated that he is a representative of Verizon. He stated that the noise would not be a factor. You can stand next to it and hear nothing. Commissioner Deppisch asked if there was any way to dress up the tower since it would be pretty visible to town. Codgill stated there really was not. You could camaflouge it as a tree but it would stand out worse. Commissioner Malott asked if there was a way to use another tower in town. Codgill stated that the one on North Street is already at capacity. That one is not viable. If we venture too far the phone will not connect. This is the best fit for the area. Chairman Turner asked who would maintain the site. Codgill stated that Verizon would. We are leasing the property. We have no control over the property outside of this area. Commissioner Mallot asked what would keep a dozen more towers from coming in. Mantey stated that they would have to go through our department. Just as this one has. Codgill stated this tower would be far from any structures and engineered to withstand any weather. 130 mph wind gust. P&Z Minutes Page 2 Chairman Turner asked if there were any further questions. Anyone to speak for or against. There were no further comments. He stated there should probably be a buffer up to 50 feet on either side of the stream and never clearcut. Commissioner Deppisch stated that Banita Creek Trail stops there. It should be extended and the city given access of property from South to North to continue the trail. Codgill stated that he did not understand. He does not own the property. Chairman Turner stated that an SMZ (Streamside management zone) as defined by the Texas Forest service best management practices shall be maintained on site on all areas of the property that are in contact with Bonita creek. Chairman Turner called for a motion. Commissioner Bohac made a motion to approve the request of the SMZ and with further results and research. Commissioner Mills seconded the motion. It was approved with conditions unanimously (5-0) 6. Public Hearing: Conduct a public hearing and consider the request for a Specific Use Permit to allow for a Stone, Sand, and Gravel extraction on a portion of the property (approximately 7.1 acres) described as Lots 1-A and 4-A, City Block 65, Property ID 26248, generally located at 2722 Durst Street.SUP18-02. City Planner, Leo Mantey, stated that when this request was brought before you previously, it was more of a rezone than a Specific Use Permit. This area has mixed uses. Staff does not believe this complies with the comprehensive plan. There will not be a lot of parking on site and there will also be issues with dust and noise. Chairman Turner asked if there were any questions. Miles Bradshaw stated there was no need to cut track. The whole property would remain Agriculture. He stated he would like to put a temporary driveway to access the backside for excavating. He stated he knows the topography is not perfect. There is a 10' drop on the east side. He did state that he would be happy to remain within a 20' setback. Chairman Turner asked about the vertical cliff set. Bradshaw stated it was 12-12' on average. Commissioner Bohac asked if he was willing and would stay within the 20' setback along the property lines. Bradshaw stated yes. Commissioner Deppisch wanted to clarify that if the Specific Use Permit ceases for 180 days, then this permit is gone, correct. Mantey stated that yes, if the applicant does nothing at the site for 180 days, then the SUP will become null and void. But they can come back with request. Commissioner Deppisch stated he would like to condition that every 2-3 years the board can get an update from applicant on the work. Mantey stated he could come back next year and then it would be a lifetime. Deppisch stated that would allow us to put reasonable conditions. Chairman Turner asked if anyone wanted to speak for or against the request. P&Z Minutes Page 3 Katie Hensley stated that she and Mr. Bradshaw had walked the property lines and he has explained the details. There would be a silk fence on property line and then he would stay 20' off property line with digging. Chairman Turner asked if there were any more vertical cliffs to the left at more than 12 feet. Turner stated that at end of operation the slope of 45 feet with 10 feet setbacks. No vertical faces higher than 10 feet, earth slope 100' or 45 degrees earth slope. Or an engineered retaining wall. Deppisch stated he felt the 10 foot slope at end of operation would be good. Chairman Turner asked if anyone else wanted to speak. There were no further comments. Bradshaw asked if there was a need for a revisit. Deppisch stated that having him come back in another year would be an opportunity for neighbors. Chairman Turner then called for a motion. Commissioner Deppisch made a motion that at the conclusion of sand and gravel mining operations no vertical slopes or cliff faces greater than 10 feet shall be left on site. Conclusion or mining operations is defined as the time at which either the sand and gravel is depleted from the site or when the business is permanently closed or moved off site. Cliff face shall be defined as slopes greater than 100% slope or 45 degrees. Any man made slopes that are out of compliance will be remediated by the construction of earth slopes of no greater than 100% slope or 45 degrees. Commissioner Bohac seconded the motion. The request was approved with conditions unanimously (5-0). 6. ADJOURN Meeting was adjourned at 6:10 pm Chairman, Matt Turner Attest: Jerri Turner, Planning Assistant P&Z Minutes Page 4 PLANNING AND ZONING COMMISSION MEETING AGENDA ITEM 5 PLANNING AND ZONING ORIENTATION • THE JOB OF THE PLANNING COMMISSIONER • BASIC ZONING AND SUBDIVISION INFORMATION The Job of the Planning Commissioner What you need to know about the role and responsibilities of the Commissioner 2015 Central Texas Elected & Appointed Officials Planning Workshop Sponsored By Texas Chapter of American Planning Association Speaker: Dave Gattis, FAICP Benbrook Deputy City Manager dgattis©cityofbenbrook.com Based on A Guide to Urban Planning in Texas Communities of the Texas Chapter of American Planning Association. 1 1 7J IL-rommi Before We Begin... Please place cell phones and pagers on silent mode ... Fasten your seat belts, put your trays up, and your seats in their full upright position ... Feel free to ask questions 114/v4v, ILL-c 2 So You've Been Appointed to the Planning & Zoning Commission... Now What? Planning Commission In Texas, a Planning Commission is: ■ a group of citizens appointed by the legislative body that performs both required and discretionary functions in land use matters.* ■ May also include zoning matters and be called Planning and Zoning Commission. (*Texas Local Government Code 211.007) 3 1 i • Understanding the Job of P&Z Commissioner Become familiar with your responsibilities/expectations both on and off the Commission Orientation -- begin to grasp: • Legal issues (incl. Open Meetings Act) • Basic elements of planning • Comprehensive Planning • Zoning Ordinance • Subdivision Regulations • Enabling statutes in state law for planning/zoning Why have Training Sessions? Introduction to New Members Refresher course for existing members Insurance benefits State -mandated training • (once within 90 days of appointment) • Open Meetings Act • http://www.oag.state.tx.us/opinopen/og traini ng.shtml • Open Records Act ■ May not be required, staff responsibility 4 Types and Jurisdiction of Cities Home Rule vs. General Law • Dillon's Rule Corporate limits Extraterritorial Jurisdiction (ETJ) Population ETJ < 5,000 1/2 mile 5,000 — 24,999 1 mile 25,000 — 49,999 2 miles 50,000 — 99,999 3'/2 miles 100,000 or more 5 miles General Powers of Cities Administrative oversight • Financial and personnel Police power (to protect the general welfare) • Police, fire, code enforcement, etc. • Construct & manage public facilities • Streets, utilities, drainage, buildings, parks Planning & development • Land use, infrastructure, building standards 5 1 Texas Chapter Source of Authority of Cities U.S. Constitution • Federal laws Texas Constitution • Local Government Code • Other Texas statutes City Charter • City Ordinances Types of Planning & Development Regulation Types of Planning (vision) • Comprehensive Planning • Strategic Planning • Special Area Planning Types of Development Regulation (tools) • Proactive approaches • Capital Improvements • Public -Private partnerships • Reactive approaches • Zoning • Subdivision Approval • Other regulations Conformity between plans and development regulations 6 Why and How Do We Regulate Development? Why? Goals • Implement comprehensive plan • Reduce land use conflicts • Assure adequate public facilities • Promote quality of life/community image How • Ordinances • Zoning, Subdivision, Unified Development Codes • Developer Agreements Legal Basis and Authority for Development Regulations Most authority provided by general police powers (protect health, safety and welfare) plus specific statutory authority. Zoning authority provided in Chapter 211, Texas Local Government Code Subdivision authority provided in Chapter 212. LGC Comprehensive planning authority in Chapter 213, LGC Differences between home rule cities and general law cities (Dillon's Rule) Authority within city limits versus authority within extraterritorial jurisdiction 7 Limits on Authority to regulate Development Legislative (zoning) versus Ministerial (platting) acts Arbitrary and capricious decisions Ultra vires - regulating beyond your authority Takings - results from overregulation that denies all use of property Procedural due process (error in notice, denial of hearing, Open Meetings Act violations, conflict of interest) Vested Rights - Chapter 245 LGC - rules are vested at time of initial application for project Manufactured Housing Religious Institutions (RLUIPA of 2000) Texas Chapter Types of Decisions Advisory Recommendations Legislative Acts ■ Zoning, Planning Ministerial Acts ■ Subdivision approval Quasi-judicial Acts ■ ZBA variances 8 Responsibilities and Activities of the Planning Commission Develop and update the comprehensive plan Implement land use patterns Monitor current zoning ordinance Make recommendations on zoning changes Approve (or recommend approval of) subdivisions Make recommendations for annexation Interface with public on community values through public meetings, focus groups, and neighborhood organizations Responsibilities and Activities of the Planning Commission continued Recommend a Capital Improvements Program Coordinate with economic development activities Encourage and monitor the "visual image" through urban design Adopt an annual work program and prepare an annual report Use base data on population, land use, utilities, and topography in decision making 9 Typical Applications Reviewed by P&Z Comprehensive Plan amendments • Land use plan • Thoroughfare plan Zoning Changes • Map amendments • Text changes • Specific Use Permits Subdivision Plats Site Plan Approvals Roles in Development Regulation City Council Planning and Zoning Commission Zoning Board of Adjustment Staff Administrative Planning issues Engineering issues Other staff (police, fire,etc.) Other entities (TxDOT, franchised utilities) Citizens Mayor & City Council Elected by the Citizens P&Z Commission Appointed by the City Council Other Boards/Commissions Appointed by the City Council City Manager Hired by the City Council City Departments/Staff Hired by City Manager or Designee 10 Texas Chapter Conducting a P&Z Meeting Role of the Chair Rules of procedure • Robert's Rules of Order • Rosenberg's Rules of Order? • Chair should inform audience of rules Texas Open Meetings Act Normal Conduct of Hearing • Applicant allowed to present case • P&Z and staff may ask questions • Don't be argumentative • Be mindful of evidence rather than opinion • Don't indicate leanings until after hearing • Staff then makes their presentation 11 Conduct of Hearing continued ■ Public Invited to speak ■ Allow everyone an opportunity to speak ■ May establish time limits if necessary ■ Establish relationship of speaker to applicant (neighbor etc.) ■ Determine what evidence is being presented and what weight to give it ■ Board may ask questions for clarification, but should not cross-examine public speakers ■ Applicant and staff not compelled to be cross- examined by public (address comments to Chair. ■ Applicant given opportunity for rebuttal ■ Once hearing is closed, applicant and public must be quiet Conduct of Hearing P&Z's motions should cite findings and reason for decision ■ Failure to make findings may render decision void ■ Needed to create record for review ■ Example motions Quorum, Majority, Super -majority 12 Robert's Rules of Order American Parliamentary Law ■ Gen. Henry M. Robert, 1876 ■ Robert's Rules, Newly revised, 10th Ed. (RONR) Provides orderly process for meeting Role of the Chair ■ Opens and closes meeting ■ Keeps order during meeting ■ Introduces each agenda item ■ Recognizes speakers and accepts motions ■ Rules on matters of procedure ■ May consult with staff on parliamentary procedure ■ Appeals to ruling of Chair Motions Main Motions ■ Approval or denial of item before Board ■ State any conditions to be imposed ■ Rationale for making motion, findings ■ E.g. conforms to Comprehensive Plan, and ■ Adjacent property is protected. ■ Second required before discussion ■ Discussion on motion plus any subsidiary motions ■ Vote ■ Vote on subsidiary motions first 13 Sample Motion I move to approve the subdivision because it meets the requirements of the Subdivision Ordinance and conforms to the Comprehensive Plan Motion must have a second before any other discussion is held with two exceptions: ■ Point of Information • Point of Order Debate Must be recognized by Chair Does your city have a specific debate procedure? ■ Some have established specific rules ■ Total time allowed for debate ■ Order of debate ■ Typically motion maker goes first ■ Each other member has opportunity to speak before getting second chance ■ Motion maker has final rebuttal before vote ■ Motions to extend or limit debate (2/3rds required) Who may speak from floor during public hearing? • Anyone may speak, but time may be limited ■ Better to give someone opportunity to speak rather than deny it ■ No one is entitled to speak after hearing is closed 14 Amendments Friendly amendments? ■ Not allowed under RONR ■ Chair may ask if there is "any objection" to amendment, and the approve by consent, otherwise must vote Motion to Amend (or to amend the amendment) ■ Amends main motion ■ Requires second before debate ■ Example, "I move that we amend the motion to require that the new structure be screened with a six-foot fence." Motion to Substitute ■ Replaces main motion ■ Requires second before debate ■ Example, "I move the we deny the variance request," after a motion to approve has been placed on the floor. Motion to Amend or Motion to Substitute acted on first ■ Question is whether to amend or substitute ■ If approved, revised Main Motion is acted upon Other Motions Point of Order and Point of Information • Member raises "point of order" • Upon being recognized by Chair, member states question or objection • Chair rules whether point is sustained or denied • Any member may appeal, with majority vote by Council Motion to Continue (Postpone) vs. Motion to Table • Motion to Continue is appropriate for consideration of item at a future meeting • Motion to Table is rarely appropriate • Mainly for considering an item later in same meeting Motion to Commit (refer to committee or staff) Calling the Question ("move the previous question") • Not automatic, must be recognized by Chair • Must have second, not debated, but must receive 2/3rd vote to close debate Motion to Adjourn is not required if you've reached the end of the agenda 15 Issues in Hearings What happens if applicant doesn't show up? ■ Burden of proof is on applicant Continuation of hearings ■ Should be continued to a date certain ■ Inaction causes due process problems Minutes Appeal of decisions Public Comment Periods Covered by Rules of Procedure? • 3 minute time limit typical Not covered by RONR 17 Responsibilities of Board Member Be prepared • Read and study packet • Visit site, if possible Avoid receiving information from public outside of public hearing • Ask questions of staff Be fair Be honest Be ethical Be objective Traits for Successful Planning Commissioners Visionary • Has a feel for the assets and problem and potentials of the city ■ Can see the big picture without missing the details No conflicts of interest Impartial and objective • Works toward the common good ■ Places community interest first Comes to meetings prepared Appreciates dialogue and enjoys collaboration Practical, yet creative Consistent 18 Final Thoughts - Importance of Public Participation Planning is a political process. Opportunity for consensus building. Common techniques: Surveys Public meetings Citizens advisory committees Charrette Potential Liability (How Can You Be Sued?) Procedural errors ■ Was decision unbiased? ■ Was there adequate notice of hearing? ■ Was there opportunity to introduce evidence? ■ Was decision based on record of reasons and findings of fact? ■ § 1983 Civil Rights Act (KKK clause) Substantive due process ■ Fifth and 14th Amendment takings 19 Potential Liability, cont. Ex parte contact Open Meetings Act • State -Mandated training (https://www.oag.state.tx.us/open/oq training.shtml) • Notice of meetings • Deliberation of quorum • Executive sessions Open Records issues Potential Liability, cont. No plan or bad plan (arbitrary and capricious decisions) Ultra vires (no authority) Equal protection attacks First Amendment (speech, religion) § 1983 Civil Rights Act Fair Housing Act Gifts to Public Servants 20 Potential Liability, cont. Conflict of Interest • Chapter 171 of Local Government Code ■ Substantial interest test ■ 10% of stock, equity ($15,000), or income • $2,500 interest in real property ■ Relationship test ■ First degree of consanguinity or affinity • Affidavit and recusal ■ Smell test TEXAS NEPOTISM 1922 tan ifilm Then Balancing Demands Developer's Wants Highest and Best Use Maximize short term gain Market Demands Past Experience Profitable Development Low cost -high return City's Wants Quality Development Long-term Benefits Compatible Land Uses Adequate Infrastructure Fiscal impacts 21 Basics of Zoning and Subdivision Regulation What you need to know about zoning and subdivision regulation 2015 Central Texas Elected & Appointed Officials Planning Workshop Sponsored By Texas Chapter of American Planning Association Speaker: Dave Gattis, FAICP Benbrook Deputy City Manager dgattis©cityofbenbrook.com Based on A Guide to Urban Planning in Texas Communities of the Texas Chapter of American Planning Association. 1 What is Zoning? Zoning regulations govern the use of land, and the location, size and height of buildings. Zoning divides a jurisdiction into multiple districts, with each district containing a distinct set of regulations that are uniformly applied to all property within the district. Zoning ordinances consist of a text specifying the regulations and a map defining the location of the districts. Zoning Zoning History of Zoning Authority in U.S • New York City zoning ordinance (1916) • Standard Zoning Enabling Act (1922) • City of Euclid v. Amber Realty (1926) • Police power under Constitution Limits on Zoning Federal (5th and 14th Amendments) • Procedural due process • Substantive due process (regulatory takings) State • Taking statute (current applies to State and County, not City) • Vesting Stature (LGC 245) • Zoning Compensation bills Is Zoning a property right or a development regulation? 2 I Zoning Texas Zoning Enabling Legislation (Chap. 211, Local Gov. Code) • Purposes • Protect health safety and morals • Protect historical, cultural and architectural areas • Jurisdiction • Authority to Regulate Private Property through Zoning • Creation of Board of Adjustment (§ 211.008) as "safety valve" Elements of a Zoning Ordinance • Text and Map • Purpose • District regulations • Uses, density, heights, setbacks, building bulk • Other regulations • Parking, landscaping, architectural, etc. • Amendment Procedures • Notice requirements • Public hearings Zoning Relationship to Comprehensive Plan: ■ Which comes first, planning or zoning? Zoniing Gry of a.... fern Relationship to Subdivision Regulation • Zoning regulates use, lot size, setbacks and heights • Plats regulate street and lot layout, infrastructure, etc. 3 -MEI CCM Different Types of Zoning Euclidean Zoning • Regulate uses by district • Most common Form -based Zoning • Regulate building type by Transect zones Performance -based zoning • Uses allowed that meet performance standards 1t L'k A L 11111111111111 III 111111I TR A SS L C i 1111 III I1C 11111 1I11III1R 6:5 `-• rinlu OM is 1I.+uxnolm PS Ulm.■ !$f C.JC i,r`,y� ■tl it--1 E• Zoning regulations Permitted Uses Heights Minimum lot size and dimensions Minimum setbacks Parking requirements Sign regulations Landscaping Architectural standards 4 Use Chart OFFICE AND RETAIL Agriculture Single-Fam ilv - 7 Duplex Multi-F a m ilv - 12 M O Health Services Neighborhood Service S hoppinq Center General Business Commercial - 1 Commercial — — Freewav Planned Development Parking Requirements Bed and Breakfast S m�, Drug StorelPharmacy X x X X X X X ,,,Msn Financial Institutions X X X X X X X X GrocerylSuperrrerket x X x x x X a.,a Home Improvement X X X X X X " n I Hotel, Full Service X X Motel, Limited Service Landscape Nursery X X Height Regulations /*Wa da rroaity setae Zoning Zoning districts • Cumulative vs. Noncumulative Pyramidal or Cumulative Zoniun RESIDENTIAL OK! 110. OK' 10, INDUSTR FA L 4 NO! NO! 5 APPENDIX ILLUS7 RATIONS 1. LOT WIDTH w`FRA.'u~ 2,n-S_�Y.- 5y- 5— T— Ry- R— Y— Landscaping Requirements Two Approaches: ° Percentage oflot coverage IS Landscaped area ^ Tree canopy ° Specific bufferyard standards IS 8ufferyards(front, sides, rear, etc.) ~ Vary depending on districts IS Parking lot landscaping (e.g. 10 SF/staU) IS Interior landscaping (e.g. 1096 of building footprint) 5E ! i Sign Regulations Goals of sign regulations: • Aesthetics, traffic safety May regulate the number, size (area and height), setbacks, illumination, animation of commercial signage Limitations on ability to regulate content • Free speech issues, right to advertise, equal protection issues Off -premise advertising Signs on public property Architectural Standards Two Approaches: ■ Specify Style, Pattern Book, etc., or ■ Specify minimum standards • Materials ■ Colors ■ Facade Articulation ■ Entryway treatments • Repetitive ornamentation ■ Pedestrian features (e.g. walkways, display windows) WA4•MART 7 Parking Regulations Requirement for provision of off-street parking (minimums, maximums) Standards vary by land use, examples: ■ retail store (1/250 SF GLA) ■ restaurant (1/100 SF or 1/3 seats) ■ Medical office (1/100 SF, or 1/examining room) ■ Manufacturing (1/1000 SF, or 1/2 employees) ■ Parking dimensions Data Sources (Parking Generation, ITE; PAS Reports; parking demand study, etc.) Unintended effects of parking standards Shared parking, flexible parking Win.. . - Il w m MgtWC LMWT loaa Sexually -Oriented Businesses Free Speech Rights, cannot prohibit entirely Two approaches: • Concentrate (limit to specific area, "combat zone") ■ Disperse (establish minimum separations between SOB and residence, church, school, park, and other SOB) To be valid, City must demonstrate: ■ That SOBs increase crime and adversely affect adjacent properties, and • That at time of adoption, there are suitable areas for SOBs to locate. Regulation by Specific Use Permit • Must establish reasonable standards for decisions • Limits on alcohol, separation from dancers, etc. ZONE, l7i- 8 Historic Preservation National Register of Historic Places • National Park Service, State Historic Preservation Officer) • 50 years old, significant building or associated with significant person, etc.) • Section 106 review regarding federal actions • Federal tax credits Local Historic Preservation • Historic landmark commission • Procedure to add properties • Review changes to properties Certificate of Appropriateness • Appeal Incentives • Tax benefits • Grants Zoning Change Process Developer application request Public Notice Requirements • Written notice prior to P&Z • Newspaper notice prior to City Council • Signs, Internet Staff review P&Z hearing and recommendation City Council hearing and ordinance adoption 9 week process? Tea city a benbraoW 9 Zoning Changes Administrative Review • Who is the applicant? • Who is the owner? • Is property properly described? • What is current zoning classification? Allowed uses? • What is proposed zoning classification? Allowed uses? • Does proposed zoning conform to comprehensive plan? Planning Review • Does proposed zoning achieve goals of comprehensive plan? • Do proposed uses make sense for that location? • Does proposed use conflict with adjacent uses? Can conflicts be mitigated? • Is infrastructure sufficient to support proposed uses and density? Factors To Consider In Making Zoning Decisions • Compliance with Comprehensive Plan • Is application consistent with Plan? • If not, have conditions changed or new information been offered to support change? • Surrounding Zoning & Land Use • Infrastructure Impacts • Size and Location of Parcel - Is land large enough & in proper location for proposed use? • Reasonable Use of Property - Does proposed change provide reasonable use of property? • Zoning has great discretion — deny if applicant has not proven it is in the best interests of City to rezone 10 Zoning Changes • What questions are not appropriate? • How are the lots and streets going to be arranged? • This is a platting issue ■ How big will the houses be? What will they sell for? • City only enforces minimums • Is anyone entitled to a zoning change? • Ripeness issue • Who can apply? ■ Can area subject to zoning change be increased at public hearing? Decreased? ■ Can area subject to zoning change be zoned to more intense use than advertised? Less intense? Variances to Zoning Zoning is an ordinance, not a guide Variances must be approved by ZBA • Must demonstrate hardship (i.e. inability to use property) • Must obtain 4/5 vote to approve Appeals are to District Court, not City Council Who Decides: Zoning Board of Adjustment • Appeals • Special Exceptions • Interpretation of Ordinance • Variances • Types: Area, Setbacks, Not Use! • Hardship • Voting requirements • 4 out of 5 to approve Appeals of ZBA decisions 11 Site Plan Review Why is Site Plan required? • i.e. under what authority are you regulating site design? (PD, general requirement) What can you regulate? What are City's goals? • Building placement • Building appearance, architectural standards • Landscaping, bufferyards • Circulation - vehicular, pedestrian • Parking location • Signage • Dumpster location and access Avoid design by committee, or redesigning the project for the applicant Establish site design standards • Allow creativity Zoning Zoning Commission • Home rule, appointment mandatory • General law, appointment permissive Voting requirements for City Council (Ordinance adoption) • Simple majority • 4/5 if protest by landowners (20 percent rule) • 4/5 if recommended denial by Zoning Commission (if in ordinance) Rezoning - June 19, 2008 219 Bandera Avenue 219 NNE RIF l Jun®2098 r,ed 19.452 0.4 12 I 11 -NMI . 1-16. Planned Unit Developments • Should be used for unique developments, not routinely • Site plan or special regulations attached to ordinance to be amended by public hearing process Specific Use Permits • Also called special use permit or conditional use permit • Allows use to be established within certain zoning district only after public hearing • Allows conditions to be placed on operation which may be unique to that use at that location 13 Overlay Districts A district that is superimposed over one or more zoning districts or parts of districts and that imposes specified requirements in addition to those applicable in the underlying base zoning district. Examples: • Historic districts • Airports • Corridors • Hospitals • Environmentally sensitive areas • (floodplains, wetlands) Benlarook NAS Overlay Zoning 75 Frequently Asked Questions • Who can request rezoning of property? • What are notice requirements? • What is the 20% Rule? • Can area subject to zoning change be increased at public hearing? Decreased? • Can area subject to zoning change be zoned to more intense use than advertised? Less intense? • Ex-Parte Contacts - Check w/attorney • But never commit before hearing & • Share any information learned 14 Common Developer Complaints and Issues regarding Zoning "City needs to give me what I want..." • No one is entitled to a zoning change. City must act for good of all "Process takes too long, time is money" • Most of process is governed by State law notice requirements "No other city makes us do that" • Standards may vary from city to city to reflect local values, or are necessary to assure quality development Developer is not obligated to develop site if zoning does not reflect market • Short term vs. Long term Subdivision Regulations Subdivision regulations govern the division of land into two or more parts. The regulations specify the standards for drawing and recording a plat, and requirements for public improvements necessary to make the property suitable for development. TR1NITl ESTATES PpASE VOL_ 15 Subdivision Regulations Brief History of subdivision regulation in U.S. ■ Law of the Indies, Colonial townsites ■ Jefferson and L'Enfant (1791) ■ Railroad townsites (19th Century) ■ New Jersey (1913) ■ Los Angeles, Cincinnati (1920s) ■ Standard City Planning Enabling Act (1928) Subdivision Regulations Texas Subdivision statute (Chap 212) ■ Purposes ■ Relationship to Comprehensive Plan ■ Jurisdiction ■ Plat required? ■ Municipal discretion ■ Five -acre exemption ■ Major vs. Minor subdivisions ■ One -lot plats ■ 30-day rule ■ Approval body ■ Planning commission ■ City council ■ Staff (minor plats) 16 I al —NMI MI 1716.. Platting Approval Process Ministerial act P&Z may approves plat, if delegated by Council • In Benbrook, P&Z approves preliminary plat, staff approves final if it conforms to preliminary plat • Appeal is to Council to remand back to P&Z for reconsideration Waivers and exceptions by P&Z, not variances Types of Plats? Sketch plat, concept plan Preliminary Plat Final Plat Short Form Plat Minor Plat (4 lots or less) Amending Plat, Correction Plat Replat Development Plat (Chap. 212, Subchapter B) Survey Plat One lot Plat f GREENDRIAR ADDITION w. 17 Application and Review Process Minor Plat • Approval by staff Replats • Public notice requirements (§ 212.015(b)) • Protest procedures Initial application • Preliminary conference • Sketch plat/concept plan Preliminary Plat • Staff review • Review by others • City engineer • Franchised utilities • Fire marshal • Public notice? Public hearing? • Planning Commission • City Council Application and Review Process Final Plat • Application acceptance • Staff review • Planning Commission • City Council • 30-day clock • No Discretionary Authority • Must approve if it complies with regulations 18 Application and Approval Process Final Plat continued • Dedication instrument or statement • City approval signature block • Other required notes on face of plat • Public Improvements • Financial assurance • File at County Courthouse ...11 an day It Ny :7„„Iztrzit 0101 Public Improvements Financial Assurance ■ Build before filing ■ Post bond and developer builds ■ Post cash and city builds ■ Deferred construction ■ Form of Instrument (cash, performance bond, letter of credit, deed covenant, promise) 19 Administrative Review of Plat Review checklists Conformance with: ■ Comprehensive Plan (land use, thoroughfares, drainage, utility extensions) • Zoning regulations( minimum lot sizes and dimensions) • Subdivision regulations (appropriate info provided, size, scale) • Other adopted development policies Planning Review of Plat Lot configuration ■ Adequate size and shape for intended use ■ Buildable area ■ Street access ■ Flag lots ■ Future subdivision precluded? ■ Reserve strips 20 Planning Review Street pattern • Extension and connection of streets • Adequate right-of-way width • Adequate street width • Street geometry • Street intersections and jogs • Dead-end streets and cul-de- sacs • Adequate ingress and egress • Curvilinear vs. straight streets Sprawl • Tra Oilionallovwn • O`°e"' o.^' b s_�I-0 'ate.—�oI LOCAL ST1EET Planning Review of Plat Drainage ■ Floodplain ■ Channel Improvements ■ Detention Requirements ■ Interior drainage ■ Street capacity ■ Curb inlets and storm drains ■ Lot -to -lot drainage ■ Drainage easements ■ Water quality .a!rly ism _______,....._............____ 1;4— 21 Planning Review of Plat Easements ■ Utilities ■ Adequate width ■ Ability to serve future lots ■ Access easements and fire lanes ■ Utilities ■ Water ■ Fire hydrants ■ Sanitary sewer ■ Electric ■ Natural gas ■ Telephone ■ Cable TV ■ Public spaces and common areas ■ Deed restrictions and covenants Construction Issues Public Improvements ■ Acceptance requirements Building permits ■ Lot must be platted Erosion control Coordination with other agencies: ■ TxDOT, Utilities, etc. 22 -la Exactions An exaction is a requirement to dedicate land (including rights - of -way and easements), construct public improvements, and payments of fees in lieu as a condition of development approval. The ability to require exactions is derived from general police powers and specific statutory authority. L Exactions Types of Subdivision exactions ■ On -site improvements ■ Oversizing facilities and municipal participation ■ Adjacent streets (perimeter streets) ■ Off -site improvements and adequacy of public facilities ■ Pro-rata agreements 23 Exactions Impact Fees (Chapter 395) • Water, sewer, drainage and streets only • Process • Land use assumptions • Capital improvements program • Fee calculation • Accounting and segregation of funds • Refund provisions Parkland Dedication • Turtle Rock v. College Station • Methodology • Fee -in -lieu Two Tests for Exactions Rational Nexus Rough Proportionality • Required Certification by City Engineer • LGC § 212.904 • How much is too much? • Calculations 24 I al NMI MI 17116.. Questions? Hierarchy of Planning The Mayor Leaps tall buildings in a single bound, Is more powerful than a locomotive, Is faster than a speeding bullet, Walks on water, Gives policy to God. The Planning & Zoning Commission Chair Leaps short buildings in a single bound, Is more powerful than a switch engine, Is just as fast as a speeding bullet, Talks to God. The City Manager Leaps short buildings with a running start and favorable winds Is almost as powerful as a switch engine, Is faster than a speeding BB, Walks on water in an indoor swimming pool, Talks with God if special request is granted. 25 The Assistant City Manager Barely clears a Quonset hut, Loses tug-of-war with locomotive, Can fire a speeding bullet, Swims well, Is occasionally addressed by God. The Planning Director Makes high marks on walls when trying to leap tall buildings Is run over by locomotives, Can sometimes handle a gun without inflicting self -injury, Treads water, Talks to animals. The Chief Planner Climbs the walls continually, Rides the rails, Plays Russian Roulette, Walks on thin ice, Prays a lot. The Assistant Planner Runs into buildings, Recognizes locomotives two out of three times, Is not issued ammunition, Can stay afloat with a life jacket, Talks to walls. The Planning Student Intern Falls over doorstep when trying to enter buildings, Says "Look at the choo-choo," Wets himself with a water pistol, Plays in mud puddles, Mumbles to himself. The Planning Department Secretary Lifts buildings and walks under them, Kicks locomotives off the tracks, Catches speeding bullets in her teeth and eats them, Freezes water with a single glance, She IS God. 26