Legislation Details

File #: 23-297    Name:
Type: Ordinance Status: Consent Item Ready
File created: 3/7/2023 In control: City Council
On agenda: 3/13/2023 Final action:
Title: Approval of the second and final reading of an ordinance to amend the City's Code of Ordinances Chapter 114 (Streets, Sidewalks and other Public Places) Section 100 Variances and Appeals, and Appendix D (Fee Schedule), to align boards with relevant actions, streamline processes, relocate some sections, facilitate flexibility, and address identified issues ahead of the Land Development Ordinance project.
Attachments: 1. Ordinance - Chapter 114

PRESENTER: Presenter

Christopher J. Looney, AICP, Planning & Development Services Director

 

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SUBJECT: Title

Approval of the second and final reading of an ordinance to amend the City’s Code of Ordinances Chapter 114 (Streets, Sidewalks and other Public Places) Section 100 Variances and Appeals, and Appendix D (Fee Schedule), to align boards with relevant actions, streamline processes, relocate some sections, facilitate flexibility, and address identified issues ahead of the Land Development Ordinance project.

 

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DEPARTMENT: Planning & Development Services

 

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COUNCIL DISTRICTS IMPACTED: All

 

 

BACKGROUND INFORMATION:

At their regular meeting on February 27, 2023, City Council approved the first reading of this code amendment ordinance (7-0).

 

The Land Development Ordinance (LDO) project is progressing with public review and editing of the draft zoning module following several public workshops. The procedures and development standards module is currently being prepared, with three additional modules to be developed in the months ahead. The LDO will merge the development-related ordinances and implement goals, strategies and actions of Envision New Braunfels, and other adopted plans and policies regarding the built environment. In an effort to more quickly advance some of the goals in those plans, City Council directed staff to bring forward several minor but impactful amendments ahead of LDO project completion.

 

ISSUE:

The Zoning Board of Adjustment (ZBA) is established by state statute specifically to hear variances and appeals from local zoning-related ordinances, which are private property matters. The current local ordinance follows this statutory directive. However, it also creates the Access Management Board of Adjustment (AMBA) to hear variances and appeals from right-of-way related ordinances. The local ordinance indicates that the members of the ZBA serve a dual role on the AMBA.

 

While this structure worked in the past, growth and the corresponding increasing caseload of the ZBA makes this structure inefficient. Additionally, the staff who support the ZBA are not subject matter experts in right-of-way AMBA matters. Hence, staff from one department administer the meeting, while staff from a different department provide analysis and technical support. The proposal is to move these functions to a more appropriate board for hearing and considering right-of-way related items: the Transportation and Traffic Advisory Board.

 

COMPREHENSIVE PLAN:

These proposed amendments are in accordance with, and implement the following Actions from, Envision New Braunfels:

•                     Action 1.11: Update policies and codes to achieve development patterns that implement the goals of Envision New Braunfels.

•                     Action 3.6: Pro-actively provide a regulatory environment that remains business and resident friendly.

 

FISCAL IMPACT:

N/A

Recommendation

RECOMMENDATION:

Approval. The proposal to move access management variance and appeal processes to the Transportation and Traffic Advisory Board are in concert with public input received thus far for the Land Development Ordinance, will consolidate relevant board and staff functions to streamline processes, and will advance goals in the Comprehensive Plan, Envision New Braunfels.