PRESENTER: Presenter
Jean Manning Drew, AICP, CNU-A, Planning and Development Services Assistant Director
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SUBJECT: Title
Presentation and possible direction on amendments to Chapter 118 (Subdivision Platting) and Chapter 144 (Zoning) of the City’s Code of Ordinances regarding the process and authority for plat approval, the Planning Commission recommendations vs. final decision-making authority, additional early-out code amendments, and codification of staff interpretations.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: ALL
BACKGROUND INFORMATION:
The Texas Local Government Code (LGC) requires home-rule municipalities that wish to adopt zoning regulations to establish a Zoning Commission* for the purposes of recommending zoning boundaries and regulations, and to provide reports on such to the City Council. (*The statute authorizes cities to allow the Planning Commission to serve as the Zoning Commission, but this is not required.) The LGC further stated that if a municipality establishes a Planning Commission, this commission is responsible for approving subdivision plats (the physical process of subdividing land into legal lots and blocks). However, in the recent 2023 Texas State Legislative session, the state statute regarding the approval of plats was revised by HB 3699, which beginning September 1st allows for staff approval of all subdivision plats.
The LGC also further authorizes the City Council to establish and delegate associate administrative procedures, which can include options for plat waivers or variances*. (*Zoning variances are mandated to be heard and decided by a different board; the Zoning Board of Adjustment.) In addition to rezoning request reports and plat approvals, New Braunfels Subdivision Platting and Zoning Ordinances include the assignment of various appeal, waiver, and approval processes to the Planning Commission. Some examples of waivers include, but are not limited to:
• Sidewalk requirements and escrow
• Block length requirements
• Street width requirements
• Designation of the floodplain as an easement
• Flood study requirements
• Traffic Impact Analysis requirements
• Private street subdivision entrance standards
The Land Development Ordinance (LDO) project is progressing with public review and editing of the draft development standards module via public workshops in October. 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. To more quickly advance some of the goals in those plans, staff has been bringing forward, with City Council concurrence, several minor but impactful amendments ahead of the LDO project completion.
When the language of the Zoning Ordinance is ambiguous, or when a requested use is not included in the list of uses defined by the zoning districts, City staff has authority to interpret the code to determine, for example, in which district that use is allowed. Staff uses national resources and legal advice when needed. Staff then creates an official written interpretation and publishes it on the City’s website for the benefit of both the public and the development community. Typically annually, but as needed, staff brings forward these interpretations to City Council for codification. Routinely codifying formal interpretations issued over the past year addresses emerging trends regarding popular business and new uses and clarifies code sections that are vaguely written.
ISSUE:
In an effort by the Legislature to continue to modify platting statutes to expedite local platting processes, House Bill 3699 (23rd legislative session) amended the state statutes governing the approval of plats. This new law, going into effect on September 1st of this year, allows municipal staff to approve with or without conditions all types of plats. Previously, the LGC allowed staff authority only to approve amending plats, minor plats, or replats of four or fewer lots where no new street is created, or replats with no new street created and no extension of municipal facilities; all other plat approvals required action by the Planning Commission. This new allowance will shorten the time it takes for subdivision approval by removing at least 2 weeks from the process which is currently consumed with agenda preparation for plats that are ultimately required to be approved. And it will increase the efficiency of Planning Commission meetings by removing items from their agendas where state statutes allow staff approval, freeing up time for other matters for Planning Commission recommendation. Amendments to the Subdivision Platting Ordinance are needed to comply with this new state law.
Municipal city councils often delegate various administrative decisions to boards and commissions as allowed by law. Some decisions can have more of a fiscal impact on the community than others. City Council may wish to revise some of these procedures and final decision-making authority depending on fiscal or other impact to their constituents. Amendments to the Subdivision Platting and/or Zoning ordinances would be needed to change any approval authority that may currently be codified.
Due to the complex nature of New Braunfels’ existing “stacked” or cumulative/pyramidal zoning districts, which allow not only the uses from each district but also includes the uses from each “less intense” zoning district (in the pre-1987 districts, multifamily zoning also allows for single-family use, commercial zoning also allows for multifamily and single-family uses, etc…), revisions are needed to apply the recently revised duplex standards consistently throughout all districts. Additionally, amendments to the parking standards to allow the option of a parking study to help determine the number of required parking spaces can be brought forward for City Council consideration, as well as clarifications to the Downtown Parking Exemption as it relates to building expansion.
Five formally adopted interpretations will be brought forward for consideration of codification, including:
• APD and Short-term rentals
• Lot Width and depth requirements as they relate to lot size.
• Parking space requirements for fuel stations
• Districts allowing Vehicle Storage Facilities
FISCAL IMPACT:
If City Council directs amendments be brought forward for consideration, each one will be examined for the impact it may have.
Recommendation
RECOMMENDATION:
Staff recommends:
• consideration and approval of revisions to the Subdivision Platting Ordinance to comply with recent changes in state law;
• examination of the Subdivision Platting and Zoning Ordinances to identify and consider various approval alternatives of different processes;
• consideration of changes to the Zoning Ordinance which are in concert with public input received thus far for the Land Development Ordinance, and will advance goals in the Comprehensive Plan, Envision New Braunfels;
• consideration and codification of this year’s formal interpretations and to improve the consistency and clarity of our codes for improved customer service.