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PZ 01-08-2014 AGENDA with Associated Documents�..,. SCHERTZ PLANNING & ZONING COMMISSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 1. CALL TO ORDER / ROLL CALL 3. HEARING OF RESIDENTS This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker's register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 4. CONSENT AGENDA: A. Minutes for December 18, 2013 Regular Meeting. 5. WORKSHOP/ DISCUSSION A. Public hearing, presentation and discussion on Residential Lot Size. (D. Rittenhouse) B. Public hearing, presentation and discussion on The Crossvine Garden Home Concept. (C. Price) C. Public hearing, presentation and discussion on revisions to UDC Articles 1 and 3. (L. Wood) D. Public hearing, presentation and discussion on Septic Systems. (Staff) E. Public hearing, presentation and discussion on Parking. (Staff) 6. REQUESTS AND ANNOUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. B. Requests by Commissioners to Staff for information. C. Announcements by Commissioners. • City and community events attended and to be attended • Continuing education events attended and to be attended D. Announcements by City Staff. • City and community events attended and to be attended. Planning & Zoning January 8, 2014 Page 1 of 2 NEW SITE PLAN APPLICATIONS: No Site Plans were submitted to the Planning and Zoning Division between December 11, 2013 and January 3, 2014. CERTIFICATION I, Bryce Cox, Planner I, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 3rd day of January, 2014 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551, Texas Government Code. B vyc& Cov Bryce Cox, Planner I I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was removed from the official bulletin board on day of , 2014. title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting. Planning & Zoning Page 2 of 2 January 8, 2013 PLANNING AND ZONING MINUTES December 18, 2013 The Schertz Planning and Zoning Commission convened on December 18, 2013 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION David Richmond, Chairman Ken Greenwald Bert Crawford, Jr. Richard Brand Christian Glombik Michael Dahle William Rumfelt, Alternate Yolanda Suarez, Alternate COMMISSIONERS ABSENT Ernie Evans, Vice - Chairman 1. CALL TO ORDER/ROLL Mr. Richmond called the me 2. SEAT ALTERNATE TO Mr. Richmond seated Ms. St 3. HEARING OF RESIDENT No one spoke. 4. CONSENT AGENDA A. Minutes for November Mr. Greenwald moved to at motion. Vote was 6 -0 -1 Witt CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Director Development Services Lesa Wood, Senior Planner Bryce Cox,; Planner I Patti White, Executive Asst. Development Dixie Watkins III and Associates KFW Engineers Gertz 1518 Ltd. to order at m a 2013 Regular Meeting. )rove the consent agenda as presented. Mr. Crawford seconded the Mr. Dahle abstaining. Motion carried. 5. WORKSHIP / DISCUSSION A. Public hearing, presentation and discussion on subdivision design by Dixie Watkins. Mr. James stated that Mr. Watkins is the developer of a potential project, and will give the Commission background on what goes into the process of lot width, lot size and the development perspective. Mr. Watkins, who has 25 years experience as an architect/planner, presented this item by stating that he has been working with Denton Development Company on Nortex Farms with Minutes Planning and Zoning Commission December 18, 2013 Page 1 of 4 the following conceptual points: • This is a one -of -a -kind family owned property of 667 acres uniquely positioned with prime IH 35 frontage on its western edge and beautiful farmland rolling off to the east. • To pursue the optimum development potential of this land, is not to simply "drape" a typical suburban land plan over it. • Instead, this property's overall planning goal should be to better create a sense of place and maintain the landscape's heritage by maximizing contiguous open space and dynamic planning its neighborhoods. • Nortex Farms has the advantage of being next to a park facility, and contains ponds, water sheds, and topography enabling a conceptual master plan with open space and recreation development concepts. Mr. Richmond opened the Public Hearing at 6:22 P There being no one to speak, Mr. Richmond closed the Public Hearing at 6:23 P.M. Mr. Rumfelt asked if the location is next to Northcliffe. Mr. Watkins ,answered yes and showed the location on the map. Mr. Dahle asked if aportion of the property is located in Cibolo. Mr. Watkins answered yes, and the discussion has been to have the center line of a collector street as the proposed boundary line. Mr: James stated that the boundary line is what makes sense and it will be discussed with Cibolo to adjust city limit boundaries. Mr. Dahle stated that other subdivisions in our city also are in both Cibolo and Schertz. Mr. James stated yes, and Staff will be working with Cibolo. Mr. James also stated that this project is in 2 counties, Comal and Guadalupe, and 2 school districts, and the plan envisions multi- family and commercial in Comal ISD and single family in SCUCISD. Mr. Brand stated that he likes the plan and would like to minimize the breaks of the streets. Mr. Watkins stated that he is using natural breaks and ridges to align streets. Mr. Braud asked what type of commercial would be along IH 35. Mr. Watkins stated that they envision lifestyle retail, general- business with an even mix. Mr. Dahle asked what the estimate is for single family homes. Mr. Watkins answered that this project is still a work-in - progress, but there could be 1,400 to 1,600 single family homes. Mr. Dahle stated that he likes the concept which has a nice layout with wide boulevards, but he has a concern with the ponds and detention. Mr. Watkins stated that a storm water manager will need to look at the project. Mr. Dahle slated that this needs to be maintained to TCEQ standards. Mr. Watkins agreed. Mr. Weron, engineer for the project, stated that they will be doing bores for the streets and the home building process complying with code to ensure that foundations do not have issues. Ms. Wood stated that Staff has added a new part to the plat process which includes requiring acknowledgement that TCEQ has received and reviewed the plans before Staff brings a plat to the Commission for approval. "Mr. James stated that Staff will come back at the next meeting to discuss issues on street parking with a goal of what we are trying to do with various solutions. Discussion followed between Mr. Watkins, Staff and the Commission. B. Public hearing, presentation and discussion on the second amendment to the Crossvine PDD. Mr. James stated that this presentation is an update on the Crossvine project which is under construction, and the developer will present information on the next module. Mr. Price, the developer for Crossvine, stated that he took over the project in 2011, and reinvented the concept Minutes Planning and Zoning Commission December 18, 2013 Page 2 of 4 which was adopted by the City in 2012. The conceptual master plan was divided into 3 modules as follows: • The I" module was adopted in 2012 by City Council. The first homes should be up in March or April, and the amenity center will be delivered in mid - summer. Module 1 is traditional housing with 50, 60 and 80 foot lots. Module 2 speaks to the Gateway model looking at a commercial pod at FM 1518 and Lower Seguin Road. Module 3 has a church, medical office, assisted living and independent care, and diverse housing stock with over 12 miles of connectivity of sidewalks and trails. • Module 2 has been broken into Module 2A and Module 2B because of technical issues north of Lower Seguin which will be dealt with at a later date. This area is seen as a 40,000 square foot commercial parcel at FM 1518 and Lower Seguin Road with a restaurant, book store, coffee shop, dry cleaner; we do not anticipate any big box store in that area. This commercial area would be buffered by the existing Sedona subdivision and an attached residential area of single family to multifamily homes. Garden /patio homes would extend to the south, and the entire plan will be refined by the market. • Tract 5 was in the original PDD and wasdropped out at the last minute because of the AICUZ and Randolph has not signed off on it. Tract 7 is not in the City limits right now, and they anticipate an annexation in the next year. Tract 3 is a small portion in the AICUZ and they are dropping it out. Tract 4 and Tract 2 are being worked mith the landowners. • Tree mitigation complies with the UDC as there is nothing to mitigate. • Still working on language for commercial areas on what is and is not acceptable. • Working with Staff on signage changes. Mr. Richmond opened the Public Hearine at 7:1 • Robert Brockman, 1000 Elbel Road, asked Mr. Price where the 121 lots are located. Mr. Price showed the location on the man. Mr. Richmond closed the Public Hearing at 7: Mr. Dahle asked about the purchase of the additional properties. Mr. Price stated that there is a combination of owning and leasing and depends on the negotiations with the owners. Mr. Rumfelt asked if Tract 7 is known as the old golf course. Mr. Price answered yes and it is Imown as the Carmack. Mr. Brand stated that in the August PDD there was more commercial shown at Lower Seguin and on this plan there is multi- family. Mr. Price stated that the original plan had too much commercial, but they have the ability to expand the commercial by 35% due to the market demand. Mr. Dahle asked if there is an ability to increase the commercial for a single building by this size. Mr. Price stated that talks with commercial brokers are focused on the I10 corridor, and though it is a possibility he doesn't see it happening because a single building doesn't really fit in this area. Mr. Richmond stated that the commercial issue is a concern and the City should address what we do want and don't want and get an agreement. Mr. Dahle suggested looking at the limitations for a single tenant. Mr. Price stated that they will work with Staff to address these issues. Mr. Brand asked if the PDD can be tailored in places for commercial development. Mr. James stated yes and we need to look at the concerns if the use doesn't fit the concept. It is important now to balance the uses and look at what is appropriate today and 10 years from now. Discussion followed between Mr. Price, Staff and the Commission. Minutes Planning and Zoning Commission December 18, 2013 Page 3 of 4 6. REQUESTS AND ANNOUNCEMENTS A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. • Mr. Dahle asked about the timeline to discuss septic tanks. Mr. James stated that this would be discussed at the 2 "d meeting in January. B. Requests by Commissioners to Staff for information. • Ms. Suarez asked if Staff can continue the discussion on her question at the last meeting on hazardous uses. C. Announcements by Commissioners. • None. D. Announcements by City Staff. • Ms. Sanchez stated that Staff was handing out the monthly report from January through September, a copy of the activity report, the 2014 Master Calendar, and a copy of the amendment to the UDC on Landmark property. • The next P &Z meeting will be January 8, 2014. • Ms. Sanchez stated that the City Secretary is working on updating Municode. • Mr. James stated that he has contacted the Texas APA asking for a copy of their presentations from the APA Conference and will continue to follow up. • Mr. James stated that Gail Douglas Library Director, who has worked for the City for 30+ years, is retiring; please wish her well when you see her. •: Ms. Wood stated that the UDC revisions of 2 new articles are being prepared and sent in a packet or via email within the next couple of weeks. 7. ADJOURNMENT OF THE REGULAR MEETING The meeting adjourned at 7:50 P.M. Chairman, Planning and Zoning Commission Recording Secretary, City of Schertz Minutes Planning and Zoning Commission December 18,2013 Page 4 or 4 Article 1 General Provisions Sec. 21.1.1 Short Title Chapter 21 of the City of Schertz Code of Ordinances shall be known and may be cited as the Unified Development Code of the City of Schertz, Texas or simply as the Unified Development Code or the UDC. Sec. 21.1.2 Purpose and Intent This UDC is adopted to: • protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City; • ensure the safe, orderly and efficient development and expansion of the City in accordance with and pursuant to its Comprehensive Land Plan and Master Thoroughfare Plan;! • conserve, develop, protect and utilize natural ,resources, in keeping with the public interest; • prevent the overcrowding of land and avoid undue concentration or diffusion of population; • protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; • provide • minimize pollution of air and water, assure the adequacy of drainage facilities, safeguard water resources and preserve the integrity and aesthetic quality of the community; • lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; and • facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services. Sec. 21.1.3 Autho This UDC is adopted pursuant to the powers granted to the City and subject to any limitations imposed by the constitution and other laws of the State of Texas and the City Charter. 1!3!2014 Last saved by !wood Sec. 21.1.4 Jurisdiction The provisions of this UDC apply to all property within the corporate limits of the City and in the Extraterritorial Jurisdiction (ETJ) as listed in part B_below. A. Jurisdiction within City Limits The City has the statutory authority to exercise a broad range of powers within its City limits. Many of those powers are specifically authorized by Chapters 211, 212, and 216 of Texas Local Government Code, as amended (LGC). All provisions of this UDC apply within the City limits. B. Jurisdiction within Extraterritorial Jurisdiction The City extends to its ETJ the regulation of sul development adopted under LGC Chapter 212. 1 its ETJ its authority to regulate signage, as adopt( 216, 245, and 43. The following Articles of this ETJ: 1. Article 1 — General Provisions, 2. Article 3 — Boards and Commission 3. Article 4 — Procedures and Applicat 4. Article 9 — Sec. 21.9.10 Parklai Requirements 5. Article 9 — Sec. 21.9.11 Lighting an 6. Article 11 - Signs and Advertising 7. Article 13 Land Disturbing Activi 8. Article 1.4 — Transportation 9. Article 15 — Easements and Utilities ivisions and property City also extends to under LGC Chapters DC ab)ly within the Space Dedication Standards s Sec. 21.1.5 Consistency with Comprehensive Land Plan and Master Thoroughfare Plan This UDC is intended to implement the policies and objectives contained in the Comprehensive Land Plan and Master Thoroughfare Plan for the City and provide for adequate and necessary public facilities and service. Sec. 21.1.6 Vested Rights "Issuance of Local Permits" A. Introduction LGC Chapter 245 — Issuance of Local Permits, commonly referred to as the State's "Vested Rights Law ", provides an opportunity for landowners or developers to "grandfather" or "vest" government regulations that apply to development at the time of the filing of a permit application. The City has established in this section an administrative procedure for consideration of any claim of a vested right. B. Definitions 1!3!2014 Last saved by !wood The following terms shall have the meaning hereinafter ascribed to them under this section: "Project" means an endeavor over which the City (a regulatory agency, as defined by LGC Chapter 245) exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. "Permit" means a license, certificate, approval, registration, consent, permit, contact, or other agreement for construction related to, or provisions of, service from a water or wastewater utility owned, operated, or controlled by the City, or other form of authorization required by law, rule, regulation, order or ordinance that a person must obtain to perform an action or initiate, continue, or complete a Project for which the permit is sought. (i.e. master plan, preliminary plat or find plat) C. Administrative Procedure for Considerati u M Any property owner claiming vested rights` or other applicable vesting law, shall submi detail the basis upon which the property consequently, is exempt from or not s regulation, ordinance, rule, expiration dal written submission shall include, at a minty 1. The name, mailing ad property owner (or the Vested Rights of the LGC, letter explaining in sufficient Tier is claiming vesting and, ect to a particular current or other requirement. Such r; „the following: email address of the zed agent); 2. Identification of the property, including the address (if it exists) and the plat reference (if it exists) or metes and bounds (if not platted), for which the property owner claims a vested right; Permit and date the Permit was filed; 4. If a property owner claims that certain regulations do not apply to the Project, the < property owner must identify, with particularity, all requirements that the property owner claims do not apply; and a documents, if any. The letter should be addressed to the City of Schertz Planning and Zoning Department. Vested Rights Determination. The Planning and Zoning Department will review the request and supporting documents and issue a final administrative determination of whether a vested right exists in relation to the Project, and shall identify in writing to the property owner all claims for which vested rights have been granted (the "Vested Rights Determination "). Board of Adjustment Appeal. 1!3!2014 Last saved by !wood If the property owner believes that the Vested Rights Determination is in error, the property owner shall have the right to appeal such Vested Rights Determination to the Board of Adjustment, which will have jurisdiction to hear and decide the appeal pursuant to the UDC and LGC Chapter 211— General Zoning Regulations. As part of such appeal, the property owner may, but is not required to, also request the Board of Adjustment grant a variance from the regulations under the same standards governing variances for other matters, as set forth in the UDC and LGC Chapter 211. F. Recognition of Vested Rights 1. Basis for Vested Rights Only a Project which was in progress (as defined by LGC Section 245.003) or for which a completed Permit application was filed after September 1, 1997 may be eligible to claim vested rights; any Project for which the completed Permit application was filed prior September 1, 1997, or has expired, is not eligible. 2. The following Permits (as well as other > Permits satisfying the requirements of this UDC and LGC Chapter 245), which include Master Development Plan, Plat Application, and Plat, may be relied on by a property owner or developer to establish certain vested rights for a Project. A Project will expire in five (5 ) years from the date the first Permit application was filed for the Project with the City if progress, as defined in LGC Section 245.005, has not been made towards completion of the Project. An expired Project is considered dormant, vested rights lapse and the Project must comply with current ordinances and Plan (MDP) Vested rights "" under LGC Chapter 245 will be recognized on the Project' which is the subject of a valid and unexpired MDP that has been approved by the City. Any Vested rights based on an approved MDP will expire two (2) years from the approval of the MDP, unless a final plat is approved within two (2) years from the approval of the MDP. An expired or invalid MDP may not be the basis for accrual of vested rights under LGC Chapter 245. b. Plat Applications Vested rights under LGC Chapter 245 will be recognized for the Project that is the subject of a completed application for a plat that has been filed with the Planning and Zoning Department, provided all necessary fees have been paid. The vested rights recognized for a Project located within the area being platted by such a plat application will expire two (2) years after the date of the initial plat application, provided fair 1!312014 Last saved by !wood notice is provided with the plat application in accordance with LGC Chapter 245, unless the plat application is heard by the Planning and Zoning Department and approved within two (2) years after the date of the initial application. Neither an expired nor a withdrawn plat application may be relied upon as a Permit for the declaration of vested rights under LGC Chapter 245. If after the expiration or the withdrawal of a plat application the applicant wishes future plat approval of the subject property, a new plat application must be filed and new application fees shall be required. c. Plats Vested rights under LGC Chapter 245 will be recognized for a Project associated with the property which is the subject of a plat that has been approved by the City Planning and Zoning Commission or Director of Development Services for the City provided that fair notice is provided with the plat application . in accordance with LGC Chapter 245. The vested rights recognized for a Project located within the area platted by an approved plat will expire two (2) years after the date of plat approval unless the plat is recorded in the County Deed Records within two (2) years after the date of approval by the Planning and Zoning Department. d. Other P purposes of determining whether any vested rights my other Permit for which an expiration date is not ;ally set forth in this UDC or in other applicable law :pine two (2) years after the date the application for the was filed with the City if progress, as defined in LGC 245.005, has not been made towards completion of 2. Vested Rights under LGC Chapter 245 shall not extend beyond the time periods prescribed herein except for the express granting of an extension in writing by the Planning and Zoning Commission from the time limits. The Planning and Zoning Commission may extend the expiration date for a period not to exceed one (1) year at the request of the property owner, when an investment in infrastructure has been made in order to comply with provisions of the UDC and has been accepted by the City of Schertz. The property owner must submit a letter, a minimum of 30 days prior to the expiration of the application, that provides justification for the request which identifies the reason for the request and shows that a good faith attempt has been made to begin or continue towards completion of the project. Determination of an extension is at the sole discretion of the Planning and Zoning Commission. 1!312014 Last saved by !wood Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs (Rough Proportionality) A. If the City requires as a condition of approval for a property development project that the property owner bear a portion of the costs of municipal infrastructure improvements through dedication of property to the City, the payment of impact fees, the payment of construction costs, or the payment of other infrastructure related costs authorized by applicable law, the property owner's portion of the costs may not generally exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by the City Engineer. B. A property owner who disputes the determination made by the City Engineer under Subsection A. above must appeal to the City Council in accordance with UDC, Sec. 21.4.14 Appeals, or the City Engineer's determination is final. At the appeal, the property owner may present evidence and testimony under procedures adopted by the City Council. After hearing any testimony and reviewing the evidence, the City Council shall make the applicable determination as to the appeal within thirty (30) days after the final submission of any testimony or evidence by the property owner. C. A property owner may appeal the determination of the City Council to a county or district court of the county in which the development is located within thirty (30) days after the final determination by the City Council. D. The City may not require a property owner to waive the right of appeal . authorized by this section as a condition of approval for a development project. Sec. 21. Any person, firm, or corporation who shall violate any of the provisions of this UDC, or fails to comply therewith, or who shall violate or fail to comply with any order or regulation made hereunder, or who shall build any project or facility in violation of any detailed statement of specification or plans submitted and approved hereunder, or any certificate or permit , issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the appropriate legal maximum as determined by statute. In the case of a violation of section 21.9.9, the penalty shall be the sum as determined above plus the value of the tree as determined by a certified arborist hired by the City. Each and every day that such violation and/or noncompliance shall exist shall be deemed a separate offense. In case any person, firm, or corporation violates any of the provisions of this UDC or fails to comply therewith, the City, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business, or use in or about any land, and the definition of any violation of the terms of this UDC as a misdemeanor, shall not preclude the City from invoking the civil remedies given it by law in such cases, but 1/3/2014 Last saved by 1wood same shall be cumulative of and in addition to the penalties prescribed for such violation. See. 21.1.9 Validity The issuance or granting in error of a permit or approval of plans or plats, site designs, or specifications shall not be construed to be a permit for, or an approval of, a violation of any provision of this UDC or any other City ordinance. No permit purporting to give authority to violate or cancel the provisions of this UDC shall be valid. Sec. 21.1.1.0 Development Manual The Development Manual is prepared by the City of Schertz Planning and Zoning Department and is hereby adopted by reference as if set forth in full. The Development Manual shall contain application forms, required application materials, fees, and application submittal deadlines. The Development Manual may be amended by the City Manager or his /her designee from time to time. Sec. 21.1.11 Public Works The Public Works Specification Manual prepared by Division is hereby adopted by reference as if set Specification Manual shall contain specifications nece The Public Works Specification Manual may be ar his /her designee from time to time. End of Article 1 1!3!2014 Last saved by !wood ty of Schertz'''Public Works in full. The Public Works to complete public projects. d by ` the City Manager or Article 3 Boards, Commissions and Committees Sec. 21.3.1 General Provisions A. Source of Authority Authority under this UDC shall be vested in and delegated to the officials and decision - makers designated in this Article 3, under the City Charter, the Constitution and other laws of the State and the City's Code of Ordinances. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision - makers. The omission of a citation in this UDC to any authority conferred upon the officials and decision- makers under the City Charter, the Constitution or other laws of the State or the Code or Ordinances shall not be construed as limiting the actions of such officials and decision - makers taken in accordance with and in reliance upon such authority. B. Authority Granted The City Council, Planning and Zoning Commission, Board of Adjustment, Parks and Recreation Advisory Board, Historic Preservation Committee and Traffic Safety Advisory Commission have the powers and authority as granted by State law, the City Charter and the Code of Ordinances to initiate, undertake, and decide matters as identified in this UDC. Sec. 21.3.2 City Council A. Duties and Approval In addition to either rights of approval, the ' City Council shall render final decisions ' pertaining to applications for development on the following applications: 1. amendment to the Comprehensive Land Plan; 2. establish or amend a zoning district map classification, including creation or amendment of an overlay district; to the UDC; 5. a Development Agreement within the City's corporate boundaries and in the City's ETJ; 6. rezoning requests including applications for a Specific Use Permit; 7. Historic Landmark or District Designation; 8. an appeal of the decision of any City Board, Commission or Committee, except the Board of Adjustment or as expressly provided for in this UDC or the Local Government Code. 1/3/2014 Last saved by lwood Sec. 21.3.3 Planning and Zoning Commission A. Structure of the Commission The Planning and Zoning Commission is established in accordance with the City Charter and Commission members are appointed by the City Council. B. Duties and Approval Authority 1. The Planning and Zoning Commission shall have the authority to review and make a recommendation to the City Council on the following applications: a. amendment to the Comprehensive Land Plan; b. establish or amend a zoning district map classification, including creation or amendment of an overlav district: C. rezoning requests Permit. d. amendment to the UDC; e. a Ueveiopi 2. The Planning and on the following a b. preliminary plat, t; an ;annlication for a " Specific Use as set forth in the LGC and this UDC; lion shall have final approval authority e. minor plat; f. replat; and g. waivers relating to Article 12, Subdivisions. Sec. 21.3.4 Board of Adjustment A. Structure and Procedure of the Board of Adjustment 1. Composition and Procedures a. The Board of Adjustment (BOA) is established in accordance with the City Charter and provision of Chapter 211 of the Texas Local Government Code (LGC). The Board members are appointed by 1/3/2014 Last saved by lwood the City Council. Each case before the BOA must be heard by at least 75 percent of the members. 2. Vote Required for Decisions a. The concurring vote of four (4) of the five (5) members of the BOA is necessary to: reverse an order, requirement, decision or determination of an administrative official; or ii. authorize a variation from B. Duties and Approval Authority The BOA shall have the following 1. The BOA shall hear and decid requirement, decision or deter of the City in the enforcement this UDC. of a zoning regulation. error is alleged in any order, by an administrative official an ordinance adopted under a. The BOA may reverse or affirm, in wholes or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the BOA has the same authority as the administrative official. 2. The BOA may authorize, in specific cases, a variance from this UDC, unless specified otherwise, of the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC or an ordinance adopted hereunder would result in unnecessary hardship, and so that the spirit of this UDC or an ordinance adopted hereunder is observed and substantial justice is done. A variance shall not be granted to relieve a self- created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. In order to make a finding of hardship and grant a variance from the zoning regulations of this UDC, the BOA must determine the following: a. the requested variance does not violate the intent of this UDC or its amendments; b. special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; C. the hardship is in no way the result of the applicant's own actions; or 1/3/2014 Last saved by lwood d. the interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. See. 21.3.5 Administrative A. Authority Granted The City Manager or his /her designees shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein. B. Administrative Structure The City Manager is designated as the chief administrative official of the City. The City Manager, at his /her discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager. C. Duties and Approval A 1. The City Manager or his /her designee shall have the authority to review and make a recommendation on the following applications: a. amendment to the Comprehensive Land Plan; or amebd a zoning district map classification, including it amendment of an overlay district; C. rezoning requests including an applications for a Specific Use d. amendment of this UDC; annexation; f. a Development Agreement within the City's corporate boundaries and in the City's ETJ; g. Historic Landmark or District Designation; h. an appeal of the decision of any City Board, Commission, Committee or staff as authorized by this UDC; i. Subdivision Master Plan; 1/3/2014 Last saved by lwood j. preliminary plat; k. final plat; 1. replat; and M. a variance, appeal or other application to be considered by the BOA. 2. The City Manager or his /her designee shall have final approval authority on the following applications: a. a minor plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his /her designee may forward the plat to the Planning and Zoning Commission for approval; b. an amending plat, as authorized by this UDC, and LGC Section 212.0065. However,'„ the City Manager or his /her designee may forward the plat to the Planning and Zoning Commission for approval; C. a Certificate of Determination, as authorized by this UDC and LGC Section 212.0115. However, the City Manager or his /her designee may forwa=rd the request to the Planning and Zoning Commission for determination: . : and lications as authorized by this UDC. See. 21.3.6 A. Parks and Recreation Advisory Board 1. Structure of the Parks Board The structure of the Parks Board shall be as set forth by the City Council in establishing the Parks :Board. 2. Duties and Approval Authority The Parks Board shall serve as an advisory board to the City Council and may review and make recommendations on the following matters: a. parks and recreation improvements and amenities included with any parkland dedication; and b. creation, amendment or updates to the Parks and Open Space Master Plan of the City. B. Historic Preservation Committee 1/3/2014 Last saved by lwood I . Structure of the Historic Committee The structure of the Historic Committee shall be as set forth by the City Council in establishing the Historic Committee. 2. Duties and Approval Authority The Historic Committee shall have those duties and approval authority as set forth by the City Council in establishing the Historic Committee. C. Traffic Safety Advisory Commission 1. Structure of the Traffic Safety Advisory Commission (TSAC) 2. The structure of the TSAC shall be asn'si establishing the TSAC. Duties and Approval Authority The TSAC shall serve as an advisory commission to the City Council and is established to investigate safety issues and make recommendations with respect to City roadways and to improve the City's quality of life through a citizen /government partnership that promotes safe and secure roads, which provide convenience, recreational and leisure activities and continued beautification of the City. The duties of the TSAC may include, but are not limited to, the following duties: the City Council in and communicate with the various Boards, Committees and the City Council on matters related to transportation satety: b. develop safety materials to be used for promotional activities; materials needed for promotion of transportation d. develop a transportation safety plan for the City; e. review proposed transportation and traffic ordinances and make recommendations to the City Council; and f. participate in fact finding trips, conferences, and seminars related to transportation and traffic safety. End of Article 3 1/3/2014 Last saved by lwood