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PZ 01-22-2014 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 2. SEAT ALTERNATE TO ACT IF REQUIRED 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. PUBLIC HEARING: The Planning and Zoning Commission will hold a public hearing related to zone change requests and replats within this agenda. The public hearing will be opened to receive a report from staff, the applicant, the adjoining property owners affected by the applicant’s request, and any other interested persons. Upon completion, the public hearing will be closed. The Commission will discuss and consider the application, and may request additional information from staff or the applicant, if required. After deliberation, the Commission is asked to consider and act upon the following requests and make a recommendation to the City Council if necessary. A. Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 1 General Provisions. B. Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 3 Boards, Commissions and Committees. 5. WORKSHOP/ DISCUSSION A. Public hearing, presentation and discussion on Floodplain Management. (J. Hooks) B. Public hearing, presentation and discussion on Septic / Sewer. (Staff) C. Presentation and discussion on 2013 TX APA Conference Presentations. (Commissioners) 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. AGENDA Wednesday, January 22, 2014 at 6:00 p.m. Planning & Zoning January 22, 2014 Page 1 of 2 • 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. • NEW SITE PLAN APPLICATIONS: No Site Plans were submitted to the Planning and Zoning Division between January 3, 2014 and January 17, 2014. 7. ADJOURNMENT OF THE REGULAR MEETING 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 17th day of January, 2014 at 12:00 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. Bryce Cox _________________________ 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 22, 2013 PLANNING AND ZONING COMMISSION MEETING: January 22, 2014 Public Hearing Agenda Item – 4A TO: Planning and Zoning Commission THROUGH: Michelle Sanchez, Director of Development Services PREPARED BY: Lesa Wood, Senior Planner CASE: ZC2014-001 – Article 1 General Provisions – UDC Amendment SUBJECT: Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 1 General Provisions. GENERAL INFORMATION: As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has becomes necessary to update the UDC. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Katherine Tapley, Norton Rose Fulbright). A public hearing was conducted at the January 8, 2014 Planning and Zoning Commission meeting where staff discussed the proposed amendments with the Commission to gain input from the Commission and receive public comment. PROPOSED AMENDMENTS: • Minor text amendments have been made to a reference to the Master Thoroughfare Plan and to refine language to be consistent with the Texas Local Government Code (LGC). This includes the elimination of the Sections related to Minimum Requirements; Effective Date; and Severability. • Sec. 21.1.4 Jurisdiction was modified in order to provide consistency with LGC as well as a list of Articles that will assist both the public and staff to understand what portions of the UDC apply to properties located in the Extraterritorial Jurisdiction (ETJ). • Sec. 21.1.5 Consistency with the Comprehensive Land Use Plan (CLUP) was modified to remove text that exists in the CLUP to eliminate any conflict with the UDC. • Sec. 21.1.6 Vested Rights “Issuance of Local Permits” was modified to include definitions, a procedure to claim vested rights, obtain a determination and appeal of the decision as well as a procedure that allows the Planning and Zoning Commission to extend the vested rights expiration date. Over the last two years City Staff has had several cases where developers have requested vested rights on a project and State Law provides landowners or developers an opportunity to vest (grandfather) regulations that apply to their project. The UDC has an existing section regarding vested rights but with the increased requests the modification to include procedures and expiration dates will assist in process a request. STAFF RECOMMENDATION: Staff recommends approving the amendment to the Unified Development Code (UDC), Article 1 – General Provisions as presented. COMMISSIONERS CRITERIA FOR CONSIDERATION: In considering action, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments: Article I – General Provisions 2 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 for open space; • 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 Authority 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. 1/17/2014 Last saved by Wood, Lesa C. 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 subdivisions and property development adopted under LGC Chapter 212. The City also extends to its ETJ its authority to regulate signage as adopted under LGC Chapters 216, 245, and 43 in its ETJ. The following Articles of this UDC apply within the ETJ: 1. Article 1 – General Provisions, 2. Article 3 – Boards and Commissions 3. Article 4 – Procedures and Applications 4. Article 9 – Sec. 21.9.10 Parkland and Open Space Dedication Requirements 5. Article 9 – Sec. 21.9.11 Lighting and Glare Standards 6. Article 11 – Signs and Advertising Devices 7. Article 13 – Land Disturbing Activities 8. Article 14 – Transportation 9. Article 15 – Easements and Utilities 10. Article 16 – Definitions 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. 1/17/2014 Last saved by Wood, Lesa C. B. Definitions 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, contract, 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 final plat) C. Administrative Procedure for Consideration of Claim of Vested Rights Any property owner claiming vested rights under Chapter 245 of the LGC, or other applicable vesting law, shall submit a letter explaining in sufficient detail the basis upon which the property owner is claiming vesting and, consequently, is exempt from or not subject to a particular current regulation, ordinance, rule, expiration date, or other requirement. Such written submission shall include, at a minimum, the following: 1. The name, mailing address, and telephone number of the property owner (or the property owner’s duly authorized 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; 3. Provide Project name, type of 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 5. Attach all supporting documents, if any. The letter should be addressed to the City of Schertz Planning and Zoning Department. D. 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”). 1/17/2014 Last saved by Wood, Lesa C. E. Board of Adjustment Appeal. 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 requirements. a. Master Development 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 1/17/2014 Last saved by Wood, Lesa C. being platted by such a plat application will expire two (2) years after the date of the initial plat application, provided fair 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 Permits For the purposes of determining whether any vested rights exist, any other Permit for which an expiration date is not specifically set forth in this UDC or in other applicable law shall expire two (2) years after the date the application for the Permit was filed with the City if progress, as defined in LGC Section 245.005, has not been made towards completion of the Project. 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. 1/17/2014 Last saved by Wood, Lesa C. 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. 21.1.8 Violations and Penalties 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 1/17/2014 Last saved by Wood, Lesa C. same shall be cumulative of and in addition to the penalties prescribed for such violation. Sec. 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. 21.1.10 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 Specification Manual The Public Works Specification Manual prepared by the City of Schertz Public Works Division is hereby adopted by reference as if set forth in full. The Public Works Specification Manual shall contain specifications necessary to complete public projects. The Public Works Specification Manual may be amended by the City Manager or his/her designee from time to time. End of Article 1 1/17/2014 Last saved by Wood, Lesa C. PLANNING AND ZONING COMMISSION MEETING: January 22, 2014 Public Hearing Agenda Item – 4B TO: Planning and Zoning Commission THROUGH: Michelle Sanchez, Director of Development Services PREPARED BY: Lesa Wood, Senior Planner CASE: ZC2014-002 – Article 3 Boards, Commissions and Committees – UDC Amendment SUBJECT: Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 3 Boards, Commissions and Committees. GENERAL INFORMATION: As stated in the UDC, City Council from time to time may make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Katherine Tapley, Norton Rose Fulbright). A public hearing was conducted at the January 8, 2014 Planning and Zoning Commission meeting where staff discussed the proposed amendments with the Commission to gain input from the Commission and receive public comment. PROPOSED AMENDMENTS: • Text amendments were made to Article 3 in order to provide consistency with the City Charter and with each Board, Committee and Commissions by-laws. • Minor text amendments have been made to correct the title of Transportation Safety Advisory Commission (TSAC). STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approving the amendment to the Unified Development Code (UDC), Article 3 – Boards, Commissions and Committees as presented. COMMISSIONERS CRITERIA FOR CONSIDERATION: In considering action, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments: Article 3 – Boards, Commissions and Committees 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 Authority In addition to other 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; 3. amendment to the UDC; 4. annexation; 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. 1/17/2014 Last saved by Wood, Lesa C. 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 overlay district; c. rezoning requests including an application for a Specific Use Permit. d. amendment to the UDC; and e. a Development Agreement as set forth in the LGC and this UDC; 2. The Planning and Zoning Commission shall have final approval authority on the following applications: a. Subdivision Master Plan. b. preliminary plat; c. final plat; d. amending plat; 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 1/17/2014 Last saved by Wood, Lesa C. 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: i. reverse an order, requirement, decision or determination of an administrative official; or ii. authorize a variation from the terms of a zoning regulation. B. Duties and Approval Authority The BOA shall have the following duties: 1. The BOA shall hear and decide appeals when error is alleged in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this UDC or an ordinance adopted under this UDC. a. The BOA may reverse or affirm, in whole 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, if 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 1/17/2014 Last saved by Wood, Lesa C. 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. Sec. 21.3.5 Administrative Authority 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 Authority 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; b. establish or amend a zoning district map classification, including creation or amendment of an overlay district; c. rezoning requests including an applications for a Specific Use Permit; d. amendment of this UDC; e. 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; 1/17/2014 Last saved by Wood, Lesa C. j. preliminary plat; k. final plat; l. 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 forward the request to the Planning and Zoning Commission for determination; d. a site plan; and e. other applications as authorized by this UDC. Sec. 21.3.6 Other Boards, Commissions and Committees 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 1/17/2014 Last saved by Wood, Lesa C. 1. 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. Transportation Safety Advisory Commission 1. Structure of the Transportation Safety Advisory Commission (TSAC) The structure of the TSAC shall be as set forth by the City Council in establishing the TSAC. 2. 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: a. coordinate and communicate with the various Boards, Commissions, Committees and the City Council on matters related to transportation safety; b. develop safety materials to be used for promotional activities; c. develop research materials needed for promotion of transportation safety; 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 1/17/2014 Last saved by Wood, Lesa C.