HomeMy WebLinkAbout11092017 ZPC Agenda Item 6 Observations and Recommendations
West University Place Code of Ordinances, Chapter 74—Subdivisions
Kendig Keast Collaborative (KKC) was tasked with reviewing and then providing observations and
recommendations regarding the City's existing subdivision regulations, which were adopted on
August 11, 2003 (Ordinance No. 1748). Since then, the City of West University Place has continued to
evolve, as has Texas Local Government Code (TLGC) Chapter 212 and State and Federal case law
pertinent to subdivision.This report examines the subdivision regulations with respect to:
• Compliance with TLGC Chapter 212;
• Applicable State and Federal case law; and
• The ability of the existing regulations to utilize all subdivision powers available under State law
to implement all City plans that promote public health and safety and orderly growth,
development and redevelopment.
The analysis in this report is two-fold. First, it begins by following the existing order of Chapter 74, with
comments and recommendations in each section marked by green "bullets." Second, additional KKC
recommendations shown in red font are intended to address content omissions and to improve the
Chapter's functionality, effectiveness and administration by reordering the content of Chapter 74 into a
more logical sequence. A table at the end of the report outlines the recommended reorganization of
Chapter 74 relative to its existing sections.
The report concludes with a short list of general observations resulting from this review. Finally, we note
that KKC personnel are community planners and not attorneys. Therefore, we offer these findings and
recommendations based on our field of experience, subject to legal review by and guidance from the
City Attorney on any specific amendments the City may ultimately choose to pursue.
CHAPTER 74: SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec.74-1.—Definitions.
The list of definitions should be expanded. Definitions minimize ambiguity, define critical and unique
words and terminology, and clarify words with multiple meanings. Presently, only six terms are
defined. Terms such as arterial, collector, local and cul-de-sac streets; rights-of-way and easements;
minor plats, amending plats, replats and vacation plats; concept plan/land study, construction plans
and as-built plans; and common areas and property owners' association are examples of missing
definitions—various of which are not currently in Chapter 74 but might be introduced through the
recommended enhancements to the chapter content.
Sec. 74-2.—Purpose.
The Purpose section should reference the implementation of the Comprehensive Plan, establishment
of development standards, and setting reasonable development restrictions that will not infringe on
the Constitutions of the United States of America or the State of Texas.
• The "Purpose" section should cross-reference a section not currently in Chapter 74 called
"Consistency with Plans." That linkage establishes the basis for the Subdivision Regulations to
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Observations and Recommendations on CHAPTER 74—SUBDIVISION (June 8, 2017)
implement the various plans and standards of the City, such as requiring street rights-of-way, parks,
or other public improvements. The "Purpose" linkage forms the legal basis to require such
improvements in a manner that is not arbitrary or capricious.
Sec. 74-3.—Authority of Z& PC. Recommend revised Sec. 74-3.Authority and Sec. 74-12.Z& PC.
This section addresses administration of Chapter 74 and should not be in Article I. The section should
be relocated along with Sec. 74-7. Variances and Modifications and Sec. 74-10. Summary Approvals,
Delegation of Authority, into the recommended new Article II.Administration.
Sec. 74-4.—Applicability, Reviews,and Site Plans. Recommend revised Sec. 74-4.Applicability.
This section should only address "applicability." Reviews and site plans are procedural and should be
included in a different article of Chapter 74.
The site plan language is not clear as to whether site plans are regulated by Chapter 74 or if another
Chapter in the Code of Ordinance is just being cited in relation to subdivisions. The language can be
interpreted as: 1) a site plan can be submitted with a plat, or 2)the requirements in Code Sec. 18-54
relating to the construction of infrastructure apply to Chapter 74. Both interpretations are valid and
ideally should be crafted into the recommended new Article VI.
Recommend New Sec. 74-5. Consistency with Plans and Design Requirements. A section requiring
that plats be consistent with the Comprehensive Plan and other applicable City plans and design
standards is critical. Without such references, the City has less strength to require right-of-way
dedication and public improvements, and to deny plats that do not meet City standards.
Sec. 74-5.—Building Permits not to be Issued. Recommend Sec. 74-6. Platting Required.
This section is in the correct article, following applicability. Most jurisdictions call this section
"Platting Required" or include it with applicability.
Sec. 74-6.—Bond and Permit Required. Recommend Sec. 74-50. Deferral and Permitting.
This section should be relocated into the recommended new Article V, expanded in scope, and
specify the processes and procedures for when and how bonds are accepted, released, warrantied,
and relate to required improvements and the timing of permits. As written, it provides insufficient
details to protect the interests of the City and to ensure that these provisions are applied uniformly.
Sec. 74-7.—Variances and Modifications. Recommend Sec. 74-13. Zoning Board of Adjustment(ZBA).
All comments listed for Sec. 74-3 apply to this section for the same reasons stated previously.
Sec. 74-8.—Surveying. Recommend Appendix A.
This section should be revised to state that "Any surveying of a subdivision shall be done by a
Registered Professional Land Surveyor(RPLS) duly licensed by the State of Texas." The section should
also be relocated to the recommended new Article VI and Appendix A.
Sec. 74-9.—Fees. Recommend Sec.74-18. Fees.
This section should be relocated to Article III and expanded to allow the City to be reimbursed for any
costs it incurs in the review of any development application by a third party reviewer, such as a traffic
engineer for a Traffic Impact Analysis, or an attorney for a special agreement. The expenses incurred
for such reviews would need to be payed prior to the filing of subsequent plats or plat recordation.
Secs. 74-11-74-38. -Reserved
Sections 74-11 through 74-38 are currently reserved. Recommend adding new Articles II, Ill and IV to
consolidate the subdivision administration, standardize plat review, and specify subdivision
standards.
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Observations and Recommendations on CHAPTER 74–SUBDIVISION (June 8, 2017)
RECOMMEND ARTICLE II. ADMINISTRATION
• Recommend Sec.74-11. Summary Approvals; Delegation of Authority. (Existing Sec. 74-10)
• This section should be renamed "Administrative Authority" and spell out which applications can
be approved administratively and those that require Z& PC approval.There should be fewer TLGC
citations and more language specifying administrative,Z& PC, and ZBA roles and responsibilities.
• Parts of this section need to be reworded. An example is Subsection (c), Combination Plats, which
states that the Director can approve such plats. In reality, the Director can allow the submittal of
such plats but generally cannot approve them unless specific criteria are defined.
• Recommend Sec. 74-12. Zoning and Planning Commission (Z&PC). (Existing Sec. 74-12)
• Recommend Sec. 74-13. Zoning Board of Adjustment(ZBA). (Existing Sec. 74-13)
Recommend Sec. 74-14. Development Review Committee (DRC). This new section—referring to a
committee comprised of City staff and departments involved in plat review (e.g., planning,
engineering, public works, public safety) and representatives from external referral agencies—should
be created to formalize the review of applications and provide coordination and issue resolution,
between plan reviewers and applicants.
Secs. 74-15-74-16. -Reserved
RECOMMEND ARTICLE III. STANDARDIZED REVIEW PROCEDURES
Article III is recommended to ensure consistent processing and review and to spell out all aspects of
the submittal and review processes. Plat content checklists would be in Appendix A.
Recommend Sec. 74-17. Pre-Application Conference. Recommend that this meeting be mandatory
since most new projects will involve redevelopment.
Recommend Sec. 74-18. Fees. Move existing Sec. 74-9 here in amended form, as summarized
previously.
• Recommend Sec. 72-19. Application Checklists, and Plat Content Requirements. Reference the
contents of existing Secs. 74-40, 74-41, 74-42, 74-44, 74-45, 74-66, 74-67, 74-68, 74-69, 74-70, 74-71
and 74-72 as a cross-reference to Appendix A, and state that plats shall be submitted in accordance
with submittal deadline schedules established by staff.
Recommend Sec. 74-20. Completeness Review. This language is critical to specify that the statutory
30-day review process only begins when staff receives a complete application at least 30 days prior to
a regularly scheduled Z & PC meeting. Incomplete plats should not be reviewed. Currently, the
regulations state that the statutory 30-day review begins upon submittal.
• Recommend Sec. 74-21. Application Review; Staff Review and Referrals. As recommended above,
a DRC helps to facilitate efficient completion of plat review to satisfy the 30-day statutory review
requirement. A DRC process allows interaction among staff, referral agencies and the applicant and a
forum to resolve comment differences. It is not uncommon for a planning comment to be at odds
with the criteria or standards of another reviewing entity, so the DRC enables timely issue resolution.
• Recommend Sec. 74-22. Continuances and Withdrawals. Because of the 30-day statutory review
window, procedural language should be included to avoid the automatic approval of a defective plat.
• Recommend Sec. 74-23. Approval, Conditional Approval or Denial Authorized. (Existing Sec. 74-46)
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Observations and Recommendations on CHAPTER 74–SUBDIVISION (June 8, 2017)
Recommend Sec. 74-24. Inactive Applications. Language is recommended to limit how long a plat
may remain inactive, without any action on the plat being taken by the applicant, before the plat is
automatically deemed to have been withdrawn.
Recommend 74-25.Successive Applications. (Existing Sec. 74-72)
Secs. 74-26-74-27. -Reserved
Presently there are very few references to standards that direct subdivision design. A new Article IV,
below, is recommended to remedy that omission.
RECOMMEND ARTICLE IV. LAND SUBDIVISION STANDARDS
Recommend Sec. 74-28. Land Subdivision Standards.This section may be the appropriate location for
much of the content in existing Sec. 74-4, and to reference Code of Ordinances Sec. 18-54 and the
design standards of that section.
Recommend Sec. 72-29. Consistency with Zoning Ordinance Standards. Compliance with the design
requirements and standards of the zoning ordinance (existing Sec. 74-109) needs to be referenced as
one essential basis for subdivision design.
Recommend Sec. 74-30. Construction Design and Specifications. If the City has a technical manual, or
has adopted the standards of Houston or another jurisdiction, there should be a statement to that
effect to incorporate those standards by reference, as amended, and give them legal weight. Existing
Secs. 74-114 (Street Frontage) and 74-110 (Survey, Stakes, Location) should be incorporated as
subsections of this section.
Recommend Sec. 74-31. Master Drainage Plan. If the City has a Drainage Plan, or is included in a
larger Harris County or regional drainage plan, that plan should be incorporated by reference to give
those standards legal weight and as the basis to deny a plat for failure to comply with those
standards.
• Recommend Sec. 74-32. Streets, Sidewalks, Bike Lanes. Existing standards and specifications should
be referenced. The same comments and rationale cited for recommended Secs. 74-29, 74-30 and
74-31 apply to transportation and utility improvements.
• Recommend Sec. 74-33. Utilities. Incorporate existing Secs. 74-111, 74-112 and 74-113, with
additional detail, and the criteria of each utility provider into this section. This section will need to
address redevelopment projects that necessitate dated infrastructure to be updated to current
standards and the needs of each redevelopment project.
• Recommend Sec. 74-34. Development Phasing. Phasing plans are critical if property will be
redeveloped and new improvements to transportation, drainage or utilities will be completed over a
period of time. Language that allows phasing should be included, along with language that allows the
City to have the power to determine the timing and sequencing of improvements.
Recommend Sec. 74-35. Parkland Dedication / Parkland Improvements. As properties are
redeveloped, the City may want to require streetscape improvements, linear parks along drainage
features, or parks. If such aspirations are spelled out in the City's adopted Parks and Open Space
Master Plan or in other City plans,they should be incorporated by reference in this section.
Recommend Sec. 74-36. Timing of Site Plan or Development Plan. On some projects, it is helpful to
the City and developer to submit a site plan, development plan, or construction plans early in the
development process to coordinate platting with anticipated site development and to coordinate
with surrounding existing development. There should be a provision that allows such optional,
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Observations and Recommendations on CHAPTER 74—SUBDIVISION (June 8, 2017)
non-mandatory submittals, at risk to the developer, but does not obligate the City to approve any
plat, construction plans, or site plan.
• Recommend Sec. 74-37.Timing of Construction Plans(Optional Submittal with Preliminary Plat).
• Recommend Sec. 74-38. Construction Plan Requirements (Refer to Appendix).
Secs. 74-39-74-46.—Reserved
Sections 74-47 through 74-65 are currently reserved. Recommend adding new Articles V and VI,
as shown below, to specify requirements, developer responsibility to provide the required
improvements, and the applicable subdivision standards.
RECOMMEND ARTICLE V. IMPROVEMENTS REQUIRED—DEVELOPER AND CITY RESPONSIBILITIES
Federal and State case law have clearly defined the respective legal responsibilities of the developer
and City to complete public improvements and the "fair share responsibility" of each. Standard
ordinance language that has proven to be acceptable to the courts should be added to Chapter 74.
In a largely built-out city, redevelopment projects can trigger the need for improvements to
substandard or undersized infrastructure, or the desire for the developer and City to enter into an
agreement to share in the cost of improvements. A new Article V is recommended to address these
issues and to replace existing Secs. 74-105 and 74-108.
Recommend Sec. 74-47.Transportation.
• Recommend Sec. 74-48. Utilities.
Recommend Sec. 74-49. Public Acceptance and Permitting.
• Recommend Sec. 74-50. Deferral and Permitting.
• Recommend Sec. 74-51. Public Improvement Agreements.
• Recommend Sec. 74-52. Reimbursement Agreements.
• Recommend Sec. 74-53.Oversizing Agreements.
Secs. 74-54-74-60. -Reserved
RECOMMEND ARTICLE VI. DEVELOPMENT APPLICATIONS
By adding a new Article III, above, the sections of this article can be brief and cross-reference the
standardized procedures of Article III and the content requirements listed in a new Appendix A.
• Recommend Sec. 74-61. Minor Applications. (Administrative Approval)
Minor Plat(and criteria for minor)
Minor Amending Plat(and criteria for minor)
Development Plat
Minor Combination Plats(and criteria for minor)
Site Plans
Construction Plans
• Recommend Sec. 74-62. Major Applications. (Z&PC Approval)
Land Studies(Concept/Master Plans)
Preliminary Plat(Existing Sec. 74-39)
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Observations and Recommendations on CHAPTER 74—SUBDIVISION (June 8, 2017)
Final Plat(Existing Sec. 74-66)
Major Amending Plat
Replats(reference that certain replats require public notice and a public hearing)
Major Combination Plats
Combined Preliminary/Final Plats
Condominium Plats
• Recommend Sec. 74-63. Subdivision Variances.
• Recommend Sec. 74-64. Construction Standards Variances. (Provide Authority to Public Works
Director)
• Recommend Sec. 74-65. Dormant Plats.
Secs. 74-66-74-73.—Reserved
Sections 74-74 through 74-104 are currently reserved. Recommend adding a new Article VII and a
new Appendix A to summarize final subdivision procedures and to list standardized information and
forms to be submitted and used in those processes.
RECOMMEND ARTICLE VII. COMPLETION OF IMPROVEMENTS
n Recommend Sec. 74-74. - Pre-Construction Meeting. (Pre-Construction Coordination)
g Recommend Sec. 74-75. - Land Disturbance Permit. (Upon SWPPP Permit)
a Recommend Sec. 74-76. - Inspections. (Ability of City to Issue a Stop Work Order)
■ Recommend Sec. 74-77. - Report upon Completion of Improvements. (Existing Sec. 74-106)
R Recommend Sec. 74-78. - Public Acceptance of Improvements. (Reference Appendix A Forms)
A Recommend Sec. 74-79. -Plat Recordation Requirements.
• Recommend Sec. 74-80. - Plat Expiration.
Secs. 74-81-74-104. -Reserved
RECOMMEND APPENDIX A
Part 1. Submittal Requirements/Checklist. (By Application Type)
Part 2. Plat Recordation Requirements/Checklist.
Part 3. Construction Plan Requirements/Checklist.
Part 4. Standardized Language and Forms.
Surveyor, Engineer and City Certifications
Standard General Plat Notes
Preliminary and Final Acceptance/Improvement Warranty Forms
Form Improvement Agreement
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Observations and Recommendations on CHAPTER 74-SUBDIVISION (June 8, 2017)
General Observations:
1. Other chapters in the Code of Ordinances, such as Chapter 18 (Buildings and Development), directly
relate to Chapter 74. There should be cross-references to those chapters, and to any other codes,
criteria, design standards, and specifications that govern the preparation of subdivisions and other
development proposals for review.
2. The list of items to include on plats is incomplete. The ideal list would be more thorough, with staff
able to determine which items are applicable to each project type.
3. The regulations throughout are not clear as to which applications can be approved administratively
by staff versus those that must be referred to the Z& PC, as illustrated in Sec. 74-10. Such ambiguity
should be eliminated to ensure equal protection under the law and uniform application of
Chapter 74.
4. Developer responsibilities for public improvements related to plats and site plans need to be
defined to ensure that developers pay their "fair share" for costs of development and
redevelopment projects.
TABLE 1:Comparison of Recommended and Existing Organization of Chapter 74
Proposed Organization Existing Sections Relocated or Consolidated
ARTICLE I.In General
Sec.74-1. Definitions. Same.
Sec.74-2. Purpose. Same.
Sec.74-3.Authority. Revised.
Sec.74-4.Applicability. Revised.
Sec.74-5.Consistency with Plans and Design Requirements.
Sec. 74-6. Platting Required. Revised Sec.74-5.
Sec. 74-7-74-10. Reserved
ARTICLE II.Administration
Sec. 74-11.Summary Approvals; Delegation of Authority. Sec. 74-10.
Sec.74-12.Zoning and Planning Commission (Z&PC). Secs.74-3.,-43.,-72.(d) and(e),-73.,-114.
Sec. 74-13.Zoning Board of Adjustment(ZBA). Sec. 74-7.
Sec.74-14. Development Review Committee(DRC).
Secs. 74-15-74-16. Reserved
ARTICLE III.Standardized Review Procedures
Sec.74-17. Pre-Application Conference.
Sec.74-18. Fees. Sec.74-9.
Sec.74-19.Application Checklists,and Plat Content Secs.74-40.,-41.,-42.,-44.,-45.,-66.,-67.,-68.,
Requirements. -69.,-70.,-71.,-72.
Sec.74-20.Completeness Review. Sec.74-72.(d)
Sec.74-21.Application Review;Staff Review and Referrals.
Sec.74-22. Continuances and Withdrawals.
Sec.74-23.Approval,Conditional Approval or Denial Sec.74-46.
Authorized.
Sec. 74-24. Inactive Applications. Sec. 74-72.(c)
Sec.74-25.Successive Applications. Sec. 74-72.(f)
Secs. 74-26-74-27.Reserved
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Observations and Recommendations on CHAPTER 74-SUBDIVISION (June 8, 2017)
Proposed Organization Existing Sections Relocated or Consolidated
ARTICLE IV.Land Subdivision Standards
Sec. 74-28. Land Subdivision Standards. Sec. 74-4. (and reference City Code Sec. 18-54.)
Sec. 74-29. Consistency with Zoning Ordinance Standards. Secs.74-109.,-114.
Sec. 74-30. Construction Design and Specifications. Secs.74-110.,-114.
Sec. 74-31. Master Drainage Plan.
Sec. 74-32.Streets, Sidewalks, Bike Lanes.
Sec.74-33. Utilities. Secs. 74-111.,-112.,-113.
Sec.74-34. Development Phasing.
Sec.74-35. Parkland Dedication/Parkland Improvements.
Sec.74-36.Timing of Site Plan or Development Plan.
Sec.74-37.Timing of Construction Plans.
Sec.74-38. Construction Plan Requirements.
Sec. 74-39-74-46. Reserved
ARTICLE V.Improvements Required-Developer and City Responsibilities Secs.74-105.,-108.
Sec.74-47.Transportation.
Sec.74-48. Utilities.
Sec.74-49. Public Acceptance and Permitting. Sec.74-107.
Sec.74-50. Deferral and Permitting. Sec.74-6.
Sec.74-51. Public Improvement Agreements.
Sec.74-52. Reimbursement Agreements.
Sec.74-53.Oversizing Agreements.
Sec. 74-54-74-60. Reserved
ARTICLE VI. Development Applications
Sec.74-61. Minor Applications;Administrative Approval.
Sec.74-62. Major Applications;Z& PC Approval. Secs. 74-39.,-66.
Sec.74-63.Subdivision Variances.
Sec.74-64.Construction Standards Variances.
Sec.74-65. Dormant Plats.
Sec. 74-66-74-73. Reserved
ARTICLE VII.Completion of Improvements
Sec.74-74. Pre-Construction Meeting.
Sec.74-75. Land Disturbance Permit.
Sec.74-76. Inspections.
Sec.74-77. Report Upon Completion of Improvements. Secs.74-106.,-107.
Sec.74-78. Public Acceptance of Improvements.
Sec.74-79. Plat Recordation Requirements.
Sec. 74-80. Plat Expiration.
Sec. 74-81-74-104. Reserved
Appendix A
Part 1.Submittal Requirements/Checklist. Sec.74-8.
Part 2. Plat Recordation Requirements/Checklist. Secs. 74-40.,-41.,-42.,-44.,-45.,-66.,-67.,-68.,
Part 3.Construction Plan Requirements/Checklist. -69.,-70.,-71.,-72.
Part 4.Standardized Language and Forms.
> Surveyor, Engineer and City Certifications
> Standard General Plat Notes
> Preliminary and Final Acceptance/
Improvement Warranty Forms
> Form Improvement Agreement t''` 1 KENDIG KEAST Page 8 of 8
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