municipal land use regulatory authority 2014 eagle ford consortium april 22, 2014 presented by:...

MUNICIPAL LAND USE REGULATORY AUTHORITY

2014 Eagle Ford ConsortiumApril 22, 2014

Presented by: Jameene Y. BanksDenton Navarro Rocha Bernal Hyde & Zech, P.C.

[email protected] North Main, San Antonio, Texas 78212

(210) 227-3243 Phone; (210) 225-4481 Facsimile

mailto:[email protected]

• ZONING• PLATS AND SUBDIVISIONS• ANNEXATION• ECONOMIC DEVELOPMENT AGREEMENTS• DEVELOPMENT AGREEMENTS

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COMPREHENSIVE PLAN AND ITS IMPACTLGC § § 213.00 et. al. & 211.004

A city may adopt a comprehensive plan which may: Include provisions on land use, transportation and

public facilities;Consist of a single plan or a coordinated set of plans

organized by subject and geographic area; and be used to coordinate and guide the establishment of

development regulationsCity is not required to have a comprehensive plan in

order to zone; HOWEVER If a city adopts a comprehensive plan it must be

followed when making zoning decisions. LGC § 211.004(a)

Denton Navarro Rocha Bernal Hyde & Zech P.C

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What Can Zoning Regulate?LGC § 211.003

Height, number of stories, and size of buildings and other structures;

Percentage of a lot that may be occupied;Size of yards, courts, and other open spaces;Population density;The location and use of buildings, other structures, and land

for business, industrial, residential, etc.;Construction in areas of historical, cultural, or architectural

importance;The bulk of buildings (if home-rule)

Denton Navarro Rocha Bernal Hyde & Zech P.C.

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What Must Zoning be Designed to do?LGC § 211.004

Lesson congestion in the streetsSecure safety from fire, panic, dangersPromote health & general welfareProvide adequate light & airPrevent overcrowding of landAvoid undue concentration of populationFacilitate adequate provision of transportation, water,

sewer, schools, parks, etc.

Denton Navarro Rocha Bernal Hyde & Zech P.C

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Zoning PitfallsExclusionary Zoning (excludes racial minorities, ethnic groups, lower income, etc.)

Constitutional IssuesSubstantive Due Process – legislation goes to farProcedural Due Process – notice and opportunity to be heardEqual ProtectionTakings

Regulation of certain usesReligious institutions - RILUPAManufactured homes - TMHSASOB’s – LGC section 243.000 et. al.Alcohol sales – TABC


More Zoning Pitfalls

Group homes – THRC section 123.003Federal Fair Housing Act Pawn Shops – LGC section 211.035Cell Towers – Federal Telecommunications ActAmateur Radio Antennas – Texas and Federal

Denton Navarro Rocha Bernal Hyde & Zech P.C. 7

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Zoning CommissionsLGC § 211.007

Home Rule must have

General Law may haveA planning commission may serve as the zoning

commissionIf no commission, city council performs functions

of zoning commission


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• Zoning procedures must be followed or else zoning ordinances are void

• City council establishes regulations and procedures for establishing district boundaries and adopting regulations.

• Zoning Commission (or council if none) conducts land-use inventories, determines preliminary land-use goals and policies, formulates specific district regulations, and draws tentative district boundary lines.

• A Preliminary Report is formulated based on the above determinations and is made to the City Council for final approval

Zoning ProcedureLCG § § 211.006 & .007


Citizen Input

• A public hearing is held to receive input from the public on the Preliminary and Final Report.

• Public Hearings must be held before both the P & Z and City Council


Zoning Tools for Unique Circumstances

• Specific Use Permits: Allows uses that zoning ordinance permits but requires screening or special conditions to ensure suitability.– The authority to grant an SUP must be provided

for in the zoning ordinance.– The ordinance must specify the conditions to be

met for the SUP.


Planned Developments• Development that does not fit the standards within

the standard zoning• Unique circumstances• Allows for Mixed Uses of Land: (Multi Family, Office

Developments, Retails, Hospitals and Hotels)• General Requirements:– Designate a minimum size– Plan the development as an integrated unit– Traffic and parking requirements– Buffer zones; Landscaping – Height and density regulations– Formal zoning amendment process required


Plat & Subdivision Authority

After a Public Hearing on the matter cities may adopt rules governing plats and subdivisions of land within the municipality’s jurisdiction (including the ETJ) to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the city.

Tex. Loc. Gov’t Code § 212.002


When are Plats Required?LGC § 212.004

• Owner divides the tract into 2 or more parts to lay out a subdivision,

• to lay out suburban, building, or other lots,• or to lay out streets, alleys, squares, parks or

other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts.


• The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed

• A Plat MUST be approved If It conforms to the general plan of the municipality.

• A plat is considered APPROVED unless it is denied within 30 days


Annexation Authority

• Chapter 43 Texas Local Government Code

• Home Rule Cities– Local Government Code– Full Power of Annexation– Charter Provisions

• General Law Cities– Local Government Code– Limited Powers of Annexation– Unilateral / Petition


Type A General Law City• Section 43.023 – AUTHORITY OF GENERAL-LAW MUNICIPALITY

WITH POPULATION OF MORE THAN 5,000 TO ANNEX AREA ON PETITION AND ELECTION OF AREA VOTERS– Less than 1 mile in width– Petition signed by 100 or more qualified voters of the area– Municipality orders election

• Sec. 43.024. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA ON REQUEST OF AREA VOTERS.– ½ or less in width– Majority vote by area qualified voters

17Denton Navarro Rocha Bernal Hyde & Zech P.C.

Type A Cont.• Sec. 43.026. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO

ANNEX AREA IT OWNS.• Sec. 43.028. AUTHORITY OF MUNICIPALITIES TO ANNEX SPARSELY

OCCUPIED AREA ON PETITION OF AREA LANDOWNERS.– Less than ½ mile in width– vacant and without residents or on which fewer than three

qualified voters reside– Owners must petition for annexation

• Sec. 43.024. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA ON REQUEST OF AREA VOTERS.– ½ or less in width– vacant and without residents or on which fewer than three

qualified voters reside

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Other Land Use Tools

• Public Improvement Districts• Neighborhood Empowerment Zones• 380 Agreements• Development Agreements• Several other specialized programs and district

authorized by statute


Ch. 380 Programs and Agreements

The governing body of a municipality may establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality. For purposes of this subsection, a municipality includes an area that:


(1) has been annexed by the municipality for limited purposes; or(2) is in the extraterritorial jurisdiction of the municipality.

(b) The governing body may:(1) administer a program by the use of

municipal personnel;(2) contract with the federal government, the

state, a political subdivision of the state, a nonprofit organization, or any other entity for the administration of a program; and

(3) accept contributions, gifts, or other resources to develop and administer a program.


Development AgreementsLGC Ch. 212

• Allows a city to enter into agreements governing land use in the city’s ETJ;• Can do creative things:• (1) guarantee the continuation of the extraterritorial status of the land

and its immunity from annexation by the municipality;• (2) extend the municipality's planning authority over the land by

providing for a development plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized;

• (3) authorize enforcement by the municipality of certain municipal land use and development regulations in the same manner the regulations are enforced within the municipality's boundaries;

• (4) authorize enforcement by the municipality of land use and development regulations other than those that apply within the municipality's boundaries, as may be agreed to by the landowner and the municipality;


• (5) provide for infrastructure for the land, including:– (A) streets and roads;– (B) street and road drainage;– (C) land drainage; and– (D) water, wastewater, and other utility systems;

• (6) authorize enforcement of environmental regulations;• (7) provide for the annexation of the land as a whole or in

parts and to provide for the terms of annexation, if annexation is agreed to by the parties;

• (8) specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; or

• (9) include other lawful terms and considerations the parties consider appropriate.


municipal land use regulatory authority 2014 eagle ford consortium april 22, 2014 presented by:...

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