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Consider public testimony regarding, and an ordinance amending Zoning and Development Code, Chapter 10, Articles I, V, and IX, Sections 10-2, 10-25, 10-26, 10-27, 10-34 and 10-70, Code of Ordinances (2018 Edition), regarding concept plan review procedures. (First Reading)*
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The code requires that the subdivision process include a concept plan prior to the submission of a preliminary plat application when the proposed subdivision either: (1) contains more than twenty acres or is contained within a parent tract which contains more than twenty acres; or (2) proposes to create a new street connection to a freeway, highway, or designated arterial roadway. The purpose of the concept plan is to provide an overview of large tracts of land to be subdivided to ensure that major issues such as transportation and utilities are accounted for. No individual development lots are shown. The concept plan is a voluntary part of the platting process not required by State Law.
Approval authority for a concept plan is currently assigned to the Planning and Zoning Commission, after holding a public hearing, with the required notification. However, the Commission has no authority to deny a subdivision application that meets the requirements of the code. Concept plan public hearings are often held in conjunction with the zoning public hearing on the same property and both applications are discussed. When a concept plan public hearing is held without a corresponding zoning public hearing, however, the speakers experience frustration because their comments about land use are not relevant to the concept plan. This occurred most recently at the May 4, 2022 public hearing for the Sauls Ranch East Concept Plan when 27 citizens spoke about property that is outside of the city limits and not subject to zoning. The concept plan process is straight forward as basic, objective standards must be met and are easily verified by staff. It is staff's professional opinion that requiring Commission review unnecessarily elongates the development process and adds costs for the applicant without providing value for the City.
This code revision reassigns the approval authority from the Planning and Zoning Commission to the Planning and Development Services Director and removes the public hearing requirement, making the review and approval of a concept plan an administrative process. Should the concept plan be denied by the Director, the application is then referred to the Planning and Zoning Commission for consideration.
The Planning and Zoning Commission held a public hearing at their meeting on July 20, 2022 and voted 7-0 to recommend approval.