To: Mark Hafner, City Manager
From: Sarah Hensley, Assistant Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving amendments to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article Four - Development Procedures and Requirements for Application Submittals, Section 4.10 - Replats, to mirror the Texas Local Government Code process for replatting; providing penalties; authorizing publication; and establishing an effective date. (UDC-22-0007)
Action Requested:
Conduct a public hearing and consider a request to amend the City of Keller Unified Development Code (UDC) by amending the process for replats to mirror state law.
Background:
Staff recently discovered conflicting and confusing language in the Unified Development Code related to the public hearing requirements for replats. Section 4.10 (A) states that “A public hearing will be required for replatting in accordance with Section 212.014 and 212.015 of Texas Local Government Code.” These sections of state law only require a public hearing if a replat requires a variance or exception.
Section 4.10(C) of the UDC includes almost identical language with Section 4.10(A) and states that “A public hearing may be required on all Replats in accordance with the Texas Local Government Code,” but is followed by Section 4.10(E)(1) that states “Public hearings prior to the Planning and Zoning Commission decision and the City Council decision are required for all replat cases…”
The provision for a public hearing on a replat (or any plat) that has no variances can be misleading, since by state law (Section 212.005) the municipal authority charged with approving plats cannot deny a replat or plat that meets all applicable regulations. In other words, the current UDC language could create a situation where the Planning and Zoning Commission is required to conduct a public hearing on an item they have no option other than to approve.
Proposed Amendments:
See Exhibit “A”
Summary:
The proposed UDC Amendments include:
1. Amend Section 4.10(A) to clarify that a public hearing may be required.
2. Remove Sections 4.10(C) and 4.10(E) in their entirety.
3. Update Section 4.10(F) to clarify the process for filing a plat after approval.
Citizen Input:
An amendment to the text of the UDC requires a public hearing notice to be published in the local newspaper ten (10) days prior to the scheduled Planning and Zoning Commission meeting date and fifteen (15) days prior to the City Council Meeting Date. Notices were published in the August 28, 2022 and September 18, 2022 editions of the Fort Worth Star-Telegram for the respective Planning and Zoning Commission and City Council public hearings. As of today, staff has not received any comments from the public.
Planning and Zoning Commission Recommendation:
On September 13, 2022 the Commission voted to unanimously recommend approval of the proposed UDC amendments.
Alternatives:
The City Council has the following options when considering an amendment to the text of the UDC:
§ Approve as submitted.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.