Title
Approval of an ordinance on third reading with the caption reading: AN ORDINANCE AMENDING THE CITY OF PFLUGERVILLE CODE OF ORDINANCES TITLE XV LAND USAGE, BY REPEALING THE EXISTING CHAPTER 157 (UNIFIED DEVELOPMENT CODE); CREATING A NEW CHAPTER 157; REPLACING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000 AND DECLARING AN EFFECTIVE DATE.
Summary
In 2012 a code diagnostic was completed analyzing the provisions of the current Unified Development Code (UDC). That diagnostic outlined items where the UDC excelled, where there were deficiencies and proposed areas that could be modified. In 2013, staff began working on a comprehensive amendment to the UDC that took into consideration the changes proposed by the diagnostic as well as input from stakeholders and experiences in implementing the UDC since its creation. The amendments are intended to provide additional clarity, ensure equitable requirements across the zoning districts and provide adjustments as needed. The Planning and Zoning Commission held multiple worksessions throughout 2013 to further identify specific issues with each chapter and review the proposed amendments. Additionally, staff has worked in collaboration with the City's legal team as well as a consultant, Kendig Keast, who provided a 3rd party review of the proposed revisions as well as graphics for the UDC.
The discussion regarding the UDC was held in conjunction with the review and requested approval of the Engineering Design Manual and Construction Standards, Parks Develoment Manual and Sign Ordinance amendments.
Council first considered these items on October 28, 2014 when a public hearing was held. There were no members of the public that spoke at that meeting. On November 11, 2014, Council held a worksession and first reading on the ordinance. At that time staff covered the proposed updates and two developers spoke regarding the proposed updates. Council moved to approve the ordinances on first reading and requested that staff consider a more formal process for obtaining feedback from the development community.
Since the November 11, 2014 Council meeting, staff has held five "Development Pforums", met one on one with members of the community, presented the items to the Home Builders Association (HBA) Government Relations Committee, and presented the changes to the Central Texas Chapter of the American Planning Association (APA).
The Development Pforums were geared to solicit input from the development community, from residential builders to commercial builders to land owners. Information regarding the meetings was published online, in "The Key to the City", personal emails to over 90 development services customers, sent out on the City's development list serve and posted at the Development Services Center. These meetings were held during December and January; three at night and two during standard business hours. Each meeting offered a summary of all of the proposed updates and then candid conversations regarding any concerns or questions. A summary of the questions and comments is attached.
The largest response for feedback was from our residential building community. The concerns primarily revolved around the newly proposed parks development fee. Staff has proposed an alternative to the language originally proposed for the Parks Development Fee. This modification was made after receiving further feedback and provides an alternative to the original proposal that, from a staff perspective, meets the needs of the development community while also fulfilling goals of the Parks Master Plan. This proposed alternative is different than that recommended by the Parks and Recreation Commission provided within the original draft proposal. Modifications to the parkland development fee provisions were made to allow for the option of alternate compliance for the parkland development fee to be utilized in non-exclusive parks facilities that may receive up to 100% credit for the amenities placed within those areas. This is the recommendation of staff based on additional feedback staff received from the development community and the interpretation of the goals of Parks Master Plan. The intent is to ensure that new neighborhoods are served with developed parks and provide credit to the developments that are providing these neighborhood parks where community and regional parks are more than ΒΌ mile away. The Parks and Recreation Commission recommended a maximum credit of up to 25% for amenities related to the newly created park development fee.
Aside from the parks development fee, the majority of the other comments received required only clarification through discussion and fine tuning to the proposed text to ensure that intent of the changes were all encompassing.
Once the UDC has been adopted by City Council, the UDC will move from Franklin Legal Publishing to an online code publisher enCodePlus. The use of this technology provides for one location to access development applications, quick reference tables, UDC archives, and provides for linking GIS maps to create an interactive map that will allow the user to select an individual parcel or zoning district to navigate to the relevant section of the zoning code.
Planning and Zoning Commission Action
On September 15, 2014, the Planning and Zoning Commission voted unanimously to recommend approval of the Unified Development Code as proposed.
Prior City Council Action
A public hearing was conducted by the City Council on October 28, 2014.
A worksession was held with the City Council on November 11, 2014.
The ordinance was approved by the City Council on first reading on November 11, 2014 with a vote of 3-2 and postponement of the second reading of the ordinance was to allow time for additional public input.
The ordinance was approved by the City Council on second reading on February 10, 2015 with a vote of 3-0.
Legal Review
The ordinance has been approved as to form.
Staff Recommendation
Staff recommends approval of this ordinance on third and final reading.
Drafter
Emily Barron, AICP
Planning Director