§ 35-105. Consistency with Master Plan.  


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  • The master plan policies were adopted by the planning commission as Resolution No. 97-05-01 on May 14, 1997, and by the city council as Ordinance No. 86100 on May 29, 1997. The master plan policies are intended to provide guidance in the evaluation of future decisions relevant to city planning. The master plan policies do not constitute a substantive change in existing ordinances of the city neither does it supersede nor replace the Unified Development Code or any regulatory ordinance adopted prior to the adoption of the master plan policies. Any amendment to the Unified Development Code or other regulatory ordinances made necessary in order for said regulations to be consistent with the master plan policies shall be implemented pursuant to the process prescribed in the master plan policies, in lieu of any provision of this chapter in apparent contradiction.

    Pursuant to V.T.C.A. Local Government Code § 211.004, this chapter is intended to implement the goals, objectives and policies of the master plan and is hereby deemed to be consistent and in accordance with the master plan. Any amendments to this chapter, including any rezoning approved pursuant to section 35-421 of this chapter, shall be consistent with following:

    (a)

    The adopted master plan, as it may be amended from time to time, in effect at the time of such request for amendment; and

    (b)

    Any neighborhood, community, or perimeter plan adopted pursuant to section 35-420 of this chapter.

    An amendment to the text of the ordinance is consistent with and in accordance with the master plan if it complies with the goals and policies stated in the master plan, as it may be amended from time to time.

    Master plan elements are authorized under Article IX of the City Charter, Section 121. The master plan: "The commission may adopt the master plan as a whole or in parts, and may adopt any amendments thereto." Currently adopted master plan elements include those listed below as such elements may be amended from time to time.

    (1)

    Transportation Plan/Major Thoroughfare Plan. The transportation plan/major thoroughfare plan was adopted by Resolution No. 78-07-02 of the planning commission on July 12, 1978 and adopted as Ordinance No. 49818 by the city council on September 21, 1978. It contains the city's transportation policies and the areawide transportation planning process and how it relates to that of the city.

    (2)

    Parks and Recreation Department Strategic Systems Plan. Adopted by city council Ordinance No. 2006-05-18-0605 on May 18, 2006, the parks plan was prepared as a joint effort between the department of parks and recreation and the department of planning and development services.

    (3)

    Water Master Plan. The waterworks master plan is the "Securing Our Water Future Together" adopted by the city council on November 5, 1998 and subsequent revisions thereof. This adopted plan is implemented through the "Utility Service Regulations" adopted February 18, 2003 by the board of trustees.

    (4)

    Wastewater Infrastructure Plan. The wastewater infrastructure plan consists of sets of wastewater service policies and sewer extension policies. The report included policies which have been implemented; many have been written in the subdivision regulations.

    (5)

    Drainage Master Plans. As the city continues to define and adopt drainage master plans for specific watersheds contained in whole or in part within the city limits and its ETJ, development will be required to conform to the elements of the plan for each particular watershed. The preservation of the inherent characteristics of natural drainage features and of the natural floodplain where practical is an adopted goal of each watershed drainage plan. The guidance for the drainage master plans was provided by the drainage regulation review committee in February 1996. The first two (2) goals stated in the report are to "Ensure that stormwater management considers and provides reasonable safety from flood hazards for people and property" and to "Integrate stormwater management with natural resource enhancement and protection, compliance with environmental regulations and with creating appropriate development." The drainage master plans developed by the city for each watershed provide long-range guidance for managing the stormwater from existing and future land uses in the most efficient ways possible, with consideration for continued development, reduced flooding potential, adequate stormwater conveyance, increased aquifer recharge, water quality, habitat protection, and increased recreational opportunities.

    (6)

    Library Facilities Plan. Adopted December 17, 1998.

    (7)

    HUD Five-Year Consolidated Plan. Adopted September 15, 2005 by Ordinance No. 101384.

    (8)

    Bicycle Master Plan. Adopted April 21, 2005 by Ordinance No. 100741.

    (c)

    Requirements for Conformity with the Master Plan. This section coordinates the various citations within the Unified Code of Development Regulations that refer to the master plan. It is anticipated that with additional reference to the city's master plan and requirements for conformity, the city will see a genuine effort toward implementation of the plan and its elements.

    (1)

    Master development plans (MDP) shall conform to the master plan.

    (2)

    Subdivisions shall conform to the master plan and the parts thereof.

    (3)

    The zoning regulations and districts as established in this chapter have been made in accordance with a comprehensive plan.

    (d)

    The zoning commission, in those instances wherein special approval of city council is required, shall consider each such proposed use and make its recommendations to the city council with reference thereto including its recommendation, among other things, as to proper location with respect to the master plan.

(Ord. No. 2008-04-03-0267, § 2, 4-3-08)