§ 35-420. Comprehensive, Neighborhood, Community, Perimeter and Sector Plans.

STATEMENT OF PURPOSE

Neighborhoods are an essential building block of local planning. The master plan provides strong policies encouraging neighborhood participation in the planning and land development process. Neighborhood planning is an important process when it is participatory and inclusive. At the same time, the master plan requires development approval processes to be fair and equitable, and for permitting to be streamlined.

(a)

Applicability. The provisions of this section govern the development of neighborhood, community, perimeter, and sector plans. There are four (4) categories of plans that may be adopted pursuant to this section, as set forth in subsections (1) through (4) below. For purposes of this section, a "plan" shall mean and refer to any neighborhood plan, community plan, perimeter plan, sector plan or any plan adopted pursuant to V.T.C.A. Local Government Code ch. 213, unless otherwise indicated.

(1)

Neighborhood Plans. Neighborhood plans may include at least one (1) neighborhood unit. A neighborhood unit may encompass an area which includes residences, businesses, parks, schools, undeveloped land, and other community facilities. Populations should generally range from four thousand (4,000) to ten thousand (10,000) people depending on the geographic area and boundaries. A neighborhood unit usually contains at least one thousand five hundred (1,500) housing units. Neighborhood plans may be incorporated into community plans and shall function as building blocks in the development of community plans.

(2)

Community Plans. Based on the master plan policy for sector planning, the community building and neighborhood planning program includes a citywide system of community areas in order to develop community plans. The objective of dividing the entire city into community areas is to establish a framework for: developing community plans that impact and service all citizens of San Antonio; creating a citywide service system that fosters community-based partnerships and civic awareness that improves neighborhoods; and providing a means for articulating community values that is readily available to public and private entities which shape the future development of the community. The proposed community areas shall be identified by the department of planning and community development based on the city's current population, and boundaries based on community association areas, the parks and recreation system plan service areas, creeks, freeways, major arterials, and census tracts.

(3)

Perimeter Plans. Perimeter plans are similar to community plans but may cover land areas that lie within the corporate limits, the city's ETJ and that portion of the county outside of the city's present ETJ. Perimeter plans shall serve as amendments to the city's master plan for those areas lying within the city limits and shall be subject under state law to the zoning ordinances of the City of San Antonio. All other areas covered by the perimeter plan outside of the corporate limits of the city shall be for general guidance for the subdivision of land and implementation of the major thoroughfare plan.

(4)

Sector Plans. Sector plans are components of the city's master plan polices, but also provide appropriate guidance for land use, transportation, and public facilities planning in each of the city's sector areas. Sector plans shall serve as amendments to the city's master plan for those areas lying within the city limits and shall be subject under state law to the zoning ordinances of the City of San Antonio. All other areas covered by the sector plan outside of the corporate limits of the city shall be for general guidance for the subdivision of land and implementation of the major thoroughfare plan.

(b)

Initiation.

(1)

Generally. The planning process shall be initiated by the director of planning and community development and shall include other city departments, including the office of historic preservation.

(2)

Stakeholder Participation. The process of adopting a plan shall involve key stakeholders including residents, neighborhood associations, community organizations, non-profits, area institutions, universities, school districts, chambers of commerce, property owners, major employers, and businesses. Stakeholders shall form a planning team to assist with plan development. Plans will undergo continuing city departmental review to clarify and identify any program or policy inconsistencies.

(3)

Planning Team. The planning and community development director shall appoint the members of the planning team. The planning team shall execute a memorandum of understanding which outlines each group's responsibilities and a work program which outlines timelines for plan development. The planning team shall include, to the extent practicable, a cross section of the land area to be included in the plan including but not limited to residents (both renters and owners), business persons (both renters and owners), property owners of developed and unimproved properties, and institutional organizations such as school districts and churches. It is recognized that the composition of the planning team shall vary among the neighborhoods according to the land use and development character of each planning area.

(c)

Completeness Review. Not applicable.

(d)

Decision. The department of planning and community development shall forward the plan to the planning commission and city council for adoption as a component of the comprehensive master plan as provided by article IX, section 122 of the City Charter.

(1)

Type of Hearing. The public hearing before the planning commission and the city council shall be conducted as a legislative hearing in accordance with subsection 35-404(d), above.

(2)

Planning Commission. The planning commission, after public notice in accordance with V.T.C.A. Local Government Code § 219.003 shall hold at least one (1) public hearing on such application and as a result thereof shall transmit its report to the city council. A public hearing shall be conducted, and a recommendation shall be submitted, by the planning commission in accordance with the requirements of V.T.C.A. Local Government Code § 219.003. Following a briefing from the planning and community development director and consideration of public comments, the planning commission shall recommend to the city council approval of the plan, disapproval of the plan, or approval with changes as necessary to comply with subsection (e) of this section. Neighborhood plans not acted on after two (2) hearings before the planning commission shall at the discretion of the director of planning be forwarded to the city council for consideration without a recommendation by the commission.

(3)

City Council. The city council shall consider the proposed plan at a legislative hearing (see subsection 35-404(d), above). Following a briefing from the planning and community development director, review of the recommendations of the planning commission, and consideration of public comments, the city council shall approve the plan or disapprove the plan. The city council may overrule a disapproval of the proposed plan by the planning commission.

(e)

Approval Criteria.

(1)

Contents. All plans shall include the following elements: land use, community facilities, and transportation networks. The plan shall contain an existing land use map and a future land use map. The plan shall include cross-references comparing future land use categories to comparable zoning districts established by article III of this chapter. Pursuant to V.T.C.A. Local Government Code § 219.005 (notation on map of comprehensive plan), a map of a plan illustrating future land use shall contain the following clearly visible statement: "A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries." The plans shall include goals, objectives and policies for each element. The plans shall be consistent with the master plan. The plans will suggest time frames, responsible parties, and potential funding sources for implementation of the plan.

(2)

General Criteria. Before adopting a neighborhood, community, or perimeter plan, the planning commission shall determine that the plan:

• Identifies goals that are consistent with adopted city policies, plans, and regulations.

• Was developed in an inclusive manner to provide opportunities for all interest groups to participate.

• Is a definitive statement of the neighborhood or community, as applicable, and is appropriate for consultation and reference as a guide by the city council, departments, and commissions for decision-making processes.

(3)

Planning Process. The planning commission shall also evaluate the planning process to determine if the following criteria are met:

i.

Meetings were open to the public;

ii.

Schedules and planning teams were approved by the planning and community development director;

iii.

Appropriate departments, boards, commissions reviewed the plan; and

iv.

That proper notification was given to nonresidential property owners and the owners of undeveloped property.

(4)

Plan Contents. The planning commission will evaluate the plan's contents to determine if the following criteria are met:

• The plan contents are consistent with city policies, plans, and regulations;

•  Comments and recommendations from the pertinent city departments have been considered;

• The elements of the plan will implement the plan's goals and objectives; and

• Issues raised by the stakeholders which are outside the city's jurisdiction are identified.

(5)

Interpretation—Materially Similar Uses and Densities. The director of the planning department shall make a determination if a use not included in section 35-A101 can reasonably be interpreted to fit into a category where similar uses are described. Interpretations may be ratified by the city council upon recommendation by the planning commission at a regularly scheduled meeting. It is the intent of this article to group similar or compatible land uses into specific land use categories. The director's decision shall be recorded in writing. Should the director of the planning department determine that a materially similar category does not exist, the matter may be referred to the planning commission for consideration for amendment to this chapter to establish a specific listing for the category in question. Unless an appeal is timely filed pursuant to this chapter, a decision of the director of the planning department pursuant to this section is deemed to be valid. If the director's interpretation is denied by city council, then decisions prior to the denial made in reliance on the director's interpretation shall be deemed to be nonconforming categories or uses. Certain special districts shall require a finding of consistency for specific project requests based on the adopted land use plan.

(f)

Comprehensive, Neighborhood, Community, Perimeter and Sector Plan Amendments.

(1)

Applicability. The provisions of this section apply to any application for a change to the future land use component of adopted plans or for changes to the text of community, neighborhood, perimeter or sector plans. The comprehensive master plan is the city's long-range approved plan. The neighborhood, community, perimeter and sector plans are elements of the comprehensive plan. An amendment to the master plan should demonstrate that a substantial public need exists and the amendatory ordinance must bear a substantial relationship to the public health, safety, morals, or general welfare or protect and preserve historical and cultural places and areas. Each application for a change to the city's long range plan must follow the city's comprehensive plan and should not redetermine as an original matter the city's master plan policies.

(2)

Initiation. Plans are prepared to address needs of the planning area, existing development patterns, and opportunities for growth over the next five (5) or more years. As such, physical, market and development conditions will continue to evolve within the planning areas. These variables can result in necessary changes to an adopted plan. All petitions, recommendations or proposals for changes in the future land use component of adopted plans or changes to the text of the plan shall be filed with the planning commission. Text amendments may be proposed by any person. A proposed amendment may be initiated by:

A.

The city council by resolution; or

B.

An application properly signed and filed by the owner or, with the owner's specific written consent, a contract purchaser or owner's agent of a property included within the boundaries of a proposed amendment, unless otherwise provided for by this chapter. ^3[1] When an amendment is initiated, an application for such amendment shall be submitted to the director. The applicant may file an application for subdivision plat approval concurrent with an application for an amendment.

C.

The director of development services pursuant to an annexation service plan or to correct an administrative error in the rezoning or amendment of a tract of land pursuant to this chapter.

(3)

Completeness Review. The director of development services shall conduct a completeness review as set forth in section 35-402 of this chapter within two (2) working days of application submittal. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.

(4)

Decision. Upon certification by the director that the application is complete and required fees have been paid, the application shall be deemed complete and referred to the planning commission for its review and recommendation.

A.

Type of Hearing. The public hearings before the planning commission and city council shall be conducted in accordance with section 35-404, above.

B.

Planning Commission. The planning commission, after public notice in accordance with Table 35.403-1, Notice Requirements, shall hold at least one (1) public hearing on such application and as a result thereof shall transmit a resolution report to the city council. All applications for an amendment which have been considered by the planning commission shall be presented by the applicant to the city council within six (6) months from the date of the commission's final consideration. In the event the applicant fails to present the application for an amendment to the city council within the prescribed period, a new original application and fees shall be required. A new application shall not be submitted to the planning commission for consideration prior to the expiration of the six-month time period specified in subsection (5), below. See subsection 35-404(b) for rules relating to failure of the planning commission to submit a recommendation.

C.

City Council. After the resolution of the planning commission is submitted to the city council as provided in subsection B. above, the council shall consider an amendment after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Before the fifteenth (15th) day prior to the date of the hearing, notice of the time and place of the hearing shall be published in an official newspaper or a newspaper of general circulation in the city. After the receipt of the final report of the planning commission, the city council shall approve or deny the amendment.

All applications for an amendment which have been considered by the planning commission shall be presented by the applicant to the city council within six (6) months from the date of the commission's final consideration. In the event the applicant fails to present the application to the city council within the prescribed period, a new original application and fees shall be required. A new application shall not be submitted to the planning commission for consideration prior to the expiration of the six-month time period specified in subsection (5), below. See subsection 35-404(b) for rules relating to failure of the planning commission to submit a recommendation.

(5)

Postponement of a Case by Applicant.

A.

Prior to the city publishing notice of the amendment in the newspaper, an applicant may request in writing that the case not be scheduled for a public hearing date. In such cases, the applicant shall have six (6) months from the date of the written request to schedule the case. After expiration of the six-month period, the applicant will have to submit a new application with new fees for further consideration of an amendment on the subject property.

B.

If a written request for postponement is submitted by the applicant after the city has published the case in the newspaper, the fees paid shall be non-refundable and the case will not be rescheduled for a public hearing date until the postponement fee has been paid by the applicant. In such cases, the applicant shall have six (6) months from the date of the written request for postponement to reactivate the case. After expiration of the six-month period, the applicant will have to submit a new application with new fees for further consideration of an amendment on the subject property. In no instance shall a postponement extend beyond six (6) months from the date of the commission's final consideration.

C.

If a request for postponement is not received by 4:30 p.m. on the seventh (7th) day prior to the public hearing date, the case shall remain on the public hearing agenda and will require the applicant to personally request such a postponement in front of the planning commission or city council.

(6)

Subsequent Applications.

A.

Applicability. The provisions of this subsection shall not apply to any application which is initiated by the city council.

B.

Withdrawal of an Application.

1.

Withdrawal Without Time Penalty. An applicant may withdraw an application up to the time that it is called forward and the city staff begins presentation of the application during a duly advertised public meeting without a time penalty on resubmission of another application for the property whether by the original applicant or a new applicant.

2.

Withdrawal With Time Penalty. An applicant may withdraw an application after it has been called forward for discussion and staff has begun presentation however such withdrawal shall be penalized by imposing an automatic six-month time period following the date of withdrawal before the same or another application for the same property can be submitted for processing.

3.

Waiver of Time Penalty in Subsection 2. Above for Resubmission. At the time of withdrawal of an application the planning commission may consider a request by the applicant to bring the application or a modification of the application back prior to the expiration of six (6) months subject to all notifications and postings of the case being observed. If the planning commission fails to approve such resubmission prior to continuing with the next agenda item the six-month submission limitation shall stand.

4.

Request of Relief of Time Penalty. If new relevant and substantial evidence which could not have been secured at the time set for the original hearing shall be produced by applicant, under a sworn affidavit to that effect, then in that event, the planning commission may elect to hear and consider such application prior to the expiration of the time penalty.

C.

Denial of Amendment. It is further provided that no application for the amendment of any lot, lots or block of land situated in the city shall be received or filed with the planning commission of the city and no hearing held thereon, if within one (1) year prior thereto the city council, after consideration and hearing, has denied an application for an amendment of the same property.

(7)

Amendments. Any subsequent amendments to future land use or text changes to the community, neighborhood, perimeter or sector plans requires a new application and shall be processed as set forth in subsections (2) through (4) of this section.

(g)

Monitoring and Amendments.

(1)

Urban Indicators and Report. Urban indicators shall be developed as each neighborhood, community, and perimeter plan is produced. Urban indicators are qualitative or quantitative measures that assess progress towards the goals identified in the plan. A report to measure the success of plan implementation shall be prepared every two (2) years, based on the urban indicators found in each specific plan, by a coordinating group appointed by the planning and community development director consistent with the criteria established in subsection (b)(2), above, in order to implement the plan. The planning and community development director shall distribute the report to the city council and city departments. The report shall not constitute a plan amendment, but shall be considered in updating and amending the plan pursuant to subsection (2), below.

(2)

Amendments Required. Each plan shall be subject to continuing evaluation and review by the planning and community development director and the planning commission. The planning and community development director shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments or revisions of the comprehensive plan are considered. The plan shall be reviewed by the planning commission at least once every five (5) years and if necessary amended by the city council. If the review is not performed, any property owner in the planning area may file a petition with the director of planning and development services to amend the plan. If the planning and community development director finds that the review has not been performed, he shall initiate the referenced public participation program regarding the proposed amendment and may set a schedule or deadline for the completion of the review. If the plan is not updated pursuant to a petition filed pursuant to this subsection, then subsection (h) shall not apply until such time as the plan is updated.

(h)

Scope of Adopted Plan.

(1)

Adoption as a component of the city's master plan gives neighborhood plans, community plans, and perimeter plans the legal effect of the master plan (unless and until such plans are repealed or superseded by an amendment or a new plan adopted pursuant to this section as master plan component). For previously adopted plans referenced herein by their title and date of adoption and plans adopted pursuant to this section, the recommended comprehensive rezoning of an area and the evaluation of rezoning request for individual parcels shall be consistent with the adopted neighborhood plan, community plan or perimeter plan. The provisions of this subsection shall apply only to neighborhood plans, community plans, and perimeter plans adopted by the city council as amendments to the city's master plan. Previously adopted master plan component plans are:

A.

Camelot 1 Update neighborhood plan (September 23, 1999).

B.

Downtown neighborhood plan (May 13, 1999).

C.

Five Points neighborhood plan (February 3, 2000).

D.

IH-10 East Corridor perimeter plan (February 22, 2001).

E.

Midtown neighborhoods plan (October 12, 2000).

F.

Northwest community plan (September 24, 1998).

G.

Northeast Inner Loop neighborhood plan (March 22, 2001).

H.

Oakland Estates neighborhood plan (August 31, 2000).

I.

River Road neighborhood plan update (August 17, 2000).

J.

South Central San Antonio community plan (August 19, 1999).

K.

Westfort Alliance neighborhood plan (September 25, 1997).

(2)

In addition to the plans adopted pursuant to this section, the following plans referenced herein by their title and date of adoption may be considered as a guide in evaluating a comprehensive rezoning or a rezoning request (see subsection 35-421(e)(1) of this article) unless and until such plans are repealed or superseded by an amendment or a new plan adopted pursuant to this section:

A.

Alamo Farmsteads neighborhood plan (December 22, 1994) .

B.

Alamodome neighborhood plan (May 13, 1993).

C.

Jefferson neighborhood plan update (November 20, 1997).

D.

Mahncke Park/Narcissa Place neighborhood plan (August 11, 1983).

E.

Meadow Village neighborhood plan (February 25, 1993).

F.

Monte Vista neighborhood plan (July 7, 1988).

G.

North Shearer Hills neighborhood plan (April 8, 1993).

H.

South Riverbend neighborhood plan (January 21, 1988).

I.

Tanglewoodridge neighborhood plan (April 28, 1994).

J.

Tobin Hill neighborhood plan (September 24, 1987).

K.

Woodlawn Hills/Ingram Hills neighborhood plan (June 4, 1992).

(Ord. No. 95573 § 8, Amendment "H") (Ord. No. 98697 § 1 and 6) (Ord. No. 98698 § 3) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077 , § 2, 12-17-15; Ord. No. 2018-10-11-0815 , § 2, 10-11-18)

The Alamo Farmsteads neighborhood plan shall qualify as a guide for rezoning requests only if the neighborhood files a valid application for a new plan pursuant to this section by the effective date of this chapter.

Editor's note

Ord. No. 2015-12-17-1077 , § 2, adopted Dec. 17, 2015, changed the title of § 35-420 from "Comprehensive, neighborhood, community and perimeter plans" to "Comprehensive, neighborhood, community, perimieter and sector plans." This historical notation has been preserved for reference purposes.