TOWN STAFF REPORT RECOMMENDATIONS
title
Discuss, consider and act regarding adoption of Ordinance 1009 Delegating Temporary Plat Approval Authority and Extension Approval Authority Pursuant to the Provisions in Chapter 212 of The Texas Local Government Code, as Amended, and Chapter 82 of the Town of Westlake Code of Ordinances, as Amended, to the Town Planner (Jason Alexander, AICP, CEcD, Deputy Town Manager)
body
STAFF: Jason Alexander, AICP, CEcD, Deputy Town Manager
BACKGROUND:
Effective September 1, 2023, as enacted by House Bill 3699, the Texas Legislature made several amendments to the platting statutes. The Ordinance, as proposed, is intended to ensure that the platting regulations contained in Chapter 82 of the Town of Westlake Code of Ordinances are in alignment with the statutes contained in Chapter 212 of the Texas Local Government Code, as amended.
The enaction of House Bill 3699 amending Chapter 212 of the Texas Local Government Code allows for the “governing body of a municipality or the municipal planning commission may delegate to one or more officers or employees of the municipality or of a utility owned or operated by the municipality the ability to approve, approve with conditions, or disapprove a plat.” However, the provisions contained in Chapter 212 of the Texas Local Government Code also allow an applicant to appeal a denied plat to the governing body of the municipality or the municipal planning commission. The designated person may also present a plat for approval to the municipal authority.
Notwithstanding delegation of plat approval authority to the Town Planner, it is further the purpose of this Ordinance to provide the necessary time to make intentional amendments to the platting regulations in Chapter 82 of the Town of Westlake Code of Ordinances that are consistent with both the statutes contained in Chapter 212 of the Texas Local Government Code, as amended, and the community’s vision for sustainable development, growth, and investment.
Approval of the Ordinance will (i) expedite the development review and approval process; (ii) create an environment that is more predictable for investment; and (iii) allow the Department of Planning and Development an appropriate period of time to prepare and present amendments to the platting regulations in Chapter 82 of the Town of Westlake Code of Ordinances for future review, consideration, and possible action by both the Planning and Zoning Commission (recommendation) and the Town Council (decision).
FISCAL IMPACT:
N/A.
STAFF RECOMMENDATION:
The Department of Planning and Development recommends approval of the Ordinance as presented.
TOWN COUNCIL ACTIONS/OPTIONS:
1) Motion to approve
2) Motion to amend with the following stipulations (please state stipulations in motion)
3) Motion to table
4) Motion to deny
ATTACHMENT:
Ordinance 1009