§ 35-420 — Comprehensive Planning Program

Sec. 35-420. - Comprehensive Planning Program.

STATEMENT OF PURPOSE The Comprehensive Planning Program is the city's coordinated approach and process for long-range planning. It provides the rationale and goals for the city's long-range development efforts. The Comprehensive Planning Program was updated through the adoption of the 2016 SA Tomorrow Comprehensive Plan. The new hierarchy of plan types and geographies are intended to provide a more coordinated, efficient, and effective structure for planning at various levels. Previously adopted neighborhood and community plans were developed with extensive input from local stakeholders within the individual plan geographies. These previous planning efforts, including future land use, remain an important aspect of the current and future planning programs throughout the city. Existing and future neighborhood-scaled planning will be integrated into the planning for regional centers and community planning areas. (a) Applicability. The provisions of this section govern the hierarchy and development of plans under the Comprehensive Planning Program. For purposes of this section, a "plan" shall mean and refer to any plan adopted pursuant to V.T.C.A. Local Government Code ch. 213, unless otherwise indicated. (1) Regional Plans. Regional Plans are developed in collaboration with partner agencies to guide regional and multi-jurisdictional services and/or infrastructure investments. Not all plans at the Regional Plan level of the Comprehensive Planning Program necessarily address a full regional geography, as many regional planning efforts coordinate interjurisdictional strategies, policies, and investments with neighboring cities and counties at a smaller geographic scale. This level includes topics such as perimeter plans, annexation strategy, Joint Land Use Plans, and similar regional scaled efforts. (2) Citywide Functional Plans. Citywide Functional Plans direct specialized components of city planning such as transportation, economic development, housing, natural resources, and sustainability. Examples include the SA Tomorrow Multimodal Transportation Plan, Major Thoroughfare Plan, SA Tomorrow Sustainability Plan, and similar plans. (3) Sub-Area Plans. Sub-area plans provide detailed strategies regarding land use, transportation, infrastructure, and facilities for specific geographies, such as regional centers, corridors, and neighborhood groupings, aligning them with higher level plans and policies. Sub-area plans integrate key elements of existing neighborhood and community plans while promoting citywide policy consistency and providing key recommendations and strategies for neighborhoods without a previously adopted plan. Goals, objectives, and future land use from adopted neighborhood and community plans shall be reviewed and serve as a foundational element, informing discussion and analysis throughout development of sub-area plans. Neighborhoods are integral sub-geographies of the sub-areas and will receive special attention through chapters or sections in each sub-area plan reflecting specific opportunities, challenges, recommendations, and priorities from each participating neighborhood. The planning director shall monitor and evaluate implementation of sub-area plans, and initiate plan updates as necessary. A. Regional Center Plans. Regional centers are the major activity and employment centers in San Antonio. The SA Tomorrow Comprehensive Plan identified thirteen (13) regional centers based on the following parameters: • One and one-half (1.5) to fifteen (15) square miles in size; • Currently have or are planned to have a total employment of at least fifteen thousand (15,000) jobs; • Contain significant economic assets and/or major employers; and • Major city-initiated redevelopment or specific project plans. B. Corridor Plans. Major transportation corridors are key areas to attract new jobs and households, specifically higher-density development. As VIA Metropolitan Transit and the City of San Antonio provide more frequent and high-capacity transit options, these corridors will increasingly connect employment centers to residential and recreation areas. Many of the city's major arterials will benefit from corridor plans, especially those with existing or planned high-frequency transit service. The study areas of a corridor plan should include area within one-quarter (¼) mile of the arterial, expanding to one-half (½) mile around high-frequency transit stops or stations. Prioritization criteria and major components of a Corridor Plan are described by Chapter 17 of the SA Tomorrow Comprehensive Plan. C. Community Plans. Community plan areas include all parts of the city not located within a regional center. These plans are intended to provide detailed strategies for land use, transportation, infrastructure, and community facilities and amenities. Community plans should generally cover areas including at least two (2) or three (3) large neighborhoods and as many as ten (10) or more smaller neighborhoods. Most will generally include five (5) to eight (8) neighborhoods and areas of five (5) or more square miles. (4) Specific Plans. Specific Plans address smaller scale geographies and are focused on implementation. Examples of these types of plans include Airport Plans, Station Area Plans, Area Reinvestment Plans and special-purpose places and facilities such as Hemisfair. (5) Neighborhood, Community, Perimeter, and Sector Plans Adopted Under Previous Planning Programs. Previous planning programs were adopted and/or updated by City Council in 1983, 1989, 1998, 2001, and 2009. Neighborhood, community, perimeter, and sector plans developed and adopted under the previous programs were adopted as components of the City's master plan, giving the plans the legal effect of the master plan unless and until such plans are repealed or superseded by an amendment or a new plan developed and adopted as a master plan component under the City's most recently adopted Comprehensive Planning Program. See 35-420(h) for consistency requirements related to rezoning requests. (b) Initiation of Sub-Area Plans. (1) Generally. The planning process shall be initiated by the director of planning and shall include other city departments and partner agencies. (2) Stakeholder Participation. The process of developing and 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. When a proposed sub-area plan includes geographies in a previously adopted neighborhood or community plan, the planning department shall invite previous planning team members as available, registered neighborhood associations, and registered community organizations with boundaries within the previous plan area to review, discuss, and provide input related to the following topics prior to related discussions with the sub-area planning team: • The goals and objectives of the neighborhood or community plan; • The current strengths, opportunities, and challenges of the neighborhood or community plan area; and • The future land use map and element within the neighborhood or community plan. Comments, concerns, and specific input gathered from these meetings shall be presented to the sub-area planning team to inform the development of the proposed sub-area plan. (3) Planning Team. The planning director shall appoint the members of the planning team. 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 according to the land use and development character of each planning area. (c) Reserved. (d) Decision on Sub-Area Plans. The department of planning 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 § 213.003 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 § 213.003. Following a briefing from the planning 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. Sub-area 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 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 for Sub-Area Plans. (1) Contents. All plans shall include elements addressing the following topics, at minimum: future land use, infrastructure and amenities, housing and economic development strategies, and mobility. The plan shall contain an existing conditions atlas and a future land use map. Pursuant to V.T.C.A. Local Government Code § 213.005 (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 and recommendations for each element. The plans shall be consistent with the comprehensive master plan. (2) General Criteria. Before adopting a sub-area 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 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: • Meetings were open to the public; • Planning teams were approved by the planning director; •Appropriate departments, boards, and commissions reviewed the plan; and •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 the definition of "Comprehensive land use category" 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, Sector, and Sub-Area 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, sector, or sub-area plans. The comprehensive master plan is the city's long-range approved plan. The neighborhood, community, perimeter, sector, and sub-area 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. 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. 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 planning pursuant to an annexation service plan or the director of development services 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, sector, or sub-area plan requires a new application and shall be processed as set forth in subsections (2) through (4) of this section. (g) Reserved. (h) Consistency Requirements. (1) Adoption as a component of the city's master plan gives neighborhood plans, community plans, perimeter plans, sector plans, and sub-area 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 and plans adopted pursuant to this section (all referenced herein by their title, date of adoption, and adopting resolution or ordinance), the recommended comprehensive rezoning of an area and the evaluation of rezoning requests for individual parcels shall be consistent with the most recently adopted plan. Where plan boundaries overlap, the most recently adopted plan's land use element and future land use map shall control. The provisions of this subsection shall apply only to neighborhood, community, perimeter, sector, and sub-area plans adopted by the city council as amendments to the city's master plan. A. Plans adopted pursuant to this section as master plan components and control for consistency determinations are: &bull Brooks Area Regional Center Plan (May 2, 2019, Ordinance # 2019-05-02-0363) &bull Midtown Area Regional Center Plan (June 6, 2019, Ordinance # 2019-06-06-0457) &bull Medical Center Area Regional Center Plan (October 3, 2019, Ordinance # 2019-10-03-0814) &bull UTSA Area Regional Center Plan (October 3, 2019, Ordinance # 2019-10-13-0815) &bull Downtown Area Regional Center Plan (December 5, 2019, Ordinance # 2019-12-05-0998) &bull Port San Antonio Area Regional Center Plan (December 2, 2021, Ordinance # 2021-12-02-0923) &bull Highway 151 and Loop 1604 Area Regional Center Plan (April 14, 2022, Ordinance # 2022-04-14-0275) B. Previously adopted master plan component plans that may control for consistency determinations until a sub-area plan is adopted pursuant to this section are: • Downtown Neighborhood Plan (May 13, 1999, Ordinance # 89770), Downtown East Neighborhood Plan Update (December 4, 2008, Ordinance # 2008-12-04-1126), and Downtown West Neighborhood Plan (January 15, 2009, Ordinance # 2009-01-15-0034) • South Central San Antonio Community Plan (August 19, 1999, Ordinance # 90309) and Update (November 10, 2005, Ordinance # 101664) • Camelot 1 Neighborhood Plan Update (September 23, 1999, Ordinance # 90553), Update (August 26, 2004, Ordinance # 99619), and Update (February 18, 2010, Ordinance # 2010-02-18-0158) • River Road Neighborhood Plan (August 17, 2000, Ordinance # 92344) and Update (March 23, 2006, Ordinance # 2006-03-23-0405) • Oakland Estates Neighborhood Plan (August 31, 2000, Ordinance # 92440) and Update (April 19, 2007, Ordinance # 2007-04-19-0460) • Midtown Neighborhoods Neighborhood Plan (October 12, 2000, Ordinance # 92700) • IH-10 East Corridor Perimeter Plan (February 22, 2001, Ordinance # 93493) and Update (March 20, 2008, Ordinance # 2008-03-20-0231) • Northeast Inner Loop Neighborhood Plan (March 22, 2001, Ordinance # 93626) and Update (August 7, 2008, Ordinance # 2008-08-07-0677) • Government Hill Neighborhood Plan (September 20, 2001, Ordinance # 94594), Update (October 16, 2008, Ordinance # 2008-10-16-0954), and Update (November 4, 2010, Ordinance # 2010-11-04-0970) • North Central Community Plan (February 14, 2002, Ordinance # 95324) • Near Northwest Community Plan (February 14, 2002, Ordinance # 95325) • Highlands Community Plan (April 4, 2002, Ordinance # 95578) • Huebner/Leon Creeks Community Plan (August 21, 2003, Ordinance # 98049) and Update (August 20, 2009, Ordinance # 2009-08-20-0665) • Arena District/Eastside Community Plan (December 4, 2003, Ordinance # 98562) • Nogalitos/South Zarzamora Community Plan (September 30, 2004, Ordinance # 99820) and Update (June 18, 2009, Ordinance # 2009-06-18-0537) • Greater Dellview Area Community Plan (September 29, 2005, Ordinance # 101499) • Kelly/South San PUEBLO Community Plan (February 15, 2007, Ordinance # 2007-02-15-0190), Update (June 18, 2009, Ordinance # 2009-06-18-0538) and Update (February 18, 2010, Ordinance # 2010-02-18-0153) • Guadalupe/Westside Community Plan (May 3, 2007, Ordinance # 2007-05-03-0508) • Stinson Airport Vicinity Land Use Plan (April 2, 2009, Ordinance # 2009-04-02-0252) • Eastern Triangle Community Plan (May 21, 2009, Ordinance # 2009-05-21-0436) • Ingram Hills Neighborhood Plan (May 21, 2009, Ordinance # 2009-05-21-0442) • Dignowity Hill Neighborhood Plan/Eastside Reinvestment Plan (December 3, 2009, Ordinance # 2009-12-03-0991) • San Antonio International Airport Vicinity Land Use Plan (May 20, 2010, Ordinance # 2010-05-20-0453) • North Sector Plan (August 5, 2010, Ordinance # 2010-08-05-0672) • Heritage South Sector Plan (September 16, 2010, Ordinance # 2010-09-16-0811) • West/Southwest Sector Plan (April 21, 2011, Ordinance # 2011-04-21-0331) • United Southwest Communities Plan Update (June 16, 2011, Ordinance # 2011-06-16-0526) • Northwest Community Plan Update (June 16, 2011, Ordinance # 2011-06-16-0528) • Lone Star Community Plan (March 21, 2013, Ordinance # 2013-03-21-0214) (2) Some previous plans were adopted as components of the city's master plan and have been partially superseded by the adoption of a more recent plan or update. The most recently adopted plan shall control over any conflict where plan boundaries overlap. The older plan remains in effect for elements not addressed in the more recent plan or update, and may be considered as a guide unless and until such plans are repealed or superseded by an amendment or a new plan adopted pursuant to this section. Previously adopted plans that no longer require consistency determinations for comprehensive rezoning or rezoning requests are: • Monte Vista Neighborhood Plan (July 7, 1988, Resolution # 88-29-35) • Meadow Village Neighborhood Plan (February 25, 1993, Resolution # 93-09-12) • Tanglewoodridge Neighborhood Plan (April 28, 1994, Resolution # 94-21-21) • Westfort Alliance Neighborhood Plan (September 25, 1997, Resolution # 97-40-34) • Five Points Neighborhood Plan (February 3, 2000, Ordinance # 91227) and Update (August 6, 2009, Ordinance # 2009-08-06-0621) • Lavaca Neighborhood Plan (September 27, 2001, Ordinance # 94640) • Mahncke Park Neighborhood Plan (September 27, 2001, Ordinance # 94641) • Westfort Alliance Neighborhood Plan (May 29, 2003, Ordinance # 97713) • HemisFair Park Area Master Plan (March 25, 2004, Ordinance # 99009) • Highlands Community Plan Update (December 6, 2007, Ordinance # 2007-12-06-1276) • South Central San Antonio Community Plan Update (December 6, 2007, Ordinance # 2007-12-06-1276) • Tobin Hill Neighborhood Plan (February 21, 2008, Ordinance # 2008-02-21-0146) • River North Master Plan (March 19, 2009, Ordinance # 2009-03-19-0224)

(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; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)