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Res 213-84 11/6/1984RESOLUTION NO. A RESOLUTION ADOPTING THE LAND USE PLAN AS AN ELEMENT OF THE COMPREHENSIVE PLAN WHEREAS, the City of Wichita Falls has a responsibility to plan for the orderly growth and development of the community; and, WHEREAS, the Planning Board has studied the major land use issues affecting the city and has prepared a Land Use Plan; and, WHEREAS, the Planning Board has held a public hearing and recommended adoption of the Land Use Plan as an element of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Land Use Plan, an Element of the Comprehensive Plan, attached hereto as "Exhibit A" and "Exhibit B" is adopted as an element of the Comprehen- sive Plan for the City of Wichita Falls, Texas. 6°X-day Z-744)4-4-€4.2PASSEDANDAPPROVEDTHISTHEof 1984. A Y O R ATTEST: CITY CLERK LAND USE PLAN An Element of the Comprehensive Plan Draft Goals, Policies, and Implementation 2- Goals and Policies I. INTRUSION OBJECTIVE: Residential areas should be protected from intrusion by uses which diminish the quality of the neighborhood. POLICIES: 1. Residential areas should be protected from intrusion by commercial and industrial uses or conflicting types of housing. 2. The boundaries between residential and non-residential areas should be designed to minimize the impacts of the more intensive use. When com- mercial or industrial establishments border residential neighborhoods, potential conflicts should be avoided by using fences, setbacks, driveway locations, limited building heights, and other design standards. 3. Some residential areas are undergoing a natural change from resi- dential to commercial use. City regulations should recognize the need for change, but should protect the remaining neighborhood from as many of the undesirable effects as possible. 4. Regulations should allow home occupations and other incidental uses which do not significantly reduce the quality of the neighborhood or adjoining properties. In most neighborhoods, prohibited home occupations would include those with significant customer traffic or parking, storage of hazardous materials, outdoor storage, late operating hours, major signs, or other potential nuisances. 5. Regulations should recognize the different characteristics in the City's existing neighborhoods. 6. Businesses high density residential uses should not generatenessesorgy traffic or parking on streets intended for residential use or otherwise diminish the quality of existing residential areas. 3- II. AESTHETICS OBJECTIVE: The City should enforce regulations to promote visually attractive and quiet neighborhoods. POLICIES: 1. In existing neighborhoods new structures or additions should con- form to existing setbacks. 2. In new residential areas developers should be given flexibility through the use of "Planned Unit Developments" or similar mechanisms to establish lot configurations and setbacks to achieve design objectives. 3. Outdoor storage of non-residential materials should be controlled in residential areas. 4. Maintenance requirements should control weeds and dilapidated structures. 5. In new subdivisions, parking and vehicle storage should be provided in an orderly manner. Parked vehicles should not excessively clutter street views, restrict traffic flow, or present safety problems. 6. The mixture of different housing types (conventional, mobile homes, zero lot line, etc.) should be compatible with existing development. III. FUNCTIONAL SUBDIVISION DESIGN OBJECTIVE: Residential areas should be designed to provide conven- ience and functional use of the neighborhood. POLICIES: 1. Subdivisions should be designed to provide efficient traffic flow. Access in and out of the residential areas should be easy and safe. There should be a logical system of local and collector streets. 2. Homes and driveways should be oriented toward local streets and away from collector streets and conflicting areas. 3. The design and construction of residential areas should include provisions for efficient delivery of public services, maintenance of infra- structure, and easy access for emergency vehicles. 4. High density development should provide basic services and facil- ities to residents including parking and useful recreation areas. 4- 6. Residential areas should be provided with full urban services con- structed to modern standards. 7. When subdivisions are constructed in hases eachP phase should have functional street, drainage, and utility systems. Major capital improve- ments such as bridges, large drainage canals, or off-site improvements should be programmed during various phases of the project; major improve- ments should not be delayed until the final part of the project if they are needed to serve earlier phases. IV. LOCATION AND SELECTION OF HOUSING OBJECTIVE: All residents and potential residents of the City should be able to find appropriate housing with a full range of needed services. POLICIES: 1. Residents should have a full range of choices with respect to location, cost, and type of housing. The City should pursue development and housing programs which expand the housing choices available to all residents. 2. New residential areas should not be located where there will be excessive exposure to hazards or nuisances from natural or man-made sources such as areas prone to flooding, areas near airports or heavy industrial sites. 3. All areas developed at urban level densities should be located within the city limits. This policy is intended to assure residents have basic services, and development complies with modern standards. 4. The City should avoid actions which will unnecessarily increase the cost of housing. NON-RESIDENTIAL LAND USE POLICIES V. FOSTER GROWTH AND DIVERSIFICATION OF THE LOCAL ECONOMY OBJECTIVE: Land use policies and regulations should promote growth and diversification of the local economy, and strengthen the City's position as a regional service center. POLICIES: 1. Commercial and industrial uses should be protected from conflicts with new residential areas and other potentially conflicting uses. 2. Different types of businesses have different land use needs. Suit- able land should be available for a wide variety of commercial and indus- trial purposes. There should be sites available for heavy industry, clean" industry, major commercial sites, professional offices, neigh- borhood commercial, incubator sites for new businesses, etc. 5- 3. The subdivision of large tracts for industrial and commercial uses should include provisions for development of the entire parcel. 4. Tax benefits and other financial incentives should be used judi- ciously in order to promote economic development and redevelopment. However, publicly financed incentives should be used only when there is assurance of a positive public payback. 5. Economic development activities should balance benefits between taxing jurisdictions. VI. QUALITY OF COMMERCIAL AND INDUSTRIAL DEVELOPMENT OBJECTIVE: The City should encourage high standards in the develop- ment of commercial, industrial, and public projects because they affect the long term interests of businesses in surrounding areas and the entire local economic community. POLICIES: 1. Businesses should be encouraged to use site designs which have mutual benefits with other businesses in the area. These designs include such features as shared parking and access, easy pedestrian and vehicular movement between businesses, and coordinated design standards. 2. Efficient traffic flow within and between commercial areas should be encouraged. 3. Non-residential areas should conform to aesthetic standards appro- priate for the nature of the commercial area (for example, signs should be more conservative in an area of professional offices than in high volume commercial areas). Outdoor storage and parking facilities should be regulated in accordance with the nature of the commercial or industrial area. SPECIAL LAND USE TOPICS VII. COST/BENEFIT RATIO OF LAND USE PROGRAM OBJECTIVE: The cost/benefit ratio of land use actions should be considered with respect to the general public, developers, future occu- pants and property owners, and affected units of government. VIII. LANDMARK PRESERVATION OBJECTIVE: Neighborhoods or structures with special historical or landmark significance should be protected by landmark designation. IX. ECONOMIC REDEVELOPMENT/NEIGHBORHOOD REVITALIZATION OBJECTIVE: The City should actively pursue land use policies and actions which encourage redevelopment of economically depressed areas and benefit low and moderate income residents. In particular, redevelopment of the downtown area is important to the continued economic vitality of the entire community. INTRODUCTION The Land Use Plan contains goals and policies for guiding the growth and development of Wichita Falls as it moves toward the 21st century. The plan provides a framework for making land use decisions which affect the commu- nity. The plan is not an ordinance, although it should be used as a guide whenever land use ordinances are prepared, revised, or interpreted. The Land Use Plan has been prepared because there is a growing concensus that the existing system of land use controls is not meeting the community's needs. Residential areas are not adequately protected from commercialism, even though many residents place a high value on the quality of the local lifestyle. There is also a growing awareness that the City's lack of com- prehensive zoning or other effective land use control may be hindering rather than helping efforts to attract industry and broaden the community's economic base. Several principles have guided preparation of the Land Use Plan: The plan must be appropriate for the city. If the plan is to be of any value it must reflect the values and goals of the community. For Wichita Falls the plan should reflect progressive attitudes and a respect for per- sonal freedoms. The plan must have a vision toward the future. Although no one can predict all forces which will affect the city in the future, it is possi- ble to anticipate many opportunities and potential problems. We know that land use decisions made today will become lasting features of the city. The plan must consider both existing and new development. In the year 2000, at least 80% of the City's residents will be living in neighborhoods established before 1984. Many of the city's land use decisions will affect existing neighborhoods and must be considered in the land use plan. It is also important to consider areas which are currently undeveloped because they represent the community's potential for growth. The free market effectively determines the mix and general location of land uses. The marketplace usually does a good job of land use planning at the community-wide scale, although imperfection in the land market system sometimes creates problems at the neighborhood level. The strengths and weaknesses of the market system should be considered in the City's land use program. THE LAND USE MAP The Land Use Map on the front of this document illustrates dominant land use patterns and trends expected over the next five to ten year period. There are many large vacant parcels of land in the city. In keeping with the desire to allow the free market to control the mix and general location of new development, a general use is shown for most privately owned large parcels of vacant land. When these large parcels are proposed for develop- ment, the City should use the goals and policies stated in this document as a general guide during the review process. 6- X. ANNEXATION OBJECTIVE: The infill of vacant land within the existing city limits is preferable to the annexation of additional vacant land. When annexa- tion is necessary, it should occur in areas which are in the logical path of growth and can be economically provided with urban services. Develop- ment outside the city limits should not be permitted except in areas which can be annexed in accordance with the above principles. 7- Implementation The land use plan contains goals and policies for managed growth and devel- opment of Wichita Falls. As with all plans, implementation strategies must be developed in order for these plans to be realized. There are four methods which are commonly used to implement a land use plan: 1. control of municipal services, 2. ordinances regulating the use of land, 3. subdivision ordinances, 4. capital improvements programming, Each of the four methods is presently used in Wichita Falls. The following paragraphs briefly discuss these methods and recommend changes where the current methods are not achieving community goals. 1. CONTROL OF MUNICIPAL SERVICES The City currently exercises close control over the sale of water and other municipal services. Consequently, the City of Wichita Falls has been much more successful at controlling "urban sprawl" than many other com- munities. Existing controls should be continued. 2. ORDINANCES REGULATING THE USE OF LAND The City currently regulates the use of land through municipal enforcement of private deed restrictions and nuisance laws which regulate specific uses including mobile homes, adult entertainment facilities, salvage yards, and selected other uses which are considered objectionable. There are many problems with the existing system of regulations: The system is very cumbersome and complex. It is very difficult for an existing or prospective property owner to understand all of the regula- tions which apply to a given parcel of land. 1 The existing system of municipal enforcement of deed restrictions and nuisance law is not meeting community needs. There have been many appeals to the City Council of existing regulations during the last several years. The large number of appeals which have been granted suggests the regula- tions are not in line with community objectives. At the same time, there are many complaints from residents who feel their neighborhoods are not being protected adequately. Only a small part of the city is protected by deed restrictions. About two-thirds of the residential properties in the city do not have deed restrictions of any type. Of the remaining one-third, many are vague, inappropriate for modern conditions, or unenforceable due to legal defect or existing violations. In addition, land owners on the fringes of the subdivision and adjacent property owners have only limited protection, Deed restrictions are inflexible to changing conditions. Deed res- trictions usually reflect conditions and attitudes of the period in which they are written, and they are usually functionally impossible to change. 8- Deed restrictions are essentially private documents which are prepared by the developer for the benefit of the buyer. There is no public input into the document, and it is not intended to serve a public purpose. In many cases, public enforcement of the covenants is inappropriate or imprac- tical. The nuisance laws are incomplete. Only a few nuisances are covered by existing ordinances. Neighborhood residents and the City are unable to take any type of action against many uses which could degrade virtually any neighborhood in the city. It is difficult, and often impossible, to write good nuisance laws. Frequently, the regulations do not have the desired effect, or unexpected side effects occur when the regulations are applied to real world situa- tions. The existing regulations are inflexible and result in many inequities and unreasonable situations. Nuisance laws must apply to all parts of the city, regardless of the differences which exist between neighborhoods and commercial areas. It is difficult to design regulations which effectively control nuisances which may only be objectionable when located in certain areas. For example, mobile homes are very appropriate in some neighbor- hoods, but very objectionable in others. The City's existing nuisance laws are generally untested in court. This adds additional uncertainty for neighborhood residents, property owners, and the City. The adoption of a Comprehensive Zoning Ordinance is recommended as a more effective method of controlling the use of land to conform with community standards. A well written zoning ordinance would have the following benefits: The legal controls would be more understandable and easier to admin- ister. Municipal enforcement of deed restrictions as well as most of the existing nuisance laws could be incorporated into a zoning ordinance. The City's land use regulations would be placed on a firmer-legal and constitutional foundation, with a large body of case law to assist in resolving legal questions. The regulations would provide greater equity and would have more reasonable and predictable results. Zoning would be more comprehensive. All areas of the community would be protected, and most types of nuisances could be effectively controlled. The integrity of our neighborhoods and non-residential areas would be better protected. Zoning regulations allow the City to recognize the diversity in appropriate standards for various neighborhoods and non-residential areas. 9- 3. SUBDIVISION ORDINANCE The main purpose of a subdivision ordinance is to control the division of land and to insure that necessary services are installed, especially in newly developing areas. The Wichita Falls Subdivision Ordinance includes many provisions which would normally be found in a zoning ordinance. The current ordinance also attempts to control use of land, and it is applied to both the subdivision of raw land and redevelopment of existing neigh- borhoods. The existing ordinance applies to the aggregation of land into larger parcels as well as its subdivision into smaller parcels. The existing Subdivision Ordinance imposes several unnecessary burdens on the development process. To a large extent these burdens are necessary because the ordinance attempts to serve several different purposes, and because it must be applied uniformly city-wide. If a zoning ordinance is adopted, the Subdivision Ordinance should be completely revised. 4. CAPITAL IMPROVEMENTS PROGRAMMING A Capital Improvements Program (CIP) is a schedule of capital improvements over a period of five to ten years. The CIP is an important tool for implementing the land use plan because it controls the location and timing of streets, water, sewer, drainage, parks, and other items of importance to the development of land. The City of Wichita Falls should continue to strengthen its capital budget- ing process. Emphasis should be given to infrastructure necessary for infill of existing vacant land. In high priority growth areas the City should insure that new infrastructure will be adequately sized to serve all anticipated development in the area. Major capital improvements should be discouraged outside of the priority growth areas. Current policies and practices requiring developer participation financing should continue.