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Ord 093-98 11/3/1998ORDINANCE NO. ORDINANCE ADOPTING THE LAND USE PLAN AS AN ELEMENT OF THE COMPREHENSIVE PLAN; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls has a responsibility to plan for the orderly growth and development of the community; and, WHEREAS, a Land Use Plan has been developed which considers existing land uses, transportation facilities, and other natural and man-made opportunities and constraints; and, WHEREAS, eight public meetings and two workshops have been conducted to give all citizens the opportunity to participate in the development of the Land Use Plan; and, WHEREAS, the Planning and Zoning Commission has held a public hearing and recommended adoption of the Land Use Plan as an element of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Land Use Plan, an element of the Comprehensive Plan, attached hereto as "Attachment A" and "Attachment B" is adopted as an element of the Comprehensive Plan for the City of Wichita Falls, Texas. SECTION 2. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 3rd day of Nov ber, 1998. MAYO ATTEST: / City Clerk SEE PERMANENT ORDINANCE NO. 93-98 IN VOLUME 32 FOR ATTACHMENT A ATTACHMENT B LAND USE PLAN Purpose A land use plan is intended to provide guidance for decision-making. The land use plan should therefore be dynamic in that it must adjust to changing situations within the municipality. Such changes may be a result of market adjustment, geographic constraints or opportunities, age and condition of infrastructure, or changing internal and external policies. The Land Use Plan is to be used to address land use compatibility; guide the delivery of municipal services; and provide a base for determining future capital improvements. Land Use Compatibility Land use compatibility decisions should relate to the impacts of a land use upon adjacent or neighboring land uses or the natural environment. Many times this compatibility is found in an empirical examination of the effects generated by a particular land use, or a historical examination of similar or like uses, which should also consider technical advances to address compatibility. Elements considered in such an evaluation include: • Appropriateness of a land use compared against adjacent or neighboring land uses; • Environmental effects generated by a land use or a combination of neighboring land uses such as noise, lights, odors, dust or other airborne particulates, or increased water runoff; • Secondary effects such as size of the building, required transportation modes, traffic generation, transportation system capacity, employment/housing travel distances; • Threats, real or perceived, to neighboring or adjacent land uses of less intensity which may affect future market trends in the area; and • Social issues related to crime or neighborhood deterioration issues. Delivery of Municipal Services The delivery of municipal services is typically evaluated by considering existing service levels as they relate to existing and future needs. In considering service levels, a distinction is made between what now exists and what is determined to be acceptable based on established policy criteria. Municipal services can be divided into two basic categories.- 1. ategories: 1. What may or may not be needed at some point in time, which could include libraries, museums, parks; and 2. Those services which are established in the interest of public safety to include police and fire protection coverage and emergency medical response. Capital Improvements A land use plan should guide the placement of capital improvements. For the purpose of a land use plan, capital expenditures generally relate to future infrastructure needs, but may also be determined by the ability of existing infrastructure to meet projected needs. For determining capital improvements, three categories are examined: 1. Utilities such as water and wastewater, privately -owned public facilities which include electricity, gas, and communications; 2. Transportation to include existing functional capacities and future needs, and also how the transportation network within the City may be influenced by regional needs; and 3. Spatial dispersion and allocated function of public safety facilities. Such consideration is given to time and distance studies to determine that police and fire response is within established parameters. Also included is the determination of equipment type as related to possible needs based on the potential land uses within the service response areas. Use of the Plan The Plan shall be consulted for proposed changes in land use and the use of undeveloped land. Should a use be proposed which is contrary to the Plan, the City Council, acting on recommendation from the Planning and Zoning Commission, shall consider amending the Plan in the same manner as its adoption. Approval to the amendment of the Plan shall occur prior to or in conjunction with any action by the City Council or Planning and Zoning Commission. Development of the Plan The production of a land use plan is a result of merging the empirical evidence with the communities desires for the future. This process is an evaluation of the City's ability to provide municipal services, which relates directly to the adequacy of existing systems. For a nine month period staff made a "windshield survey" of every land use in the City, and color -coded each use based on a pre -determined classification system. The City was divided into eight geographic areas. These areas were determined by man-made or natural boundaries such as highways, creeks and rivers. Where no such boundaries existed, a technique was applied to identify other logical planning boundaries — with the goal of creating manageable areas which shared common interest. Once the areas were decided, the Wichita Falls Independent School District made available school facilities in each of the areas in order to hold public meetings. A steering committee was formed to be represented by citizens from various interest groups, such as developers, educators, retailers, Realtors, architects, engineers, bankers, Planning and Zoning Commission and citizens in general. Members of the steering committee were asked to attend each of the eight meetings held in the area under consideration. Each of the meetings were held in the evening, on either a Tuesday or Thursday to enjoy maximum opportunity for not only the committee, but from residents and other property owners in the area being discussed. During each meeting, the colored maps representing the various land use classifications for existing land uses was presented, resulting from the above mentioned windshield survey. Prior to the meetings, a proposed land use map was developed by staff to provide the most logical assumptions as to possibilities, and also what maybe should happen. The proposed land use map was presented as an overlay to the existing land use map, as was a map showing the flood plain which could represent a constraint. This process allowed the area being discussed to be evaluated by those present as to the relationships between uses, but also to identify constraints and opportunities. In general, the discussion focused on what has occurred and what should occur in their "corner of the world." Land use classifications were created using recognized standards modified to reflect the needs of the City. These classifications reflect land use categories generally as follows.. Low -Density Residential Using historical densities for such use(s), these residential uses represent single-family and duplex -type dwellings, townhouse or attached single-family dwellings. With sufficient over -sight, manufactured housing subdivisions and in -fill development could be included under this definition. A determinant of the applicability of the use is the availability of sufficient infrastructure to serve the use and the relationship of public facilities in relation to the density. Public facilities would include fire station locations, schools, parks and similar uses. Within an area reflecting this classification there is recognized the applicability for support services to serve neighboring residential land uses to include retail convenience and shopping uses, and the ability to support these additional possibilities. Hiqh-Densitv residential This use is generally recognized by apartment -type dwellings, or other high density residential uses such as assisted living centers and nursing homes. Due to the potentially high traffic generation during morning and evening peak hours, this use will require close access to arterial streets for local circulation, and highways for cross-town access to employment and shopping. These land uses may also require considerations for fire protection and the need for specialized equipment. Also under consideration is the high potential for retail support services. Manufactured Housing / Mobile Home Parks This use recognizes the transient nature of residential dwelling units as opposed to the residents themselves, and is therefore considered commercial in nature and function. This use may serve a legitimate public purpose by providing affordable housing opportunities for owning/renting housing where a traditional single-family dwelling may be outside of the income potential of the user. Being commercial in nature, this land use is subject to regulations not applicable to traditional single-family subdivisions which are designed to recognize the need for such housing, but also recognizes that future high public cost may result from a lack of permanent association between the land and the land use. This land use may be appropriate as a buffer between high-density residential and heavier commercial -type uses, with sufficient buffering or screening from residential land uses, public streets, office and retail uses. This use should not locate where visible from major highways unless sufficient buffering is associated to prevent viewing the park from these transportation nodes. Light Commercial This land use is characterized by its low traffic generation, low utility demand, small building footprint, small lot area, and is generally compatible to surrounding land uses, or the most restrictive of adjacent or neighboring land uses. The distinguishing nature of these land uses are their unobtrusive function and design when locating adjacent to a residential land use. Light commercial uses may include personal services such as barber and beauty shops and related uses; business services such as tax, insurance, real estate, legal and general office; specialized retail such as antique shops, small restaurants and similar such uses. These land uses are intended as buffers between low-density residential and high- density residential and more intense commercial uses. These uses would not require outdoor storage or display to support their operation, and should not require signage advertisement except to identify the premises or use. In addition, these land uses will not emit any noticeable odor nor require any after hours external lighting except as required for normal security use and not affecting adjacent residential land uses. These uses should not have requirements for specialized fire fighting protection which would be extraordinary from the sampling of uses included herein, nor should infrastructure demands be significantly different from these uses. The aesthetics of the development should be aimed at improvements to neighboring land uses in facility design and landscaping. Commercial This category of commercial -type land uses would include such uses as larger offices, general retail, general business services, restaurants, hotels and motels and similar such uses. When locating adjacent to a residential land use these land uses may need additional oversight to ensure compatibility, available capacity of the infrastructure or other such issues that may exist. Depending on the nature and function of a proposed land use under this category, these land uses will generally be required to be located along arterial or highway - classed roads. These land uses generally form appropriate buffers between light commercial and more intense commercial land uses. Light Industrial These land uses generally include those associated by continued use by large trucks as part of their operation, large site or building footprint, outdoor storage or uses which would not be appropriate adjacent to any residential or light commercial land use. Depending on the nature of the use, additional oversight shall be required to ensure compatibility between the proposal and adjacent or neighboring land uses. These land uses shall locate along arterial or higher -classed streets. This use may also require additional screening along public right-of-ways. Industrial These land uses include those associated with manufacturing, which may include manufacturing from raw materials, assembly or other process associated with a finished or component part, which may rely upon large truck or rail for distribution or receipt, and is generally classified as a Basic Service by the Standard Industrial Classification Code. Institutional This classification generally includes those publicly -owned land uses associated with providing a service or opportunity to the general population. Examples include government offices, libraries, fire stations, schools, colleges, universities, and courthouses. In addition, appropriate land uses under this category other than publicly - owned facilities would include hospitals, large medical clinics and religious assembly such as synagogues, churches, mosques, temples, and similar such uses. Parks and Open Space These uses may include government or privately owned parks, large undeveloped or unimproved land used for agricultural, undeveloped flood plain or floodway, cemeteries, recreational facilities, trails, lakes, or similar such uses. In general this use would be identified as providing a service on a horizontal plane rather than a vertical plane associated with a structure. Downtown Uses allowed within this classification should include all uses allowed under the residential and commercial categories. Development in this category consists of a mix of offices, housing, and retail uses in buildings with multiple levels built adjacent to the street and sidewalk with no setback. Uses identified as applicable under "Light Industrial" or "Industrial" categories should be evaluated on a case-by-case basis, and a determination made based on compatibility with adjacent land uses, availability of sufficient infrastructure, existing redevelopment programs, and other issues which would affect the health and welfare of existing businesses or public programs associated with development or redevelopment of the area. Plan Amendments A Land Use Plan shall be amendable through a process which evaluates a proposal against its effects upon adjacent or neighboring land uses. The Planning and Zoning Commission shall be responsible for such determination, and the Plan amended through action by the City Council so as to ensure continued participation in land use decisions by the general public.