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Thread: Extending the ETJ/rezoning

  1. #1
    Cyburbian CDT's avatar
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    Extending the ETJ/rezoning

    Sometimes I feel like our City Attorney (who's not a land use attorney and is not a city staff member but contracted through the city) is in the twilight zone.

    Have you ever heard of rezoning areas that newly fall within the ETJ without a public hearing process???? How do you do it in your neck of the woods?

  2. #2
    Cyburbian Jeff's avatar
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    ETJ??

    Rezoning should NEVER be done without public hearings.

  3. #3
    Cyburbian
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    Every state is a bit different I'm sure, but you should have a zoning plan for land in your ETJ. Typically it is shown the comprehensive land-use plan. In states I have worked only 1 has ETJ statutes. In that case it was required that the City contact those in the ETJ expansion areas. The case must go through P&Z for a recommendation and then on to Council for potential adoption. I'd definately put some type of land-use plan in the ETJ. That way you can start planning for what you expect/or want in the area in regards to infrastructure, etc. of new developments. Road widths, water/sewer, sidewalks, yada yada. In the state I work in the City has that jurisdiction that is also shared with the County.

    I'd be weary if an Attorney said public meetings aren't required. I worked with an Attorney with no land-use experience and man was it frustrating to listen to him ramble to address questions. Then I worked in a smaller town where the Attorney had a wide array of experience and very experienced with land use. Made my job that much easier!!! I feel your pain!

  4. #4
    Cyburbian
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    Oh Jeff, it stands for Extra Territorial Jurisdiction... Or as a P&Z Vice Chair once said in a meeting the Exta Terrestrial Jurisdiction, LOL. I did crack a smirk trying not to laugh. I did feel bad for her, but we all slip up now and then. For areas surrounding the City. Where I have worked it typically gives the City the ability to annex the land under certain requirements. It also gives the City some very limited controls of development. Such as using City standards for streets, sidewalks, yada, yada...

  5. #5
    Cyburbian biscuit's avatar
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    I don't know how it is in your state but here you can't as much make a grammar correction to the municipal code without having a public hearing. Seems to me that if anyone were to appeal and challenge those zone changes in court that you guys would certainly lose.

  6. #6
    Cyburbian CDT's avatar
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    We have a land use plan and even our Zoning Ordinance specifies how to extend the ETJ and that the PC/CC must hold public hearings and use the Comp. Plan to determine appropriate zoning. But for some reason the people here are trying to get around having a public hearing. It goes against everything I know about zoning and giving people an opportunity to comment on their land rights. It's so crazy to me. I need to do a little more research in our state statutes, but I am fairly certain that a public hearing is required. But I started a year ago in a smaller town and they don't always care about what's legal or fair. It gets under my skin sometimes. So I was just wondering what other state statutes said and whether or not we're in the minority that require a public hearing. Just insane I tell you . I can't stop shaking my head. If I hadn't pointed it out to anyone they probably would have gone ahead and just ordered the map preparer to change the maps?! I can't believe it!

  7. #7
    Cyburbian CDT's avatar
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    Quote Originally posted by biscuit
    I don't know how it is in your state but here you can't as much make a grammar correction to the municipal code without having a public hearing. Seems to me that if anyone were to appeal and challenge those zone changes in court that you guys would certainly lose.
    That is part of the problem here, they are hardly ever challeneged! I keep hoping, secretly (rubbing my hands together sinisterly)

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