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PLANNING AND ZONING COMMISSION MEETING:  09/13/2023
Agenda Item 5 D
 
TO: Planning and Zoning Commission
PREPARED BY:
CASE: PLUDC20230214
SUBJECT: PLUDC20230214 - Hold a public hearing, workshop and discussion and possible action to make a recommendation on amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 4, Section 21.4.12 Variances and Article 9, Section 21.9.7 Landscaping and Section 21.9.9 Tree Mitigation.

GENERAL INFORMATION:

As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City staff amend, change, or modify text in any portion of the UDC to establish and maintain stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals, and/or State and Federal regulations.

PROPOSED AMENDMENTS

Background:
Staff is proposing to make the city's Unified Development Code align more closely with the State of Texas Local Government Code (LGC). PLUDC20230214 will accomplish this by amendments to Article 4 - Variances, and two sections of Article 9. The Article 9 amendments are proposed in relation to tree caliper planting requirements.

Proposed Amendments:
The Variance section in Article 4 needs added language for clarification. Specifically, section 21.4.12.1.A states the following: 
"A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district."

The Local Government Code in regards to the "economic gain or loss" criteria is slightly more nuanced than our UDC, and may be considered when granting variances. Fortunately, the Board of Adjustment has not denied nor has staff recommended denial for any variance within this regard. Staff is just being proactive.

In the Variance section, staff is proposing to simply add verbatim language from the Local Government Code Section 211.009 (b-1) to the end of Section 21.4.12. That language is listed below.

In considering a variance as applied to a structure, the board may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance:
  1. a. The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; 
  2. b. Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;
  3. c. Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;
  4. d. Compliance would result in the unreasonable encroachment on an adjacent property or easement; or
  5. The municipality considers the structure to be a nonconforming structure

Staff is proposing to lower Schertz's UDC planting requirement to two inches (2") to match the LGC minimum with relation to tree mitigation. This requires amendments in UDC Section 21.9.9 - Tree Mitigation. In LGC Section 212.905, the State has a minimum tree planting requirement of 2" inches. All trees planted above this requirement are eligible for mitigation credits. While the City of Schertz's current minimum of 2.5" inches is technically still permitted, the UDC has effectively built-in a credit process that may add complexity and confusion to the process. 

Staff is also proposing to make the UDC more consistent and have the minimum planting requirements also lowered in UDC Section 21.9.7 - Landscaping. The City of Schertz is permitted to have the current minimum of 2.5" inches however, in order to avoid confusion staff is recommending to lower the tree planting minimum in this section as well to make all plating requirements match in the UDC and ne more in line with the LGC.

Also, Staff is proposing to include clarifying language that such tree calipers are measured at 4.5 feet above the ground, an industry term known as Diameter at Breast Height (DBH). Currently, the UDC has language that states 4-foot requirements and 4.5-foot requirements. These proposed amendments will make the UDC more consistent and just use the industry standard of 4.5 feet DBH.

STAFF ANALYSIS AND RECOMMENDATION:

The proposed amendments would bring the Schertz UDC in compliance with the State law, it has been reviewed by our legal team with no objection.

Therefore, Staff recommends approval of the amendments to the Unified Development Code (UDC) as proposed and discussed.

COMMISSIONERS CRITERIA FOR CONSIDERATION:

The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7.D:
  1. The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;
  2. An amendment to the text is consistent with other policies of this UDC and the City;
  3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
  4. Other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.  

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