| PLANNING AND ZONING COMMISSION MEETING: 05/08/2024 Agenda Item 5 A |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | Emily Delgado, Planning Manager |
| SUBJECT: | PLUDC20240101- Hold a public hearing and make a recommendation on amendments to Part III of the Schertz Code of Ordinance, Unified Development Code (UDC) to Article 7- Nonconforming Uses, Lots and Structures to add Section 21.7.11- Agricultural Operations. |
BACKGROUND
In the Unified Development Code, Section 21.4.7 states that City Council may, from time to time, on its own motion, or at the request of the City Manager and his/her designee, amend, supplement, change or modify or repeal the text of any portion of this UDC in order to establish and maintain sound, stable and desirable development.
At the April 16, 2024 City Council Meeting, Resolution 24-R-41 and Resolution 24-R-42 were discussed by Council and passed. During the discussion of Resolution 24-R-41 and Resolution 24-R-42, City Council expressed concerns about nonconforming uses and protecting agricultural uses for properties proposed to be annexed. The proposed UDC amendment to Article 7 is intended to resolve these concerns by defining agricultural operations and ensuring that they can continue to operate if the properties are annexed into the City of Schertz.
Proposed Amendments
UDC Amendment: Article 7, Section 21.7.11: Nonconforming Uses, Lots, and Structures
Due to House Bill (HB) 1750, effective September 2023, the agricultural code was amended to remove provisions relating to the effect of a city's governmental requirements on an agricultural operation that was situated outside the city's corporate boundaries and that was later brought within the city's corporate boundaries. Additionally, HB 1750 defined agricultural operations and provided guidance and clarity to cities on generally accepted agricultural practices that do not pose a threat to public health. The definition of agricultural operations in the proposed UDC amendment comes from House Bill 1750.
The proposed UDC amendment to Article 7, would bring the City of Schertz in line with recent changes and definitions established in the Texas Agricultural Code.
At the April 16, 2024 City Council Meeting, Resolution 24-R-41 and Resolution 24-R-42 were discussed by Council and passed. During the discussion of Resolution 24-R-41 and Resolution 24-R-42, City Council expressed concerns about nonconforming uses and protecting agricultural uses for properties proposed to be annexed. The proposed UDC amendment to Article 7 is intended to resolve these concerns by defining agricultural operations and ensuring that they can continue to operate if the properties are annexed into the City of Schertz.
Proposed Amendments
UDC Amendment: Article 7, Section 21.7.11: Nonconforming Uses, Lots, and Structures
Due to House Bill (HB) 1750, effective September 2023, the agricultural code was amended to remove provisions relating to the effect of a city's governmental requirements on an agricultural operation that was situated outside the city's corporate boundaries and that was later brought within the city's corporate boundaries. Additionally, HB 1750 defined agricultural operations and provided guidance and clarity to cities on generally accepted agricultural practices that do not pose a threat to public health. The definition of agricultural operations in the proposed UDC amendment comes from House Bill 1750.
The proposed UDC amendment to Article 7, would bring the City of Schertz in line with recent changes and definitions established in the Texas Agricultural Code.
GOAL
To amend Part III of the Schertz Code of Ordinance, Unified Development Code (UDC) Article 7- Nonconforming Uses, Lots and Structures to add Section 21.7.11- Agricultural Operations.
COMMUNITY BENEFIT
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth.
SUMMARY OF RECOMMENDED ACTION
When evaluating Unified Development Code Amendments, Staff uses the criteria listed in Unified Development Code Section 21.4.7.D Criteria for Approval. The criteria are listed below.
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;
By defining agricultural operations in Article 7, the City is able to establish a clear procedure moving forward on how agricultural operations can continue operations as a nonconforming use. Additionally, staff used the definition of agricultural operations from House Bill Number 1750 that strengthened agricultural operations.
2. An amendment to the text is consistent with other policies of the UDC and the City;
The amendments to Article 7 are meant to protect and preserve existing agricultural operations that have become nonconforming to ensure that the City does not impose governmental requirements that prohibit agricultural practice per state law.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
The UDC and its amendments should protect, promote, improve and provide for the public health, safety and general welfare of its citizens while also ensuring the safe, orderly, and efficient development and expansion of the City. The proposed amendments to Article 7 allow agricultural operations to continue on nonconforming properties within the City of Schertz.
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.
Staff has ensured that the UDC requirements have been met for the proposed Unified Development Code Amendment, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council.
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;
By defining agricultural operations in Article 7, the City is able to establish a clear procedure moving forward on how agricultural operations can continue operations as a nonconforming use. Additionally, staff used the definition of agricultural operations from House Bill Number 1750 that strengthened agricultural operations.
2. An amendment to the text is consistent with other policies of the UDC and the City;
The amendments to Article 7 are meant to protect and preserve existing agricultural operations that have become nonconforming to ensure that the City does not impose governmental requirements that prohibit agricultural practice per state law.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
The UDC and its amendments should protect, promote, improve and provide for the public health, safety and general welfare of its citizens while also ensuring the safe, orderly, and efficient development and expansion of the City. The proposed amendments to Article 7 allow agricultural operations to continue on nonconforming properties within the City of Schertz.
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.
Staff has ensured that the UDC requirements have been met for the proposed Unified Development Code Amendment, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council.
RECOMMENDATION
Staff recommends approval of PLUDC20240101 amending Part III of the Schertz Code of Ordinance, Unified Development Code (UDC) Article 7- Nonconforming Uses, Lots and Structures to add Section 21.7.11- Agricultural Operations.