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.

When evaluating Comprehensive Plan Amendments, Unified Development Code Amendments, Specific Use Permits, or Zone Changes, staff uses a set of criteria, specific to each application, to base their analysis and recommendation on. Staff researched neighboring municipalities as well as other cities throughout the state on what their similar criteria stated. After this research, Staff determined that our own criteria are in need of revision to become more clear and easy to understand, to match city practices, and to reflect the particular challenges of today.

The first section that staff is proposing to amend is UDC section 21.4.6.D, which is the criteria for approval for amending the Comprehensive Plan. Criteria number one includes text that says "health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development". Staff feels as though this is redundant and is proposing to remove "safe, orderly, efficient and healthful development". Leaving "health, safety, or general welfare" matches language from the Local Government Code and is consistent with the rest of the UDC. Staff is proposing to combine current criteria #2 and #4 to be more concise while also removing the "taking into account..." text as this is redundant and an implicit analysis for Staff and decision makers. Finally, the last criterion was modified to provide not just our decision makers, but also staff space to consider other "factors".
 

Comprehensive Plan Amendments Criteria For Approval 21.4.6.D
Current Text		Proposed Text
The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; An amendment to the text is consistent with other policies of the Comprehensive Land Plan, taking into account the nature of any proposed map amendment associated with the text amendment; An amendment to the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land Plan is consistent with the policies of the Comprehensive Land Plan that apply to the map being amended, taking into account the nature of any proposed land use associated with the map amendment; Any proposed amendment is consistent with the goals and objectives of the Comprehensive Land Plan; Any proposed amendment addresses circumstances that have changed since the last time the plan map or text was considered, implements plan policies better than the current plan map or text corrects a mapping error or addresses a deficiency in the plan; and Other criteria which, at the discretion of the Planning and Zoning Commission and City Council, are deemed relevant and important in the consideration of the amendment.		The proposed amendment promotes the health, safety, or general welfare of the City; An amendment to the text is consistent with the goals, objectives, and other policies of the Comprehensive Land Plan; An amendment to the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land Plan is consistent with the policies of the Comprehensive Land Plan that apply to the map being amended; Any proposed amendment addresses circumstances that have changed since the last time the plan map or text was considered, implements plan policies better than the current plan map or text corrects a mapping error or addresses a deficiency in the plan; and Other factors which, are deemed relevant and important in the consideration of the amendment.

The second section that staff is proposing to amend is UDC section 21.4.7.D, which is the criteria for approval for amending the Unified Development Code text. Criteria number one includes text that says "health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development". Staff feels as though this is redundant and is proposing to remove "safe, orderly, efficient and healthful development". Leaving "health, safety, or general welfare" matches language from the Local Government Code and is consistent with the rest of the UDC. Staff is proposing to combine current criteria #2 and #3, and adding new text stating "The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law". Staff proposes that this new item is needed as Schertz is rapidly developing, and state law is frequently changing. Also, the UDC is an extensive document that has been constantly evolving for many years, so certain errors can occur. Finally, the last criterion was modified to provide not just our decision makers, but also staff space to consider other "factors".
 

UDC Criteria For Approval 21.4.7.D
Current Text		Proposed Text
The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City An amendment to the text is consistent with other policies of this UDC and the City Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and 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.		The proposed amendment promotes the health, safety, and general welfare of the City; The proposed amendment is consistent with the goals, objectives, and policies of this UDC and the City; The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law; and Other factors which are deemed relevant and important in the consideration of the amendment.

The next section staff is proposing to modify is UDC 21.5.4. This is the section for zone changes. The first change that staff is proposing to change is by removing "or zoning map amendment" from the section. This is redundant and when zoning changes occur, as a zoning map amendment will always follow a zone change. This is most likely a hold-over from an earlier time when zone changes and zoning map amendments could occur at different times. Now with better technology, the zoning map is updated almost as soon as the zoning ordinance is approved. The next changes focus specifically on 21.5.4.D, Criteria for Approval. Similar to the UDC criteria changes, staff is proposing to eliminate language that is redundant. Staff is also proposing to eliminate current criteria #4 through #7. These criteria do not match current practice or are hold-overs from previous city charters. For example, in the 2012-2013 City Charter, Section 6.07 had extensive language about the duties of the Tax-Assessor Collector, when taxes should be collected, and when taxes could be assessed. This section was removed in the adopted 2015 City Charter. The "back taxes owed" criterion is most likely a remnant of this City Charter.
 

Zone Change Criteria For Approval 21.5.4.D
Current Text		Proposed Text
Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; Whether there have been environmental and/or economical changes which warrant the requested change; Whether there is an error in the original zoning of the property for which a change is requested; Whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and Whether other criteria are met, 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.		Whether the proposed zoning change implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans; Whether the proposed zoning change promotes the health, safety, and general welfare of the City. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area: Whether other factors are deemed relevant and important in the consideration of the amendment.

The last section Staff is proposing to change is UDC Section 21.5.11.D. This section pertains to Specific Use Permits. Proposed changes in language are consistent with the other two sections in these proposed amendments. Additionally, on March 14, 2023, City Council approved Ordinance 23-S-07. This ordinance amended portions of the UDC that required more stringent application requirements for Specific Use Permits, such as a detailed site plan. As a result, criteria #3 through #7 do not match the changes in current city practice that Ordinance 23-S-07 initiated. Finally, current criteria #8 was reworded to better convey the purpose of a discretionary Specific Use Permit. That is, developments "with unique or widely varying operating characteristics" necessitate more evaluation to ensure adverse impacts on the surrounding area will not occur.
 

Specific Use Permit Criteria For Approval 21.5.11.D
Current Text		Proposed Text
The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan; The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties; The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood; The proposed [use] promotes the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City; No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full; and Other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Permit.		The proposed use at the specified location is consistent with the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods. The proposed use will not adversely affect the overall health, safety or general welfare of the City; Whether other factors are deemed relevant and important in the consideration of the Specific Use Permit.

To amend the Unified Development Code in order to match city practices and better convey the intent of the UDC by providing clearer language.

It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth.

When evaluating Unified Development Code amendments, staff uses the criteria in UDC section 21.4.7.D. to make a recommendation:

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;
In order to promote orderly and efficient development, the UDC functions better when it matches current city practices. Also, it is better for the residents of Schertz, applicants, and Staff when there is continuity and clarity throughout the UDC. For these reasons, streamlining our criteria for approval will assist with the orderly and efficient development of the City.

2. An amendment to the text is consistent with other policies of this UDC and the City;
As mentioned in the background, many of these proposed amendments are reflective of changes in the City Charter, adopted ordinances, and updated city practices. For this reason, these amendments are consistent with the policies of the UDC and the City.

3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
The City of Schertz Strategic Plan has clear stated goals for the Operational Values of the city. Among these is the goal to be proactive; "Proactive means initiating change by anticipating future situations in order to make things happen". Within this framework, it is the responsibility of staff to be "continuously improving and evolving", "forward-thinking", and have "the ability to forecast and meet needs even before the customer identifies them". These amendments would achieve these goals in the Strategic Plan.

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.
As of this staff report, Staff has received no special considerations. However, the scheduled public hearing provides the opportunity for the City Council to determine this.  

Therefore, Staff is recommending approval of Ordinance 24-S-155

The Planning and Zoning Commission held a public hearing on September 4, 2024, and made a recommendation of approval with a 6-0 vote.

Approval of Ordinance 24-S-155.