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PLANNING AND ZONING COMMISSION MEETING:  02/04/2026
Agenda Item 5 D
 
TO: Planning and Zoning Commission
PREPARED BY: Daisy Marquez, Senior Planner
SUBJECT: PLUDC20260016 - Conduct a public hearing, workshop, discussion, and possible action to make a recommendation on amendments to Part III of the Schertz Code of Ordinance, Unified Development Code (UDC), to Article 4 Section 21.4.3- Notice Requirements.

BACKGROUND

Per Unified Development Code (UDC) Section 21.4.7, City Council may, from time to time, on its own motion, or at the request of the City Manager or his/her designee, may change or modify the UDC in order to establish and maintain sound, stable, and desirable development. The proposed UDC amendments, which were initiated by the Planning Division Staff, are meant to maintain compliance with the Texas Local Government Code. The 89th Legislative session resulted in House Bill 24, which updated the notice requirements and provided specific sign dimensions. House Bill 24 went into effect September 1, 2025.

The proposed UDC amendments include modifications to Article 4, Section 21.4.3 - Notice Requirements to include the required dimensions of public hearing notice signs and updated sign posting deadlines.

Proposed Amendments:
Staff is proposing modifications to the following UDC Article 4, Section 21.4.3 subsections:
Article UDC Section Current UDC Proposed Amendments
4 Section 21.4.3; specifically 21.4.3.C C. Posted Notice. Whenever posted notice of a public hearing is required, notification signs shall be posted by the applicant a minimum of eleven (11) days prior to the scheduled public hearing and shall remain posted during the course of the public hearings, until such time that final action has been taken on the permit application. Signs shall be posted on the subject property and/or along public right-of-way in a format approved by the City Manager or his/her designee. The number of signs, size of signs and content to be placed on the signs shall be in accordance with the Development Manual. Posting Date Requirement
  • Amend posting date to "not later than the 10th day before the scheduled public hearing."
Sign Dimensions
  • Add 21.4.3.C.1. "The notice sign must be at least 24 inches long by 48 inches wide."

GOAL

Unified Development Code (UDC) amendments to align with the Texas Local Government Code requirements as per House Bill 24.

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 considering UDC amendments, staff consider the criteria listed in UDC Section 21.4.7.D. The criteria are listed below:

1. The proposed amendment promotes the health, safety, and general welfare of the City;
Staff proposes UDC amendments from time to time to proactively improve the Unified Development Code that governs development within the City and to remain current with any state law changes. Due to changes from the 89th Regular Legislative session, specific public hearing notice sign dimensions and posting dates were provided. Amending the UDC to comply with the Texas Local Government Code (LGC) ensures the general welfare of the city.

2. The proposed amendment is consistent with the goals, objectives, and policies of this UDC and the City;
The purpose of the UDC is to ensure the safe, orderly, and efficient development and expansion of the City, which requires updates to the UDC to respond to changes in the Texas LGC for compliance and to ensure consistency between state law and the UDC.

3. The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law; and
During the 89th regular Legislative Session, House Bill 24 was passed, and LGC Section 211.0073 was added to provide notice sign requirements for zone changes in Home Rule municipalities. The notice sign must be placed "no later than the 10th day" before the hearing, and the notice sign is now required to be "at least 24 inches long by 48 inches wide." The proposed UDC amendments to UDC Section 21.4.3 directly reflect Texas LGC Section 211.0073.

4. Other factors which are deemed relevant and important in the consideration of the amendment.
The proposed UDC amendments are directly in line with the Texas Local Government Code updates reflected in House Bill 24. Although the House Bill went into effect on September 1, 2025, and the UDC is proposed to be amended at a later date, Staff has implemented the required changes since September 1, 2025. The notice sign process has changed, and applicants are required to purchase the larger sign and place it on the property within the timeframe required, per HB 24. 

The UDC amendments were sent to the City of Schertz Fire, EMS, and Police Departments for review. The departments did not send objections to the proposed amendments. The proposed UDC Amendments were sent to legal for review.

RECOMMENDATION

Staff recommends approval of PLUDC20260016 to remain consistent with state law changes.

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