Agenda No. 5.
CITY COUNCIL MEMORANDUM
| City Council Meeting: | December 14, 2021 |
| Department: | City Secretary |
| Subject: | Ordinance No. 21-S-49 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending Article 15 replacing Section 21.15.4, of the City of Schertz Unified Development Code, Easements and Utilities; Repealing all Ordinances or Parts of Ordinance in Conflict with this Ordinance, and providing an effective date. (Final Reading) (C. Kelm/S. Williams) |
BACKGROUND
Article 15, Section 21.15.4-Easements and Utilities states that all utilities shall be located in the front yard, installed underground, and if placed above ground the poles must be steel. The rigidness of the language without flexibility makes it very difficult to consistently enforce.
In addition, the current language does not provide clarification to the developer and/or City staff as to the direction for utility growth in Schertz in different zones. So waivers have consistently been given and there are currently utility poles installed above ground, underground, on one side of the street, both sides of the street, and are both wooden and steel poles. Because it is in the City’s best interest to coordinate and regulate the placement of public and private utilities, the City proposes to clarify Article 15 to help ensure reliable, safe, and aesthetically pleasing infrastructure. The proposal provides guidelines to developers and City staff to direct the growth of the City in the direction the City desires. In addition, flexibility is included in the article that considers both overhead and underground utilities to ensure cost-effective utilities for the residents.
Such regulations and coordination shall be managed under the UDC.
At the November 17, 2021, Planning and Zoning Commission a public hearing was held, no one spoke. After a discussion between staff and the Commission, the Planning and Zoning Commission recommended approval of the UDC amendment with a 4-0 vote.
A public hearing notice was published in the San Antonio Express News on November 19th prior to the public hearing that was held in association with the first reading for this ordinance. At the December 7, 2021 City Council meeting a public hearing was held. One resident spoke in relation to the discussion that occurred between the Planning and Zoning Commission and staff related to this item. After the public hearing concluded, the City Council approved Ord. No. 21-S-49 on first reading with a unanimous vote.
In addition, the current language does not provide clarification to the developer and/or City staff as to the direction for utility growth in Schertz in different zones. So waivers have consistently been given and there are currently utility poles installed above ground, underground, on one side of the street, both sides of the street, and are both wooden and steel poles. Because it is in the City’s best interest to coordinate and regulate the placement of public and private utilities, the City proposes to clarify Article 15 to help ensure reliable, safe, and aesthetically pleasing infrastructure. The proposal provides guidelines to developers and City staff to direct the growth of the City in the direction the City desires. In addition, flexibility is included in the article that considers both overhead and underground utilities to ensure cost-effective utilities for the residents.
Such regulations and coordination shall be managed under the UDC.
At the November 17, 2021, Planning and Zoning Commission a public hearing was held, no one spoke. After a discussion between staff and the Commission, the Planning and Zoning Commission recommended approval of the UDC amendment with a 4-0 vote.
A public hearing notice was published in the San Antonio Express News on November 19th prior to the public hearing that was held in association with the first reading for this ordinance. At the December 7, 2021 City Council meeting a public hearing was held. One resident spoke in relation to the discussion that occurred between the Planning and Zoning Commission and staff related to this item. After the public hearing concluded, the City Council approved Ord. No. 21-S-49 on first reading with a unanimous vote.
GOAL
The Ordinance is being updated to clarify to the customer how and where utility poles can be installed underground or overhead to ensure the installation of utility poles meet the City's standards.
COMMUNITY BENEFIT
The changes to Article 15 provide a more clear explanation of the standard of how and where utility poles are installed. Benefits of adopting these standards include:
- Improving visibility along public rights-of-way
- Protecting the utility facilities from damage due to vehicular impact.
- Reducing obstructions in the path of vehicles driving off of a right-of-way.
- Facilitating fewer wind outages with lower costs to utility providers for restoration of outages due to wind, translating into lower costs for utility customers.
- Reducing interference with the existing tree canopies.
- Improving the aesthetics of an area by removing above-ground utility poles, lines and above-ground appurtenances from view.
- Increasing property values.
SUMMARY OF RECOMMENDED ACTION
Staff recommends City Council adopt Ordinance 21-S-49 on final reading to amend article 15 by replacing section 21.15.4.
FISCAL IMPACT
No fiscal impact.
RECOMMENDATION
The Planning and Zoning Commission at the November 17, 2021 meeting offered a recommendation of approval with a 4-0 vote.
City staff recommends that City Council approve the final reading of Ordinance 21-S-49.
City staff recommends that City Council approve the final reading of Ordinance 21-S-49.