Agenda No. 8.
CITY COUNCIL MEMORANDUM
| City Council Meeting: | August 1, 2023 |
| Department: | Planning & Community Development |
| Subject: | Ordinance 23-S-13 - Conduct a public hearing and/or action on amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 5, Section 21.8.5 Permitted Use Table, and Article 16 Definitions. (Final Reading) (B.James/L.Wood/S.Haas) |
BACKGROUND
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.
The city has received interest for sites within the city for potential uses related to producing and/or storing solar energy. The interest is primarily centered around the undeveloped and underdeveloped Manufacturing - Light (M-1) Districts around the edges of the city. The current UDC has no language pertaining to solar energy land uses. Currently, this would be considered a "New and Unlisted Use", which requires a Specific Use Permit.
Several neighboring municipalities have language within their city codes defining and permitting solar related activities. Given the interest, staff is using these proposed amendments to make an effort to remain regionally competitive while fulfilling the intent of the Unified Development Code. Staff is proposing amendments to define solar activity land use and permit this use within the high intensity zoning districts of Manufacturing - Light Districts (M-1) and Manufacturing - Heavy Districts (M-2) with a specific use permit. As interest in solar energy/power storage related activities has increased within the City of Schertz, staff has researched neighboring municipalities to better understand how the region is addressing this industry with their respective codes, and believes that Schertz can include similar language to remain competitive. Given that solar energy production has less adverse impacts on surrounding properties as other forms of energy production, staff believes that Manufacturing - Light Districts (M-1) and Manufacturing - Heavy Districts (M-2) are appropriate as well as consistent with how other municipalities have handled solar energy related land uses.
In addition to solar related activities, there has been interest in power storage uses as well. The proposed amendments regarding solar activities includes language that allows for storing activities, however, as the energy grid is supplied by a variety of production sources, staff is proposing to further define the storage activities as to make it more flexible for potential uses. The idea being that we do not want to restrict storage activities as we cannot guarantee that the generated power is coming from strictly solar sources.
The Planning and Zoning Commission requested a modification that was added was to allow such uses in the Public Use Districts (PUB) with a Specific Use Permit (SUP). As PUB districts are located in a variety of places around the city, staff and the commissioned agreed that an SUP would be appropriate to look at potential uses on a case-by-case basis.
At the first reading of Ord. 23-S-13 on July 11, 2023, City Council had concerns in regards to Randolph Air Force Base (RAFB) and the potential adverse impact a solar installation would have on flight training. Staff reached out to RAFB, and they responded by stating that glint and glare are primarily not an issue, but solar installations may attract birds which are hazards for flight activity. Also, RAFB stated that they would like to review proposed solar installations in order to mitigate the potential hazards that they have expressed. Based on this new information and RAFB's input, staff is proposing that Solar/Photovoltaic Facilities be permitted with a specific use permit, so the appropriateness of such proposed developments can be evaluated on a case-by-case basis.
PROPOSED AMENDMENTS:
Proposed Amendments to Article 5, Section 21.5.8 Permitted Use Table:
Proposed Amendments to Article 16 - Definitions:
No other modifications to Article 5, Section 21.5.8 Permitted Use Table or Article 16 Definitions are proposed with this UDC Amendment.
The city has received interest for sites within the city for potential uses related to producing and/or storing solar energy. The interest is primarily centered around the undeveloped and underdeveloped Manufacturing - Light (M-1) Districts around the edges of the city. The current UDC has no language pertaining to solar energy land uses. Currently, this would be considered a "New and Unlisted Use", which requires a Specific Use Permit.
Several neighboring municipalities have language within their city codes defining and permitting solar related activities. Given the interest, staff is using these proposed amendments to make an effort to remain regionally competitive while fulfilling the intent of the Unified Development Code. Staff is proposing amendments to define solar activity land use and permit this use within the high intensity zoning districts of Manufacturing - Light Districts (M-1) and Manufacturing - Heavy Districts (M-2) with a specific use permit. As interest in solar energy/power storage related activities has increased within the City of Schertz, staff has researched neighboring municipalities to better understand how the region is addressing this industry with their respective codes, and believes that Schertz can include similar language to remain competitive. Given that solar energy production has less adverse impacts on surrounding properties as other forms of energy production, staff believes that Manufacturing - Light Districts (M-1) and Manufacturing - Heavy Districts (M-2) are appropriate as well as consistent with how other municipalities have handled solar energy related land uses.
In addition to solar related activities, there has been interest in power storage uses as well. The proposed amendments regarding solar activities includes language that allows for storing activities, however, as the energy grid is supplied by a variety of production sources, staff is proposing to further define the storage activities as to make it more flexible for potential uses. The idea being that we do not want to restrict storage activities as we cannot guarantee that the generated power is coming from strictly solar sources.
The Planning and Zoning Commission requested a modification that was added was to allow such uses in the Public Use Districts (PUB) with a Specific Use Permit (SUP). As PUB districts are located in a variety of places around the city, staff and the commissioned agreed that an SUP would be appropriate to look at potential uses on a case-by-case basis.
At the first reading of Ord. 23-S-13 on July 11, 2023, City Council had concerns in regards to Randolph Air Force Base (RAFB) and the potential adverse impact a solar installation would have on flight training. Staff reached out to RAFB, and they responded by stating that glint and glare are primarily not an issue, but solar installations may attract birds which are hazards for flight activity. Also, RAFB stated that they would like to review proposed solar installations in order to mitigate the potential hazards that they have expressed. Based on this new information and RAFB's input, staff is proposing that Solar/Photovoltaic Facilities be permitted with a specific use permit, so the appropriateness of such proposed developments can be evaluated on a case-by-case basis.
PROPOSED AMENDMENTS:
Proposed Amendments to Article 5, Section 21.5.8 Permitted Use Table:
| Zoning District | P=Permitted/ S= Specific Use Permit | Permitted Uses |
| Manufacturing - Light District (M-1) | S | Solar/Photovoltaic Facility |
| Manufacturing - Heavy District (M-2) | S | Solar/Photovoltaic Facility |
| Public Use District (PUB) | S | Solar/Photovoltaic Facility |
| Manufacturing - Light District (M-1) | P | Power Storage System |
| Manufacturing - Heavy District (M-2) | P | Power Storage System |
| Public Use District (PUB) | S | Power Storage System |
Proposed Amendments to Article 16 - Definitions:
- Power Storage System: A facility or installation whose primary function is to store produced electrical energy, regardless of source.
- Solar Energy: Radiant energy (direct, diffuse, and reflected) received from the sun.
- Solar/Photovoltaic Facility: A structure, assembly, equipment, or any combination thereof relating to the generation, transportation, and storage of solar energy.
No other modifications to Article 5, Section 21.5.8 Permitted Use Table or Article 16 Definitions are proposed with this UDC Amendment.
GOAL
To amend the UDC to review and update the development regulations due to changing conditions and community goals in order to establish and maintain sound, stable and desirable development.
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
Staff recommends approval of Ordinance 23-S-13, amendments to the Unified Development Code (UDC) as proposed and discussed.
The Planning and Zoning Commission met on May 24, 2023, and recommended approval with the modification, to allow the proposed land uses with a Specific Use Permit within the Public Use (PUB) zoning district, to City Council with a 5-0 vote
The Planning and Zoning Commission met on May 24, 2023, and recommended approval with the modification, to allow the proposed land uses with a Specific Use Permit within the Public Use (PUB) zoning district, to City Council with a 5-0 vote
RECOMMENDATION
Approval of Ordinance 23-S-13