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.

Staff is proposing to make the city's Unified Development Code align more closely with the State of Texas Local Government Code (LGC). Ordinance 23-S-27 will accomplish this by amending Article 4 - Variances, and two sections of Article 9 in relation to tree caliper planting requirements.

A Public Hearing notice was published in the San Antonio Express News on September 20, 2023. On September 13th, 2023, the Planning & Zoning Commission conducted a public hearing and made a recommendation of approval as presented. 

Proposed Amendments:
Staff is proposing to add language to Article 4, Section 21.4.12 Variances for clarification. Specifically, section 21.4.12.1.A states the following: "A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district." The Local Government Code has slightly more nuanced criteria in regards to the "economic gain or loss" than the UDC, and may be considered when granting variances as it pertains to structures. The Board of Adjustment has not denied nor has staff recommended denial for any variance within this regard. This proposed UDC amendment is an effort to be proactive and add clarity for staff, residents, and applicants.

In this section of the UDC, staff is proposing to add verbatim language from the Local Government Code Section 211.009 (b-1) to the end of Section 21.4.12 as follows:

In considering a variance as applied to a structure, the board may consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance:

• The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; 
• Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;
• Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;
• Compliance would result in the unreasonable encroachment on an adjacent property or easement; or
• The municipality considers the structure to be a nonconforming structure

For Article 9, staff is proposing to reduce Schertz's UDC planting requirement to two inches (2") to match the LGC minimum with relation to tree mitigation. This requires amendments in UDC Section 21.9.9 - Tree Mitigation. In LGC Section 212.905, the State has a minimum tree planting requirement of 2" inches. All trees planted above this requirement are eligible for mitigation credits. While the City of Schertz's current minimum of 2.5" inches is technically still permitted, the UDC has effectively built-in a credit process that may add complexity and confusion to the process. 

Staff is also proposing to make the UDC more consistent and have the minimum planting requirements lowered in UDC Section 21.9.7 - Landscaping. The City of Schertz is permitted to have the current minimum of 2.5" inches however, in order to avoid confusion staff is recommending to lower the tree planting minimum in this section as well to make all plating requirements match in the UDC and be more in line with the LGC. Making the UDC consistent will help staff and applicants by making the development process easier to understand.
 

Proposed UDC Amendments to Tree Caliper Min. Requirements
UDC Section	Current	Proposed (match LGC)
21.9.7 - Landscaping	2.5 inches	2 inches
21.9.9 - Tree Mitigation	2.5 inches	2 inches

Finally, staff is proposing to include clarifying language that such tree calipers are measured at 4.5 feet above the ground, an industry term known as Diameter at Breast Height (DBH). Currently, the UDC has language that states 4-foot measurement requirements and 4.5-foot measurement requirements. These proposed amendments will make the UDC more consistent and just use the industry standard of 4.5 feet DBH.

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. 

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

The proposed amendments would help align the Schertz UDC with the State law, and make the development process easier for applicants and staff. These amendments have been reviewed by our legal team with no objection.

On September 13th, 2023, the Planning & Zoning Commission conducted a public hearing and made a unanimous recommendation of approval as presented. 

On October 10th, 2023, City Council conducted a public hearing and made a unanimous vote to approve Ord. 23-S-27 as presented. 

The proposed amendments would add clarity for staff, residents, and applicants. Therefore, staff recommends approval of Ordinance 23-S-27.