| PLANNING AND ZONING COMMISSION MEETING: 09/04/2024 Agenda Item 5 A |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | Daisy Marquez, Senior Planner |
| SUBJECT: | PLUDC20240167 - Conduct a public hearing, workshop and discussion and possible action to make a recommendation on amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5, Section 21.5.9- Special Districts, and Article 9, Section 21.9.3- Lots, Section 21.9.8- Screening and Fencing, Section 21.9.9- Tree Preservation and Mitigation, Section 21.9.12- Site Plan Process, and Article 16 - Definitions. |
BACKGROUND
As per Unified Development Code Section 21.4.7, City Council from time to time, or on its own motion, or at the recommendation of City Staff make amendments, change or modify any portion of the UDC to establish and maintain sound and stable development.
Staff periodically reviews the development process to make improvements, which includes reviewing the Unified Development Code for clarity and cohesion. The proposed UDC amendments, which were initiated by the Planning Division Staff, are meant to clarify the intent of the Unified Development Code and clean up lingering language removed from previous amendments.
The proposed UDC amendments include modifications to the following Articles and Subsections:
Staff is proposing modifications to the following UDC Articles and Sections:
Staff periodically reviews the development process to make improvements, which includes reviewing the Unified Development Code for clarity and cohesion. The proposed UDC amendments, which were initiated by the Planning Division Staff, are meant to clarify the intent of the Unified Development Code and clean up lingering language removed from previous amendments.
The proposed UDC amendments include modifications to the following Articles and Subsections:
- Article 5, Section, 21.5.9- Special Districts; to remove Agricultural Conservation Planned Development District (ACPDD), Mixed Use Planned Development District (MUPDD), and Design Overlay District (DO)
- Article 9, Section 21.9.3 - Lots; to remove the requirement to show building setbacks on plats
- Article 9, Section 21.9.8 - Screening and Fencing; to modify the prohibited materials to include a clarification
- Article 9, Section 21.9.9 - Tree Preservation and Mitigation; to remove tables that are no longer in the UDC, and to modify the exempted trees table
- Article 9, Section 21.9.12 - Site Plan Process; to remove applications that require an approved site plan
- Article 16 -Definitions; to add clarification to the Mixed-Use Self-Storage definition.
Staff is proposing modifications to the following UDC Articles and Sections:
| Article | UDC Section | Current UDC | Proposed Amendment |
|---|---|---|---|
| Article 5 | Section 21.5.9; specifically Subsection C | Agricultural Conservation Planned Development District (ACPDD) | Proposing to remove the statement of purpose and intent of this Special District, which can no longer be requested for consistency. |
| Article 5 | Section 21.5.9; Specifically Subsection F | Mixed Use Planned Development District (MUPDD) | Proposing to remove the statement of purpose and intent of this Special District, which can no longer be requested for consistency. |
| Article 5 | Section 21.5.9; Specifically Subsection G | Design Overlay District (DO) | Proposing to remove the statement of purpose and intent of this Special District, which can no longer be requested for consistency. |
| Article 9 | Section 21.9.3; Specifically Subsection K | Required all minimum building setback lines and crosswalks to be shown on all plats. | Proposing to remove this language for consistency with the development manual. Proposing to remove the definition of front line setback from this location. |
| Article 9 | Section 21.9.8; Specifically Subsection A.2.a.i |
i. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, or other materials traditionally used in private fence construction. | i. Materials Permitted. Fences may be constructed of chain link or similar woven wire mesh (provided no screening is attached), pressure treated wood, decorative metal, stone, brick, or other materials traditionally used in private fence construction. |
| Article 9 | Section 21.9.8; Specifically Subsection A.2.b | b. Prohibited Materials. Chicken wire and barbed wire are prohibited except on parcels or lots one acre or greater in size in conjunction with the containment of livestock or farm animals. | b. Prohibited Materials. Chicken wire and barbed wire are prohibited except on parcels in conjunction with agricultural operations. |
| Article 9 | Section 21.9.8; Specifically Subsection B.2.a |
a. Materials Permitted. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, above ground electrical fencing or other materials traditionally used in private fence construction. | a. Materials Permitted. Fences may be constructed of chain link or similar woven wire mesh (provided no screening is attached), pressure treated wood, decorative metal, stone, brick, or other materials traditionally used in private fence construction. |
| Article 9 | Section 21.9.8; Specifically Subsection B.2.b | b. Prohibited Materials. Hog wire or chicken wire, screening slats with chain link, and barbed wire are prohibited except on parcels or lots one acre or greater in size in conjunction with the containment of livestock or farm animals. | b. Prohibited Materials. Chicken wire and barbed wire are prohibited except on parcels in conjunction with agricultural operations. |
| Article 9 | Section 21.9.9; Specifically Subsection B.3.f | f. Protected Class trees from the Undesirable Trees list in table 21.9.7.F (A waiver to mitigation for Heritage class trees may be request). | Proposing to remove this subsection as table 21.9.7.F no longer exists in the UDC. |
| Article 9 | Section 21.9.9; Specifically Subsection B.3.h | Hackberry, Eastern Red Caedar, Common Ashe Juniper, Chinaberry, Mesquite, and Ligustrum are listed as the only Exempted Trees in Table 21.9.9. | Proposing to modify table 21.9.9 by adding additional invasive tree species. |
| Article 16 | Mixed-Use Self-Storage | A climate-controlled building(s) containing ground floor retail, service, or office space with separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage shall be prohibited within the individual storage units. Such building(s) shall be a minimum of 45-feet. | A climate-controlled building(s) containing ground floor retail, service, or office space with separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage shall be prohibited within the individual storage units. Such building(s) shall be a minimum of 45-feet in height. |
GOAL
To amend the Unified Development Code Article 5, Section 21.5.9- Special Districts, and Article 9, Section 21.9.3- Lots, Section 21.9.8- Screening and Fencing, Section 21.9.9- Tree Preservation and Mitigation, Section 21.9.12- Site Plan Process, and Article 16- Definitions.
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 staff evaluates Unified Development Code Amendments, they use section 21.4.7.D Criteria for approval. The criteria are listed below.
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.
Staff proposes UDC amendments from time to time to proactively better the Unified Development Code that governs development within the City of Schertz. The proposed amendments are necessary for consistency with changes already made to the Unified Development Code. Additionally, they provide clarification on sections of the Unified Development Code Sections used by multiple departments.
The proposed amendments to Article 9, Section 21.9.9. add invasive tree species to the Exempt Tree Table that are not desirable and are classified as invasive to our area. The proposed amendments to Article 9, Section 21.9.9, have been reviewed by the Parks, Recreation and Community Services Director, and there are no objections to the amendments. Additionally, Staff met with a representative of the Texas A&M Forest Service to discuss the proposed additional exempt tree species.
2. An amendment to the text is consistent with other policies of this UDC and the City;
The proposed amendments are meant to clean up lingering UDC language that has remained and to clarify the intent of the UDC.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
The proposed Unified Development Code amendments are consistent with the goals and objectives of this UDC and the City as they are meant to help keep the UDC consistent with previously approved amendments. The Operational Values of the City include being proactive and service-oriented. By being proactive with these proposed UDC amendments, Staff can provide a better experience within the development process.
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.
Staff has ensured all UDC requirements have been met for the proposed Unified Development Code Amendments and at this time have not received special considerations from the Planning and Zoning Commission or City Council.
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.
Staff proposes UDC amendments from time to time to proactively better the Unified Development Code that governs development within the City of Schertz. The proposed amendments are necessary for consistency with changes already made to the Unified Development Code. Additionally, they provide clarification on sections of the Unified Development Code Sections used by multiple departments.
The proposed amendments to Article 9, Section 21.9.9. add invasive tree species to the Exempt Tree Table that are not desirable and are classified as invasive to our area. The proposed amendments to Article 9, Section 21.9.9, have been reviewed by the Parks, Recreation and Community Services Director, and there are no objections to the amendments. Additionally, Staff met with a representative of the Texas A&M Forest Service to discuss the proposed additional exempt tree species.
2. An amendment to the text is consistent with other policies of this UDC and the City;
The proposed amendments are meant to clean up lingering UDC language that has remained and to clarify the intent of the UDC.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
The proposed Unified Development Code amendments are consistent with the goals and objectives of this UDC and the City as they are meant to help keep the UDC consistent with previously approved amendments. The Operational Values of the City include being proactive and service-oriented. By being proactive with these proposed UDC amendments, Staff can provide a better experience within the development process.
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.
Staff has ensured all UDC requirements have been met for the proposed Unified Development Code Amendments and at this time have not received special considerations from the Planning and Zoning Commission or City Council.
RECOMMENDATION
The proposed UDC amendments promote consistency throughout the UDC and provide additional clarity in the development process. Staff recommends approval of PLUDC20240176, amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), Article 5, Section 21.5.9- Special Districts, and Article 9, Section 21.9.3- Lots, Section 21.9.8- Screening and Fencing, Section 21.9.9- Tree Preservation and Mitigation, Section 21.9.12- Site Plan Process, and Article 16-Definitions.