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Agenda No. 10.
CITY COUNCIL MEMORANDUM
| City Council Meeting: |
April 1, 2025 |
| Department: |
Planning & Community Development |
| Subject: |
Ordinance 25-S-012 – Conduct a public hearing and consider amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5, Section 21.5.4. - Zoning Change. (B.James/L.Wood/S.Haas) |
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| BACKGROUND |
The proposed Unified Development Code (UDC) amendments are an effort to help clarify language in the UDC for applicants, residents, and Staff. The proposed amendment is in Article 5, Section 21.5.4. This is in response to changes to the City Charter that were approved by voters on November 5, 2024. Among those approved changes was the reduction of required ordinance hearings from two to one. Ordinances now only require one City Council hearing for approval. This change requires some edits to this particular section of the UDC where two meetings are still referenced.
A public hearing notice was published in the San Antonio Express on March 12, 2025. |
| GOAL |
Staff is proposing to clarify language in the UDC to align with changes that were recently approved by Schertz voters in the November ballot. Among those approved changes was the reduction of required ordinance hearings from two to one. Ordinances now only require one City Council hearing for approval.
UDC Section 21.5.4.E. details the process for counting protest votes and in 21.5.4.E.4 there is language referencing two meetings that needs to be removed and revised.
UDC Section 21.5.4 - Zone Change
Subsection E - Protest |
| Current UDC Language |
Proposed UDC Language |
4. The following deadlines apply to the receipt and calculation of written protest:
- First Reading. Written protest must be received before noon (12pm) on the Friday before the first reading of the proposed zoning change or zoning map amendment ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1.
- Second Reading. Written protest must be received before noon (12pm) on the Friday before the second reading of the proposed zoning change or zoning map amendment ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1.
- Written protest received prior to the First Reading deadline will also be included in the Second Reading written protest calculation.
- In calculating the written protest described by section 21.5.4.E.1., only the most recent written protest received prior to the deadline above will be counted per property.
- In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday before the City Council reading, the deadline will be extended to noon (12pm) on the next business day.
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4. The following deadline applies to the receipt and calculation of written protest:
- Written protest must be received before noon (12pm) on the Friday before the consideration of the proposed zoning change ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1.
- In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday before the City Council reading, the deadline will be extended to noon (12pm) on the next business day.
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| 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 evaluating Unified Development Code amendments, staff uses the Criteria for Approval located in UDC Section 21.4.7.D.
1. The proposed amendment promotes the health, safety, and general welfare of the City
As part of promoting health, safety, and general welfare, Staff is taking active steps to ensure the well-being of its residents by making the city's development code more clear and easier to understand. This is often necessary when policy/practice changes in the city, like when voters approve charter amendments.
2. The proposed amendment is consistent with the goals, objectives, and policies of this UDC and the City
The City of Schertz voters approving changes to the City Charter indicate a new policy direction. Updating language in the UDC to match this direction helps achieve consistency across goals, objectives, and policies.
3. The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law.
The amendment to UDC 21.5.4.E is a direct response to a change in the City Charter.
4. Other factors which are deemed relevant and important in the consideration of the amendment.
No other additional factors have been deemed relevant at this time. |
| RECOMMENDATION |
The proposed amendments help the UDC align with changes to city policy. Therefore, Staff is recommending approval of Ordinance 25-S-012.
The Planning and Zoning Commission held a public hearing on March 5, 2025 and made a recommendation of approval with a 6-0 vote. |
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