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.
House Bill (HB) 3699 went into effect on September 1, 2023. Within this bill were provisions that gave the governing municipal body of Schertz the option to give administrative approval authority to staff in relation to subdivision plats. Currently, staff has the authority to administratively approve or deny minor plats and amending plats. The Planning and Zoning Commission has the authority to approve or deny replats, preliminary, final, and vacating plat.
Platting is a technical process that requires the involvement of the entire development team from the city. The Planning, Public Works, Engineering, and Fire Department all thoroughly review subdivision plats to ensure that all state and City of Schertz requirements are met.The UDC stipulates that platting has a "certification" then "formal" process. When a "formal" plat is accepted by the city, state law requires that the city review and approve this plat within 30 days. This is commonly referred to as the "shot-clock" rule. In the event the "shot-clock" has run out, and the review has not been completed, the state law requires automatic approval of the plat. To ensure that staff has enough time to properly review subdivision plats, the City of Schertz adopted the certification process. There are two separate platting processes; the "certification" process where the bulk of the review takes place, and the "formal" application where our platting fee is assessed and the shot-clock begins.The formal plat application is what is presented to the Planning and Zoning Commission and staff has a strict submittal calendar to guarantee a Commission meeting to consider the plat within the 30 day shot-clock.
The "certification" then "formal" process is a common practice among other municipalities and a necessary step for staff to ensure that all City of Schertz's UDC requirements are met. However, it adds complexity and time to the overall development process. The purpose of Ordinance 23-S-29 is to help make the process more efficient by potentially removing a time-consuming step in the process.
Texas Local Government Code (LGC) Section 212.005(a) states the following:"The municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared under this subchapter and that satisfies the requirements of this subchapter."
When plats are presented to the Planning and Zoning Commission, staff has ensured that all applicable regulations and requirements are already met and the action of bringing the item to the Planning and Zoning Commission is largely procedural. The Planning and Zoning Commission meets twice a month (sometimes once a month) and this potentially puts added time and cost on a property owner's project. Additionally, staff spends a lot of time and effort to organize an agenda, compile staff reports, and present these plats to the Planning and Zoning Commission; when ultimately according to LGC 211.005(a) the Commission must approve them unless an applicable regulation or requirement is not met, which staff has already ensured the plat meets all requirements prior to bringing the item to the Commission for action.
When a plat does not or cannot reasonably meet all the applicable requirements a waiver to the UDC platting requirements is needed. This is a separate agenda item that is considered before the plat. An example, is when a waiver is requested from the requirement to connect to the sanitary sewer system. Staff often sees this in the more under-developed areas of the city, as sanitary sewer is far enough away that it would be unreasonably expensive for a property owner to connect.
Proposed Amendments:
With Ordinance 23-S-29, staff is proposing amendments to the UDC in Article 3 - Boards, Commissions, and Committees and Article 12 - Subdivisions in order to give staff final authority to approve or deny all subdivision plats.
Staff is leaving the final approval authority of a waiver request to the Planning and Zoning Commission. Staff believes that the discretionary nature of a waiver request is more appropriate in an appointed body such as the Planning and Zoning Commission. Also, staff may forward any plat to the Commission if it chooses to. Finally, staff is also proposing to explicitly outline an appeals process where, if for some reason a plat does not meet all the applicable requirements and is denied by staff, then an applicant can appeal staff's decision to the Planning and Zoning Commission.
| Article 3 - Boards, Commissions and Committees |
| UDC Section 21.3.3 Planning and Zoning Commission |
Changes the authority of the Planning and Zoning Commission. The commission will have final authority on plats and plans only "if forwarded by the City Manager or his/her designee". |
| UDC Section 21.3.5 Administrative Authority |
Gives approval authority to "City Manager or his/her designee" for subdivision plats. |
| Article 12 - Subdivisions |
| UDC Section 21.12.2 General Provisions |
21.12.2.A. Cleans up language pertaining to property ownership and the dedication of land for public use
21.12.2.I. Includes "City Manager or his/her designee" to subsection related to plat disapproval |
| UDC Section 21.12.8 Preliminary Plat Process |
Details the process for administrative approval/denial/appeal of preliminary plats |
| UDC Section 21.12.10 Final Plat Process |
Details the process for administrative approval/denial/appeal of final plats |
| UDC Section 21.12.13 Replat Process |
Details the process for administrative approval/denial/appeal of replats |
| UDC Section 21.12.14 Vacating Plat Process |
Details the process for administrative approval/denial/appeal of vacating plats |
On October 11, 2023, the Planning & Zoning Commission conducted a public hearing and made a recommendation of approval as presented.
A Public Hearing notice was published in the San Antonio Express News on October 25, 2023.
On November 14, 2023, City Council voted to approve the ordinance as presented unanimously 6-0. |