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  14.       
City Council Regular Meeting
Meeting Date: 02/20/2024  

BACKGROUND
Main Street has a grant program along with exemptions from certain development and impact fees from the city. Despite these incentives, development activity along the corridor has been relatively slow. Within the Main Street corridor there are two Main Street-specific zoning districts, Main Street Mixed Use (MSMU) and Main Street Mixed Use - New Development (MSMU-ND). The Main Street Committee has expressed interest in adjusting some of the requirements and regulations in the Unified Development Code in order to provide both Main Street Zoning Districts with greater flexibility. The purpose of Ordinance 24-S-01 is to provide the greater flexibility desired. 

Ordinance 24-S-01 will also provide further revisions to Article 5 in order to clean-up unused sections in the UDC. These sections pertain to certain zoning districts that are not used in Schertz. These districts were based off of components in the 2013 Schertz Sector Plan and no applicant has elected to use them since. The Comprehensive Plan update is currently underway and once it is adopted, these zoning districts will no longer be applicable. These proposed amendments will help eliminate clutter and confusion in the UDC.

Proposed Amendments:
Article 5 - Zoning Districts
Sec. 21.5.2 - Zoning Districts Established Adding MSMU-ND to established zoning districts, while eliminating unused districts.
Sec. 21.5.5 - Statement of Purpose and Intent for Residential Updating the description of the Main Street Districts to match the proposed new permitted uses (see below)
Sec. 21.5.6 - Statement of Purpose and Intent for Nonresidential Removing the Golf Course District as this zoning district is not used in the city, and it is not defined in the UDC.
Sec. 21.5.7 - Dimensional and Developmental Standards Modifying parking minimums for Main Street districts (only 2 per lot now in MSMU and proposing the same for MSMU-ND), reduction of rear setbacks for MSMU, allowing the City Engineer flexibility to reduce side yard setbacks to no less than 10' on corner lots when evaluating sight distance issues. There will also be some UDC clean-up as the parking note in the table (note b) does not currently match Section 21.10.4.
Sec. 21.5.8 - Permitted Use Table Permitting the following uses in the Main Street Districts:
  • Tattoo Parlor/Studio (with limited use)
  • Multi-Family/Apartment Dwelling
  • One-Family Dwelling Attached
  • Private Club
  • Theater, Indoor
  • Two-Family Dwelling
  • Automobile Parking Structure/Garage
  • Microbrewery/Brewpub (adding the definition below in Article 16 with upcoming separate amendment)
"Microbrewery/Brewpub: A facility for the production and packaging of malt beverages for distribution, retail, or wholesale, on or off premise. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district."
  • Pet Store (already permitted in MSMU-ND, proposing MSMU to match)
  • Municipal Uses Operated by the City of Schertz
  • Dance Hall/Night Club
Sec. 21.5.12 - Agricultural Conservation Planned Development District (ACPDD) Removing this zoning district as it is not used in the city, and staff believes that it is highly unlikely applicants will select this specific PDD. This district was based off of components in the 2013 Schertz Sector Plan and will no longer be applicable with the Comprehensive Plan Update.
Sec. 21.5.14 - Mixed Use Planned Development District (MUPDD) Removing this zoning district as it is not used in the city, and staff believes that it is highly unlikely applicants will select this specific PDD. This district was based off of components in the 2013 Schertz Sector Plan and will no longer be applicable with the Comprehensive Plan Update.
Sec. 21.5.15 - Design Overlay District (DO) Removing these overlay districts as they have never been implemented, nor does staff believe they will be implemented. Also, certain items in this section are no longer in conformance with state law.
Article 9 - Site Design Standards 
Sec. 21.9.7 - Landscaping MSMU and MSMU-ND will be exempt from a 20-foot landscape buffer adjacent to the public right of way, interior parking lot requirements, landscape buffers with an 8-foot masonry fence, and the landscape buffer between residential and nonresidential has been reduced from 20-feet to 5-feet.
Article 14 - Transportation 
Sec. 21.14.3 - Additional Design Requirements Exempting both Main Street zoning districts (MSMU and MSMU-ND) from some additional setbacks as well as screening and buffering requirements in this section.
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
Many parcels along Main Street are small or unusual in layout; this may be due to the fact that the areas around Main Street are some of the oldest in Schertz. This is an important factor as properties have had ample time to be bought, sold, and/or subdivided even prior to Schertz incorporating as a municipality. Development patterns and building codes have also changed in that time, necessitating different property requirements than from those in the early 20th century. Geographic constraints are present as well, such as the prevalence of flood zones and the Union Pacific Railroad that essentially abuts the entire southern portion of Main Street.

The requirements in the UDC are there to promote the health and welfare of the city as a whole; however, certain regulations make more sense for newer developments, such as buffering commercial and residential activity, or greater building setbacks. Much of the history and identity of Schertz stems from Main Street, which makes this corridor unique. The distinctive quality of Main Street would be better served if the Unified Development Code (UDC) reflected this. The proposed amendments will help to make Main Street a cohesive district. These amendments will provide more opportunities for the corridor as well as more seamless transitions between commercial and residential uses, establishing a truly mixed use area. This will generate the potential for Main Street to recapture its historical form and function to create a destination for the citizens of Schertz and the surrounding communities. 

Finally, these amendments will clean-up unused items from the UDC, allowing for easier understanding and use.

For these reasons, staff is recommending approval of Ordinance 24-S-01 

The Planning and Zoning Commission met on January 10, 2024 and made a recommendation of approval with a 6-0 vote.

The Schertz City Council met on February 6, 2024 and voted to approve Ordinance 24-S-01 with a 6-0 vote.
RECOMMENDATION
Approval of Ordinance 24-S-01 
Attachments
Ordinance 24-S-01 with Exhibits
UDC Main Street Amendments (redlines)
UDC Main Street Amendments (clean)
City Council Presentation Slides

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