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3.
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| City Council Regular Meeting |
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| BACKGROUND |
The Resurrection Baptist Church owns a property at 1002 Live Oak Road that is zoned Public Use District (PUB). The church is attempting to modify their existing building by adding improvements to its frontage. It is common for places of worship to have prominent architectural features and Resurrection Baptist Church is hindered from having such a feature due to the current height limitations of 35-feet set by the district.
The issue with Resurrection Baptist Church sparked a wider conversation about the PUB district and the height requirements, as other applicants and the city itself have had issues with the 35-foot height limitation. Staff researched how these parcels are used/owned, what uses are permitted in the PUB district, and how other cities treat their Civic/Public Use District.
First, staff compiled an inventory of ownership for the parcels in the city's PUB district. There are 70 total parcels, and the ownership is as follows:
| PUB District Parcels |
| Ownership/Use |
Number of Parcels |
| Government/School/Civic |
64 |
| Places of Worship |
5 |
| Private Citizen |
1 (parcel in Crecent Bend Nature Park) |
Second, staff compiled a list of uses from Unified Development Code Section 21.5.8, that are permitted by right or permitted through a Specific Use Permit in the PUB district. Those uses are as follows:
| PUB District Uses |
| Permitted by Right |
- Athletic Stadium, Public
- Cemetery or Mausoleum
- Church, Temple, Synagogue, Mosque, or Other Place of Worship
- Civic/Convention Center
- Governmental Facilities
- Municipal Uses Operated by the City of Schertz
- Post Office
- Recycling Collection Point
- School, Public or Private
- Welding/Machine Shop
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| Specific Use Permit |
- Antenna and/or Antenna Support Structure, Commercial
- Athletic Stadium, Private
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Lastly, staff researched seven target cities to determine the height requirements of their similar districts. Of the seven cities researched, only three had such districts (civic/public use), and in each of them they had no height requirements. Simply put, there was no limitation on height for similar districts in other cities.
Proposed Amendments:
When analyzing the ownership of PUB parcels, the permitted uses, and what other cities do, staff is proposing the following:
| Proposed Amendments to 21.5.7.B |
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Existing |
Proposed |
| Height Requirement in PUB |
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| Table Key |
- key "a" - parking standards
- key "c" - no exceeding imp. coverage
- key "d" - additional design requirements
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- adding key "b" to the PUB districts which require JBSA AICUZ adherence, all other districts have this except PUB currently
- adding key "e" to all districts which clarify that some uses may require an SUP and such districts may have different design requirements
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The key additions are critical as they ensure the mission of JBSA-Randolph is considered, and they also highlight that uses with SUP requirements may require different standards. These are items that the city already practices.
In addition to these amendments, staff has identified two subsections in the UDC that need clean-up based on previous amendments. Section 21.9.12.2.e states that Site Plans are required for Specific Use Permits. This requirement was removed from Section 21.5.11 in 2023 and needs to be removed from this section to make the UDC more consistent.
The other section is 21.9.3.K which states:
"Minimum front and side building setback lines at streets and crosswalks shall be shown on all plats and shall conform to the restrictions, if any, imposed on the subdivision by the subdivider, but in no event shall such setback lines be less than those required by the applicable zoning district."
In practice, the city actually requests applicants not put setback lines on the plat. Plats are recorded at the county and, for all intents and purposes, are permanent. Setbacks are subject to change with amendments to the city's zoning requirements in the UDC and there is potential for conflict if a legally recorded plat stipulates different setback requirements than our UDC. Staff is proposing to remove this line from the UDC as well. The second sentence in 21.9.3.K will remain. |
| 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 |
When evaluating UDC amendments, staff uses the Criteria of Approval found in 21.4.7.D.
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.
In order to promote orderly and efficient development, the UDC functions better when there is continuity throughout the code. The Article 9 amendments make the UDC more consistent. Additionally, municipal uses have exceeded the height requirements of the PUB district before, and it is feasible to assume that future proposals will as well, whether they are a school, a place of worship, or a governmental function. It is neither efficient nor orderly to require every applicant to request variances to the UDC for such projects.
2. An amendment to the text is consistent with other policies of this UDC and the City.
On March 27, 2017, the Board of Adjustment granted a variance to the PUB height requirements for Samuel Clemens High School to build a new auditorium to reach 56 feet.
On May 21, 2018, the Board of Adjustment granted a variance to the PUB height requirements to build the Ray Corbett Elevated Water Storage Tank to reach 225 feet.
These amendments are consistent with adopted policies regarding height variances in the PUB district. Also, requiring that the PUB district adhere to the JBSA AICUZ study protects the mission of Randolph Air Force Base, an explicit desire for the city.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City.
The UDC has a clear goal to "facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services". Having overly restrictive height requirements works against this goal of the UDC. These amendments would help alleviate that.
In The City of Schertz Strategic Plan's Policy Values, the city strives to provide essential services with "functions that address basic community needs such as security, life safety and infrastructure", and attempts to achieve a high quality of life through a "well planned community" and by "having good schools and access to higher education". These amendments would help align Schertz with our peer cities, make providing municipal functions easier, and allow our schools to have more developmental flexibility.
Also, The City of Schertz Strategic Plan has clear stated goals for the Operational Values of the city. Among these is the goal to be proactive; "Proactive means initiating change by anticipating future situations in order to make things happen". It is very likely that a school, a utility provider, or the city itself will need to exceed this height requirement in the future. Staff is anticipating this situation and proactively trying to prevent conflicts and unnecessary developmental hurdles.
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.
The scheduled public hearing provides the opportunity for City Council to determine this.
For these reasons, staff is recommending approval of Ordinance 24-S-15.
The Planning and Zoning met on March 6, 2024, and made a recommendation of approval with a 6-0 vote.
The Schertz City Council met on April 2, 2024 and approved Ordinance 24-S-15 as presented with a 7-0 vote. |
| RECOMMENDATION |
| Approval of Ordinance 24-S-15. |
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