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  5.       
City Council Regular Meeting
Meeting Date: 04/16/2024  
BACKGROUND
Background:
Over time, sections in the Unified Development Code (UDC) relating to Utilities and Transportation require updates and revisions. This can be warranted by changes in state law or by the City changing its procedures, standards, and practices. 
 
The Texas Local Government Code (LGC) has specific requirements for Development Manuals and Public Works Specification Manuals. While the city is currently in conformance with these requirements in practice, staff with counsel from the legal team felt it necessary to explicitly state these requirements in the Unified Development Code (UDC). This is considered best practice and is consistently done throughout other sections in the UDC. Similarly, several other proposed UDC edits within these amendments will help the UDC align with other parts of the LGC, including recent legislative changes to the LGC.

Some sections of the UDC are in conflict with other documents, such as the Master Thoroughfare Plan and the Public Works Specifications Mannual, and some proposed changes are to remove the conflicts.  The legal team also advised that language should be added to identify which standard/document takes precedence in case of a conflict. Similarly, language is being added to many sections to make the UDC more consistent. For example, certain subsections explicitly state requirements for planning applications, but forget to mention these same applications when dealing with resubmittals/appeals/etc. While some may think these requirements are implied, it is best practice to have redundant language, and thus provide more consistency throughout the UDC.

Amendment of the Utility Service Extension section of the UDC (Section 4.11) is proposed to correct the current code's authorization for the City to require annexation as a condition of granting approval of service to a property already within the City's utility CCN.

These amendments propose many changes to the Transportation section of the UDC (Article 14). These changes include clarifying terms and classifications, better detailing the City's procedures, and providing more requirements or standards for subsections that are too broad. Also, conditions in the community change and changes to some standards are appropriate.  For example, our current fire apparatus needs more room to safely turn around in cul-de-sacs. In other cases, standards are not consistent with other city requirements and/or are outdated and do not reflect current practices.  

The purpose of PLUDC20230221 is to make the development process more streamlined and easier to understand for applicants. Also, these amendments will bring the UDC into better alignment with the LGC.

Proposed Amendments:
Article 1
Section 21.1.10 - Development Manual
  • Adding language detailing a city process with the Development Manual to align with Texas Local Government Code (LGC) requirements.
Section 21.1.11 - Public Works Specification Manual
  • Adding language detailing a city process with the Public Works Specification Manual to align with Texas Local Government Code (LGC) requirements.
Article 4
Section 21.4.2. - Initiation of Application
  • Staff is proposing to remove the requirement for official Public Works certification.
  • Staff is matching language of subsection C.6 to C.1. This is in relation to certification letters, making the UDC more consistent.
Section 21.4.6 - Comprehensive Land Plan Amendment
  •  Adding the "City Manager or his/her designee" term in this section to match the rest of the UDC.
Section 21.4.11 - Utility Service Extension
  • Removing City's authority to annex property within City's CCN for which utility service extension is requested.  Explicitly requiring application for Utility Service Extensions for property for which platting is not required (such as property outside the City Limits).
  • Changing the accompaniment of application for voluntary annexation from "shall" to "may".
  • Adding requirement for approved CCN transfer, Service Area map update, and CIP amendment. 
  •  Adding the "City Manager or his/her designee" term in this section to match the rest of the UDC.
Section 21.4.14 - Appeals
  • Staff is updating time-frames and language in the Appeals section to align with the LGC.
Section 21.4.15 - Public Infrastructure Improvements, Construction Plans, and Improvements Agreements
  • Adding language clarifying that construction plan extensions cannot exceed plat extensions.
  • Adding the stipulation that electric utilities need to be installed prior to plat recordation. This matches the requirements for other public improvements.
  • Adding reference to Public Works Specification Manual.
Section 21.4.16 - Building Permits
  • Adding the "City Manager or his/her designee" term in this section to match the rest of the UDC.
Article 14
Section 21.14.1 - Streets
  • Adding language to stipulate or clarify adherence to the Public Works Specification Manual, Comprehensive Plan, and Master Thoroughfare Plan.
  • Revising section on dead-end streets and cul-de-sacs to remove conflict with Public Works Specification Manual; remove conflicting language in the section; and establish new standards based on minimum size of cul-de-sac needed to accommodate large emergency service vehicles.
  • Clarifying street name approval process.
  • Revising street classifications and construction standards to make consistent with Master Thoroughfare Plan and Public works Specification Manual.  Also adding clarification between "island" and "median" and establishing approval process for each.
  • Adding or clarifying terms 
  • Revising street light language to better account for differeng equipment of different electrical providers and adding new requirements to improve lighting to better serve the public.
Section 21.14.3 - Additional Design Requirements
  • Adding simplifying language to stipulate adherence Master Thoroughfare Plan
  • Removing subsection C and D, the landscape buffer and off-street parking additional requirements as these requirements are included in another section of the UDC.
Section 21.14.4 - Alleys
  • Clarifying commercial and industrial alleys
  • Removing subsection G, a section on drainage that is unnecessary and potentially confusing for applicants as Stormwater Management Plans address this issue.
Section 21.14.5 - Driveways
  • Adding language for TxDOT requirements 
  • Revising sections to eliminate conflicts with Public Works Specifications Manual.
Section 21.14.6 - Sidewalks and Hike and Bike Trails
  • Revisions to subsection C and H, the sections on sidewalk width and Hike and Bike Trails.
Section 21.14.7 - Traffic Impact Analysis (TIA)
  • Clarifying TIA requirements
  •  Adding the "City Manager or his/her designee" term in this section to match the rest of the UDC.
  • Revisions to subsection E, the contents of a TIA.
  • Revising submission requirements in subsection F for better customer service
  • Revising subsection E to close loopholes in current regulation, improve clarity of requirements, and help ensure that what is being required is "roughly proportional". 
Section 21.14.8 - Conflicts
  • New section in UDC to address any potential conflicts between Master Thoroughfare Plan and Public Works Specification Manual.

 
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 and when the code more closely aligns with state laws i.e. the LGC. Also, to promote health and general welfare, establishing clear and well organized infrastructure systems is essential. 

2. An amendment to the text is consistent with other policies of this UDC and the City.
These amendments will help align the UDC with other plans in the city, such as the Master Thoroughfare Plan, and the Public Works Specification manual. Also, one of the stated goals in the UDC is to "facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services". These amendments will help achieve this goal.

3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City.
The City of Schertz Strategic Plan has clear stated policy values. Among these is establishing a safe community with "proper planning, design and construction" as well as "adequately investing in and maintaining the built community". Providing essential services that "function to address basic community needs such as security, life safety and infrastructure".

The Strategic Plan also highlights the city's operational values. Among these is the goal to be proactive; "proactive means initiating change by anticipating future situations in order to make things happen". Within this framework, it is the responsibility of staff to be "continuously improving and evolving", "forward-thinking", and have "the ability to forecast and meet needs even before the customer identifies them".

These amendments would achieve these goals and policy values in the Strategic Plan.

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 the Planning and Zoning commission to determine this.  

For these reasons, staff is recommending approval of Ord. 24-S-14.

The Planning and Zoning Commission 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-14 as presented with a 7-0 vote.
RECOMMENDATION
Approval of Ord. 24-S-14
Attachments
Ord. 24-S-14 with Exhibits
Ord. 24-S-14 UDC Redlines
UDC Amendment Powerpoint

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