PZ 02-25-2015 AGENDA with associated Documents (Special Joint Meeting)JOINT PECIAL 1.
SCHERTZ 1 ZONING COMMISSION,
DEVELOPMENT i•'i'• i AND TRAFFIC SAFETY ADVISORY
COMMISSION
AND
REGULAR MEETING AGENDA
SCHERTZ PLANNING & ZONING COMMISSION
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1.400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City_ of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
1. CALL TO ORDER — SPECIAL JOINT MEETING (PLANNING AND ZONING COMMISSION,
ECONOMIC DEVELOPMENT CORPORATION AND TRAFFIC SAFETY ADVISORY
COMMISSION).
Call to order by each governing body.
2. Presentation and discussion related to the growth planning and development plans for SCUCISD. (W.
Pruski)
3. Public hearing, discussion and update on the Lone Star Rail.
4. ADJOURNMENT OF THE SPECIAL JOINT MEETING
1. CALL TO ORDER OF THE REGULAR PLANNING AND ZONING COMMISSION MEETING.
2. HEARING OF RESIDENTS
This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill out the Speaker's
registerprior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission ofany item not
on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion
of the agenda, will call on those persons who have signed up to speak in the order they have registered.
Planning & "Zoning February 25, 2015 Page 1 of 2
3. PUBLIC HEARING:
The Planning and Zoning Commission will hold a public hearing related to zone change requests and replats within this agenda. The public
hearing will be opened to receive a report from staff the applicant, the adjoining property owners affected by the applicant's request, and any
other interested persons. Upon completion, the public hearing will be closed. The Commission will discuss and consider the application, and
may request additional information from staff or the applicant, rf required. After deliberation, the Commission is asked to consider and act
upon the following requests and make a recommendation to the City Council if necessary.
A. Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz
Codes of Ordinances, Unified Development Code (UDC), Article 1 General Provisions.
4. DISCUSSION:
A. Discussion related to the Planning and Zoning Commission duties, rules and procedures (By-
Laws).
5. REQUESTS AND ANNOUNCEMENTS:
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda.
B. Announcements by Commissioners.
City and community events attended and to be attended
Continuing education events attended and to be attended
C. Announcements by City Staff.
• City and community events attended and to be attended.
• NEW SITE PLAN APPLICATIONS: No Site Plans were submitted to the Planning and
Zoning Department between February 6, 2015 and February 20, 2015
6. ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Lesa Wood, Senior Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin
boards on this the 201' day of February, 2015 at 12:00 p.m., which is a place readily accessible to the public at all times and that said
notice was posted in accordance with chapter 551, Texas Government Code.
We woad
Lesa Wood, Senior Planner
I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was
removed from the official bulletin board on day of , 2015.
title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special
assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting.
The Planning and Zoning Commission for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this
meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any
Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the
meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has
been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is
conducted by all participants in reliance on this opinion.
Planning & Zoning February 25, 2015 Page 2 of 2
TO: Planning and Zoning Commission
CASE: ZC2014-001 —Article 1 General Provisions — UDC Amendment
SUBJECT: Hold a public hearing, consider and make a recommendation on an amendment of
Part 111, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 1
General Provisions.
GENERAL INFORMATION:
As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff
make amendments, change or modify text to any portion of the UDC to establish and maintain sound 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 State and Federal regulations,
Based on the update to the Comprehensive Land Use Plan and changes in development it has becomes
necessary to update the UDC.
A public hearing was conducted at the January 8, 2014 and January 22, 2014 Planning and Zoning
Commission meetings where staff discussed the proposed amendments with the Commission to gain input and
recommendation from the Commission and receive public comment. The Commission made a
recommendation of approval of the ordinance being proposed at the time. The ordinance presented at the
January 2014 meeting were reviewed by former Legal Counsel Norton Rose Fulbright.
New Legal Counsel was retained by the City in January 2014 and on March 4, 2014 City Council recommended
that the new legal team review the ordinance amendments.
This amendment was drafted by Planning Staff and reviewed by the current Legal Counsel Denton Navarro,
Rocha, Bernal, Hyde & Zech P.C.
Minor text amendments have been made to a reference to the Master Thoroughfare Plan and to refine
language to be consistent with the Texas Local Government Code (LGC). This includes the elimination
of the sections related to Minimum Requirements; Effective Date; and Severability.
Sec. 21,1.4 Jurisdiction was modified in order to provide consistency with LGC as well as a list of
articles that will assist both the public and staff in understanding what portions of the UDC apply to
properties located in the Extraterritorial Jurisdiction (ETJ).
• Sec. 21.1.5 Consistency with the Comprehensive Land Use Plan (CLOP) was modified to remove text
that exists in the CLUP to eliminate any conflict with the UDC.
Sec, 21.1.6 Vested Rights "Issuance of Local Permits" was modified to include definitions and
procedures to claim vested rights, obtain a vested rights determination, and appeals to the
determination. Over the last several years City Staff has had several cases where developers have
requested vested rights on a project and State Law provides landowners or developers an opportunity
to vest (grandfather) regulations that apply to their project. The UDC has an existing section regarding
vested rights but with the increased requests the modification to include procedures and expiration
dates will assist in process a request.
STAFF RECOMMENDATION:
Staff recommends approving the amendment to the Unified Development Code (UDC), Article 1 — General
Provisions as presented.
COMMISSIONERS CRITERIA FOR CONSIDERATION:
In considering action, the Commission should consider the criteria within UDC, Section 21.4.7 D.
Attachments:
Article I — General Provisions
N
Article 1 General Provisions
See. 21.1.1 Short Title
Chapter 21 of the City of Schertz Code of Ordinances shall be known and may be cited
as the Unified Development Code of the City of Schertz, Texas or simply as the Unified
Development Code or the UDC.
See. 21.1.2 Purpose and Intent
This UDC is adopted to:
public health, safety and
and expansion of the
irehensive Land Plan
resources, m keeping with
uses of land and buildings;
undue concentration or
the City and the value
and to minimize the
• minimize pollution of air 46d4water, assure the adequacy of drainage
facilities; safeguard., water resources and preserve the integrity and
aesthetic quality of the community;
• lessen congestion in the streets and provide convenient, safe and efficient
circulation for vehicular and pedestrian traffic; and
• facilitate the - adequate and efficient provision of transportation, water,
wastewater, schools, parks, public safety and recreational facilities, and
other public facilities and services.
See. 21.1.3 Authority
This UDC is adopted pursuant to the powers granted to the City and subject to any
limitations imposed by the constitution and other laws of the State of Texas and the City
Charter.
2/20/2015 Last saved by Lesa C. Wood
Sec. 21.1.4 Jurisdiction
The provisions of this UDC apply to all property within the corporate limits of the City
and in the Extraterritorial Jurisdiction (ETJ) as listed in part B below.
A. Jurisdiction within City Limits
The City has the statutory authority to exercise a broad range of powers
within its City limits. Many of those powers are specifically authorized
by Chapters 211, 212, and 216 of Texas Local Government Code, as
amended (LGC). All provisions of this UDC apply within the City limits.
B. Jurisdiction within Extraterritorial Juri
The City extends to its ETJ the regulation of subdivisions and property
development adopted under LGC Chapter M. The City also extends to
its ETJ its authority to regulate signage as adopted under LGC Chapters
216, 245, and 43 in its ETJ.
The following Articles of this UDC apply
the
Open Space Dedication
5. Article 9 — Sec. 21.9.11 Lighting andGlare Standards
LGC Chapter 245 — Issuance of Local Permits, commonly referred to as the
State's "Vested Rights Law ", provides an opportunity for landowners or
developers to "grandfather" or "vest" government regulations that apply to
development at the time of the filing of a permit application. The City has
established in this section an administrative procedure for consideration of
any claim of a vested right.
2/20/2015 Last saved by Lesa C. Wood
B. Definitions
The following terms shall have the meaning hereinafter ascribed to them
under this section:
"LGC" means the Texas Local Government Code.
"Project" means an endeavor over which the City (a regulatory agency, as
defined by LGC Chapter 245) exerts its jurisdiction and for which one or
more permits are required to initiate, continue, or complete the endeavor.
"Permit" means a license, certificate, approval, registration, consent,
permit, contract, or other agreement for construction related to, or
provisions of, service from a water or wastewater utility owned, operated,
or controlled by the City, or other form bf authorization required by law,
rule, regulation, order or ordinance that a person -must obtain to perform an
action or initiate, continue, or complete a Project for which the permit is
sought. (i.e. master plan, preliminary plat or final plat}
C. Administrative Procedure for
0
Claim of Vested Rights
Identification of the property, including the address (if it exists) and the
plat reference (if it exists) or metes and bounds (if not platted), for which
the property owner claims a vested right;
Provide Project name, type of Permit and date the Permit was filed;
4. If a property owner claims that certain regulations do not apply to the
Project, tho property owner must identify, with particularity, all
requirements that the property owner claims do not apply; and
5. Attach all supporting documents, if any.
The letter should be addressed to the City of Schertz Planning and Zoning
Department.
Vested Rights Determination.
The Planning and Zoning Department will review the request and
supporting documents and issue a final administrative determination of
whether a vested right exists in relation to the Project, and shall identify
2/20/2015 Last saved by Lesa C. Wood
in writing to the property owner all claims for which vested rights have
been granted (the "Vested Rights Determination ").
E. Appeal of Vested Right's Determination.
If the property owner believes that the Vested Rights Determination is in
error, the property owner shall have the right to appeal such Vested
Rights Determination to the Board of Appeals, which will have
jurisdiction to hear and decide the appeal pursuant to the UDC and LGC
Chapter 211— Municipal Zoning Authority.
F. Recognition of Vested Rights
1. A property owner's original permit application expires on or after the
45th day after the date the application is filed if-
a. the property owner fails to
necessary to comply with the
form and content of the perrr.
b. the City provides to the pro
business day after the ,date the
failure that specifies fhe neces
the date the application will e)
is not provided; and
wner 7
fin the
for
the specified documents or other
in the written notice.
Only 4 Project which was in progress (as defined by LGC Section
245.003) or for which a Permit application was filed after September 1,
1997 may be eligible to claim vested rights; any Project for which the
Permit application was filed prior September 1, 1997, or has expired, is
not eligible.
Vested rights to do not begin to accrue until the filing of an original
application or Master Development Plan or plat application that gives the
City fair notice of the project to which the permit applies and the nature
of the permit sought.
3. A Project will expire in five (5) years from the date the first Permit
application was filed for the Project with City if progress, as defined in
LGC Section 245.005, has not been made towards completion of the
Project. An expired Project is considered dormant, vested rights lapse
and the Project must comply with all current ordinances and
requirements.
2/20/2015 Last saved by Lesa C. Wood
Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs (Rough
Proportionality)
A. If the City requires as a condition of approval for a property development
project that the property owner bear a portion of the costs of municipal
infrastructure improvements through dedication of property to the City,
the payment of impact fees, the payment of construction costs, or the
payment of other infrastructure related costs authorized by applicable
law, the property owner's portion of the costs may not generally exceed
the amount required for infrastructure improvements that are roughly
proportionate to the proposed development as approved by the City
Engineer.
B. A property owner who disputes the determination made by the City
Engineer under Subsection A. above must appeal to the City Council in
accordance with UDC, Sec. 21.4.14 Appeals, or the City Engineer's
determination is final. At the appeal, the property owner may present
evidence and testimony under procedures adopted by the City Council.
After hearing any testimony and reviewing the evidence, the City
Council shall make the applicabih
thirty (30) days after the final sul
by the property owner.
ion as to the appeal within
any testimony- or evidence
of the City Council to a
development is located
in by the City Council.
owner to waive the right of appeal
ition of approval for a development
Any person, firm, or corporation who shall violate any of the provisions of this UDC, or
fails to comply therewith, or who shall violate or fail to comply with any order or
regulation -made hereunder, or who shall build any project or facility in violation of any
detailed statement of specification or plans submitted and approved hereunder, or any
certificate or permit issued--
ssued hereunder, shall, for each and every violation and
noncompliance respectively be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the
appropriate legal maximum as determined by statute. In the case of a violation of
section 21.9.9, the penalty shall be the sum as determined above plus the value of the
tree as determined by a certified arborist hired by the City. Each and every day that such
violation and /or noncompliance shall exist shall be deemed a separate offense. In case
any person, film, or corporation violates any of the provisions of this UDC or fails to
comply therewith, the City, in addition to imposing the penalties above provided may
institute any appropriate action or proceedings in court to prevent, restrain, correct, or
abate or to prevent any illegal act, conduct, business, or use in or about any land, and the
definition of any violation of the terms of this UDC as a misdemeanor, shall not
preclude the City from involving the civil remedies given it by law in such cases, but
2/20/2015 Last saved by Lesa C. Wood
same shall be cumulative of and in addition to the penalties prescribed for such
violation.
Sec. 21.1.9 V
The issuance or granting in error of a permit or approval of plans or plats, site designs,
or specifications shall not be construed to be a permit for, or an approval of, a violation
of any provision of this UDC or any other City ordinance. No permit purporting to give
authority to violate or cancel the provisions of this UDC shall be valid.
Sec. 21.1.10 Development Manual
The Development Manual is prepared by the City of *hertz Planning and Zoning
Department and is hereby adopted by reference as if set forth in full. The Development
Manual shall contain application forms, required application materials, fees, and
application submittal deadlines. The Development Manual may be amended by the City
Manager or his /her designee from time to time.
Sec. 21.1.11 Public Works Specification Manual
The Public Works Specification Manual prep,
Division is hereby adopted by,,,--. reference as
Specification Manual shall contain specificatic
The Public Works Specification Manual ma
his /her designee from time to time.
E
2/20/2015 Last saved by Lesa C. Wood
d by the City of Schertz Public Works
set forth in full. The Public Works
necessary to complete public projects.
be amended by the City Manager or