18-S-24 - Amending UDC Articles 9 and 16 to ament certain site design standards for public water and wastewaterWHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted
as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the
"Current UDC "); and
WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revisions
and updates to, and reorganization of, the Current UDC;
WHEREAS, on June 27, 2018 the Planning and Zoning Commission conducted a public hearing
and thereafter recommended approval; and
WHEREAS, on July 24, 2018 the City Council conducted a public hearing and after considering
the Criteria and recommendation by the Planning and Zoning Commission, determined that the
proposed amendments are appropriate and in the interest of the public safety, health and welfare;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Approved on first reading the 20' day of July, 2018.
PASSED, APPROVED AND ADOPTED on final readilig the 7t' day of August, 2018.
ATTIE�T:
Bro&da Dennis, City Secretary
(SEAL OF THE CITY)
Pz.9 T�-'f
Exhibit A
Unified Development Code
Article 9 and 16 Amendments
See Attached
Addition of language to Sec. 21.9.5.B.1. (Exterior construction and design standards)
1. All new buildings within the corporate limits of the City except public schools and ablic
seater and wastewater facilities; and
Addition of a subsection with language to Sec. 21.9.7.E. (Landscape Installation Required)
E. Landscape Installation Required.
1. 4pplicabiliN The provisions of this section shall apply to all develop.rn.ent except public
water and wastewater facilities.
2. A minimum of twenty percent (20 %) of the total land area of any proposed multifamily
or nonresidential development shall be landscaped and shall be comprised of trees,
shrubs, sod or other ground cover. In the event of the construction of a phased
development, the minimum twenty percent (20 %) requirement shall apply to each phase
as it is developed.
3. All properties shall provide shade trees at a ratio of nine (9) trees per acre (43,560 square
feet) of gross lot area. Industrial property shall provide shade trees at a ratio of nine (9)
trees per acre, calculated at sixty percent (60 %) of the gross lot area or by exclusion of
the main enclosure structure ground floor area from the gross lot area, whichever is less.
Public schools shall provide shade trees at a ratio of at least four (4) trees per acre.
Existing trees may be counted toward meeting the requirements of this section.
a. Every single family residential lot shall provide a minimum of three (3) shade trees
which shall include a minimum of one (1) tree in the front yard and one (1) tree in
the rear yard.
b. Any property that is unable to satisfy the tree requirements of this section shall be
required to pay tree mitigation fees in accordance with section 21.9.9 of this UDC.
3. The use of native and adapted, drought tolerant plants is encouraged to meet the
requirements of this section.
4. Artificial plants or turf shall not be counted towards meeting the requirements of this
section.
Addition of subsection with language to Sec. 21.9.7.G (Nonresidential and Multifamily
Landscape Buffer Requirements)
G. Nonresidential and Multifamily Landscape Buffer Requirements.
1. In addition to any screening requirements of section 21.9.8, a nonresidential or
multifamily use adjacent to a residential use or residentially zoned property shall provide
a minimum twenty foot (20') landscape buffer adjacent to the property line of the
residential use or residentially zoned property. A minimum of one (1) shade tree shall be
planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (10) shrubs
shall be planted for each fifty linear feet (50') of landscape buffer. All other areas within
the landscape buffer shall be covered with grass or another solid vegetative cover
approved at the time of Site Plan approval.
2. The huadscaDe buffer an and
wastewater facilities if an eight feet 8' mason- fence is provided at or near the
property boundary,, _ —
Addition of language to Sec. 21.9.7.11.1 (Interior Landscaping)
1. Interior Landscaping. A minimum of ten percent (10 %) of the gross parking areas shall
be devoted to living landscaping which includes grass, ground covers, plants, shrubs and
trees. Gross parking area is to be measured from the edge of the parking and /or driveway
and sidewalks. The following additional criteria shall apply to the interior of parking lots.
Interior landsca ink recairenents clo not a 1�- to ublic mater andyaste�% %titer facilities
if an eight feet (8' ) masonry fence is provide at or near the property boundary.
a. Interior landscape areas shall be protected from vehicular encroachment of overhang
through appropriate wheel stops or curbs.
b. There shall be a minimum of one (1) shade tree planted for each 400 square feet or
fraction thereof of required interior landscape area.
c. Interior areas of parking lots shall contain planting islands located so as to best relieve
the expanse of paving. Planter islands must be located no further apart than every twelve
(12) parking spaces and at the terminus of all rows of parking. Such islands shall be a
minimum of 200 square feet or ten feet (10') by twenty feet (20') in size.
d. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and
other appropriate materials provided such landscaping does not cause visual interference
within the parking area.
Addition of language to Sec. 21.9.7.H.2.b (Perimeter Landscaping)
b. Whenever an off - street parking or vehicular use area abuts an adjacent residential
property line, a perimeter landscape area of at least ten feet (10') in width shall be
maintained between the edge of the parking area and the adjacent property line.
Access ways between lots may be permitted through all perimeter landscape areas.
Landscaping shall be designed to visually screen the parking area. Whenever such
property is zoned or used for single family residential purposes, a landscape buffer
shall include a masonry wall and hedge, or berm which shall be a minimum of three
feet (3') in height and a maximum of eight feet (8') in height. The requirements of
this subsection do not aonly to rmblic water and wastewater facilities if an e:ip-ht feet
(8' ) masonry fence is provide at or near the property boundary.
Addition of language to Sec. 21.9.8.B.1 (Fences in Nonresidential and Multifamily Areas)
1. Height. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or
wall within a required front yard shall exceed eight feet (8') in height. Fences constructed in
the front yard shall be non - opaque and shall not interfere with the sight visibility triangle as
required by this UDC or any other applicable City ordinances, codes and regulations. All
fences for public water and wastewater facilities are allowed to be opaque.
b. Prohibited Materials. Above - ground electrical fencing, wire mesh (such as hog wire or
chicken wire), and barbed wire are prohibited except on parcels or lots one acre or
greater in size in conjunction with the containment of livestock or farm animals. 'Three
strand barbed wire on to of link fencing is ermitted N hen associated . ti ,Nrith
public water and wastewater facilities and when not visible frorn public rights-of-way
or adjacent propetlies.
Change in language to Sec. 21.9.9.0.1 Tree Preservation and Mitigation.
Protected Trees. Any Protected Trees not exempt from preservation in section B.3.
above may be removed upon approval of a Tree Removal Permit by the Director of
Parks, Recreation and Community Services Any decision of the Director of Parks,
Recreation and Community Services regarding a tree removal permit may be appealed to
the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC.
Change in language to Sec. 21.9.9.0.2 Tree Preservation and Mitigation.
2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a
Tree Removal Permit by the Director of Parks, Recreation and Community Services.
Any decision by the Director of Parks, Recreation and Community Services regarding a
tree removal permit may be appealed to the Planning and Zoning Commission in
accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to
meet the mitigation requirements of this section.
Addition of a definition to Article 16 Definitions to include:
Public % ''titer and it astcni a =ter Facility: Any reservoirs, tower& tanks. pump stations or other
related qjipurtenances used for the purpose of providing potable water or wastewater utility
service. Occu )iable space is not considered apart of the public eater And /or wastewater facility.