Agenda No. 14.
CITY COUNCIL MEMORANDUM
| City Council Meeting: | September 5, 2023 |
| Department: | Planning & Community Development |
| Subject: | Ordinance 23-S-14 - Consideration and/or action on a request to rezone approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD), generally located approximately 2,200 feet southeast of the intersection of Country Club Boulevard and IH-35 access road, also known as Comal County Property Identification Number 377261 and Guadalupe County Property Identification 63833, City of Schertz, Comal County and Guadalupe County, Texas. Final Reading (B.James/L.Wood/E.Delgado) |
BACKGROUND
Update from the August 1, 2023 City Council Meeting:
At the August, 1, 2023 City Council meeting, the applicant requested that the item be postponed / tabled to the September 5th City Council meeting. City Council voted to table the item with a 5-1 vote with Council Member Davis with the nay vote.
On August 22, 2023, the Planning Division received a revised Planned Development District Design Standards document from the applicant for Ordinance No. 23-S-14, the zone change to Planned Development District (PDD) for The Villas at Bluebonnet Ridge.
Below is a table that identifies the changes that have been proposed by the applicant since the August 1, 2023 City Council meeting:
The applicant is requesting action be taken at the September 5, 2023 City Council meeting based on the revised Planned Development District Design Standards as included within this agenda item.
The rest of this report has been modified to include the new proposed PDD Design Standards.
Public Notice:
One hundred seventeen (117) public hearing notices were mailed to the surrounding property owners on June 1, 2023. A public hearing notice was published in the "San Antonio Express" on June 28, 2023. At the time of this report (August 25, 2023, at 3:00pm) staff has received one hundred sixty-six (166) responses opposed, and thirty-two (32) response in favor, and three (3) responses neutral to the proposed rezoning request. As a note on the public hearing responses, there are fourteen (14) properties that had submitted either an opposition letter or an in favor letter, that subsequently submitted a differing response.
If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). At the time of this staff report (August 25, 2023, at 3:00pm) the total percentage of the protested parcel acreage is 28.50%, therefore, the 3/4 vote has been triggered for the September 5, 2023, City Council.
Proposed Zoning Concept:
The proposed development will be a gated community with no more than 140 units. These units will be spread across seventy (70) duplexes. Each unit is proposed to be between 1,300 square feet and 1,400 square feet and will feature three bedrooms, 2.5 baths, an eat-in kitchen, two living rooms, a laundry room, covered back patio, private yard, and a two-car garage.
The PDD Design Standards propose to conform with the Two-Family Residential District (R-3) zoning with modifications to the minimum lot area, lot depth, and setbacks as shown in the table below.
All lots within the proposed The Villas at Bluebonnet Ridge will have 10 foot side yard setbacks, all corner lots within the development will maintain a 15 foot side setback.
Parks and Amenities:
The proposed PDD plans to incorporate 8.52 acres of green space and amenities. This would include a pavilion, playground for the community, a concrete walking path. Additionally, a mail center is proposed with a covered pavilion, and additional parking access. There is also a proposed 0.29 acre space for youth sport facilities such as pickleball courts, a 2.73 acre private picnic / trail / community garden area, a 4.01 acre public walking trail contingent upon approval with LCRA to develop within the easement, and 0.74 acres of miscellaneous spaces and detention ponds.
Parking:
Per the City of Schertz Unified Development Code, duplexes have a required parking ratio of two (2) spaces per unit. The proposed The Villas at Bluebonnet Ridge has 140 units which would require 280 off-street parking spaces. However, per the proposed The Villas at Bluebonnet Ridge PDD Design Standards there are 659 proposed parking spaces across the development, including a total of 4 spaces per unit (2 within the driveway and an additional two in the garage), an additional 23 parking spaces split between the interior parks and mail station and an additional 76 spaces available on the street to use as overflow and guest parking.
HOA and Maintenance Proposed:
The proposed The Villas at Bluebonnet Ridge will be a gated community with an HOA established. The entire development both inside and outside the gates to include irrigation will be maintained by the HOA's maintenance crew. This includes maintenance of all common areas to include all proposed crushed granite walking trails, concrete pathways, neighborhood amenities and multi-use paths, all the front yards, side yards, and backyards of the duplexes. A 6-foot wood privacy fence will be installed along the boundary with The Fairways at Scenic Hills neighborhood.
At the August, 1, 2023 City Council meeting, the applicant requested that the item be postponed / tabled to the September 5th City Council meeting. City Council voted to table the item with a 5-1 vote with Council Member Davis with the nay vote.
On August 22, 2023, the Planning Division received a revised Planned Development District Design Standards document from the applicant for Ordinance No. 23-S-14, the zone change to Planned Development District (PDD) for The Villas at Bluebonnet Ridge.
Below is a table that identifies the changes that have been proposed by the applicant since the August 1, 2023 City Council meeting:
| Design Standard Presented at the July 18th and August 1st City Council Meetings | Modified Design Standard to be presented at the September 5th City Council Meeting | Change in standard |
| Gated community with no more than 170 units | Gated community with no more than 140 units | Reduction in overall unit count by 30 units |
| Units spread across 85 duplexes | Units spread across 70 duplexes | Reduction in overall duplex count by 15 units |
| Amenities proposed included playscapes, picnic tables, and a neighborhood pavilion | Amenities proposed included playscapes, pickleball courts, picnic tables, and a neighborhood pavilion | Addition of a proposed pickleball court |
| Proposed 7.31 acres of green space and amenities | Proposed 8.52 acres of green space and amenities (which includes 0.74 acres of miscellaneous spaces and detention ponds in addition to the specific acreages listed) | Increased green space and amenities by 1.21 acres |
| Interior Park and amenities shown as 0.50 acres | Interior Park and amenities shown on 0.52 acres | Increase of 0.02 acres of interior park and amenities |
| Mail Center with covered pavilion and additional parking on 0.29 acres | Mail center with covered pavilion and additional parking on 0.23 acres | Reduction of mail center area by 0.06 acres |
| 0.56 acre fenced in private dog park | 0.29 acre youth sport facilities such as pickleball courts | Removal of proposed private dog park and replace with youth sport facility. Reduction in acreage by 0.27 acres |
| 1.95 acre private Picnic / Trail / Community Garden Area | 2.73 acre private Picnic / Trail / Community Garden Area | Increase private picnic / trail / community garden area by 0.78 acres |
| Lot width proposed at 65 feet | Lot width proposed at 75 feet | Increase of 10 feet in each proposed lot width. 75 feet is the lot width for R-3 per the UDC. No longer requesting a modification to the lot width. |
| Lot area proposed at 5,655 square feet | Lot with proposed at 6,525 square feet | Increase in proposed lot width 870 square feet |
| Each lot will have a 10 foot side setback on one side and a zero lot line setback on the opposite side | All lots will have a 10 foot side setback on each side (the 6 corner lots within the development will maintain 15 foot side setbacks) | No longer requesting a modification to the side setbacks. All lots will have the required per the UDC 10 foot side setbacks |
| Due to the reduced side yard setbacks, each duplex would be required to have fire walls and A/C condensers to be in the rear yard | Due to the side yards all being 10 feet, the fire wall paragraph of requirements have been removed | No longer proposing firewalls due to all lots having 10 foot side yard setbacks |
| Proposed 680 off street parking spaces | Proposed 560 off street parking spaces | With the reduction in overall unit counts to 140 units, the overall parking of 4 spaces per unit is reduced by 120 spaces |
| 16 parking spaces split between interior parks and mail station | 23 parking spaces split between interior parks and mail stations | Increase of 7 spaces across the interior parks and mail stations |
| Proposed overall parking spaces of 772 | Proposed overall parking spaces of 659 | Due to the reduction in unit count there are less parking spaces overall for the development |
The applicant is requesting action be taken at the September 5, 2023 City Council meeting based on the revised Planned Development District Design Standards as included within this agenda item.
The rest of this report has been modified to include the new proposed PDD Design Standards.
Public Notice:
One hundred seventeen (117) public hearing notices were mailed to the surrounding property owners on June 1, 2023. A public hearing notice was published in the "San Antonio Express" on June 28, 2023. At the time of this report (August 25, 2023, at 3:00pm) staff has received one hundred sixty-six (166) responses opposed, and thirty-two (32) response in favor, and three (3) responses neutral to the proposed rezoning request. As a note on the public hearing responses, there are fourteen (14) properties that had submitted either an opposition letter or an in favor letter, that subsequently submitted a differing response.
If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). At the time of this staff report (August 25, 2023, at 3:00pm) the total percentage of the protested parcel acreage is 28.50%, therefore, the 3/4 vote has been triggered for the September 5, 2023, City Council.
Proposed Zoning Concept:
The proposed development will be a gated community with no more than 140 units. These units will be spread across seventy (70) duplexes. Each unit is proposed to be between 1,300 square feet and 1,400 square feet and will feature three bedrooms, 2.5 baths, an eat-in kitchen, two living rooms, a laundry room, covered back patio, private yard, and a two-car garage.
The PDD Design Standards propose to conform with the Two-Family Residential District (R-3) zoning with modifications to the minimum lot area, lot depth, and setbacks as shown in the table below.
| Classification | Minimum Lot Size | Minimum Yard Setback | ||||
| Area Square Footage | Width Ft. | Depth Ft. | Front Ft. | Side Ft. | Rear Ft. | |
| Two-Family Residential District (R-3) Per the Unified Development Code |
9,000 | 75 | 120 | 25 | 10 | 20 |
| Proposed Two-Family Residential (R-3), Per The Villas at Bluebonnet Ridge PDD |
6,525 | 75 | 87 | 25 | 10 | 20 |
Parks and Amenities:
The proposed PDD plans to incorporate 8.52 acres of green space and amenities. This would include a pavilion, playground for the community, a concrete walking path. Additionally, a mail center is proposed with a covered pavilion, and additional parking access. There is also a proposed 0.29 acre space for youth sport facilities such as pickleball courts, a 2.73 acre private picnic / trail / community garden area, a 4.01 acre public walking trail contingent upon approval with LCRA to develop within the easement, and 0.74 acres of miscellaneous spaces and detention ponds.
Parking:
Per the City of Schertz Unified Development Code, duplexes have a required parking ratio of two (2) spaces per unit. The proposed The Villas at Bluebonnet Ridge has 140 units which would require 280 off-street parking spaces. However, per the proposed The Villas at Bluebonnet Ridge PDD Design Standards there are 659 proposed parking spaces across the development, including a total of 4 spaces per unit (2 within the driveway and an additional two in the garage), an additional 23 parking spaces split between the interior parks and mail station and an additional 76 spaces available on the street to use as overflow and guest parking.
HOA and Maintenance Proposed:
The proposed The Villas at Bluebonnet Ridge will be a gated community with an HOA established. The entire development both inside and outside the gates to include irrigation will be maintained by the HOA's maintenance crew. This includes maintenance of all common areas to include all proposed crushed granite walking trails, concrete pathways, neighborhood amenities and multi-use paths, all the front yards, side yards, and backyards of the duplexes. A 6-foot wood privacy fence will be installed along the boundary with The Fairways at Scenic Hills neighborhood.
GOAL
The project goal is to rezone approximately 25 acres of land, generally located approximately 2,200 feet southeast of the intersection of Country Club Boulevard and IH-35 access road, also known as a portion of Comal County Property Identification Number 377261 and Guadalupe County Property Identification 63833 from Pre-Development District (PRE) to Planned Development District (PDD) in order to develop a gated community with no more than 140 units spread across seventy (70) duplexes.
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
In 2022, the applicant submitted a zone change request to a Planned Development District (PDD) with a base zoning of Apartment/ Multi-Family Residential (R4). That proposal included approximately 220 units to be developed as fourplexes. On September 27, 2022, the City Council was unable to obtain the super majority needed for the approval of that zone change application, which ultimately lead to the application being denied. During the discussion at the September 27, 2022, City Council meeting there were concerns with the proposed density.
Based on the previous City Council feedback the developer made changes and proposed a different PDD to address the concerns presented at the September 27th meeting. At the January 25, 2023, Planning and Zoning Commission meeting and the February 28, 2023, City Council meeting the proposed PDD design concept was presented with a base zoning of Townhome District. That proposal was for a maximum of fifty-one (51) buildings consisting of no more than 198 units. Ultimately, at the April 25, 2023, City Council meeting the project was unable to obtain the required super majority for approval at the final reading and the item failed and the zone change request was denied.
The Schertz Sector Plan for Northern Schertz designates the subject property as Single-Family Residential. The Single-Family Residential land use designation encourages the mixture of various residential type development as well as maintaining a walkable neighborhood feel. The proposed rezoning to Planned Development District (PDD), with a base zoning of Two-Family Residential (R-3) does conform to the Comprehensive Land Use Plan designation as it would provide a needed mixture of housing type to Schertz. The current proposed The Villas at Bluebonnet Ridge PDD provides a reduction in density from the previous two proposal. By proposing no more than 140 units spread across 70 duplexes, it is both a reduction in overall unit density but also a different product type than what was previously proposed. This reduction in density was identified as being desirable by City Council.
Additionally, the proposal of duplexes does conform with the Schertz Sector Plan by providing for a type of residential housing that currently does not exist in the area. Additionally, the current proposal accommodates an area for the dedication and construction of the walking trail within the overhead electrical easement, contingent upon LCRA approval, which was desired by staff and City Council has expressed the importance of trails to be constructed with developments at the January 10, 2023 City Council meeting. This proposed trail is identified on the Schertz Transportation Plan-Trails Network and would ultimately be part of the "Great Northern Trail".
Proposed PDD Design Standards Update from the July 18th and August 1st City Council Meetings :
At the August 1, 2023 City Council meeting, the applicant requested that the item be tabled to the September 5th City Council meeting so they could make revisions to the proposed project. On August 22, the Planning Division received an update Planned Development Design Standards document with revised attachments. The modifications include reducing the overall unit density by 30 units for an overall proposed density of 140 units, reducing the overall duplex count by 15 units, for an overall duplex count of 70 units, requiring all lots to have a minimum side yard setback of 10 feet eliminating the need for the fire wall requirements that were previously proposed. Additionally, the applicant is proposing increased green space and amenities, and a reduction in overall parking based on the decrease in unit counts.
The proposed changes by the applicant are based on previous feedback from the City Council and the residents.
Based on the previous City Council feedback the developer made changes and proposed a different PDD to address the concerns presented at the September 27th meeting. At the January 25, 2023, Planning and Zoning Commission meeting and the February 28, 2023, City Council meeting the proposed PDD design concept was presented with a base zoning of Townhome District. That proposal was for a maximum of fifty-one (51) buildings consisting of no more than 198 units. Ultimately, at the April 25, 2023, City Council meeting the project was unable to obtain the required super majority for approval at the final reading and the item failed and the zone change request was denied.
The Schertz Sector Plan for Northern Schertz designates the subject property as Single-Family Residential. The Single-Family Residential land use designation encourages the mixture of various residential type development as well as maintaining a walkable neighborhood feel. The proposed rezoning to Planned Development District (PDD), with a base zoning of Two-Family Residential (R-3) does conform to the Comprehensive Land Use Plan designation as it would provide a needed mixture of housing type to Schertz. The current proposed The Villas at Bluebonnet Ridge PDD provides a reduction in density from the previous two proposal. By proposing no more than 140 units spread across 70 duplexes, it is both a reduction in overall unit density but also a different product type than what was previously proposed. This reduction in density was identified as being desirable by City Council.
Additionally, the proposal of duplexes does conform with the Schertz Sector Plan by providing for a type of residential housing that currently does not exist in the area. Additionally, the current proposal accommodates an area for the dedication and construction of the walking trail within the overhead electrical easement, contingent upon LCRA approval, which was desired by staff and City Council has expressed the importance of trails to be constructed with developments at the January 10, 2023 City Council meeting. This proposed trail is identified on the Schertz Transportation Plan-Trails Network and would ultimately be part of the "Great Northern Trail".
Proposed PDD Design Standards Update from the July 18th and August 1st City Council Meetings :
At the August 1, 2023 City Council meeting, the applicant requested that the item be tabled to the September 5th City Council meeting so they could make revisions to the proposed project. On August 22, the Planning Division received an update Planned Development Design Standards document with revised attachments. The modifications include reducing the overall unit density by 30 units for an overall proposed density of 140 units, reducing the overall duplex count by 15 units, for an overall duplex count of 70 units, requiring all lots to have a minimum side yard setback of 10 feet eliminating the need for the fire wall requirements that were previously proposed. Additionally, the applicant is proposing increased green space and amenities, and a reduction in overall parking based on the decrease in unit counts.
The proposed changes by the applicant are based on previous feedback from the City Council and the residents.
RECOMMENDATION
Staff Recommendation:
The Planning Division, Engineering Department, Public Works Department and Fire Department have all reviewed the proposed The Villas at Bluebonnet Ridge Planned Development District design standards with no objections to the proposed. Staff recommends approval of the proposed zone change to Planned Development District (PDD) as presented with the modifications made by the applicant as presented within this agenda item.
Planning and Zoning Commission Recommendation:
The Schertz Planning and Zoning Commission met on June 14, 2023 and voted to recommend that City Council approve the proposed zone change with corrections to the PDD Design Standards in relation to the Impervious Coverage and the UDC acreage requirement for gated communities by a 5-1 vote with Commissioner Hector with the nay vote.
The Planning Division, Engineering Department, Public Works Department and Fire Department have all reviewed the proposed The Villas at Bluebonnet Ridge Planned Development District design standards with no objections to the proposed. Staff recommends approval of the proposed zone change to Planned Development District (PDD) as presented with the modifications made by the applicant as presented within this agenda item.
Planning and Zoning Commission Recommendation:
The Schertz Planning and Zoning Commission met on June 14, 2023 and voted to recommend that City Council approve the proposed zone change with corrections to the PDD Design Standards in relation to the Impervious Coverage and the UDC acreage requirement for gated communities by a 5-1 vote with Commissioner Hector with the nay vote.
Attachments
- Ord 23 S 14 w attachments
- Aerial Exhibit
- Public Hearing Notice Map
- Public Hearing Responses as of August 25, 2023 at 3:00PM
- City Council Presentation Slides