Agenda No. 5.
CITY COUNCIL MEMORANDUM
| City Council Meeting: | May 7, 2024 |
| Department: | Planning & Community Development |
| Subject: | Ordinance 24-S-18 - Conduct a public hearing and consider a request to rezone approximately 1.8 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), known as Bexar County Property Identification Number 308385, also known as 12396 Schaefer Road, City of Schertz, Bexar County, Texas. First Reading (B.James/L.Wood/D.Marquez) |
BACKGROUND
The applicant is requesting to rezone approximately 1.8 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A). The subject property is currently a single-family home.
On March 20, 2024, ten (10) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, seven (7) responses in favor, zero (0) responses neutral, and zero (o) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on April 10, 2024. Additionally, one (1) sign was placed on the property. The Planning and Zoning Commission held a public hearing for this item on April 3, 2024.
On March 20, 2024, ten (10) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, seven (7) responses in favor, zero (0) responses neutral, and zero (o) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on April 10, 2024. Additionally, one (1) sign was placed on the property. The Planning and Zoning Commission held a public hearing for this item on April 3, 2024.
GOAL
The proposed zone change is for approximately 1.8 acres of land to Single-Family Residential/ Agricultural District (R-A). The applicant wished to rezone their property to be able to pull future permits for their home.
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
To the north of the property, there are single-family homes within the City of Schertz Extraterritorial Jurisdiction (ETJ). To the east and south, the property is Pre-Development District (PRE) and is used for agriculture and is undeveloped. To the west of the property is Right-of-Way, also known as Schaefer Road.
When evaluating zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below.
1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map;
The proposed Single-Family Residential / Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan.The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of the Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering the appropriateness of housing density, factors such as roadway classification and conflicts among land uses should be considered. The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designation as per its statement of purpose and intent from UDC Section 21.5.5.
The intention of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. The surrounding properties include single-family homes and some agricultural uses that are within the City of Schertz Extraterritorial Jurisdiction (ETJ), with some still maintaining Pre-Development District (PRE) since their annexation.
2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;
As part of promoting health, safety, and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7.A of the Unified Development Code, are compatible with what is in the surrounding area.
3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;
Yes, the permitted uses in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential/ Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long is practical and reasonable, with minimum half-acre lots, and where development may be premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5.
4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utlities to the area;
The entry point for the subject property is on Schaefer Road. Schaefer Road is a Secondary Arterial with a 90-foot Right-of-Way. To the south of the subject property, Raf Burnette is a Planned Secondary Arterial with a 90-foot Right-of-Way and is also known as the planned East & West Connector.
The subject property is currently serviced by the City of Schertz for water. The property currently has an on-site septic system.
A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation. The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services.
5. Whether there have been environmental and/or economical changes which warrant the requested change;
When the property was annexed, the property was established as Pre-Development District (PRE). The intent of the Pre-Development District (PRE) is to be a temporary designation for existing uses or newly annexed properties. The applicant would like to pull building permits for their home and since Pre-Development District (PRE) is simply a placeholder, a zone change is required.
6. Whether there is an error in the original zoning of the property for which a change is requested;There was no error in the original zoning of the property.
The property has been Pre-Development District (PRE) since it was annexed into the City of Schertz in 2011 with Ordinance 11-A-22. Pre-Development District (PRE) is a placeholder and this property along with others in this area and around southern Schertz were given Pre-Development District (PRE) instead of zoning each individual property.
7. Whether all of the applicant's back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and,
This does not impact the first reading at City Council.
8. Whether other criteria are met, 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.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council.
When evaluating zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below.
1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map;
The proposed Single-Family Residential / Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan.The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of the Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering the appropriateness of housing density, factors such as roadway classification and conflicts among land uses should be considered. The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designation as per its statement of purpose and intent from UDC Section 21.5.5.
The intention of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. The surrounding properties include single-family homes and some agricultural uses that are within the City of Schertz Extraterritorial Jurisdiction (ETJ), with some still maintaining Pre-Development District (PRE) since their annexation.
2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;
As part of promoting health, safety, and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7.A of the Unified Development Code, are compatible with what is in the surrounding area.
| Table 21.5.7.A Dimensional Requirements Residential Zoning Districts |
||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Minimum Lot Size Dimensions | Minimum Yard Setback (Ft) | Miscellaneous Lot Requirements | ||||||||
| Code | Zoning District | Area Sq.Ft | Width Ft. | Depth Ft. | Front Ft. | Side Ft. | Rear Ft. | Minimum Off-Street Parking Spaces | Max Height Ft. | Max Impervious Coverage |
| R-A | Single-Family Residential/ Agricultural | 21, 780 | - | - | 25 | 25- | 25 | 2 | 35 | 50% |
Yes, the permitted uses in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential/ Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long is practical and reasonable, with minimum half-acre lots, and where development may be premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5.
4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utlities to the area;
The entry point for the subject property is on Schaefer Road. Schaefer Road is a Secondary Arterial with a 90-foot Right-of-Way. To the south of the subject property, Raf Burnette is a Planned Secondary Arterial with a 90-foot Right-of-Way and is also known as the planned East & West Connector.
The subject property is currently serviced by the City of Schertz for water. The property currently has an on-site septic system.
A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation. The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services.
5. Whether there have been environmental and/or economical changes which warrant the requested change;
When the property was annexed, the property was established as Pre-Development District (PRE). The intent of the Pre-Development District (PRE) is to be a temporary designation for existing uses or newly annexed properties. The applicant would like to pull building permits for their home and since Pre-Development District (PRE) is simply a placeholder, a zone change is required.
6. Whether there is an error in the original zoning of the property for which a change is requested;There was no error in the original zoning of the property.
The property has been Pre-Development District (PRE) since it was annexed into the City of Schertz in 2011 with Ordinance 11-A-22. Pre-Development District (PRE) is a placeholder and this property along with others in this area and around southern Schertz were given Pre-Development District (PRE) instead of zoning each individual property.
7. Whether all of the applicant's back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and,
This does not impact the first reading at City Council.
8. Whether other criteria are met, 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.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council.
RECOMMENDATION
The proposed zone change to Single-Family Residential/Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property, thus Staff recommends approval of Ordinance 24-S-18.
The Planning and Zoning Commission met on April 3, 2024, and made a recommendation of approval with a 6-0 vote.
The Planning and Zoning Commission met on April 3, 2024, and made a recommendation of approval with a 6-0 vote.
Attachments
- Ordinance 24-S-18 with attachments
- Aerial Exhibit
- Public Hearing Notice Map
- Public Hearing Responses
- Zoning Exhibit
- SCUCISD 10 Year Campus Forecasting
- SCUCISD Demographic Report
- 200' Notification Protest Map
- City Council Presentation Slides