Owner: Schertz Station LTD
Applicant: Merit
Engineer: Kimley-Horn

Merit, on behalf of Schertz Station LTD, has requested a variance to Ordinance 22-S-44, Schertz Station PDD, Area I, Section D- Transportation, which requires a minimum 15-foot landscape buffer along IH-35 N Access Road.

The requested variance is to allow the landscape buffer along IH-35 N Access Road to be reduced to 10 feet. Ultimately, if approved, the variance would allow the landscape buffer width for all properties within the Schertz Station PDD in Area I and along IH-35 N Access Road, to be 10 feet with no changes requested to the required tree planting amounts.

The public hearing notice was published in the "San Antonio Express" on June 19, 2024. There were five (5) notices mailed to surrounding property owners on June 21, 2024. At the time of this staff report, staff has received two (2) responses in favor, zero (0) responses neutral, and zero (0) responses in opposition.

The subject property is a total of approximately 75 acres that is zoned Planned Development District (PDD). A zone change was approved in December 2022, with Ordinance 22-S-44, to Planned Development District (PDD). The Schertz Station PDD consists of four (4) development areas that include commercial and retail along thoroughfares and multifamily rental units. Areas 1, 2, and 4 contain all the commercial and retail, with Area 3 being the multifamily component. The requested variance is for a portion of Area 1, specifically proposed Lots 1 through 7, which are all along IH-35 N Access Road.

Since the approval of Ordinance 22-S-44, the applicant has gone through the development process, specifically for Preliminary Plat Certification, Preliminary Plat, Final Plat Certification for the Multifamily, Final Plat Certification for the Commercial, Final Plat recordation for the Multifamily, Site Plan Certification for Lots 5,6,7,8, and has approved Site Plans for Lots 5,6,7,8, and has building permits for lots 5,6,7,8 ready to be released with the recordation of the Final Plat for the Commercial. 

As the applicant was submitting applications and going through the development process, the Texas Department of Transportation (TxDOT) was simultaneously going through the beginning phases of the IH-35 Northeast Expansion (NEX) project. The subject property is affected by the "North Project" portion of the I-35 NEX project that is still in the design phases as per the Texas Department of Transportation Website. As per the letter of intent and variance justification form, the applicant was using the base survey for all development applications used in the zone change application in 2022. With the submittal of the Final Plat Application for the Commercial Portion, the applicant discovered that the base survey used for the zone change and all other development applications did not account for additional Right-of-Way acquisitions made by TxDOT after the initial acquisitions by TxDOT, at the subject property. The updated survey moves the TxDOT Right-of-Way line approximately 5 to 6 feet into the subject property. 

Although the Right-of-Way changes do not severely impact the plat applications, it does impact the site plan applications that were already certified and approved. The Schertz Station PDD, Area I, Section D- Transportation is written as follows.

The property is located northeast if the intersection of IH-35 N Access Road and Cibolo Valley Drive. 
 

Existing Zoning	Land Use
Planned Development District (PDD)	Undeveloped;  Ordinance 22-S-44 Schertz Station PDD ( Planned Commercial, Retail, Restaurants, and Multifamily)

Adjacent Properties: 

	Zoning	Land Use
North	Right-of-Way	IH-35 N Access Road
South	Planned Development District (PDD) and Planned Right-Of-Way	Schertz Station and Future Road
East	Right-of-Way	Cibolo Valley Drive
West	Planned Development District (PDD)	Ordinance 18-S-37; Evo Property

According to the Unified Development Code (UDC), Article 3, Section 21.3.4.B, to make a finding of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following:

1. The requested variance does not violate the intent of the UDC or its amendments;
As per UDC Article 14, Section 21.14.3- Additional Design Requirements, the purpose of the additional design requirements is to ensure uniform and quality development along certain streets to create attractive environments compatible with businesses and residential dwellings. 

Ordinance 22-S-44, Schertz Station PDD, Area I, Section D- Transportation, requires a minimum fifteen-foot (15') wide landscape buffer adjacent to any public right-of-way. The applicant is proposing a reduction in the minimum landscape buffer width to 10 feet for the proposed Schertz Station Subdivision Lots 1-7, Block 1. Although a reduction in the landscape buffer width is being requested for the proposed Lots 1 through 7 along IH-35 N Access Road, the required tree plantings will still be provided at one (1) tree per twenty (20) linear feet. 

Although there have been additional TxDOT Right-of-Way acquisitions at the subject property, the landscaping provided from IH-35 N Access Road to the subject property parking, will not be reduced. As per the variance exhibits provided by the applicant, the property boundaries are moving toward the proposed buildings, which is where the proposed development loses 5 feet of landscape buffer that was on their property. If the variance is approved, the landscape buffering that was being proposed will still be provided, but five feet will be within TxDOT property.

Due to the subject property still proposing to provide one (1) tree per twenty (20) linear feet and the landscape buffer remaining the same from IH-35 N Access Road to the proposed development parking, the requested variance to reduce the landscape buffer to 10-feet on the subject property does not violate the intent of the Unified Development Code or its amendments.

2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district;

There are no special conditions in the restricted area, topography, or physical features that exist that are unique to the subject property that do not apply to other parcels of land in the same zoning district. However, the subject property is at the intersection of the IH-35 NEX Central and North Projects with a proposed Elevated Lanes Access Point at the intersection of TxDOT IH-35 N Access Road and Cibolo Valley Drive. The design process for the TxDOT projects resulted in additional right-of-way being acquired by TxDOT since the start of the project design process.

3. The hardship is not the result of the applicant's own actions; or

The hardship is not a result of the applicant's own actions. As per the letter of intent submitted by the applicant, the current plat applications and site plans used a base survey that did not account for the additional right-of-way acquisitions TxDOT made. The survey was the same one used in 2022 for Ordinance 22-S-44, the approved zone change request to Planned Development District.

The Texas Department of Transportation (TxDOT) has been acquiring right-of-way along IH-35 N Access Road for the I-35 Northeast Expansion (NEX) project. TxDOT acquired right-of-way from the subject property to accommodate their project, thus reducing the available acreage and moving the property lines of the subject property. At another point, TxDOT acquired additional right-of-way from the subject property and moved the property lines back again, which was not accounted for during the development process as TxDOT just informed the applicant and made them aware of the discrepancy.

As per the letter of intent, the applicant became aware of the additional acquired right-of-way before the recordation of the proposed Final Plat that would record the Schertz Station Subdivision proposed Lots 1-10 and 12, Block 1. Additionally, the applicant already has a certified preliminary plat, final plat, and certified and approved site plans for the proposed commercial lots 5 through 8 that are located along IH-35 N Access Road. When the applicant became aware of the base survey error, they immediately notified Staff and demonstrated that although their property lines were changing, the landscaping along IH-35 was not changing. 

4. The interpretation of the provisions in this UDC or any amendments thereto would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions.

The applicant submitted plat and site plan applications based on a survey they believed was still correct. When the applicant became aware of the additional acquisition and their base survey being incorrect, they immediately notified Staff and demonstrated that the purpose and intent of the additional design requirements for properties along IH-35 N Access Road were still being met.

If the requested variance is not approved, the applicant will need to go through the development process again. This would include resubmitting plat certification and formal applications, site plan certification and formal applications, and building permit applications, which could cause delays in development and the potential loss of future tenants. Allowing this variance does not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. 

Staff recommends approval of PLVAR20240138, to allow all properties within Area 1 of the Schertz Station PDD, located along IH-35 N Access Road, to reduce their landscape buffer width from 15 feet to 10 feet.