The property owners are requesting to rezone approximately 3.6 acres of land to Single-Family Residential/ Agricultural District (R-A). The subject property is currently not platted and contains a residence.

On May 20, 2024, nine (9) 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, one (1) response in favor, zero (0) responses neutral, and zero (0) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on June 12, 2024. Additionally, one (1) sign was placed on the subject property by the applicant. The Planning and Zoning Commission held a public hearing for this item on June 5, 2024.

The applicant is requesting to rezone approximately 3.6 acres from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A).

It is the City's desire to promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. 

When evaluating zone changes, staff uses the 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 subject property is designated as Local Corridor in the Comprehensive Land Plan - Future Land Use Map. Local Corridor is described as areas with commercial and entertainment along major thoroughfares with a development ratio of 20% Residential and 80% Non-Residential development.

Although Single-Family Residential/ Agricultural District (R-A) does not allow for commercial or entertainment uses, the subject property and immediate area consist of agricultural uses and rural residences. The property is currently a residence, no development is being proposed, and the immediate area consists of agricultural uses, thus the Single-Family Residential/ Agricultural District (R-A) being requested is appropriate in this area as there is still a lack of development that meets the Local Corridor Land Use Designation. Additionally, the Comprehensive Land Use Plan stipulates that a percentage of residential areas could still exist in the Local Corridor Land Use Designation. In the future, if there is a proposed zone change to a more intense zoning district, that zoning district will be evaluated based on its implementation of the policies of the adopted Comprehensive Land Use Plan and Future Land Use Map. 

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 dimensional requirements for Single-Family Residential/ Agricultural District (R-A), as listed in Table 21.5.7.A of UDC Section 21.5.7, are compatible within the immediate area of the subject property. The subject property is approximately 3.6 acres and surpasses the minimum square footage required in the Single-Family Residential/ Agricultural District (R-A).
 

Table 21.5.7.A Dimensional Requirements Residential Zoning Districts
		Minimum Lot Size Requirements			Minimum Yard Setbacks					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	Max Impervious Coverage
R-A	Single-Family Residential/ Agricultural District	21,780	-	-	25	25	25	2	35	50%

The existing Pre-Development District (PRE) zoning, as per UDC Section 21.5.5, is only intended as a temporary designation for existing uses for newly annexed property, but no improvements, construction, or structures may be undertaken without obtaining a building permit. A building permit cannot be pulled without the proper zoning. The proposed zone change to Single-Family Residential/ Agricultural District (R-A), would allow the applicant to pull building permits to ensure safe and orderly development.

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 uses permitted in Single-Family Residential/ Agricultural District (R-A) are appropriate in 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 as 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 utilities to the area;

The subject property utilizes an on-site septic system and is in the Green Valley CCN for water. FM 482 is a TXDOT road that is only two lanes, with one lane in each direction. Per the Master Thoroughfare Plan, FM 482 is identified as a principal arterial with a planned 120'-130' right-of-way width. In the current Master Thoroughfare Plan, Friesenhahn Lane is identified as a Commercial Collector A, with a proposed final 70-foot right-of-way width. Although no development is being proposed at this time, any proposed improvements or access points will need to be reviewed by the Texas Department of Transportation and the City of Schertz Engineering Department. A public hearing notice was mailed to Comal Independent School District to notify them of the proposed zone change.

5. Whether there have been environmental and/or economical changes which warrant the requested change.

No, there are no environmental or economic changes that warrant the requested zone change. The subject property was annexed into the City of Schertz in 2010 with Ordinance 10-A-19. The subject property currently has the Pre-Development District (PRE) zoning designation, which was meant to be a temporary designation for properties annexed into the City of Schertz as per UDC Section 21.5.5.A.

6. Whether there is an error in the original zoning of the property for which a change is requested.

No, there was no error in the original zoning of the property.

 7. Whether all of the applicant's back taxes owed to the City have been paid in full.

All back taxes owed have been paid in full.

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 application and at this time have not received special considerations from the Planning and Zoning Commission or City Council.

Staff Recommendation
The proposed zone change to Single-Family Residential/ Agricultural District (R-A) is compatible with the immediate area, thus Staff recommends approval of Ordinance 24-S-141.

Planning and Zoning Commission
The Planning and Zoning Commission met on Wednesday, June 5, 2024, and made a recommendation of approval to City Council by a unanimous vote.

City Council
The City of Schertz City Council met on July 2, 2024, and approved Ordinance 24-S-141 a unanimous vote.