The applicant is requesting to rezone approximately 3.3 acres of land to Single-Family Residential (R-6), a portion of a larger 4.25 acre tract that is currently zoned Manufacturing - Light District (M-1).

The subject property has a permitted business that operates on the property. However, there is a non-conforming use of a residence on the property as well. Both of which the current property owner owns. The current zoning district does not permit residential uses, and the applicant's intent is to build a larger home on the property. In order to accomplish this, the applicant is proposing to zone change portions of the property to allow both residential uses, and allow for the existing business to continue as well.

On June 21, 2024, six (6) 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, zero (0) responses 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 July 17, 2024. Additionally, one (1) sign was placed on the property.


Subject Property:

	Zoning	Land Use
Existing	Manufacturing - Light (M-1)	Paving Business and Residential
Proposed	Manufacturing - Light (M-1) & Single-Family Residential (R-6)	Paving Business and Residential

Adjacent Properties: 

	Zoning	Land Use
North	Manufacturing - Light (M-1)	Residential
South	Right of Way	FM 482
East	Manufacturing - Light (M-1)	Residential
West	Manufacturing - Light (M-1)	Residential

The proposed zone change is for approximately 3.3 acres of land to Single-Family Residential (R-6).

It is the City’s desire to promote 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 Comprehensive Plan designates this area as Mixed-Use Center, which is intended to integrate residential, commercial, and often entertainment spaces nearby, typically along significant transportation corridors. 

The rationale for designating this area Mixed-Use Center comes from the previous Comprehensive Plan, which had a similar designation further to the west that was intended to be a "new town center". This was a goal based on the potential that the IH35 corridor became more consolidated and integrated with passenger rail connections. While passenger rail is still a real possibility, it has been slow to take hold, and the properties that were once this designation have now started to develop as industrial/warehouse uses. When the Comprehensive Plan update was underway, decision makers in the city saw the value of this vision and wished to continue this plan but in areas of Schertz further to the East. Where the subject property is located.

The area is mostly zoned Manufacturing - Light District (M-1), and while it does have some current industrial uses, most properties are either undeveloped or rural residences. The goal to create a Mixed-Use Center should be to encourage denser residential development and complementary commercial businesses. By rezoning portions of this property Single-Family Residential (R-6), the applicant is incrementally creating residential density and conforming with the intent of the Comprehensive Land Use Plan.

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 the health, safety, and general welfare of the city, it is important to mitigate the impact that zoning districts and adjacent land uses have on each other. The surrounding area consists of open space, residences, Danville Middle School, and property to the west zoned Apartment/Multi-Family District (R-4). While this area is zoned for industrial uses, it is evolving to function more like a neighborhood. In order to ensure the safe, orderly and efficient development and expansion of the City in accordance with and pursuant to its Comprehensive Land Plan, staff feels that the proposed zone change aligns with the purpose and intent of the Unified Development Code.

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.
The immediate area being primarily schools, residences, or open space, the proposed zone change would help align the property's zoning district with what the current uses are in the vicinity.  For this reason, the residential uses in the proposed zone change would be appropriate.


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 property abuts FM 482 which is designated as a principal arterial, indicating that this road will accommodate denser development in the future.

The property has access to water (12-inch line) and sewer (8-inch line) facilities that run along FM 482. The applicant is required to connect to adequate utility facilities per Unified Development Code Article 15 - Easements and Utilities, and a more detailed engineering review will occur at the time of the platting process.

A public hearing notice was mailed to Comal Independent School District to notify them of the proposed zone change. 

Schertz Fire, EMS, and Police Departments were notified of the zone change and have provided no objections.

5. Whether there have been environmental and/or economical changes which warrant the requested change.
There have been no environmental or economic changes that warrant the requested zone change. 

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 subject property. 

7. Whether all of the applicant's back taxes owed to the City have been paid in full.
This does not impact the first reading of City Council.

8. Whether other criteria are met, which, at the discretion of the 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 City Council.

Therefore, Staff is recommending approval of Ordinance 24-S-145.

On July 3rd, 2024 The Planning and Zoning Commission held a public hearing and recommended approval with a 6-0 vote. 

Approval of Ordinance 24-S-145