The applicant is proposing to rezone approximately thirty-eight (38) acres of land from General Business District (GB) and Single-Family Residential/Agricultural District (R-A) to Apartment/Multi-Family Residential District (R-4) in order to develop a multi-family development with a maximum density of twenty-four (24) units per acre. 

The applicant previously requested a zone change on the same property (this time the applicant has added approximately 18 acres from the previous 20 acres) for the same district. On September 13, 2023, the Planning and Zoning Commission recommended approval with a 7-0 vote, but the request was denied at the October, 10, 2023, City Council hearing due to the requirement of needing a 3/4 vote for approval due to the owner's of more than 20% of the property in the 200' notice area having submitted a written protest. The previous request received an affirmative vote of 5-2. However, due to the protest received, council would have had to vote 6-1 to approve the request.

Unified Development Code (UDC) Section 21.5.4.C.5 states: A request for a zoning change or zoning map amendment for a tract of land shall not be considered by the Planning and Zoning Commission or the City Council within six (6) months after the Council's decision to deny the request unless the request is to a different zoning classification or there has been a substantial change in the conditions surrounding the parcel since the initial request.

On June 21, 2024, twenty-one (21) 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, nine (9) responses in favor, zero (0) responses neutral, and thirteen (13) responses in opposition have been received.

A public hearing notice was published in the "San Antonio Express" on August 14th, 2024. Additionally, two (2) signs were placed on the subject property.

As mentioned above, UDC section 21.5.4.E states that "if a proposed zoning change or zoning map amendment is protested in accordance with this section, 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). The protest must be written and signed by the owners of at least twenty percent (20%) of either:
a. The area of the lots or land covered by the proposed zoning change or zoning map amendment; or
b. 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 total percentage of the protest parcel acreage is 28.7%, therefore the ¾ affirmative vote requirement is triggered. This was the same situation for the September 3, 2024, City Council meeting. However, Council did approve the request with a 6-1 vote which meets the ¾ affirmative vote requirement.

Subject Property:

	Zoning	Land Use
Existing	General Business District (GB) and Single-Family Residential / Agricultural District (R-A)	Residential / Undeveloped
Proposed	Apartment/Multi-Family Residential District (R-4)	Apartment/Multi-Family

Adjacent Properties: 

	Zoning	Land Use
North	General Business District (GB)  Single-Family Residential / Agricultural District (R-A) Right of Way Public Use District (PUB)	Residential, Undeveloped, IH35 Access Road, City of Schertz Water Tower
South	Right of Way	Old Weiderstein Road
East	General Business District (GB)  Single-Family Residential / Agricultural District (R-A)	Undeveloped, Residential, Agricultural
West	General Business District (GB)  Manufacturing - Light District (M-1)	Commercial, Undeveloped

The applicant is requesting to rezone the approximately 38 acres of land from General Business District (GB) and Single-Family Residential/Agricultural District (R-A) to Apartment/Multi-Family Residential District (R-4), in order to develop a multi-family residential development. 

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 denser residential, commercial, and often entertainment spaces nearby, typically along significant transportation corridors. The proposed Apartment/Multi-Family District (R-4) would conform to this land use designation in the Comprehensive Plan as this would be the denser residential specifically called out in the Comprehensive Plan. Furthermore, this property abuts major transportation corridors. 

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;
In order to ensure the safe, orderly and efficient development and expansion of the City, Apartment/Multi-Family Residential Districts (R-4) should not be located in areas where they would increase traffic through single-family neighborhoods and should be located adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. While there are residences in the vicinity, the property is not adjacent to any large single-family neighborhoods. Also, the proposed zone change is adjacent to IH35 to the north, a principal arterial, and Old Weiderstein Road to the south, a secondary arterial. 

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 area is defined by undeveloped land, rural-like residences, commercial businesses, and a large mixed-use development that includes a multi-family component currently under construction to the west. The uses permitted within the proposed zone change would align with what is happening in the wider area. Additionally, Article 9 of the Unified Development Code is in place to ensure any negative impacts on the other residences in the area are mitigated.

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 Master Thoroughfare Plan shows two future roadways running through portions of this property. An east-west connector classified as a residential collector and a future north-south connector classified as a secondary arterial. This demonstrates that the city is anticipating additional housing/activity in this area, and a need for new roadways.

Water utilities are available to the property from a couple of options, a 12-inch water line along the IH35 access road and a 16-inch water line that runs through portions of the property. For sewer, there is an 8-inch line and a manhole approximately 900-feet to the west in the neighboring property, and a 24-inch sewer line that runs along Dean Road approximately 200 feet to the south of the property. 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 SCUCISD to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 4Q22 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation. Additionally, the large property zoned Manufacturing - Light District (M-1) directly adjacent to the west is owned by SCUCISD. 

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.
As has been a topic of discussion over the last few years, the significant rise in housing prices supports looking to increase the supply of multi-family housing. As has been mentioned in the past at P&Z, the new median home value in SCUCISD has risen to over $430,000 from $210,650 in the pats 10 years.

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 Planning and Zoning Commission recommendation to 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 Planning and Zoning Commission or the City Council.

The zone change request conforms to the Comprehensive Plan, meets the intent of the Unified Development Code, and adheres to the Criteria for Approval. Therefore, Staff is recommending approval of Ordinance 24-S-146.

On July 3rd, 2024, the Planning and Zoning Commission met and recommended approval of the request with a 6-0 vote.

On September 3, 2024, City Council approved the request with a 6-1 vote which meets the ¾ affirmative vote requirement.

Approval of Ordinance 24-S-146