The applicant is requesting to rezone approximately 71 acres of land from Single-Family Residential/ Agricultural District (R-A) and Agricultural District (AD) to approximately 41 acres as Single-Family Residential District (R-2) and approximately 30 acres as Single-Family Residential District (R-6). The subject property was recently annexed, is not platted, and is undeveloped.

On July 22, 2024, a total of thirteen (13) public hearing notices were mailed to surrounding property owners within a 200-foot notification boundary of the subject property. At the time of the staff report, zero (0) responses in favor, zero (0) responses neutral, and four (4) responses in opposition were received. A public hearing notice was published in the "San Antonio Express" before the City Council Meeting on August 14, 2024. The Planning and Zoning Commission met on Wednesday, August 7, 2024, and held a public hearing on this item.

If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20%) of 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 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 opposition letters received have triggered the three-fourths (3/4) affirmative vote for this proposed zone change.

The applicant is requesting to rezone approximately 71 acres of land from Single-Family Residential/ Agricultural District (R-A) and Agricultural District (AD) to approximately 41 acres as Single-Family Residential District (R-2) and approximately 30 acres as Single-Family Residential District (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.

Yes, the proposed Single-Family Residential District (R-6) and Single-Family Residential District (R-2) implement the policies of the adopted Comprehensive Land Use Plan- Future Land Use Map. The subject property is designated as Complete Neighborhood in the Future Land Use Map. Complete Neighborhoods are general areas characterized by a mixture of housing options with supporting land uses. The proposed Single-Family Residential District (R-6) and Single-Family Residential District (R-2) will provide a mixture of housing options within a proposed residential development which meets the intent of the Complete Neighborhood Land Use Designation.

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 proposed Single-Family Residential District (R-6) and Single-Family Residential District (R-2) dimensional and development standards as stated in UDC 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 for Residential Zoning Districts
		Minimum Lot Size Requirements			Minimum Yard Setbacks				Miscellaneous Lot Requirements
Code	Zoning District	Area SqFt.	Width Ft.	Depth Ft.	Front Ft.	Side Ft.	Rear Ft.	Minimum Off-Street Parking Spaces	Max Height Ft.	Maximum Impervious Coverage
R-2	Single-Family Residential District	8,400	70	120	25	10	20	2	35	50%
R-6	Single-Family Residential District	7,200	60	120	25	10	20	2	35	50%

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 the Single-Family Residential District (R-6) and Single-Family Residential District (R-2) are appropriate in the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential District (R-6) is to allow for residential lots with a minimum lot size of 7,200 square feet with schools, churches, and parks necessary to create basic neighborhood units. The purpose and intent of Single-Family Residential District (R-2) is to allow for single-family detached residential with a minimum lot size of 8,400 square feet with schools, churches, and parks necessary to create basic neighborhood units.

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 City of Schertz is the water and sewer provider for the subject property. Lower Seguin Road is identified as a Secondary Arterial with 90 feet of Right-of-Way in the Master Thoroughfare Plan. There is a Principal Arterial with 120-130 feet of Right-Of-Way on the western portion of the subject property. The subject property is not platted. The City of Schertz Engineering Department will review all proposed access points onto Lower Seguin Road during the platting process.

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 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;

The subject property was annexed to the City of Schertz in July 2024 and was given Agricultural District (AD) zoning with annexation. The applicant was waiting for the annexation to start their proposed zone change request. Significant changes are happening to Lower Seguin Road with new residential developments that are concurrent with the FM 1518 construction. 

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. The subject property was given the Agricultural District (AD) zoning with its annexation in July 2024.

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

All back taxes have been paid.

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
Due to the compatibility with the surrounding area, and implementation of the policies in the Comprehensive Land Use Plan and Future Land Use Map, Staff recommends approval of Ordinance 24-S-148.

Planning and Zoning Commission Recommendation
The Planning and Zoning Commission met on Wednesday, August 7, 2024, held a public hearing for Ordinance 24-S-148, and made a recommendation of approval with a 7-0 vote.

City Council
City Council met on Tuesday, September 3, 2024, and approved Ordinance 24-S-148 with a 7-0 vote.