| PLANNING AND ZONING COMMISSION MEETING: 11/06/2024 Agenda Item 5 B |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | |
| SUBJECT: | PLZC20240242 - Hold a public hearing and make a recommendation on a request to rezone approximately 19.94 acres of land from General Business District (GB), Agricultural District (AD), and Pre-Development District (PRE) to Apartment / Multifamily District (R-4), more specifically known as 5524 Eckhardt Road, also known as Comal County Property Identification Numbers 75449 and 78233, City of Schertz, Comal County, Texas. |
BACKGROUND
Per the letter of intent, the applicant is seeking to rezone portions of their property to Apartment / Multifamily District (R-4).
On October 25, 2024, 16 public hearing notices were mailed to the surrounding properties 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 one (1) response in opposition have been received. A public hearing notice will be published in the "San Antonio Express" prior to the City Council Meeting. Additionally, one (1) sign was placed on the subject property.
Subject Property:
Adjacent Properties:
On October 25, 2024, 16 public hearing notices were mailed to the surrounding properties 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 one (1) response in opposition have been received. A public hearing notice will be published in the "San Antonio Express" prior to the City Council Meeting. Additionally, one (1) sign was placed on the subject property.
Subject Property:
| Zoning | Land Use | |
| Existing | General Business District (GB), Agricultural District (AD), and Pre-Development District (PRE) | Undeveloped and Residence |
| Proposed | Apartment / Multifamily District (R-4) | Multifamily Development |
Adjacent Properties:
| Zoning | Land Use | |
| North | Right of Way | IH 35 |
| South | General Business District (GB) and Agricultural District (AD) | Rural Residence/Ag Use |
| East | General Business District (GB) and Pre-Development District (PRE) | Residential, Commercial Use |
| West | Right of Way | Eckhardt Road |
GOAL
The goal is to rezone the property to Apartment / Mulitfamily District (R-4).
COMMUNITY BENEFIT
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth.
SUMMARY OF RECOMMENDED ACTION
When evaluating Zone Change applications, staff uses the Criteria for Approval located in UDC Section 21.5.4.D.
1. Whether the proposed zoning change implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans;
The Comprehensive Plan designates this area as "Regional Corridor", which is intended to provide commercial and entertainment areas along major thoroughfares. Larger multifamily complexes may also be appropriate for Regional Corridor. For this reason, the proposed zone change is consistent with the Comprehensive Plan.
2. Whether the proposed zoning change promotes the health, safety, and general welfare of the City.
As part of promoting health, safety, and general welfare, zone change requests should align with the Unified Development Code (UDC) and city policy. Additionally, the UDC was recently amended on October 22, 2024, with City Council's approval of Ordinance 24-S-156. This new text to the UDC explicitly states that Apartment / Multifamily Districts (R-4) "shall not be located in areas where they would increase traffic with access through single-family neighborhoods and shall be located adjacent to arterial streets". Eckhardt Road is classified as a "collector". For this reason, this request does not promote health, safety, and general welfare.
3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area;
Given the immediate area being largely undeveloped and residential, the permitted uses within the Apartment / Multifamily District (R-4) are consistent and appropriate with the immediate area.
4. Whether other factors are deemed relevant and important in the consideration of the amendment.
City Council has consistently expressed concerns over street-infrastructure capacity and the impact of added vehicle traffic from multifamily developments. Eckhardt Road serves both the Cypress Point Subdivision and the Parklands Subdivision, and the added traffic from a high-density multifamily development in combination with these subdivisions would create the very situation that City Council has expressed concerns over. Staff considered these expressed concerns and determined that a multifamily development on Eckhardt Road would not be appropriate at this time.
The land use designation in the Comprehensive Plan accommodates multifamily developments in this area and the permitted uses within the requested district would be consistent with surrounding land uses. However, the request is not consistent with the policies set forth in the UDC. Additionally, the current condition of Eckhardt Road makes this request not appropriate at this time.
For these reasons, staff is recommending denial of PLZC20240242
1. Whether the proposed zoning change implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans;
The Comprehensive Plan designates this area as "Regional Corridor", which is intended to provide commercial and entertainment areas along major thoroughfares. Larger multifamily complexes may also be appropriate for Regional Corridor. For this reason, the proposed zone change is consistent with the Comprehensive Plan.
2. Whether the proposed zoning change promotes the health, safety, and general welfare of the City.
As part of promoting health, safety, and general welfare, zone change requests should align with the Unified Development Code (UDC) and city policy. Additionally, the UDC was recently amended on October 22, 2024, with City Council's approval of Ordinance 24-S-156. This new text to the UDC explicitly states that Apartment / Multifamily Districts (R-4) "shall not be located in areas where they would increase traffic with access through single-family neighborhoods and shall be located adjacent to arterial streets". Eckhardt Road is classified as a "collector". For this reason, this request does not promote health, safety, and general welfare.
3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area;
Given the immediate area being largely undeveloped and residential, the permitted uses within the Apartment / Multifamily District (R-4) are consistent and appropriate with the immediate area.
4. Whether other factors are deemed relevant and important in the consideration of the amendment.
City Council has consistently expressed concerns over street-infrastructure capacity and the impact of added vehicle traffic from multifamily developments. Eckhardt Road serves both the Cypress Point Subdivision and the Parklands Subdivision, and the added traffic from a high-density multifamily development in combination with these subdivisions would create the very situation that City Council has expressed concerns over. Staff considered these expressed concerns and determined that a multifamily development on Eckhardt Road would not be appropriate at this time.
The land use designation in the Comprehensive Plan accommodates multifamily developments in this area and the permitted uses within the requested district would be consistent with surrounding land uses. However, the request is not consistent with the policies set forth in the UDC. Additionally, the current condition of Eckhardt Road makes this request not appropriate at this time.
For these reasons, staff is recommending denial of PLZC20240242
RECOMMENDATION
Denial of PLZC20240242