At the July 2, 2024, City Council meeting, City Council approved ordinances annexing and establishing a zoning designation for over 3,000 acres of land in Bexar, Comal and Guadalupe County into the City of Schertz City limits. Originally scheduled as part of the larger annexation process, Comal County Property Identification Numbers 79001, 78946, 75480, 78247, 79009, and 79006, based on a request of the property owner were not annexed at the July 2, 2024, City Council meeting. The request was to delay the annexation and the zoning of the properties until a Development Agreement could be drafted and reviewed by City Council. 

At the July 16, 2024, City Council meeting, City Council approved Resolution 24-R-81, which authorized a Development Agreement with Sharlene and Timothy Fey and Sandra Reeh ET AL for approximately 223 acres. As part of that Development Agreement, the property owners agreed to have their agricultural land annexed into the City of Schertz and zoned. Based on the agreement at the July 16th meeting, City Council approved Ordinances 24-A-44, 24-A-46, 24-A-47, 24-A-48, 24-A-49 and 24-A-50 annexing Comal County Property Identifications Numbers 79001, 78946, 75480, 78247, 79009, and 79006 into the City of Schertz City limits. However, due to these properties being removed from the zoning ordinances for the rest of the annexation properties, a zoning district was not established at the same time as the annexation. 

The purpose of PLZC20240227 is to establishing a zoning designation for these parcels that were annexed on July 16, 2024, based on Resolution 24-R-81, and the specific annexation ordinances for the parcels. There is no development planned for these properties at this time. The zoning request is strictly to establish a permanent zoning designation for these properties. The proposed Agricultural District (AD) would be consistent with the properties that were annexed and zoned in July of 2024. 

On September 19, 2024, nine (9) public hearing notices were mailed to the surrounding property owners within a 200-foot notification boundary of the subject parcels. Additionally, the property owners of parcels included within the zoning boundary were notified per Texas Local Government Code (LGC) Section 211.006. Comal Independent School District was also notified of the proposed zoning. At the time of this staff report three (3) 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 October 23, 2024. Additionally, public hearing notice signs were placed along FM 482 on September 20, 2024.  The Planning and Zoning Commission met on Wednesday, October 2, 2024, and held a public hearing on this item. 

The proposed request is to establish a zoning designation for approximately 218 acres, specifically, Agricultural District (AD).  The goal is to zone these subject properties in conformance with the Comprehensive Land Use Plan - Future Land Use Map and the existing land uses on the subject properties and to be consistent with the rest of the properties that were annexed and zoned to Agricultural District (AD) in July of 2024.  

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 implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans;

The proposal is to zone all 218 acres as Agricultural District (AD) based on the subject property's existing land uses, the property's location, and the designation on the Future Land Use Map as adopted by Ordinance 24-S-06. Comal County Property Identification Number 79006 is identified as Development Deferment, which is typically utilized for large tracts that house heavy industrial. Comal County Property Identification Number 79009 is identified in the Comprehensive Land Use Plan- Future Land Use Map as Local Corridor which is described as locally oriented commercial and entertainment areas typically situated along medium- to high-volume collector roads. Comal County Property Identification Numbers  79001, 78946, 75480, and 78247 are identified in the Comprehensive Land Use Plan- Future Land Use Map as Regional Corridor which is described as commercial and entertainment areas along major thoroughfares that serve populations within the City and the broader region.

Although the subject parcels have differing Comprehensive Land Use Plan- Future Land Use Map designations the proposed Agricultural District (AD) is consistent with the Comprehensive Land Use designations. The Future Land Use Map within the Comprehensive Land Use Plan is a guiding document for determining appropriate land uses and development types for the future vision of Schertz. However, the existing conditions and existing land uses need to be considered when reviewing zoning applications. The proposed zoning is not based on a proposed development, but strictly due the annexation of these properties into the City of Schertz. If the subject properties were proposed to be developed in the future, the zoning designation will also need to be reviewed in conjunction with the Comprehensive Land Use Plan and Future Land Use Map.

2. Whether the proposed zoning change promotes the health, safety, and general welfare 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. Agricultural District (AD) is intended to provide as a base zoning district for agricultural and residential land uses. Residences in this District are intended to be on a minimum lot size of 217,800 square feet (five acres). Clustering of up to two homes may be allowed on the same lot subject to setback requirements. This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards.The proposed zoning district designations are compatible with the surrounding land uses and existing zoning designations of the surrounding properties. The proposed Agricultural District (AD) would allow for the residential and agricultural operations land uses to remain in a conforming status.

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

With the completed annexation and proposed zoning of the properties, the City is better able to guide future development to ensure conformance with the Master Thoroughfare Plan, the Master Water Plan and Master Sewer Plan for the City. Additionally, the annexation and associated zoning would ensure that any future developments will meet City standards to ensure cohesive development across the City of Schertz which ultimately will ensure the safe, orderly, and efficient development of the City.  Although no development plans are currently proposed for the properties being zoned, if development was to occur the water, sewer, and roadways would be evaluated during the development process.

3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area;

The subject parcels are currently utilized for agricultural purposes. The proposed zoning designation of Agricultural District (AD) is appropriate in the immediate area of the land to be zoned. Since the proposed zoning designations are based on conformance with the Comprehensive Land Use Plan- Future Land Use Map and with the existing land uses on the subject properties, the majority of the properties' land uses will be in conformance with the proposed zoning designation of Agricultural District (AD). The proposed zoning designation is appropriate in the immediate area of the land to be zoned. 

4. Whether other factors 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 did not receive any special considerations from the Planning and Zoning Commission. Due to the subject properties being annexed into the City of Schertz on July 16, 2024 a zoning district needs to be established for the subject properties. The proposed zoning designation is in conformance with the recently adopted Comprehensive Land Use Plan- Future Land Use Map and is consistent with the other properties that were annexed in July of 2024 and zoned Agricultural District (AD).
 

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-157.

Planning and Zoning Commission Recommendation
The Planning and Zoning Commission met on Wednesday, October 2, 2024, held a public hearing and made a recommendation of approval with a 7-0 vote.

City Council
The City of Schertz City Council met on November 12, 2024, and voted to approve Ordinance 24-S-157 with a 5-0 vote.