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Agenda No. 7.
 
CITY COUNCIL MEMORANDUM
 
City Council Meeting: January 7, 2025
Department: Planning & Community Development
Subject: Ordinance 25-S-001 - Conduct a public hearing and consider a request to rezone approximately 26 acres of land, from Single-Family Residential District (R-2) to Single-Family Residential District (R-6), known as a portion of Guadalupe County Property Identification Number 64640, generally located 78 feet South of the intersection of Savannah Drive and Irish Creek Road, City of Schertz, Guadalupe County, Texas.(B.James/L.Wood/D.Marquez).

BACKGROUND

The applicant is requesting to rezone approximately 26 acres of land from Single-Family Residential District (R-2) to Single-Family Residential District (R-6). The property is currently a polo field. The subject property is planned to be part of a larger development that proposes developing within the Accident Potential Zone II (APZ-II). The portion of the property within the APZ-II is not part of the requested rezone.

On November 19, 2024, twenty-two (22) 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, one (1) response in favor, zero (0) responses were neutral, and nineteen (19) responses in opposition have been received. 20.13% opposition was received from the area of the lots or land covered by the proposed zone change or lots or land adjoining the area covered by the proposed zone change 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 (3/4) of all members of the City Council according to LGC, Local Government Code 211.006 (d). A public hearing notice was published in the "San Antonio Express" on December 18, 2024. Additionally, two (2) signs were placed on the subject property by the applicant. The City of Schertz Planning and Zoning Commission held a public hearing for the item on December 4, 2024. 

The City of Schertz Fire, EMS, and Police Departments have been notified of the proposed zone change and have not provided objections. A public hearing notice was also mailed to Schertz-Cibolo-Universal City Independent School District. The most recent SCUC ISD Demographic Report and 10-Year Campus Forecasting Report have been attached to the Staff Report. Joint Base San Antonio-Randolph Air Force Base was also notified of the zone change and provided a response, which is attached.

A previous application for a proposed Planned Development District (PDD) was submitted for the subject parcel and additional land to the west and went to the Planning and Zoning Commission in March 2024 and to the City Council in April 2024.  The application received affirmative support from JBSA-Randolph but was denied by City Council. The PDD proposed to not allow residential development within the APZ II and only allow the development of residences within the remaining 26 acres that were outside the APZ II. The creation of the PDD to prevent the development of residences within the APZ II was determined to be a community benefit by Staff and the reason for support of the proposed PDD. The current application for a zone change to Single-Family Residential District (R-6) is only for the 26 acres of the parcel that are outside the APZ II. The applicant is not proposing to rezone the portion within the APZ II and intends to leave it as Single-Family Residential District (R-2), per the provided zoning exhibit. Ultimately, the proposed zone change does not provide a community benefit due to the exclusion of the remaining acreage within the APZ II, which contributes to Staff's recommendation of denial.

GOAL

The applicant is proposing to zone approximately 26 acres of land from Single Family Residential District (R-2) to Single-Family Residential District (R-6).
 
Table 21.5.7.A Dimensional Requirements
Residential Zoning Districts
  Minimum Lot Size and Dimensions (Ft) Minimum Yard Setback (Ft) Miscellaneous Lot Requirements
  Code Zoning District Area SqFt Width Depth Front Side Rear Minimum Off-Street Parking Spaces Max Height Max Imperv. Cover
Existing R-2 Single-Family Residential District 8,400 70 120 25 10 20 2 35 50%
Proposed R-6 Single-Family Residential District 7,200 60 120 25 10 20 2 35 50%

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

The subject property is located along Savannah Drive and Irish Creek Road. Savannah Drive is identified as a Residential Collector with 70-feet of Right-of-Way. Any improvements required at Savannah Drive and Irish Creek Road would be determined at the time of platting. The property is located partially within the 1% and 0.2% Annual Chance Flood Hazard.

When evaluating zone changes, Staff refers to 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 subject property is designated as Complete Neighborhood in the Comprehensive Land Use Plan-Future Land Use Map. The Complete Neighborhood Land Use Designation is described as general areas characterized by a mixture of housing options with supporting land uses, such as neighborhood commercial. These areas should promote connectivity and foster a more bikeable and walkable development pattern. When considering the appropriateness of housing density or commercial activity, factors such as roadway classification, conflicts among land uses and buildings, as well as the undue concentration or diffusion of population should be considered. 

Single-Family Residences do meet the intent of the Complete Neighborhood Land Use Designation. Single-Family Residential District (R-6) can be appropriate in the Complete Neighborhood Land Use Designation if it promotes a mixture of housing options, is compatible with roadway classifications, does not produce conflict among land uses, and does not promote the concentration of the population.

However, the proposed Single-Family Residential District (R-6), at the subject location and in the greater immediate area, does not implement the intent of the Complete Neighborhood Land Use Designation. Complete Neighborhood is intended for a mixture of housing options with supporting land uses. To the north of the subject property, Kensington Ranch Estates PDD, Ordinance 05-S-41, was approved in 2005 and the PDD implemented different development standards for lots depending on whether they were located within the APZ II or not. The properties within the APZ II, are large lots at a minimum 10,800 square feet, which is much larger than the Single-Family Residential District (R-1) that requires a minimum of 9,600 square feet, and all other lots were built to a minimum of 7,200 square feet, which is equivalent to the minimum square footage of Single-Family Residential District (R-6). To the east of the subject property, there is a drainage lot, and then there is the existing Ashley Place Subdivision zoned Single-Family Residential District (R-6). To the west of the subject property, there are Single-Family Residences that are outside the Schertz City Limits but within Universal City and are smaller lot homes of approximately 6,000 square feet. The proposed Single-Family Residential District (R-6) replicates what is in the surrounding area, and does not propose a different zoning district that would allow for a mixture of housing types. The existing Single-Family Residential District (R-2) promotes a mixture of housing types as it creates a transition from the existing smaller-lot homes in the surrounding areas. When considering the appropriateness of housing density, factors such as the undue concentration or diffusion of population should be considered. The proposed Single-Family Residential District (R-6) further concentrates population along Savannah Drive, whereas the existing Single-Family Residential District (R-2) allows for a diffusion of the population among the small lot Single-Family Residences in the surrounding area. Additionally, the existing Single-Family Residential District (R-2), creates a further transition from the smaller lots to the Single-Family Residential District (R-2) and commercial properties that are south of the subject property along Maske Rd.

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. At the subject property, and considering the existing surrounding uses and the Comprehensive Land Use Plan Land Use Designation, the existing Single-Family Residential District (R-2) better promotes the health, safety, and general welfare of the City than the proposed Single-Family Residential District (R-6). Certainly the reduced number of units that would be developed based on the existing zoning does not exacerbate some of the road capacity and safety concerns of residents as much as the increased units from the proposed zoning.

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

The existing Single-Family Residential District (R-2) is more compatible and appropriate with the existing uses in the immediate area to promote a mixture of housing options. Single-Family Residential District (R-6) is intended for single-family detached residences on a minimum lot size of 7,200 square feet, together with schools, churches, and parks necessary to create basic neighborhood units. This district is intended to be developed using contemporary building styles and allowing those dwellings to be constructed on relatively small lots with the maximum size tract of R-6 to be 30 acres as per UDC Section 21.5.5.

4. Whether other factors are deemed relevant and important in the consideration of the amendment.

Previous zoning discussions at the City Council have established a policy that if a proposed zone change would not result in an inherently better development than what could potentially develop with the current zoning, then the proposed zone change would not be desired.

During the public hearings of the previously requested zone change, the adjacent residential property owners provided significant opposition to higher-density residential development. Additionally, concerns were expressed by residents of the existing traffic along Savannah Drive and the intersections of FM 1518 and Savannah and Schertz Parkway and Savannah, and the potential for new traffic concerns with higher density development. 

A published magazine article in "Community Impact Newspaper" and a Universal City City Council Agenda were brought to the attention of Staff by a resident, which demonstrated the subject property as part of a larger conceptual development in Schertz and Universal City ETJ. At this time, the proposed zone change is the only application that has been submitted within the City of Schertz. No other applications have been submitted.  The conceptual development does not change the opinion or recommendation by Staff to recommend denial of Ordinance 25-S-001, a proposed zone change to Single-Family Residential District (R-6) on approximately 26 acres. 

RECOMMENDATION

Staff Recommendation:
Staff recommends denial of Ordinance 25-S-001.

Planning and Zoning Commission: 
The Planning and Zoning Commission held a public hearing on December 4, 2024, for the item and made a recommendation of approval to the City Council with a 4-2 vote, with Chairman Outlaw and Commissioner McMaster voting nay.

Attachments