Agenda No. 20.
CITY COUNCIL MEMORANDUM
| City Council Meeting: | October 14, 2025 |
| Department: | Planning & Community Development |
| Subject: | Ordinance 25-S-044 - Conduct a public hearing and consider a request to rezone approximately 81 acres of land from Pre-Development District (PRE), General Business District (GB) and Single-Family Residential District (R-6) to Middle Density Residential District (R-5), generally located 1,900 feet south of the intersection of IH 35 and Country Club Blvd, also known as Guadalupe County Property Identification Numbers 63833, 63836, 63838, 34548, 34577, 34755 City of Schertz, Guadalupe County, Texas and Comal County Property Identification Number 377261, and a portion of Comal County Property Identification Number 75381, City of Schertz, Comal County, Texas. (B.James/L.Wood/E.Delgado) WITHDRAWN BY APPLICANT- Public Hearing will be held / No Action will be taken by City Council |
BACKGROUND
The applicant withdrew Ordinance 25-S-044 on Friday, September 26, 2025. The public hearing was noticed in the San Antonio Express Newspaper on September 24, 2025, so the public hearing at the October 14, 2025 City Council meeting has to occur. However, since the application has been withdrawn, no action will be taken by the City Council.
The following City Council Memorandum is being provided for informational purposes, but again, City Council will not take action / will not vote on Ordinance 25-S-044.
The applicant is requesting a zone change of approximately 81 acres from Pre-Development District (PRE), General Business District (GB) and Single-Family Residential District (R-6) to Middle Density Residential District (R-5). The applicant's intent is to construct low density multifamily units per the letter of intent submitted. However, staff has evaluated the proposed zone change on the maximum allowable, per the Unified Development Code for Middle Density Residential District (R-5).
On September 16, 2025, two-hundred ninety- two (292) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property including the Schertz-Cibolo-Universal City Independent School District and Comal Independent School District.
A public hearing notice was published in the "San Antonio Express" on Wednesday, September 24, 2025, for the October 14, 2025, City Council Meeting, at which this item will be heard.
As of 5:00pm on Wednesday, October 1, 2025, one (1) response in favor, zero (0) responses neutral, and eighty-eight (88) responses in opposition have been received. Additionally, the applicant placed notification signs on the subject property on September 16, 2025.
On October 1, 2025 the Planning and Zoning Commission conducted a public hearing and then took no action on the item due to the application being withdrawn.
Approximately 25 acres of this request was part of an earlier effort by the applicant to develop multifamily units. The timeline and details of which can be seen below:
Subject Property:
Adjacent Properties:
The following City Council Memorandum is being provided for informational purposes, but again, City Council will not take action / will not vote on Ordinance 25-S-044.
The applicant is requesting a zone change of approximately 81 acres from Pre-Development District (PRE), General Business District (GB) and Single-Family Residential District (R-6) to Middle Density Residential District (R-5). The applicant's intent is to construct low density multifamily units per the letter of intent submitted. However, staff has evaluated the proposed zone change on the maximum allowable, per the Unified Development Code for Middle Density Residential District (R-5).
On September 16, 2025, two-hundred ninety- two (292) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property including the Schertz-Cibolo-Universal City Independent School District and Comal Independent School District.
A public hearing notice was published in the "San Antonio Express" on Wednesday, September 24, 2025, for the October 14, 2025, City Council Meeting, at which this item will be heard.
As of 5:00pm on Wednesday, October 1, 2025, one (1) response in favor, zero (0) responses neutral, and eighty-eight (88) responses in opposition have been received. Additionally, the applicant placed notification signs on the subject property on September 16, 2025.
On October 1, 2025 the Planning and Zoning Commission conducted a public hearing and then took no action on the item due to the application being withdrawn.
Approximately 25 acres of this request was part of an earlier effort by the applicant to develop multifamily units. The timeline and details of which can be seen below:
- Applicant's originally requested a Planned Development District (PDD) with a base zoning of Apartment / Multi-Family Residential (R-4) for a gated community with no more than 220 units, consisting of 55 lots with a structure that would have 4 individual units also known as a four-plex.
- On August 24, 2022 the Planning and Zoning Commission held a public hearing and recommended approval to the City Council to rezone the property to R-6, not the requested PDD, with a 4-2 vote
- On September 27, 2022, the Schertz City Council held a public hearing and heard the item as Ordinance No. 22-S-35.
- Council votes to approve request with a 4-2 vote at first reading.
- Enough surrounding property owners protested to trigger the 3/4 affirmative vote requirement per state law.
- Item failed (it needed a 5-1 vote) and the application was denied.
- Applicant made another request for a Planned Development District (PDD) with a base zoning of Townhome District (TH) for a gated community with no more than 198 units spread across 51 buildings.
- On January 25, 2023 the Planning and Zoning Commission held a public hearing and recommended approval to the City Council with condition that the proposed project would include the trail on all future exhibits and plans with a 5-2 vote
- On February 28, 2023, the Schertz City Council held a public hearing and heard the item as Ordinance No. 23-S-02. as Ordinance No. 23-S-02.
- Council votes to approve request with a 4-3 vote on the first reading.
- On April 25, 2023, the Schertz City Council had a second reading on the item.
- Council votes to approve request with a 5-2 vote.
- However, in the weeks between readings, enough surrounding property owners protested to trigger the 3/4 affirmative vote requirement per state law.
- Item failed on second reading (it needed a 6-1 vote) and application was denied.
- Applicant made another request for a Planned Development District (PDD) with a base zoning for Two-Family Residential District (R-3) for a gated community with no more than 170 units spread across 85 duplexes.
- On June 14, 2023 the Planning and Zoning Commission held a public hearing and recommended approval with conditions to the PDD Design Standards in relation tot he Impervious Coverage and the UDC Acreage requirement for gated communities, with a 5-1 vote
- On July 18, 2023, the Schertz City Council held a public hearing and heard the item as Ordinance No. 23-S-14.
- Council votes to approve request with a 4-3 vote on the first reading.
- The Applicant withdrew the request on September 5, 2023 prior to the second City Council reading.
Subject Property:
| Zoning | Land Use | |
| Existing | Pre-Development District (PRE), General Business District (GB), and Single-Family Residential District (R-6) | Undeveloped / Vacant Former Golf Course |
| Proposed | Middle Density Residential District (R-5) | Low Density Multifamily |
Adjacent Properties:
| Zoning | Land Use | |
| North | Single Family Residential District (R-6), General Business District (GB) | Single Family Residences, Undeveloped / Vacant Former Golf Course |
| South | Single Family Residential District (R-6) | Single Family Residences |
| East | Single Family Residential District (R-6), ROW | Single Family Residences, Columbia Drive, and Country Club Drive |
| West | Single Family Residential District (R-7) | Single Family Residences |
GOAL
The applicant is requesting a zone change of approximately 81 acres from Pre-Development District (PRE), General Business District (GB), and Single-Family Residential District (R-6) to Middle Density Residential District (R-5). The applicants intent is to construct low density multifamily units.
| Table 21.5.7.A. Dimensional Requirements |
|||||||||||
| Minimum Lot Size Dimensions (Ft) | Minimum Yard Setbacks (Ft) | Misc. Lot Requirements | |||||||||
| Code | Zoning District | Area Sq ft | Width | Depth | Front | Side | Rear | Min. Off-Street Parking | Maximum Height | Max Imperv Cover | |
| Proposed | R-5 | Middle Density Residential District | 10,890 | - | - | 25 | 10 | 10 | 2 | 35 | 80% |
| Existing | PRE | Pre-Development District | - | - | - | - | - | - | - | - | - |
| Existing | GB | General Business District | 10,000 | 100 | 100 | 0, 25(r) | 0, 25(r) | 0, 25(r) | Sec. 21.10.4 | 120 | 80% |
| Existing | 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
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 Complete Neighborhood, which is intended to provide a variety of housing types along with complementary commercial services. Multi-family and single-family residential are not inherently incompatible in the Complete Neighborhood land use designation. However, the Comprehensive Plan explicitly states, "When considering 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.". The proposed Middle Density Residential District (R-5) at the subject property in comparison to the existing land uses and roadway classifications is not compatible with the Complete Neighborhood land use designation. The subject property was once a golf course that had low-density housing developed around the periphery.
Per UDC Article 5 Section 21.5.5, amended with Ord. 24-S-156 in October 2024, and attached to this staff report, Middle Density Residential District (R-5) is intended to provide developments that offer a variety of housing types. This district is a suitable transition between single-family residential and commercial and/or denser multi-family developments. This zoning district can be comprised of attached or detached residential dwelling units. The intent of the Middle Density Residential District (R-5) was for smaller infill tract developments to offer a variety of housing types.
Per the UDC tracts that are over 1 acre are allowed to have up to 12 dwelling units per acre and are required to adhere to the multi-family site design requirements in Article 9- Site Design Standards. For reference, the surrounding residential subdivisions have a density of between 6-7 dwelling units per acre. The subject property is approximately 81 acres, which would allow the property owner to construct a maximum of 972 units. Staff has determined that this increase in density would be an undue concentration of population in an area with dispersed residential patterns. This additional residential density would result in added traffic which could create conflicts with the existing residential uses.
For these reasons, this request is not consistent with the Comprehensive Land 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, the city should encourage development that is compatible with surrounding uses. This specific request has a subject property of 81 acres which would allow the property owner to construct a maximum of 972 units. Adding this many dwelling units to the area will significantly increase traffic. During previous zone change requests, City Council and the adjacent existing residential have repeatedly expressed concerns about traffic impacts in relation to increasing density through zoning requests in the city. Staff has considered these expressed concerns and has determined that this level of development is not compatible with the surrounding uses at this time.
The applicant submitted a Traffic Impact Analysis for the proposed Middle Density Residential District (R-5) and the associated Apartment / Multi-Family Residential District (R-4) (Ordinance 25-S-043), which the City of Schertz Engineering Department reviewed and provided a summary attached to this staff report for review. Below are some of the highlights of that summary:
Although the applicant submitted a preliminary Traffic Impact Analysis for review, it focused mostly on the intersections with TXDOT roadways. The proposed zone change could have a significant impact on the traffic within the existing single-family residential neighborhoods, not just at the intersections of major thoroughfares such as FM 1103 and IH 35. Per the UDC, the maximum density for an approximately 81 acre Middle Density Residential District (R-5) property would be 972 units. These potential 972 units, if developed to the maximum allowable, would have an impact on the overall traffic network. While the preliminary analysis shows the local streets are capable of handling the extra traffic that would be associated with the proposed development, traffic is expected to significantly increase on the existing residential streets within the overall neighborhood, which will result in noticeable congestion that doesn't currently exist. This would need to be evaluated further with the formal TIA and additional mitigation efforts may be needed to try and improve traffic flow, but there will still be a noticeable increase of traffic on these roads than currently exists or if this property were to be developed more similarly to the existing neighborhoods in the area.
Based on the allowable density of the proposed Middle Denisty Residential District (R-5) and the concerns in relation to traffic / safety, the proposed zone change does not promote the health, safety and general welfare of the City.
3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area;
The permitted uses within Middle Density Residential District (R-5) are as follows:
The permitted uses in the Middle Density Residential District (R-5) are residential in nature and thus consistent with the uses in the immediate area.
4. Whether other factors are deemed relevant and important in the consideration of the amendment.
Schertz Fire, EMS, and Police have been notified of the zone change requests. Schertz Fire provided no concerns or objections with the proposed zone change. Schertz EMS indicated no issues with the proposed, except that of normal concerns with response times and added call volume with added population. While Schertz Police indicated that there are no present concerns, but as these properties and others begin build out, Schertz Police will need to re-evaluate as the aggregate impact will eventually impact their ability to maintain core service delivery with current staffing.
SCUCISD and Comal ISD have been notified of the zone change.
The scheduled public hearing provides the opportunity to introduce additional considerations to the request.
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 Complete Neighborhood, which is intended to provide a variety of housing types along with complementary commercial services. Multi-family and single-family residential are not inherently incompatible in the Complete Neighborhood land use designation. However, the Comprehensive Plan explicitly states, "When considering 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.". The proposed Middle Density Residential District (R-5) at the subject property in comparison to the existing land uses and roadway classifications is not compatible with the Complete Neighborhood land use designation. The subject property was once a golf course that had low-density housing developed around the periphery.
Per UDC Article 5 Section 21.5.5, amended with Ord. 24-S-156 in October 2024, and attached to this staff report, Middle Density Residential District (R-5) is intended to provide developments that offer a variety of housing types. This district is a suitable transition between single-family residential and commercial and/or denser multi-family developments. This zoning district can be comprised of attached or detached residential dwelling units. The intent of the Middle Density Residential District (R-5) was for smaller infill tract developments to offer a variety of housing types.
Per the UDC tracts that are over 1 acre are allowed to have up to 12 dwelling units per acre and are required to adhere to the multi-family site design requirements in Article 9- Site Design Standards. For reference, the surrounding residential subdivisions have a density of between 6-7 dwelling units per acre. The subject property is approximately 81 acres, which would allow the property owner to construct a maximum of 972 units. Staff has determined that this increase in density would be an undue concentration of population in an area with dispersed residential patterns. This additional residential density would result in added traffic which could create conflicts with the existing residential uses.
For these reasons, this request is not consistent with the Comprehensive Land 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, the city should encourage development that is compatible with surrounding uses. This specific request has a subject property of 81 acres which would allow the property owner to construct a maximum of 972 units. Adding this many dwelling units to the area will significantly increase traffic. During previous zone change requests, City Council and the adjacent existing residential have repeatedly expressed concerns about traffic impacts in relation to increasing density through zoning requests in the city. Staff has considered these expressed concerns and has determined that this level of development is not compatible with the surrounding uses at this time.
The applicant submitted a Traffic Impact Analysis for the proposed Middle Density Residential District (R-5) and the associated Apartment / Multi-Family Residential District (R-4) (Ordinance 25-S-043), which the City of Schertz Engineering Department reviewed and provided a summary attached to this staff report for review. Below are some of the highlights of that summary:
The existing zoning classifications if developed to their full potential would generate approximately 1,989 peak hour vehicle trips. At full developed potential of the requested zoning, the peak hour trips would increase to 2,994. The developer has provided a Traffic summary analysis indicting the effect to the transportation system by the additional 1,005 peak hour trips (the difference between the existing zoning maximum trips and the proposed zoning maximum trips). The Developers report also noted that they are not intending to develop the property to the maximum amount possible in the proposed rezoned areas and that the difference in peak hour trips would be less than the estimated 1,005 – about 612.
The increase in peak hour trips by the proposed zoning changes would have adverse impacts to parts of the transportation system in the area. Specifically, the Level of Service for the Country Club Blvd/IH-35 intersection; southbound frontage road/FM 1103 intersection; and the southbound frontage road /Schwab Road intersection would be reduced. Additionally, while the Chelsea/FM 1003 intersection and northbound frontage road/Schwab Road intersection Level of Service doesn’t decrease (they already function at a Level of Service F), the delay at the intersections increase significantly. While signalization of the IH-35/Schwab Road in its current configuration will increase the Level of Service of the intersection, the additional development traffic may result in the intersection being congested/overloaded until the larger improvement project to build the Master Thoroughfare Plan improvements are completed.
There are mitigation measures that could be implemented to reduce the adverse impact on the intersections that were evaluated. However, if the proposed development progresses through the City's development process, a much more thorough and detailed Traffic Impact Analysis (TIA) will be performed by the Developer and will be reviewed by the City of Schertz Engineering Department and TXDOT.
The increase in peak hour trips by the proposed zoning changes would have adverse impacts to parts of the transportation system in the area. Specifically, the Level of Service for the Country Club Blvd/IH-35 intersection; southbound frontage road/FM 1103 intersection; and the southbound frontage road /Schwab Road intersection would be reduced. Additionally, while the Chelsea/FM 1003 intersection and northbound frontage road/Schwab Road intersection Level of Service doesn’t decrease (they already function at a Level of Service F), the delay at the intersections increase significantly. While signalization of the IH-35/Schwab Road in its current configuration will increase the Level of Service of the intersection, the additional development traffic may result in the intersection being congested/overloaded until the larger improvement project to build the Master Thoroughfare Plan improvements are completed.
There are mitigation measures that could be implemented to reduce the adverse impact on the intersections that were evaluated. However, if the proposed development progresses through the City's development process, a much more thorough and detailed Traffic Impact Analysis (TIA) will be performed by the Developer and will be reviewed by the City of Schertz Engineering Department and TXDOT.
Although the applicant submitted a preliminary Traffic Impact Analysis for review, it focused mostly on the intersections with TXDOT roadways. The proposed zone change could have a significant impact on the traffic within the existing single-family residential neighborhoods, not just at the intersections of major thoroughfares such as FM 1103 and IH 35. Per the UDC, the maximum density for an approximately 81 acre Middle Density Residential District (R-5) property would be 972 units. These potential 972 units, if developed to the maximum allowable, would have an impact on the overall traffic network. While the preliminary analysis shows the local streets are capable of handling the extra traffic that would be associated with the proposed development, traffic is expected to significantly increase on the existing residential streets within the overall neighborhood, which will result in noticeable congestion that doesn't currently exist. This would need to be evaluated further with the formal TIA and additional mitigation efforts may be needed to try and improve traffic flow, but there will still be a noticeable increase of traffic on these roads than currently exists or if this property were to be developed more similarly to the existing neighborhoods in the area.
Based on the allowable density of the proposed Middle Denisty Residential District (R-5) and the concerns in relation to traffic / safety, the proposed zone change does not promote the health, safety and general welfare of the City.
3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area;
The permitted uses within Middle Density Residential District (R-5) are as follows:
| Middle Density Residential District (R-5) Permitted Uses | |
| Permitted By Right | Permitted with a Specific Use Permit (SUP) |
|
|
The permitted uses in the Middle Density Residential District (R-5) are residential in nature and thus consistent with the uses in the immediate area.
4. Whether other factors are deemed relevant and important in the consideration of the amendment.
Schertz Fire, EMS, and Police have been notified of the zone change requests. Schertz Fire provided no concerns or objections with the proposed zone change. Schertz EMS indicated no issues with the proposed, except that of normal concerns with response times and added call volume with added population. While Schertz Police indicated that there are no present concerns, but as these properties and others begin build out, Schertz Police will need to re-evaluate as the aggregate impact will eventually impact their ability to maintain core service delivery with current staffing.
SCUCISD and Comal ISD have been notified of the zone change.
The scheduled public hearing provides the opportunity to introduce additional considerations to the request.
RECOMMENDATION
The zone change request is not compatible with the Comprehensive Plan, would create compatibility concerns between the existing single-family residential neighborhoods and the density of the proposed zone change, and would increase traffic safety concerns in the existing neighborhoods, which is not consistent with the goals and objectives of the UDC.
Therefore, staff is recommending denial of Ordinance 25-S-044.
On October 1, 2025 the Planning and Zoning Commission conducted a public hearing and then took no action on the item due to the application being withdrawn.
Therefore, staff is recommending denial of Ordinance 25-S-044.
On October 1, 2025 the Planning and Zoning Commission conducted a public hearing and then took no action on the item due to the application being withdrawn.
Attachments
- Aerial Exhibit
- Public Hearing Notice Map
- Zoning Exhibit
- Engineering TIA- Zone Change Summary
- Public Hearing Responses as of October 1, 2025 at 5PM
- Ord. 24-S-156
- SCUCISD 10-Year Forecasting
- SCUCISD Demographic Report
- Letter of Intent from Applicant
- City Council Presentation Slides