The applicant is proposing to rezone approximately 15 acres of land from Pre-Development District (PRE) to Apartment/Multi-Family Residential District (R-4). The property is located on the north side of Ray Corbett Drive, approximately 1,700 feet east of FM 1518. The property is north of the Rhine Valley subdivision and Corbett Junior High. To the west, across Hillbrook Road are single family residential homes. To the east are the Cibolo Creek Kennels and then the Shady Oaks Ranch events center. 

Public Hearing:
Forty (40) public hearing notices were mailed to the surrounding property owners on March 30, 2023, with a public hearing notice published in the "San Antonio Express" on April 19, 2023. At the time of this report (April 26, 2023) staff has received nineteen (19) opposed, one (1) in favor, and zero (0) neutral to the proposed rezoning request. In addition to the mailed notice, Public Hearing Notice signs were placed on the property on March 30, 2023. A significant number of property owners spoke in opposition to this item at the Planning and Zoning Commission meeting.

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). At the time of this staff report (May 5, 2023) the total percentage of the protested parcel acreage is 21.98%, therefore, the 3/4 vote has been triggered for the City Council.

The project goal is to rezone approximately 15 acres of land, located approximately 1,800 feet east of the intersection of FM 1518 and Ray Corbett Drive, also known as Bexar County Property Identification Number 309863 from Pre-Development District (PRE) to Apartment/Multi-Family Residential District (R-4). Per the letter of intent submitted with the application, the proposed development will be an Apartment/Multi-Family development with no more than 336 units. 

Apartment/Multi-Family Residential District (R-4) has a maximum allowable density of 24 dwelling units per acre; this site would be allowed a maximum of 343 units. 

It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth.

The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan, designates this subject property as Mixed Use Neighborhood. This designation is intended to utilize a traditional neighborhood design that includes a variety of uses including a mixture of residential uses.  The proposed zone change to Apartment/Multi-Family Residential District (R-4) is in conformance with the Comprehensive Land Use designation of Mixed Use Neighborhood. The Apartment/Multi-Family Residential District (R-4) zoning designation would allow for the mixture of residential options.

The subject property is currently zoned Pre-Development District (PRE). This district is intended as a holding district which does not allow for any uses on the property other than what currently exist. This property is currently vacant/undeveloped land. During the public hearing at the Planning and Zoning Commission, it was brought up that the "Property Use Description" listed on the Bexar County Appraisal District website is "Contaminated Land". Staff called the Texas Commission on Environmental Quality (TCEQ) to ask if they had any records on this property, they indicated they did not. 

Multi-family residential, as would be allowed in the R-4 zoning district ideally located near major intersections and where it can serve as a buffer between more intensive commercial uses and single family residential uses. So in this area, the request would be more favorably viewed if it were located to the western portion of the 26 acre tract at the northeast corner of Ray Corbett Drive and FM 1518. However, this is not the only factor staff considers. Normally single family developments are larger than 15 acres, but that does not mean this property could not be developed as a small single family neighborhood or consolidated with another adjacent property. The uses to the west, dog breeding/training and events center, with the potential noise and activity from those uses are not the ideal adjacent uses for a singe family residential neighborhood. Lastly, the City Council has shown deference to property owners wishing to develop their property, so if not incompatible, those requests have been viewed favorably.
  

Staff Recommendation: 
Staff recommends approval of the proposed zone change of approximately 15 acres from Pre-Development (PRE) to Multi-Family (R-4) as proposed, based on the compatibility with the Comprehensive Land Use Plan.

Planning and Zoning Commission Recommendation: 
The Schertz Planning and Zoning Commission met on April 12, 2023, and voted to recommend that the City Council deny the proposed zone change as presented with a 5-0 vote. Members of the commission felt that the proposed development was too close to single-family districts. There was concern that the potential added traffic was not appropriate for the area, and that apartment/multi-family districts should be closer to major thoroughfares (FM 1518 in this case) to act as a buffer between commercial uses on said thoroughfares and single-family districts.