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Agenda No. 7.
 
CITY COUNCIL MEMORANDUM
 
City Council Meeting: August 1, 2023
Department: Planning & Community Development
Subject: Ordinance 23-S-14 - Consideration and/or action on a request to rezone approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD), generally located approximately 2,200 feet southeast of the intersection of Country Club Boulevard and IH-35 access road, also known as Comal County Property Identification Number 377261 and Guadalupe County Property Identification 63833, City of Schertz, Comal County and Guadalupe County, Texas. (Final Reading) (B.James/L.Wood/E.Delgado)

BACKGROUND

Update from July 18, 2023 City Council Meeting: 

At the July 18, 2023, City Council meeting, a public hearing was held, and the City Council voted to approve the proposed zone change to Planned Development District as presented with a 4-3 vote with Council members Davis, Watson, and Scagliola with the nay votes. 

No changes were proposed or made to the proposed Planned Development District design standards from the July 18, 2023, City Council agenda packet. 

The applicant is proposing to rezone approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD) with a base zoning of Two-Family Residential District (R-3). 

Public Notice: 
One hundred seventeen (117) public hearing notices were mailed to the surrounding property owners on June 1, 2023. A public hearing notice was published in the "San Antonio Express" on June 28, 2023. At the time of this report (July 28, 2023, at 2:00pm) staff has received seventy-five (75) responses opposed, and twenty-nine (29) response in favor, and two (2) responses neutral to the proposed rezoning request.  As a note on the public hearing responses, there are nine (9) properties that had submitted an opposition letter, that subsequently submitted an in favor response. Additionally, there is one (1) property that had submitted an opposition letter, that subsequently submitted a neutral response. 

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 (July 28, 2023, at 2:00pm) the total percentage of the protested parcel acreage is 21.77%, therefore, the 3/4 vote has been triggered for the August 1, 2023, City Council. 

Proposed Zoning Concept: 
The proposed development will be a gated community with no more than 170 units. These units will be spread across eighty-five (85) duplexes. Each unit is proposed to be between 1,300 square feet and 1,400 square feet and will feature three bedrooms, 2.5 baths, an eat-in kitchen, two living rooms, a laundry room, covered back patio, private yard, and a two-car garage. 
 
The PDD Design Standards propose to conform with the Two-Family Residential District (R-3) zoning with modifications to the minimum lot area, lot width and depth, and setbacks as shown in the table below. 
Classification Minimum Lot Size Minimum Yard Setback
  Area Square Footage Width Ft. Depth Ft.  Front Ft. Side Ft. Rear Ft. 
Two-Family Residential District (R-3)
Per the Unified Development Code
9,000 75 120 25 10 20
Proposed Two-Family Residential (R-3),
Per The Villas at Bluebonnet Ridge PDD
5,655 65 87 25 10, 0* 20
*Each lot will have a 10-foot side setback on one side and a zero-lot line setback on the opposite side (corner lots will maintain 15-foot side setback).

Parks and Amenities:
The proposed PDD plans to incorporate 7.31 acres of green space and amenities. This would include a pavilion, playground for the community, a concrete walking path. Additionally, a mail center is proposed with a covered pavilion, and additional parking access. There is also a proposed 0.56 acre fenced-in private dog park, a 1.95 acre private picnic / trail / community garden area, and a 4.01 acre public walking trail contingent upon approval with LCRA to develop within the easement. 

Fire Walls: 
Per the proposed PDD Design Standards due to the proposed reduced side yard setbacks, each duplex within The Villas at Bluebonnet Ridge will require all A/C condensers to be in the rear yard, and exterior sidewalls will be at least a minimum of 1-hour fire rated, including any projections. Additionally, the proposed PDD clarifies that no structures, including sheds, will be permitted within the side yard setbacks, this includes fencing which will be in line with rear wall of the home. 

Parking: 
Per the City of Schertz Unified Development Code, duplexes have a required parking ratio of two (2) spaces per unit. The proposed The Villas at Bluebonnet Ridge has 170 units which would require 340 off-street parking spaces. However, per the proposed The Villas at Bluebonnet Ridge PDD Design Standards there are 772 proposed parking spaces across the development, including a total of 4 spaces per unit (2 within the driveway and an additional two in the garage), an additional 16 parking spaces split between the interior parks and mail station and an additional 76 spaces available on the street to use as overflow and guest parking.  

HOA and Maintenance Proposed: 
The proposed The Villas at Bluebonnet Ridge will be a gated community with an HOA established. The entire development both inside and outside the gates to include irrigation will be maintained by the HOA's maintenance crew. This includes maintenance of all common areas to include all proposed crushed granite walking trails, concrete pathways, neighborhood amenities and multi-use paths, all the front yards, side yards, and backyards of the duplexes. A 6-foot wood privacy fence will be installed along the boundary with The Fairways at Scenic Hills neighborhood. 

GOAL

The project goal is to rezone approximately 25 acres of land, generally located approximately 2,200 feet southeast of the intersection of Country Club Boulevard and IH-35 access road, also known as a portion of Comal County Property Identification Number 377261 and Guadalupe County Property Identification 63833 from Pre-Development District (PRE) to Planned Development District (PDD) in order to develop a gated community with no more than 170 units spread across eight-five (85) duplexes. 

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

In 2022, the applicant submitted a zone change request to a Planned Development District (PDD) with a base zoning of Apartment/ Multi-Family Residential (R4). That proposal included approximately 220 units to be developed as fourplexes. On September 27, 2022, the City Council was unable to obtain the super majority needed for the approval of that zone change application, which ultimately lead to the application being denied. During the discussion at the September 27, 2022, City Council meeting there were concerns with the proposed density. 

Based on the previous City Council feedback the developer made changes and proposed a different PDD to address the concerns presented at the September 27th meeting. At the January 25, 2023, Planning and Zoning Commission meeting and the February 28, 2023, City Council meeting the proposed PDD design concept was presented with a base zoning of Townhome District. That proposal was for a maximum of fifty-one (51) buildings consisting of no more than 198 units. Ultimately, at the April 25, 2023, City Council meeting the project was unable to obtain the required super majority for approval at the final reading and the item failed and the zone change request was denied. 

The Schertz Sector Plan for Northern Schertz designates the subject property as Single-Family Residential. The Single-Family Residential land use designation encourages the mixture of various residential type development as well as maintaining a walkable neighborhood feel. The proposed rezoning to Planned Development District (PDD), with a base zoning of Two-Family Residential (R-3) does conform to the Comprehensive Land Use Plan designation as it would provide a needed mixture of housing type to Schertz. The current proposed The Villas at Bluebonnet Ridge PDD provides a reduction in density from the previous two proposal. By proposing no more than 170 units spread across 85 duplexes, it is both a reduction in overall unit density but also a different product type than what was previously proposed. This reduction in density was identified as being desirable by City Council.

Additionally, the proposal of duplexes does conform with the Schertz Sector Plan by providing for a type of residential housing that currently does not exist in the area. Additionally, the current proposal accommodates an area for the dedication and construction of the walking trail within the overhead electrical easement, contingent upon LCRA approval, which was desired by staff and City Council has expressed the importance of trails to be constructed with developments at the January 10, 2023 City Council meeting. This proposed trail is identified on the Schertz Transportation Plan-Trails Network and would ultimately be part of the "Great Northern Trail".  

Proposed PDD Design Standards Update from Planning and Zoning Commission meeting: 
At the June 14, 2023 Planning and Zoning Commission there was a discussion on the proposed PDD Design Standards document. It was identified by the applicant that the design standards provided to the Planning and Zoning Commission had an error in the proposed Table 21.5.7.A Dimensional Requirements. The design standards included in the P&Z agenda indicated that the impervious coverage was proposed to be increased to 75%. However, that was an error and the applicant has corrected the table in the design standards included in the City Council packet to reflect the impervious coverage is not proposed to be modified and will remain at 60% per the UDC R-3 Zoning District. 

Additionally, at the June 14, 2023 Planning and Zoning Commission meeting it was noted that UDC Article 8 Section 21.8.1.B.1 stipulates that a gated community is required to be seventy-five (75) acres and the proposed PDD Design Standards did not explicitly note that UDC modification to allow The Villas at Bluebonnet Ridge to be a gated community with only 24 acres. The applicant has included a statement within the PDD Design Standards, included within the City Council packet, under the "Homeowners Association & Maintenance" header to indicate a proposed UDC modification to allow a gated community with a minimum of 24 acres. 

There are two other areas that received modifications within the PDD Design Standards between the Planning and Zoning Commission meeting and the City Council meeting. The first modification is within the header "Two-Family Residential District", which the first sentence was modified to make it clear that the intent is to develop in accordance with the Two-Family Residential District (R-3) but to modify the lot width, depth, lot area, and setbacks. The other modification is within the header "Site Design Standards", which the first sentence was modified to make it clear that except for lot sizes, lot area, setbacks and the gated community minimum acreage, The Villas at Bluebonnet Ridge PDD is proposed to conform to the UDC. 

RECOMMENDATION

Staff Recommendation:
The Planning Division, Engineering Department, Public Works Department and Fire Department have all reviewed the proposed The Villas at Bluebonnet Ridge Planned Development District design standards with no objections to the proposed. Staff recommends approval of the proposed zone change to Planned Development District (PDD) as presented.

Planning and Zoning Commission Recommendation: 
The Schertz Planning and Zoning Commission met on June 14, 2023 and voted to recommend that City Council approve the proposed zone change with corrections to the PDD Design Standards in relation to the Impervious Coverage and the UDC acreage requirement for gated communities by a 5-1 vote with Commissioner Hector with the nay vote. 

 

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