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Agenda No. 6.
 
CITY COUNCIL MEMORANDUM
 
City Council Meeting: November 14, 2023
Department: Planning & Community Development
Subject: Ordinance 23-S-24: Consider a request to rezone approximately 2.1 acres of land from Neighborhood Services District (NS) and Planned Development District (PDD) to Planned Development District (PDD), known as Guadalupe County Parcel ID 31970, 31971, 31972, 31973, 31980, 31981, 31982, 31983, generally located northwest of the intersection between Schertz Parkway and Wiederstein Road, City of Schertz, Guadalupe County, Texas. Final Reading (B.James/S.Haas)

BACKGROUND

The applicant is requesting to rezone approximately 2.1 acres of land from Neighborhood Services District (NS) and Planned Development District (PDD) to Planned Development District (PDD).

On September 15, 2023, five (5) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of this staff report, two (2) responses in favor, zero (0) neutral, and zero (0) opposed have been received. A public hearing notice was published in the "San Antonio Express" on September 29, 2023.

GOAL

The goal is to rezone approximately 2.1 acres of land, generally located northwest of the intersection between Schertz Parkway and Wiederstein Road to a Planned Development District (PDD) known as Heritage Oaks II. This PDD will conform to the Heritage Oaks PDD development and design standards that were previously approved by Ordinance 21-S-15 on May 11, 2021.

The intent of the Heritage Oaks PDD is to develop the western portion of the Live Oak Hills Subdivision off of Schertz Parkway and Weiderstein Road. The existing Live Oak Hills Subdivision was platted and individual lots were sold in 1963 without the necessary infrastructure improvements, such as water lines, sewer lines, and roads, which left hundreds of lots to remain undeveloped. These undeveloped lots in Live Oak Hills collectively formed what is commonly referred to as a 'paper subdivision', or a subdivision that is recognizable on paper, but not in the real world. This situation poses numerous development challenges; from various land ownership parties to cost-prohibitive infrastructure requirements for individual lot development, 'paper subdivisions' can often remain vacant for decades, as is the situation with most of the Live Oak Hills Subdivision.

The Heritage Oaks PDD is designed to redevelop 45 acres of the existing Live Oak Hills subdivision plat along with an additional 21 acre tract into a 66 acre single-family residential subdivision. 

The proposed Heritage Oaks II PDD will incorporate Lot 13 Block 41 of the original Live Oak Hills subdivision that was not in the original Ordinance 21-S-15; this lot has since been acquired by the Heritage Oaks developer. Per UDC section 21.5.10.B.4.(a) the applicant must rezone a minimum of 2 acres for a PDD. 

Key features of Ord. 21-S-15 (Heritage Oaks):
Base Zoning: Single-Family Residential District (R-1)
Coving Plan: the Heritage Oaks PDD is designed through a coving plan. Contrary to traditional urban grid patterns, the coving plan is characterized by winding roads, extended block lengths, cul-de-sacs, and meandering setbacks that result in less impervious coverage.
Parkland, Open Space, and Trails: Enhanced open space, parkland dedication, and 10-foot & 30-foot concrete trails.
Landscaping and Tree Mitigation Features: 3 trees on each lot with a minimum of 15" inches caliper for the lot, and Preservation of 50% of Heritage Trees

The Heritage Oaks II PDD will in no way alter the design standards of the original Heritage Oaks PDD otherwise known as Ordinance 21-S-15.

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 Comprehensive Plan identifies the subject properties under the Single-Family Residential land use designation. Areas classified under the Single-Family Residential land use designation are intended to utilize a mix of residential uses, including detached single-family residential, as well as limited commercial development to support the daily activities of the development. The proposed zone change meets the goals and objectives of the Single-Family Residential future land use designation, and is therefore in conformance with the Comprehensive Land Use Plan.

Adding Block 41, Lot 13 will make the proposed subdivision more contiguous and more consistent. UDC Section 21.5.10.B.4.(a) stipulates that single-family Planned Development Districts must be a minimum of 2 acres. As a result, the applicant is rezoning the adjacent 2 acres around said lot to comply with the minimum acreage for a PDD established in the UDC.

RECOMMENDATION

Staff Recommendation: 
Based on the compatibility with the Comprehensive Land Use Plan, surrounding uses, and by incorporating the additional property into the proposed Heritage Oaks Development, staff recommends approval of the proposed zone change of approximately 2.1 acres from Neighborhood Services District (NS) and Planned Development District (PDD) to Planned Development District (PDD) as proposed.

Planning and Zoning Commission Recommendation: 
The Schertz Planning and Zoning Commission met on September 27, 2023, in which they held a public hearing on the item. The Planning and Zoning Commission made a recommendation of approval with a 7-0 vote.

City Council First Reading:
City Council voted unanimously to approve the request at the October 17, 2023 regular meeting.

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