The applicant was initially proposing to rezone approximately twenty-one (21) acres from General Business District (GB) and Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4) in order to develop a multi-family development with a maximum density of twenty-four (24) units per acre. 

Twenty-One (21) public hearing notices were mailed to the surrounding property owners on August 30, 2023. A public hearing notice was published in the "San Antonio Express" on September 20, 2023. At the time of this report, September 29, 2023, staff has received seven (7) responses opposed (one of the owner responses represents two property IDs), ten (10) response in favor, and zero (0) response neutral for the requested rezoning.

On Friday, October 6 the applicant formally notified staff that they were formally withdrawing a portion of the property from the rezoning request to remove the long narrow strip of property to IH-35. They intend to use this access the larger rectangular shaped property where they would like to develop multi-family. Since this narrow stop would only be used for access and no actual units or items required per the site design standards - parking, required landscaping, etc. it does not have to be rezoned. The acreage of the property they are now requesting to be rezoned is approximately 18.9 acres.

By formally altering their rezoning request, the area being considered by Council has been reduced and the area for which written opposition is considered has also been altered. Staff did not alter the caption to avoid confusion based on the notice that was published.

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 October 6, 2023, at 12:00pm) the total percentage of the protested parcel acreage is 31.11%, therefore, the 3/4 vote has been triggered for the October 10, 2023, City Council. 

The proposed zoning is for approximately 18.9 acres from Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4). 

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

Section 21.5.4 Zoning Change/Zoning Map Amendment D Criteria For Approval lists 8 criteria to be considered in considering a recommendation for a zoning change. While the concepts are covered in the discussion in the staff reports, staff thought it might be helpful to articulate each and provide a concise response on each.

1.       Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map;

The description of Single Family Residential in the Comprehensive plan indicates that "the Single Family Residential use may include a mix of residential uses" not a mix of single family residential uses. As such some multi-family is consistent with this language. Further the Comprehensive Plan has a goal to "Achieve an efficient, diverse and balanced pattern of land uses within the City and the ETJ." and objective of providing "an appropriate mix of different land use types in suitable locations, densities and patterns consistent with the goals and objectives established in the Plan" which this would do. Finally, the plan states that "Housing should be developed to meet all needs of the community in terms of affordability, availability, adequacy and accessibility. Commercial Retail and Office" Multifamily housing helps to meet this need, especially in light of the rapidly increased cost of housing that has been discussed over the past few years. 

2.       Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development 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. Given the existing M-1 zoning adjacent to the subject property, multi-family provides a better transition than single family detached lots.

3.       Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;

The site development standards in the UDC for multi-family development and the use of multifamily are appropriate and in fact seem to be the best in light of the significant variation in terms of zoning and land uses - single family residential, commercial and industrial.


4.       Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area;

As the Comprehensive Plan notes, as development matures in rural areas, higher densities should be considered, Given the location of the subject property and the proximity of development, the city's various plans and infrastructure projects assume higher intensity development in this area, rather than rural, this includes a planned thoroughfare running through the northern portion of the property and one to the east, approximately 350' away and the water storage tank less than 150' away. Given the population changes in SCUCISD this change does not conflict with the school district's plans including the 10 year campus forecasting.

5.       Whether there have been environmental and/or economical changes which warrant the requested change;

As has been a topic of discussion over the last few years, the significant rise in housing prices supports looking to increase the supply of multi-family housing. As has been mentioned in the past at P&Z the new median home value in SCUCISD has risen to over $430,000 from $210,650 in the pats 10 years. 

6.       Whether there is an error in the original zoning of the property for which a change is requested;

There is not an error, but the R-A zoning is generally more common in the areas designated in the FLUP as Estate Neighborhood and Agricultural Conservation. The plan seems to anticipate these requests for greater density as areas continue to develop.

7.       Whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and,

This does not impact consideration by P&Z or the first reading from Council. 

8.       Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.

Much of the opposition heard at P&Z was similar to every case where there is proposed multi-family zoning. A lot of this has to do with current levels of infrastructure versus planned or proposed infrastructure.


The reduced subject property is currently zoned Single Family Residential / Agricultural (RA). In the vicinity of the subject property there are properties zoned General Business (GB), Manufacturing Light (M-1), Planned Development District (PDD) and Single Family Residential / Agricultural (R-A). The proposed Apartment / Multi-Family Residential (R-4) zoning district is consistent with the General Business zoned properties, and PDD zoned properties designated for Multi-Family Development within the area. Additionally, the subject parcel is immediately adjacent to a 101-acre tract of land that is zoned Manufacturing Light (M-1). The proposed R-4 zoning district would act as a buffer between Commercial and Industrial properties and the residential.

The existing zoning Single-Family Residential (R-A) per UDC Article 5 Section 21.5.5 is intended to provide for areas in which agricultural land may be held in such use for as long as is practical and reasonable. Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one-half acre). This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. Specifically, the UDC states “.. In such use for as long as is practical and reasonable.” The subject property is located 1,580 feet from IH 35, 600 feet to the north is property zoned for General Business, 340 feet to the east is property zoned General Business, immediately adjacent to property zoned Manufacturing Light, and 700 feet to the west is property zoned PDD that will be developed as Multi-Family. The existing Single Family Residential / Agricultural (R-A) zoning is not consistent with the land uses in the vicinity and the zoning designations. 

The 2002 Comprehensive Land Plan identified the subject property as Commercial Campus and Industry, Technology and R and D. The subject property was not modified with the 2013 Sector Plan. In 2017, Ordinance 17-S-20 amended the portion of property identified as Industry, Technology, and R and D to the current designation of Single Family Residential. The modified subject property is identified as “Single Family Residential” on the Comprehensive Land Use Map. The Single-Family Residential use may include a mix of residential uses as well as limited commercial development. The City of Schertz has historically interpreted this to include multi-family / apartment. The Comprehensive Land Use Plan supports the proposed zone change to Apartment / Multi-Family (R-4). The Planning Division has recommended approval on several Multi-Family projects / zone changes that the Comprehensive Land Use Plan designated the property as “Single Family Residential”. Such as Schertz Station, located approximately 700 feet west of the subject property has approximately 29.09 acres that is designated as “Single Family Residential” on the Comprehensive Land Use Plan. This property was approved to be zoned Planned Development District (PDD) with a base zoning of Apartment / Multi-Family (R-4). Specifically, the 29.09 acres will be developed as 318 Multi-Family units.

In the vicinity of the subject property there are several properties that have the “Single Family Residential” Comprehensive Land Use Plan Designation and are zoned for Commercial, Industrial, or Multi-Family.  In evaluating the requested zone change, staff evaluated the subject property and surrounding properties as well based on the comprehensive land use plan and the current uses on the properties in the area. If other properties in the vicinity currently zoned Single-Family Residential / Agricultural (R-A) requested a zone change to Apartment / Multi-Family (R-4), the Planning Division would recommend approval based on the surrounding land uses and zoning districts along with the Comprehensive Land Use Plan supporting a mix of residential uses. Additionally, if properties in the vicinity zoned R-A requested a commercial designation such as General Business, staff would support this zone change request as well based on the Comprehensive Land Use Plan- Single Family Residential designation supporting limited commercial development.
 

The Planning and Zoning Commission conducted a public hearing on September 13, 2023 and made a recommendation of approval with a 7-0 vote of the intitial 21 acre rezoning request. 

Due to the late change in the property requested to be rezoned, staff will add the correct exhibits to the draft ordinance prior to council.