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Agenda No. 10.
 
CITY COUNCIL MEMORANDUM
 
City Council Meeting: May 21, 2024
Department: Planning & Community Development
Subject: Ordinance 24-S-19- Approving a request to rezone approximately 3 acres of land, from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), a portion of Bexar County Property Identification Number 308402, also known as 11627 Voges Pass, City of Schertz, Bexar County, Texas. Final Reading (B.James/L.Wood/D.Marquez)

BACKGROUND

The applicant is requesting to rezone approximately 3 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A). The subject property is currently a single-family home with agriculture. 

On March 20, 2024, seven (7) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, zero (0) responses in favor, zero (1) response neutral, and zero (0) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on April 10, 2024. Additionally, one (1) sign was placed on the property. The Planning and Zoning Commission held a public hearing for this item on April 3, 2024.

GOAL

The proposed zone change is for approximately 3 acres of land to Single-Family Residential/ Agricultural District (R-A). Per the letter of intent submitted with the application, the property owner desires to remodel their existing home. 

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

To the north of the property, the property is zoned Pre-Development District (PRE) and is used as a single-family home and agricultural. To the east of the property is Voges Pass. To the west, the property is zoned Manufacturing District-Heavy (M-2) and is currently used for industrial uses. To the south, the property is within the Schertz Extraterritorial Jurisdiction (ETJ) and is used for a single-family home and agriculture.

When evaluating zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below.

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 proposed Single-Family Residential / Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan.

The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of the Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering appropriateness of housing density factors such as roadway classification and conflicts among land uses should be considered.

The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designation as per its statement of purpose and intent from UDC Section 21.5.5. The intent of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. The surrounding properties are Pre-Development District (PRE) and the subject property is at the edge of the City of Schertz Extraterritorial Jurisdiction (ETJ).

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. The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7 of the Unified Development Code, are compatible with what is in the surrounding area.
Table 21.5.7.A
Dimensional Requirements
Residential Zoning Districts
  Minimum Lot Size Dimensions Minimum Yard Setback (Ft) Miscellaneous Lot Requirements
Code Zoning District Area Sq. Ft. Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. Minimum Off-Street Parking Spaces Max Height Ft. Max Impervious Coverage
R-A Single-Family Residential/ Agricultural 21,780 - - 25 25 25 2 35 50%

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;

Yes, the uses permitted in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential / Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long as is practical and reasonable with residences a minimum of half-acre in size, and where development is premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5.

A majority of the surrounding properties are zoned Pre-Development District (PRE) and are used for single family residential and agriculture. Additionally, the southern property line of the subject property is adjacent to the City of Schertz Extraterritorial Jurisdiction. 

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;

The existing access point for the property is off of the existing Voges Pass. Voges Pass is a private road and is not maintained by the City of Schertz. The subject property currently uses an on-site septic system and is serviced by the City of Schertz for water.

 A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation.The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services.

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

The applicant would like to renovate the existing home and the Pre-Development District (PRE) is a placeholder and requires a zone change for construction, building permits, etc.

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

There was no error in the original zoning of the property. The subject property was annexed into the City of Schertz in 1974 with Ordinance 74-A-24. Pre-Development District (PRE) is a placeholder and this property along with others in the area and around southern Schertz were given Pre-Development District (PRE) instead of zoning each individual property.

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

All back taxes owed have been paid in full.

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.

Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council.

RECOMMENDATION

The proposed zone change to Single-Family Residential/Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property. Thus, Staff recommends approval of Ordinance 24-S-19.

The Planning and Zoning Commission met on April 3, 2024, and made a recommendation of approval with a 6-0 vote. 

The Schertz City Council met on May 7, 2024, and approved Ordinance 24-S-19 as presented with a 6-0 vote.

Attachments