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PLANNING AND ZONING COMMISSION MEETING:  09/13/2023
Agenda Item 5 A
 
TO: Planning and Zoning Commission
PREPARED BY: Emily Delgado, Planning Manager
CASE: PLZC20230051
SUBJECT: PLZC20230051– Hold a public hearing, consider and make a recommendation on a request to rezone approximately 21 acres of land from General Business District (GB) and Single-Family Residential / Agricultural District (R-A) to Apartment / Multi-Family Residential District (R-4), generally located approximately 3,000 feet east of the intersection of IH 35 access road and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers: 68315, 68316, 68296, 68295, 68294, also known as 2204 Den-Ott Hill, 2228 Den-Ott Hill, 2300 Den-Ott Hill, City of Schertz, Guadalupe County, Texas.

GENERAL INFORMATION:

Owner: Harold Densberger
Applicant: Marstan Equities LLC

APPLICATION SUBMITTAL DATE:

Date Application Type
March 10, 2023 Zone Change Request
   

PUBLIC NOTICE:

Twenty-One (21) public hearing notices were mailed to the surrounding property owners on August 30, 2023 with a public hearing notice to be published in the "San Antonio Express" prior to the City Council public hearing. At the time of this report, Staff has received five (5) responses opposed and eight (8) response in favor, and one (1) response neutral to the requested rezoning.

ITEM SUMMARY:

The applicant is proposing to rezone approximately twenty-one (21) acres of land 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. 

LAND USES AND ZONING:

  Zoning Land Use
Existing General Business District (GB) and Single-Family Residential / Agricultural District (R-A) Residential / Undeveloped
Proposed Apartment / Multi-Family Residential District (R-4) Multi-Family / Apartments 


Adjacent Properties: 
  Zoning Land Use
North General Business District (GB)
Single-Family Residential / Agricultural District (R-A)
IH 35 Access Road
Residential, Undeveloped, Right of Way
South Single-Family Residential / Agricultural District (R-A) Undeveloped
East Single-Family Residential / Agricultural District (R-A) Undeveloped
West Manufacturing Light District (M-1) Undeveloped 

PROPOSED ZONING:

The applicant is requesting to rezone the approximately 21 acres of land 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 residential development. 

Per UDC Article 5 Section 21.5.7 below are the dimensional requirements associated with the proposed Apartment / Multi-Family Residential District (R-4). These dimensional requirements would be applicable for the property if the proposed zoning is approved. 
 
    Minimum Lot Size and Dimensions Minimum Yard Setback Miscellaneous Requirements
Code Zoning District Area Sq. Ft Width Ft.  Depth Ft. Front Ft. Side Ft. Rear Ft. Min. Off Street Parking Max Height Ft. Max. Impervious Cover
R-4
Apartment/Multi-Family Residential District
10,000 100 100 25 10 20 2 spaces per unit, plus additional guest parking provided at a ratio of 5% of required spaces 35 75%

Per UDC Article 5 Section 21.5.5, the maximum density for Apartment / Multi-Family Residential District (R-4) shall be twenty- four (24) units per acre. Additionally, twenty percent (20%) of the total platted area shall be provided as common, usable open space. The subject property is approximately 20.32 acres which would equate to a maximum density of 488 units. 

CONFORMANCE WITH THE COMPREHENSIVE PLAN:

The 2002 Comprehensive Land Plan identified the subject property as Commercial Campus and Industry, Technology and R and D. In 2017 Ordinance 17-S-20 amended this portion of the Comprehensive Land Use plan to Single Family Residential, which is what the property is currently identified as. The first 1,050 feet of the subject property (the portion that is the access to the IH 35 access road) is currently identified as Commercial Campus. The rest of the subject tract is identified as Single-Family Residential. 
  • Comprehensive Plan Goals and Objectives: The land use designation of Single-Family Residential is intended to utilize a traditional neighborhood design that includes a mixture of residential uses, as well as limited commercial development to support the daily activities of the development. The Commercial Campus land use designation is intended to encourage lower intensity commercial and office uses in addition to multi-family. Both the Commercial Campus and Single-Family Residential Comprehensive Land Use Plan designations support multi-family development. 
  • Impact of Infrastructure: If the proposed zone change is approved, the property will go through the development process to include platting, site plan, and building permits. During the platting process the public infrastructure improvements will be evaluated and any required infrastructure will be installed. 
  • Impact of Public Facilities/Services: The proposed zone change would have minimal impact to the public services, such as schools, fire, police, and parks.
  • Compatibility with Existing and Potential Adjacent Land Uses: The property is adjacent to residential used property, along with undeveloped property, and commercial business. The Comprehensive Land Use Plan designation of Single-Family Residential and Commercial Campus is designed to provide a mixture of housing options along with limited commercial. The proposed rezoning to Apartment / Multi-Family Residential (R-4) is compatible with the existing and potential adjacent land uses. Additionally, in the area approximately 650 feet to the west of the subject property is the proposed development Schertz Station and more specifically, the portion of the development designed to be multi-family. 

STAFF ANALYSIS AND RECOMMENDATION:

The property has the land use designation under from the 2017 Comprehensive Land Use Plan Amendment as Single-Family Residential.  The Single-Family Residential land use designation encourages the mixture of various residential type developments as well as maintaining the walkable neighborhood feel.  The proposed rezoning to Apartment / Multi-Family Residential District (R-4) conforms to the Comprehensive Land use Plan designation as it would provide a mixture of housing types to the area.  Per the Unified Development Code, the Apartment/Multi-Family Residential District (R-4) has a maximum density of 24 units per acre. 

Based on the conformance to the Comprehensive Land Use Plan designation, staff is recommending approval of PLZC20230051 as presented. 
 
 
Planning Department Recommendation  
X Approve as submitted
  Approve with conditions*
  Denial
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.

COMMISSIONERS CRITERIA FOR CONSIDERATION:

The Planning and Zoning Commission is making a recommendation to City Council on the proposed zoning application. In considering action on a zoning application, the Commission should consider the criteria within UDC Article 5, Section, 21.5.4 D. 

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