| PLANNING AND ZONING COMMISSION MEETING: 05/15/2024 Agenda Item 4 A |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | Emily Delgado, Planning Manager |
| SUBJECT: | PLZC20240103- Conduct a public hearing and make a recommendation on a request to rezone approximately 32.7 acres to General Business District (GB), known as Bexar County Property Identification Number 339359, more specifically known as 13597 IH10 E, Bexar County, Texas. |
BACKGROUND
In 2010 and 2011 the City of Schertz entered into Delayed Annexation Development Agreements with property owners based on Texas Local Government Code Section 43.035 (b)(1) and 212.172 in order to (i) guarantee the continuation of the extraterritorial status of the Land for the term of the agreement and (ii) authorize the enforcement of all regulations and planning authority of the City that did not interfere with the use of the land for agriculture or wildlife manage or as timber land. Per the agreements that were signed and executed, specifically Section 5. Term; Annexation at End of Term, stipulates that ten (10) years after the effective date of the agreement the property is to be annexed into the City of Schertz.
In 2020 and 2021 the City of Schertz City Council authorized the City Manager and Staff to offer Development Agreement Extensions based on the nationwide and statewide declaration of public health emergency in relation to COVID -19 in addition to the Development Agreement Extensions would allow City staff to complete the Comprehensive Land Use Plan update which would be utilized when zoning the annexed properties. These extensions would provide the same rights as previously established in the original agreements but would delay the annexation of the properties to a later date. The prohibition on annexation would be in effect until January 1, 2024, at which time the City of Schertz would begin annexation proceedings and conclude them no later than December 31, 2024.
At this time, the first date identified in the agreement (January 1, 2024) has passed. Additionally, the approval of Ordinance 24-S-06, the Comprehensive Land Use Plan has officially been adopted and can be utilized for zoning cases moving forward. Per the Development Agreement Extensions, City staff have started the annexation and zoning process in accordance with the extensions. At the April 16, 2024 City Council meeting, Resolution 24-R-42 was approved, accepting the petitions for voluntary annexation.
PLZC20240103 is the next step in the annexation process, specifically in relation to establishing zoning for the approximately 32.7 acres. Bexar County Property Identification Number 339539 was listed in the Public Hearing Notice for PLZC20240092, which was heard at the May 8, 2024, Planning and Zoning Commission, as being proposed to be zoned Single-Family Residential District (R-2), when the property should have been noticed for a proposed General Business District (GB) zoning designation. The Planning and Zoning Commission excluded Bexar County Property Identification Number 339539, so it could be noticed properly with the proposed General Business District (GB) zoning designation.
On May 3, 2024, four (4) public hearing notices were mailed to the surrounding property owners within a 200-foot notification boundary of the subject parcels. Additionally, the property owner of the parcel was notified per Texas Local Government Code (LGC) Section 211.006. At the time of the staff report, zero (0) responses in favor, zero (0) responses neutral, and zero (0) responses in opposition have been received. A public hearing notice will be published in the "San Antonio Express" prior to the City Council meeting.
Subject Property:
Adjacent Properties:
In 2020 and 2021 the City of Schertz City Council authorized the City Manager and Staff to offer Development Agreement Extensions based on the nationwide and statewide declaration of public health emergency in relation to COVID -19 in addition to the Development Agreement Extensions would allow City staff to complete the Comprehensive Land Use Plan update which would be utilized when zoning the annexed properties. These extensions would provide the same rights as previously established in the original agreements but would delay the annexation of the properties to a later date. The prohibition on annexation would be in effect until January 1, 2024, at which time the City of Schertz would begin annexation proceedings and conclude them no later than December 31, 2024.
At this time, the first date identified in the agreement (January 1, 2024) has passed. Additionally, the approval of Ordinance 24-S-06, the Comprehensive Land Use Plan has officially been adopted and can be utilized for zoning cases moving forward. Per the Development Agreement Extensions, City staff have started the annexation and zoning process in accordance with the extensions. At the April 16, 2024 City Council meeting, Resolution 24-R-42 was approved, accepting the petitions for voluntary annexation.
PLZC20240103 is the next step in the annexation process, specifically in relation to establishing zoning for the approximately 32.7 acres. Bexar County Property Identification Number 339539 was listed in the Public Hearing Notice for PLZC20240092, which was heard at the May 8, 2024, Planning and Zoning Commission, as being proposed to be zoned Single-Family Residential District (R-2), when the property should have been noticed for a proposed General Business District (GB) zoning designation. The Planning and Zoning Commission excluded Bexar County Property Identification Number 339539, so it could be noticed properly with the proposed General Business District (GB) zoning designation.
On May 3, 2024, four (4) public hearing notices were mailed to the surrounding property owners within a 200-foot notification boundary of the subject parcels. Additionally, the property owner of the parcel was notified per Texas Local Government Code (LGC) Section 211.006. At the time of the staff report, zero (0) responses in favor, zero (0) responses neutral, and zero (0) responses in opposition have been received. A public hearing notice will be published in the "San Antonio Express" prior to the City Council meeting.
Subject Property:
| Zoning | Land Use | |
| Existing | Development Agreement Delayed Annexation(DVL) | Undeveloped |
| Proposed | General Business District (GB) | Undeveloped |
Adjacent Properties:
| Zoning | Land Use | |
| North | Apartment/ Multifamily Residential (R-4) Development Agreement Delayed Annexation(DVL) | Undeveloped |
| South | Right-Of-Way | IH-10 E Access Road |
| East | Development Agreement Delayed Annexation (DVL) | Agriculture |
| West | Pre-development (PRE) | Undeveloped |
GOAL
The proposed zone change is for approximately 32.7 acres as General Business District (GB). The goal is to zone Bexar County Property Identification Number 339359 in conformance with the Comprehensive Land Use Plan- Future Land Use Map.
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
When evaluating zone changes, staff uses the 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.
Bexar County Property Identification Number 339359 is identified in the Comprehensive Land Use Plan- Future Land Use Map as Regional Corridor which is described as commercial and entertainment areas along major thoroughfares that serve populations within the City and the broader region. Based on the identified parcels' proximity to IH-10 E Access Road, and Regional Corridor Land Use designation, the proposed General Business District (GB) is appropriate.
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 proposed zoning district designation is compatible with the surrounding land uses and existing zoning designations on the surrounding properties.
Additionally, per UDC Article 7 Section 21.7.3 A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created. This means that the subject property can continue to be utilized for their existing land use in conformance with UDC Article 7.
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 subject parcel is currently undeveloped. The proposed zoning designation General Business District (GB) is appropriate in the immediate area of the land to be annexed and zoned.
Upon annexation and zoning, the subject property would be subject to the City of Schertz Unified Development Code, including UDC Article 7 Nonconforming Uses, Lots and Structures. In accordance with UDC Article 7 Section 21.7.3 A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.
The proposed zoning designation to General Business District (GB) is appropriate in the immediate area of the land to be zoned.
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;
With the annexation and proposed zoning of the subject property, the City is better able to guide future development to ensure conformance with the Master Thoroughfare Plan, the Master Water Plan and Master Sewer Plan for the City. Additionally, the annexation and associated zoning would ensure that any future developments will meet City standards to ensure cohesive development across the City of Schertz which ultimately will ensure the safe, orderly, and efficient development of the City.
Although no development plans are currently proposed for the property being zoned, if development was to occur the water, sewer, and roadways would be evaluated during the development process.
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.
No, there have been no environmental or economic changes that warrant the requested zone change. The subject property is currently within the City of Schertz Extra-Territorial Jusrisdiction (ETJ) and is under a delayed annexation agreement. A zoning designation has not been previously established for this subject property. However, based on the expiration of the Delayed Annexation Agreement Extensions, the property is subject to annexation and, as part of that process, is subject to zoning.
6. Whether there is an error in the original zoning of the property for which a change is requested.
The subject property has no existing zoning as the property is in the Extra-Territorial Jurisdiction (ETJ) and is under a delayed annexation agreement.
7. Whether all of the applicant's back taxes owed to the City have been paid in full.
The subject property is currently not within the City of Schertz. No back taxes are owed to the City of Schertz. This does not impact the Planning and Zoning recommendation to City 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.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council.
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.
Bexar County Property Identification Number 339359 is identified in the Comprehensive Land Use Plan- Future Land Use Map as Regional Corridor which is described as commercial and entertainment areas along major thoroughfares that serve populations within the City and the broader region. Based on the identified parcels' proximity to IH-10 E Access Road, and Regional Corridor Land Use designation, the proposed General Business District (GB) is appropriate.
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 proposed zoning district designation is compatible with the surrounding land uses and existing zoning designations on the surrounding properties.
Additionally, per UDC Article 7 Section 21.7.3 A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created. This means that the subject property can continue to be utilized for their existing land use in conformance with UDC Article 7.
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 subject parcel is currently undeveloped. The proposed zoning designation General Business District (GB) is appropriate in the immediate area of the land to be annexed and zoned.
Upon annexation and zoning, the subject property would be subject to the City of Schertz Unified Development Code, including UDC Article 7 Nonconforming Uses, Lots and Structures. In accordance with UDC Article 7 Section 21.7.3 A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.
The proposed zoning designation to General Business District (GB) is appropriate in the immediate area of the land to be zoned.
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;
With the annexation and proposed zoning of the subject property, the City is better able to guide future development to ensure conformance with the Master Thoroughfare Plan, the Master Water Plan and Master Sewer Plan for the City. Additionally, the annexation and associated zoning would ensure that any future developments will meet City standards to ensure cohesive development across the City of Schertz which ultimately will ensure the safe, orderly, and efficient development of the City.
Although no development plans are currently proposed for the property being zoned, if development was to occur the water, sewer, and roadways would be evaluated during the development process.
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.
No, there have been no environmental or economic changes that warrant the requested zone change. The subject property is currently within the City of Schertz Extra-Territorial Jusrisdiction (ETJ) and is under a delayed annexation agreement. A zoning designation has not been previously established for this subject property. However, based on the expiration of the Delayed Annexation Agreement Extensions, the property is subject to annexation and, as part of that process, is subject to zoning.
6. Whether there is an error in the original zoning of the property for which a change is requested.
The subject property has no existing zoning as the property is in the Extra-Territorial Jurisdiction (ETJ) and is under a delayed annexation agreement.
7. Whether all of the applicant's back taxes owed to the City have been paid in full.
The subject property is currently not within the City of Schertz. No back taxes are owed to the City of Schertz. This does not impact the Planning and Zoning recommendation to City 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.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council.
RECOMMENDATION
Due to the property having a Delayed Annexation Development Agreement Extension that is expiring and is subject to voluntary annexation, it is appropriate to zone this property at the same time. Per the agreement "Upon annexation the property shall be zoned in accordance with the uses and procedures set forth in the City's Comprehensive Land Plan and Unified Development Code". The proposed zoning designation is in conformance with the recently adopted Comprehensive Land Use Plan- Future Land Use Map. Staff recommends approval of PLZC20240103