Agenda No. 8.
CITY COUNCIL MEMORANDUM
| City Council Meeting: | January 7, 2025 |
| Department: | Planning & Community Development |
| Subject: | Ordinance 25-S-003 - Conduct a public hearing and consider a request to rezone approximately 20 acres of land from General Business District (GB), Agricultural District (AD), and Pre-Development District (PRE) to Middle Density Residential District (R-5), more specifically known as 5524 Eckhardt Road, also known as a portion of Comal County Property Identification Numbers 75449 and 78233, City of Schertz, Comal County, Texas. (B.James/L.Wood/S.Haas) |
BACKGROUND
Per the letter of intent, the applicant is seeking to rezone portions of their property to Middle Density Residential District (R-5).
On November 22, 2024, 16 public hearing notices were mailed to the surrounding properties within a 200-foot notification boundary of the subject property. A notice was also sent to Comal ISD to notify them of the zone change request. At the time of the staff report, zero (0) responses in favor, zero (0) responses neutral, and zero (0) response in opposition have been received.
A public hearing notice was published in the "San Antonio Express" on December 18, 2024. Additionally, one (1) sign was placed on the subject property.
Subject Property:
Adjacent Properties:
On November 22, 2024, 16 public hearing notices were mailed to the surrounding properties within a 200-foot notification boundary of the subject property. A notice was also sent to Comal ISD to notify them of the zone change request. At the time of the staff report, zero (0) responses in favor, zero (0) responses neutral, and zero (0) response in opposition have been received.
A public hearing notice was published in the "San Antonio Express" on December 18, 2024. Additionally, one (1) sign was placed on the subject property.
Subject Property:
| Zoning | Land Use | |
| Existing | General Business District (GB), Agricultural District (AD), and Pre-Development District (PRE) | Undeveloped and Residence |
| Proposed | Middle Density Residential District (R-5) | Multifamily Development |
Adjacent Properties:
| Zoning | Land Use | |
| North | General Business District (GB) | Undeveloped |
| South | General Business District (GB) and Agricultural District (AD) | Rural Residence/Ag Use |
| East | General Business District (GB) and Pre-Development District (PRE) | Residential, Commercial Use |
| West | Right of Way | Eckhardt Road |
GOAL
The goal is to rezone the property from General Business District (GB), Agricultural District (AD), and Pre-Development District (PRE) to Middle Density Residential District (R-5).
The UDC was recently amended on October 22, 2024, with City Council's approval of Ordinance 24-S-156. This new text to the UDC established Middle Density Residential District (R-5) which was crafted with the intent to encourage multifamily developments that would be less-dense and thus more compatible with existing single family subdivisions. The table below is a summary of Middle Density Residential District (R-5) compared to the current existing districts on the property.
The UDC was recently amended on October 22, 2024, with City Council's approval of Ordinance 24-S-156. This new text to the UDC established Middle Density Residential District (R-5) which was crafted with the intent to encourage multifamily developments that would be less-dense and thus more compatible with existing single family subdivisions. The table below is a summary of Middle Density Residential District (R-5) compared to the current existing districts on the property.
| Table 21.5.7.A. Dimensional Requirements |
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| Minimum Lot Size Dimensions (Ft) | Minimum Yard Setbacks (Ft) | Misc. Lot Requirements | |||||||||
| Code | Zoning District | Area Sqft | Width | Depth | Front | Side | Rear | Min. Off-Street Parking | Maximum Height | Max Imperv Cover | |
| Proposed | R-5 | Middle Density Residential District | 10,890 | - | - | 25 | 10 | 10 | 2 | 35 | 80% |
| Existing | GB | General Business District | 10,000 | 100 | 100 | 25 | 0,25(r) | 0,25(r) | Sec. 21.10.4 | 120 | 80% |
| Existing | AD | Agricultural District | 217,800 | 100 | 100 | 25 | 25 | 25 | 2 | 35 | 30% |
| Existing | PRE | Pre-Development District* | - | - | - | - | - | - | - | - | - |
| *Pre-Development District (PRE) has no dimensional and design standards as it is intended as a holding district only. | |||||||||||
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 Change applications, staff uses the Criteria for Approval located in UDC Section 21.5.4.D.
1. Whether the proposed zoning change implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans;
The Comprehensive Plan designates this area as "Regional Corridor", which is intended to provide commercial and entertainment areas along major thoroughfares. Multifamily complexes may also be appropriate for Regional Corridor. For this reason, the proposed zone change is consistent with the Comprehensive Plan.
2. Whether the proposed zoning change promotes the health, safety, and general welfare of the City.
As part of promoting health, safety, and general welfare, zone change requests should align with the Unified Development Code (UDC) and city policy. The UDC was recently amended on October 22, 2024, with City Council's approval of Ordinance 24-S-156. This new text to the UDC established Middle Density Residential District (R-5) which was crafted with the intent to encourage multifamily developments that would be less-dense and thus more compatible with existing single family subdivisions. The UDC also strives to "ensure the safe, orderly and efficient development and expansion of the City" and to "prevent the overcrowding of land and avoid undue concentration or diffusion of population". This request is consistent with the new policy and the UDC. For these reasons, this request promotes health, safety, and general welfare.
3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area;
The permitted uses within Middle Density Residential District (R-5) are as follows:
The immediate area is largely undeveloped and also consists of residential subdivisions such as Cypress Point, Parklands, and Parklands II. The permitted uses within the Middle Density Residential District (R-5) are primarily residential focused and are consistent and appropriate with the immediate area.
4. Whether other factors are deemed relevant and important in the consideration of the amendment.
This applicant previously requested a rezone for Apartment / Multifamily District (R-4) for this property. However, at the November 6, 2024, Planning and Zoning Commission meeting, the applicant indicated that the goal was for a less-dense multifamily development. The Commissioners and Staff both recommended Middle Density Residential District (R-5) as a more compatible zoning request. The applicant withdrew the Apartment / Multifamily District (R-4) request and reapplied with a Middle Residential Density District (R-5) request.
Schertz Fire, EMS, and Police have been notified of the zone change requests and have provided no objection.
1. Whether the proposed zoning change implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans;
The Comprehensive Plan designates this area as "Regional Corridor", which is intended to provide commercial and entertainment areas along major thoroughfares. Multifamily complexes may also be appropriate for Regional Corridor. For this reason, the proposed zone change is consistent with the Comprehensive Plan.
2. Whether the proposed zoning change promotes the health, safety, and general welfare of the City.
As part of promoting health, safety, and general welfare, zone change requests should align with the Unified Development Code (UDC) and city policy. The UDC was recently amended on October 22, 2024, with City Council's approval of Ordinance 24-S-156. This new text to the UDC established Middle Density Residential District (R-5) which was crafted with the intent to encourage multifamily developments that would be less-dense and thus more compatible with existing single family subdivisions. The UDC also strives to "ensure the safe, orderly and efficient development and expansion of the City" and to "prevent the overcrowding of land and avoid undue concentration or diffusion of population". This request is consistent with the new policy and the UDC. For these reasons, this request promotes health, safety, and general welfare.
3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area;
The permitted uses within Middle Density Residential District (R-5) are as follows:
| Middle Density Residential District (R-5) Permitted Uses | |
| Permitted by Right | Permitted with a Specific Use Permit |
|
|
The immediate area is largely undeveloped and also consists of residential subdivisions such as Cypress Point, Parklands, and Parklands II. The permitted uses within the Middle Density Residential District (R-5) are primarily residential focused and are consistent and appropriate with the immediate area.
4. Whether other factors are deemed relevant and important in the consideration of the amendment.
This applicant previously requested a rezone for Apartment / Multifamily District (R-4) for this property. However, at the November 6, 2024, Planning and Zoning Commission meeting, the applicant indicated that the goal was for a less-dense multifamily development. The Commissioners and Staff both recommended Middle Density Residential District (R-5) as a more compatible zoning request. The applicant withdrew the Apartment / Multifamily District (R-4) request and reapplied with a Middle Residential Density District (R-5) request.
Schertz Fire, EMS, and Police have been notified of the zone change requests and have provided no objection.
RECOMMENDATION
Staff Recommendation
The request for Middle Density Residential District (R-5) aligns with the Comprehensive Plan, promotes the policies in the City and the UDC, and is consistent with the surrounding land uses. Therefore, staff is recommending approval of Ord. 25-S-003
Planning and Zoning Commission Recommendation
The Schertz Planning and Zoning Commission held a public hearing on December 4, 2024, and made a recommendation of approval with a 6-0 vote.
The request for Middle Density Residential District (R-5) aligns with the Comprehensive Plan, promotes the policies in the City and the UDC, and is consistent with the surrounding land uses. Therefore, staff is recommending approval of Ord. 25-S-003
Planning and Zoning Commission Recommendation
The Schertz Planning and Zoning Commission held a public hearing on December 4, 2024, and made a recommendation of approval with a 6-0 vote.
Attachments
- Ordinance 25-S-003 with Attachments
- Aerial Exhibit
- Zoning Exhibit
- Public Hearing Notice Map
- City Council Presentation Slides