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  5.B.       
Planning & Zoning Commission
Meeting Date: 11/16/2022  
Submitted By: Emily Delgado, Planning Manager

GENERAL INFORMATION:
Owner: Ras R Jr and Holly Ruhmann
Developer: Ocotillo Capital Partners, Josh Pollock
Applicant: Killen, Griffin & Farrimond, Delaney Honaker
Engineer: Manhard Consulting, Zach Steele
APPLICATION SUBMITTAL DATE:
Date Application Type
August 5, 2022 Request to zone subject property Apartment / Multi-Family Residential (R-4)
   
PUBLIC NOTICE:
Twenty-three (23) public hearing notices were mailed to the surrounding property owners within two hundred (200) feet of the subject property on November 3, 2022. At the time of this staff report we have received five (5) responses opposed and no responses in favor or neutral to the proposed rezone request.
ITEM SUMMARY:
The applicant has requested to zone the approximately 31 acres of land to Apartment / Multi-Family Residential (R-4). Currently, the subject property is within the City of Schertz Extra Territorial Jurisdiction (ETJ) and does not have an assigned zoning designation. In conjunction with this zoning request the applicant has also submitted a Comprehensive Land Use Plan Amendment and a request for voluntary annexation into the City of Schertz. 

Per the letter of intent submitted the applicant / developer would like to develop the subject property as a townhome retail community consisting of 220 residential units situated in clusters with parkland dedication along FM 1518. 
LAND USES AND ZONING:
  Zoning Land Use
Existing Outside City Limits / No Established Zoning Designation Rural / Residential
Proposed Apartment / Multi-Family Residential (R-4) Multi-Family / Townhome Residential 


Adjacent Properties: 
  Zoning Land Use
North Delayed Annexation Development Agreement / Outside City Limits / No Established Zoning Designation Rural / Residential 
South Woman Hollering Road Right-of-Way
East Quailwood Run Right-of-Way
West FM 1518 Right-of-Way
PROPOSED ZONING:
The applicant is proposing to zone approximately 31 acres of land to Apartment / Multi-Family Residential (R-4). The property is currently within the City of Schertz's ETJ and does not have a zoning designation currently. The proposed R-4 would be the subject properties first zoning designation. 

The letter of intent indicates the desire is to develop a townhome rental community consisting of 220 residential units situated in clusters. However, since the requested zoning designation is Apartment / Multi-Family Residential (R-4), all uses and densities permitted by the City of Schertz Unified Development Code would be permitted if the proposed zone change were approved. 

Per Unified Development Code Article 5 Section 21.5.7 the following dimensional requirements would be applicable if the proposed zone change were approved: 
 
    Min. Lot Size Min., Yard Setback Min. Off-Street Parking Misc. Requirements
Code Classification Area sf    Width ft    Depth ft    Front ft Side ft Rear ft Parking Max. Height Max. Cover
R-4 Apartment/Multi-Family 10,000 100 100 25 10 20 1.5 spaces per 1 bedroom unit
2 spaces per 2 bedroom unit
2.5 spaces per 3+ bedroom unit
Plus additional guest parking provided at a ratio of 5% of required spaces
35 75%

Additionally, per UDC Article 5 Section 21.5.5 the following would be applicable if the proposed zone change were approved: 
The minimum lot size in such district is 10,000 square feet for three (3) units and 1,800 square feet for each additional dwelling unit. The maximum density shall be twenty-four (24) units per acre. Twenty percent (20%) of the total platted area shall be provided as common, usable open space.
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
Currently, the Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan and the South Schertz Sector Plan, designates the subject property as Estate Neighborhood. The Estate Neighborhood land use designation is designed to preserve the rural Southern Schertz by maintaining open space, large lots, and areas with large wooded lots. The land use designation is intended to have large residential lots (1/2 acre min.), maintain 50% of open space, and to encourage cluster neighborhood development. 

However, in conjunction with this proposed zoning and voluntary annexation the applicant has also submitted a Comprehensive Land Use Plan Amendment which request the Estate Neighborhood be updated to Mixed-Use Neighborhood. This proposed future land use designation is intended to be comprised of primarily a mixture of retail, restaurant, office, and multifamily residential uses. If the Comprehensive Land Use Plan Amendment were to be approved, the proposed zoning to Apartment / Multi-Family Residential (R-4) would be directly in line with the Mixed-Use Neighborhood future land use designation. 
  • Comprehensive Plan Goals and Objectives: The proposed Mixed-Use Neighborhood land use designation (if approved) is intended to accommodate a mixture of retail, restaurant, office, and multifamily residential uses. 
  • Impact of Infrastructure: The subject property has frontage onto FM 1518, Woman Hollering Road, and Quailwood Run. If the proposed zone change were approved, the next development process would be platting. During the platting process and public infrastructure requirements needed for the property would be evaluated to include water, sewer, and roadway improvements. 
  • Impact of Public Facilities/Services: The subject property is currently within the ETJ, so if the property is annexed into the City of Schertz per Texas Local Government Code (LGC) Chapter 43, the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through an interlocal agreement, the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection, sewer service, and water service.
  • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by right of ways (FM 1518, Woman Hollering Road, and Quailwood Run) and rural residential property. The adjacent properties are either within the ETJ or under a delayed annexation development agreement. Per the Comprehensive Land Use Plan, the surrounding properties are designated as Estate Neighborhood land use designation. 
STAFF ANALYSIS AND RECOMMENDATION:
The property has requested a Comprehensive Land Use Plan Amendment in order to have the Mixed Use Neighborhood land use designation for the subject property.  The Mixed Use Neighborhood Center land use designation encourages the mixture of commercial and residential type developments.  This would include retail, restaurant, office and multi-family residential uses.  The proposed zoning to Apartment/Multi-Family Residential District (R4) does conform to the proposed Comprehensive Land Use Plan designation. 

The South Schertz area, based on recently approved Future Land Use Plan amendments and corresponding zoning changes (Carmel Ranch and Saddlebrook, the 44 acres on Schaefer Road, the 362 acres on Trainer Hale Road, and the 15 acres on FM 1518 approved in 2022) has begun to see a shift from the rural, large lot, agricultural areas to more of the traditional subdivision with a mixture of multifamily to allow open space and amenities. Due to the evolving needs that the City of Schertz is experiencing, allowing this proposed zoning to Apartment / Multi-Family Residential (R-4), would allow the opportunity for working families to live in the area and have quick access to Randolph Air Force Base and Interstate 10.

Based on the change in condition that has been occurring in southern Schertz since 2020 and the growing desire for a mixture of residential housing types and the proposed Comprehensive Land Use Plan Amendment, staff is recommending approval for the requested zoning of Apartment / Multi-Family Residential (R-4) 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. 
Attachments
Aerial Map
Public Hearing Notification Map
Zoning Exhibit- Current and Proposed
Zoning Exhibit- Applicant
Public Hearing Responses

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