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  6.       
City Council Regular Meeting
Meeting Date: 12/13/2022  
BACKGROUND
Owner: Theresa Jeanne Ackermann

Forty public hearing notices were mailed to the surrounding property owners on September 30, 2022 with a public hearing notice published in the "San Antonio Express" on Wednesday, November 16, 2022.  At the time of this report, staff has received six (6) responses opposed and one (1) response in favor of the requested rezoning. Five of the responses in opposition are from property owners within the 200' notice area. They represent 20.1% of the area within the 200' notice area. As these protests exceed the 20% requirement, an affirmative vote of at least three-fourths of Council is required to approve this request. The attached Opposition Exhibit shows the opposition that is within the 200' notice area. 

A public hearing was held at the October 12, 2022, Planning and Zoning Commissions meeting where the following residents spoke:
  • Louis Dawkins - 536 Scarlet Ct., Canyon Lake
  • Donna Sanders - 4507 Pecos Pt.
  • Theresa Jeanne Ackermann - property owner
  • Carlos Sanders - 4507 Pecos Pt.

There was a discussion on:
  • Clarification on water standards and availability
  • Property Taxes
  • Retail sales businesses
  • Road improvements
  • Land use changes
GOAL
The goal is to rezone approximately 31 acres of land from General Business District (GB) to Single-Family Residential District (R-2) in order to develop a residential subdivision. 
COMMUNITY BENEFIT
The community benefit is to promote safe, orderly, efficient development and bring about the City's vision of future growth. 
SUMMARY OF RECOMMENDED ACTION
The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan and the North Schertz Sector Plan, designates this subject property as Single-Family Residential.
  • Comprehensive Plan Goals and Objectives: The Single-Family Residential designation from the Comprehensive Land Use Plan and the Future Land Use Plan is intended to accommodate Single-Family Residential which is defined as conventional detached dwellings. For areas proposed to utilize a traditional neighborhood design the Single Family Residential use may include a mix of residential uses as well as limited commercial development to support the daily activities of the development. Additionally, in all Single Family Residential use areas, public and semi-public development such as schools and churches are encouraged as neighborhood focal points. Currently, the property is zoned General Business District (GB), which does not align with the Comprehensive Land Use Plans designation for the property. The proposed zone change to Single-Family Residential District (R-2) is directly in line with the goals and objectives of the Comprehensive Land Use Plan. 
  • Impact of Infrastructure: The proposed rezone would have a minimal impact on the existing infrastructure. If the zone change were to be approved, during the platting / development process the property will need to comply with all subdivision regulations in relation to water and sewer.
  • 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 single family homes to the north and predominately undeveloped land. The Comprehensive Land Use Plan designates the property as Single-Family Residential. The proposed zone change is compatible with existing and potential land uses.
FISCAL IMPACT
None
RECOMMENDATION
The property is compatible with adjacent land uses as well as the Comprehensive Land Use. If the zone change gets approved, the approximately 31 acres will be developed into single-family homes with an R-2 zoning district designation for a proposed traditional neighborhood design that may include a mix of residential uses such areas of public and semi-public uses.

The Planning and Zoning Commission held a public hearing on October 12, 2022, and offered a recommendation of approval with a 6-0 vote.  Staff supports the Commissions recommendation and recommends approval of the proposed rezoning from General Business District (GB) to Single-Family Residential District (R-2). 
Attachments
Ordinance No. 22-S-42
Exhibit A
Aerial Exhibit
Public Hearing Notice Map
Public Hearing Responses
Opposition Exhibit

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