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  5.A.       
Planning & Zoning Commission
Meeting Date: 01/25/2023  
Submitted By: Emily Delgado, Planning Manager

GENERAL INFORMATION:
Owner: YES! Communities 
Applicant: James McGarr, Engineer
APPLICATION SUBMITTAL DATE:
Date Application Type
August 19, 2022 Zone Change Request 
   
PUBLIC NOTICE:
Twenty (20) public hearing notices were mailed to surrounding property owners on February 13, 2023 with a public hearing notice to be published in the "San Antonio Express" prior to the City Council public hearing. Additionally, on February 13, 2023 a Public Hearing notice sign was placed on the property. At the time of this staff report, staff has recevied zero (0) responses to the public hearing notices. 
ITEM SUMMARY:
The applicant is proposing to rezone approximately 12.5 acres of land from Planned Development District (PDD) to Planned Development District (PDD). The subject property is platted as the Windy Meadows Subdivision Unit 4 and has recently gone through the replat process and is awaiting recordation. The property is currently developed with existing manufactured homes. 

The subject property was zoned Planned Development District in April of 2020. The current proposed zoning is to alter the existing PDD Design Standards due to site constraints based on changes in the field. Specifically, the modifications to the Design Standards are in relation to the setback from home to the perimeter property fencing. 
LAND USES AND ZONING:
  Zoning Land Use
Existing Planned Development District (PDD) One-Family Dwellings
Proposed Planned Development District (PDD) One-Family Dwellings


Adjacent Properties: 
  Zoning Land Use
North Right-of-Way Maske Road
South West Dietz Creek (Windy Meadows Subdivision Unit 3) Drainage Channel
East Single-Family Residential (R-2) and Single-Family Residential (R-7) One-Family Dwellings
West West Dietz Creek (Windy Meadows Subdivision Unit 3) Drainage Channel
PROPOSED ZONING:
On April 7, 2020, City Council approved Ordinance 20-S-01, which rezoned the subject property from Manufactured Home Park District (MHP) to Planned Development District (PDD). Since 2020, the subject property has gone through the replat process including installation of public infrastructure, and required screening and landscaping. 

Ordinance 20-S-01 stipulated that a screening fence was to be installed along Maske Road and that homes would be installed a minimum of ten feet (10') from perimeter property fencing. However, during the installation of the screening fence along Maske Road it was determined that if the fence was installed in the location previously determined during the PDD associated with Ord. 20-S-01 that it would create a safety issue for traffic along Maske Road. To try and prevent any traffic or safety concerns the fence was constructed ten feet (10') into the subject property away from Maske Road. 

Due to the fence location being altered, there are site constraints in relation to placement of homes and the minimum setback requirement of ten feet (10') from the fence established with the existing PDD Design Standards. 

The proposed zone change from Planned Development District (PDD) to Planned Development District (PDD) is to propose a modification to the PDD Design Standards to address this issue. The proposed PDD Design Standards state "Each dwelling unit shall have a minimum setback of seven and a half feet (7.5') from perimeter property fencing." The proposed reduction of setback from ten feet (10') to seven and a half feet (7.5') would allow for a full size manufactured home, which is typically seventy-six feet (76'), to be placed along the Maske Road home pads and still meet the designated front setback. 

The current Ordinance 20-S-01 stipulates any significant future changes from the established Dimensional Requirements for the approved PDD will cause the plan to be resubmitted for approval by the Planning & Zoning Commission and the City Council. Due to the proposed request being to modify the setback which falls under the established dimensional requirements, in order to request this PDD Design Standard modification the applicant was required to submit for a zone change application. 

The PDD Design Standards proposes modifications to the following two sections: 
  • Section C of Minimum Site Requirements; which was modified to state "Each dwelling unit shall have a minimum setback of seven and a half feet (7.5') from perimeter property fencing". 
  • Section F (2) Street Screening (Maske Road); which was modified to indicate the screening fence along Mask Road is ten feet (10') offset from the right-of-way. 
There are no proposed changes to the density / number of homes, front or side setbacks, or street buffer along the future Live Oak. 
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
  • Comprehensive Plan Goals and Objectives: The Comprehensive Plan, through the Future Land Use Plan, identifies the subject property as both Manufactured Housing and Single Family Residential. The proposed zone change to Planned Development District (PDD) with a base zoning of Manufactured Home Park (MHP) is compatible with the future land use designation and is therefore in conformance with the goals of the Comprehensive Plan. 
  • Impact of Infrastructure: The proposed zoning request should have minimal impact on existing infrastructure. 
  • Impact of Public Facilities/Services: The proposed zoning request should have a minimal impact on existing public services. 
  • Compatibility with Existing and Potential Adjacent Land Uses: The property is currently surrounded by the West Dietz Creek Drainage Channel, Maske Road Right-of-Way and properties zoned for single family residential. The proposed zone change to modify the setback along the perimeter property fence adjacent to Maske Road should have no adverse impact on the existing and potential adjacent land uses. 
STAFF ANALYSIS AND RECOMMENDATION:
As discussed in the 'Proposed Zoning' section of this staff report, the proposed zone change will allow for a modification to the PDD Design Standards which will allow full size manufactured homes to be placed along Maske Road while still complying with the front and proposed rear setbacks. The change in the location of the screening fence along Maske Road was completed in an effort to decrease safety concerns, which ultimately caused site constraints for the home pads along Maske Road. The proposed PDD Design Standards modification would address those constraints and would allow the installation of manufactured homes as previously approved. 

The proposed PDD Design Standards and associated zone change have been reviewed by the Planning, Engineering, Public Works and Fire Department with no objections. Staff recommends approval of the zone change as submitted. 
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, Section, 21.5.4 D. 
Attachments
Aerial Map
Public Hearing Notice Map
Zoning Exhibit
PDD Design Standards
Letter of Intent From Property Owner

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