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5.B.
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| Planning & Zoning Commission |
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| GENERAL INFORMATION: |
Owner / Applicant: HABI Land, LLC / Eugenio Murillo
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| APPLICATION SUBMITTAL DATE: |
| Date |
Application Type |
| October 25, 2022 |
Zone Change Application |
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| PUBLIC NOTICE: |
| One hundred seventeen (117) public hearing notices were mailed to the surrounding property owners on January 13, 2023, with a public hearing notice to be published in the "San Antonio Express" prior to the City Council public hearing. At the time of this report staff has received two responses opposed, zero in favor, and zero neutral to the proposed rezoning request. In addition to the mailed notice, Public Hearing Notice signs were placed on the property on January 13, 2023. |
| ITEM SUMMARY: |
The applicant is proposing to rezone approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD) with a base zoning of Townhome District (TH).
The proposed development will be a gated community with no more than 198 units. These units will be spread across fifty-one (51) buildings. Six (6) of the proposed buildings would have three (3) units and the remaining forty-five (45) buildings will have four (4) units. Each unit is proposed to be its own townhome and could be sold separately. Each unit will be between 1,300 square feet and 1,400 square feet. The proposed development would be maintained by the HOA and is proposed to have 7.52 acres of green space and amenities. |
| LAND USES AND ZONING: |
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Zoning |
Land Use |
| Existing |
Pre-Development District (PRE) |
Undeveloped / Previous Golf Course |
| Proposed |
Planned Development District (PDD) |
Townhome Residential |
Adjacent Properties:
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Zoning |
Land Use |
| North |
Single-Family Residential (R-6) |
Single Family Residential / The Fairways at Scenic Hills Unit 2 |
| South |
Single-Family Residential (R-6) |
Single Family Residential / Scenic Hills Community Phase I |
| East |
Right-of-Way |
Columbia Drive |
| West |
Right-of-Way |
County Club Blvd |
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| PROPOSED ZONING: |
The applicant is proposing to rezone approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD) with a base zoning of Townhome District (TH).
Proposed Concept:
The proposed development would consist of a gated community with no more than 198 units spread across fifty-one (51) buildings. Per the PDD design standards there would be six (6) buildings that would contain three units in each. The remaining forty-five (45) buildings would contain four units in each. Each unit will be a townhome that can be sold separately. Each until will be between 1,300 square feet and 1,400 square feet. Every unit will feature 3 bedrooms, 2.5 baths, an eat in kitchen, two living rooms, a laundry room, an office/flex room, and a covered patio. Additionally, each unit will have its own garage, covered back patio, and a private yard.
The PDD Design Standards propose to conform with the Townhome District zoning with modifications to the lot width and depth as shown in the table below.
| Classification |
Minimum Lot Size |
Minimum Yard Setback |
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Area Square Footage |
Width Ft. |
Depth Ft. |
Front Ft. |
Side Ft. |
Rear Ft. |
Townhome District
Per the Unified Development Code |
2,500 |
25 |
100 |
25 |
10 |
20 |
| Townhome (Type A) |
3,045 |
35 |
87 |
25 |
10, 0 |
20 |
| Townhome (Type B) |
2,175 |
25 |
87 |
25 |
0, 0 |
20 |
*Each lot will have a 10-fot side setback if on the end or a zero setback if in the interior, a 25- foot front setback, and a 20-foot rear setback.
Parks and Amenities:
The proposed PDD plans to incorporate 7.52 acres of green space and amenities. This would include a pavilion, playground for the community, a concrete walking path. Additionally, a mail center is proposed with a covered pavilion, and additional parking access. There is also a proposed 0.45 acre fenced-in private dog park, a 1.85 acre private picnic / trail / community garden area, 0.30 acre of miscellaneous green spaces and a 4.01 acre open space / easement.
Fire Suppression and Fire Walls:
Per the proposed PDD Design Standards due to the proposed reduced side yard setbacks, each townhome is proposed to have fire sprinklers, will require all A/C condensers to be in the rear yard, and exterior walls would be at least a minimum of a 1-hour fire rated.
Parking:
Per the proposed PDD Design Standards there are a proposed 654 parking space across the development.
Additional Design Standards Proposed:
Per the proposed PDD Design Standards the developer has proposed to create a twenty foot (20') buffer in the rear of the yards associated with the development that are adjacent to the Fairways at Scenic Hills neighborhood. Additionally, the developer will prohibit the placement of any structures, including but not limited to sheds, in the buffer area. In this proposed twenty-foot (20') buffer, the developer will plant one tree in the middle of said buffer. |
| CONFORMANCE WITH THE COMPREHENSIVE PLAN: |
The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan and the Northern Schertz Sector Plan, designates this subject property as Single-Family Residential.
- Comprehensive Plan Goals and Objectives: The land use designation of Single-Family Residential is intended to utilize a traditional neighborhood design that includes a mixture of residential uses, as well as limited commercial development to support the daily activities of the development.
- Impact of Infrastructure: The property will be serviced by the City of Schertz for water and sewer through 8-inch lines. If the zone change is approved, during the following development process the public infrastructure and improvements will be reviewed.
- 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 surrounded by single family residential neighborhoods and right of way. The Comprehensive Land Use Plan designation of Single-Family Residential is designed to provide a mixture of housing options. The proposed rezoning to Planned Development District (PDD) with a base zoning of Townhome District (TH) is compatible with the existing and potential adjacent land uses due to the proposal differing residential type.
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| STAFF ANALYSIS AND RECOMMENDATION: |
In 2022 the applicant submitted a zone change request to a Planned Development District (PDD) with a base zoning of Apartment/ Multi-Family Residential (R4). That proposal included approximately 220 units to be developed as fourplexes. On September 27, 2022 the City Council was unable to obtain the super majority needed for the approval of that zone change application, which ultimately lead to the application being denied. During the discussion at the September 27, 2022 City Council meeting there were concerns with the proposed density.
Based on the previous City Council feedback the developer has made changes to the proposed PDD to address the concerns presented at the September 27th meeting. Rather than the previously proposed PDD with a base zoning of Apartment/ Multi-Family, the current proposal is for a PDD with a base zoning of Townhome District, which was directly discussed at the City Council meeting. This ultimately reduced the overall density proposed within the development.
The Schertz Sector Plan for Northern Schertz designates the subject property as Single-Family Residential. The Single-Family Residential land use designation encourages the mixture of various residential type development as well as maintaining a walkable neighborhood feel. The proposed rezoning to Planned Development District (PDD), with a base zoning of Townhome District (TH) does conform to the Comprehensive Land Use Plan designation as it would provide a needed mixture of housing type to Schertz. The proposed development would have a maximum of fifty-one (51) buildings consisting of no more than 198 units.
As previously stated, the applicant in September of 2022 proposed to rezone the property to Planned Development District, although that application was ultimately denied as part of that application the applicant was working with the Parks Department in relation to a trail that is shown on the 2017 Schertz Transportation Plan-Trails Network. The previous proposal was to dedicate land within the overhead utility easement to be utilized for a trail that would ultimately be part of the "Great Northern Trail". This proposed trail was shown on the previous concept plan and identified the public walking trail along with private exercise equipment and benches.
The current proposed development no longer accounts for, or proposes the dedication or construction of the walking trail within the overhead electrical easement. Based on the Trails Presentation at the January 10, 2023 City Council meeting, the City Council expressed their desire for trails within the City of Schertz and the importance of requiring trails to be constructed with developments. Based on City Council's desire to have trails and the subject property having an identified trail per the Schertz Transportation Plan-Trails Network, staff feels that the development should be required to dedicate and construct the trail per the plan.
Staff recommends approval of the proposed zone change to Planned Development District (PDD) with a condition that per the 2017 Schertz Transportation Plan-Trails Network the proposed project would include the trail on all future exhibits and plans and construct the identified trail on the subject tract.
| Planning Department Recommendation |
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Approve as submitted |
| X |
Approve with conditions* |
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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. |
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