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  4.       
City Council Regular Meeting
Meeting Date: 01/16/2024  

BACKGROUND
The applicant is requesting to rezone approximately 65 acres of land from General Business District (GB) to Planned Development District (PDD), to be known as the Schertz Gateway Planned Development District. 

On November 3rd, 2023 twenty-seven (27) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, two (2) response in favor, zero (0) neutral, and fifty-eight (58) opposed have been received. A public hearing notice was published in the San Antonio Express on December 20, 2023. As of noon on Friday, December 29, 2023,written opposition by the owners of well over 20% of the property in the 200' notice area was received. Thus, a 3/4 vote of the Council is required to approve this rezoning request. 

The Planning and Zoning Commission held a public hearing on November 15, 2023. Members of the public voiced concerns about increased residential density, infrastructure, and traffic. The Planning and Zoning Commission meeting can be viewed on the City's YouTube site. There was also expressed the desire to keep the property zoned General Business District (GB).The concerns are also outlined in the attached Public Hearing Responses and Additional Public Input.  

After the Planning and Zoning Commission meeting, and based on consideration of the comments provided in writing and during the public hearing, staff is proposing some changes to the PDD. First, that GB-2 uses not be allowed in Area I but that a Convenience Store w/Gas Pumps be allowed by right. Additionally, the parking for the multi-family in Area II be required per the standards in the UDC. The changes recommended by the Planning and Zoning Commission have also been incorporated in the attached PDD.  
GOAL
The Schertz Gateway PDD will be a mixture of commercial and residential uses. The development will be divided into three (3) separate "Areas". The uses and dimensional and design requirements are listed below.

Area I - Commercial/Retail
Area I will be abutting the IH 35 access road as well as Schwab Road. Area I will have enhanced landscaping requirements. Trees will be planted at a larger caliper, from 2" DBH (Diameter at Breast Height) as required in the UDC to 3" DBH. Also, a 15-foot landscape buffer shall be provided adjacent to any public right of way. No masonry wall or fencing material shall be required adjacent to right of way in Area I
  • Acres: 19.61 
  • Uses: General Business District (GB) as well as Convenience Stores with gas pumps.
  • Dimensional and Design Requirements: General Business District (GB).
Schertz Gateway Area I Dimensional Requirements 
  Min. Lot Size Setback* Misc.
Code Classification Area sf. Width sf. Depth sf. Front ft. Side ft. Rear ft. Max Ht. Max Cover
GB General Business 10,000 100 100 25 25, 0** 25, 0** 120 80%
*50 foot setback adjacent to IH 35 & 25 foot setback for other public right of way
**Non-residential adjacent

Area II - Multi-Family Residential 
Area II will be located on the eastern portion of the property between Area I to the north and Area III to the south. Area II will have enhanced landscaping requirements. Trees will be provided at 11 trees per acres as opposed to the UDC requirement of 9 trees per acre, also these trees will be planted at a larger caliper, from 2" DBH (Diameter at Breast Height) as required in the UDC to 3" DBH. Also, a 15-foot landscape buffer shall be provided adjacent to any public right of way. Area II is proposed ot be a denser style of mulit-family development as it is closer to the retail of Area I adn IH 35. As such, the proposed density being requested is up to 35 units per acre (vs 24) and the maximum height is 45' (vs 35').
  • Acres: 14.8 
  • Uses: Multi-Family Residential District (R-4)
  • Dimensional and Design Requirements: Multi-Family Residential District (R-4).
Schertz Gateway Area II Dimensional Requirements 
  Min. Lot Size Setback Misc.
Code Classification Area sf. Width sf. Depth sf. Front ft. Side ft. Rear ft. Max Ht. Max Cover
R-4 Multi-Family  10,000 100 100 25 10 20 45 75%
a. Maximum density shall not exceed 35 units per acre, maximum unit count of 518 units. 
b. Off-street parking requirements shall be one and a half (1.5) per bedroom, plus an additional 5% or two (2)spaces per unit, plus an additional 5%.
 

Area III - Residential/Low-Density Multi-Family 
Area III will be on the southern end of the property abutting the Cypress Point Subdivision. Area III will have enhanced landscaping requirements, including a 40-foot landscape buffer adjacent to the Cypress Point Subdivision. This will provide greater separation from the established single-family subdivision from the proposed development. Trees will be provided at 11 trees per acre as opposed to the UDC requirement of 9 trees per acre. Also, these trees will be planted at a larger caliper, from 2" DBH (Diameter at Breast Height) as required in the UDC to 3" DBH. Moreover, a 15-foot landscape buffer shall be provided adjacent to any public right of way. A six foot semi-open decorative fence may be provided adjacent to public right of way. The maximum density is limited to no more than 11 units per acre (vs 24). 
  • Acres: 29.92 
  • Uses: Multi-Family Residential District (R-4)
  • Dimensional and Design Requirements: Multi-Family Residential District (R-4).
Schertz Gateway Area III Dimensional Requirements 
  Min. Lot Size Setback Misc.
Code Classification Area sf. Width sf. Depth sf. Front ft. Side ft. Rear ft. Max Ht. Max Cover
R-4 Multi-Family  10,000 100 100 25 10 20 35 75%
a. Maximum density shall not exceed 10 units per acre, maximum unit count of 299 units. 
b. Off-street parking requirements shall conform to city's Multi-Family Residential (R-4) requirements; 2 per unit plus additional 5%.
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 analyzing Planned Development District applications, staff uses the criteria laid out in our Unified Development Code Section 21.5.10.F:

1. Whether the proposed PDD implements the policies of the adopted Comprehensive Land Plan. 
Area I of the proposed PDD is proposed for commercial use, adjacent to IH 35, and does conform with the stated Highway Commercial and Commercial Campus classifications on the Future Land Use Map. Area II and Area III are located in areas listed as Single Family Residential. The description of Single Family Residential in the Comprehensive Plan indicates that "the Single Family Residential use may include a mix of residential uses" not a mix of single family residential uses. As such some multi-family is consistent with this language. Further the Comprehensive Plan has a goal to "Achieve an efficient, diverse and balanced pattern of land uses within the City and the ETJ." and objective of providing "an appropriate mix of different land use types in suitable locations, densities and patterns consistent with the goals and objectives established in the Plan" which this would do in both Area II and Area III. Finally, the plan states that "Housing should be developed to meet all needs of the community in terms of affordability, availability, adequacy and accessibility. Commercial Retail and Office" Multifamily housing helps to meet this need, especially in light of the rapidly increased cost of housing that has been discussed over the past few years. For these reasons both areas conform with the land use classification of Single Family Residential.

2. Whether the proposed PDD promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City.
As part of promoting health, safety and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. Given the IH 35 corridor adjacent to the subject property, the proposed commercial in Area I is more appropriate adjacent to the right of way; also multi-family provides a better transition from the right of way and commercial than single family detached lots.

3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified.
The site development standards in the UDC for commercial and multi-family development and the use of commercial and multifamily are appropriate and in fact seem to be the best in light of the significant variation in terms of zoning and land uses - single family residential, commercial and industrial.

4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area.
As the Comprehensive Plan notes, as development matures in undeveloped areas, higher densities should be considered. Given the location of the subject property along the IH 35 right of way and the proximity of development, the city's various plans and infrastructure projects assume higher intensity development in this area, this includes a planned East-West Connector and improvements to Schwab Road in the Master Thoroughfare Plan. To the best of staff's knowledge, this change does not conflict with the SCUCISD or Comal ISD school district's plans, including the 10-year campus forecasting. However, a public hearing notice was mailed to each school district along with surrounding property owners.

5. The extent to which the proposed PDD will result in a superior development than could be achieved through conventional zoning.
The proposed PDD will have enhanced landscaping and tree planting requirements. Additionally, the scope and scale of the proposed development will see improvements to Schwab Road and Froboese Lane. The proposed development will also provide an opportunity for a mixture of uses within the same district, along with multifamily flexibility that differs from the base zoning district. 

6. Whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full).
This does not impact consideration by City Council.

7. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.
The upcoming public hearing will provide a format in which City Council may hear other potential issues and public opinion. The council may deem relevant and important considerations to inform their decision. 
RECOMMENDATION
The Engineering, Fire, Public Works, Parks, and Planning Departments have reviewed the proposed PDD standards and requirements with no objection.
Therefore, Staff is recommending approval of the proposed zone change to Planned Development District as discussed.

The Planning and Zoning Commission met on November 15, 2023, and made a recommendation of approval with a 5-1 vote with Chairman Outlaw voting nay. The approval had conditions that the base Multi-family Residential District (R-4) setbacks were to be used in Area III, along with a greater side building setback abutting the Cypress Point Subdivision.   

The Schertz City Council met on January 9, 2024 and approved Ordinance 23-S-35 as presented with a 7-0 vote.
Attachments
Ordinance 23-S-35 w attachments
Aerial Exhibit
Public Hearing Notice Map
Public Hearing Responses
Additional Public Input
City Council Presentation Slides

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