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18.
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| City Council Regular Meeting |
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| BACKGROUND |
The applicant is requesting to rezone approximately 44.3 acres of land from Single-Family Residential District (R-2) to Planned Development District (PDD). The subject property is currently used for agriculture. As per Unified Development Code (UDC) Section 21.5.10, a Planned Development District is intended to promote and encourage innovative development that is sensitive to surrounding land uses and if it necessitates varying from available zoning districts, the proposed development should demonstrate community benefits.
On February 23, 2024, sixty-five (65) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property and the Schertz-Cibolo-Universal City Independent School District. As of March 26, 2024 at 8:00am, two (2) responses in favor, zero (0) responses neutral, and five hundred forty-three (543) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on March 13, 2024. Additionally, two signs were placed on the property.
If a proposed zone change is protested in writing and signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (3/4) of all members of the City Council according to LGC, Local Government Code §211.006(d). At the time of this staff report, the total percentage of the protested parcel acreage is 27.38% therefore, the 3/4 vote has been triggered for the City Council.
The Planning and Zoning Commission held a public hearing on March 6, 2024. Members of the public voiced concerns about increased residential density, traffic, safety, and property values. The Planning and Zoning Commission raised concerns about the existing Kensington Ranch PDD development within the City of Schertz city limits and the APZ II, and will be addressed below. The Planning and Zoning Commission meeting can be viewed on the City's YouTube site. The public's concerns are also outlined in the attached Public Hearing Responses.
Following the Planning and Zoning Commission meeting, the developer made modifications to the proposed Planned Development District. In an effort to address some concerns of the public, the developer is proposing to reduce the density from what was presented to the Planning and Zoning Commission at the March 6, 2024 meeting. At the March 6, 2024 Planning and Zoning Commission meeting, the Cibolo Farms Planned Development District was presented with a maximum density of 11 dwelling units per acre for a maximum allowed total of 486 dwelling units to be built in Area II. The proposed PDD modification will reduce the maximum density to 6.7 dwelling units per acre for a maximum allowed total of 297 units to be built only within Area II. The remainder of the City Council Memorandum will reflect the new changes of the Planned Development District.
The Cibolo Farms PDD is proposing a multifamily residential development. The 44.27 acres, Cibolo Farms PDD, is proposing utilizing the Apartment/ Multifamily Residential District (R-4) as the base zoning district. The PDD will establish two (2) separate "Areas". Area I is the 11.97 acre portion that is within the JBSA Randolph Accident Potential Zone II (APZ II). Area II is the remainder 32.28 acre portion of the subject property and development is limited to this area. The maximum density for the PDD is limited to 6.7 dwelling units per acre, but is restricted to development only within Area II. The purpose and dimensional and design requirements are listed below.
Area I - APZ II Preservation Area (11.97 acres)
The 11.97 acre portion is within the Accident Potential Zone II (APZ II), is within the City of Schertz city limits, and borders the Universal City city limits. The purpose of Area I is to preserve the 11.97 acres as open space with no development allowed, except for development of a road, which may include drainage infrastructure, a gated access point, and utilities.
The 2015 JBSA-Randolph AICUZ study, recommends properties within the APZ II, if developed as single family, be developed at a maximum density of two dwelling units per acre. There are 11.97 acres of the subject property within the APZ II, which would equate to JBSA's recommendation of a maximum of 22 units within the APZ II. The existing Single-Family Residential District (R-2) requires a minimum of 8,400 square feet per lot, which would equate to approximately 57 single-family residential lots in the APZ II, which exceeds JBSA's maximum density recommendation. In an effort to support the JBSA-Randolph Mission, the proposed PDD, stipulates no residential development within the APZ II to prevent encroachment.
The existing Kensington Ranch PDD, within City of Schertz city limits and in the APZ II, also made an evaluation on the proposed density within the APZ II when the Kensington Ranch Planned Development District was being proposed in 2005. The Kensington Ranch PDD stipulates that they used the 2000 AICUZ study and spoke with JBSA on multiple occasions about the total density of 2.67 lots per acre based on the total acreage. JBSA did not have opposition to the Kensington Ranch PDD proposed density within the APZ II at the time of its proposal and development.
Area II- Mixed Residential (32.28 acres)
The 32.28 acre portion is south of the Kensington Ranch subdivision, is approximately 77 feet from the intersection of Savannah Drive and Irish Creek Road, and will allow for the development of multifamily residential. Per the conceptual development plans, which is for informational purposes only, the applicant is considering single-family detached and single-family attached units for rent. However, per the PDD, the property can be developed in a standard suburban style apartment complex with a maximum of 297 dwelling units. For all intents and purposes, Area II development will be classified as a Multifamily use. The maximum density for the PDD is limited to 6.7 dwelling units per acre, but is restricted to development only within Area II. The purpose and dimensional and design requirements are listed below.
| Area II: Dimensional and Development Requirements |
| |
Minimum Lot Size Requirements |
Minimum Setback |
Miscellaneous Lot Requirements |
| PDD Area |
Width Ft. |
Depth Ft. |
Front Ft. |
Side Ft. |
Rear Ft. |
Minimum Parking Space |
Max Height Ft. |
Max Impervious Coverage |
Maximum Density |
Key |
| Area II (32.28 acres) |
100 |
100 |
50 |
50 |
50 |
2 spaces per unit plus additional guest parking provided at a ratio of 5% of required spaces |
35 |
50% |
6.7 du/acre (maximum 297 dwelling units) |
A,B,C,D,E |
| Key: |
| A |
2 spaces per unit plus additional guest parking provided at a ratio of 5% of required spaces, all single family detached, and single family attached units will use the multifamily parking requirements. |
| B |
Site Plan Approval Required |
| C |
Swimming pools count toward the maximum impervious coverage limitations, unless the swimming pool is equipped with a water overflow device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface shall be excluded. |
| D |
No variances permitted to exceed the maximum impervious cover limitations. |
| E |
Refer to Article 14, Section 21.14.3 for additional design requirements. |
In addition to the increased dimensional and development standards and landscaping requirements, the Cibolo Farms PDD also includes additional miscellaneous requirements as per Joint Base San Antonio (JBSA). Due to the subject property being partially in the Accident Potential Zone II (APZ II), JBSA-Randolph must provide an affirmative recommendation to zone changes within the APZ II as per UDC Section 21.5.9. As part of the JBSA-Randolph affirmative recommendation, they provided conditions on their affirmative recommendation which have been incorporated into the PDD Design Standards. The developer must provide documentation and demonstrate their compliance, before building permit applications, that they have followed the lighting, sound, Spectrum dependent systems, FAA review if applicable, and FAA Advisory Circular, AC, No:150/5200-33C. |
| GOAL |
| The proposed zone change is for approximately 44.3 acres of land for a Planned Development District (PDD). Per the letter of intent submitted with the application, the applicant desires to develop the land for multi-family development. |
| 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 |
To the north of the subject property, there are single-family residential dwelling units zoned Planned Development District (PDD). To the east and south of the subject property, the properties are vacant and zoned Single-Family Residential District (R-2). To the west of the subject property, the properties are in Universal City and are single-family residential dwelling units.
When evaluating Planned Development Districts, staff uses criteria listed in UDC Section 21.5.10.F. The criteria are listed below.
1. Whether the proposed PDD implements the policies of the adopted Comprehensive Land Plan, The proposed zone change to Planned Development District (PDD) does implement the policies of the adopted Comprehensive Plan.
The Comprehensive Land Use Plan designates the subject property as Single Family Residential. The Single Family land use designation is intended for a mix of residential with some commercial activities that support the daily activity of development.
The proposed Comprehensive Land Use Plan amendment, not yet adopted, proposes to designate the subject property as Complete Neighborhood. The Complete Neighborhood land use designation is intended for a mixture of housing options with supporting land uses, such as neighborhood commercial.
The requested Planned Development District (PDD) is proposing to preserve approximately 11.72 acres of land and proposes to develop the remaining 32.28 acres at 6.7 dwelling units per acre with a maximum of 297 dwelling units.
Per the application, the PDD would allow for a mix of single-family attached and detached for-rent units within the same development and served by the same amenities. The intent of the PDD is to provide multifamily residential development and does meet the intent of the existing and proposed Comprehensive Land Use Plan designations that allow for a mix of residential with supporting land uses.
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. The PDD proposes screening within the 32.28 acres of Area II which requires an 8-foot masonry wall, 20-foot landscape buffer with 1 shade tree every 30 linear feet, and a 50-foot building setback, along the entire perimeter of the Area II boundaries. Since Area I is within the JBSA Randolph Accident Potential Zone II (APZ II), the PDD requires that the developer demonstrate their compliance with the JBSA additional requirements before building permit applications, as stipulated in the PDD. Additionally, the PDD stipulates that there shall be no development, other than a road, which may include drainage infrastructure, a gated access point and utilities, within Area I as means to preserve the APZ II and support the JBSA Randolph Air Force Base mission.
Per the exhibits submitted in the application, the proposed PDD is proposing two access points. The main development access point is proposed from the intersection of Savannah Drive and Irish Creek Road and would be gated. The secondary access point is proposed from Beringer Way, which is within Universal City, but would be a gated access point for emergency access only.
The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services.
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 Planned Development District (PDD) is appropriate within the immediate area of the land to be reclassified. The City of Schertz practice and previous projects has determined that multifamily is not incompatible adjacent to Single-Family Residential. The proposed Planned Development District is compatible with the existing and proposed Comprehensive Land Use Plan land use designations for the subject property. Additionally, the PDD preserves the Accident Potential Zone II (APZ II), which is crucial to the operations and mission of JBSA Randolph Air Force Base.
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;
The proposed development is located approximately 78-feet south from the intersection of Savannah Drive and Irish Creek Road. Savannah Drive is a Residential Collector with 70-feet of right-of-way.
The closest signalized intersections are to the east at the intersection of Savannah Drive and Schertz Parkway and to the west at the intersection of Savannah Drive and FM 1518. Per an initial Traffic Impact Analysis (TIA) provided by the applicant and reviewed by the City of Schertz Engineering Department, the potential effects of development traffic have been evaluated. The submitted TIA reviewed the effects of the development on the intersections of FM 1518 and Savannah, Irish Creek Road and Savannah, and Schertz Parkway and Savannah.
While the TIA shows there are some detrimental effects, particularly to the Schertz Parkway/ Savannah intersection, these effects can be mitigated. There are mitigation methods to maintain the level of service currently at the Schertz Parkway and Savannah intersection. The developer will be required to construct the mitigation measures as part of the Public Infrastructure Permit that is submitted during the Final Plat process. The other intersections, including the FM 1518 and Savannah intersection, will all function at an acceptable level of service, even with the additional development traffic.
An additional and more detailed analysis will be done of all the intersections affected, with a revised TIA during the platting process. The revised TIA and further analysis will identify the appropriate mitigation measures for all intersections.
A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the potential development and they have not responded.
5. The extent to which the proposed PDD will result in a superior development than could be achieved through conventional zoning;
The proposed Planned Development District (PDD) allows for the preservation of the Accident Potential Zone II (APZ II) for the long-term viability of existing and future military mission which should be a paramount consideration. Area II, is based on the Apartment/ Multifamily District (R-4), but with increased minimum building setbacks, and decreased density. As a result, Area II of the proposed PDD, will calculate its density requirement on the entire 44.3 acres, but limit development to the 32.28 acres within Area II.
If the existing Single-Family Residential District (R-2) remains on the property, then the APZ II can be developed, which could then affect the mission of JBSA Randolph. Additionally, with conventional zoning that is already in place, the City of Schertz cannot enforce additional requirements that JBSA Randolph would desire.
The additional screening, landscaping, minimum building setbacks, reduced density, required compliance with JBSA Randolph development requirements, and restriction of development within the APZ II would not be possible to enforce in the existing Single-Family Residential (R-2) or in conventional Apartment/Multifamily District (R-4).
6. Whether all of the applicant's back taxes 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 the first reading at City Council. The second reading at Council cannot happen until all back taxes are paid in full. At the time of the staff report, the applicant has not paid all back taxes, thus the second reading of Ordinance 24-S-08 is not tentatively scheduled and cannot be scheduled until all back taxes are paid in full.
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.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time no special considerations from the Planning and Zoning Commission or the City Council have been received. |
| RECOMMENDATION |
Due to the proposed Planned Development District's preservation of the APZII, reduced density, and compatibility with the Comprehensive Land Use Plan land use designation, Staff recommends approval of Ordinance 24-S-08.
The Planning and Zoning Commission met on March 6, 2024 and made a recommendation of denial with a 5-1 vote with Commissioner Braud voting nay to the initially proposed Planned Development District with the proposed 11 dwelling units per acre density. |
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