The applicant is requesting to rezone approximately 7.7 acres of land to Single-Family Residential District (R-1). The subject property has no assigned zoning district as it has a Development Agreement (Delayed Annexation) (DVL) and is currently undeveloped. The subject property started the annexation process with Resolution 24-R-07, which was accepted by City Council on February 20, 2024.
On February 21, 2024, twenty three (23) public hearing notices were mailed to the surrounding property owners within a 200-foot notification boundary of the subject property and the Schertz-Cibolo-Universal City Independent School District. At the time of the staff report, zero (0) responses in favor, zero (0) responses neutral, and seven (7) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on March 13, 2024. Additionally, one sign was placed on the property. As of noon on Wednesday, March 27, 2024 staff has received written opposition from the owners of 16.42% of the land within the City that is within the 200' notice areas. Since this does not reach the 20% threshold to trigger a 3/4ths majority requirement, only a simple majority of council is needed to approve this zoning request.
The Planning and Zoning Commission held a public hearing on March 6, 2024. Members of the public voiced concerns that the builder sold them their lots at a premium due to the promised greenbelt behind their property. The Planing and Zoning Commission Meeting can be viewed on the City's YouTube Site. The concerns are also outlined in the attached Public Hearing Responses. |
The subject property started the annexation process with Resolution 24-R-07, has no assigned zoning district, but has a Development Agreement (Delayed Annexation) (DVL). To the east, the property is designated Development Agreement (Delayed Annexation) (DVL) and is currently used for agriculture. The properties to the north and south of the subject property are zoned Planned Development District (PDD) and are currently undeveloped, but are designated for parks/open space. To the west of the subject property, the properties are zoned Planned Development District (PDD), are part of the Hallies Cove Subdivision, and are single family residential homes.
When evaluating the zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below.
1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map.
The Comprehensive Land Use Plan designates the subject property as Estate Neighborhood. The intent of Estate Neighborhood is to address residential development patterns within Southern Schertz with large lots and incentivizing quality open space and neighborhood design.
The new Comprehensive Land Use Plan, that is yet to be adopted, proposes to designate this area as Complete Neighborhood. The intent of Complete Neighborhood is to provide a mixture of housing options with supporting land uses.
The proposed Single-Family Residential District (R-1) is defined as single-family detached residential dwellings with a minimum lot size of 9,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. The zone change to Single-Family Residential District (R-1) would meet the intent of the land use designations in the Comprehensive Plan by providing more residential dwellings of a similar density to the Hallies Cove Subdivision development and the adjacent agricultural land.
2. Whether the proposed zoning change or zoning map amendments 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 chosen Single-Family Residential District (R-1) dimensional and development standards as stated in Section 21.5.7 of the Unified Development Code, are compatible with the existing Hallies Cove Subdivision.
Table 21.5.7.A Dimensional Requirements
Residential Zoning Districs |
| |
Minimum Lot Size Dimensions |
Minimum Yard Setback (Ft) |
Miscellaneous Lot Requirements |
| Code |
Zoning District |
Area Sq.Ft. |
Width Ft. |
Depth Ft. |
Front Ft. |
Side Ft. |
Rear Ft. |
Minimum Off-Street Parking Requirements |
Max Height Ft. |
Max Impervious Coverage |
| R-1 |
Single-Family Residential District-1 |
9,600 |
80 |
120 |
25 |
10 |
20 |
2 |
35 |
50% |
3. Whether the uses permitted by the proposed zone change in the zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;
The proposed Single Family Residential District (R-1) is appropriate in the immediate area of the land to be reclassified because to the west of the subject property, the Hallie's Cove Planned Development District (PDD) is built on the Single Family Residential District (R-1) zoning district.
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 approximately 117 feet from the intersection of Hallies Path and Hallies Fox and will construct a public road to serve their development. Additionally, the Texas Department of Transportation and the City of Schertz have worked together to provide funding for the reconstruction of FM 1518, which the development will have access to from the existing Hallies Cove Subdivision. After construction, FM 1518 will have two lanes in each direction plus a center median. Additionally, there will be a median opening lined up with the Hallies Cove Subdivision entrance at Hallie Brook.
A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the potential addition of 19 residential homes. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation.
The proposed development has available water and sewer, but the developer will need to reconcile the water service areas during platting so that either the City of Schertz and SSLGC dual service area service the property or Green Valley Special Utility District.
At the December 5, 2023 City Council Meeting, Resolution 23-R-128 was approved. The approved resolution authorized an agreement to dedicate right-of-way in existing parkland for secondary access, in exchange for public park improvements. A 55-foot greenbelt will be given to the City of Schertz during the platting process to the east of the subject property where the City of Schertz is proposing a trail expansion, and the developer agreed to give the City of Schertz $30,000 that will be used for a small playscape, to be installed by the City of Schertz, on the northern parkland property.
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.
5. Whether there have been environmental and/or economical changes which warrant the requested change.
No, there have been no environmental or economical changes that warrant the requested zone change.
6. Whether there is an error in the original zoning of the property for which a change is requested.
There was no error in the original zoning of the property for which the change is requested. Additionally, the property has no existing zoning as the property is in the Extra-Territorial Jurisdiction (ETJ) and under a delayed annexation agreement.
7. Whether all of the applicant's back taxes owed to the City have been paid in full.
This does not impact City Council's first reading.
8. 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 have not received any special considerations from the Planning and Zoning Commission or the City Council.
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