|
Back to Calendar
Return
|
| |
2.
|
| City Council Regular Meeting |
|
|
|
| BACKGROUND |
The applicant is requesting to rezone approximately 3.6 acres of land from Single-Family Residential District (R-1) to Neighborhood Services District (NS). The subject property currently has a vacant residential dwelling unit on the property.
On February 21, 2024, forty-four (44) 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, three (3) responses in favor, one (1) response neutral, and nine (9) 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 the owners of 11.75% of the land within the City within the City have submitted written opposition, this is less than the 20% that would trigger the requirement that 3/4ths of Councilmembers vote to approve this rezoning. As such a simple majority is all that is needed for approval.
The Planning and Zoning Commission held a public hearing on March 6, 2024. The Planning and Zoning Commission meeting can be viewed on the City's YouTube site. |
| GOAL |
| The proposed zone change is for approximately 3.6 acres of land to Neighborhood Services District (NS). Per the letter of intent submitted with the application, the applicant desires to develop the land for a medical building. |
| 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), and to the west are single family residential dwelling units zoned Single-Family Residential District (R-6). Additionally, to the north east of the subject property, the properties are zoned Neighborhood Services District (NS) and consist of Medical Offices. To the south of the subject property, there are single-family dwelling units and medical offices that are all zoned Neighborhood Services District (NS).
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 proposed zone change to Neighborhood Services District (NS) 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 new Comprehensive Land Use Plan, that is not yet adopted, identifies the subject property as Local Corridor. The Local Corridor land use designation is intended for locally oriented commercial and entertainment areas that are of a scale and intensity compatible with the surrounding neighborhood.
The requested Neighborhood Services District (NS), is compatible with the existing and proposed Comprehensive Land Use Plan land use designations as per its statement of purpose and intent from UDC Section 21.5.6. The intention of Neighborhood Services District (NS) is to provide suitable areas of development of certain limited service and retail uses in proximity to residential neighborhoods in order to accommodate the basic everyday retail and service needs of nearby residents.
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. As stated in UDC Section 21.57.6.B. Neighborhood Services District (NS) uses occur most often at the periphery of established neighborhoods at the intersection of collectors and minor arterials, and have generous landscaping and contain non-residential uses, but require appropriate buffering from residential uses. The subject property's access point is on FM 3009, and FM 3009 is classified as a Principal Arterial at 120'-130' of right-of-way.
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;
Yes, the proposed permitted uses in Neighborhood Services District (NS) are meant to be near established neighborhoods and at the intersection of collectors and minor arterials. The subject property is located on FM 3009, which is a principal arterial, and is located on the other side of two established neighborhoods. The proposed development will need to meet UDC Article 9 design requirements, which will require additional screening, buffering, and increased building setback requirements adjacent to residential use and residential zoned properties.
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 on FM 3009. The developer has already communicated with TXDOT and has come to the agreement that the existing signalized T intersection on FM 3009 and Green Valley Road will be modified to a full signalized intersection so that the main access point for the development is at the FM 3009 and Green Valley Road intersection. There is existing water and sewer for the proposed development with water being serviced from the Schertz and SSLGC dual CCN and sewer from the Schertz and CCMA dual CCN.
5. Whether there have been environmental and/or economical changes which warrant the requested change.
FM 3009, also known as Roy Richard, has been developing as a corridor within the City of Schertz that provides local services and local commercial uses for residents. With continuing improvements on FM 3009, and increasing commercial development directly adjacent to FM 3009, the applicant's request for a zone change from Single-Family Residential District (R-1) to Neighborhood Services District (NS) is warranted to expand the existing and continuing medical office development that corresponds with what is existing on FM 3009.
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.
7. Whether all of the applicant's back taxes owed to the City have been paid in full.
This does not impact the first reading of City Council.
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. |
| RECOMMENDATION |
Due to the location of the proposed development on FM 3009, compatibility with the Comprehensive Land Use Plan, and the minimal adverse impact on the surrounding neighborhoods, Staff recommends approval of Ordinance 24-S-11.
The Planning and Zoning Commission met on March 6, 2024 and made a recommendation of approval with a 6-0 vote.
The Schertz City Council met on April 2, 2024 and approved Ordinance 24-S-11 as presented with a 7-0 vote. |
|
|
|