Public Notice
Sixty (60) public hearing notices were mailed to surrounding property owners on April 2, 2021, prior to the Planning and Zoning Commission public hearing, and a public hearing notice was published in the “San Antonio Express” on April 14, 2021, prior to the City Council public hearing. At the time of this report Staff have received 2 responses in favor of the proposed zone change that represent 198 properties inside the 200' notification buffer, and 34 responses opposed to the proposed zone change that represent 34 different properties inside the 200' notification buffer. The 34 properties opposed to the proposed zone change represent approximately 18.6% (8.85 acres) of the total area within 200 feet of the boundary of the proposed zone change (46.99 acres). We also received 5 responses opposed to the proposed zone change from property owners outside the 200' notification buffer.
If a proposed zoning 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 (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d).
Proposed Zoning
The applicant is proposing to rezone approximately 66 acres of land from Single-Family Residential District (R-2) and Neighborhood Services District (NS) to Planned Development District (PDD), generally located southwest of the intersection between Schertz Parkway and Wiederstein Road. The Heritage Oaks Planned Development District will consist of single-family residential houses and public trails. Subsequent to the Planning and Zoning Commission, the ownership of one of the lots of Live Oaks Hlls came into question. The applicant has removed that lot from the rezoning request. This removal will require some slight modifications to the layout in one area as a result.
Coving Plan
This application is proposing to zone change approximately 66 acres of land from Single-Family Residential District (R-2) and Neighborhood Services District (NS) to Planned Development District (PDD) in order to develop a detached, single-family residential neighborhood. As shown on the Conceptual Land Plan (Exhibit 2 within the attached PDD document), The Heritage Oaks Subdivision is designed through a coving plan. Contrary to traditional urban grid patterns, the coving plan is characterized by winding roads and meandering setbacks that result in less impervious coverage, as well as increased open space and potential tree preservation.
Revised Lot Standards
According to the proposed Heritage Oaks PDD Development Standards, the base zoning for the subject property will be Single-Family Residential District (R-1); the development of any residential lots will follow the R-1 zoning district unless otherwise stated in the PDD. The Heritage Oaks PDD proposes revised dimensional requirements, which outline a minimum lot size of 6,000 square feet, with a minimum width of 50 feet and a minimum depth of 120 feet. While the minimum rear yard setback will remain the same as the R-1 base zoning district, the minimum front yard setback will be reduced from 25 feet to 20 feet and the minimum side yard setback will be reduced from 10 feet to 5 feet. The minimum side yard setback for rectangular shaped lots within the PDD will be set at 7.5 feet instead of 5 feet. Please see Table 3 on page 6 of the attached PDD document for full details on the proposed lot dimension standards. While these are the absolute minimum lot dimensions for the buildable, single-family residential lots in the Heritage Oaks PDD, they were put into place for a few lots within the Heritage Oaks Subdivision according the Coving Plan the mean lot size for the development is 9,020 square feet and the median lot size for the development is 8,432 square feet.
The dimensional requirements were modified following the Planning and Zoning Commission meeting in order to provide a little flexibility for the full civil engineering design work that will be done with the future Master Development Plan. The applicant has also added a requirement within the PDD lot standards, which states, “no permanent structures or heating, ventilation, and air conditioning equipment will be allowed in side yards less than 10 feet.” This additional requirement, as well as the newly increased side yard setbacks from 5 feet to 7.5 feet for rectangular shaped lots, was established in response to the Planning and Zoning Commission's concerns regarding the potential impact of the side yard setbacks on our emergency services. The Conceptual Coving Plan will be revised in between City Council's first and second reading of Ordinance 21-S-15 in order to more accurately reflect the new dimensional changes.
The maximum number of lots allowed within the subdivision is 215, resulting in a maximum density of 3.25 dwelling units per acre. In addition to the dimensional and density requirements the Heritage Oaks PDD outlines other regulations for the single-family residential lot, including reduced lot width for lots located on a cul-de-sac, knuckle-sac, or curve (30 feet instead of 55 feet), and a mandatory "T" turnaround driveway for all lots that front Wiederstein Road. The mandatory pavement section for the "T" turnaround driveways can be seen within Exhibit 3 of the PDD document.
The maximum number of lots allowed within the subdivision was modified from 208 lots to 215 lots following the Planning and Zoning Commission meeting in order to provide a little flexibility for the full civil engineering design work that will be done with the future Master Development Plan.
Revised Street Standards
Given Wiederstein Road's status as a Residential Collector on our Master Thoroughfare Plan (MTP), individual residential lots would typically not be allowed to access the roadway and would instead have frontage on a local street. However, in this case, lots being allowed to front on Wiederstein Road is an integral part of the coving plan design of the neighborhood. The developer has planned alleys along the southern side of Wiederstein Road (eastbound traffic) in an effort to reduce the total amount of driveways accessing the roadway and to mitigate potential traffic concerns. The required "T" turnaround driveways along the lots that front Wiederstein Road also aim to ease the transition of automobiles from private driveways to the Residential Collector by allowing residents to avoid reversing into the road. While the overall width of the roadway is planned to remain as the MTP Residential Collector standard of a 70' ROW section with 38' of pavement, the cross-section for Wiederstein Road will be slightly modified to widen the bike lane on one side of the road. The intended effect of this modification is to create a 12' bike lane/parallel parking section that will provide parking options on Wiederstein Road for lots that take their access from the alleys. The trade-off of this regulation is that without widening the overall roadway section, the bike lane on the other side of the roadway will be reduced to 4'. Please see the proposed roadway section for Wiederstein Road within Figure 5 of the attached PDD document (page 11).
The developer is also proposing to revise the alignment of Wiederstein Road; instead of equally bisecting the Live Oak Hills subdivision as the road does in Selma, Wiederstein Road will swing to the south and curve back up to realign with the existing road as it crosses West Dietz Creek. While the local streets within the Heritage Oaks Subdivision will adhere to the minimum curvature allowed by the city, the Residential Collector will provide a minimum radius of 300’. The street section will utilize reverse curves instead of the required tangent length of 150' for this roadway classification. The City of Schertz Engineering Department does have concerns about the roadway not having a tangent section between the curves, because this generally requires drivers to work harder to be more attentive and monitor speeds more closely. It would be more beneficial to have larger radii on the roadway curvatures; however, Staff understands the specific Wiederstein Road ROW section is necessary for the implementation of the overall coving plan.
Under the revised street requirements highlighted on Page 10 of the PDD document, all cul-de-sacs will have a maximum length of 500 feet and shall have a minimum turnaround radius of 100 feet in diameter, as opposed to the currently required minimum cul-de-sac radius of 150 feet in diameter. The cul-de-sac extending to the south of Wiederstein Road that wraps around the GVEC electric substation towards the remainder of the subject property will be allowed to extend 2,225 feet given the physical barrier of the surrounding properties. A variable width emergency access driveway extending from Wiederstein Road right next to Dietz Creek will provide the second point of access to this part of the subdivision, as shown on the Conceptual Land Plan (Exhibit 2 within the attached PDD document).
The PDD also proposed a revised maximum block length of 1,733', as opposed to the currently required maximum block length of 1,400' for minor and secondary streets. This regulation specifically pertains to the local roadway proposed to the north of Wiederstein Road, as shown within Figure 3 of the attached PDD document (page 17). Typically, according to UDC Sec. 21.9.2, a waiver to the required block length may be allowed in cases where physical barriers, property ownership, or adjacent existing subdivisions create conditions where it is appropriate; in this case, the developer is requesting to write in an extended maximum block regulation into the PDD document rather than request a waiver.
Even though the Planning and Zoning Commission cited the reduced alley sections as a reason for recommending denial of the proposed zoning application, the alley sections proposed in the Heritage Oaks PDD are not actually substandard in comparison to the current UDC standards. The alleys proposed in the coving plan are 24' of ROW with 20' of pavement, and the minimum paved alley section required in UDC Sec. 21.14.1.P.1 is 20' of ROW with 20' of pavement. Also, the alleys proposed in the Heritage Oaks PDD only have single-family residential homes fronting one side of the alley instead of both sides. All of this should mitigate the Commissioners' concerns on alley width.
Revised Parkland and Trail Requirements
Under the proposed Heritage Oaks PDD Development Standards, the park and open space dedication requirements will not apply to development within the subdivision. The intent of UDC Sec. 21.9.10 is to only apply parkland dedication/fee-in-lieu requirements towards the creation of any new dwelling units, and this has influenced past cases in which a plat was filed to further subdivide residential land where we have only applied parkland dedication/fee-in-lieu requirements to any additional lots. Given that approximately 45 acres out of the 66-acre subject property was already platted as part of the Live Oak Hills Subdivision, the developer could potentially construct homes on the 180 platted lots without dedicating any parkland or paying fees-in-lieu of dedicating land. The parkland dedication/fee-in-lieu requirements for Heritage Oaks would only apply to any dwelling units constructed in excess of 180. Since there is a maximum density requirement of 215 lots throughout the entire subdivision, the parkland dedication/fee-in-lieu requirements would only apply to a maximum of 35 lots within the Heritage Oaks Subdivision; however, the developer is proposing to remove the requirements for the neighborhood through the PDD.
The developer will be constructing 10' concrete trails generally in accordance with the Trails Master Plan within the Schertz MTP: one will be located along the drainage/open space corridor along Wiederstein Road, stretching from Schertz Parkway to West Dietz Creek, and the other will be located along West Dietz Creek, stretching from Wiederstein Road to the southern edge of the subject property. In order to Dietz Creek, stretching from Wiederstein Road to the southern edge of the subject property. In order to help continue the trail that extends under the high-line electric easement to the northeast, the developer will be required to dedicate 30' for a trail where the high-line easement overlaps with his property. For reference, please see the Wiederstein and West Dietz Creek Trail Plan, included as Exhibit 4 in the PDD document.
Revised Landscaping and Tree Preservation/Mitigation Requirements
The developer is revising the landscaping requirements for detached single-family residential lots; according to UDC Sec. 21.9.7.E.3.a, the current requirement for each single-family residential lot is to provide a minimum of three (3) shade trees which shall include a minimum of one (1) tree in the front yard and one (1) tree in the rear yard. The Heritage Oaks PDD will keep this requirement, but will also add the requirement that each single-family lot shall have a minimum of 15 caliper inches. Our current minimum planting size is 2.5 caliper inches, so the 3 tree current minimum equates to 7.5 caliper inches per lot. This new requirement would double the required inches on a single-family residential lot. The additional requirement is written in terms of increased inches instead of increased trees in order to promote the preservation of existing Protected and Heritage Class trees.
The Heritage Oaks PDD also revises the tree preservation and mitigation requirements outlined in UDC Sec. 21.9.9. Under the current protection standards, 25% of all Protected Class (8-24 caliper inches) and Heritage Class (24+ caliper inches) trees must be preserved. Under the current mitigation standards, the tree mitigation fee is set at $100/inch. Any removed Protected Class trees shall be mitigated at a 1:1 caliper inch ratio, and any removed Heritage Class trees shall be mitigated at a 3:1 caliper inch ratio. In practice, this equates to $100/inch for Protected Class trees and $300/inch for Heritage Class trees. There are specific tree species that are exempt from preservation/mitigation requirements, as well as trees located within ROW shown on the Master Thoroughfare Plan, trees located within utility easements, and trees that are damaged or dying. The Heritage Oaks PDD proposes the preservation of at least 50% of all Heritage trees, with all trees located within proposed ROW, utility easements, and drainage easements being exempt from this requirement. The Heritage Oaks PDD also proposes no tree preservation or mitigation requirements for Protected Class trees, and proposed no tree mitigation requirements for Heritage Class trees. Please see the below table detailing the differences between the current and proposed landscaping and tree preservation/mitigation regulations.
Current vs. Proposed Landscaping and Tree Preservation/Mitigation Regulations
| UDC Section |
Current UDC Regulations |
Proposed Regulation |
| UDC Sec. 21.9.7.E.3.a |
3 trees minimum per lot, with at least 1 tree in the front yard and 1 tree in the backyard (effectively 7.5" minimum per lot) |
3 trees minimum per lot, with at least 1 tree in the front yard and 1 tree in the backyard; 15" total minimum per lot |
| UDC Sec. 21.9.9.C |
25% of all Protected and Heritage trees preserved (with species exemptions, MTP roadway exemption, utility easement exemption, and damaged/dying tree exemption) |
No Protected tree preservation requirements and 50% Heritage trees preserved (with species exemptions, all ROW exemption, utility easement exemption, drainage easement exemption, and damaged/dying tree exemption) |
| UDC Sec. 21.9.9.D |
$100/inch Protected tree mitigation fees; $300/inch Heritage tree mitigation fees |
No tree mitigation fees |
A preliminary tree preservation study was performed only for the Heritage Class trees on the subject property with the following results: 127 total Heritage Class trees totaling 3,778 caliper inches. Staff believes it is important to put the above requirements into context given the heavily-wooded nature of the subject property; without taking into consideration the proposed exemptions for Heritage Class tree preservation in the Heritage Oaks PDD, the preservation of 50% of the Heritage Class trees instead of the currently required 25% would result in an approximate 945 extra caliper inches, or roughly 32 extra trees sized at 30 caliper inches. In the same vein, under the current mitigation requirements the fees for 50% of the Heritage Class trees would total approximately $566,700. The proposed tree preservation and mitigation regulations for the Heritage Oaks PDD would offer both a significant upgrade in Heritage Class tree preservation, but also a significant reduction in Heritage Class tree mitigation, Protected Class tree preservation, and Protected Class tree mitigation.
Comprehensive Plan Conformance
The Comprehensive Plan identifies the subject properties under the Single-Family Residential land use designation. Areas classified under the Single-Family Residential land use designation are intended to utilize a traditional neighborhood design that includes a mix of residential uses, as well as limited commercial development to support the daily activities of the development. The proposed zone change meets the goals and objectives of the Single-Family Residential future land use designation, and is therefore in conformance with the Comprehensive Land Use Plan.
Impact to Public Facilities/Services
In order to service the subject property the developer will be obligated to design water and sanitary services throughout the subdivision during the Master Development Process in order to connect to public utility systems. The proposed zone change should have a negligible effect on the existing planned public water and wastewater system since the base zoning district of the proposed PDD is Single-Family Residential (R-1). The developer will be responsible for improving Wiederstein Road to its ultimate section, per the proposed cross-section illustrated in the attached PDD document. The proposed rezoning request should also have a minimal impact on public services, such as schools, fire, police, parks and sanitation services
Compatibility with Existing and Potential Adjacent Land Uses
The subject property is currently surrounded by land utilized as single-family residential, with a small amount of commercially zoned property to the north. The proposed zone change to PDD with R-1 as the base zoning district is compatible with the existing and potential adjacent land uses. |
Planning and Zoning Commission Recommendation
The Schertz Planning and Zoning Commission met on April 14, 2021 and voted to recommend that City Council deny ZC2020-005 (Ordinance 21-S-15) by a 6-1 vote.
Commission Chair Outlaw provided thorough feedback on a number of the concerns raised by surrounding property owners. A number of the residents were concerned that the "greenbelt" behind a section of lots within Carolina Crossing is being taken away from the neighborhood; however, Commission Chair Outlaw correctly explained that the "greenbelt" is actually private property already zoned for single-family residential land uses. He continued by explaining that the Planning and Zoning Commission frequently has little to no control over development that meets the zoning requirements, and for unique cases, such as this zoning application, the Commission's goal is to find the best possible way to develop the property given the existing conditions. Commission Chair Outlaw also addressed resident concerns over water capacity, during which he clarified that the City works with Schertz-Seguin Local Government Corporation to offer consistent water service that is sourced from the Carrizo Aquifer in Gonzalez County, Texas. He emphasized that the City of Schertz does not currently have a water supply problem. Another common resident concern was the impact of the development on the traffic system. Commission Chair Outlaw explained that traffic is a byproduct of growth, but our Master Thoroughfare Plan was put into place in order to mitigate traffic concerns that arise from development and make our City more accessible.
The Planning and Zoning Commission and Commission Chair Outlaw appreciated the effort that went into the design of the Heritage Oaks subdivision, and maintained that this is the kind of unique development that the Planned Development District zoning classification is intended for. They found the proposed PDD to be aesthetically pleasing, and stated that the concept is a marked improvement on the existing lotting pattern established in the Live Oak Hills Subdivision. However, the following Commissioners ultimately recommended denial for the undermentioned reasons:
- Commission Chair Outlaw, Commissioner Rae, & Commissioner Greenwald
- The reduced side yard setbacks from 10' to 5' for all the buildable, single-family residential lots
- The reduced minimum cul-de-sac diameter from 150' to 100'
- The 20' paved alley section being too small
- Commissioner Evans
- In addition to the above reasons, the removal of the tree mitigation fees and the reduction in Protected Class tree preservation standards
- Commissioner Goldick
- The removal of the natural environment and potential impacts to the wildlife
- Commissioner Haynes
- The potential noise concerns from the nearby GVEC substation
Staff Recommendation
Staff is recommending approval of the Heritage Oaks PDD for the following reasons:
- Improved neighborhood design through the coving plan
- Decreased overall density compared to existing Live Oak Hills Subdivision plat
- Increased open space and potential Heritage Class tree preservation with two major trail extensions
- PDD revisions to potentially assuage the Planning and Zoning Commission's concerns regarding the side yard setbacks
For background, the existing Live Oak Hills Subdivision was platted and individual lots were sold in 1963 without the necessary infrastructure improvements, such as water lines, sewer lines, and roads, which left hundreds of lots to remain undeveloped. These undevelopable lots in Live Oak Hills collectively formed what is commonly referred to as a 'paper subdivision', or a subdivision that is recognizable on paper, but not in the real world. This situation poses numerous development challenges; from various land ownership parties to cost-prohibitive infrastructure requirements for individual lot development, 'paper subdivisions' can often remain vacant for decades, as is the situation with most of the Live Oak Hills Subdivision. The proposed Heritage Oaks development along Wiederstein Road, stretching between Schertz Parkway and the city limit boundary between Schertz and Selma, aims to redevelop 45 acres of the existing Live Oak the city limit boundary between Schertz and Selma, aims to redevelop 45 acres of the existing Live Oak Hills subdivision plat along with an additional 21 acre tract into a 66 acre single-family residential subdivision.
The Heritage Oaks PDD is designed through a coving plan, which encourages smart growth by implementing winding roads and meandering setbacks that result in reduced impervious coverage, limited infrastructure costs, and increased open space preservation when compared to the original Live Oak Hills Subdivision. The coving plan is a marked improvement on the conventional urban grid with dead-end streets that is laid out in the existing plat. The Heritage Oaks PDD is proposing reduced lot sizes, reduced front yard setbacks, and reduced side yard setbacks; however, a maximum of 215 lots will be permitted across the entire 66 acre development, leaving a maximum density of 3.25 lots per acre. When comparing these numbers to the existing Live Oak Hills plat, which would allow 180 lots across 45 acres for a density measurement of 4.00 lots per acre, we can see that the proposed Heritage Oaks PDD is less dense than what is allowed through the current plat. The reductions in lot size and building setback requirements are primarily put in place to accommodate the design criteria of the coving plan, and the extra space created is then allocated for open space preservation and potential tree preservation. The meandering building setbacks, coupled with the realignment of Wiederstein Road will also create a ROW corridor that is more aesthetically pleasing than conventional roadways lined with perimeter fencing.
Although there is a stark difference between UDC Sec. 21.9.9 and the proposed tree preservation and mitigation requirements within the Heritage Oaks PDD, Staff feels that the increased Heritage Class tree preservation requirements are a fair trade off for the removal of any Protected Class tree preservation requirements and all tree mitigation requirements. The reality of the situation is that any development on the subject properties will require the developer to remove a number of trees, including the already existing plat for 45 of the 66 total acres. Under the current regulations, the developer could pay to remove up to 75% of all the Protected Class and Heritage Class trees on site and develop in accordance with the Live Oak Hills Subdivision plat; however, this would be extremely cost prohibitive and would affect the potential quality of the rest of the development. The proposed tree preservation and mitigation requirements mandate the preservation of nearly 1,000 extra inches of Heritage Class trees, and the proposed landscaping requirements incentivize the utilization of existing Protected and Heritage Class trees. Staff thinks tree preservation, instead of tree mitigation, should be a priority for this development. Instead of aggrandizing our tree maintenance fund, we would rather focus on preserving the existing trees in order to collaborate with the property owner and produce a quality neighborhood filled with towering trees that have been growing on-site for decades. The Heritage Oaks neighborhood will also contribute two major additions to the Trails Master Plan, with 10' concrete, shared-use paths extending along West Dietz Creek and in the open space corridor adjacent to Wiederstein Road.
The applicant has also taken feedback from the Planning and Zoning Commission into consideration and made changes in an effort to mitigate some of their concerns; the proposed PDD development standards increase the side yard setbacks from 5 feet to 7.5 feet for rectangular shaped lots, and will no longer allow equipment in any side yards less than 10 feet. This should allow more space for the CIty's emergency services to manuever in between the houses.
Staff believes the proposed Heritage Oaks PDD resembles a marked in improvement in neighborhood design quality over the existing Live Oak Hills Subdivision plat, while simultaneously reducing the overall destiny proposed on the subject properties. Given the less than desirable current lotting pattern, staff is willing in this case to support a creative development proposal. This project will serve as a good limited test case of some unique concepts that would normally not be allowed in a more traditional development. Therefore, Staff recommends approval of the proposed zone change to Planned Development District (PDD) as submitted to City Council.
|