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  7.       
City Council Regular Meeting
Meeting Date: 07/12/2022  

BACKGROUND
Owners: 
  • Wiederstein Trust Fund: 9275 Weir Ave, Parcel ID 310053
    • Vickie McDaniel, co-trustee
    • David Wiederstein, co-trustee
    • Diane Hunter, co-trustee
    • Rebecca Robertson, co-trustee
  • Brian Beutnagel and Valerie Hartmann, 8676 Trainer Hale Road, Parcel ID 310060
  • Brycap Farm Properties, LLC, 7820 E. FM 1518 N., Parcel ID 310061
    • Bryan Bryson, partner/owner
    • Caprice Fredricksen, manager
  • Kneupper Bryson Properties, Ltd., 8850 Trainer Hale Road, Parcel ID 310121
    • Bryan Bryson, manager
    • Caprice Fredricksen, manager
Applicant: Ashley Farrimond, Killen, Griffin & Farrimond PLLC and Marcus Moreno, Scott Felder Homes

Twenty-nine (29) public hearing notices were mailed to the surrounding property owners on June 30th, 2022 with a public hearing notice published in the "San Antonio Express" on July 1, 2022, prior to the City Council public hearing.  At the time of this report staff has received three (3) response in favor of the proposed rezoning.
GOAL
The goal is to rezone approximately 362 acres of land to Planned Development District (PDD). 
COMMUNITY BENEFIT
The community benefit is to promote safe, orderly, efficient development and bring about the City's vision of future growth. 
SUMMARY OF RECOMMENDED ACTION
The applicant is proposing to zone change approximately 362 acres of land from Pre-Development District (PRE) and Development Agreements (Delayed Annexation) (DVL)/outside city limits to Planned Development District (PDD).

According to the proposed Sterling Grove Subdivision PDD it will allow six hundred seventy-two (672) suburban single-family lots and one hundred sixty (160) 0.5 acre lots.  Of the 672 suburban single-family lots, thirty-five percent (35%) will have minimum lot dimensions of 65’ by 110’ (SFR2).  The remaining sixty-five percent (65%) of the 672 suburban single-family lots will have minimum lot dimensions of 55’ by 110’ (SFR1).  Please see "Table One"-Dimensional Requirements" within the Sterling Grove PDD Development Standards, copied below for reference, which provides full details on lot sizes and building setback requirements. 
Table One- Dimensional Requirements 
    Minimum Lot Size Minimum Yard Setback Min. Off Street Parking Spaces Misc. Requirements
Code Classification Area sf Width ft Depth ft Front ft Side ft Rear ft Parking Max Height Max Impervious Coverage
SFR1 Single Family 6,050 55 110 25* 10 15 2 35 60%
SFR2 Single Family 7,150 65 110 25* 10 15 2 35 60%
0.5 Ac Single Family  21,780 N/A N/A 25 10 15 2 35 50%
*Buildings constructed on irregular lots, including cul-de-sacs and knuckle sacs, shall have a minimum front yard setback of 20 feet. 
a.    Maximum 672 lots will be comprised of SFR1 and SFR2
b.    65% of the 672 lots will SFR1 or larger.
c.    35% of the 672 lots will be SFR2 or larger.

The Sterling Grove Conceptual Plan indicates that there will be approximately 3 acres of park, 15.3 acres of open space, approximately 27 acres of land for floodplain, open space, and city trail system, and approximately 3 acres of land for an amenity center.  There is also several basins and drainage easements through the development as well.  

Additionally, the Sterling Grove Subdivision PDD Development Standards proposed to modify the regulations for Subdivision Entry Signs. 
Please see the table below for the proposed changes to UDC Sec 21.11.15.  
UDC Section  Current Regulation Proposed Regulation
Sec. 21.11.15.C Maximum Area 32 square feet per sign face 200 square feet per sign face
Sec 21.11.15.D Maximum Number of Signs 1 Primary Entry Sign and 1 Second Entry Sign which is 75% of the Primary  2 Primary Entry Signs (no secondary) both of which would be located on Trainer Hale Road

The Comprehensive Land Use Plan (CLUP) through the future land use plan and the Schertz Sector Plan for Southern Schertz designates the subject properties as Agricultural Conservation and Estate Neighborhood. A Comprehensive Land Use Plan Amendment was approved by the Schertz City Council on January 25, 2022, which changed the future land use plan designation of the approximately 362 acres of land from Agricultural Conservation and Estate Neighborhood to Single-Family Residential land use designation. The objective of the Single-Family Residential land use designation is to have a mixture of residential uses and limited commercial development. 
  • Comprehensive Plan Goals and Objectives: Areas classified as the Single-Family Residential land use designation are intended to utilize a traditional neighborhood design that includes a mixture 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 designations, and is therefore in conformance with the Comprehensive Land Use Plan. 
  • Impact of Infrastructure: The subject properties have dual Certificate of Convenience and Necessity (CCN), specifically the City of Schertz and Green Valley Special Utility District.  The portions of the subject tract that are within the City of Schertz CCN will be obligated to design water and sanitary sewer services throughout the subdivision during the Master Development Plan Process in order to connect to public utility systems.  Right-of-way dedication will be required from the proposed development as identified on the Master Thoroughfare Plan, i.e. Trainer Hale (secondary arterial) and the North & South Connector as a planned residential collector. 
  • Impact of Public Facilities/Services: In accordance with the Texas Local Government (LGC) Chapter 43, the City must provide public services to the land on the effective date of the annexation. 
  • Compatibility with Existing and Potential Adjacent Land Uses: The surrounding properties to the subject property are all currently being used for single-family residences, agricultural uses, or are undeveloped.  The proposed zone change to PDD, given the single-family residential base zoning throughout the entire subdivision is compatible with the existing and potential adjacent land uses.
FISCAL IMPACT
None
RECOMMENDATION
The property has the land use designation under the Schertz Sector Plan for Southern Schertz as Single-Family Residential.  The Single-Family Residential land use designation encourages the development of traditional neighborhood design that includes a mixture of residential uses, as well as limited commercial development to support the daily activities of the development.  The proposed rezoning to Planned Development District does conform with the Comprehensive Land Use Plan designation. 

The Sterling Grove Subdivision is providing curvilinear streets, mailbox bump outs with a cover and 2 parking spaces, an amenity center, approximately 3 acres of park, approximately 22 acres of drainage basins, approximately 27 acres of floodplain, open space and city trail system, approximately 15.5 acres of open space, and several drainage easements throughout the development.  The applicant is actively working with the Parks Department on finalizing details on the proposed park land, which at this time has not been determined to be public or private.  The subdivision will be composed of six hundred seventy-two (672) suburban single-family lots and approximately one hundred sixty (160) 0.5 acre lots.  Of the 672 suburban single-family lots, thirty-five percent (35%) will have a minimum lot size of 65' by 110'.  The remaining sixty-five percent (65%) suburban single-family lots will have a minimum lot sizes of 55' by 110'.

The Planning and Zoning Commission conducted a public hearing on June 22, 2022 where they had a lengthy discussion on the proposed rezoning as well as the concept plan.  The Commission discussed their concerns that the development did not meet some of the standards that were discussed by the Sub Committee.  There were concerns that the development was predominately 55-foot wide lots instead of the mixture of lot sizes.  Also discussed were the curvilinear streets which are predominately in the half-acre side and not shown to be on the 55-foot side.  Another concern was that the concept plan provided in the staff report was different from the concept plan the applicant showed during their presentation.  The Commission and the applicant discussed trying to find a way to have the developer add a mixture of lot sizes in order to meet the intent of the Sub Committee discussions.  However, after going back and forth there was no agreement on the percentage for the mixture of lot sizes.  The Commission then proceeded with making a recommendation to the City Council for approval with a vote of 3-1, but due to there only being 4 members present at the meeting, the motion failed.  The Commission discussed making another motion but realized there would not be an affirmative vote, as no Commissioners were interested in changing their previous vote. Therefore, the recommendation from the Planning and Zoning Commission is for denial due to there not being an affirmative vote based on the 4 Commissioners present at the meeting.

The City Council held a public hearing on July 5th, 2022 where the Council discussed the proposed concept plan and having the applicant add more variety of lot sizes to the overall development.  The Council discussed having the 672 lots and of those be the 55' by 110' but then also having 35% of the 672 be 65' by 110' or larger.  The Council also discussed the proposed sign to be installed and having a visual provided.  Due to the noticing error for the July 5th, 2022 meeting the Council was only able to discuss the project but no action/motion was taken.  

Staff went back to the applicant and discussed the comments that were had by the Council.  The applicant requested that instead of having the 65' by 110' (7,150sqft) lot size have it be 60' by 110' (6,600sqft).  The applicant also provided a graphic of the proposed sign, which has been added into the staff report attachments. 

Staff recommends approval of Ordinance 22-S-28, a request to rezone approximately 362 acres of land to Planned Development District (PDD) as proposed, specifically with a maximum of 672 of the suburban style lots, 65% of which will be a minimum of SFR1 (55'x110') or larger and 35% of which will be a minimum of SFR2 (65' x 110') or larger. 
Attachments
Ord. No. 22-S-28
Ord. No. Exhibit A: Metes and Bounds
Ord. No. 22-S-28 Exhibit B: Concept Plan
Ord. No. 22-S-28 Exhibit C: PDD Design Standards
Ord. No. 22-S-28 Exhibit D: Sign
Aerial Map
Public Hearing Notice Map
Zoning Exhibit
Public Hearing Notice Responses

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