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8.
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| City Council Regular Meeting |
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| BACKGROUND |
Owners: HABI Land, LLC
Applicant: Eugenio Murillo, HABI Construction, LLC
One hundred fifteen (115) public hearing notices were mailed to the surrounding property owners on August 12, 2022, with a public hearing notice to be published in the "San Antonio Express" on August 31, 2022, prior to the City Council public hearing. At the time of this report staff has received three hundred and forty-six (346) individual responses opposed, one (1) in favor, and one (1) neutral to the proposed rezoning request. Of the 346 opposed responses, they account for 296 properties, 101 of which are within the 200-foot notification boundary.
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).
At the time of this staff report the total percentage of the protested parcel acreage is 35.69%, therefore, triggering the 3/4 vote of the City Council.
The Planning and Zoning Commission met on August 24, 2022, where they held a public hearing and spoke at length on the proposed rezoning. The Commissioners and residents spoke on the following items:
- Fencing: for the properties directly adjacent to this site
- Explanation of a Planned Development District
- Street size/ Parking
- Schertz Emergency Services response times
- HOA requirements
- Compatibility
- Traffic/Access
- Infrastructure
- Impact on Schools
- Crime and Safety
- Park Facilities/Proposed Public Trail
- Deed Restrictions
- Drainage/Flooding
- If the Project was to be Market Rate/Tax Credit/Section 8/Owner Occupied vs Rental
The applicant is proposing to zone change approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD), with a base zoning of Apartment/Multi-Family Residential (R4). The proposed development will be a gated community with approximately 220 units. It will be developed over 55 lots with one structure on each lot and four (4) units within each building. The units will be 1,350 square foot with 3 bedrooms and 2 baths. In the table below it illustrates the dimensional requirements for the development which is also viewable in the Planned Development District narrative.
| Classification |
Min. Lot Size |
Min. Yard Setback |
| Apartment/ Multi-Family Residential District |
Area Square Footage |
Width ft. |
Depth ft. |
Front ft. |
Side ft. |
Rear ft. |
| |
8,700 |
100 |
87 |
25 |
10 |
20 |
UPDATE AFTER PLANNING AND ZONING COMMISSION AUGUST 24, 2022 MEETING:
After the Planning and Zoning Commission meeting the applicant reevaluated their current plan in relation to fencing and buffering adjacent to the residential properties. In light of the questions and comments from the residents at the Planning and Zoning Commission meeting, the applicant is now proposing the following:
| Adjacent Property |
Proposed Screening |
| North / Fairways at Scenic Hills Unit 2 |
8 foot high masonry wall immediately adjacent to the Fairways at Scenic Hills Unit 2 lots, with a 20-foot wide landscape buffer proposed within the rear yards of the lots that will include one shade tree per yard |
| South / Scenic Hills Community Phase 1 |
8 foot high wood privacy fence to be located at the rear of the proposed lots and a 6-foot-high wrought iron fence to be located adjacent to the Scenic Hills Community Phase 1 residential lots |
In evaluating the proposed screening and buffering changes, staff is supportive of the proposal as it better aligns with the desired screening and buffering of the adjacent existing residential lots. |
| GOAL |
| The goal is rezone approximately 25 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 property will also be incorporating approximately 7.8 acres of green space and amenities. In the development there is the proposal of 0.6 acres to be private park and amenities to have a pavilion, playground, and concrete walking path. There is also the proposal of 0.30 acres of land to be a mail center with covered pavilion and additional parking spaces. Also, there will be 0.7 acres of land to be a private dog park, a 1.9 acre tract of land to be a private picnic/trail/community garden area, as well as 0.30 acres of green space. There is an existing 100-foot electrical easement that the developer is additionally working on with the Parks Department to have a public trail easement as well as provide benches and exercise equipment.
The property abuts the Fairways at Scenic Hills Unit 2 neighborhood and is required to construct an 8-foot masonry wall with a 20-foot landscape buffer per the Unified Development Code. Per the proposed PDD design standards the applicant is proposing to construct the 8-foot masonry wall and provide the 20-foot landscape buffer within each of the residential lots. The 20-foot landscape buffer will be incorporated into the rear yards of the development and include a shade tree and prohibit any future structures within the designated buffer.
The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan and the Northern Schertz Sector Plan, designates this subject property as Single-Family Residential.
- Comprehensive Plan Goals and Objectives: The land use designation of Single-Family Residential is 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.
- Impact of Infrastructure: The property will be serviced by the City of Schertz for water and sewer through 8-inch lines.
- Impact of Public Facilities/Services: The proposed zone change would have minimal impact to the public services, such as schools, fire, police, and parks.
- Compatibility with Existing and Potential Adjacent Land Uses: The property is surrounded by residential neighborhoods and the Comprehensive Land Use Plan designation of Single-Family Residential is designed to provide a mixture of housing options. The proposed rezoning to Planned Development District (PDD) with a base zoning of Apartment/Multi-Family (R4) is compatible with the existing and potential adjacent land uses due to the proposals differing residential type.
|
| FISCAL IMPACT |
| None |
| RECOMMENDATION |
The property has the land use designation under the Schertz Sector Plan for Northern Schertz as Single-Family Residential. The Single-Family Residential land use designation encourages the mixture of various residential type developments as well as maintaining the walkable neighborhood feel. The proposed rezoning to Planned Development District (PDD), with a base zoning of Apartment/Multi-Family Residential District (R4) does conform to the Comprehensive Land use Plan designation as it provides a mixture of housing type to the area. The property will be developed as 55 individual lots with a fourplex building (4 units) on each lot, which equates to 220 units. The property is also providing a gated HOA maintained development, mailbox bump out with parking spaces, amenity center, play scape, dog park, open space, additionally the applicant is working with the Parks Department to provide a public trail easement to be accessible by all of the surrounding neighbors.
Given the adjacent properties being single-family residential neighborhoods and the applicant requesting to provide Apartment/Multi-Family style product this provides a uniqueness to the area that is currently not there. The property is providing open space/park area, mailbox bump out, trail system, amenity center, and a mixture of development to the existing neighborhood. Due to the uniqueness of this development, staff is recommending approval of The Villas at Bluebonnet Ridge Planned Development District as presented. Additionally, staff would support the modification to the proposed screening and buffering and if found favorable would ensure modifications to the proposed PDD narrative before final reading to include the modifications.
At the August 24, 2022, meeting the Planning and Zoning Commission, rather than making a recommendation on the requested Planned Development District (PDD), made a recommendation to City Council to approve a zone change to Single-Family Residential (R-6) with a vote of 4-2, Commissioner Outlaw and Commissioner Hector with the nay votes. The Schertz UDC has not yet been amended to allow straight R-6 zoning, but it could be rezoned to a PDD with a base zoning districct of R-6. |
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