Print Back to Calendar Return
  13.       
City Council Regular Meeting
Meeting Date: 02/28/2023  

BACKGROUND
The applicant is proposing to rezone approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD) with a base zoning of Townhome District (TH). 

Public Notice: 
One hundred seventeen (117) public hearing notices were mailed to the surrounding property owners on January 13, 2023. At the time of this report (February 24, 2023), staff has received the following responses one (1) neutral, twenty (20) opposed, and twenty-four (24) in favor of the proposed zoned change request. Additionally, staff has received a letter of support from the Scenic Hills HOA. A public hearing notice was published in the "San Antonio Express" on February 8, 2023 prior to the City Council public hearing. 

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 (February 15, 2023) the total percentage of the protested parcel acreage is 4.11%, therefore, the 3/4 vote has not been triggered for the City Council.

Proposed Zoning Concept: 
The proposed zoning is to Planned Development District (PDD) with a base zoning of Townhome District (TH). The proposed development will be a gated community with no more than 198 units. These will be spread across fifty-one (51) buildings. Six (6) of the proposed buildings would have three (3) units and the remaining forty-five (45) buildings will have four (4) units. Each unit is proposed to be its own townhome and could be sold separately. Each unit will be between 1,300 square feet and 1,400 square feet. Every unit will feature 3 bedrooms, 2.5 baths, an eat in kitchen, two living rooms, a laundry room, an office/flex room, and a covered patio. Additionally, each unit will have its own garage, covered back patio, and a private yard. The proposed development would be maintained by the HOA and is proposed to have 7.52 acres of green space and amenities. 

The PDD Design Standards propose to conform with the Townhome District zoning with modifications to the lot width and depth as shown in the table below. 
 
Classification Minimum Lot Size Minimum Yard Setback
  Area Square Footage Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. 
Townhome District Per the Unified Development Code 2,500 25 100 25 10 20
Townhome (Type A) 3,045 35 87 25 10, 0 20
Townhome (Type B) 2,175 25 87 25 0, 0 20
* Each lot will have a 10-foot side setback if on the end or a zero setback if in the interior, a 25- foot front setback, and a 20-foot rear setback. 

Parks and Amenities: 
The proposed PDD plans to incorporate 7.52 acres of green space and amenities. This would include a pavilion, playground for the community, a concrete walking path. Additionally, a mail center is proposed with a covered pavilion, and additional parking access. There is also a proposed 0.45 acre fenced-in private dog park, a 1.85 acre private picnic / trail / community garden area, 0.30 acre of miscellaneous green spaces and a 4.01 acre open space / easement. 

Fire Suppression and Fire Walls: 
Per the proposed PDD Design Standards due to the proposed reduced side yard setbacks, each townhome is proposed to have fire sprinklers, will require all A/C condensers to be in the rear yard, and exterior walls would be at least a minimum of a 1-hour fire rated. 

Parking: 
Per the proposed PDD Design Standards there are a proposed 654 parking space across the development.  

Additional Design Standards Proposed: 
Per the proposed PDD Design Standards the developer has proposed to create a twenty foot (20') buffer in the rear of the yards associated with the development that are adjacent to the Fairways at Scenic Hills neighborhood. Additionally, the developer will prohibit the placement of any structures, including but not limited to sheds, in the buffer area. In this proposed twenty-foot (20') buffer, the developer will plant one tree in the middle of said buffer.
 
GOAL
The project goal is to rezone approximately 25 acres of land, generally located approximately 2,200 feet southeast of the intersection of Country Club Boulevard and IH-35 access road, also known as a portion of Comal County Property Identification Number 377261 and Guadalupe County Property Identification 63833 from Pre-Development District (PRE) to Planned Development District (PDD). 
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
In 2022 the applicant submitted a zone change request to a Planned Development District (PDD) with a base zoning of Apartment/ Multi-Family Residential (R4). That proposal included approximately 220 units to be developed as fourplexes. On September 27, 2022 the City Council was unable to obtain the super majority needed for the approval of that zone change application, which ultimately lead to the application being denied. During the discussion at the September 27, 2022 City Council meeting there were concerns with the proposed density. 

Based on the previous City Council feedback the developer has made changes to the proposed PDD to address the concerns presented at the September 27th meeting. Rather than the previously proposed PDD with a base zoning of Apartment/ Multi-Family, the current proposal is for a PDD with a base zoning of Townhome District, which was directly discussed at the City Council meeting. This ultimately reduced the overall density proposed within the development. 

The Schertz Sector Plan for Northern Schertz designates the subject property as Single-Family Residential. The Single-Family Residential land use designation encourages the mixture of various residential type development as well as maintaining a walkable neighborhood feel. The proposed rezoning to Planned Development District (PDD), with a base zoning of Townhome District (TH) does conform to the Comprehensive Land Use Plan designation as it would provide a needed mixture of housing type to Schertz. The proposed development would have a maximum of fifty-one (51) buildings consisting of no more than 198 units. 

As previously stated, the applicant in September of 2022 proposed to rezone the property to Planned Development District, although that application was ultimately denied as part of that application the applicant was working with the Parks Department in relation to a trail that is shown on the 2017 Schertz Transportation Plan-Trails Network. The previous proposal was to dedicate land within the overhead utility easement to be utilized for a trail that would ultimately be part of the "Great Northern Trail". This proposed trail was shown on the previous concept plan and identified the public walking trail along with private exercise equipment and benches. 

The current proposed development no longer accounts for, or proposes the dedication or construction of the walking trail within the overhead electrical easement. Based on the Trails Presentation at the January 10, 2023 City Council meeting, the City Council expressed their desire for trails within the City of Schertz and the importance of requiring trails to be constructed with developments. Based on City Council's desire to have trails and the subject property having an identified trail per the Schertz Transportation Plan-Trails Network, staff feels that the development should be required to dedicate and construct the trail per the plan. 
 
RECOMMENDATION
Staff Recommendation: 
Staff recommends approval of the proposed zone change to Planned Development District (PDD) with a condition that per the 2017 Schertz Transportation Plan-Trails Network the proposed project would include the trail on all future exhibits and plans and construct the identified trail on the subject tract.

Planning and Zoning Commission Recommendation: 
The Schertz Planning and Zoning Commission met on January 25, 2023 and voted to recommend that City Council approve the proposed zone change with a condition that the proposed project would include the trail on all future exhibits and plans by a 5-2 vote with Chairman Outlaw and Commissioner McMaster with the nay votes. 
Attachments
Ordinance No. 23-S-02
Exhibit A- Metes and Bounds
Exhibit B- Zoning Exhibit
Exhibit C- PDD Design Standards
Conceptual Plan
Aerial Exhibit
Public Hearing Notice Map
Public Hearing Responses as of 02.24.2023
Scenic Hills HOA Letter of Support
City Council Presentation Slides

AgendaQuick©2005 - 2024 Destiny Software Inc., All Rights Reserved