22-S-25 - Amend Comprehensive Land Use Plan changing 22 acres of land from Agricultural Conservation land use to multi family residential approv 1100 feet W of FM 482 and HubertusORDINANCE NO. 22-S-25
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE COMPREHENSIVE LAND USE PLAN BY CHANGING
APPROXIMATELY 22 ACRES OF THE FUTURE LAND USE MAP FROM THE
AGRICULTURAL CONSERVATION LAND USE DESIGNATION TO THE MULTI-
FAMILY RESIDENTIAL LAND USE DESIGNATION, GENERALLY LOCATED
APPROXIMATELY 1,100 FEET WEST OF THE INTERSECTION OF F 482 AND
HUBERTUS ROAD, ALSO KNOWN AS COMAL COUNTY PROPERTY
IDENTIFICATION NUMBERS 401272, 401273, 75375, 75237, AND 75246 CITY OF
SCHERTZ, COMAL COUNTY, TEXAS.
WHEREAS, an application to amend the Comprehensive Land Use Plan by changing
approximately 22 acres of the Future Land Use Map from the Agricultural Conservation land use
designation to the Multi- Family Residential land use designation, generally located approximately
1,100 feet west of the intersection between FM 482 and Hubertus Road, also known as Comal
County Property Identification Numbers 401272, 401273, 75375, 75237, 75246, and more
specifically described in the Exhibit A attached herein (herein, the "Property ") has been filed with
the City; and
WHEREAS, the City's Unified Development Code Section 21.4.6.D. provides for certain criteria
to be considered by the Planning and Zoning Commission in making recommendations to City
Council and by City Council in considering final action on an amendment to the Comprehensive
Land Use Plan (the "Criteria "); and
WHEREAS, on May 25, 2022, the Planning and Zoning Commission conducted a public hearing
and, after considering the Criteria, made a recommendation to City Council to approve the
requested Comprehensive Land Use Plan Amendment; and
WHEREAS, on June 28, 2022, the City Council conducted a public hearing and after considering
the Criteria and recommendation by the Planning and Zoning Commission, determined that the
requested Comprehensive Land Use Plan Amendment be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The current Comprehensive Land Use Plan is hereby amended to change the
Future Land Use Map of the property, as shown and more particularly described in the attached
Exhibit B, from Agricultural Conservation land use designation to Multi- Family Residential land
use designation.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 8. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 28th day of June 2022.
PASSED, APPROVED AND ADOPTED on final reading the 5th day of July 2022.
R�'1 FG fie ez, Mayor
ATTEST: �"
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
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Memo
Date: 05 -03 -2022
To: City of Schertz Planning & Zoning Commission
From: Chris Bancroft, Principal, Texas Multifamily Capital, LLC
Re: Comprehensive Land Use Plan Amendment for:
7608 FM 482, 7576 FM 482, 7636 FM 482, 7590 FM 482 and 7570 FM 482
NEW BRAUNFELS, TX 78132
To Whom it May Concern,
Texas Multifamily Capital, LLC (TMC) has submitted an application for rezoning for the above
noted properties that make up the FM 482 A Hubertus Rd 5- property assemblage. The
requested zoning for the 5- property assemblage is Apartment/Multifamily District (R4).
Currently the two westernmost parcels are zoned Agricultural District (AD) while the three
easternmost parcels are zoned Light Industrial (M -1).
The City of Schertz Sector Plan, adopted into the Comprehensive Land Use Plan on July 16,
2013, identifies these properties as an Agricultural Conservation land use designation. TMC is
requesting an amendment to the Comprehensive Land Use Plan to change the land use
designation for these properties from Agricultural Conservation to Multi - Family
Residential to accommodate Apartment/Multi- family District (114) zoning.
Currently, these properties are being utilized as single family homes. Neighboring properties to
the south, west and north have similar current land uses of either single family or agricultural
land. All surrounding properties - with one exception - are currently zoned (M -1) Light Industrial.
The only adjacent property not currently zoned M -1 belongs to Comal ISD and will likely be
used for a future school or school expansion. On the eastern corner of FM 482 and Hubertus
Rd, approximately 250 feet away from the 5- property assemblage is Danville Middle School,
also part of Comal ISD.
While the comprehensive land use plan indicates Agricultural Conservation across much of the
North Schertz Sector, much the existing zoning (M -1 Light Industrial) contradicts this
designation. This includes most of the property along FM 482 and areas surrounding both the
5- property assemblage and Danville Middle School.
TMC is aware that the City of Schertz Comprehensive Land Use plan is in the process of being
updated and revised for 2022. Much of what is outlined in the current Comprehensive plan from
2013 is no longer relevant to the current market conditions. Demand for housing in Central
Texas has skyrocketed over the past few years. Demand for affordable rental housing has
also skyrocketed, as single family home prices have increased at unsustainable rates along the
same timeline. Danville Middle School also did not exist in 2013 when the current
Comprehensive plan was approved. The school certainly requires different land uses for the
area that are more compatible.
It can be safely assumed that as properties in the area sell over time, they will likely convert to
their by -right use of (M -1) Light Industrial. This of course conflicts with the current
Comprehensive plan indications for Agricultural Conservation. Light industrial is not a
compatible use adjacent to a large public school with close to 1,000 children. Light industrial
facilities adjacent to a large public school will likely cause issues ranging from environmental
safety, traffic safety, crime, noise, pollution and a number of other issues associated with those
incompatible land uses.
TMC envisions building three story garden style apartments on the 5- property assemblage. A
thoughtfully designed apartment community with ample green space and parkland is
complimentary to the adjacent middle school, and would create a better transition of land uses
between the school and the other M -1 zoned properties. It will serve to provide affordable rental
housing for the families with children that attend Danville Middle School, but also provide
affordable rental housing for the local residents of the rapidly growing City of Schertz.
We appreciate the Planning & Zoning Commissions consideration for Comprehensive Land Use
Plan amendment to accommodate R4 zoning for these properties.
Sincerely,
Chris Bancroft
Principal
Texas Multifamily Capital, LLC
512- 705 -0212
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