PZ 10-26-2022 AGENDA with associated documentsMEETING AGENDA
Planning & Zoning Commission
REGULAR SESSION PLANNING & ZONING COMMISSION
October 26, 2022
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a team
The Planning and Zoning Commission will hold the regularly scheduled meeting at 6:00pan., Wednesday, October 26, 2022, at the
City Council Chambers. In lieu of attending the meeting in person, residents will have the opportunity to watch the meeting via live
stream on the City's You'rube Channel.
1. CALL TO ORDER
2. SEAT ALTERNATE TO ACT IF REQUIRED
3. HEARING OF RESIDENTS
Residents who choose to watch the meeting via live stream, but who would like to participate in
fIearing qfRco1dents, should email their coirzments° to the Planning Division, at planning(a' )schertz, cont
by 5:00p. m, on Tuesday, 0clober 25, 2022, so that the Planning Division may read the public
commenty into the record under the hearing qfrc>sidenls, In the body cif the email please include ' vour
name, your adcits> vs, phone number, agenda, item number ifapj)licahle or subject qfdiscussion, and
your comments,
This time is set aside for any person who wishes to address! the Planning and Zoning Commission. Each person should fill out the Speaker's
register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Commission of any item not
on the agenda shall be limited to statements oJ' specific factual information given in response to any inquiry, a recitation q/'existing policy in
response to an inquiry, and /or a proposal to place the item on ajoture agenda. The presiding officer, during the Hearing of Residents portion
oj'the agenda, will call on those persons who have signed up to speak in the order they have registered.
4. PLANNING AND ZONING COMMISSION ELECTIONS
A. Election of Planning and Zoning Commission Chair and Vice Chair
5. CONSENT AGENDA:
A. Minutes for the October 12, 2022, Regular Meeting.
Planning & Zoning October 26, 2022 Pagel of
6. PUBLIC HEARING:
The Planning and Zoning Commission will hold a public hearing related to zone change requests and replats within this agenda. The public
hearing will be opened to receive a report from staff the applicant, the adjoining property owners affected by the applicant's request, and
any other interested persons. Upon completion, the public hearing will be closed. The Commission will discuss and consider the application,
and may request additional information from staff or the applicant, f required. After deliberation, the Commission is asked to consider and
act upon the following requests and make a recommendation to the City Council if necessary.
A. PLPDD20220020- Hold a public hearing, consider and make a recommendation on a request to rezone
approximately 75 acres of land from General Business District (GB) and Manufacturing District- Light
(M -1) to Planned Development District (PDD), generally located southeast of the intersection of IH 35
and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers 68313,
68314, and 148510, City of Schertz, Guadalupe County, Texas.
B. PLUDC20220135 Hold a public hearing, workshop and discussion, and possible action to make a
recommendation on amendments of Part IIl, Schertz Code of Ordinances, Unified Development Code
(UDC), to Article 5, Section 21.5.11- Specific Use Permit (SUP), Article 9, Section 21.9.7 -
Landscaping, and Article 1.0, Section 21.1.0.4- Schedule of off. - street parking requirements. Tabled at
the September 28, 2022, Planning and Zoning Commission Meeting
7. REQUESTS AND ANNOUNCEMENTS:
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda
B. Announcements by Commissioners
. City and community events attended and to be attended
. Continuing education events attended and to be attended
C. Announcements by City Staff.
. City and community events attended and to be attended.
8. INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION
PACKETS- NO DISCUSSION TO OCCUR
A. Current Projects and City Council Status Update
9. ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Samuel Haas, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 19th day
of October, 2022 at 2:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551,
Texas Government Code.
Samuel Haas
Samuel Haas, Planner
I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was removed from the official
bulletin board on day of 2022. title:
This facility is accessible in accordance with the Americans with Disabilities Act. Hlandicapped parking spaces are available. If you require special assistance
or have a requestfor sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting.
The Planning and Zoning Commission for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting
to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
Planning & Zoning October 26, 2022 Page 2 of 3
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any Executive
Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and
constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent
to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this
opinion.
Planning & Zoning October 26, 2022 Page 3 of 3
•
TO: Planning and Zoning Commission
PREPARED BY: Emily Delgado, Planning Manager
SUBJECT: Election of Planning and Zoning Commission Chair and Vice Chair
BACKGROUND
Based on Resolution 21 -R -28: Planning and Zoning Commission Bylaws: "The Commission shall hold elections
for a chari who shall serve as the presiding officer and vice chair at the first meeting in August of each year. ".
Although the bylaws stipulate the first meeting in August, as of this agenda elections have not taken place for 2022
for the Planning and Zoning Commission.
Attachments
Res. 21 -R -28- Planning and Zoning Commission Bylaws
r—'.— eee - 7 e=e,e w
VMEREAS, the Planning and Zoning Commission • the City of Schertz (the "City") has
recommended that the City approve the revised Bylaws, herein as "Exhibit A" of the Planning and
Zoning Commission; and
WHEREAS, the City Council has determined that it is in the best interest of the City to approve
the revised Bylaws of the Planning and Zoning Commission
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The City Council hereby authorizes the revised bylaws of the Planning and
Zoning Commission.
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 Resolution for all purposes and are adopted as a part
• the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
Qrovision of this Resolution are here ► i rejea ' a to the extent of such conflict an is t e ♦ rovisions
515167M)IMMI
Section 4. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States • America.
Section 5. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such rovision to other gersons and circumstances shall nevertheless be valid and the Ci 6 Council
I I E-4 uld WA I ImLm rt I 'Qm 11 K M I 11M "Q-;1M*
Section 6. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice • the time, place, and subject
matter
• the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 5 5 1, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage, and
I ,t is so resolved.
AT
Brenda Dennis, City ti ecretary
9r ' •
The Planning and Zoning Commission shall:
A. Review and approve or make recommendations on applications as set forth in the City
of Schertz Unified Development Code.
B. Make recommendations regarding the implementation of the City's Comprehensive
Plan.
71YOU it, WW
I Addressing the Commission. Any person desiring to address the Commission by
oral communication shall first secure the permission of the presiding officer.
VZON all TI-3
�41,71QJ jf�-j ON I U-06 I RAN 0 - -
5 Written Communications. Interested persons, or their authorized representatives,
may address the Commission by written communication in regard to any matter
concerning the City's business • over which the Commission has control at any
time by direct mail or by addressing the City Secretary, who shall, on the request
of the writer, distribute copies to the Commission members.
2 Debate. Debate, if permitted, must be limited to the merits of the issue under
discussion as stated by the presiding officer.
6. Motion Procedures. There are twelve (12) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main
Motions (I type)*. When any motion is pending, any motion listed above it on the
chart below is in order; those below it are out of order.
T
"" 'Wt4vp
Qrdgr, ABA Publishing, 21d Edition
.. tory if seconded no vote required
Uxless itiot waX
May
Resolved
Affirmative
Interrupt
Second
by Chair
Vote by 4
2/3
Motion
Speaker
Required
f Debatable
Amendable
No Vote
members
Vote
Meeting Conduct Motions
point of privilege
yes
no
no
no
yes
no
no
point of procedure or order
yes
no
no
no
yes
no
no
to appeal a ruling
no
yes
yes
no
no
yes
no
to recess
no
yes
yes
yes
no
yes
no
Disposition Motions
to withdraw
yes
no
no
no
yes
no
no
to postpone
no
yes
yes
yes
no
yes
no
to refer
no
yes
yes
yes
no
yes
no
to amend
no
yes
yes
yes
no
yes
no
to limit or close debate or "call the
no
yes
yes
yes
no
no
yes
question'
to extend debate
no
yes
yes
yes
no
yes
no
to count the vote
no
yes
no
no
no
no
no
Main Motions
to reconsider
yes
yes
if original
no
no
yes
no
motion
was
debatable
to rescind
no
yes
yes
yes
no
no
yes
to take action
no
yes
yes
yes
no
Yes * **
no
.. tory if seconded no vote required
Uxless itiot waX
• vote. The presiding officer should simply state that the motion is withdrawn,
and the meeting should proceed with a new treatment of the issue at hand—or 2
-1
kir-INARI.PrIM
13 To Count the Vote. A motion to count the vote should be limited to those
circumstances where the convenient hearing of "yeas" and "nays" cannot clearly
resolve the issue. It represents the right of a Commission member to have a vote
demonstrated by count. That count can be directed by the presiding officer either
as a showing of hands or a standing of voting members while the vote is recorded.
disposition of the issue voted upon. This motion cannot interrupt a speaker. It
requires a second; it is neither debatable nor amendable; and, because of the
importance of the matter, it should be considered mandatory; thus, no vote is
required,
17 Effect of Abstentions; action on '• ' • •, of • ..•
Abstentions. The following rules shall apply when a Commission Member abstai
from on
b. When the Commission r- o Leeal Oblivation to ` r i
` •
voting, When a Commission Member has no legal obligation to abstain from
• i n Member is prohibited • of
abstention i or • or or ci., vote.
•
TO: Planning and Zoning Commission
PREPARED BY: Tiffany Danhof, Administrative Assistant
SUBJECT: Minutes for the October 12, 2022, Regular Meeting.
Attachments
Draft Minutes for the October 12, 2022 Regular Meeting
DRAFT
PLANNING AND ZONING MINUTES
October 12, 2022
The Schertz Planning and Zoning Commission convened on October 12, 2022 at 6:00 p.m. at the Municipal
Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas.
Present: Glen Outlaw, Chairman; Richard Braud, Commissioner; Roderick Hector, Commissioner;
Judy Goldick, Commissioner; Tamara Brown, Commissioner; Patrick McMaster,
Commissioner
Absent: Ernie Evans, Vice Chairman; Gordon Rae, Commissioner; John Carbon, Commissioner
City Brian James, Assistant City Manager; Mesa Wood, Director of Planning & Community
Staff: Development; Emily Delgado, Planner Manager; Samuel Haas, Planner; Tiffany Danhof,
Administrative Assistant
CALL TO ORDER
Chairman Mr. Outlaw called the meeting to order at 6:00 P.M.
2. SEAT ALTERNATE TO ACT IF REQUIRED
Patrick McMaster was seated as the alternate Commissioner.
3. HEARING OF RESIDENTS
Residents who choose to watch the greeting via dive stream, but who ;mould like to participate in Hearing of Residents,
should email their comments to the Planning Division, at planning@sci7ertz.com by 5 :00p.m. on Tuesd ay, October 11,
2022, so that the Planning Division may read the public comments into the record under the hearing of residents, In the
body of the email please include your name, your address, phone number, agenda item number if applicable or subject of
discussion, and your comments.
This time is set aside for any person who wishes to address the Planning and Zoning Commission. Each person should fill
out the Speaker's register prior to the meeting. Presentations should be limited to no more than three (3) minutes.
Discussion by the Commission of any item not on the agenda shall be limited to statements of specific factual information
given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item
on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons
who have signed up to speak in the order they have registered.
Carlos Sanders 4507 Pecos Pt.
4. CONSENT AGENDA:
A. Minutes for the September 28, 2022 Regular Meeting.
Motioned by Commissioner Patrick McMaster to approve the consent agenda,
seconded by Commissioner Judy Goldick
Vote: 6 - 0 Passed
5. PUBLIC HEARING:
The Planning and Zoning Commission will hold a public hearing related to zone change requests and replats within this
agenda. The public hearing will be opened to receive a report from staff, the applicant, the adjoining property owners
affected by the applicant's request, and any other interested persons. Upon completion, the public hearing will be closed.
The Commission will discuss and consider the application, and may request additional information from staff or the
applicant, if required. After deliberation, the Commission is asked to consider and act upon the following requests and
make a recommendation to the City Council if necessary.
A. PLZC20220092 — Hold a public hearing, consider and make a recommendation on
a request to rezone approximately 31 acres of land from General Business District (GB)
to Single - Family Residential District (R -2), the property, a portion of Parcel ID 63998,
generally located approximately 1,000 feet to the northwest of the Eckhardt Road and
Green Valley Road intersection. City of Schertz, Guadalupe County, Texas.
Mr. Haas and the applicant provided a presentation.
Mr. Outlaw opened the public hearing at 6:11 P.M.
• Louis Dawkins- 536 Scarlet Ct., Canyon Lake
• Donna Sanders- 4507 Pecos Pt.
• Theresa Jeanne Ackermann- property owner
• Carlos Sanders- 4507 Pecos Pt.
Mr. Outlaw closed public hearing at 6:18 P.M.
There was a discussion on:
• Clarification on water standards and availability
• Property Taxes
• Retail sales businesses
• Road improvements
• Land use changes
Motioned by Commissioner Judy Goldick to recommend approval to the City Council,
seconded by Commissioner Tamara Brown
Vote: 6 - 0 Passed
6. ITEMS FOR INDIVIDUAL CONSIDERATION:
A. PLFP20220162 Consider and act upon a request for approval of a final plat of the
Graytown Subdivision, Unit 1A, an approximately 23 acre tract of land located
approximately 550 feet southwest of the intersection of Graytown Road and Boenig Road,
City of Schertz, Bexar County.
Mrs. Delgado provided a presentation.
There was a discussion on:
• Clarification on sidewalk and street improvement
• Roadway impact fees
Motioned by Commissioner Patrick McMaster to approve PLFP20220162 including
the sidewalk waiver, seconded by Commissioner Judy Goldick
Vote: 6 - 0 Passed
B. PLFP20220163 Consider and act upon a request for approval of a final plat of the
Graytown Subdivision, Unit 3A, an approximately 32 acre tract of land located on
Graytown Road, roughly 3,000 feet northwest of the intersection of Graytown Road and
1 -10, City of Schertz, Bexar County.
Mrs. Delgado provided a presentation.
Motioned by Commissioner Judy Goldick to approve PLFP20220163, seconded by
Commissioner Patrick McMaster
Vote: 6 - 0 Passed
C. PLPP20220168 Consider and act upon a request for approval of a preliminary plat of the
QT 4033 Subdivision, an approximately 7 acre tract of land, located northwest of the
intersection of IH 35 Access Road and Cibolo Valley Drive, City of Schertz, Guadalupe
County, Texas.
Mrs. Delgado provided a presentation.
There was a discussion on:
• Clarification on the tract of land
• Future development on the 2nd lot
• Clarification on Cibolo Valley extension
Motioned by Commissioner Judy Goldick to approve PLPP20220168, seconded by
Commissioner Roderick Hector
Vote: 6 - 0 Passed
D. PLDMP20220173 Consider and act upon a request for approval of a Master
Development Plan for the Heritage Oaks Subdivision, an approximately 67 acre tract of
land generally located southwest of the intersection between Schertz Parkway and
Wiederstein Road, City of Schertz, Guadalupe County, Texas.
Mrs. Delgado provided a presentation.
There was a discussion on:
• Clarification on Unit 1 & 2
• PPD/ Replat's
• Cul -De -sac section
• Emergency access lane
• Driveways
• Alleyways
Motioned by Commissioner Judy Goldick to approve PLDMP20220173, seconded by
Commissioner Patrick McMaster
Vote: 6 - 0 Passed
7. REQUESTS AND ANNOUNCEMENTS:
A. Requests by Commissioners to place items on a future Planning and Zoning Agenda
There were no requests by Commissioners.
B. Announcements by Commissioners
• City and community events attended and to be attended
• Continuing education events attended and to be attended
There were announcements by Commissioner Goldick.
C. Announcements by City Staff.
• City and community events attended and to be attended.
There were announcements by City Staff.
8. INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION
PACKETS- NO DISCUSSION TO OCCUR
A. Current Projects and City Council Status Update
9. ADJOURNMENT OF THE REGULAR MEETING
Chairman Mr. Outlaw adjourned the regular meeting at 7:26 P.M.
Chairman, Planning and Zoning Commission
Recording Secretary, City of Schertz
TO: Planning and Zoning Commission
PREPARED Emily Delgado, Planning Manager
BY.
CASE: PLPDD20220020
SUBJECT: PLPDD20220020- Hold a public hearing, consider and make a recommendation on a request to rezone approximately 75
acres of land from General Business District (GB) and Manufacturing District- Light (M -1) to Planned Development District
(PDD), generally located southeast of the intersection of 11135 and Cibolo Valley Drive, also known as Guadalupe County
Property Identification Numbers 68313, 68314, and 148510, City of Sehertz, Guadalupe County, Texas.
GENERAL INFORMATION:
Owner: San Antonio One, LTD Partnership
Applicant / Developer: Embrey, Omar Rivera
Engineer: Kimley -Horn
Representative: Ashley Farrimond
APPLICATION SUBMITTAL DATE:
Date Application Type
May 17, 2022 Zone Change to Planned Development District (PDD)
PUBLIC NOTICE:
Forty Four (44) public hearing notices were mailed to the surrounding property owners on October 14, 2022 with a
public hearing notice to be published in the "San. Antonio Express" prior to the City Council public hearing. At the
time of this report, staff has received no responses in favor, opposed or neutral to the request.
ITEM SUMMARY:
The applicant is proposing to rezone approximately 75 acres of land from General Business District (GB) and
Manufacturing District- Light (M -1) to Planned Development District (PDD). Currently, the property is
undeveloped / agricultural land. The proposed Planned Development District, titled "Sehertz Station ", is divided
into four (4) different areas to include Commercial, Retail, and Multi- Family.
I 1►11111. .Y ►`I y/L�LWIC
PROPOSED ZONING:
The applicant has requested to rezone approximately 75 acres to Planned Development District (PDD). According
to the Schertz Station PDD Design Standards, the 75 acres is proposed in four (4) unique areas each with their own
designations and standards.
Area I: The portion of the property along IH 35 and Cibolo Valley Drive, proposed to develop as Commercial /
Retail
• Area I is proposed with a base zoning of General Business (GB), and will allow all uses permitted in General
Business per the UDC along with "Auto Repairs & Service, Major" and "Retail Cabinet Sales ".
Area IL• The portion of the property located in the center of the 75 acres, immediately behind Area I, proposed to
develop as Commercial / Retail / Multi- Family
• Area II is proposed with a base zoning of General Business (GB) and Apartment / Multi - Family (R -4), and
will allow all uses permitted in General Business and Apartment / Multi - Family per the UDC, along with
"Commercial Amusement, Outdoor ".
Area III: South of Area II, proposed to develop as Multi- Family
• Area III is proposed with a base zoning of Apartment / Multi- Family (R -4), and will allow uses permitted
in Apartment / Multi- Family (R -4) per the UDC
Area IV: Immediately adjacent to the intersection of Cibolo Valley Drive and Old Wiederstein, proposed to develop
as Commercial / Retail
• Area IV is proposed with a base zoning of General Business (GB), and will allow all uses permitted in
General Business per the UDC
In addition to the four proposed areas, the Schertz Station PDD also indicates that the extension of Ripps Kruesler
through the project will be completed as a "Collector ".
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The Comprehensive Land Use Plan (CLUP) and Schertz Sector Plan Update, and more specifically as depicted on
the Future Land Use Plan Map identifies the subject property as three different land use designations: Highway
Commercial, Commercial Campus, and Single Family Residential.
Specifically the Highway Commercial designation is located at the corner of Cibolo Valley Drive and IH 35.
Highway Commercial is intended for regional scale retail and commercial uses that can take advantage of the
highway frontage. The Commercial Campus designation is located along the 11135 frontage and into the center of
the subject property. Commercial Campus is intended to encourage the development of lower intensity commercial
and office uses in addition to allowing for multi - family. The Single Family Residential designation is located
towards the southern portion of the subject property. Single Family Residential is intended for a mix of residential
uses (such as multi- family) along with limited commercial development to support the daily activities of the
development.
• Comprehensive Plan Goals and Objectives: The subject property as a whole has three Future Land Use
Designations, Highway Commercial, Commercial Campus, and Single Family Residential. These land use
designations are intended to allow for commercial, retail, and multi family which is what is being proposed
by the Schertz Station PDD. Based on the Schertz Station PDD providing for a mixture of multi - family,
commercial and retail the proposed development is in conformance with the goals and objectives of the
Comprehensive Plan.
• Impact of Infrastructure: The proposed Schertz Station PDD should have minimal impact on the existing and
planned water and wastewater systems in the area. If approved, the project would be required to go through
the standard development process which would include any public infrastructure improvements for water,
wastewater and roadways.
• Impact of Public Facilities /Services: The proposed rezoning request should have 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 adjacent to Cibolo
Valley Drive, IH 35, and Old Wiederstein Road. Additionally, in the area is the Cibolo Crossing
Development located across Cibolo Valley Drive from the subject property which is proposed to develop
with commercial, retail, and multi- family. The proposed Schertz Station zone change would be compatible
with the Cibolo Crossing Development in the City of Cibolo. Additionally, the subject property is adjacent to
the EVO Entertainment, movie theater. The proposed commercial and retail is directly compatible with this
existing business.
STAFF ANALYSIS AND RECOMMENDATION:
The Schertz Station Planned Development District is proposing to develop as commercial, retail, and multi - family
which has been described as desired at the intersection of Cibolo Valley Drive and IH 35. The proposed PDD will
maintain the commercial and retail components along the 11135 frontage as well as providing a commercial option
at the hard corner of Old Wiederstein and Cibolo Valley Drive. Additionally, the proposed Schertz Station will
incorporate multi- family as a buffer from the proposed commercial / retail to the adjacent SCUCISD owned
property and the residential across Old Wiederstein.
Based on the subject property's Comprehensive Land Use Designations and the conformance and compatibility with
the proposed Schertz Stations Planned Development District, along with the unique nature of the proposed
commercial, retail, and multi- family staff recommends approval of the Planned Development District zone change
request.
The finalized Schertz Station Planned Development District Design Standards will be available prior to the
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the
UDC.
COMMISSIONERS CRITERIA FOR CONSIDERATION:
The Planning and Zoning Commission is making a recommendation to City Council on the proposed zoning
application. In considering action on a zoning application, the Commission should consider the criteria within
UDC, Section, 21.5.4 D.
Attachments
Aerial Map
Public Hearing Notice Map
Zoning Exhibit
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APPROXIMATE
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AND
GRAPHIC SCALE IN FEET
0 100 200 400
LEGEND
PROPERTY BOUNDARY
EXISTING EDGE OF ASPHALT
0FiE EXISTING OVERHEAD ELECTRIC
ss EXISTING SANITARY LINE
,J EXISTING WATER LINE
GAS .. ............................... EXISTING GAS LINE
1� BENCHMARK
O PROPERTY CORNER
NOTES
1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, A
PORTION OF THE SITE IS LOCATE IN ZONE A AND IS LOCATED IN THE 100 -YR
FLOODPLAIN. THE REMAINING SITE IS LOCATED IN ZONE X AND IS NOT WITHIN THE
100 -YR FLOODPLAIN.
2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION
PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME
OF THE FINAL PLAT.
SITE DATA TABLE
EXISTING SIGN
z
EXISTING SANITARY SEWER MANHOLE
LEGAL DESCRIPTION
EXISTING WATER VALVE
I— oo
EXISTING FIRE HYDRANT
O
EXISTING CABLE PEDESTAL
CURRENT ZONING
EXISTING GUY WIRE
REQUESTED ZONING
EXISTING POWER POLE
NOTES
1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, A
PORTION OF THE SITE IS LOCATE IN ZONE A AND IS LOCATED IN THE 100 -YR
FLOODPLAIN. THE REMAINING SITE IS LOCATED IN ZONE X AND IS NOT WITHIN THE
100 -YR FLOODPLAIN.
2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION
PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME
OF THE FINAL PLAT.
SITE DATA TABLE
GENERAL SITE DATA
z
74.579 ACRES, J.F. WALKER SURVEY NO. 113,
LEGAL DESCRIPTION
ABSTRACT NO. 244, CITY OF SCHERTZ,
I— oo
GUADALUPE COUNTY, TEXAS
O
GENERAL BUSINESS (GB) & MANUFACTURING
CURRENT ZONING
(LIGHT) (M -1)
REQUESTED ZONING
PLANNED DEVELOPMENT DISTRICT (74.579 AC.)
PROPOSED LAND USE
COMMERCIAL /RETAIL AND MULTI- FAMILY
SITE ACREAGE
74.5790
� CSC
NEC OF IH -35 & CIBOLO VALLEY DR., CITY OF
ADDRESS
SCHERTZ, TX
KIMLEY —HORN
601 NW LOOP 410, STE 350
SAN ANTONIO, TEXAS 78216
PHONE. 210 - 541 -9166
CONTACT. JOHN GREGORY MOSIER, R.P.L.S
SAN ANTONIO ONE, LTD PARTNERSHIP
277 N LOOP 1604 E, STE. 150
SAN ANTONIO, TX, 78232
PHONE 313- 961 -6451
CONTACT. CHARLES FORBES
CIVIL ENGINEER
KIMLEY —HORN
601 NW LOOP 410, STE 350
SAN ANTONIO, TEXAS 78216
PHONE 210 - 541 -9166
CONTACT AARON PARENICA, P.E.
EMBREY
1020 NE LOOP 410, STE 700
SAN ANTONIO, TEXAS 78209
PHONE 210- 824 -6044
CONTACT: OMAR RIVERA
EMBREY: NEC IH -35 & CIBOLO VALLEY DR.
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TO: Planning and Zoning Commission
PREPARED Emily Delgado, Planning Manager
BY.
CASE: PLUDC20220135
SUBJECT: PLUDC20220135 Hold a public hearing, workshop and discussion, and possible action to make a recommendation on
amendments of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), to Article 5, Section 21.5.11 -
Specific Use Permit (SUP), Article 9, Section 21.9.7- Landscaping, and Article 10, Section 21.10.4- Schedule of off - street
parking requirements. Tabled at the September 28, 2022, Planning and Zoning Commission Meeting
GENERAL INFORMATION:
As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the
recommendation of City staff amend, change, or modify text in any portion of the UDC to establish and maintain
stable and desirable development. It is generally considered good practice to periodically review and update the
development regulations due to changing conditions, community goals, and/or State and Federal regulations.
The proposed UDC amendments include modifications to the following Articles and Subsections:
• Article 5, Section 21.5.11- Specific Use Permit (SUP); to remove the requirement for an accompanying Site
Plan application
• Article 9, Section 21.9.7- Landscaping; to modify the regulations for landscaping for commercial and
multi - family development to allow developers to be able to select two of the approximately 11 requirements
they do not have to meet.
• Article 10, Section 21.10.4- Schedule of off - street parking requirements; to modify the parking ratio
requirement for Multifamily, Duplex, Two - Family, Condominium Or Other Similar Use
Background: At the August 24, 2022, Planning and Zoning Commission Meeting staff requested that the
Commission postpone the item to the next Planning and Zoning Commission Meeting. At the September 14, 2022
Planning and Zoning Commission meeting there was a public hearing and discussion on the proposed UDC
amendments. At the end of the discussion the Planning and Zoning Commissioners requested to take no action, and
for staff to bring this item back as a workshop / discusssion at the next meeting.
PROPOSED AMENDMENTS
Staff is proposing modifications to the following UDC Articles and Sections:
UDC Section Current Requirements
Article 5, Section 21.5.11
Accompanying Applications. An application for a
Specific Use Permit (SUP);
Specific Use Permit shall be accompanied by a
specifically subsection B.2:
Site Plan prepared in accordance with section
21.1.2.14. Approval of a Site Plan as part of a
Specific Use Permit shall meet the requirements
for Site Plan approval under section 21.12.14.
Article 5, Section 21.5.11
proposed use and associated ted Site Plan promote
Specific Use Permit (SUP);
the health, safety or general welfare of the City and
specifically subsection DX
the safe, orderly, efficient and healthful
development of the City;
Proposed Amendment
Proposing to remove this
subsection in its entirety and
no longer require a site plan
application for a Specific
Use Pen-nit application.
The proposed use is to
promote the health, safety or
general welfare of the City
and the safe, orderly,
efficient and healthful
development of the City;
Article 9, Section 21.9.7 Currently commercial and multifamily projects This amendment allows
Landscaping
have approximately 11 requirements for
developers to select two of
landscaping that have to be met (excluding size
those provisions they do not
and species requirements).
have to meet.
Article 10, Section 21.10.4
1.5 spaces per 1 bedroom unit
1.5 spaces for 1 -2 bedroom
Schedule of off - street parking
2 spaces per 2 bedroom unit
units
requirements; specifically for
2.5 spaces per 3+ bedroom unit
2 spaces for 3+ bedroom
"Multifamily, Duplex,
Plus additional guest parking provided at a ratio of
' units
Two- Family, Condominium
5% of required spaces
Plus additional guest
Or Other Similar Use"
parking provided at a ratio
of 5% of required spaces
STAFF ANALYSIS AND RECOMMENDATION:
Staff is proposing to remove the requirement for an applicant to submit a Site Plan application with a Specific Use
Permit due to the time and cost investment for the applicant this requirement causes. By removing the Site Plan
application requirement it will allow a property owner the ability to submit for a Specific Use Permit to see if their
desired land use would be allowed by City Council without having to go through full design and engineering at
risk. If the Specific Use Permit were to be approved by City Council, the applicant would then be required to follow
the standard development process to include the Site Plan to ensure compliance with all City regulations.
It is not uncommon for specific site constraints to make it difficult for developers to meet every landscaping
requirement for commercial and multi - family sites. This might be due to a significant number of easements across
the front of the property or an oddly shaped lot making it difficult to provide all of the trees or operational issues
making landscaping islands a problem. This change allows developers to select two of the approximately 11
requirements (exclusive of size and species requirements) that they do not have to be met. This is part of a push to
provide greater flexibility.
The last proposal included within this UDC Amendment is to modify the current parking ratio for "Multifamily,
Duplex, Two - Family, Condominium or Other Similar Use ". The proposed UDC text would decrease the
requirements for 2 bedroom and 3+ bedroom units. This proposal is to provide more flexibility for developers and
to decrease the overall parking areas that would be required. No other modifications to the Schedule of Off. - Street
Parking Requirements table are proposed at this time.
Staff recommends approval of the amendments to the Unified Development Code (UDC) for the indicated
subsections within Article 5, 9, and 10 as presented.
COMMISSIONERS CRITERIA FOR CONSIDERATION:
The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified
Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the
criteria within UDC, Section 21.4.7 D:
1. The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly,
efficient and healthful development of the City;
2. An amendment to the text is consistent with other policies of this UDC and the City;
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
4. Other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are
deemed relevant and important in the consideration of the amendment.
Attachments
Proposed UDC Amendment - Article 5 Section 21.5.11 SUP- Red Lines
Proposed UDC Amendment- Article 10 Section 21.10.4 Parking Ratio- Red Lines
Proposed UDC Amendment -- Article S Section 21.5.11 SUP- Red tines
Sec. 21.5.11. Specific Use Permit (SUP).
A. Applicability. Specific Use Permits allow for discretionary City Council approval of uses with unique or widely varying
operating characteristics or unusual site development features, subject to the terms and conditions set forth in this
UDC. These uses and the districts where they may be located are listed in Table 21.5.8. Certain uses located within the
AICUZ zone require an SUP. Approval of a Specific Use Permit authorizes a property owner to submit subsequent
development applications consistent with the approved sup.
B. Application Requirements.
1. Application Required. Any request for a Specific Use Permit (SUP) shall be accompanied by an application and
SUP exhibit prepared in accordance with the Development Manual.
aced
ffi
3 2. Tax Certificate Required. All applications made as a request for a Specific Use Permit shall be accompanied by a
copy of a Tax Certificate.
C. Processing of Application and Decision.
Submittal. An application for a Specific Use Permit shall be submitted to the City Manager or his /her designee.
The City Manager or his /her designee shall review the application for completeness in accordance with section
21.4.2. The City Manager or his /her designee may, at its option, request a recommendation from any other
City Department or consultant. The City Manager or his /her designee shall notify the applicant of items
requiring correction or attention before providing a recommendation on the application. After appropriate
review, the City Manager or his /her designee shall forward a written recommendation to the Planning and
Zoning Commission for consideration.
2. Notification requirements. An application for a Specific Use Permit requires the following notification in
accordance with section 21.4.3:
(Sapp. No. 5)
a. Written notice prior to consideration by the Planning and Zoning Commission; and
b. Published notice prior to consideration by the City Council.
Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance
with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a
proposed Specific Use Permit to the City Council. The Planning and Zoning Commission may recommend
approval, approval with conditions, or denial of the SUP. The Planning and Zoning Commission may, on its own
motion or by request of the property owner, postpone consideration of the request to a certain date that is
not more than thirty (30) calendar days after the date of the current consideration in order to review
additional information or modifications which may have a direct bearing on the recommendation to the City
Council.
Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning
Commission regarding a proposed Specific Use Permit and shall hold a public hearing in accordance with the
Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions,
or deny the SUP. The City Council may, on its own motion or by request of the property owner, postpone
consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of
the current consideration in order to review additional information or modifications which may have a direct
bearing on the final decision.
Page 1 of 3
Created: 2021 -11 -05 10:19:08 [EST]
Proposed UDC Amendment -- Article 5 Section 21.5.11 SUP- Red tines
D. Criteria forApprovat. The Planning and Zoning Commission, in making its recommendation, and the City Council, in
considering final action on a Specific Use Permit, should consider the following criteria:
1. The proposed use at the specified location is consistent with the policies embodied in the adopted
Comprehensive Land Plan;
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district
regulations;
3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and
neighborhoods, and includes improvements either on -site or within the public rights -of -way to mitigate
development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other
similar adverse effects to adjacent development and neighborhoods;
4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with
the existing and anticipated traffic in the neighborhood;
5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access
restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development
generated traffic on neighborhood streets;
6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed
use on adjacent properties;
7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards
have been requested, that such variations are necessary to render the use compatible with adjoining
development and the neighborhood;
8. The proposed use d °° 5; P �promote the health, safety or general welfare of the City and the
safe, orderly, efficient and healthful development of the City;
9. No application made under these provisions will receive final approval until all back taxes owed to the City
have been paid in full; and
10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed
relevant and important in the consideration of the Specific Use Permit.
E. Conditions. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering
final action, may require such modifications in the proposed use and attach such conditions to the Specific Use Permit
as deemed necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this
section. Conditions and modifications may include but are not limited to limitation of building size or height, increased
open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional landscaping,
curbing, sidewalk, vehicular access and parking improvements, placement or orientation of buildings and entryways,
buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas,
duration of the permit and hours of operation.
F. Expiration of Specific Use Permit. A Specific Use Permit shall expire if any of the following occurs:
1. A building permit, if necessary, for the use has not been approved within one (1) year after the approval of the
SUP;
2. A building permit approved as a result of the approval of the SUP expires within two (2) years after the
approval of the SUP;
3. The use has been abandoned or discontinued for a period of time exceeding six (6) months; or
4. The SUP expires in accordance with its terms.
(Sapp. No. 5)
Page 2 of 3
Created: 2021 -11 -05 10:19:08 [EST]
Proposed UDC Amendment- ArUcle 5 Section 21.5.11 SUP- Red Lines
(Ord. No. 18-S-04, § I(Exh. A), 1-23-2018)
(Supp. No. 5)
Page 3 of 3
Created: 2021-11-05 10:19:08 [EST]
Proposed UDC end ent- Article 10 Section 21.10.4 Parking Ratio- Red Lines
Sec. 21.10.4. Schedule of off - street parking requirements.
A. Off - street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses
specified in the districts designated:
Table 21.10.4 Schedule of Off - Street Parking Requirements
Use Type
Parking Requirement
Amusement, Commercial (Indoor)
1 space for each 200 square feet of gross floor area
Amusement, Commercial (Outdoor)
1 space per 500 square feet of outdoor site area plus 1
space per each 4 fixed spectator seats
Assisted Care, Living Facility, Care Facility
1 parking space for each 2 beds
Bank, Savings And Loan, Or Other Financial Institution
1 space for each 250 square feet of gross floor area
Bar Or Night Club
1 space for each 50 square feet of gross floor area
Bed And Breakfast
1 space for each guest room plus 1 space per
employee
Bowling Alley
5 parking spaces for each lane
Car Wash
1 space for each 200 Square feet of floor area
Day Care Center
1 space per 250 square feet of gross floor area
Fitness Center /Gym
1 space for each 250 square feet of gross floor area
Convenience Store /Gas Station
1 space for each 250 square feet of gross floor area.
Spaces provided for fueling at the pump stations shall
not be considered parking spaces.
Group Home
4 spaces
Hospital
1 parking space for each bed
Hotel Or Motel
1 space for each sleeping room or suite plus 1 space
for every 200 square feet of common area not
designated as sleeping rooms
Lodging Houses And Boarding Houses
1 parking space for each bedroom
Manufacturing, Processing Or Repairing
1 space for each 2 employees or 1 space for each
1,000 square feet of total floor area, whichever is
greater
Medical Or Dental Clinic
1 space for each 200 square feet of total floor area
Mini - warehouse /Public Storage
1 space for each 300 square feet of office floor area
plus 1 space for each 3,000 square feet of storage area
Mortuary /Funeral Home
1 parking space for each 50 square feet of floor space
in service rooms or 1 space for each 3 seats,
whichever is less based on maximum design capacity)
Multifamily, Duplex, Two - Family, Condominium Or
,S-Ypa s- 4 d;� ofn- Ltnit-
Other Similar Use
5 ; m _z e _r i -
1.5 spaces for 1 -2 bedroom units
2 spaces for 3u- bedroom :units
Plus additional guest parking provided at a ratio of 5;
of required spaces
(Sapp. No. 5)
Page 1 of 3
Created: 2021 -11 -05 10:19:10 [EST]
Proposed UDC Amendment- Article 10 Section 21.10a4 Parking Ratio- Red tiros
Nursery
1 space per 300 square feet of total sales area
Wholesale nursery: 1 parking space per employee of
the largest work shift, plus 1 space per 10,000 square
feet of display area and 1 space per acre of growing
areas
Offices
1 space for each 250 square feet of gross floor area
Outdoor Facilities (Outdoor Recreational Fields i.e.
20 spaces per designated field or 1 per 4 person
Football, Soccer, etc.)
design capacity
Public Use
Parking shall be provided at a ratio approved by City
staff based on a parking study provided by the
applicant
Residence Halls, Fraternity Buildings And Sorority
1 space per person capacity of permanent sleeping
Buildings
facilities
Restaurants
1 parking space for each 100 square feet of gross floor
area, or 1 space for each 4 seats, whichever is less
(based on maximum design capacity)
Retail Sales And Service
1 space for each 250 square feet of gross floor area
School, High School, Vocational, All Other Schools
Parking shall be provided at a ratio approved by City
staff based on a parking study provided by the
applicant that shall include vehicle stacking
requirements
Single Family Attached And Detached Dwelling Units
2 parking spaces per dwelling unit
Theaters, Auditoriums, Churches, Assembly Halls,
1 space for each 4 seats or 1 space for every 100
Sports Arenas, Stadiums, Conference Center,
square feet of gross floor area, whichever is less
Convention Center, Dance Hall, Exhibition Halls, Or
(based on maximum design capacity)
Other Place Of Public Assembly
Automobile Sales Or Rental
1 space for each 3,000 square feet of sales area (open
and enclosed) devoted to the sale, display or rental of
vehicles
Automobile Service, Repair, Garage
1 space for each 200 square feet of total floor area
Warehouse
1 space for each 1,000 square feet of total floor area
B. New and Unlisted Uses. When a proposed land use is not classified in this section or a single use which have varying
parking needs depending on the function of that specific single use, an applicant may submit a parking ratio based on
best /current planning and transportation practices.
1. A best /current parking ratio application should include the following:
a. An application shall fully cite the sources used to derive the applicant- submitted parking ratio, possible
resources include parking standards material from the Institute of Transportation Engineers (ITE) or the
American Planning Association (APA).
b. The City Manager or his /her designee shall review the applicant submitted parking ratio to confirm
best /current planning practices for a use.
c. The City Manager or his /her designee shall approve, modify, or deny the applicant submitted parking
ratio.
2. Parking ratio determination where no application is submitted
(Supp. No. 5)
Page 2 of 3
Created: 2021 -11 -05 10:19:10 [EST]
Proposed UDC Amendment- Article 10 Section 21.10a4 Parking Ratio- Red Lines
a. If the applicant does not submit a parking ratio, then the City Manager or his /her designee shall
determine the parking ratio based on the best /current planning and transportation practices.
C. Mixed uses. In the event that several users occupy a single structure, or parcels of land, the total requirements for off
street parking shall be the sum of the requirements for the several uses computed separately unless it can be shown
that the peak parking demands are offset, for example with retail and residential, or theater and office uses. In such
case the City Manager or his /her designee may reduce the total requirements accordingly, but not more than twenty -
five percent (25 %).
D. Joint use of facilities. Required parking facilities of two (2) or more uses, structures, or parcels of land may be satisfied
by the same parking facility used jointly, to the extent that it can be shown by the owners or operators that the need
for the facilities does not materially overlap and provided that such right of joint use is evidenced by a deed, lease,
contract, or similar written instrument establishing the joint use.
E. Properties zoned main street mixed -use. Properties zoned Main Street Mixed -Use shall only be required to provide
two (2) on -site parking spaces but must still provide the minimum required number of handicapped spaces on site.
(Ord. No. 14-S-47, § 5, 11 -18 -2014; Ord. No. 16-S-27, § 7, 8 -30 -2016; Ord. No. 18 -5 -03 , § 1(Exh. A), 1 -23 -2018)
(Sapp. No. 5)
Page 3 of 3
Created: 2021 -11 -05 10:19:10 [EST]
•
SUBJECT
Current Projects and City Council Status Update
DEVELOPMENT INFORMATION
The following is being provided for information purposes only so that the Planning and Zoning Commission is
aware of the current status of new site plan applications, status of applications heard by the Commission and
recommended for final action by the City Council, and the status of administratively approved applications.
NEW SITE PLAN APPLICATIONS:
• There were no new site plan applications
submitted to the Planning and Community Development Department between October 8, 2022 and October
18, 2022.
CITY COUNCIL RESULTS: The following development applications were
recommended for final action to the City Council:
• Ord. 22 -S -36: A request to rezone approximately 20 acres of land to Planned Development District of the
existing Homestead Subdivision.
• Recommended for approval at the August 24th P &Z Meeting (6 -0 vote)
• First Reading at the September 27th City Council Meeting (6 -0 vote)
• Final Reading at the October 11th City Council Meeting (6 -0 vote) Approved
• Ord. 22 -S -41: A request to rezone approximately 15 acres of land to Planned Development District located
approximately 2,200 feet southeast of the intersection of Lower Seguin Road and FM 1518
• Recommended for approval at the September 14th P &Z Meeting (6 -0 vote)
• First Reading at the October 11th City Council Meeting (4 -1 vote)
• Scheduled for final reading at the October 25th City Council Meeting
• Ord. 22 -S -42: A request to rezone approximately 31 acres of land from General Business District (GB) to
Single - Family Residential District (R -2), the property, a portion of Parcel ID 63998, generally located
approximately 1,000 feet to the northwest of the Eckhardt Road and Green Valley Road intersection.
• Recommended for approval at the October 12th P &Z Meeting (6 -0 vote)
• Scheduled for First Reading at the December 6th City Council. Meeting
ADMINISTRATIVELY APPROVED PROJECTS:
• There were no development applications administratively approved between October 8, 2022 and October 18,
2022.