The property is zoned for R-1A-6.6, which only allows for single-family dwellings, and the owners are seeking a rezoning to R-2A, which allows for single-family and two-family residences.
Christopher Looney, planning and development services director for the city, said during the meeting the property was mistakenly rezoned from R-2A to R-1A-6.6 in 2007 following a clerical error on the part of the city.
In the early 2000s, city officials worked to rezone many properties throughout the city to better align with their uses, Looney said.
The city planned to rezone 46 Guada Coma Drive and surrounding properties to R-1A-6.6, but each individual property owner was given the option to maintain the zoning of R-2A, Looney said. The owners of the property elected to maintain the zoning but a mistake on the part of the city did not honor that decision.
“When this was discovered most recently this year, staff looked at this and thought that there might have been a way to just correct the map,” Looney said. “But because the map was attached to the ordinance that was signed ... we discovered that we actually needed to go through this entire rezoning process simply to correct this error that was made in the year 2007.”
Property owners Kaia and Gordon Schroeder planned to build an accessory dwelling unit on their property to use as a mother-in-law suite before the mistake was discovered.
The couple’s plans include a full kitchen in the unit, which is not permitted in R-1A-6.6 zones.
Due to the nature of the error, the city applied for the rezoning on the part of the Schroeders, waived associated fees and mailed notices to property owners within 200 feet of the property.
Of the 13 owners who received a notice, four responded in opposition to the rezoning.
Several neighboring homeowners spoke against the rezoning and voiced concerns that a duplex would be built on the property or that it would be used as a short-term rental.
The Schroeders stated they have no plans to build a duplex, and short-term rentals are not allowed in either R-1A-6.6 or R-2A zones, Looney said.
Because 20% of property owners objected to the change, the reading would have required a super-majority vote from City Council to move forward to the second reading.
“The chances of a super-majority passing, historically, have been zero,” said Council Member Justin Meadows during the meeting.
City Council elected to postpone the reading indefinitely while the Schroeders work with the city to determine if they will continue to pursue the R-2A zoning or apply for a special use permit.
“We were just asking for the correction to be made,” Gordon Schroeder said. “It frustrates me that through a clerical error we are having to go through all this hoopla.”
Two more rezonings move forward
During the June 28 council meeting, council members approved the rezoning of approximately 60 acres located east of the intersection of FM 1044 and Michelson Lane from Agricultural/Re-Development to Zero Lot Line Home District.
The property owners plan to build at least 280 single-family homes, said Thor Thornhill, president and CEO of HMT Engineering and representative of the project.
Residents along Michelson Lane voiced concerns that the private road could be used as an emergency access point to the neighborhood.
Thornhill said that the developer, who is one of the owners of Michelson Lane, plans to include an emergency access point connected to the adjacent Voss Farms neighborhood, not Michelson Lane.
Additionally, a large collector road will likely be installed through the new neighborhood to accommodate traffic and emergency vehicles.
A Type 2 Special Use Permit was also approved for a proposed 29-acre RV resort located to the west of Walnut Avenue during the meeting.
The project was previously approved for a Type 1 SUP before the developer conducted further property studies and finalized a site plan.
Included in the site plan are development standards the project must follow including the installation of a six-foot masonry wall around a portion of the property. The project will also include up to 180 pad sites, will not allow for stays longer than six months and the primary entrance will connect to Walnut Avenue.
Additionally, the developer will construct a trail that will eventually connect to the Dry Comal Creek Hike and Bike Trail.