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  3.       
City Council Regular Meeting
Meeting Date: 08/24/2021  

BACKGROUND
A Specific Use Permit for a convenience store with gas pumps was previously recommended for approval by the Planning and Zoning Commission on September 11, 2019 and was approved with conditions by City Council on October 22, 2019. This SUP expired on October 22, 2020 per the original condition that a building permit be approved within one year of the adoption of the ordinance.

A preliminary plat for the approximately 16.037 acre parent tract was approved by the Planning and Zoning Commission on June 10, 2020, and the applicant is currently in the last stages of the final plat certification process and building permit review process. Since the approved specific use permit expired on October 22, 2020, the applicant is requesting approval of a new SUP application in order to proceed forward with the desired convenience store with gas pumps. The proposed Specific Use Permit application and site plan are consistent with what was previously approved by the City Council in October of 2019.

The public hearing notice was published in the "San Antonio Express" on July 21, 2021.  Five (5) public hearing notices were mailed to the surrounding property owners within two hundred (200) feet of the subject property on July 2, 2021 in preparation for the Planning and Zoning Commission meeting that took place on July 14, 2021.  The Planning and Zoning Commission met on July 14, 2021 and made a recommendation of approval.  At the time of this staff report, Staff has received zero (0) responses in favor or opposed. 
GOAL
To allow a convenience store with gas pumps on approximately 8.5 acres of land.
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
The subject property is currently surrounded by the remainder of the sixteen (16) total acre undeveloped parcel of land and the Rights-Of-Way for three (3) separate public roads: Interstate Highway 35 (IH-35), Schwab Road, and Baugh Lane. The parcel of land to the west of the subject property is zoned General Business District (GB) and is undeveloped, the parcel of land to the east of the subject property and Schwab Road is zoned General Business District (GB) and is undeveloped, and the parcel of land to the north of the subject property and Baugh Lane is zoned Manufacturing Light District (M-1) and is developed with a national food service distributor (Sysco). Given that the proposed convenience store would be surrounded by three roadways, and the adjacent properties are zoned General Business District (GB) and Manufacturing Light District (M-1), the proposed Specific Use Permit would not have an additional adverse impact on the currently adjacent development.The Comprehensive Land Use Plan, through the North Schertz Sector Plan, identifies this area as Highway Commercial. The Highway Commercial land use is intended for regional scale retail and commercial uses that can take advantage of the highway frontage, with a land use mix of mostly large format retail with restaurants and entertainments uses or mid-rise office buildings. The Highway Commercial future land use areas are specifically located along major intersections on IH-35 in order to maximize access to the region and provide accessible services to planned neighborhoods in the area. A convenience store with gas pumps fits the retail land use desired in Highway Commercial designated areas, and is also a business that can take advantage of its proximity to IH-35; a highway-oriented business is dependent upon both a large flow of traffic and convenient access, and is typically a business that caters to the traveling public. The proposed convenience store with gas pumps is compatible with the Highway Commercial land use designation, and therefore the proposed SUP is generally in conformance with the Comprehensive Land Use Plan, through the North Schertz Sector Plan.

The applicant is proposing to construct an approximately 7,300 square foot convenience store with seventeen (17) gas pumps on the approximately 8.5 acre tract of land.

Architectural Standards: Schertz Unified Development Code (UDC) Sec. 21.9.5 requires all non-residential buildings to comply with the architectural feature requirements; the proposed convenience store complies with the minimum required horizontal and vertical articulations.

Parking: The proposed parking areas meet all current regulations within UDC Article 10; the site will provide sixty-three (63) parking spaces sized 10' x 20' and twelve (12) truck parking spaces sized 14' x 55'.

Screening requirements: The site has satisfied the minimum screening requirements for the location. The trash receptacle will be constructed of a masonry material with metal gates that meet the minimum requirements.

Landscaping: The proposed site plan will meet all requirements outlined in UDC Sec. 21.9.7. The applicant is proposing to install 89 total shade trees, including 25 Live Oak, 31 Texas Ash, 7 Fragrant Ash, and 26 Texas Redbud,  all of which are proposed to be 3" caliper DBH.  

Access and circulation: Access to the site is proposed to be through five (5) new driveways: two (2) right-in/right-out driveways on the IH-35 frontage road, one (1) full movement driveway on Baugh Lane, one (1) full movement driveway on Schwab Road, and one right-in/right-out driveway on Schwab Road. A 25’ fire lane is being proposed on all sides of the convenience store to allow for emergency vehicle access. The associated Site Plan and Traffic Impact Analysis Study have been reviewed and approved by both the City of Schertz Engineering Department and the Texas Department of Transportation (TxDOT).

Conditions of the Request Specific Use Permit:
The proposed convenience store with gas pumps land use will be subject to provisions of the Unified Development Code, UDC Section 21.5.11.E.   Additionally, the Specific Use Permit will be conditioned upon the following occurring:
  • 1. A building permit is approved within one year of the adoption of the SUP ordinance; and
  • 2. The use begins operation within two years of the issuance of the necessary building permit(s).

 
FISCAL IMPACT
None
RECOMMENDATION
A Specific Use Permit allows 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.  Approval of a specific use permit authorizes a property owner to submit subsequent development applications consistent with the approved Specific Use Permit.

The proposed Specific Use Permit application and site plan are consistent with what was previously approved by the City Council in October of 2019.

The Planning and Zoning Commission conducted a public hearing on July 14, 2021 and offered a recommendation of approval by unanimous vote. 

Staff is also recommending approval of the Specific Use Permit to allow a convenience store with gas pumps at the subject proeprty with the above mentioned outlined conditions. 
 
Attachments
Ordinance 21-S-31
Ordinance 21-S-31 Exhibit A
Aerial Map
Public Hearing Notice Map

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