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  19.       
City Council Regular Meeting
Meeting Date: 09/24/2019  

BACKGROUND
The applicant is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 8.5 acres of land, more specifically described as the northwest corner of the intersection between IH-35 and Schwab Road, City of Schertz, Comal County, Texas. The subject property is currently undeveloped, vacant land. The proposed development includes an approximately 7,300 square foot convenience store with seventeen (17) total gas pumps under two (2) separate canopies. 

The public hearing notice was published in the San Antonio Express on September 4, 2019. Four (4) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on August 30, 2019 in preparation for the Planning & Zoning Commission meeting that took place on September 11, 2019. At the time of this report, Staff has received one response in favor of the Specific Use Permit.

The following project representatives spoke at the September 11, 2019 Planning & Zoning Commission Public Hearing:
  • JD Dudley, QuikTrip Corporation, Real Estate Project Manager 
GOAL
The proposed Specific Use Permit is to allow for a convenience store with gas pumps on approximately 8.5 acres of land, located at the northwest corner of the intersection between IH-35 and Schwab Road.
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
Impact on Adjacent Development:
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 currently undeveloped, the parcel of land to the east of the subject property and Schwab Road is zoned General Business District (GB) and is currently 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 currently 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 entertainment 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. 

Conceptual Site 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-two (62) 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 meets all requirements outlined in UDC Sec. 21.9.7. The applicant is proposing to install 94 total trees, including 36 Live Oak, 34 Texas Ash, and 24 Texas Redbud.

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 (1) 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).

Due to the limited adverse impact on adjacent development and the compatibility between the proposed land use and the Comprehensive Land Use Plan, Staff recommends approval of the Specific Use Permit to allow a convenience store with gas pumps at the subject property with the below outlined conditions. 

Conditions of the Requested Specific Use Permit:
The proposed convenience store with gas pumps land use will be subject to provisions of the Unified Development Code (Ordinance 11-S-15, as amended). 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 Planning & Zoning Commission conducted the public hearing on September 11, 2019 and offered a recommendation of approval by a 7-0 vote. Staff is also recommending approval of the Specific Use Permit to allow a convenience store with gas pumps at the subject property with the above outlined conditions.

 
Attachments
Ordinance 19-S-25
Ordinance 19-S-25 Exhibit A
Aerial Map
Public Hearing Notice Map
Citizen Response

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