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  10.       
City Council Regular Meeting
Meeting Date: 07/09/2019  

BACKGROUND
The proposed Mark Roberts Subdivision IV Lot 1, Block 1 is a 1.5 acre tract of land that is currently undeveloped, and the applicant is proposing to utilize this portion of the property as an automotive repair commercial business by requesting this Specific Use Permit. The remainder of the approximately 3 acre tract of land, the proposed Mark Roberts Subdivision IV Lot 2, Block 1, is already developed as a retail commercial business. The entire 3 acre property is currently zoned General Business District (GB).

The public hearing notice was published in the San Antonio Express News on June 19, 2019. Twenty-five (25) public heating notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on May 31, 2019 in preparation of the Planning & Zoning Commission meeting that took place on June 12, 2019. At the time of this report, Staff has received one response neutral to, one response in favor of, and five responses opposed to the project. The residents in opposition of the project have cited concerns regarding potential noise, increased traffic, and reduction of the natural green space surrounding their properties due to this development.

The following representatives were in attendance at the June 12, 2019 Planing and Zoning Commission Public Hearing:
  • Mark Roberts, Roberts Properties, Inc., Applicant
GOAL
The proposed Specific Use Permit is to allow an Automobile Repair, Major land use on approximately 1.5 acres of land, located at 5702 FM 1103.
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 Schertz Comprehensive Land Use Plan, via the Future Land Use Map, identifies this area as single-family residential. This  land use designation is intended to have a mix of residential uses, as well as limited commercial development that would support the daily activities of the adjacent residential areas. An automotive repair major land use would be classified as a commercial business that would help serve the surrounding residential neighborhoods, and therefore the proposed Automotive Repair, Major land use is in general conformance with the Comprehensive Plan.

The proposed Automotive Repair, Major land use is also conformance with the existing conditions of the area due to the subject property's access to a principal arterial roadway and the commercial zoning designation of the adjacent properties. The subject property is currently surrounded by a retail commercial business, a principal arterial roadway, and a vacant single-family residence. Even though there are single-family residential neighborhoods in the surrounding areas, all the properties directly adjacent to the subject property are zoned General Business District (GB). The subject property is also located on FM 1103, which is classified as a principal arterial roadway by the Schertz Master Thoroughfare Plan (MTP). Principal arterial roadways provide the predominant passageways through the urbanized portions of the community and connect to the regional freeway network; the primary function of the principal arterial roadways is throughput, rather than individual access, and they are built to accommodate higher volumes and levels of mobility. The subject property's access onto a principal arterial roadway is germane to the development of the site, because principal arterials are not designed to provide direct, individual access to single-family residences; the subject property's proximity to a principal arterial indicates that the development of the property as a commercial business is appropriate.

Due to the subject property's location on a principal arterial roadway designated for high traffic, and the commercial zoning classification of all adjacent properties, the proposed Specific Use Permit to allow an Automotive Repair, Major land use would not have a major adverse impact on the adjacent development. 

Conceptual Site Plan:
The applicant is proposing to construct an approximately 9,000 square foot building to utilize as an automobile repair commercial business on the approximately 1.5 acre tract of land. 
  • Architectural Standards: Schertz Unified Development Code (UDC) Sec. 21.9.5 Exterior Construction and Design Standards requires all non-residential buildings to comply with the exterior building material requirements, glazing requirements, and architectural feature requirements. The proposed automotive repair commercial business elevations meet all of these regulations; the building will be constructed with a combination of stone, stucco, and tile that consists of at least 80% of each façade excluding doors and windows, the eastern façade will include at least 30% glass doors and windows, and the building also complies with the minimum required horizontal and vertical articulations.
  • Parking: The proposed parking areas meet all current regulations within UDC Article 10 Parking Standards. The site will provide forty-three (43) parking spaces sized ten feet (10’) x twenty feet (20’), of which two (2) will be designated as handicapped parking only.  
  • Screening requirements: The site has satisfied the minimum screening requirements for the location of the subject property, including vehicular use area screening and trash receptacle screening. The masonry wall required for commercial properties adjacent to residential properties is not applicable along the southern border of the property because the adjacent property is no longer a single-family residence. The adjacent property is zoned General Business District (GB), which resulted in the single-family residence as a legal, nonconforming land use; however, the residence has been vacant for longer than six months. According to UDC Article 7, Nonconforming Uses, Lots, and Structures, a nonconforming use or structure shall be deemed abandoned if the use ceases to operate or the structure remains vacant for a continuous period of 180 calendar days. The adjacent property no longer has the ability to legally remain a single-family residence, therefore the screening requirement for commercial properties adjacent to residential properties does not apply in this specific case. 
  • Lighting and glare standards: The applicant will be responsible for complying with UDC Sec. 21.9.11 Lighting and Glare Standards at the time of building permits. 
  • Landscaping: The proposed site plan meets all requirements outlined in UDC Sec. 21.9.7 Landscaping. The proposed total landscaped area on the subject property is 39% and the applicant is proposing to plant 18 total trees, which meets the minimum requirements outlined in UDC Sec. 21.9.7.E Landscape Installation Required. The submitted tree preservation and mitigation plan shows that the applicant meets all requirements outlined in UDC Sec. 21.9.9.C.3 Minimum Preservation. The applicant is proposing to plant seven (7) trees along FM 1103, which complies with the requirement of 1 tree planted per twenty linear feet (20’) of street frontage along principal and secondary arterials, outlined in UDC Sec. 21.14.3 Additional Design Requirements. The applicant will also fully comply with UDC Sec. 21.9.7.H Parking Area Landscaping by planting one tree every twelve (12) parking spaces and at the terminus of all rows of parking.
  • Access and circulation: The site will be provided access through an existing driveway on FM 1103. A variable width ingress/egress easement will be established via platting so that both lots in the proposed Mark Roberts Subdivision IV will have access to the shared driveway.

Conditions of the Requested Specific Use Permit:
The proposed Automotive Repair, Major 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); and
  3. The Texas Department of Transportation (TxDOT) approves the Storm Water Management Plan.

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.
FISCAL IMPACT
None
RECOMMENDATION
The Planning and Zoning Commission conducted a public hearing on June 12, 2019 and offered a recommendation of approval by unanimous vote. Due to the subject property's location on a principal arterial roadway designated for high traffic, and the commercial zoning classification of all adjacent properties, the proposed Specific Use Permit to allow an Automotive Repair, Major land use would not have a major adverse impact on the adjacent development. Therefore, Staff recommends approval of the requested Specific Use Permit to allow an Automotive Repair, Major land use with the above outlined conditions. 
Attachments
Ordinance 19-S-15
Ordinance 19-S-15 Exhibit A
Aerial Map
Public Hearing Notice Map
Citizen Responses
SUP Exhibit
Site Plan Exhibit

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