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  13.       
City Council Regular Meeting
Meeting Date: 12/01/2020  

BACKGROUND
The applicant is requesting a Specific Use Permit to allow the ‘Commercial Amusement, Outdoor’ land use on approximately 17.5 acres of land, located at 18658 IH-35 N. The applicant would like to utilize the 'Commercial Amusement, Outdoor' land use in order to operate outdoor paintball facilities on the northeast side of the property.

The subject property is located at 18658 IH-35 North, also known as Wiederstein Ranch Lot 1, Blk 1, and is currently developed with an approximately 70,000 square foot indoor commercial amusement center (EVO Entertainment) containing movie theaters, bowling alleys, arcade games, etc.

Three (3) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 6, 2020, and a public hearing was published in the “San Antonio Express” on November 11, 2020. At the time of this report staff has received one response in favor of the Specific Use Permit.

The Planning and Zoning Commission met on November 18, 2020 and made a recommendation to City Council to approve the proposed Specific Use Permit by a 7-0 vote. The following project representatives spoke at the Planning & Zoning Commission public hearing:
  • Chris Cline, EVO Entertainment, CDO, answered the Commission's questions regarding specifics of the proposed paintball facilities
GOAL
The goal of the proposed Specific Use Permit is to allow the Commercial Amusement Outdoor land use on approximately 17.5 acres of land, located at 18658 IH-35 N.
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 an approximately 73 acre tract of land zoned General Business District (GB) and Manufacturing Light District (M-1) that is largely undeveloped with some minor agricultural uses, an approximately 21 acre tract of land zoned General Business District (GB) that is developed with an outdoor flea market plus some residential dwellings towards the rear of the property, and the Interstate Highway 35 Right-Of-Way. The site plan associated with this Specific Use Permit request to allow the 'Commercial Amusement, Outdoor' land use shows that the paintball courses are planned to be situated along the eastern property boundary, which would place the paintball facilities adjacent to the outdoor flea market and the residential dwellings towards the rear of the property. While the property owner is taking all the necessary precautions associated with a paintball facility, including the installation of 20 foot tall, professional grade paintball netting around the entirety of both paintball courses, thus preventing the paintballs from leaving the subject property and interfering with the surrounding properties, there could still be potential impacts on the adjacent land uses in terms of noise. However, the subject property and the potentially affected adjacent properties are along Interstate Highway 35, so some noise traffic should be expected from the roadway and any commercial businesses that operate along the roadway. Therefore, the addition of a paintball facility with the necessary precautions in the area should not have a major noise impact on the surrounding properties beyond what
should be expected along an interstate highway. The property owner of the Bussey's Flea Market also reached out to staff to and has no objections to the proposed paintball facilities being constructed next to his property.

Conformance with the Comprehensive Land Use Plan
In addition, the proposed Specific Use Permit to allow the 'Commercial Amusement, Outdoor' land use should not have an adverse impact on any potential adjacent development, because the proposed land use is in conformance with the North Schertz Sector Plan. The subject property and the adjacent properties along IH-35 are all identified under the Commercial Campus land use designation within the North Schertz Sector Plan. The Commercial Campus land use designation is intended to allow for a variety of commercial uses and should also accommodate light manufacturing or flex office spaces; therefore, the 'Commercial Amusement, Outdoor' land use, and the paintball facilities more specifically, should not impede the redevelopment of any adjacent properties in accordance with the Comprehensive Land Use Plan.

Conceptual Site Plan 
  • Architectural Standards: The proposed Specific Use Permit would not make any modifications to the existing 70,000 square foot indoor commercial amusement center (EVO Entertainment), which already complies with the architectural feature requirements (i.e. horizontal and vertical articulations) defined in Schertz Unified Development Code (UDC) Sec. 21.9.5 Exterior Construction and Design Standards
  • Parking: The applicant is proposing no changes to the current parking facilities with the addition of the proposed 'Commercial Amusement, Outdoor' land use. The applicant believes that the peak traffic hours for the existing indoor commercial amusement facility and the proposed paintball courses operate during different times of the day, and that the existing parking is sufficient for the current number of daily customers. The COVID-19 pandemic has reduced the daily traffic within the EVO facility, and if additional parking is required to meet consumer expectations or traffic standards following the attenuation of the pandemic, then the applicant will install more parking spaces on site in any of the available space.
  • Screening requirements: The applicant is proposing to screen the paintball courses with 20 foot tall, professional grade paintball netting that will prevent any of the paintballs from leaving the designated facilities and encroaching into the remainder of the subject property or onto adjacent properties. The existence of residential dwellings in the rear of the General Business District (GB) zoned property that also houses the outdoor flea market, would typically require the applicant to install an 8' masonry fence along with a 20' landscape buffer including the necessary tree and shrub plantings in accordance with UDC Sec. 21.9.7.G & Sec. 21.9.8.B.3; however, the applicant is already installing a 20' screening net that will obstruct the paintball facility from the neighboring properties. Therefore, due to the unique screening precautions already being taken given the proposed land use, the applicant is requesting to not install the masonry wall and associated landscape buffer along the southeast portion of the property line adjacent to the residential dwellings.
  • Landscaping: The proposed Specific Use Permit would not make any modifications to the existing landscaping on-site, and the applicant is not planning to remove any trees on site since the heavily wooded nature of the southeast portion of the subject property will be utilized as part of one of the paintball courses. The removal of any Protected/Heritage class trees on-site will require a Tree Removal Permit and any necessary tree mitigation fees.
  • Access and circulation: The subject property's access to the IH-35 frontage road is not proposed to change under the requested Specific Use Permit. The addition of the paintball facilities will also not have a major impact on the subject property's site circulation given that the drive aisles and parking spaces are proposed to remain as they exist today.
A Specific Use Permit (SUP) to allow the 'Commercial Amusement, Outdoor' land use in association with the attached Site Plan would permit the applicant to construct two paintball courses over approximately 10 acres of land on the eastern subject property boundary. Staff recommends approval of the proposed SUP given the request's compatibility with the Comprehensive Plan, the minimal additional impact to the existing and potential adjacent land uses beyond what would be expected along Interstate Highway 35, and the benefit the land use would provide to the community.
  • The North Schertz Sector identifies the subject property as Commercial Campus, which is intended primarily for a wider variety of commercial land uses. The requested 'Commercial Amusement, Outdoor' land use is compatible with the Commercial Campus future land use designation; therefore, the proposed SUP is compatible with the Comprehensive Plan.
  • The proposed 'Commercial Amusement, Outdoor' land use should also have a minimal impact on the existing and potential surrounding land uses. The paintball courses proposed under this SUP would be constructed along the eastern property boundary and adjacent to the property zoned General Business District (GB) and developed with the outdoor flea market and residential houses; however, the applicant is taking precautionary measures, including installing 20 foot tall screening and protection netting around both courses to ensure there is as little adverse impact to the neighbors as possible. The North Schertz Sector Plan identifies the neighboring properties as Commercial Campus as well, so the development of the 'Commercial Amusement, Outdoor' land use should also have a limited impact on the potential land uses that will develop under the Commercial Campus future land use designation.
  • The addition of the paintball courses would also provide an amenity that is not currently present in the City of Schertz. There are very limited commercial properties that offer outdoor entertainment facilities such as the paintball courses proposed under this SUP, and the allowance of the 'Commercial Amusement, Outdoor' land use through the associated site plan would allow for increase the variety of commercial businesses available to our residents, especially along IH-35.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approval of the Specific Use Permit to allow the 'Commercial Amusement, Outdoor' land use alonng with the attached site plan, conditioned upon the following: 
  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).
Attachments
Ordinance 20-S-40
Ordinance 20-S-40 Exhibit A
Aerial Map
Public Hearing Notice Map
Public Hearing Notice Response

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