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17.
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| City Council Regular Meeting |
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| BACKGROUND |
The applicant is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 7.8 acres of land, located 51 feet west from the intersection of IH-35 N Access Road and FM 2252, City of Schertz, Texas, Comal and Guadalupe County, Texas. The subject property is undeveloped and zoned General Business District (GB). As per UDC Section 21.5.8, a Specific Use Permit is required for a convenience store with gas pumps in the General Business District (GB) zoning district. More specifically, the applicant is proposing a 10,827 square foot convenience store, gasoline pumps, a diesel canopy, truck parking at the rear, and an additional 6,000 square foot building that may include a coffee shop, personal services, and restaurants.
Five (5) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 1, 2023 and a public hearing notice was published in the San Antonio Express on November 29, 2023. At the time of this report, staff received one (1) response in favor, four (4) opposed, and zero (0) neutral to the proposed request. Additionally, one (1) Public Hearing Notice sign was placed on the property on November 3, 2023. The Planning and Zoning Commission conducted a public hearing on this item at the November 15, 2023, meeting.
Unlike a zone change, a Specific Use Permit is not subject to LGC, Local Government Code 211.006(d), thus a 3/4 majority vote is not required by City Council. |
| GOAL |
| The proposed Specific Use Permit is to allow a convenience store with gas pumps on approximately 7.8 acres of land, located approximately 51-feet west from the intersection of IH-35 N Access Road and Fm 2252. |
| 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 |
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 applicant is proposing to construct a 10,827 square foot convenience store, gasoline pumps, a diesel canopy, truck parking at the rear, and an additional 6,000 square foot building. Per the conceptual site plan, both proposed access points will be along IH-35 N Access Road, which will be reviewed by the Texas Department of Transportation and the City of Schertz Engineering Department.
The subject property is zoned General Business District (GB), and is undeveloped. Directly to the north of the property is the IH-35 N Access Road right-of-way and to the east, the property is zoned General Business District (GB) and is undeveloped. The property to the west is also zoned General Business District (GB) and is currently used as storage for Conex boxes. The property immediately to the south is zoned General Business District (GB) and Single-Family Residential/ Agricultural District (R-A) and is undeveloped/vacant.
UDC Section 21.5.11.D Criteria for Approval
1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan.
The subject property is designated as Highway Commercial and Single Family Residential. The Highway Commercial land use designation is intended for regional scale retail and commercial uses located at major highway intersections that can take advantage of the highway frontage. The subject property's location along IH-35 N Access Road is ideal for taking advantage of the highway frontage. Single Family Residential land use designation is intended for a mix of residential with some commercial uses that support the daily activities of development.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
General Business District (GB) is intended to provide suitable areas for the development of non-residential uses that may include retail and service establishments that are generally oriented toward serving the overall needs of the community and are usually located along principal transportation corridors. The proposed developments' location along IH-35 N Access Road allows for the development to take advantage of IH-35 traffic and surrounding neighborhoods for business.
3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods.
The proposed development is surrounded by adjacent General Business District zoning and is compatible with the existing development. The proposed convenience store with gas pumps will be required to meet all current City of Schertz site development standards stipulated in Unified Development Code (UDC) Article 9. Article 9 is in place to ensure adverse effects of development are minimized and mitigated on neighboring properties.
4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood.
The proposed development is proposing two points of access along IH-35 N Access Road which is a one way road. All proposed access points will be reviewed by the City of Schertz Engineering department and the Texas Department of Transportation.
5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets.
Access to the subject property will be along IH-35 N Access Road. The proposed access points will be reviewed by the City of Schertz Engineering department and the Texas Department of Transportation.
6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties.
The proposed development will have to meet all site development requirements in Article 9 of the Unified Development Code. The adjacent properties are zoned General Business District and are not currently being used for single-family residential. As a result, no additional screening requirements for residential use will be required.
7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood.
The proposed development will have to meet all dimensional and design requirements of the General Business District as mentioned in UDC Section 21.5.7. No variations to the requirements have been requested.
8. The proposed [use] promotes the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.As part of promoting health, safety and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts.
As part of promoting health, safety and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impact. Given the existing General Business District zoning of the adjacent surrounding properties, the location of the subject property on IH-35 N Access Road, and all access to the subject property being from IH-35 N Access Road, the proposed convenience store with gas pumps would not pose an adverse impact on adjacent properties.
9. No application made under these provisions will receive final approval until all back taxed owed to the City have been paid in full.
This does not impact the first reading from Council.
10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council deemed relevant and important in the consideration of the Specific Use Permit.
Staff has ensured all UDC requirements have been met for the Specific Use Permit, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council.
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| RECOMMENDATION |
The Planning and Zoning Commission conducted a public hearing on November 15, 2023, and offered a recommendation of approval with the condition that a building permit is approved within two years of approval of the Specific Use Permit Ordinance, by a 6-0 vote.
Staff recommends approval of the Specific Use Permit to allow a convenience store with gasoline pumps at the subject property conditioned upon the following:
1. A building permit is approved within two (2) years of the adoption of the SUP Ordinance in accordance with Unified Development Code Article 5, Section 21.5.11.F Expiration of Specific Use Permit.
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