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19.
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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 covered gas pumps on approximately 1.61 acres of land, located at the intersection of Schaefer Road and FM 1518, also known as: 11786 Schaefer Road, City of Schertz, Bexar County, Texas, also known as Bexar County property ID: 1396038. The subject property is currently undeveloped and zoned General Business District (GB). Per the letter of intent submitted, the applicant is proposing an approximately 8,725 square foot strip center with a fuel canopy for passenger cars.
On November 3, eighteen (18) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of this staff report, one (1) response in favor, zero (0) responses neutral, and five (5) responses opposed have been received. A public hearing notice was published in the San Antonio Express on November 29, 2023.
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 1.61 acres of land located at 11786 Schaefer 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 |
When evaluating Specific Use Permits, staff uses the criteria listed in UDC section 21.5.11.D. The criteria are listed below.
1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan.
The Comprehensive Land Use Plan, through the South Schertz Sector Plan, identifies this area as Mixed Use Neighborhood. The Mixed Use Neighborhood land use designation is intended to incorporate a variety of housing types with limited commercial in the manner of traditional neighborhood design. The proposed strip center with gas pumps fits the limited commercial land use desired in Mixed Use Neighborhood designated areas, and therefore the proposed Specific Use Permit is generally in conformance with the Comprehensive Land Use Plan, through the South Schertz Sector Plan.
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 which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The proposed strip center with gas pumps would meet the intent of the zoning district.
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 subject property lies at the intersection of Schaefer Road and FM 1518, and is currently zoned General Business District (GB). Other properties around this intersection are similarly zoned for commercial uses. The current use for the subject property is undeveloped. Across Schaefer Road to the north is a Dollar General, while there are two properties to the east that are undeveloped and the Rose Garden Elementary School. Directly to the west is the Willow Grove Estates Subdivision. With the proposed strip center being mostly surrounded by commercially zoned land, and being at the intersection of two thoroughfares, the proposed Specific Use Permit would not pose an adverse impact on the surrounding properties. Given the adjacent commercial development, neighboring commercial zoning districts, and the property abutting FM 1518 a principal arterial; the proposed use is compatible with the character and integrity of the neighborhood. The applicant will have to meet all site design standards in Article 9, which 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 will have two points of access on two separate roads, Schaefer Road and Brook Orchard. This combined with no proposed acces to FM 1518 will minimize the hazardous effect of traffic. The Engineering Department will review a more detailed traffic impact analysis at the time of the site plan process.
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 will be from Schaefer Road and Brook Orchard, minimizing the traffic onto the main thoroughfare FM1518.
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 requirements in Article 9 including the screening and buffering that will be required to the neighboring residential properties to the west. Article 9 is in place to ensure adverse effects are minimized and mitigated.
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 requirement of the General Business District as stipulated 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. Given the existing General Business zoning of the subject property and adjacent properties, the proposed development would act as a buffer for the residential portions of the Willow Grove Subdivision from FM 1518, a major thoroughfare.
9. No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full.
This does not impact consideration of the first reading from Council.
10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Permit.
Staff has ensured all UDC requirements have been met, the Planning and Zoning Commission added a condition of approval that the conceptual site plan be adhered to as best as possible. |
| 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 a public hearing on November 15, 2023 and offered a recommendation of approval with a condition that the applicant adhere to the conceptual site plan as much as possible. The recommendation passed with a 4-2 vote. One page of the conceptual site plan has been attached to Ordinance 23-S-34 to illustrate the condition imposed by the Planning and Zoning Commission.
Due to the compatibility between the surrounding land uses and the property being in conformance with 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 conditioned upon the following:
- 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.
- The convenience store with gas pumps adheres to the Conceptual Site Plan as much as possible.
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