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  5.       
City Council Regular Meeting
Meeting Date: 01/09/2024  

BACKGROUND
The applicant is requesting a Specific Use Permit to allow a truck terminal on approximately 4 acres of land, approximately 660-feet west from the intersection of Baugh Lane and Schwab Road, City of Schertz, Comal 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 truck terminal in General Business District (GB). More specifically, the applicant is proposing a truck terminal that consists of truck parking with a gate and monitored gate shack.

Two (2) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 1, 2023. A public hearing notice was published in the San Antonio Express on November 29, 2023. At the time of this report, staff has received zero (0) responses in favor, zero (0) opposed, and zero (0) responses 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. City Council conducted a public hearing on this item at the December 19, 2023, meeting.
GOAL
The proposed Specific Use Permit is to allow a truck terminal on approximately 4 acres of land located approximately 660-feet west from the intersection of Baugh Lane 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
The applicant is proposing to construct a truck terminal with a gate and a monitored gate shack to serve the SYSCO development to the north of the property. Per the letter of intent, one access point is being proposed along Baugh Lane, which will be reviewed by the City of Schertz Engineering Department. 

Directly to the north of the subject property is Baugh Lane right-of-way. To the west and south, the properties are both zoned General Business District (GB) and are currently undeveloped. The property to the east of the subject property is currently zoned General Business District (GB) with a Specific Use Permit for a convenience store with gas pumps and is developed as a QuickTrip. 

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 Commercial Campus. The Commercial Campus land use designation is intended to encourage development of lower intensity commercial and office uses in the location between major intersections as a buffer between the interstate highway and adjoining neighborhoods. The proposed truck terminal is not directly along IH-35 and acts as an additional buffer from the frontage to the existing SYSCO 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 development is for a truck terminal that will serve the existing SYSCO development to the north of the property. Additionally, the proposed truck terminal is located in proximity to IH-35, a principal transportation corridor.

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 (GB) to the east, west, and south with Manufacturing District (Light) (M-1) to the north, and is compatible with the existing development. The proposed truck terminal 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 one point of access along Baugh Lane. All proposed access points will be reviewed by the City of Schertz Engineering Department.

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 Baugh Lane. The proposed access points will be reviewed by the City of Schertz Engineering Department.

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 Manufacturing (Light) 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.
Given the existing General Business and Manufacturing (light) zoning of surrounding properties, access from Baugh Lane, and the proposed use servicing an existing use, the proposed truck terminal 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.
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.

City Council conducted a public hearing on December 19, 2023, and made a motion to approve with the condition that a building permit is approved within two years of the adoption of the Specific Use Permit with a 7-0 vote.

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 the adoption of the Specific User Permit Ordinance.

Staff recommends approval of the Specific Use Permit to allow a truck terminal at the subject property conditioned upon the following:
1. A building permit is approved within two (2) years of the adoption of the Specific Use Permit Ordinance in accoradnce with Unified Development Code Article 5, Section 21.5.11.F Expiration of Specific Use Permit.
Attachments
Ordinance 23-S-33 With ATT
Aerial Exhibit
Public Hearing Notice Map
City Council Presentation Slides

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