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5.A.
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| Planning & Zoning Commission |
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| BACKGROUND |
The applicant is requesting a Specific Use Permit (SUP) to allow Automobile Repairs & Service, Major on approximately 1.5 acre of land located at 1205 Borgfeld Road. The subject property is currently zoned General Business District (GB) and is developed as an Automobile Repairs & Service, Major, specifically Classic Collision. The Specific Use Permit, if approved, would make the existing land use conform to the Unified Development Code, UDC, and no longer be a non-conforming use subject to UDC Article 7.
On January 19, 2024, twenty-two (22) 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, (0) responses in favor, (0) responses neutral, and (0) responses in opposition have been received. A public hearing notice was published in the San Antonio Express on January 19th for this Specific Use Permit to be heard by the City Council on February 6th. However, due to a new City deadline in relation to agendas for City Council meetings, the item will be pushed to the February 20th City Council meeting for action. A new public hearing notice for the February 20th City Council meeting will be published in the San Antonio Express.
Subject Property:
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Zoning |
Land Use |
| Existing |
General Business District (GB) |
Automobile Repairs & Service, Major- Nonconforming |
| Proposed |
General Business District (GB) |
Automobile Repairs & Service, Major |
Adjacent Properties:
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Zoning |
Land Use |
| North |
General Business District (GB) |
Assisted Care and Living Facility |
| South |
Right of Way |
Borgfeld Road |
| East |
General Business District (GB) |
Day Care Facility |
| West |
General Business District (GB |
Convenience Store with Gas Pumps and Commercial / Retail |
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| GOAL |
| The proposed Specific Use Permit is to allow the existing Automobile Repairs & Service, Major to remain and to no longer be a nonconforming use per the Unified Development Code. At this time there is no associated building nor business expansion proposed. The Specific Use Permit is to ensure the existing land use can remain without the restrictions of UDC Article 7 Nonconforming Uses, Lots and Structures. |
| 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 subject property was identified as Multi-Family Residential in the 2002 Comprehensive Land Use Plan. This land use designation was intended to include a mix of residential and low intensity commercial uses. This portion of Schertz was not evaluated as part of the 2013 Sector Plan Amendment. Although the proposed Specific Use Permit is not consistent with the currently adopted Comprehensive Land Plan, this portion of Schertz is being reevaluated as part of the current Comprehensive Land Use Plan Amendment and is tentatively proposed as Local Corridor which is designed for locally oriented commerical compatabile with surrounding neighborhoods.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
The subject property is currently zoned General Business District (GB). Per the UDC, 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 subject property has been utilized as an Automobile Repairs & Service, Major since 2001. Per the UDC Article 5 Section 21.5.8 Permitted Use Table, Automobile Repairs & Service, Major requires a Specific Use Permit to operate in the General Business District (GB). This land use has been providing services to the community that meets their needs for the last twent years. Automobile Repairs & Service, Minor is permitted by right in the General Business District. However, that land use classification is very limited in the scope of services that can be provided. The proposed Specific Use Permit for the existing land use would meet the intent of the zoning district by providing a service establishment that is needed by the community.
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 was originally developed in 2001 for Auto Collision Works. At that time the 1996 UDC was in effect and did not require a Specific Use Permit for the "Auto Paint and Body Shop" land use and allowed it by right in the General Business zoning district. In 2006 the UDC was amended including the Permitted Use Table and created two new land use classifications "Automobile Repairs, Major” and “Automobile Repairs, Minor". With this UDC amendment the new "Automobile Repairs, Major” land use designation required a Specific Use Permit in the General Business District. With this UDC amendment, Auto Collision Works was then considered a non-conforming use because of the General Business zoning but not having an approved Specific Use Permit. 1205 Borgfeld Road has continued to be used for businesses that would be classified as Automobile Repairs, Major or Automobile Repairs & Service, Major including the current operations, Classic Collision. The applicant has submitted this Specific Use Permit request in order to ensure that 1205 Borgfeld Road can continue to operate as an Automobile Repairs & Service, Major without the nonconforming land use designation or the requirements of UDC Article 7 Nonconforming Uses, Lots and Structures. Since the subject property has been used for the same land use since 2001 and there is no proposed expansion at this time, no additional adverse impact is anticipated.
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 subject property has been developed and utilized as Automobile Repairs & Service, Major, since 2001. If the Specific Use Permit is approved, no additional traffic would be generated or anticipated.
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.
The subject property has two existing access driveways onto Borgfeld Road. There are no proposed changes to access at this time nor any proposed roadway adjustments or traffic control devices or mechanisms.
6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties.
The Specific Use Permit request is in order to bring the existing land use into compliance with the Unified Development Code. At this time, no expansions or modifications to the site are proposed. Any new development will have to meet all site requirements in Article 9.
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.
If proposed modifications to the site are requested, the site will be required to meet all dimensional and design requirements of the UDC. At this time there are no proposed site modifications and 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. The subject property is located between a convenience store with gas pumps and a day care facility that has been in operation since 2008. The existing Automobile Repairs & Service, Major land use has been occurring at 1205 Borgfeld Road for over 20 years. the requested Specific Use Permit would bring the land use of the property into compliance and would no longer be nonconforming.
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 the recommendation of the Planning and Zoning Commission or the consideration of the first reading from City 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 for the Specific Use Permit application, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council. |
| RECOMMENDATION |
Staff recommends approval of the Specific Use Permit to allow Automobile Repairs & Service, Major at the subject property conditioned upon the following:
1. Prior to a new Certificate of Occupancy being issued, the site will need to be brought into full compliance with the UDC site design requirements including but not limited to a paved concrete or asphalt surface for all parking areas.
COMMISSIONERS CRITERIA FOR CONSIDERATION:
The Planning and Zoning Commission is making a recommendation to City Council on the proposed Specific Use Permit. In considering action on a Specific Use Permit application, the Commission should consider the criteria within UDC, Section 21.5.11 D. |
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