The applicant is requesting a Specific Use Permit for approximately 11.7 acres of land to allow portable building sales within the General Business District-2 (GB-2). The applicant is also requesting a zone change to General Business District-2 (GB-2) in addition to the Specific Use Permit. As per Unified Development Code Section21.5.8, a Specific Use Permit is required for Portable Building Sales in General Business District-2 (GB-2). Portable building sales is defined as an establishment which factory-manufactures portable buildings, such as manufactured homes and jobsite offices, are displayed and offered for sale, lease, or order to the general public as per Article 16 of the Unified Development Code. The subject property is currently utilized for portable building sales, however the existing General Business District (GB) and lack of Specific Use Permit for the site, makes the land use nonconforming per UDC Article 7. If the proposed zone change to General Business District-2 (GB-2) is not approved, the Specific Use Permit cannot be approved.
On February 21, 2024, seven (7) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, zero (0) responses in favor, zero (0) responses in neutral, and zero (0) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on March 13, 2024.
The Planning and Zoning Commission held a public hearing on March 6, 2024. The Planning and Zoning Commission meeting can be viewed on the City's Youtube site. |
The subject property is currently zoned General Business District (GB), and has an existing nonconforming operating business of portable building sales, specifically known as Mobile Mini. 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) with a Specific Use Permit to allow a convenience store with gas pumps and is undeveloped. To the west of the property is a private access road known as Den-Ott Hill, and beyond the access road is the existing Bussey's Flea market that is currently zoned General Business District (GB). The property immediately to the south is zoned General Business District (GB) and Single-Family Residential/ Agricultural District (R-A) and is undeveloped/vacant.
When evaluating the Specific Use Permit, staff uses 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 embeded in the adopted Comprehensive Land Plan.The proposed Specific Use Permit to allow portable building sales does not meet the intent of the Comprehensive Land Use Plan (CLUP).
The current Comprehensive Land Use Plan designates the subject property as Commercial Campus with Single Family Residential at the rear of the property. The Commercial Campus land use designation is intended to encourage the development of lower intensity commercial and office uses as a buffer between IH-35 and adjoining neighborhoods. Single Family Residential is intended for a mix of residential with some commercial activities that support the daily activities of development.
The proposed Comprehensive Land Use Plan amendment, yet to be adopted, designates the subject property and the surrounding area as Mixed-Use Center. The Mixed-Use center is intended to integrate a combination of housing types, locally serving commercial and recreational uses that integrate commercial, residential, and office/entertainment.
The requested Specific Use Permit to allow portable building sales on the subject property is a use that does not meet the intent of lower intensity commercial and is not a compatible transitional use from IH-35 N Access Road to the neighborhood. The requested Specific Use Permit additionally requires a zone change to General Business District-2 (GB-2). The uses allowed within General Business District-2 (GB-2) are not compatible with the intent of the Comprehensive Land Use Plan land use designations.
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). General Business District 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 routes.
Portable building sales require a Specific Use Permit in the General Business District-2 (GB-2), thus there is a zone change application accompanying the Specific Use Permit application. Portable Building sales are permitted by right in Manufacturing District Light (M-1).
General Business District-2 (GB-2) is intended to provide suitable areas for the development of non-residential and light industrial uses that offer a wide variety of retail and service establishments oriented toward serving the community and are appropriately designed with attractive landscaping, along principal transportation corridors. Although the property is located along IH-35 N Access road, the light industrial uses within the GB-2 zoning that is being requested with the Specific Use Permit is not compatible with the surrounding area.
3. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods, and includes improvements either on-site or within 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 Portable Building Sales use is not compatible with and does not preserve the integrity and character of adjacent development and neighborhoods. With recently approved zone changes and current active developments, the area of IH-35 N Access Road from Cibolo Valley Drive to FM 2252 is actively transforming into a corridor that provides services with retail, restaurants, and commercial that serves the local existing and new residential developments.
The existing business is currently stacking portable buildings on top of each other and each portable building can range from 8 feet in height to 20 feet in height. Additionally, the property would need to prove compliance with Unified Development Code Section 21.8.9 for general outdoor storage, which requires that general outdoor storage be a maximum of 20-feet in height, be completely enclosed or moved to the rear of a structure, and in no event be visible from public right-of-way. Additionally, the subject property does not meet the requirements of Unified Development Code Article 9 - Site Design Standards and Article 10, due to the use of prohibited fence material, and unpaved surfaces.
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 portable building sales use currently uses access along IH-35 N Access Road, which is a one-way road, for their existing business. Any new proposed access points along IH-35 Access Road 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 is along IH-35 N Access Road, which is a one-way road. Any new proposed access points along IH-35 Access Road 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.
If the zone change to General Business District-2 (GB-2) and the Specific Use Permit to allow portable building sales is approved, the subject property will have to meet site development requirements within the Unified Development Code. The adjacent properties to the South and East are zoned General Business District (GB) and are not currently being used for single-family residential. As a result, no additional screening requirements from the subject property to the adjacent properties are required. Additionally, all outdoor display and storage requirements in Article 8 of the Unified Development Code will need to be met.
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 use will have to meet all dimensional and design requirements of the General Business Disrict-2 (GB-2) 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 impact for the safe, orderly, efficient and healthful development of the City. Given the intensity of the requested Specific Use Permit for portable building sales, its incompatibility with the Comprehensive Land Use Plan land use designations, and portable building sales not being an appropriate transitional use, the proposed Specific Use Permit does not promote the safe, orderly, efficient and healthful development of the City.
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 City Council First Reading.
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 proposed Specific Use Permit, and at this time no special considerations from the Planning and Zoning Commission or the City Council have been received.
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