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16.
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| City Council Regular Meeting |
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| BACKGROUND |
The applicant is proposing to rezone approximately 11.7 acres of land from General Business District (GB) to General Business District-2 (GB-2). The subject property is currently used for portable building sales, specifically Mobile Mini. 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 zone change, if approved, with the accompanying Specific Use Permit request, would make the existing land use conform to the Unified Development Code Section 21.5.8. Permitted Use Table.
Approximately just under 4 acres of the property has been used as some type of storage use since prior to 1995.The rest of the property, approximately 7.8 acres was not in use in 1995 and neither staff nor the applicant have a record that authorized the expansion into that area. Although the land use would no longer be nonconforming if the zone change and Specific Use Permit are approved, the applicant would still need to plat their property, provide improvements, submit a site plan, demonstrate compliance with the Unified Development Code, and receive a certificate of occupancy and utilize the property in a manner generally as they would like. If the zoning case and/or the SUP are not approved, Staff would work with the applicant, providing reasonable time to bring the site into compliance.
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 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. Additionally, two signs were placed on the property.
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. |
| GOAL |
| The proposed zoning is for approximately 11.7 acres of land from General Business District (GB) to General Business District-2 (GB-2). Per the letter of intent submitted with the application, the applicant desires to bring the property's current nonconforming land use of Portable Building Sales into conformance with the Unified Development Code. Additionally, the applicant is proposing to remodel a vacant building on their property for retail. |
| 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 subject property is currently zoned General Business District (GB), and has an existing 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 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 zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below.
1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map.
The proposed zone change does not meet the intent of the Comprehensive Land Use Plan. The current Comprehensive Land Use Plan (CLUP) designates the subject property as Commercial Campus with Single Family Residential at the very 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.
The proposed Comprehensive Land Use Plan amendment, yet to be adopted, proposes to designate this area as Mixed-Use Center. The Mixed-Use Center land use designation is intended to include a combination of housing types, locally servicing commercial and recreational uses that integrates commercial, residential, and office/entertainment.
2. Whether the proposed zoning change or zoning map amendments promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;
The proposed zone change does not promote the general orderly and healthful development of the city. This portion of the IH-35 N Access Road, from Cibolo Valley Drive to FM 2252, is slowly becoming a corridor that meets the needs of the local community with personal services, restaurants, and retail. There are more appropriate locations for this type of development and proposed use where the land is already zoned to allow portable building sales.
3. Whether the uses permitted by the proposed zone change in the zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;
The proposed zone change to General Business District -2 is not appropriate with the immediate area of the land to be reclassified. The proposed zone change would allow for more intense land uses that are not compatible with the current nor the proposed Comprehensive Land Use designations for this area. More specifically, General Business District -2 (GB-2) permits uses like Truck Sales, Heavy Equipment, Welding/ Machine Shop, Nursery, major, general manufacturing/industrial use, and bottling works. Additionally, the accompanying Specific Use Permit is to specially allow Portable Building Sales, which would not meet the intent of a harmonious center where services of the local residents are met.
4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area;
The subject property is using an existing on-site sanitary sewer system. During the platting process, the subject property will need to conform to the City of Schertz development requirements in the Unified Development Code. The subject property uses IH-35 N Access Road as its frontage and the Texas Department of Transportation has acquired the right-of-way necessary for the TXDOT NEX project. The Master Thoroughfare Plan East and West Connector does not affect their property directly, as the alignment has been set by other development, and consequently will affect the neighboring properties.
Water is available and provided by the Schertz and SSLGC dual CCN on IH-35 N Access Road. Although the site is currently operating with on-site septic, sewer is available and provided by Schertz and CCMA dual CCN, and the development will be required to extend sewer across their frontage to the existing Bussey's lift station. Any plans for sewer extension will be submitted at the time of final plat with their public infrastructure permits.
5. Whether there have been environmental and/or economical changes which warrant the requested change.
No, there have been no environmental or economical changes that warrant the requested zone change. The northern portion and majority of the subject property was annexed on April 7, 1981 with Ordinance 81-A-10 and the remainder on February 6, 1990 with Ordinance 90-A-5.
Portable building sales was established as a use in the permitted use table of the Unified Development Code with Ordinance 06-S-33, the 2006 amendment of the Unified Development Code. The 2006 Unified Development Code stipulates that Portable Building Sales requires a Specific Use Permit in General Business District -2 (GB-2) and General Business District-3 (GB-3) and is permitted in Manufacturing District -Light (M-1).
Unified Development Code Section 21.7.1.B states that nonconforming uses, lots, and structures shall not be enlarged upon, expanded or extended, and shall be used as a basis for adding other structures or uses prohibited elsewhere in the same district. However, the applicant has been continually expanding the business on the original parcel and onto new parcels without permits.
6. Whether there is an error in the original zoning of the property for which a change is requested.
There was no error in the original zoning of the property for which the change is requested.
7. Whether all of the applicant's back taxes owed to the City have been paid in full.
This does not impact consideration by City Council for the first reading.
8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council. |
| RECOMMENDATION |
The proposed zone change to General Business District-2 (GB-2) would allow more intense uses that are not compatible with the surrounding development and is incompatible with the Comprehensive Plan land use designations. The existing General Business District (GB) and the permitted uses within General Business District (GB) are more compatible with the surrounding adjacent land uses and the Comprehensive Plan land use designation. Therefore, Staff recommends denial of Ordinance 24-S-12.
The Planning and Zoning Commission met on March 6, 2024, and made a recommendation of denial with a 4-2 with Commissioner Braud and Commissioner Hector voting nay. |
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