The City has received interest in Automobile Sales and a request has been made to amend the Unified Development Code in order to potentially provide space for this land use in less intense commercial districts.
Currently, the Automobile Sales land use is defined in Article 16 as:
"Automobile Sales New or Used: Sales, rental, and/or lease of new or used automobiles or light load vehicles, including as an accessory use: Automobile Repair, Major"
In Article 5, Automobile Sales is permitted in the following zoning districts:
| Automobile Sales |
| Permitted by Right |
- Manufacturing - Light District (M-1)
- Manufacturing - Heavy District (M-2)
|
| Permitted with a Specific Use Permit |
- General Business - 2 District (GB2)
|
Proposed Amendments:
Staff is proposing to change the permitted use of Automobile Sales to the following:
| Automobile Sales |
| Permitted by Right |
- Manufacturing - Light District (M-1)
- Manufacturing - Heavy District (M-2)
- General Business - 2 District (GB2)
|
| Permitted with a Specific Use Permit |
- General Business District (GB)
|
Additionally, staff is proposing to limit the use of Automobile Sales and it's accesory use Automobile Repair, Major with amendments to UDC Section 21.5.8.D.2 by adding the following language:
- Automobile Sales within the City of Schertz shall have the following limited uses:
- No Automobile Sales shall be within three (3) miles of another Automobile Sales (property line to property line).
- No Automobile Sales shall be within 250 feet of any single-family residential zoning or use.
- Automobile Sales uses are required to have Automobile Repair, Major as an accessory use.
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Staff will be recommending denial of these UDC amendments. However, as there has been a request to amend the UDC to allow Automobile Sales in the General Business District (GB), staff drafted the above amendments as a way to plot a path forward in the event the Planning and Zoning Commission and/or City Council is open to the idea of allowing greater potential for Automobile Sales. Staff will be evaluating this proposed UDC amendment, using the Criteria of Approval found in 21.4.7.D.
1. The proposed amendment 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 the health, safety, and general welfare of the city, adopted policies and codes seek to make land uses as compatible as possible. By amending the code to permit by right Automobile Sales in General Buisness-2 District(GB2) and by Specific Use Permit in General Business District(GB), the city is opening up the potential for Automobile Sales to be adjacent to residential uses. Staff believes this to be counter to healthful development.
Additionally, the areas zoned General Business District (GB) tend to be high value-high visibility, commercial real estate. Given that Automobile Sales are prevalent in the wider regional market, especially in Schertz's adjacent communities, permitting Automobile Sales even with a Specific Use Permit, would not be an efficient use of land in Schertz.
2. An amendment to the text is consistent with other policies of this UDC and the City.
On February 3, 2009, the new Unified Development Code was adopted and replaced the previous 96-S-28 Unified Development Code with Ordinance 09-S-06. This ordinance modified the Unified Development Code (UDC) to require a Specific Use Permit for Automobile Sales in General Business-2 District (GB-2) and permitted by right in Light Manufacturing District (M-1) and Heavy Manufacturing District (M-2). To the best of staff's knowledge, there are no Automobile Sales uses within the city. While it is difficult to pinpoint exactly why policies were made in 2009, staff can infer that City Council at the time viewed Automobile Sales as an intense land use. This can be considered a logical assumption, as automobiles are heavy machines with a variety of chemicals, lubricants, oils, etc. that are used in the operation of the vehicle.
Staff feels that opening up Automobile Sales uses in the General Business District (GB), even with a Specific Use Permit, is not consistent with the current policy of the city.
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City.
The UDC has explicit goals to "protect and conserve the value of land throughout the City" and to "minimize the conflicts among the uses of land and buildings". As mentioned above, amending the UDC to permit Automobile Sales with a Specific Use Permit, is not consistent with these Goals and Objectives of the UDC.
The City of Schertz Strategic Plan has clear stated goals for the Operational Values of the city. Among these are "being innovative" and creating "new value for our community through meaningful change" and "finding better ways to do things". Automobile Sales is a competitive market with ample options to choose from in the wider region and even immediately adjacent to Schertz. Being innovative is not "status quo" or "following the path of least resistance".
Additionally, the Strategic Plan outline goals for the Quality of Life of the city. Among these is the goal to have an attractive community by having a "well planned, well landscaped, well-built and well maintained community", this is achieved by minimizing conflicts among land uses. Something that these amendments could potentially create. Lastly, the Strategic Plan states that a high quality of life is not "a concrete jungle". Automobile Sales is arguably a use that contributes some of the most concrete in the jungle.
4. Other criteria 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.
The scheduled public hearing provides the opportunity for City Council to determine this.
For these reasons, staff recommends denial of Ordinance 24-S-17.
While staff is making the recommendation to deny this particular application to amend the UDC, these amendments were drafted by staff as a way forward in the event that the Planning and Zoning Commission and the Schertz City Council are open to the idea of allowing Automobile Sales in the General Business District (GB). Permitting with a Specific Use Permit allows staff and decision makers to evaluate each proposal case-by-case. Also, the "limited uses" that are created with these amendments will work to mitigate conflict between land uses and help to develop finite commercial property in an efficient manner.
The Planning and Zoning met on March 6, 2024, and made a recommendation of approval with a 6-0 vote with the condition that one limited use be "250 feet from single-family residential zoning or use". What was originally proposed was all residential zoning or use. This allows for Automobile Sales to be adjacent to multi-family zoning districts. |