Print Return
  5.       
City Council Regular Meeting
Meeting Date: 06/22/2021  

BACKGROUND
The applicant is proposing to rezone approximately 1.824 acres of land from General Business District (GB) to General Business District - 2 (GB-2).  The property is located approximately 5,500 feet east of the intersection of Schwab Road and IH -35 Access Road, more specifically described as 6420 IH 35, Schertz, Texas.

Nine (9) public hearing notices were mailed to the surrounding property owners within two hundred (200) feet of the subject property on April 28, 2021, with a public hearing notice published in the "San Antonio Express" on May 19, 2021, prior to the City Council public hearing.  At the time of this report, Staff has received zero (0) responses in favor, opposed, or neutral to the zoning request. A public hearing held at the April 28, 2021 Planning and Zoning Commission Meeting. During this public hearing, no residents spoke. 
GOAL
To zone change approximately 1.824 acres of land from General Business District  (GB) to General Business District -2 (GB-2). 
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 Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan and the Northern Schertz Sector Plan, designates this subject property as Commercial Campus. The objective of the Commercial Campus future land use designation is to accommodate the development of lower intensity commercial and office uses that utilize a variety of mostly office, flex-office, light industrial, and educational and other institutional uses.  Typically, the Commercial Campus future land use designation is associated with the General Business District (GB) based on the land uses allowed by right based on the Unified Development Code Permitted Use Table. The General Business District- 2 (GB-2), is a higher intensity zoning district which incorporates permitted land uses that are not allowed within the General Business District (GB). However, due to the existing structure on the property, previously land uses that would require General Business District -2 (GB-2) have been done at the property.

Comprehensive Plan Goals and Objectives: The proposed rezoning of the property to General Business District- 2 (GB-2) is not in conformance with the Comprehensive Plan as it can attract higher intensity commercial and industrial uses which would be permitted by right. The IH-35 corridor is primarily designated for the lower intensity/light industrial uses set forth in the General Business District (GB) zoning category.  The existing building is constructed of metal siding, having roll up dock doors, and set back off the highway approximately 145 feet. Additionally, with the current surrounding properties the proposed rezoning to General Business District -2 (GB-2) is an appropriate zoning district for this subject property.
  • Impact of Infrastructure: The proposed zone change should have a minimal impact on the infrastructure as there are currently two structures existing on the property. 
  • Impact of Public Facilities/Services: The proposed rezoning should have a minimal impact on the public services, such as schools, fire, police, parks, and sanitation services.
  • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by parcels that are zoned General Business District (GB), and Pre-Development District (PRE), is adjacent to the City of New Braunfels city limits, and the IH 35 Access Road. Except for the property within the City of New Braunfels, the immediately adjacent properties are currently undeveloped. Due to the surrounding zoning land uses, the existing structures, and the previous land uses the rezoning to General Business District -2 (GB-2) is compatible.  
FISCAL IMPACT
None
RECOMMENDATION
The Planning and Zoning Commission conducted a public hearing on May 12, 2021, and offered a recommendation of approval with a 6-1 vote.
  • Commissioner Evans voted nay, and indicated that the applicant could come up with another solution instead of rezoning to General Business District-2 (GB-2).
Although, the Comprehensive Land Use Plan designation of Commercial Campus is traditionally associated with the General Business District (GB), which would not be supportive of the proposed zone change, the property has been most recently been occupied by a foundation repair company and existing surrounding land uses to this property are more in line with the proposed General Business District -2 (GB-2) zoning. 

Staff supports the Commissions recommendation and recommends approval of the proposed rezoning from General Business District (GB) to General Business District-2 (GB-2) as submitted. 
Attachments
Ordinance
Exhibit A: Metes and Bounds
Exhibit B: Zone Change Exhibit
Aerial Map
Public Notification 200ft buffer

AgendaQuick©2005 - 2024 Destiny Software Inc., All Rights Reserved