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  3.       
City Council Regular Meeting
Meeting Date: 04/05/2022  

BACKGROUND
Owner: I-35 Investments Properties, LP
Applicant: Southern Tire Mart

Three (3) public hearing notices were mailed to the surrounding property owners within two hundred feet (200') of the subject property on January 28, 2022, with a public hearing notice published in the "San Antonio Express" on March 2, 2022, prior to the City Council public hearing.  At the time of this staff report Staff has received one (1) response that is neutral to the zoning request. 
 
GOAL
The goal is to rezone approximately 9 acres of land from General Business District (GB) and Pre-Development District (PRE) to General Business District (GB) and General Business District-2 (GB2).
COMMUNITY BENEFIT
The community benefit is to promote safe, orderly, efficient development and bring about the City's vision of future growth. 
SUMMARY OF RECOMMENDED ACTION
The applicant is requesting to rezone the approximately 9 acres of land from General Business District (GB) and Pre-Development District (PRE) to General Business District (GB) and General Business District-2 (GB2).  The 9 acre tract is a portion of the remaining approximately 114 acre tract.  

The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan and Northern Schertz Sector Plan, designates this subject property as Commercial Campus and Agricultural Conservation.  The objective of the Commercial Campus land use designation is intended to accommodate the development of lower intensity commercial and office uses that utilize a variety of mostly office, flex-office, light industrial, and creating a campus like environment.  Agricultural Conservation land use designation is to have the rural/agricultural type development and minimum open space of 70%.  In the Schertz Sector Plan it states under the Agricultural Conservation land use designation that "The community's vision for this area may also evolve over time and should be reevaluated based on market trends and community desires during future planning efforts".  The property is 1,100 feet deep with approximately 750 feet of Commercial Campus land use designation and approximately 350 feet of Agricultural Conversation land use designation. This creates a challenge with the property owner that the land is spilt between two land use designations as it poses the issue of how they are able to develop the property.  If we held firm to the land use designation boundaries the back portion that is under Agricultural Conservation would not be developed and would have access limitations as it will be cut off from I-35.  The boundary between the two land use designations are often generalized locations unless there is a physical feature that sets the boundary such as a roadway or a drainage area.  The intention with the current land use designations is to not have a hard, fast line on the property, but to instead flex the designation lines, which is good planning practices, to things like property lines, built features or natural features.  
  • Comprehensive Plan Goals and Objectives: The proposed rezoning of this property to General Business District (GB) and General Business District-2 (GB2) is in conformance with the Comprehensive Land Use Plan as it will support the office and light industrial uses set forth in the General Business District (GB) and General Business District-2 (GB2).  Within the 2002 Comprehensive Land Use, under Key Features of the Land Use Plan,  it states that "Classifying significant acreage within the ETJ as rural development to preserve environmental resources and maintain a reserve of vacant land and open space outside the incorporated City.  As development matures in this area higher density land use may be considered".  In keeping that in mind the property only has 350 feet of agricultural conservation land use identified on their property, but when looking at the overall picture beyond the property boundary, there is still 2,200 feet of agricultural conservation remaining. 
  • Impact of Infrastructure: The proposed zone change would have to route water and sewer from Schwab Road to their property.  There is water and sewer located along the right-of-way of Schwab Road and would be taken from this area to the subject property. 
  • Impact of Public Facilities/Services: The proposed zone change would have minimal impact on public services, such as schools, fire, police and parks, and would have an increase in service area for water and sewer.
  • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is surrounded by several parcels that are zoned General Business District (GB), which are in line with maintaining the lower intensity along the frontage of IH 35 and pushing the light industrial away from IH 35. 
FISCAL IMPACT
None
RECOMMENDATION
The property has the land use designations, under the Schertz Sector Plan for Northern Schertz, as Commercial Campus and Agricultural Conservation.  The Commercial Campus land use designation encourages the development of lower intensity commercial, office, flex-office, and light industrial uses.  The Agricultural Conservation land use designation is intended to maintain the rural/agricultural uses.  The land use designation lines that illustrate approximately 750 feet of Commercial Campus land use designation and approximately 350 feet of Agricultural Conservation land use designation has created this hard and fast line on the property, which leaves the property owner to determine how to develop accordingly.  However, this line is not intended to split a property the way that it has.  The concept for this area, where you take the railroad tracts and Interstate Highway 35 and notice the trend of commercial along the frontage and agricultural conservation along the back, but then determining whether we want it to be 400 feet, 700 feet, or 1,000 feet.  Good planning practices are that we generally try to use property lines, built features, or natural features instead of using hard fast lines.  Therefore, with the information provided the rezoning to maintain the General Business District (GB) along the IH-35 frontage and have the General Business District-2 (GB2) in the back meets the intention of the Comprehensive Land Use Plan as identified under the Commercial Campus land use designation. 

Staff feels that rezoning the portion of the property to General Business District-2 (GB2) does not negatively impact the larger area left Agricultural Conservation nor does adjusting the zoning boundary line of the General Business District (GB) to still maintain that lighter intensity commercial along IH 35.  Therefore, staff recommends approval of the requested zone change for approximately 9 acres to General Business District (GB) and General Business District-2 (GB2). 

The Planning and Zoning Commission held a public hearing on February 9, 2022, where they made a recommendation of approval to the City Council with a vote of 7-0.  

The City Council held a public hearing on March 22, 2022, where they made a recommendation to approve the rezoning from General Business District (GB) and Pre-Development District (PRE) to General Business District (GB) and General Business District (GB2).
Attachments
Ord. No. 22-S-11
Rezone Exhibit
Aerial Map
Public Hearing Notice Map
Public Hearing Notice Response

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