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  9.       
City Council Regular Meeting
Meeting Date: 04/12/2022  

BACKGROUND
Owner: QT South, LLC/ JD Dudley- Project Manager Project
Engineer: Kimley Horn/ Aaron Parencia P.E.

Four (4) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on February 25, 2022, and a Public Hearing Notice was published in the "San Antonio Express" on March 16, 2022, prior to the City Council Public Hearing.  At the time of this staff report, Staff has received zero responses in relation to the Specific Use Permit.
GOAL
The goal is to approve a Specific Use Permit in order to allow for a convenience store with gas pumps on approximately 2.7 acres of land. 
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 a Specific Use Permit to allow a convenience store with gas pumps on approximately 2.7 acres of land, more specifically described as the northwest corner of IH-35 and Cibolo Valley Drive extension / Hal Baldwin Avenue extension, Guadalupe County, Texas.  The roadway that extends north from 35 will be known as the Hal Baldwin Avenue.  It is illustrated on the site plan as Hal Baldwin Avenue and approved by the Schertz GIS Department. However, since this street name is not commonly known the notice and the subject line for this item references Cibolo Valley Drive in order to better describe the location. The subject property is currently undeveloped, vacant land.  The proposed development includes an approximately 5,300 square foot convenience store with 16 total gas pumps under one (1) canopy.  Access to the site is proposed to be from the frontage road of 35 and the second access point from Hal Baldwin Avenue / Cibolo Valley Drive.  The property is currently zoned General Business (GB). 

The Comprehensive Land Use Plan, through the North Schertz Sector Plan, identifies this area as Highway Commercial.  The Highway Commercial land use designation is intended to allow large format retail with restaurants and entertainment uses or mid-rise office buildings, and may also include lodging and related uses.  The Highway Commercial land use designation is located at major highway intersections to maximize access to the region.  The proposed convenience store with gas pumps fits the retail land use desired in Highway Commercial designated areas.  This business can take advantage of its proximity to IH-35, as it is a highway/transportation oriented business and is dependent on the traffic generated on the highway.  The proposed convenience store with gas pumps is compatible with the Highway Commercial land use designation, and therefore the proposed SUP is generally in conformance with the Comprehensive Land Use Plan, through the North Schertz Sector Plan.
  • Architectural Standards: Schertz Unified Development Code (UDC) Section 21.9.5 requires all non-residential buildings to comply with the architectural feature requirements; the proposed convenience store complies with the minimum required horizontal and vertical articulations.
  • Parking: The proposed parking areas meet all current regulations within UDC Article 10; the site will provide forty-four (44) parking spaces sized at 10' x 20'. 
  • Screening requirements: The site has satisfied the minimum screening requirements for the location.  The trash receptacle will be constructed of a masonry material with metal gates that meet the minimum requirements.
  • Landscaping: The proposed site plan will meet all requirements outlined in UDC Section 21.9.7.  The applicant is proposing to install 69 total shade trees, including 16 Southern Live Oak, and 53 Cedar Elms, all of which are proposed to be 3" caliper DBH.
  • Access and circulation: Access to the site is proposed to be through two (3) access points: two (2) right-in/right-out driveway onto the frontage road of 35, and one (1) driveway onto the extension of Hal Baldwin Avenue.  The associated Site Plan and Traffic Impact Analysis Study have been reviewed and approved by both the City of Schertz Engineering Department and the Texas Department of Transportation (TxDOT).  
FISCAL IMPACT
None 
RECOMMENDATION
Due to the limited adverse impact on adjacent development and the compatibility between the proposed land use and the Comprehensive Land Use Plan, Staff recommends approval of the Specific Use Permit to allow a convenience store with gas pumps at the subject property conditioned upon the following:
  • A building permit is approved within one year of the adoption of the SUP Ordinance; and
  • The use begins operation within two years of the issuance of the necessary building permit(s).
The Planning and Zoning Commission held a public hearing on March 9, 2022, where they made a recommendation to the City Council with a vote of 6-0.  

The City Council held a public hearing on April 5, 2022, where they made a recommendation to approve the Specific Use Permit with a vote of 5-0.
Attachments
Ordinance 22-S-15
Public Hearing Notice Map
Specific Use Permit Exhibit
Conceptual Site Plan

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