Owner / Applicant: BK 515 Investments LLC
Project Engineer: RAO's Consulting Engineers 

Date:	Application Submittal Type:
07/29/2022	Original Specific Use Permit Application

Thirteen (13) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on July 7, 2023, and a public hearing notice will be published in the San Antonio Express prior to the City Council public hearing. At the time of this staff report, staff has received one (1) responses in favor, one (1) response opposed, and one (1) responses neutral to the proposed request. 

The applicant is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 5.5 acres of land located at 1008 and 1020 FM 78, Schertz, TX 78154, also known as Guadalupe County Property Identification Number: 67650 and 67552, City of Schertz, Guadalupe County, Texas. More specifically, per the letter of intent submitted with the application, the proposed project would include a 6,500 square foot convenience store with gas pumps, a 2,500 square foot Burger King fast food restaurant with drive-thru, a 2,040 square foot restaurant with drive-thru and an automated car wash.

The subject property was previously developed as a convenience store with gas pumps which have been demolished. 

	Zoning	Land Use
North	Right of Way	FM 78
South	General Business District (GB) and Manufactured Home Park (MHP)	Undeveloped
East	General Business District (GB)	Residential
West	General Business District (GB)	Commercial / VFW Post 8315

The subject property is directly adjacent to FM 78, which is classified as a Principal Arterial and is currently zoned General Business District (GB). The site was previously a convenience store with gas pumps that has been demolished. The surrounding properties are also zoned General Business District (GB) with a commercial establishment (the VFW) on the west and properties used for residential purposes on the east. 

The Comprehensive Land Use Plan identifies two land use designations for this property. Adjacent to FM 78, approximately 160 feet into the subject property is designated as Commercial Campus. The rest of the property is identified as Parks, Open Space. Commercial Campus is intended to encourage development of lower intensity commercial and office uses such as research, flex-office, and supporting uses, light industrial and assembly uses. Parks, Open Space is intended to be utilized for open space and for sensitive areas such as floodplain areas. The subject property is within the floodplain as identified by FEMA. The identified floodplain is consistent with the areas identified on the Comprehensive Land Use Plan designation of Parks, Open Space. The submitted conceptual plan identifies that the proposed convenience store with gas pumps would be located outside the floodplain area. 

The proposed business would take advantage of the FM 78 frontage as it is a transportation oriented business and is dependent on the traffic generated on roadways such as FM 78 as a principal arterial. Additionally, the proposed convenience store with gas pumps and food establishments is consistent with other businesses on FM 78. 

The proposed Specific Use Permit for a convenience store with gas pumps is generally in conformance with the Comprehensive Land Use Plan and is compatible with adjacent businesses located along FM 78. 

The subject property had previously had a convenience store with gas pumps and a car wash that had been abandoned. From aerial imagery it appears the site was used as a convenience store since at least 1995. In fall of 2022, the structures were demolished with the ultimate goal being to obtain a Specific Use Permit in order to construct a new convenience store with gas pumps in addition to two food establishments within the building. 

The applicant is proposing to construct a 6,500 square foot convenience store with gas pumps, a 2,500 square foot Burger King fast food restaurant with drive-thru, a 2,040 square foot restaurant with drive-thru and an automated car wash on an approximately 5.5 acre tract of land. Per the conceptual plan, the applicant is proposing two driveway locations onto FM 78, which will be reviewed by the Texas Department of Transportation. 

If the Specific Use Permit is approved, the applicant will go through the site plan process in conformance with Unified Development Code (UDC) Article 9, Section 21.9.12 and will have to meet all City of Schertz UDC requirements as listed in Article 9. At the time of the site plan, a Traffic Impact Analysis Study will be reviewed by both the City of Schertz Engineering Department and the Texas Department of Transportation as this property is located on FM 78. In addition, the proposed parking areas will have to meet all current regulations within UDC Article 10 including the required parking ratios and dimensions. Additionally, the site will be required to comply with all landscaping, screening and buffering requirements as identified in the UDC. 

Due to the limited adverse impact on adjacent development and the compatibility between the proposed land use and the Comprehensive Land Use Plan, along with the land previously being used for a convenience store with gas pumps, Staff recommends approval of the Specific Use Permit to allow a convenience store with gas pumps at the subject property conditioned upon the following: 

Planning Department Recommendation
X	Approve as submitted
	Approve with conditions*
	Denial

* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.

The Planning and Zoning Commission is making a recommendation to City Council on the proposed Specific Use Permit. In considering action on a Specific Use Permit application, the Commission should consider the criteria within UDC Article 5, Section 21.5.11.D.