| PLANNING AND ZONING COMMISSION MEETING: 05/08/2024 Agenda Item 5 D |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | Daisy Marquez, Senior Planner |
| SUBJECT: | PLZC20240003- Hold a public hearing and make a recommendation on a request to rezone approximately 1.4 acres of land, from Office and Professional District (OP) to Neighborhood Services District (NS), generally located 250-feet South of the intersection of Antler Drive and FM 3009, more specifically known as Guadalupe County Property Identification Number 20412, City of Schertz, Guadalupe County, Texas. |
BACKGROUND
The applicant is requesting to rezone approximately 1.4 acres of land from Office Professional District (OP) to Neighborhood Services District (NS). The subject property is currently undeveloped.
On April 24, 2024, thirteen (13) public hearing notices were mailed to the surrounding properties within a 200-foot notification boundary of the subject property. At the time of the staff report, zero (0) responses in favor, zero (0) responses neutral, and one (1) response in opposition have been received. A public hearing notice will be published in the "San Antonio Express" prior to the City Council Meeting. Additionally, one (1) sign was placed on the subject property along FM 3009.
Subject Property:
Adjacent Properties:
On April 24, 2024, thirteen (13) public hearing notices were mailed to the surrounding properties within a 200-foot notification boundary of the subject property. At the time of the staff report, zero (0) responses in favor, zero (0) responses neutral, and one (1) response in opposition have been received. A public hearing notice will be published in the "San Antonio Express" prior to the City Council Meeting. Additionally, one (1) sign was placed on the subject property along FM 3009.
Subject Property:
| Zoning | Land Use | |
| Existing | Office Professional District (OP) | Undeveloped |
| Proposed | Neighborhood Services (NS) | Automated Car Wash |
Adjacent Properties:
| Zoning | Land Use | |
| North | Single-Family Residential District (R-1) | Single Family Residence |
| South | Single-Family Residential District (R-1) | Single Family Residence |
| East | TxDOT Right-of-Way | FM 3009, also known as Roy Richard |
| West | Single-Family Residential District (R-1) | Single Family Residence |
GOAL
The proposed zone change is for approximately 1.4 acres of land to Neighborhood Services District (NS). The applicant wishes to rezone the property to develop an Automated Car Wash.
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
When evaluating zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below.
1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map;
The proposed Neighborhood Services District (NS) does not implement the policies of the adopted Comprehensive Land Plan.
The Comprehensive Land Plan designates the subject property as Local Corridor. The Local Corridor land use designation is meant to contain conventional retail centers, small scale mixed-use, multifamily development, and residential uses that are of scale and intensity compatible with the surrounding neighborhoods.
To the north, west, and south of the subject property, the properties are Single-Family Residential District (R-1) and are used for single-family residences. To the east of the property is FM 3009 Right-of-Way, and is the subject property's only access point. Although the subject property is located on FM 3009, and has access to FM 3009, the subject property is surrounded by residential zoned properties that are used for single-family homes. As a result of the subject property being nestled within single-family residences, the proposed zone change to Neighborhood Services District (NS) is not compatible.
2. Whether the proposed zoning change or zoning map 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 health, safety, and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. The proposed Neighborhood Services District (NS) dimensional and development standards as stated in Section 21.5.7.B of the Unified Development Code, are not compatible with what is in the immediately surrounding area.
The existing Office Professional District (OP) is more compatible with the immediate surrounding area as it is the least intense commercial zoning district. As per UDC Section 21.5.6, the purpose and intent of the Office Professional District (OP) is to provide ancillary retail services which may include restaurants, coffee shops, and newsstands for office developments. Although the proposed Neighborhood Services District (NS) is intended to provide suitable areas for development of certain limited service and retail uses in proximity to residential uses, it is also intended to be property buffered from residential uses as per UDC Section 21.5.6. The location of the subject property is surrounded by single family residences.
3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;
The subject property is surrounded by Single-Family Residential (R-1) properties that are used for single-family residences. Although the subject property has access to FM 3009, it is not immediately adjacent to other Neighborhood Services District (NS) properties or properties that are already used for commercial purposes.
Additionally, as per UDC Section 21.5.8, Neighborhood Services District (NS) allows uses by right that include alcohol package sales, antique shop, appliances, furniture and home furnishings store, bakery, book store, car wash (automated), civic/convention center, convenience store, day care center, dry cleaning (minor), family or group home, florist, museum, packaging/ mail store, pharmacy, restaurant with a drive in, and retail stores and shops. Neighborhood Services District (NS) restricts permitted uses by right to art gallery, museum, library, banks, beauty salon/ barber shops, places of worship, government facilities, gymnastics/dance studios, health/fitness center, hospital, hotel, medical or dental clinic, schools, municipal uses, post office, print shop (minor), private club, recycling collection point, and restaurants. Many of the allowed uses in Neighborhood Services District (NS) are not appropriate in the immediate area of the land to be reclassified. The existing Office Professional District (OP) and permitted uses is more appropriate in the immediate area of the land to be reclassified.
4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area;
The subject property and surrounding area is serviced by the City of Schertz for sewer and water. Along FM 3009, there is an existing 12" Water Line and an 8" Sewer Line. FM 3009 is a TXDOT Road, and is classified as a Principal Arterial with a planned 120'-130' Right-Of-Way width. The subject property has an existing curb cut on FM 3009, but any proposed driveways will need to be reviewed by the City of Schertz Engineering Department and the Texas Department of Transportation.
The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services.
5. Whether there have been environmental and/or economical changes which warrant the requested change;
FM 3009 has been developing as a corridor that serves the local needs of residents and the surrounding neighborhoods. Although the subject property is located along FM 3009 and can take advantage of the immediate access it has to the right-of-way, the location of the proposed zone change is inappropriate to the surrounding neighborhood due to the adjacent single-family residences.
6. Whether there is an error in the original zoning of the property for which a change is requested;
There was no error in the original zoning of the property. The subject property was annexed into the City of Schertz in the early 70s.
7. Whether all of the applicant's back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and,
This does not impact the Planning and Zoning Commission recommendation to City Council.
8. Whether other criteria are met, 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.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council.
1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map;
The proposed Neighborhood Services District (NS) does not implement the policies of the adopted Comprehensive Land Plan.
The Comprehensive Land Plan designates the subject property as Local Corridor. The Local Corridor land use designation is meant to contain conventional retail centers, small scale mixed-use, multifamily development, and residential uses that are of scale and intensity compatible with the surrounding neighborhoods.
To the north, west, and south of the subject property, the properties are Single-Family Residential District (R-1) and are used for single-family residences. To the east of the property is FM 3009 Right-of-Way, and is the subject property's only access point. Although the subject property is located on FM 3009, and has access to FM 3009, the subject property is surrounded by residential zoned properties that are used for single-family homes. As a result of the subject property being nestled within single-family residences, the proposed zone change to Neighborhood Services District (NS) is not compatible.
2. Whether the proposed zoning change or zoning map 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 health, safety, and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. The proposed Neighborhood Services District (NS) dimensional and development standards as stated in Section 21.5.7.B of the Unified Development Code, are not compatible with what is in the immediately surrounding area.
| Table 21.5.7.B Dimensional Requirements Non-Residential Zoning Districts (d) |
|||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Minimum Lot Size and Dimensions | Minimum Yard Setback (Ft) | Miscellaneous Requirements | |||||||||
| Code | Zoning District | Area Sq. Ft. | Width Ft. | Depth Ft. | Front Ft. | Rear Adj. Non-res Zone | Rear Adj. Res Zone | Side Adj. Non-Res Zone | Side Adj to Res Zone | Max Height Ft. | Maximum Impervious Coverage |
| NS | Neighborhood Services | 10,000 | 100 | 100 | 25 | 0 | 25 | 0 | 25 | 35 | 80% |
The existing Office Professional District (OP) is more compatible with the immediate surrounding area as it is the least intense commercial zoning district. As per UDC Section 21.5.6, the purpose and intent of the Office Professional District (OP) is to provide ancillary retail services which may include restaurants, coffee shops, and newsstands for office developments. Although the proposed Neighborhood Services District (NS) is intended to provide suitable areas for development of certain limited service and retail uses in proximity to residential uses, it is also intended to be property buffered from residential uses as per UDC Section 21.5.6. The location of the subject property is surrounded by single family residences.
3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;
The subject property is surrounded by Single-Family Residential (R-1) properties that are used for single-family residences. Although the subject property has access to FM 3009, it is not immediately adjacent to other Neighborhood Services District (NS) properties or properties that are already used for commercial purposes.
Additionally, as per UDC Section 21.5.8, Neighborhood Services District (NS) allows uses by right that include alcohol package sales, antique shop, appliances, furniture and home furnishings store, bakery, book store, car wash (automated), civic/convention center, convenience store, day care center, dry cleaning (minor), family or group home, florist, museum, packaging/ mail store, pharmacy, restaurant with a drive in, and retail stores and shops. Neighborhood Services District (NS) restricts permitted uses by right to art gallery, museum, library, banks, beauty salon/ barber shops, places of worship, government facilities, gymnastics/dance studios, health/fitness center, hospital, hotel, medical or dental clinic, schools, municipal uses, post office, print shop (minor), private club, recycling collection point, and restaurants. Many of the allowed uses in Neighborhood Services District (NS) are not appropriate in the immediate area of the land to be reclassified. The existing Office Professional District (OP) and permitted uses is more appropriate in the immediate area of the land to be reclassified.
4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area;
The subject property and surrounding area is serviced by the City of Schertz for sewer and water. Along FM 3009, there is an existing 12" Water Line and an 8" Sewer Line. FM 3009 is a TXDOT Road, and is classified as a Principal Arterial with a planned 120'-130' Right-Of-Way width. The subject property has an existing curb cut on FM 3009, but any proposed driveways will need to be reviewed by the City of Schertz Engineering Department and the Texas Department of Transportation.
The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services.
5. Whether there have been environmental and/or economical changes which warrant the requested change;
FM 3009 has been developing as a corridor that serves the local needs of residents and the surrounding neighborhoods. Although the subject property is located along FM 3009 and can take advantage of the immediate access it has to the right-of-way, the location of the proposed zone change is inappropriate to the surrounding neighborhood due to the adjacent single-family residences.
6. Whether there is an error in the original zoning of the property for which a change is requested;
There was no error in the original zoning of the property. The subject property was annexed into the City of Schertz in the early 70s.
7. Whether all of the applicant's back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and,
This does not impact the Planning and Zoning Commission recommendation to City Council.
8. Whether other criteria are met, 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.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council.
RECOMMENDATION
Due to the incompatibility of the proposed Neighborhood Services District (NS) within an enclave of Single-Family Residential (R-1) properties, Staff recommends denial of PLZC20240003.