| PLANNING AND ZONING COMMISSION MEETING: 07/03/2024 Agenda Item 5 C |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | |
| SUBJECT: | PLSPU20240112 - Hold a public hearing and make a recommendation on a Specific Use Permit to allow a monopole telecommunication facility on approximately 1 acre of land, known as Guadalupe County Property Identification Number 47083, more specifically known as 120 Windy Meadows Drive, City of Schertz, Guadalupe County, Texas. |
BACKGROUND
The applicant is requesting a Specific Use Permit to allow a monopole telecommunication facility at the rear of approximately 1 acre of land, located at 120 Windy Meadows.
The subject property is zoned General Business District - 2 (GB-2) and is currently being used as a commercial business. The applicant is proposing to construct a telecommunication antenna on a portion of the existing lot.
On June, 21, 2024, ten (10) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of this staff report, (0) responses in favor, (1) response neutral, and (0) responses in opposition have been received.
A public hearing notice is going to be published in the San Antonio Express for this Specific Use Permit prior to being heard by the City Council tentatively scheduled on August 6th.
Subject Property:
Adjacent Properties:
The subject property is zoned General Business District - 2 (GB-2) and is currently being used as a commercial business. The applicant is proposing to construct a telecommunication antenna on a portion of the existing lot.
On June, 21, 2024, ten (10) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of this staff report, (0) responses in favor, (1) response neutral, and (0) responses in opposition have been received.
A public hearing notice is going to be published in the San Antonio Express for this Specific Use Permit prior to being heard by the City Council tentatively scheduled on August 6th.
Subject Property:
| Zoning | Land Use | |
| Existing | General Business - 2 (GB-2) | Commercial Business |
| Proposed | General Business - 2 (GB-2) | Commercial Business with Additional Monopole Telecommunication Facility |
Adjacent Properties:
| Zoning | Land Use | |
| North | Right of Way (ROW) | Windy Meadows Drive |
| South | General Business - 2 (GB-2) | Commercial Business |
| East | General Business - 2 (GB-2) | City of Schertz Public Use |
| West | General Business - 2 (GB-2) | Commercial Business |
GOAL
The proposed Specific Use Permit is to allow a telecommunication antenna on the property. The applicant is proposing to construct the tower to reach a maximum height of 120 feet.
- Per UDC Article 8, Section 21.8.6.G. Placement of Antenna Facilities, 120 Windy Meadows is categorized as a "Full Commercial" property.
- Per UDC Article 8, Section 21.8.6.I. Antenna Facility Siting Matrix, antenna facilities that reach a height of 120 feet on properties within the "Full Commercial" classification must first be approved for a Specific Use Permit.
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 Specific Use Permits, staff uses the criteria listed in UDC section 21.5.11.D. The criteria are listed below.
1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan.
The Comprehensive Plan designates this property as Industrial Hub. The primary use of the property is not changing. This proposal to add a telecommunication tower conforms with the Comprehensive Land Use Plan.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
General Business District-2 (GB-2) is intended to provide suitable areas for the development of non-residential and light industrial uses that offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The telecommunication antenna would help meet the needs of the entire community and is compatible with the commercial and light-industrial uses permitted, thus meeting the intent of the zoning district.
3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods.
UDC 21.8.6.J.2 requires that Planning and Zoning consider both "the appropriateness of the location and design of the Antenna Facility" and "aesthetics". Given that the surrounding area is primarily higher-intensity commercial and some light-industrial activity, this proposal would be compatible and does not impact the character of the adjacent developments.
4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood.
The proposed telecommunication antenna will not generate traffic.
5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets.
The proposed telecommunication antenna will not be required to incorporate traffic mitigation methods.
6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties.
The proposed development will have to meet all site requirements in Article 9 including the screening and buffering that will be required. Article 9 is in place to ensure adverse effects are minimized and mitigated.
7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood.
The proposed development will have to meet all dimensional and design requirements of the General Business District -2 (GB-2) as stipulated in UDC Section 21.5.7. No variations to the requirements have been requested.
8. The proposed [use] promotes the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.
UDC Section 21.8.6.A. also states that telecommunication antennas shall "encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal". Locating the antenna facility in an area that is surrounded by higher-intensity commercial and some light-industrial uses ensures community impact is minimal, thus promoting efficient and healthful development.
Additionally, expanding the capacity of reliable communication services helps promote the health, safety and general welfare of the city.
9. No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full.
This does not impact consideration by P&Z or the first reading from Council.
10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Permit.
Staff has ensured all UDC requirements have been met, and at this time have not received and special considerations from the Planning and Zoning Commission or the City Council.
Staff reached out to the city's consultant who advises Schertz regarding telecommunication antennas, and they found no issues with the proposed placement of the facility.
The applicant submitted a Federal Aviation Administration study that concluded the proposal does not exceed obstruction standards and would not be a hazard to air navigation. Additionally, JBSA has reviewed this proposal and submitted a letter of no objection to staff.
Therefore, Staff recommends approval of the Specific Use Permit to allow a telecommunication antenna at the subject property conditioned upon the following:
A building permit is approved within two years of the adoption of the SUP Ordinance.
1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan.
The Comprehensive Plan designates this property as Industrial Hub. The primary use of the property is not changing. This proposal to add a telecommunication tower conforms with the Comprehensive Land Use Plan.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
General Business District-2 (GB-2) is intended to provide suitable areas for the development of non-residential and light industrial uses that offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The telecommunication antenna would help meet the needs of the entire community and is compatible with the commercial and light-industrial uses permitted, thus meeting the intent of the zoning district.
3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods.
UDC 21.8.6.J.2 requires that Planning and Zoning consider both "the appropriateness of the location and design of the Antenna Facility" and "aesthetics". Given that the surrounding area is primarily higher-intensity commercial and some light-industrial activity, this proposal would be compatible and does not impact the character of the adjacent developments.
4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood.
The proposed telecommunication antenna will not generate traffic.
5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets.
The proposed telecommunication antenna will not be required to incorporate traffic mitigation methods.
6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties.
The proposed development will have to meet all site requirements in Article 9 including the screening and buffering that will be required. Article 9 is in place to ensure adverse effects are minimized and mitigated.
7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood.
The proposed development will have to meet all dimensional and design requirements of the General Business District -2 (GB-2) as stipulated in UDC Section 21.5.7. No variations to the requirements have been requested.
8. The proposed [use] promotes the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.
UDC Section 21.8.6.A. also states that telecommunication antennas shall "encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal". Locating the antenna facility in an area that is surrounded by higher-intensity commercial and some light-industrial uses ensures community impact is minimal, thus promoting efficient and healthful development.
Additionally, expanding the capacity of reliable communication services helps promote the health, safety and general welfare of the city.
9. No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full.
This does not impact consideration by P&Z or the first reading from Council.
10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Permit.
Staff has ensured all UDC requirements have been met, and at this time have not received and special considerations from the Planning and Zoning Commission or the City Council.
Staff reached out to the city's consultant who advises Schertz regarding telecommunication antennas, and they found no issues with the proposed placement of the facility.
The applicant submitted a Federal Aviation Administration study that concluded the proposal does not exceed obstruction standards and would not be a hazard to air navigation. Additionally, JBSA has reviewed this proposal and submitted a letter of no objection to staff.
Therefore, Staff recommends approval of the Specific Use Permit to allow a telecommunication antenna at the subject property conditioned upon the following:
A building permit is approved within two years of the adoption of the SUP Ordinance.
RECOMMENDATION
Approval of PLSPU20240012