| PLANNING AND ZONING COMMISSION MEETING: 08/07/2024 Agenda Item 5 A |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | |
| SUBJECT: | PLSPU20240142 - Hold a public hearing and make a recommendation on a Specific Use Permit to allow for a Convenience Store with Gas Pumps in General Business District (GB), on approximately 1.61 acres of land, known as Bexar County Property Identification Number 1396038, generally located southwest of the intersection of FM1518 and Schaefer Road, City of Schertz, Bexar County, Texas. |
BACKGROUND
The applicant is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 1.61 acres of land, located at the intersection of Schaefer Road and FM 1518. The subject property is currently zoned General Business (GB) and is undeveloped. Per the submitted Letter of Intent, the applicant is proposing a strip center with a convenience store, a gas station with electric vehicle charging stations, and a shopping center. UDC Section 21.5.8 Permitted Use Table requires a Specific Use Permit for convenience stores with gas pumps.
On July 26, 2024, eighteen (18) 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, zero (0) responses in favor, zero (0) responses neutral, and eight (8) responses opposed have been received. A public hearing notice will be published in the San Antonio Express prior to the City Council meeting.
This item was previously heard on November 23, 2023 by the Planning and Zoning Commission. The Commission voted to recommend approval with a 4-2 vote. On December 19, 2023 City Council heard the item and voted to deny the request (the approval motion failed with a 3-4 vote).
UDC Section 21.4.5 Post-Decision Procedures, requires that applicants wait 6 months after the date of the denial to submit the same development application.
Subject Property:
Adjacent Properties:
On July 26, 2024, eighteen (18) 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, zero (0) responses in favor, zero (0) responses neutral, and eight (8) responses opposed have been received. A public hearing notice will be published in the San Antonio Express prior to the City Council meeting.
This item was previously heard on November 23, 2023 by the Planning and Zoning Commission. The Commission voted to recommend approval with a 4-2 vote. On December 19, 2023 City Council heard the item and voted to deny the request (the approval motion failed with a 3-4 vote).
UDC Section 21.4.5 Post-Decision Procedures, requires that applicants wait 6 months after the date of the denial to submit the same development application.
Subject Property:
| Zoning | Land Use | |
| Existing | General Business District (GB) | Undeveloped |
| Proposed | General Business District (GB) | Convenience Store with Gas Pumps |
Adjacent Properties:
| Zoning | Land Use | |
| North | Right of Way | Schaefer Road |
| South | Right of Way | Brook Orchard Road |
| East | Right of Way | FM 1518 |
| West | Single-Family Residential (R-6) | Willow Grove Estates Unit 1 |
GOAL
The goal of this project is to develop a convenience store with gas pumps upon the approval of the 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
1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan.
This property is designated as Complete Neighborhood. Complete Neighborhood incorporates a variety of housing types with limited commercial in the manner of traditional neighborhood design. The commercial provision within the Complete Neighborhood designation is consistent with the proposed Specific Use Permit.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
This property is zoned General Business District (GB). This district is intended to provide suitable areas for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The proposed convenience store with gas pumps would meet 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.
Given the adjacent commercial development, neighboring commercial zoning districts, and the property abutting FM 1518, a principal arterial, the proposed use is compatible with the character and integrity of the neighborhood. The applicant will have to meet all site design standards in UDC Article 9. This is typically done during the site plan process and is in place to ensure adverse effects of development are minimized and mitigated on neighboring properties.
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 property abuts three separate rights of way, providing options to minimize conflict with existing traffic. The applicant will have to go through the site plan process if this proposed Specific Use Permit is approved. Any access point along FM1518 will need approval from the Texas Department of Transportation, and the City of Schertz Engineering Department will review a more detailed traffic impact analysis at the time of the site plan process.
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 applicant is not required to submit, nor have they provided anything demonstrating roadway adjustments or traffic control devices. The City of Schertz Engineering Department will review a more detailed traffic impact analysis at the time of the site plan process, and will determine what traffic mitigation methods will be required.
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 UDC Article 9, including the screening and buffering that will be required for the neighboring residential properties to the west. This will include a minimum eight-foot masonry screening wall and a minimum twenty-foot landscape buffer adjacent to the property line of the residential use. UDC Article 9 is in place to ensure adverse effects are minimized and mitigated. Additionally, the City adheres to the recommendations in the JBSA Joint Land Use Study (JLUS). Among these are enhanced lighting standards found in UDC Section 21.9.11. which include requirements such as lighting setbacks being equal to their height, or light sources being concealed from residential properties.
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 (GB) as stipulated in UDC Article 5, 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.
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 existing General Business zoning of the subject property and adjacent properties indicates commercial intention for this area. The proposed use is compatible with the surrounding area. Also, the proposed development would provide a transitional use by acting as a buffer for the residential portions of the Willow Grove Subdivision from FM 1518, which is a principal arterial. Additionally, Schertz Fire, EMS, and Police Departments were notified of the Specific Use Permit request and have provided no objections.
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 the Planning and Zoning Commission or the first reading from City 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 have ensured all UDC requirements have been met, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council.
Due to the conformance with the Comprehensive Plan and the zoning district, as well as the consistency with the surrounding land uses. Staff is recommending approval of PLSPU20240142.
This property is designated as Complete Neighborhood. Complete Neighborhood incorporates a variety of housing types with limited commercial in the manner of traditional neighborhood design. The commercial provision within the Complete Neighborhood designation is consistent with the proposed Specific Use Permit.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
This property is zoned General Business District (GB). This district is intended to provide suitable areas for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The proposed convenience store with gas pumps would meet 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.
Given the adjacent commercial development, neighboring commercial zoning districts, and the property abutting FM 1518, a principal arterial, the proposed use is compatible with the character and integrity of the neighborhood. The applicant will have to meet all site design standards in UDC Article 9. This is typically done during the site plan process and is in place to ensure adverse effects of development are minimized and mitigated on neighboring properties.
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 property abuts three separate rights of way, providing options to minimize conflict with existing traffic. The applicant will have to go through the site plan process if this proposed Specific Use Permit is approved. Any access point along FM1518 will need approval from the Texas Department of Transportation, and the City of Schertz Engineering Department will review a more detailed traffic impact analysis at the time of the site plan process.
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 applicant is not required to submit, nor have they provided anything demonstrating roadway adjustments or traffic control devices. The City of Schertz Engineering Department will review a more detailed traffic impact analysis at the time of the site plan process, and will determine what traffic mitigation methods will be required.
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 UDC Article 9, including the screening and buffering that will be required for the neighboring residential properties to the west. This will include a minimum eight-foot masonry screening wall and a minimum twenty-foot landscape buffer adjacent to the property line of the residential use. UDC Article 9 is in place to ensure adverse effects are minimized and mitigated. Additionally, the City adheres to the recommendations in the JBSA Joint Land Use Study (JLUS). Among these are enhanced lighting standards found in UDC Section 21.9.11. which include requirements such as lighting setbacks being equal to their height, or light sources being concealed from residential properties.
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 (GB) as stipulated in UDC Article 5, 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.
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 existing General Business zoning of the subject property and adjacent properties indicates commercial intention for this area. The proposed use is compatible with the surrounding area. Also, the proposed development would provide a transitional use by acting as a buffer for the residential portions of the Willow Grove Subdivision from FM 1518, which is a principal arterial. Additionally, Schertz Fire, EMS, and Police Departments were notified of the Specific Use Permit request and have provided no objections.
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 the Planning and Zoning Commission or the first reading from City 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 have ensured all UDC requirements have been met, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council.
Due to the conformance with the Comprehensive Plan and the zoning district, as well as the consistency with the surrounding land uses. Staff is recommending approval of PLSPU20240142.
RECOMMENDATION
Approval of PLSPU20240142.