The applicant is requesting to rezone approximately 1.4 acres of land from Office and Professional District (OP) to Neighborhood Services District (NS). The subject property is currently undeveloped.

On September 17, 2024, twelve (12) 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, one (1) response in favor, zero (0) responses neutral, and zero (0) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on Wednesday, October 23, 2024. Additionally, one (1) sign was placed on the subject property along FM 3009. The Planning and Zoning Commission held a public hearing for this item on October 2, 2024.

The applicant has previously applied for a proposed zone change from Office Professional District (OP) to Neighborhood Services District (NS), at the subject property, and the Planning and Zoning Commission held a public hearing in May 2024. The Planning and Zoning Commission made a recommendation for denial with a 5-1 vote to City Council. The applicant withdrew the application before it could be heard at City Council.

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.

It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth.

When considering Zone change requests, Staff considers the criteria listed in UDC Section 21.5.4.D. The criteria are listed below.

1. Whether the proposed zoning change implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans;
The proposed Neighborhood Services District (NS) is not inherently incompatible with 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. Although the proposed Neighborhood Services District (NS) and existing Office and Professional District (OP) do meet the intent of the Local Corridor Land Use Designation, the surrounding subject property zoning designations make the proposed land uses allowed by right in Neighborhood Services District (NS) incompatible.

To the north, west, and south of the subject property, the properties are Single-Family Residential District (R1) 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 promotes the health, safety, and general welfare 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 properly buffered from residential uses as per UDC Section 21.5.6. The location of the subject property is surrounded by single-family residences.

The City of Schertz Police, Fire and EMS Departments have reviewed the proposed zone change. The Police Department expressed concerns in relation to the potential number of vehicles within the automated car wash in relation to stacking on site and potential traffic flow issues including overflow onto FM 3009. The applicant did not submit a conceptual or proposed site plan with their zone change application submittal. 

3. Whether the uses permitted by the proposed zone change will be consistent and appropriate with existing uses in the immediate area;
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.

Office Professional District (OP) 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 are more appropriate in the immediate area of the land to be reclassified.

4. Whether other factors 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.

UDC Article 9 requires additional screening between residential and commercial uses, which requires a solid 8-foot masonry wall with a 20-foot landscape buffer and one (1) tree every thirty (30) linear feet.  Although these additional site design requirements are in place to create additional buffering between the single-family homes and commercial uses, there are concerns over the uses allowed within the proposed Neighborhood Services District (NS) that are not compatible with the surrounding area.

Staff Recommendation
Due to the incompatibility of the proposed Neighborhood Services District (NS) within an enclave of Single Family Residential District (R-1) properties, Staff recommends denial of Ordinance 24-S-161.

Planning and Zoning Commission
On October 2, 2024, the Planning and Zoning Commission held a public hearing on the item and made a recommendation of approval with a 5-2 vote, with Commissioner Hector and Commissioner Wallace with the nay votes.