| PLANNING AND ZONING COMMISSION MEETING: 11/06/2024 Agenda Item 5 A |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | Daisy Marquez, Senior Planner |
| SUBJECT: | PLSPU20240229 - Hold a public hearing and make a recommendation on a Specific Use Permit to allow a convenience store with gas pumps on approximately 2.2 acres of land zoned General Business District (GB), located at the intersection of Schertz Parkway and Live Oak Road, also known as Guadalupe County Property Identification Number 145138, City of Schertz, Guadalupe County, Texas. |
BACKGROUND
The applicant is requesting a Specific Use Permit to allow a Convenience Store with Gas Pumps on approximately 2.2 acres of land zoned General Business District (GB). The subject property is currently undeveloped. As per UDC Section 21.5.8, an approved Specific Use Permit is required to allow a Convenience Store with Gas Pumps in General Business District (GB).
On October 22, 2024, sixteen (16) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the Staff Report, zero (0) responses in favor, zero (0) responses were neutral, and two (2) response in opposition have been received. A public hearing notice will be published in the "San Antonio Express" prior to the City Council hearing. Two (2) signs were posted at the subject property by the applicant along Schertz Parkway and Live Oak Road. The City of Schertz Fire, EMS, and Police Departments have been notified of the Specific Use Permit request and have not provided objections or concerns to the request.
Subject Property:
Adjacent Properties:
On October 22, 2024, sixteen (16) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the Staff Report, zero (0) responses in favor, zero (0) responses were neutral, and two (2) response in opposition have been received. A public hearing notice will be published in the "San Antonio Express" prior to the City Council hearing. Two (2) signs were posted at the subject property by the applicant along Schertz Parkway and Live Oak Road. The City of Schertz Fire, EMS, and Police Departments have been notified of the Specific Use Permit request and have not provided objections or concerns to the request.
Subject Property:
| Zoning | Land Use | |
| Existing | General Business District (GB) | Undeveloped |
| Proposed | General Business District (GB) with a Specific Use Permit | Retail & Convenience Store With Gas Pumps |
Adjacent Properties:
| Zoning | Land Use | |
| North | General Business District (GB) | Undeveloped |
| South | Right-Of-Way | Live Oak Road |
| East | Right-Of-Way | Schertz Parkway |
| West | Single-Family Residential District (R-7) | Single-Family Residences (Bindseil Farms) |
GOAL
The applicant is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 2.2 acres of land zoned General Business District (GB). As per the letter of intent, the proposed Convenience Store with Gas Pumps will be part of a larger proposed development.
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 considering 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 of the adopted Comprehensive Land Plan, or any other applicable adopted plans.
The subject property is designated as Local Corridor in the Comprehensive Land Plan - Future Land Use Map. The Local Corridor Land Use designation is described as locally oriented commercial, consisting of conventional retail, and entertainment areas that are of scale and intensity compatible with the surrounding residential neighborhoods, typically situated along medium- to high-volume collector roads.
A Convenience Store with Gas Pumps in General Business District (GB) is not incompatible within the Local Corridor Land Use Designation. However, the proposed specific use at the specified location is not compatible with the policies of the adopted Comprehensive Plan as previous policy has set that gas pumps are not compatible with surrounding residential neighborhoods.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;
As per UDC Section 21.5.6.C, the purpose and intent of the General Business District (GB) is to provide a suitable area 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 that are located along principal transportation corridors. A convenience store with gas pumps is consistent with the general purpose and intent of the applicable zoning district. Although the proposed Specific Use Permit is compatible with General Business District (GB), the proposed gas pumps are not compatible with the existing single family residential to the rear.
3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods.
The proposed Specific Use Permit to allow a convenience store with gas pumps at the subject property is not compatible with the adjacent neighborhood. The subject property is located at the corner of Schertz Parkway and Live Oak Road and is immediately adjacent to single-family residential development. With policy set forth by City Council with denials of similar Specific Use Permit applications, the proposed Convenience Store with Gas pumps is not compatible with the adjacent single-family residential.
4. The proposed use will not adversely affect the overall health, safety or 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. Article 9 of the Unified Development Code requires additional screening between nonresidential and single family/ duplex zoned or used properties. The property is currently zoned General Business District (GB) and any development at the site would require an 8-foot masonry wall with one (1) tree every 30 linear feet that is adjacent to single-family and duplex zoned and used properties, which would be evaluated during the Site Plan Process.
The proposed Specific Use Permit to allow a convenience store with gas pumps does affect the health, safety, and general welfare of the City. Policy set with previous denials shows that Convenience Stores with Gas Pumps adjacent to residential is not desired, even if located along a Principal Arterial, as it is still seen as adversely affecting the health, safety, and welfare of adjacent single-family residential.
5. Whether other factors are deemed relevant and important in the consideration of the Specific Use Permit.
A Convenience Store with Gas Pumps requires an approved Specific Use Permit within General Business District (GB), General Business District-2 (GB-2), and Manufacturing District- Light (M-1). A convenience store without gas pumps is allowed by right in Neighborhood Services District (NS), General Business District (GB), General Business District-2 (GB-2), and Manufacturing District- Light (M-1). The gas pumps are what require the applicant to submit an application for a Specific Use Permit within General Business District (GB).
The City of Schertz Planning and Zoning Commission made a recommendation of denial and City Council denied a Specific Use Permit request for a convenience store with gas pumps proposed at the corner of FM 1518 and Schaefer. The denied request was also adjacent to single family residences. The proposed Specific Use Permit to allow a Convenience Store with Gas Pumps is also adjacent to single-family residential homes and is located along Schertz Parkway, which is similar to the previous denial.
1. The proposed use at the specified location is consistent with the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans.
The subject property is designated as Local Corridor in the Comprehensive Land Plan - Future Land Use Map. The Local Corridor Land Use designation is described as locally oriented commercial, consisting of conventional retail, and entertainment areas that are of scale and intensity compatible with the surrounding residential neighborhoods, typically situated along medium- to high-volume collector roads.
A Convenience Store with Gas Pumps in General Business District (GB) is not incompatible within the Local Corridor Land Use Designation. However, the proposed specific use at the specified location is not compatible with the policies of the adopted Comprehensive Plan as previous policy has set that gas pumps are not compatible with surrounding residential neighborhoods.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;
As per UDC Section 21.5.6.C, the purpose and intent of the General Business District (GB) is to provide a suitable area 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 that are located along principal transportation corridors. A convenience store with gas pumps is consistent with the general purpose and intent of the applicable zoning district. Although the proposed Specific Use Permit is compatible with General Business District (GB), the proposed gas pumps are not compatible with the existing single family residential to the rear.
3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods.
The proposed Specific Use Permit to allow a convenience store with gas pumps at the subject property is not compatible with the adjacent neighborhood. The subject property is located at the corner of Schertz Parkway and Live Oak Road and is immediately adjacent to single-family residential development. With policy set forth by City Council with denials of similar Specific Use Permit applications, the proposed Convenience Store with Gas pumps is not compatible with the adjacent single-family residential.
4. The proposed use will not adversely affect the overall health, safety or 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. Article 9 of the Unified Development Code requires additional screening between nonresidential and single family/ duplex zoned or used properties. The property is currently zoned General Business District (GB) and any development at the site would require an 8-foot masonry wall with one (1) tree every 30 linear feet that is adjacent to single-family and duplex zoned and used properties, which would be evaluated during the Site Plan Process.
The proposed Specific Use Permit to allow a convenience store with gas pumps does affect the health, safety, and general welfare of the City. Policy set with previous denials shows that Convenience Stores with Gas Pumps adjacent to residential is not desired, even if located along a Principal Arterial, as it is still seen as adversely affecting the health, safety, and welfare of adjacent single-family residential.
5. Whether other factors are deemed relevant and important in the consideration of the Specific Use Permit.
A Convenience Store with Gas Pumps requires an approved Specific Use Permit within General Business District (GB), General Business District-2 (GB-2), and Manufacturing District- Light (M-1). A convenience store without gas pumps is allowed by right in Neighborhood Services District (NS), General Business District (GB), General Business District-2 (GB-2), and Manufacturing District- Light (M-1). The gas pumps are what require the applicant to submit an application for a Specific Use Permit within General Business District (GB).
The City of Schertz Planning and Zoning Commission made a recommendation of denial and City Council denied a Specific Use Permit request for a convenience store with gas pumps proposed at the corner of FM 1518 and Schaefer. The denied request was also adjacent to single family residences. The proposed Specific Use Permit to allow a Convenience Store with Gas Pumps is also adjacent to single-family residential homes and is located along Schertz Parkway, which is similar to the previous denial.
RECOMMENDATION
Due to policy set forth with the denial of similar Specific Use Permits to allow Convenience Stores with Gas Pumps at General Business District (GB) properties adjacent to single family residences, Staff recommends denial of PLSPU20240229.