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Agenda No. 8.
 
CITY COUNCIL MEMORANDUM
 
City Council Meeting: September 19, 2023
Department: Planning & Community Development
Subject: Ordinance 23-S-21 - Conduct a public hearing to consider a request to rezone approximately 4.5 acres of land from General Business District (GB) to General Business-2 District (GB-2), located at the intersection of IH 35 Access Road and Legacy Oaks Parkway, also known as 16746 IH 35 N, Schertz, Guadalupe County, Texas, also known as Guadalupe County Property Identification Number 64672. First Reading (B. James, L. Wood, D. Marquez)

BACKGROUND

The applicant is proposing to rezone approximately 4.5 acres of land from General Business District (GB) to General Business-2 District (GB-2).

Four (4) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on August 8, 2023. A public hearing notice was published in the San Antonio Express on August 30, 2023. At the time of this report, staff has received two (2) responses in favor, zero (0) opposed, and zero (0) responses neutral to the proposed request. Additionally, two (2) Public Hearing Notice signs were placed on the property on August 11, 2023. The Planning and Zoning Commission conducted a public hearing on this item at the August 23, 2023 meeting. 

GOAL

The proposed zoning is for approximately 4.5 acres of land from General Business District (GB) to General Business-2 District (GB-2). Per the letter of intent submitted with the application, the applicant desires to develop the property for automobile sales to include a 32,779 square foot building for Automobile Sales and repairs, a 936 square foot make ready building, and vehicle storage at the rear of the property.

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

The Comprehensive Land Use Plan (CLUP) designates this subject property as Commercial Campus. The Commercial Campus land use designation is intended to encourage the development of lower intensity commercial and office uses as a buffer between IH 35 and adjoining neighborhoods. The proposed zone change to General Business-2 District (GB-2) is not in conformance with the intended transition to adjoining uses. Additionally, Commercial Campus is intended for lower intensity commercial which is more consistent with the existing General Business District (GB). 

The subject property is currently zoned General Business District (GB). The intent of the General Business District (GB) is to provide suitable areas for development of non-residential uses which offer retail and service establishments that are oriented toward serving the overall needs of the entire community. The proposed zone change to General Business-2 District (GB-2) would allow for more intense land uses. The intent of the General Business-2 District (GB-2)  is to provide areas of development for non-residential uses and light industrial uses that generate heavier traffic. Light industrial uses at the subject property will pose an adverse impact on surrounding property uses. Specifically, General Business-2 District (GB-2) allows by right an Airport/Helipad, Bottling Works, Cabinet or Upholstery Shop, Office-Warehouse/Distribution Center, Recycling Collection Center, etc. The proposed General Business-2 District (GB-2) is inconsistent with the existing land uses and what is desired along the IH 35 corridor.

In February 2009, Ordinance 09-S-06, changed the Unified Development Code (UDC) to require a Specific Use Permit for Automobile Sales in General Business-2 District (GB-2) and permitted by right in Manufacturing District-Light (M-1) and Manufacturing District-Heavy (M-2). City Council has previously indicated that they desire the IH-35 frontage properties to remain light commercial and retail, which is more consistent with the existing General Business District (GB).

Within the City of Schertz city limits, along the southern portion of the IH 35 access road, there are no currently zoned General Business-2 District (GB-2) properties and there are no General Business-2 District (GB-2) properties that share a property line with a residential use. The heavier industrial uses in the City of Schertz are located in the northern portion of the IH 35 corridor and are not immediately adjacent to the IH 35 frontage road. Additionally, the proposed General Business-2 District (GB-2) is inconsistent with the surrounding property uses which includes residential, small professional offices, and community services.

RECOMMENDATION

The Planning and Zoning Commission conducted a public hearing on August 23, 2023 where the Commission made a recommendation of approval which passed by a 5-2 vote with Chairman Outlaw and Commissioner Brown voting nay. 

Due to the proposed General Business-2 District (GB-2) posing potential adverse impacts on adjacent land uses, and the existing General Business District (GB) and allowable uses within the General Business District (GB) being more compatible with the Comprehensive land use designation, adjacent land uses, and what is existing in the southern IH 35 corridor, Staff recommends denial of the proposed rezone from General Business District (GB) to General Business-2 District (GB-2) at the subject property. 

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