Owner: TWC Associates Profit Sharing Plan & Trust
Applicant: Brown and McDonald
Project Engineer: Andrew Belton, P.E./ Pape-Dawson Consulting Engineers, LLC
 

Date:	Application Submittal Type:
June 13, 2023	Specific Use Permit

On August 8th, four (4) 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, (1) response in favor, (0) responses neutral, and (0) responses in opposition have been received. A public hearing notice will be published in the San Antonio Express prior to the City Council meeting.

The applicant is requesting a Specific Use Permit to allow automobile sales with repairs on approximately 4.5 acres of land, located at the intersection of I-35 N Access Road and Legacy Oaks Parkway, City of Schertz, Guadalupe County, Texas, property ID:64672. The subject property is currently undeveloped and currently zoned General Business District (GB). The applicant is also requesting a zone change to General Business-2 District (GB-2) in addition to the Specific Use Permit. As per the UDC Section 21.5.8, a Specific Use Permit is required for Automobile Sales in General Business-2 District (GB-2).  The applicant is proposing a 32,779 square foot automobile sales building with repairs and a 936 square foot make-ready building. Vehicle storage parking will also be provided in the rear of the property.

	Zoning	Land Use
North	Right of Way	IH-35 N Access Road
South	Apartment/Multi-family Residential District (R-4)	Apartments / Multi-Family
East	General Business District (GB) & Right of Way	Convenience Store with Covered Gas Pumps and Car Wash Legacy Oaks Parkway
West	City of Selma	Vacant; City of Selma

The subject property lies at the intersection of IH-35 N Access Road and Legacy Oaks Parkway, and is currently zoned General Business District (GB) and  is currently vacant/undeveloped. Directly to the north is the IH-35 N Access Road and to the west the property is vacant and in the City of Selma. To the east, passing the right of way, there is a convenience store with covered gas pumps and a self-service car wash. The property immediately adjacent to the south is being used for apartments.

The Comprehensive Land Use Plan, identifies this area as Commercial Campus. The Commercial Campus land use designation is intended for lower intensity commercial and office uses. Lower intensity commercial would include smaller retail and service establishments that are generally oriented toward serving the overall needs of the entire community. Additionally, the proposed make-ready building and vehicle storage is adjacent and facing the residential use. The intent of the Unified Development Code through the Comprehensive Plan is to protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City by ensuring the safe, orderly and efficient development and expansion of the City. The proposed specific use permit for Automobile Sales would have adverse impact on the surrounding residential community. 

Per the letter of intent and conceptual site plan, the applicant is proposing to construct an approximately 32,779 square foot building for automobile sales and repairs and a 936 square foot make ready building on approximately 4.5 acres of land. Access to the site is proposed to be through two (2) access points: one (1) onto the IH-35 N Access Road, and one (1) driveway onto Legacy Oaks Parkway.

If the Specific Use Permit is approved the applicant will have to go through the site plan process in conformance with UDC Section 21.9.12. and will have to meet all City of Schertz UDC requirements as listed in Article 9. At the time of the site plan a Traffic Impact Analysis Study will be reviewed by both the City of Schertz Engineering Department and the Texas Department of Transportation. In addition, the proposed parking areas will have to meet all current regulations within UDC Article 10; the conceptual site plan proposes one hundred thirteen (113) parking spaces, and sixty-two (62) vehicle storage spaces.

The current zoning on the property is General Business District (GB) and the proposed Specific Use Permit would require a zone change to General Business-2 District (GB-2). In February 2009, the new Unified Development Code was adopted and replaced the previous 96-S-28 Unified Development Code. With this new adoption of 09-S-06, the land use of Automobile Sales New/ Used was changed to Automobile Sales. Additionally, ordinance 09-S-06, modified 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 Light Manufacturing District (M-1) and Heavy Manufacturing District (M-2). 

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 with a Specific Use Permit and there are no General Business-2 District (GB-2) zoned properties that share a property line with a residential use that also have a Specific Use Permit. Additionally, there are no automobile sales within the City of Schertz city limits along either side of IH-35. The proposed development is inconsistent with the current surrounding land uses in the immediate area and along IH-35. City Council has previously expressed in meetings that they do not desire Automobile Sales as a use along the IH-35 Frontage Road. 

The Comprehensive Land Use Plan, 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 Specific Use Permit of automobile sales with repair would not be an appropriate land use, due to the higher intensity that is being proposed that would not meet the intent of the Commercial Campus Land Use Designation of the Comprehensive Land Use Plan. Additionally, the proposed development is inconsistent with the existing surrounding land uses.

Staff recommends denial of PLSPU20230146.

Planning Department Recommendation
	Approve as submitted
	Approve with conditions*
X	Denial

* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.

The Planning and Zoning Commission is making a recommendation to City Council on the proposed Specific Use Permit and associated conceptual site plan. In considering action on a Specific Use Permit application, the Commission should consider the criteria within UDC, Section 21.5.11 D.