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

Date	Application Type
June 13, 2023	Zone Change Request

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 proposing to rezone approximately 4.5 acres of land to General Business-2 District (GB-2). The subject property is currently zoned General Business District (GB). The subject property is currently undeveloped.

	Zoning	Land Use
Existing	General Business District (GB)	Undeveloped
Proposed	General Business-2 District (GB-2)	Commercial Automobile Sales & Repair

Adjacent Properties: 

	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 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 auto sales and repairs, a 936 square foot make ready building, and vehicle storage at the rear of the property. 

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 Schertz Sector Plan also describes the Commercial Campus Land Use Designation as smaller scale garden office and multifamily as transitions to single-family. 

• Comprehensive Plan Goals and Objectives: 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.  
• Impact of Infrastructure: The proposed zoning request should have minimal impact on existing infrastructure. If the zone change were approved, the property would be required to go through the platting process, commercial site plan process, and building permits. During this development process any infrastructure improvements would be determined and required. 
• Impact of Public Facilities/Services: The proposed zoning request would have minimal impact on existing public services.
• Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently adjacent to multifamily apartments, IH-35 N Access Road right of way, Legacy Oaks Parkway right of way, and undeveloped land in City of Selma City Limits. While some aspects of the proposed General Business-2 District may be compatible with existing and potential adjacent land uses, others are not.

The subject property is currently zoned General Business District (GB).  The intent of the General Business District 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 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 may pose an adverse impact on surrounding property uses. The proposed General Business-2 District 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 the Light Manufacturing District (M-1) and Heavy Manufacturing District (M-2). City Council has previously indicated that they desire the IH-35 frontage properties to remain lower intense use commercial and retail which is more consistent with the existing General Business zoning district.

Within the City of Schertz city limits, along the southern portion of the IH-35 access road, there are no currently zoned General Business District II (GB-2) properties and there are no General Business-2 District (GB-2) zoned properties that share a property line with a residential use. The heavier industrial uses in the City of Schertz are located in 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 is inconsistent with the surrounding property uses which include residential, small professional offices, and community services.

While some aspects of the proposed General Business-2 District (GB-2) are compatible with the Comprehensive Land Use designation of Commercial Campus, others are not. Additionally, the proposed General Business-2 District (GB-2) may pose an adverse impact on adjacent land uses. The existing General Business District (GB) and the allowable uses within the General Business District (GB) are more compatible with the Comprehensive Plan Land Use Designation, adjacent land uses, and what is existing in the IH-35 Corridor.

Staff recommends denial of PLZC20230144.
 

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 zoning application. in considering action on a zoning application, the Commission should consider the criteria within UDC, Section, 21.5.4 D.