The applicant is requesting a Specific Use Permit to allow automobile sales on approximately 4.5 acres of land, located at the intersection of IH 35 N Access Road and Legacy Oaks Parkway, also known as 16746 IH 35 N, Schertz, Guadalupe County, Texas, Guadalupe County Property Identification Number 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). More specifically, the applicant is proposing a 32,779 square foot automobile sales building with repairs, a 936 square foot make-ready building, and vehicle storage at the rear of the property. 

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 one (1) response 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.

The proposed Specific Use Permit is to allow Automobile Sales on approximately 4.5 acres of land located at 16746 IH 35 N.

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

The applicant is proposing to construct a 32,779 square foot automobile sales building with repairs, a 936 square foot make ready building, and vehicle storage at the rear of the property. Per the conceptual plan, one driveway is proposed along IH 35 N Access Road, which will be reviewed by the Texas Department of Transportation and another along Legacy Oaks Parkway. 

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 Legacy Oaks right-of-way, there is a convenience store zoned General Business District (GB). The property immediately adjacent to the south is being used for apartments and is currently zoned Apartment/Multi-family Residential District (R-4).

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 would post an adverse impact on the surrounding residential community. 

The Planning & Zoning Commission conducted a public hearing on August 23, 2023, and offered a recommendation of approval by a 7-0 vote. 

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 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).

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 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 the 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 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. Approval of a Specific Use Permit authorizes a property owner to submit subsequent development applications consistent with the approved Specific Use Permit. 

Therefore, Staff recommends denial of the Specific Use Permit to allow Automobile Sales at the subject property.