Owner: Trawick and Nancy A Womak 
Applicant: Cheryl Chinen / Designed Realty Group
Project Engineer: Midstream and Terminal Services LLC.
 

Date:	Application Submittal Type:
June 20, 2023	Specific Use Permit

On November 1, 2023, five (5) 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, one (1) response in favor, (0) responses neutral, and (4) 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 a convenience store with gas pumps on approximately 7.8 acres of land, located approximately 51-feet west from the intersection of IH-35 N Access Road and FM 2252, City of Schertz, Comal and Guadalupe County, Texas. The subject property is currently undeveloped and currently zoned General Business District (GB). As per UDC Section 21.5.8, a Specific Use Permit is required for a convenience store with gas pumps in General Business District (GB). The applicant is proposing a 10,827 square foot convenience store, gasoline pumps, a diesel canopy, truck parking at the rear, and an additional 6,000 square foot building with a coffee shop, personal services, and restaurants. 

	Zoning	Land Use
North	Right of Way	IH-35 N Access Road
South	General Business District (GB) & Single-Family Residential/ Agricultural District (R-A)	Undeveloped/ Vacant
East	General Business District (GB)	Undeveloped/ Vacant
West	General Business District (GB)	Storage

The subject property is approximately 51-feet west from the intersection of IH-35 N Access Road and FM 2252, is currently zoned General Business District (GB), and is undeveloped. Directly to the north of the property is the IH-35 N Access Road right of way and to the east, the property is also zoned General Business District (GB) and is undeveloped. The property to the west is also zoned General Business District (GB) and is currently used as storage for Conex boxes. The property immediately to the south is zoned General Business District (GB) and Single-Family Residential/ Agricultural District (R-A) and is currently undeveloped/ vacant. 

The Comprehensive Land Use Plan identifies this area as Highway Commercial and Single-Family Residential. The Highway Commercial land use designation is intended for regional scale retail and commercial uses located at major highway intersections that can take advantage of the highway frontage. The Single-Family Residential land use designation is intended for a mix of residential units with some commercial development to support the daily activities of development. 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. 

Per the letter of intent and conceptual site plan, the applicant is proposing a 10,827 square foot convenience store, gasoline and diesel pumps, truck parking at the rear, and an additional 6,000 square foot building with a coffee shop, personal services, and restaurants. Access to the site is proposed through two (2) access points, both on IH-35 N Access Road. 

If a 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.

UDC Section 21.5.11.D Criteria for Approval

1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan.
The subject property is designated as Highway Commercial and Single Family Residential. The Highway Commercial land use designation is intended for regional scale retail and commercial uses located at major highway intersections that can take advantage of the highway frontage. The subject property's location along IH-35 N Access Road is ideal for taking advantage of the highway frontage. Single Family Residential land use designation is intended for a mix of residential with some commercial uses that support the daily activities of development.

2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
General Business District (GB) is intended to provide suitable areas for the development of non-residential uses that may include retail and service establishments that are generally oriented toward serving the overall needs of the community and are usually located along principal transportation corridors. The proposed developments' location along IH-35 N Access Road allows for the development to take advantage of IH-35 traffic and surrounding neighborhoods for business.

3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods. 
The proposed development is surrounded by adjacent General Business District zoning and is compatible with the existing development. The proposed convenience store with gas pumps will be required to meet all current City of Schertz site development standards stipulated in Article 9. Article 9 is in place to ensure adverse effects of development are minimized and mitigated on neighboring properties.

4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood. 
The proposed development is proposing two points of access along IH-35 N Access Road which is a one way road. All proposed access points will be reviewed by the City of Schertz Engineering department and the Texas Department of Transportation. 

5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets.
Access to the subject property will be along IH-35 N Access Road. The proposed access points will be reviewed by the City of Schertz Engineering department and the Texas Department of Transportation.

6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties.
The proposed development will have to meet all site development requirements in Article 9 of the Unified Development Code. The adjacent properties are zoned General Business and are not being currently used for single-family residential. As a result, no additional screening requirements for residential use will be required. 

7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood.
The proposed development will have to meet all dimensional and design requirements of the General Business District as mentioned in UDC Section 21.5.7. No variations to the requirements have been requested.

8. The proposed [use] promotes the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development 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. Given the existing General Business District zoning of the adjacent surrounding properties, the location of the subject property on IH-35 N Access Road, and all access to the subject property being from IH-35 N Access Road, the proposed convenience store with gas pumps would not pose an adverse impact on adjacent properties.

9. No application made under these provisions will receive final approval until all back taxed owed to the City have been paid in full.
This does not impact consideration by P&Z or the first reading from Council.

10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council deemed relevant and important in the consideration of the Specific Use Permit.
Staff has ensured all UDC requirements have been met for the Specific Use Permit, and at this time have not received any special considerations from the Planning and Zoning Commission or the City Council.

Therefore, Staff recommends approval of the Specific Use Permit to allow a convenience store with gas pumps at the subject property conditioned upon the following:

1. A building permit is approved within two years of the adoption of the SUP Ordinance.

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