| PLANNING AND ZONING COMMISSION MEETING: 05/08/2024 Agenda Item 5 E |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | Daisy Marquez, Senior Planner |
| SUBJECT: | PLZC20240072 - Hold a public hearing and make a recommendation on a request to rezone approximately 9.4 acres of land, from General Business District (GB) to Manufacturing District Light (M-1), a portion of Comal County Property Identification Number 115664 and a portion of Comal County Property Identification Number 402758, approximately 1,500-feet East from the intersection of Hubertus and IH 35 N Access Road, City of Schertz, Comal County, Texas. |
BACKGROUND
The applicant is requesting to rezone approximately 9.4 acres of land from General Business District (GB) to Manufacturing District Light (M-1). The subject property is currently undeveloped and unplatted.
On April 24, 2024, three (3) 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, zero (0) responses in favor, zero (0) responses neutral, and zero (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. Additionally, one (1) sign was placed on the property along IH-35 N Access Road.
Subject Property:
Adjacent Properties:
On April 24, 2024, three (3) 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, zero (0) responses in favor, zero (0) responses neutral, and zero (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. Additionally, one (1) sign was placed on the property along IH-35 N Access Road.
Subject Property:
| Zoning | Land Use | |
| Existing | General Business District (GB) | Undeveloped |
| Proposed | Manufacturing District Light (M-1) | Industrial |
Adjacent Properties:
| Zoning | Land Use | |
| North | Manufacturing District Light (M-1) | Undeveloped |
| South | General Business District (GB) and Right-of-Way | United Rentals, Veterinarian, and IH-35 N Access Road |
| East | Planned Development District (PDD) | IDV Schertz Development - Warehouse Storage |
| West | General Business District (GB) | Undeveloped |
GOAL
The proposed zone change is for approximately 9.4 acres of land to Manufacturing District Light (M-1). The applicant wishes to develop industrial buildings for lease.
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
When evaluating zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below.
1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map;
The proposed Manufacturing District Light (M-1) does not implement the policies of the adopted Comprehensive Land Plan nor the Future Land Use Map land use designation.
The Comprehensive Land Use Plan designates the subject property and general area as Regional Corridor. The Regional Corridor Land Use Designation is intended for commercial and entertainment areas along major thoroughfares and often includes regional shopping centers, supermarkets, theaters, department stores, and office buildings. Additionally, Regional Corridor land uses should be a mix of uses with pedestrian scaled design and landscaping with limited industrial and logistical uses.
As per Section 21.5.6 of the UDC, the intent of Manufacturing District Light (M-1) is to provide a suitable area for the development of light industrial, assembly and manufacturing, warehouse and distribution facilities. These districts should be located on arterial streets and where several lots are to be jointly developed as a light manufacturing area; restrictive covenants and development restrictions encouraging high-level design and maintenance are encouraged. The allowed uses in Manufacturing District Light (M-1) are inappropriate and incompatible with the Regional Corridor Land Use Designation.
2. Whether the proposed zoning change or zoning map amendment 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. The proposed Manufacturing District Light (M-1) dimensional and development standards as stated in Section 21.5.7.B of the Unified Development Code, are not compatible with what is in the surrounding area.
Additionally, the IH-35 corridor has been developing as a commercial corridor that meets the needs of the community with retail and services along critical transportation corridors. The total acreage of the subject property is approximately 30 acres, where approximately 20 acres are already zoned for Manufacturing District Light (M-1) and permits for industrial uses. The existing General Business District (GB) of the requested 10 acre zone change creates a zoning buffer along IH-35 from heavier industrial uses allowed in Manufactruing District Light (M-1) along the transportation corridor.
3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;
The uses permitted in Manufacturing District Light (M-1) allow, by right or with a Specific Use Permit, multiple uses that are not compatible with the vision of the Comprehensive Land Use Plan Land Use Designation of Regional Corridor. The existing General Business District (GB) is compatible with and meets the intent of the Comprehensive Land Use Plan Land Use Designation and what is desired for development along IH-35 N Access Road.
Manufacturing District Light (M-1) allows for the following uses permitted by right or with a Specific Use Permit (SUP) that would not be allowed by right in General Business District (GB); Agricultural/Field Crops, Airport, Heliport, or Landing Field, Automobile Repairs and Service (Major), Automobile Sales, Bottling works, Cabinet or Upholstery Shops, Commercial Amusement (Outdoor), Dry Cleaning, Major, Flea Market (Outside), General Manufacturing/ Industrial Use, Mini-Warehouse/ Public Storage, Manufacturing, Nursery (Major), Office-Warehouse/ Distribution Center, Portable Building Sales, Print Shop (Major), Railroad/ Bus Passenger Station, Recreational Vehicle Sales and Service, Recycling Facility (SUP), Sexually Oriented Business (SUP), Stable (Commercial), Storage or Wholesale Warehouse, Tattoo Parlors/ Studios, Truck Sales (Heavy Equipment), Truck Terminal, Veterinarian Clinic/ Kennel (Outdoor), Welding/ Machine Shop, Wrecking or Salvage Yard (SUP).
4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area;
Sewer is serviced by the City of Schertz. There is an existing 8" sewer main at the northwest corner of the subject property coming from Danville Middle School. Additionally, there is an 8" sewer main that is under construction to the east of the subject properties. Water is serviced by the City of Schertz. There are existing City of Schertz 12" Water Lines along IH-35 N Access Road and at the northwest corner of the subject property.
The proposed East and West Connector, a planned 70-foot Right-of-Way, Commercial Collector A, goes across the northern portion of the subject property.
The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning request or their ability to provide services.
5. Whether there have been environmental and/or economical changes which warrant the requested change;
There have been no environmental or economical changes which warrant the requested change.
6. Whether there is an error in the original zoning of the property for which a change is requested;
There was no error in the original zoning of the property. The subject property was annexed into the City of Schertz in 1997 through Ordinance 97-A-20.
7. Whether all the applicant's back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and,
This does not impact the Planning and Zoning Commission recommendation to City Council.
8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council.
1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map;
The proposed Manufacturing District Light (M-1) does not implement the policies of the adopted Comprehensive Land Plan nor the Future Land Use Map land use designation.
The Comprehensive Land Use Plan designates the subject property and general area as Regional Corridor. The Regional Corridor Land Use Designation is intended for commercial and entertainment areas along major thoroughfares and often includes regional shopping centers, supermarkets, theaters, department stores, and office buildings. Additionally, Regional Corridor land uses should be a mix of uses with pedestrian scaled design and landscaping with limited industrial and logistical uses.
As per Section 21.5.6 of the UDC, the intent of Manufacturing District Light (M-1) is to provide a suitable area for the development of light industrial, assembly and manufacturing, warehouse and distribution facilities. These districts should be located on arterial streets and where several lots are to be jointly developed as a light manufacturing area; restrictive covenants and development restrictions encouraging high-level design and maintenance are encouraged. The allowed uses in Manufacturing District Light (M-1) are inappropriate and incompatible with the Regional Corridor Land Use Designation.
2. Whether the proposed zoning change or zoning map amendment 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. The proposed Manufacturing District Light (M-1) dimensional and development standards as stated in Section 21.5.7.B of the Unified Development Code, are not compatible with what is in the surrounding area.
| Table 21.5.7.B Dimensional Requirements Non-residential Zoning Districts (d) |
|||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Minimum Lot Size and Dimensions | Minimum Yard Setback (Ft) | Miscellaneous Lot Requirements | |||||||||
| Code | Zoning District | Area Sq. Ft. | Width Ft. | Depth Ft. | Front Ft. | Rear Adj Non-Res Zone | Rear Adj Res Zone | Side Adj Non-Res Zone | Side Adj res Zone | Max Height Ft. | Max Impervious Cover |
| M-1 | Light Manufacturing | 10,000 | 100 | 100 | 25 | 0 | 50 | 0 | 25 | 120 | 80% |
Additionally, the IH-35 corridor has been developing as a commercial corridor that meets the needs of the community with retail and services along critical transportation corridors. The total acreage of the subject property is approximately 30 acres, where approximately 20 acres are already zoned for Manufacturing District Light (M-1) and permits for industrial uses. The existing General Business District (GB) of the requested 10 acre zone change creates a zoning buffer along IH-35 from heavier industrial uses allowed in Manufactruing District Light (M-1) along the transportation corridor.
3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified;
The uses permitted in Manufacturing District Light (M-1) allow, by right or with a Specific Use Permit, multiple uses that are not compatible with the vision of the Comprehensive Land Use Plan Land Use Designation of Regional Corridor. The existing General Business District (GB) is compatible with and meets the intent of the Comprehensive Land Use Plan Land Use Designation and what is desired for development along IH-35 N Access Road.
Manufacturing District Light (M-1) allows for the following uses permitted by right or with a Specific Use Permit (SUP) that would not be allowed by right in General Business District (GB); Agricultural/Field Crops, Airport, Heliport, or Landing Field, Automobile Repairs and Service (Major), Automobile Sales, Bottling works, Cabinet or Upholstery Shops, Commercial Amusement (Outdoor), Dry Cleaning, Major, Flea Market (Outside), General Manufacturing/ Industrial Use, Mini-Warehouse/ Public Storage, Manufacturing, Nursery (Major), Office-Warehouse/ Distribution Center, Portable Building Sales, Print Shop (Major), Railroad/ Bus Passenger Station, Recreational Vehicle Sales and Service, Recycling Facility (SUP), Sexually Oriented Business (SUP), Stable (Commercial), Storage or Wholesale Warehouse, Tattoo Parlors/ Studios, Truck Sales (Heavy Equipment), Truck Terminal, Veterinarian Clinic/ Kennel (Outdoor), Welding/ Machine Shop, Wrecking or Salvage Yard (SUP).
4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area;
Sewer is serviced by the City of Schertz. There is an existing 8" sewer main at the northwest corner of the subject property coming from Danville Middle School. Additionally, there is an 8" sewer main that is under construction to the east of the subject properties. Water is serviced by the City of Schertz. There are existing City of Schertz 12" Water Lines along IH-35 N Access Road and at the northwest corner of the subject property.
The proposed East and West Connector, a planned 70-foot Right-of-Way, Commercial Collector A, goes across the northern portion of the subject property.
The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning request or their ability to provide services.
5. Whether there have been environmental and/or economical changes which warrant the requested change;
There have been no environmental or economical changes which warrant the requested change.
6. Whether there is an error in the original zoning of the property for which a change is requested;
There was no error in the original zoning of the property. The subject property was annexed into the City of Schertz in 1997 through Ordinance 97-A-20.
7. Whether all the applicant's back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and,
This does not impact the Planning and Zoning Commission recommendation to City Council.
8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.
Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council.
RECOMMENDATION
Due to incompatibility of the proposed Manufacturing District Light (M-1) permitted uses with the Comprehensive Land Use Plan Land Use Designation and with what is desired along IH-35 N Access Road, Staff Recommends denial of PLZC20240072.