PLANNING AND ZONING COMMISSION MEETING: 02/05/2025 Agenda Item 5 C |
TO: |
Planning and Zoning Commission |
PREPARED BY: |
Samuel Haas, Senior Planner |
SUBJECT: |
PLSPU20240323 - Hold a public hearing and make a recommendation on a request for a Specific Use Permit to allow a Nursery, Major on approximately 4.3 acres of land known as Comal County Property Identification Number 75307, also known as 7444 FM 482, City of Schertz, Comal County, Texas |
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BACKGROUND |
The applicant is the property owner who is requesting a Specific Use Permit for the property on behalf of a potential buyer. The buyer is a landscaping company that would like to open a Nursery, Major on the site. On January 23, 2025, six (6) 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. Subject Property:
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Zoning |
Land Use |
Existing |
Manufacturing - Light District (M-1) and Single Family Residential District (R-6) |
Paving Business and Residence |
Proposed |
General Business District (GB) |
Nursery, Major with SUP |
Adjacent Properties:
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Zoning |
Land Use |
North |
Manufacturing - Light (M-1) |
Residential |
South |
Right of Way |
FM 482 |
East |
Manufacturing - Light (M-1) |
Residential |
West |
Manufacturing - Light (M-1) |
Residential |
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GOAL |
The applicant is the property owner who is requesting a Specific Use Permit for the property on behalf of a potential buyer. The buyer is a landscaping company that would like to open a Nursery, Major on the site. Unified Development Code (UDC) Article 16 - Definitions defines Nursery, Major as: "Nursery, Major: An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees, and other materials used in indoor and outdoor plantings; and the contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and storage is permitted" |
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 specific use permit requests, staff considers the criteria listed in UDC Section 21.5.11.D. The criteria are listed below. 1. The proposed use at the specified location is consistent with the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans. The Comprehensive Plan designates this area as Mixed-Use Center, which is intended to integrate residential, commercial, and often entertainment spaces nearby, typically along significant transportation corridors. The specific use of Nursery, Major is consistent with the desired commercial portions of the Mixed-Use Center. 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations. The Unified Development Code defines General Business District (GB) as "intended to provide suitable areas for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors". Nursery, Major meets the intended use of the General Business District (GB) by offering that "retail and service" desired. Additionally, the property abuts FM 482, which is classified in the Master Thoroughfare Plan as a "principal arterial". 3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods. The surrounding area consists of open space, residences, Danville Middle School, a property to the west zoned Apartment / Multifamily District (R-4), and further to the west is Casa Verde Farms, similar to this proposed use. The rural-neighborhood character of the surrounding area, plus the presence of other nursery-like activities is consistent with this proposal of a Nursery, Major. 4. The proposed use will not adversely affect the overall health, safety, or general welfare of the City. The specific use permit requirement for Nursery, Major in General Business District (GB) implies that there may be activities related to the use that require heightened scrutiny. This could be things such as the use of heavy machinery or potential land disturbance activities. However, there are similar uses in other parts of Schertz that directly abut dense residential subdivisions. This indicates that there is nothing inherently adverse about nursery uses. Additionally, Article 9 of the UDC is in place to help mitigate any potential conflicts. Finally, given the location of the subject property being in largely rural surroundings, the impacts of such uses are lower in this area, thus not affecting the overall health, safety, or general welfare of the City. 5. Whether other factors are deemed relevant and important in the consideration of the Specific Use Permit. Schertz Fire, EMS, and Police have been notified of the zone change requests and have provided no objection. |
RECOMMENDATION |
The proposed Specific Use Permit is consistent with the Comprehensive Plan, meets the intent of the Zoning District, is consistent with the surrounding area, and does not adversely affect the overall health, safety, and general welfare of the city. Therefore, Staff recommends approval of PLSPU20240323, the Specific Use Permit to allow Nursery, Major at the subject property, conditioned upon the following: 1. A building permit is approved within two (2) years of the adoption of the SUP ordinance in accordance with Unified Development Code Article 5, Section 21.5.11.F Expiration of Specific Use Permit. |
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