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Agenda No. 7.
CITY COUNCIL MEMORANDUM
| City Council Meeting: |
March 4, 2025 |
| Department: |
Planning & Community Development |
| Subject: |
Ordinance 25-S-007- Conduct a public hearing and consider a request for a Specific Use Permit to allow Automobile Repairs and Service, Major in General Business District (GB), on approximately 0.4 acres of land, more specifically known as a portion of Guadalupe County Property Identification Number 121092, generally located 1,092 feet southwest of the intersection of IH-35 N Access Road and FM 1103, City of Schertz, Guadalupe County, Texas (B.James/L.Wood/D.Marquez) |
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| BACKGROUND |
The applicant is requesting a Specific Use Permit to allow Automobile Repairs and Service, Major in General Business District (GB) on approximately 0.4 acres of land. The proposed use is currently operating at the Rancho Vista Campground located at FM 1103 and the applicant would like to come into full compliance and take the necessary steps to obtain a certificate of occupancy. As per UDC Article 16, Automobile Repair and Service, Major is defined as general repairs or reconditioning of engines, air-conditioning systems, and transmissions for motor vehicles; wrecker or towing service with on-site storage of vehicles; collision services including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; tire retreading; muffler services; upholstery shop; insurance estimations with on-site storage; undercoating and rust proofing, and other similar uses.
On January 22, 2025, eighteen (18) public hearing notices were mailed to the surrounding properties within a 200-foot notification boundary of the subject property. At the time of the staff report, zero (0) responses in favor, zero (0) responses neutral, and two (2) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on February 12, 2025. Additionally, one (1) sign was placed on the subject property by the applicant. The Planning and Zoning Commission held a public hearing for the item on February 5, 2025. The City of Schertz Fire, EMS, and Police Departments have been notified of the proposed zone change and did not provide objections.
The subject property was annexed into the City of Schertz in 1988 with Ordinance 88-A-22. The Rancho Vista Campground Plat was recorded in 1986 with the county. The Rancho Vista Campground was established in 1986 per the plat and has been in operation since at least 1995, per aerial images available online. The metal building that the applicant occupies for Alamo Food Trailers has been on the subject property since at least 1995. The existing Schertz RV Park is a legal nonconforming use. At the time of annexation, the property was designated as Pre-Development District (PRE). The property is currently zoned as General Business District (GB), which does not allow for a Recreational Vehicle Park or Storage. Per the Comprehensive Plan, FM 1103, and adjacent uses and zoning, the existing General Business District is appropriate for the area.
Alamo Food Trailers is requesting to occupy a portion of the General Business District (GB) zoned property with a Specific Use Permit to allow Automobile Repair and Service, Major. The current business, Alamo Food Trailers, was discovered to be operating at Schertz RV Park and Storage when a code enforcement case was opened at the RV Park for not having a certificate of occupancy in June 2023. The RV Park applied for a Certificate of Occupancy in August 2023 and since then has received a Certificate of Occupancy. The applicant claims the business has been in operation for a year at the subject location and that the building was empty before their occupation. Alamo Food Trailers is an illegal business without a certificate of occupancy.
The applicant submitted a Certificate of Occupancy permit for Alamo Food Trailers on February 21, 2024. On March 6, 2024, they were notified during the review of the application that their proposed use was not allowed at the subject location with the existing zoning of the General Business District. The Specific Use Permit application was initially submitted on October 29, 2024. The application was deemed complete, reviewed by all departments, and ready for a Planning and Zoning Commission Hearing on December 30, 2024. |
| GOAL |
| The applicant is requesting a Specific Use Permit on approximately 0.4 acres of land to allow Automobile Repairs and Service, Major in General Business District (GB). As per the letter of intent, Alamo Food Trailers, the proposed business offers services that include custom design and construction, repair, and renovation of food trailers with the capacity to perform electrical, structural, and fabrication work. |
| 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 Permits, Staff uses 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 proposed Specific Use Permit is consistent with the policies of the Comprehensive Land Plan.
The subject property is designated as Local Corridor in the Comprehensive Land Use Plan- Future Land Use Map. Local Corridor is described as areas with locally oriented commercial and entertainment situated along medium to high-volume collector roads with neighborhoods at the perimeter. When considering zone changes in Local Corridor, the scale and intensity of the uses allowed within the proposed zoning shall be of scale and intensity that is compatible with the surrounding residential neighborhoods.The proposed Specific Use Permit is consistent with the policies of the Comprehensive Plan as it meets the scale and intensity of the immediately surrounding area.The subject property is located along FM 1103, which is a Principal Arterial. To the north of the subject property is an existing Recreational Vehicle Park and to the South is a property with an approved Specific Use Permit to allow Automobile Repairs, Major in General Business District (GB).
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
General Business District (GB) is intended for 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 and that are located on appropriately designed principal transportation corridors. The proposed Specific Use Permit to allow Automobile Repairs and Service, Major is located along FM 1103, which is a major transportation corridor. Additional screening requirements will be required along the property line that is adjacent to residential zoning and uses.
Table 21.5.7.B
Dimensional Requirements for Non-Residential Zoning Districts |
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Minimum Lot Size Dimensions |
Minimum Yard Setbacks |
Miscellaneous Lot Requirements |
| Code |
Zoning
District |
Area
Sq.Ft. |
Width
Ft. |
Depth
Ft. |
Front
Ft. |
Rear Adjacent to non-Residential |
Rear Adjacent to Residential |
Side
Adjacent to
Non-Residential |
Side Adjacent to Residential |
Maximum Height |
Maximum Impervious Coverage |
| GB |
General Business |
10,000 |
100 |
100 |
25 |
0 |
25 |
0 |
25 |
120 |
80% |
3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods.
The proposed Specific Use Permit to allow Automobile Repairs and Service, Major, is compatible with the adjacent developments in the area as similar uses are operating along FM 1103. To the north of the subject property is an existing and operating Recreational Vehicle Park. To the south of the subject property, there is an existing and approved Specific Use Permit to allow Automobile Repairs, Major for the operating Total True Automotive FM1103.
4. The proposed use will not adversely affect the overall health, safety, or general welfare of the City.The proposed use will not adversely affect the health, safety, or general welfare of the City.
The Specific Use Permit is the first step for Alamo Food Trailers to come into compliance. If the Specific Use Permit is approved, the applicant will still need to submit and apply for the subsequent development applications to receive a certificate of occupancy. The subject property will need to meet all site design requirements and building code requirements. This includes but is not limited to the additional screening required adjacent to residential zoning and uses, asphalt or concrete parking, and meeting all building code standards. Additionally, the entrance for the subject property is located along FM 1103.The subject property is located along FM 1103, which is a TXDOT road. FM 1103 is identified as a Principal Arterial in the Master Thoroughfare Plan with 120 to 130 feet of right-of-way.
5. Whether other factors are deemed relevant and important in the consideration of the Specific Use Permit.
The Planning and Zoning Commission and City Council have not provided additional criteria for consideration of the Specific Use Permit.Alamo Food Trailers is a business that exists at the subject location, but an approved Specific Use Permit to allow Automobile Repairs and Service, Major is the first step in the process towards full compliance. The applicant would still need to submit the required development applications which include, but are not limited to site plan applications and building permit applications to obtain a certificate of occupancy. |
| RECOMMENDATION |
Staff Recommendation:
Staff recommends approval of the requested Specific Use Permit to allow Automobile Repair and Service, Major in General Business District (GB), conditioned upon the following:
1. Prior to a Certificate of Occupancy being issued, the site will need to be brought into full compliance with the UDC Site Design requirements including but not limited to screening adjacent to residential zoning and uses and parking requirements.
2. A building permit is approved within (2) years of the adoption of the Specific Use Permit Ordinance in accordance with Unified Development Code Article 5, Section 21.5.11.F Expiration of Specific Use Permit.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission met on February 5, 2025, and made a recommendation of approval with conditions as presented by Staff, to City Council with a unanimous vote. |
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