Print Agenda Item

Agenda No. 7.

CITY COUNCIL MEMORANDUM

City Council Meeting:

March 3, 2026

Department:

Planning & Community Development

Subject:

Ordinance 26-S-004 - Conduct a public hearing and consider a request for 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, also known as 18920 IH 35 N, more specifically known as Guadalupe County Property Identification Number 114083 and Comal County Property Identification Number 119021, City of Schertz, Comal and Guadalupe County, Texas. (B.James/L.Wood/D.Marquez)

BACKGROUND

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).

A previous Specific Use Permit application, PLSPU20230153, known as Ordinance 23-S-32, was approved by City Council on January 09, 2024, and expired on January 09, 2026, because the applicant did not receive a building permit. The applicant has an approved Final Plat, Site Plan, and is close to finalizing their building permit approval. However, since the specific use permit has expired, the building permits cannot be issued.

On January 22, 2026, eight (8) 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, (0) responses neutral, and zero (0) responses in opposition have been received. A public hearing notice sign was posted by the applicant on January 20, 2026. The Planning and Zoning Commission held a public hearing for the item on February 4, 2026. A public hearing notice was published in the "San Antonio Express" on February 11, 2026.

Subject Property:

	Zoning	Land Use
Existing	General Business District (GB) with an Expired Specific Use Permit to allow a Convenience Store with Gas Pumps	Undeveloped
Proposed	General Business District (GB) with Specific Use Permit to allow a Convenience Store with Gas Pumps	Convenience Store with Gas Pumps

Adjacent Properties:

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

Zoning:

Table 21.5.7.B. Dimensional Requirements
Non-Residential Zoning District (d)

Minimum Lot Size Dimensions

Minimum Yard Setbacks

Miscellaneous Lot Requirements

Zoning District

Area Sq. Ft.

Width Ft.

Depth Ft.

Front Ft.

Rear Ft.

Side Ft.

Maximum Height

Maximum Impervious Coverage

Existing

General Business District

10,000

100

Rear Adj. to Non-Res:0
Rear Adj. to Res: 25

Rear Adj. to Non-Res:0
Rear Adj. to Res:

120

80%

GOAL

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 references UDC Section 21.5.11.D. for the criteria of approval. 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 subject property is designated as Mixed-Use Center in the Comprehensive Land Use Plan Future Land Use Map. The Mixed-Use Center Future Land Use Designation is intended for a combination of higher-density housing, locally serving commercial and recreational uses. Mixed-Use centers are typically located along significant transportation corridors. The proposed Specific Use Permit (SUP) to allow a convenience store with gas pumps meets the intent of the Mixed-Use Land Use Designation. The subject property is located along IH-35, a major transportation network, and would only have access from IH-35 frontage road, thus meeting the intent of the Future Land Use Designation.

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 development's location along IH-35 N allows for the development to take advantage of IH-35 traffic and the surrounding neighborhoods for business.

3. The proposed use is compatible with and preserves the character and integrity of adjacent developments 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 will not adversely affect the overall health, safety or general welfare 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 (GB) 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.

5. Whether other factors are 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. A Specific Use Permit was approved for this subject property for the same proposed use on January 9, 2024, that expired on January 9, 2026. The subject property has an approved final plat, site plan, and a building permit application currently under review.

The City of Schertz Fire, EMS, and Police Departments have reviewed the proposed Specific Use Permit request and do not provide objections.

RECOMMENDATION

Staff Recommendation
The proposed Specific Use Permit meets the intent of the Comprehensive Land Use Plan Future Land Use Map and is compatible with the surrounding area. Thus, 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 and Zoning Commission Recommendation:
The Planning and Zoning Commission held a public hearing for the item on February 4, 2026, and made a recommendation of approval with the conditions as proposed by Staff, to City Council with a unanimous vote.

Attachments

Ordinance 26-S-004 With Attachments

Aerial Exhibit

Notification Map

Approved Site Plan Exhibit

City Council Presentation Slides