DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez (DSD)
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT:
Zoning Case Z2014071 S
SUMMARY:
Current Zoning: "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for a Nightclub
Requested Zoning: "C-2 S AHOD" Commercial Airport Hazard Overlay District with Specific Use Authorization for Party House, Reception Hall, Meeting Facilities
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: February 4, 2014
Case Manager: Osniel Leon, Planner
Property Owner: LMB Capital Real-Estate LLC (by J.D. Castrejana, President)
Applicant: Russell Felan
Representative: Russell Felan
Location: 4500, 4502, 4506, 4508 and 4510 West Avenue
Legal Description: Lots 3A, 4A and 5A, NCB 11690
Total Acreage: 0.97
Notices Mailed
Owners of Property within 200 feet: 25
Neighborhood Associations: North Central Neighborhood Association; the Dellview Area Neighborhood Association is located within 200 feet.
Planning Team Members: Greater Dellview Area Community Plan - 27
Applicable Agencies: None
Property Details
Property History: The subject property was annexed in 1952, and was originally zoned "L" First Manufacturing District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to "I-2" Heavy Industrial District. In a 2009 City-initiated large area case, the property was rezoned to "C-2 CD" Commercial District with a Conditional Use for a Nightclub. The property consists of three lots that were platted into the current configuration in 1958 (Volume 4080, page 265 of the Deed and Plat Records of Bexar County, Texas).The subject property is currently developed with a multi-tenant retail center measuring approximately 14,767 square feet that was built in 1959.
Topography: The subject property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
Adjacent Zoning and Land Uses
Direction: North, West and South
Current Base Zoning: "C-2 CD", "C-2P CD", "C-2P", "C-1 CD". "C-2 CD" and C-2"
Current Land Uses: Bar, auto repair, flower shop, gas station, car wash, church, parking lot, restaurant and warehouse
Direction: East and West
Current Base Zoning: "R-5" and "R-4"
Current Land Uses: Single-family residences
Overlay and Special District Information: The subject property and surrounding properties carry the "AHOD" Airport Hazard Overlay District, due to their proximity to an airport or approach path. The "AHOD" does not restrict permitted uses, but can require additional review of construction plans by both the Development Services Department and the Federal Aviation Administration.
Transportation
Thoroughfare: West Avenue
Existing Character: Secondary Arterial Type B; 2 lanes in each direction with sidewalks
Proposed Changes: None known
Thoroughfare: Cherry Ridge Drive
Existing Character: Local Street; 1 lane in each direction with no sidewalks
Proposed Changes: None known
Public Transit: The nearest VIA bus lines are the number 97 and 296 lines, which operate along West Avenue
Traffic Impact: A Traffic Impact Analysis (TIA) is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: The UDC does not list parking requirements specifically for reception halls. The closest listing similar to a reception hall would either be Dance Hall (Minimum: 1 per 2 seats; Maximum: 1 per 1.5 seats) or Clubhouse - Private including Lodges and Meeting Halls (Minimum: 1 per 3 persons; Maximum: N/A).
The Specific Use Authorization site plan shows 45 existing parking spaces on the subject property.
ISSUE:
None.
ALTERNATIVES:
Denial of the zoning request will result in the subject property retaining the existing commercial zoning designation.
FISCAL IMPACT:
None. The applicant has paid all required application fees.
RECOMMENDATION:
Staff and Zoning Commission (10-0) recommend approval.
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The subject property is located within the Greater Dellview Area Community Plan and is identified as Community Commercial in the future land use component of the plan. The "C-2" base zoning district is consistent with the adopted land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff finds no likely adverse impacts related to the zoning change request.
3. Suitability as Presently Zoned:
The existing "C-2" zoning district is suitable for the subject property. The "C-2" district accommodates commercial and retail uses that serve a wider community than the immediate surrounding area. Medium intensity commercial zoning is most appropriate along arterials or major thoroughfares.
Staff finds the requested Specific Use Authorization to be appropriate as the subject property will maintain the current "C-2" district that is consistent with the Greater Dellview Area Community Plan. The majority of properties fronting along this portion of West Avenue are zoned for commercial uses.
Conditional Use site plan indicates no new construction and no changes from the property's current configuration. Staff feels the proposed use will be compatible with the surrounding land uses an overall character of the community.
4. Health, Safety and Welfare:
Staff finds no evidence of likely negative impacts on public health, safety or welfare related to the proposed use.
5. Public Policy:
The request does not appear to conflict with any public policy objective. The request is consistent with the Greater Dellview Area Community Plan.
6. Size of Tract:
The subject property is 0.97 of an acre in size, which should be able to reasonably accommodate the uses permitted in the "C-2" district and required parking.
7. Other Factors:
The purpose of the Specific Use Authorization is to provide for certain uses which, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but which may, under the right set of circumstances and conditions be acceptable in certain specific locations.