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File #: 13-899   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/21/2013
Posting Language: ZONING CASE #Z2013205 (District 4): An Ordinance amending the Zoning District Boundary from "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District to "C-2 AHOD" Commercial Airport Hazard Overlay District on 1.528 acres out of Parcel 24, NCB 15148 located on a portion of the 8600 Block of Ray Ellison Boulevard. Staff and Zoning Commission recommend approval pending the plan amendment. (Associated Plan Amendment Case #13049)
Attachments: 1. Location Map, 2. Z2013205, 3. Ordinance 2013-11-21-0824
Related files: 13-856
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DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 4
 
SUBJECT:
Zoning Case Z2013205
 
SUMMARY:
Current Zoning:  "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District
 
Requested Zoning:  "C-2 AHOD" Commercial Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:      October 15, 2013
 
Case Manager: Krystin Ramirez, Planning Technician
 
Property Owner: Kelly P. Hazel & Erismelda Hazal
 
Applicant: RSBR Investments, LLC (by Jacob Stauffer, Executive Vice President)
 
Representative: Kaufman & Killen, Inc.
 
Location: A portion of the 8600 Block of Ray Ellison Boulevard
 
Legal Description: 1.528 acres out of Parcel 24, NCB 15148
 
Total Acreage: 1.528
 
Notices Mailed
Owners of Property within 200 feet:  12
Neighborhood Associations:  People Active in Community Effort (PACE); the Valley Hi North Neighborhood Association is located within 200 feet.
Planning Team Members:  29 - United Southwest Communities Plan
Applicable Agencies:  Lackland Air Force Base
 
Property Details
Property History:  The subject property consists of a portion of a larger lot.  The property was annexed in 1972 and was originally zoned "Temp R-1" Temporary Single Family Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "R-6" Residential Single-Family District.  The property is not platted and is undeveloped.
Topography:  The subject property slopes slightly to the south.  The southeast corner of both the subject property and the parent-tract are located within the 100-year floodplain.  
 
Adjacent Zoning and Land Uses
Direction:  North
Current Base Zoning:  "R-5"
Current Land Uses:  Single-family residences
 
Direction:  East and South
Current Base Zoning:  "R-6"
Current Land Uses:  Vacant Land and Valley Hi Elementary School
 
Direction:  West
Current Base Zoning:  "OCL"
Current Land Uses:  Lackland Air Force Base Annex
 
Overlay and Special District Information:  All 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: Ray Ellison Boulevard
Existing Character: Collector Street; one lane in each direction with sidewalks and a turning lane
Proposed Changes: None known
 
Thoroughfare: New Valley Hi Drive
Existing Character: Collector Street; two lanes in each direction with curbs and sidewalks
Proposed Changes: None known
 
Public Transit: VIA bus line 611 operates along Ray Ellison Boulevard and Old Valley Hi Drive, with multiple stops near the subject property.
 
Traffic Impact: A Traffic Impact Analysis (TIA) report is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
 
Parking Information: Off-street vehicle parking requirements are typically determined by the type and size of use. A variety store is required to provide 1 parking space per 300 square feet of Gross Floor Area (GFA); and may provide up to 1 parking space per 200 square feet of GFA.
 
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the current residential zoning classification.
 
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
 
RECOMMENDATION:
Staff and Zoning Commission (7-0) recommend approval, pending the plan amendment.
 
Criteria for Review:  According to Section 35-421, zoning amendments shall be based on the approval criteria below.
 
1.  Consistency:  
The property is located within the United Southwest Communities Plan and is currently designated as Low Density Residential in the future land use component of the plan. The requested "C-2" base zoning district is not consistent with the adopted land use designation. A master plan amendment has been submitted, requesting to change the land use designation to Community Commercial. Staff and Planning Commission recommend approval of the plan amendment request.
 
The Community Commercial land use designation should be located at nodes on arterial thoroughfares at major intersections or where an existing commercial area has been established. The subject property is located at the intersection of two collector streets.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.
 
3.  Suitability as Presently Zoned:  
The "R-6" base zoning district is not necessarily appropriate for the subject property, the parent tract, or the surrounding undeveloped properties. Single-family residential development is not likely on the properties. The properties are better suited for institutional, multi-family residential, or small-scale office/commercial uses because of their proximity to the military base, at the periphery of two single-family residential subdivisions, bound by collector streets.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare.
 
5.  Public Policy:  
Should the plan amendment request be approved, the request does not appear to conflict with any public policy objective.  
 
6.  Size of Tract:  
The subject property is 1.528 acres in size, which reasonably accommodates the uses permitted in "C-2" and the typical parking requirements.
 
7.  Other Factors:  
The subject property is located within the Lackland Military Influence Area. In accordance with the signed Memorandum of Understanding, zoning staff provided the Military with a copy of the rezoning request for review and comment. The comments returned to staff indicated no concern related to the rezoning request; however, there is concern regarding development of the site as the surrounding areas to the south are prone to flooding. Storm water and drainage will be reviewed as part of the site development and building permit process.