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File #: 14-2880   
Type: Zoning Case
In control: City Council A Session
On agenda: 12/4/2014
Posting Language: ZONING CASE # Z2015022 (District 6): An Ordinance amending the Zoning District Boundary from "C-3NA AHOD" General Commercial Nonalcoholic Sales Airport Hazard Overlay District and "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District to "C-2 AHOD" Commercial Airport Hazard Overlay District on 1.687 acres out of NCB 15403 located at 7500 and 7504 West Military Drive and a portion of 7600 West Military Drive. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2015-022, 2. Z2015022, 3. DRAFT ORDINANCE, 4. Ordinance 2014-12-04-0993
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 6
 
SUBJECT:
Zoning Case Z2015022
 
SUMMARY:
Current Zoning: "C-3NA AHOD" General Commercial Nonalcoholic Sales Airport Hazard Overlay District and "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: November 18, 2014
 
Case Manager: Brenda V. Martinez, Planner
 
Property Owner: Westwood Estates MHP Partners, L.P. by Nate Nelson, President, Kingsley Management Corporation; Amhurst Business, LLC, by Muzafar Iqbal, Director and Tri Star Investment Inc. by Adarsh Hari, Manager
 
Applicant: Westwood Estates MHP Partners, L.P. by Nate Nelson, President, Kingsley Management Corporation; Amhurst Business, LLC, by Muzafar Iqbal, Director and Tri Star Investment Inc. by Adarsh Hari Manager
 
Representative: P. W. Christensen, P. C. (Patrick Christensen)
 
Location: 7500 and 7504 West Military Drive and a portion of 7600 West Military Drive
 
Legal Description: 1.687 acres out of NCB 15403
 
Total Acreage: 1.687
 
Notices Mailed
Owners of Property within 200 feet: 13
Registered Neighborhood Associations within 200 feet: United Westwood Resident Organization.  Meadow Village and Lackland Terrace are located within 200 feet
Planning Team: West/Southwest Sector Plan - 35
Applicable Agencies: None.
 
Property Details
Property History:  The subject properties were annexed in 1972 and were originally zoned "Temp R-1" Temporary Single Family Residence District.  In 1996, one of the subject properties (7504 West Military Drive) was rezoned to "B-3NA" Business Non-Alcoholic Sales District. Upon the adoption of the 2001 Unified Development Code, the previous base zoning districts converted to the current "R-6" Residential Single-Family District and "C-3NA" General Commercial Non-Alcoholic Sales District.  The subject property located at 7504 West Military Drive is currently developed with a non-residential structure measuring 3,420 square feet, which was built in 1969.  The subject property located at 7500 West Military Drive is also developed with a non-residential structure measuring 2,100 square feet, which was built in 1970.  The portion of property located at 7600 West Military Drive that is being rezoned is currently utilized as a mobile home park.
 
The purpose of the rezoning request is to allow the development of a CVS Pharmacy.
 
Topography:  The property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
 
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: "C-3" and "R-6"
Current Land Uses: Auto Parts Retail and Mobile Home Park  
 
Direction: South and West   
Current Base Zoning: "C-3"   
Current Land Uses: Gas Station, Retail Center and Walgreens  
 
Direction: East   
Current Base Zoning: "R-6"  
Current Land Uses: Mobile Home Park  
 
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: Marbach Road  
Existing Character: Secondary Arterial Type A; 2 lanes in each direction with a center turning lane.
Proposed Changes: None known
 
Thoroughfare: West Military Drive   
Existing Character: Secondary Arterial Type A; 2 lanes in each direction with a center turning lane.
Proposed Changes: None known  
 
Public Transit:  The nearest VIA buslines are the number 613 line and 615 line, which operate along West Military Drive and Marbach Road.
 
Traffic Impact: A Traffic Impact Analysis is required.  A traffic engineer must be present at the Zoning Commission hearing.
 
Parking Information: Off-street vehicle parking requirements are typically determined by the type of use and building size.  The rezoning application refers to a pharmacy.   
 
Drugstore- apothecary - Minimum Parking Requirement: 1 space per 300 square feet of Gross Floor Area (GFA); Maximum Parking Requirement: 1 space per 200 square feet of GFA.  
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current commercial and residential zoning classifications, restricting future land uses to those permissible in the "C-3" and "R-6" zoning districts.
 
FISCAL IMPACT:
None.  The applicant has paid the required zoning 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 West/Southwest Sector Plan and is currently designated as General Urban Tier in the future land use component of the plan.  The requested "C-2" zoning district is consistent with the adopted land use designation.  
 
2.  Adverse Impacts on Neighboring Lands:  
Staff has found no evidence of likely adverse impacts on surrounding properties.  The requested zoning will allow a range of office, retail and service uses on the property.
 
3.  Suitability as Presently Zoned:  
The existing residential zoning is not appropriate for the subject property.  New residential development is not likely on the subject property due to the property's location along two major thoroughfares.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety or welfare.
 
5.  Public Policy:  
The existing "R-6" and "C-3" zoning districts are not consistent with the adopted "General Urban Tier" land use designation.   
 
6.  Size of Tract:  
The subject property is 1.687 acres, which is of sufficient size to accommodate uses permitted in "C-2".
 
7.  Other Factors:  
None.