DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 4
SUBJECT:
Zoning Case Z2014066 CD
SUMMARY:
Current Zoning: "I-1 AHOD" General Industrial Airport Hazard Overlay District
Requested Zoning: "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales (Full Service)
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: February 04, 2014
Case Manager: Krystin Ramirez
Property Owner: Westley Keylich
Applicant: Nazario Lara
Representative: Andrew C. Guerrero
Location: 1275 New Laredo Highway
Legal Description: Lot 6, Block 4, NCB 8782
Total Acreage: 0.8706
Notices Mailed
Owners of Property within 200 feet: 9
Registered Neighborhood Associations within 200 feet: Quintana Community Neighborhood Association
Planning Team: Kelly/South San PUEBLO Community Plan - 33
Applicable Agencies: Joint Base San Antonio Lackland
Property Details
Property History: The property was annexed in 1944 and was originally zoned "JJ" Commercial District. In a 1977 case, the property was zoned to "I-1" Light Industry District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "I-1" General Industrial District. The property is platted and is developed with a commercial structure measuring 2,056 square feet in size that was built in 1948. There are also a number of garage/carport structures on the lot. The property is currently used for vehicle sales and repair. The purpose of the rezoning request is to bring the existing use into compliance.
Topography: The property does not include any abnormal physical features such as slope or inclusion in a floodplain.
Adjacent Zoning and Land Uses
Direction: North
Current Base Zoning: "R-6"
Current Land Uses: School
Direction: East
Current Base Zoning: "C-3NA", "I-1" and "C-3"
Current Land Uses: Motor vehicle sales and graphics design
Direction: South and West
Current Base Zoning: "C-3" and "C-2"
Current Land Uses: Auto repair, bank, restaurant and offices
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: New Laredo Highway
Existing Character: Secondary Arterial Type A; two lanes and sidewalks in each direction
Proposed Changes: None known
Thoroughfare: Southwest Military Drive
Existing Character: Primary Arterial Type A; three lanes and sidewalks in each direction
Proposed Changes: None known
Public Transit: The nearest VIA bus lines are the 251, 515, 524, 550 and 551 lines, which operate along Southwest Military Drive, New Laredo Highway, and Bynum Avenue, with multiple stops in the immediate proximity of the subject property.
Traffic Impact: A 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 of use and building size.
Auto and Vehicle Sales: Minimum requirement: 1 space per 500 square feet of Gross Floor Area (GFA) of sales and service building; Maximum allowance: 1 space per 375 square feet of GFA of sales and service building.
The requisite Conditional Use site plan show 6,189 square feet of building space and 12 parking spaces (including 2 ADA accessible spaces).
ISSUE:
None.
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current industrial zoning classification, prohibiting the proposed Conditional Use for Motor Vehicle Sales (Full Service).
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
RECOMMENDATION:
Staff and Zoning Commission (8-0) 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 Kelly/South San PUEBLO Community Plan and currently is designated as Community Commercial in the future land use component of the plan. The requested "C-2" base zoning district is consistent with the adopted land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The area includes many vehicle sales and repair facilities. The property is located at a major intersection, along thoroughfares that have long been developed with intense commercial uses.
3. Suitability as Presently Zoned:
The "I-1" base zoning is not consistent with the adopted land use designation. The "I-1" district is meant to accommodate industrial and manufacturing uses that are not likely compatible with the surrounding commercial uses and abutting elementary school.
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 zoning change request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is 0.8706 of an acre in size, which should reasonably accommodate the uses permitted in "C-2", the proposed conditional use and required parking (as shown on the requisite site plan).
7. Other Factors:
The existing use is not eligible for registration as a legal nonconforming use because the current owner cannot prove legal establishment (no Certification of Occupancy was ever obtained). The subject property must obtain a Certificate of Occupancy before continuing operation.