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File #: 14-335   
Type: Zoning Case
In control: City Council A Session
On agenda: 3/6/2014
Posting Language: ZONING CASE # Z2014045 S (District 3): An Ordinance amending the Zoning District Boundary from "O-2 AHOD" High-Rise Office Airport Hazard Overlay District to "C-2 S AHOD" Commercial Airport Hazard Overlay District with a Specific Use Authorization for a Carwash on Lot 24, NCB 10946 save and except that portion conveyed to the State of Texas in Volume 3807, Page 108, Real Property Records, Bexar County, Texas located at A portion of 2355 Goliad Road. Staff and Zoning Commission recommend approval.
Attachments: 1. Zoning Commission Minutes, 2. Location Map, 3. Site Plan, 4. Draft Ordinance, 5. Ordinance 2014-03-06-0130
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: 3
 
SUBJECT:
Zoning Case Z2014045 S
 
SUMMARY:
Current Zoning:  "O-2 AHOD" High-Rise Office Airport Hazard Overlay District
 
Requested Zoning:  "C-2 S AHOD" Commercial Airport Hazard Overlay District with a Specific Use Authorization for a Carwash
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  February 04, 2014
 
Case Manager:  Trenton Robertson, Planner
 
Property Owner:  Gustavo Carbajal
 
Applicant:  Gustavo Carbajal
 
Representative:  P. W. Christensen, P. C. (Patrick Christensen)
 
Location:  A portion of 2355 Goliad Road
 
Legal Description:  Lot 24, NCB 10946 save and except that portion conveyed to the State of Texas in Volume 3807, Page 108, Real Property Records, Bexar County, Texas
 
Total Acreage:  0.31
 
Notices Mailed
Owners of Property within 200 feet:  6
Registered Neighborhood Associations within 200 feet:  Highland Hills Neighborhood Association
Planning Team:  Highlands Community Plan - 33
Applicable Agencies:  None
Property Details
Property History:  The subject property was annexed in 1952 and was originally zoned "E" Office District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "O-2" High-Rise Office District.  The subject property is a portion of a platted lot (Volume 4960, Page 153 in the Deed and Plat Records of Bexar County, Texas); the other portion was sold to the State of Texas as a right-of-way facility.  The subject property is undeveloped; however there is a mobile structure on site.  
 
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
Current Base Zoning:  "C-3" and "C-2"
Current Land Uses:  Skating rink and public storage
 
Direction:  East
Current Base Zoning:  "R-5" and "O-2"
Current Land Uses:  Elementary school and state-owned property
 
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:  Interstate Highway 37 South
Existing Character:  Freeway 250'-500'; raised three lanes in each direction without access roads
Proposed Changes:  None known
 
Thoroughfare:  Goliad Road
Existing Character:  Secondary Arterial Type B 70'-86'; two lanes in each direction with sidewalks
Proposed Changes:  None known
 
Thoroughfare:  Kate Schenck Avenue
Existing Character:  Local street; one lane in each direction with partial sidewalks
Proposed Changes:  None known
 
Public Transit:  VIA bus lines 232 operates along Goliad Road, with multiple stops immediately adjacent to 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 and size of use.  
Carwash
Minimum requirement: 1 space per 500 square feet of Gross Floor Area (GFA) including service bays, wash tunnels and retail areas
Maximum allowance: 1 space per 375 square feet of GFA including service bays, wash tunnels and retail areas
 
The requisite Specific Use Authorization site plan shows a 336-square foot building and 2 parking spaces (including 1 ADA parking and loading space).
 
ISSUE:
None.
 
ALTERNATIVES:
Denial of the zoning request will result in the subject property retaining the current high-rise office zoning; the subject property would not be able to be developed for a carwash, but rather be undeveloped due to the site setback requirements.
 
FISCAL IMPACT:
None.  The applicant paid all required zoning application 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 property is located within the Highlands Community Plan and is currently 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 likely adverse impacts on neighboring property related to the rezoning request.  The subject property is located at the intersection of an expressway and an arterial thoroughfare which should accommodate additional traffic that may be generated by the requested commercial zoning district and proposed conditional use.  
 
3.  Suitability as Presently Zoned:  
The existing "O-2" zoning district is not appropriate for the subject property.  "O-2" is meant to accommodate high-rise office buildings with a wide range of accessory uses.  Although office uses may be suitable for the subject property, the high-rise development allowed in the "O-2" district is not appropriate because of the subject property's size.  The existing zoning also is not consistent with the adopted land use designation.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely negative influence on public health, safety or welfare in relation to this zoning change request.  
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.  
 
6.  Size of Tract:  
The subject property is 0.31 of an acre in size, which should be able to reasonably accommodate the uses permitted in "C-2" or the proposed carwash and required parking, as shown on the specific use authorization site plan.  The size of the property will serve to limit the scale and intensity of any commercial use.
 
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.