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File #: 13-1293   
Type: Zoning Case
In control: City Council A Session
On agenda: 1/16/2014
Posting Language: ZONING CASE # Z2014027 (District 6): 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 3.27 acres out of Parcel 4, NCB 18820 located on a portion of the 9500 Block of Westover Hills Boulevard. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-027, 2. Z2014027, 3. Draft Ordinance, 4. Ordinance 2014-01-16-0041
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 6
 
SUBJECT:
Zoning Case Z2014027
 
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: December 03, 2013
 
Case Manager: Ernest Brown, Planner
 
Property Owner: Westover Hills Development Partners L.P. (by Charles Martin Wender, President)
 
Applicant: Charles Martin Wender, President
 
Representative: Charles Martin Wender, President
 
Location: A portion of the 9500 Block of Westover Hills Boulevard
 
Legal Description: 3.27 acres out of Parcel 4, NCB 18820
 
Total Acreage: 3.27
 
Notices Mailed
Owners of Property within 200 feet: 8
Registered Neighborhood Associations within 200 feet: None
Planning Team: 35 - West/Southwest Sector Plan
Applicable Agencies: None
Property Details
Property History: The subject property was annexed in 1994 and was originally zoned "Temp R-1" Temporary Single Family Residence District.  In 1995, the subject property was zoned "R-1" Single Family Residence District. Upon the 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 does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
 
Adjacent Zoning and Land Uses
Direction: East
Current Base Zoning: "R-6" and "C-2"
Current Land Uses: Church and Student Ministry
 
Direction: Southeast and South
Current Base Zoning: "R-6"
Current Land Uses: Single-Family Residences and Undeveloped Land
 
Direction: West
Current Base Zoning: "C-2"
Current Land Uses: Undeveloped Land
 
Direction: North
Current Base Zoning: "C-3R" and "I-1"
Current Land Uses: Undeveloped Land
 
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: Westover Hills Boulevard
Existing Character: Secondary Arterial Type A; two lanes in each direction with center medians and sidewalks
Proposed Changes: None known
 
Thoroughfare: Raba Drive
Existing Character: Local Streets; one lane in each direction with sidewalks
Proposed Changes: None known
 
Public Transit: There is no public transit near the subject property
 
Traffic Impact: A traffic impact analysis is required but may be deferred until the platting or permitting stage of development.
 
Parking Information:  Off-street vehicle parking requirements are typically determined by the type and size of use.  The rezoning application generally refers to proposed office and retail uses.  Therefore, staff cannot calculate the parking requirement at this time.  
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the existing residential zoning classification.
 
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 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" Commercial District is consistent with the adopted land use designation.
 
The General Urban Tier accommodates a wide range of residential densities and commercial uses.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff has found no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.
 
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 on a major thoroughfare.
 
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 request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The subject property measures 3.27 acres in size, which is sufficient to accommodate commercial development and required parking.
 
7.  Other Factors:  
None.