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File #: 14-970   
Type: Zoning Case
In control: City Council A Session
On agenda: 5/15/2014
Posting Language: ZONING CASE # Z2014130 CD (District 6): An Ordinance amending the Zoning District Boundary from "C-2 AHOD" Commercial Airport Hazard Overlay District to "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for Self Service Storage allowing a solid screen fence up to eight (8) feet in height along the side and rear property lines in accordance with Section 35-514 (d)(2)(D) of the Unified Development Code on 3.253 acres out of Lot 1, Block 14, NCB 17647 located on a portion of 1907 West Loop 1604 North. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-130, 2. Z2014130 CD_Site Plan, 3. Z2014130 CD, 4. Draft Ordinance, 5. Ordinance 2014-05-15-0357
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 6
 
SUBJECT:
Zoning Case Z2014130 CD
 
SUMMARY:
Current Zoning:  "C-2 AHOD" Commercial Airport Hazard Overlay District
 
Requested Zoning:  "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for Self Service Storage
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  April 15, 2014
 
Case Manager:  Osniel Leon, Planner
 
Property Owner:  Corey Forest Development, L. L. C.
 
Applicant:  Pulman, Cappuccio, Pullen, Benson & Jones, L. P.
 
Representative:  Buck Benson
 
Location: A portion of 1907 West Loop 1604 North
 
Legal Description:  3.253 acres out of Lot 1, Block 14, NCB 17647
 
Total Acreage:  3.253
 
Notices Mailed
Owners of Property within 200 feet:  13
Neighborhood Associations:  Oak Creek Homeowners Association (within 200 feet)
Planning Team Members:  West/Southwest Sector Plan
Applicable Agencies:  None
 
Property Details
Property History:  The subject property was annexed in 1992 and was originally zoned "Temp R-1" Temporary Single Family Residence District. In February 2001, the property was rezoned "B-2" Business District. Upon adoption of the 2001 Unified Development Code, the previous zoning district converted to "C-2" Commercial District. The subject site is a portion of a platted lot and is currently undeveloped.
 
Topography:  The subject property is relatively flat and has no physical characteristics that are likely to affect the development.   
 
Adjacent Zoning and Land Uses
Direction:  North and Southwest
Current Base Zoning:  "C-2", "C-2NA"
Current Land Uses:  Undeveloped land
Direction:  South and East
Current Base Zoning:  "R-6"
Current Land Uses:  Single-family residences
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:  West Loop 1604 North
Existing Character:  Freeway; 2 lanes in each direction
Proposed Changes:  None known
 
Thoroughfare:  Kilmarnoch Lane and Copperfield Road
Existing Character: Local Streets; 2 lanes in each direction with no sidewalks
Proposed Changes:  None known
 
Public Transit:  There are no VIA bus lines in the vicinity.
 
Traffic Impact:  A Traffic Impact Analysis (TIA) is not required because 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.  The zoning application refers to a proposed Self Service Storage use, which requires a minimum of 4 spaces plus 2 additional spaces for manager's quarters. The use does not carry a maximum parking allowance.  
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the existing commercial zoning designation.
 
FISCAL IMPACT:
None.  The applicant has paid the required zoning fees.
 
RECOMMENDATION:
Staff and Zoning Commission (7-0) 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 identified as being in the Suburban Tier in the future land use component of the plan. The requested 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 request does not include any change to the base zoning district.    
 
3.  Suitability as Presently Zoned:  
The existing zoning is suitable for the subject property.  The "C-2" district accommodates commercial and retail uses that are more intensive in character than neighborhood or light commercial uses, and which generate a greater volume of vehicular or truck traffic.  The property's location with frontage on an expressway is suitable for medium intensity commercial zoning and use that can serve as a transition between the expressway to the west and the residential uses to the east.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare.
 
Should the zoning change be approved, a Type B 15-foot landscape buffer, a 6-foot tall solid screen fence, and building setbacks (10-foot side and 30-foot rear) will be required where the subject property abuts residential zoning or uses. These development standards will serve to mitigate the possible effects of increased noise and traffic on the subject property.
 
5.  Public Policy:  
The request does not appear to conflict with any established public policy.
 
6.  Size of Tract:  
The 3.253 acre tract is of sufficient size to accommodate the uses permitted in the "C-2" district as well as the requested conditional use and required parking. The applicant has submitted a site plan in order to comply with the Conditional Use requirements.                            
 
7.  Other Factors:  
The conditional zoning procedure is designed to provide for a land use within an area that is not permitted by the established zoning district but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.
 
The granting of conditional zoning shall only be for the conditional use named in the ordinance (Self Service Storage) approving the conditional zoning district.
 
The applicant is requesting authorization for an 8-foot solid fence along the side and rear property lines. According to Section 35-514 of the UDC, a fence may be erected up to (8) feet where the additional fence height is permitted by the city council pursuant to a rezoning.