DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 2
SUBJECT:
Zoning Case Z2014131
SUMMARY:
Current Zoning: "NP-10 AHOD" Neighborhood Preservation Airport Hazard Overlay District and "C-2 AHOD" Commercial Airport Hazard Overlay District
Requested Zoning: "L AHOD" Light Industrial Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: May 20, 2014
Case Manager: Tony Felts, Planner
Property Owner: San Antonio River Authority (by Stephen T. Graham, PE, Assistant General Manager)
Applicant: OCI Solar Power (by David Pressman, Development Manager)
Representative: David Pressman
Location: Portions of the 5200 through 5900 Blocks of East Loop 1604 North
Legal Description: 68.79 acres out of NCB 16580 and NCB 16581
Total Acreage: 68.79
Notices Mailed
Owners of Property within 200 feet: 5
Registered Neighborhood Associations within 200 feet: None
Planning Team: IH-10 East Corridor Perimeter Plan - 29
Applicable Agencies: None
Property Details
Property History: The subject property was annexed in 1974 and was originally zoned "Temp R-1" Temporary Single Family Residence District. In a 1989 City-initiated large-area case, the property was rezoned to "R-A" Residence Agriculture District and "B-2" Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to the current "NP-10" Neighborhood Preservation District and "C-2" Commercial District, respectively. The property is not platted and is undeveloped with the exception of a water storage tank. The subject property consists of a portion of three larger tracts, the remainders of which are located outside of the city limits.
Topography: The northern portion of the property is included within the 100 year floodplain.
Adjacent Zoning and Land Uses
Direction: North and South
Current Base Zoning: "NP-10" and "C-2"
Current Land Uses: Vacant Property
Direction: East
Current Base Zoning: Right-of-way
Current Land Uses: East Loop 1604 North
Direction: West
Current Base Zoning: Outside of the City Limits
Current Land Uses: Truck Repair, Vacant 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: East Loop 1604 North
Existing Character: Freeway, one lane in each direction, without sidewalks
Proposed Changes: Widening to four lanes in progress
Public Transit: There are no VIA bus lines operating within the vicinity.
Traffic Impact: A Traffic Impact Analysis (TIA) 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 the size of the principle building on the site. The application refers to a proposed solar farm. The UDC does not include specific parking requirements for solar farms; however, utility-related uses are typically required to provide one parking space per employee.
ISSUE:
None.
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current commercial and residential split-zoning and will restrict future land uses to those permissible in the "NP-10" and "C-2" base zoning districts.
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
RECOMMENDATION:
Staff and Zoning Commission (7-0) recommend approval pending the plan amendment.
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 IH-10 East Corridor Perimeter Plan and is designated as Parks/Open Space in the future land use component of the plan. Unlike most land use designations, consistency with the Parks/Open Space designation is not determined by base zoning district. Instead, it is determined by the proposed land use. The land use designation is meant to accommodate large or linear unimproved land where conservation is promoted and development is not encouraged. This includes flood plains, utility easements, and land uses that encourage outdoor passive or active recreation.
The proposed use is not consistent with the adopted land use designation. The applicant has applied for a plan amendment to have the property designated as Light Industrial. Staff and Planning Commission recommend approval of the request.
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. The property is currently being used in conjunction with waste-water treatment, and the proposed solar farm use may serve to mitigate adverse impacts from the current land use.
3. Suitability as Presently Zoned:
The existing "NP-10" and "C-2" base zoning districts are not consistent with the adopted future land use plan. While the existing zoning is consistent with surrounding zoning, the amount of floodplain in the area makes large-scale commercial development unlikely and residential development undesirable.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety or welfare.
5. Public Policy:
Should the requested plan amendment be approved, the request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is over 68 acres in size, which is sufficient to accommodate the uses permitted in the "L" zoning district.
7. Other Factors:
None.