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File #: 14-2782   
Type: Zoning Case
In control: City Council A Session
On agenda: 12/4/2014
Posting Language: ZONING CASE # Z2014245 CD (District 2): An Ordinance amending the Zoning District Boundary from "R-5" Residential Single-Family District to "C-3 CD" General Commercial District with a Conditional Use for Warehousing on 1.0116 acres out of Lot 12 and portions of Lot 13, NCB 10613 located at 4531 and 4539 Emil. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014245 CD_Site Plan.pdf, 2. Z2014-245.pdf, 3. Z2014245 CD.pdf, 4. DRAFT ORDINANCE, 5. Ordinance 2014-12-04-0980
DEPARTMENT: Development Services            
 
DEPARTMENT HEAD: Roderick Sanchez
 
COUNCIL DISTRICTS IMPACTED: Council District 2
 
SUBJECT:
Zoning Case Z2014245 CD
 
SUMMARY:
Current Zoning:  "R-5" Residential Single-Family District
 
Requested Zoning:  "C-3 CD" General Commercial District with a Conditional Use for Warehousing
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  October 21, 2014
 
Case Manager:  Trenton Robertson, Planner
 
Property Owner:  Johnny Frank Silva
 
Applicant:  Paul A. Welborn
 
Representative:  Brown & Ortiz, P. C. (James Griffin)
 
Location:  4531 and 4539 Emil
 
Legal Description:  1.0116 acres out of Lot 12 and portions of Lot 13, NCB 10613
 
Total Acreage:  1.016
 
Notices Mailed
Owners of Property within 200 feet:  15
Registered Neighborhood Associations within 200 feet:  None
Planning Team:  Arena District/Eastside Community Plan-22
Applicable Agencies:  None
 
Property Details
Property History:  The subject property is located within the city limits as recognized in 1957 and was originally zoned "A" Single-Family Residential District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "R-5" Residential Single-Family District.  The subject property is not platted in its current configuration but is developed with a residential structure measuring 768 square feet that was built in 1942.    
 
Topography:  The subject property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.  
 
Adjacent Base Zoning and Land Uses
Direction:  North
Current Base Zoning:  "I-2"
Current Land Uses:  Freight
 
Direction:  South
Current Base Zoning:  "C-3" and "R-5"
Current Land Uses:  Road Service, Restaurant, Parking Lot and Single-Family Residences
 
Direction:  East
Current Base Zoning:  "I-1" and "R-5"
Current Land Uses:  Warehouse, Vacant, Single-Family Residence
 
Direction:  West
Current Base Zoning:  "I-2"
Current Land Uses:  Tire Repair, Warehouse and Vacant
 
Overlay and Special District Information:  None
 
Transportation
Thoroughfare:  Emil Street
Existing Character:  Local; one lane each in each direction with no sidewalks
Proposed Changes:  None known
 
Public Transit:  VIA bus lines 24, 222, 550, 551 operate along North WW White Road, with multiple stops west of the subject property.
 
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 and size of use.  The zoning application refers to a warehouse.
Warehousing - Minimum Parking Requirement: 1 space per 5,000 square feet of Gross Floor Area (GFA); Maximum Parking Requirement: 1 space per 350 square feet of GFA.      
Office Warehouse (Flex Space) outside storage not permitted - Minimum Parking Requirement: 1 space per 2,000 square feet of Gross Floor Area (GFA); Maximum Parking Requirement: 1 space per 200 square feet of GFA.      
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the single-family residential zoning; the subject property would not be able to be developed as a warehouse, but rather be developed for residential purposes in an established industrial area.
 
FISCAL IMPACT:
None.  The applicant has paid the required zoning fees.  
 
RECOMMENDATION:
Staff and Zoning Commission (10-0) 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 Arena District/Eastside Community Plan and is currently designated as Regional Commercial in the future land use component of the plan.  The requested "C-3" base zoning district is consistent with the adopted land use designation.
 
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 majority of the abutting properties are zoned for and developed as industrial/commercial uses.
 
3.  Suitability as Presently Zoned:  
The current "R-5" Residential Single-Family zoning district is not suitable for the subject property.  The area is transitioning from an established single-family residential neighborhood into an emerging industrial/commercial center.
 
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 is 1.016 acres in size, which should be able to reasonably accommodate the uses permitted in the "C-3" district.
 
7.  Other Factors:  
None.