Department: Transportation & Capital Improvements
SUBJECT:
Culebra 11 Acre CLOMR
SUMMARY:
Request by Kopplow Development, LLC. for approval of a variance request associated with a Conditional Letter of Map Revision (CLOMR) for a commercial tract generally located approximately 950 feet from the southeast corner of Culebra Road & Loop 410. Staff recommends Approval. (Sabrina Santiago, Senior Engineering Associate, (210) 207-0182, Sabrina.santiago@sanantonio.gov, TCI Department)
BACKGROUND INFORMATION:
Council District: District 6 - San Antonio
Filing Date: April 25, 2016
Owner: Edward K. Kopplow-Kopplow Development, LLC.
Engineer/Surveyor: Pape Dawson, Engineers
Staff Coordinator: Sabrina Santiago, Senior Engineering Assoc., (210) 207-0182
ANALYSIS:
Variance Request:
One April 25, 2016, the applicant requested a variance from Section 35-F124 (f) (20) of the Unified Development Code (UDC). The TCI Department, Storm Water Division has no objection to the granting of the variance as indicated in the attached report (ATTACHMENT #1).
FEMA Study:
A CLOMR was prepared to reclaim the subject site from the effective floodplain for proposed development. The study has shown no increase in water surface elevations within Leon Creek and proven no adverse impact to adjacent properties or the FEMA 1% annual chance floodplain with the proposed improvements. In addition, a past City regional detention facility was constructed in the early 2000s southwest of the subject site and has caused an increase in base flood elevation of approximately two feet on the subject property.
It is noted that a Floodplain Development Permit (FPDP) will not be issued until a CLOMR is approved by FEMA. In addition, a Letter of Map Revision (LOMR) must be prepared and approved by FEMA indicating the as-built conditions for the said channel improvements to Leon Creek to release any building permits for approval.
Aquifer Review:
The subject property is not located within the Edwards Recharge Zone.
Alternative Actions:
Plat consideration without a Variance:
• Per State Law, Section, 212.009 and Unified Development Code, Section 35-432(e) the Planning Commission must approve Plats that conform to the Code.
Plat consideration with a Variance:
• Per State Law, Section, 212.009 and Unified Development Code (UDC), Section 35-432(d) the Planning Commission considers staff review of the variance request along with the plat.
• In accordance with UDC 35-483 the Planning Commission shall render a written finding of the variance by approving, denying, or approving with conditions.
1. Approve with conditions: In granting variances, the commission may impose such reasonable conditions as will ensure that the property will be as compatible as practical with the regulations and surrounding properties.
2. Approval criteria: The planning commission may grant variances if it concludes that strict compliance with regulations would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of these regulations will be observed, public safety and welfare secured, and substantial justice done. The planning commission may grant a variance only if it finds that:
1. The proposed variance will not be contrary to the spirit and intent of this code and the regulations from which the variance is requested and the proposed variance complies with all other applicable standards of subsection 35-432 <https://www.municode.com/library/>(e) to the extent practicable; and
2. The hardship relates to the applicant's land, rather than personal circumstances; and
3. The hardship is not the result of the applicant's own actions and that the applicant has taken all practicable measures to minimize any adverse impacts on the public health, safety and public welfare;
4. Under the circumstances, the public interest underlying the proposed variance outweighs the public interest underlying the particular regulation for which the variance is granted; and
5. The granting of the variance will not be injurious to other property and will not prevent the orderly subdivision of other property in the area in accordance with these regulations.
3. Denial: The Planning Commission may disapprove a variance based on staff error by specifically identifying non-compliance with the Unified Development Code.
RECOMMENDATION:
Staff reviewed the request, and found it to be in conformance with the Unified Development Code (UDC) with exception of the Variances mentioned above. In regards to these Variances, staff does concur with the applicant's justification. Therefore, the Director of Development Services/and TCI recommends approval of the variances.