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File #: 14-1572   
Type: Zoning Case
In control: City Council A Session
On agenda: 8/21/2014
Posting Language: ZONING CASE # Z2014191 (District 10): An Ordinance amending the Zoning District Boundary from "C-3 IH-1 AHOD" General Commercial Northeast Gateway Corridor Airport Hazard Overlay District to "L IH-1 AHOD" Light Industrial Northeast Gateway Corridor Airport Hazard Overlay District on 13.135 acres out of Parcel 3, NCB 15911 located on portions of the 11100 - 11200 Blocks of Interstate Highway 35 North. Staff and Zoning Commission recommend approval pending the plan amendment. (Associated Plan Amendment 14062)
Attachments: 1. Z2014-191, 2. Z2014191, 3. Ordinance 2014-08-21-0636
Related files: 14-1638
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
 
COUNCIL DISTRICTS IMPACTED: Council District 10
 
SUBJECT:
Zoning Case Z2014191
 
SUMMARY:
Current Zoning: "C-3 IH-1 AHOD" General Commercial Northeast Gateway Corridor Airport Hazard Overlay District.
 
Requested Zoning: "L IH-1 AHOD" Light Industrial Northeast Gateway Corridor Airport Hazard Overlay District.
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: July 15, 2014
Case Manager: Pedro Vega, Planner
Property Owner: Crosswinds Land Partnership Limited (by Robert C. Wilson, III, President, JOQ GP LLC, General Partner)
Applicant: Bradley L. Smith, Assistant Treasurer, New Bremen Investments, Inc.
Representative: Brown & Ortiz, P.C. (James McKnight)
Location: Portions of the 11100 - 11200 Blocks of Interstate Highway 35 North
Legal Description: 13.135 acres out of Parcel 3, NCB 15911
Total Acreage: 13.135    
 
Notices Mailed
Owners of Property within 200 feet: 6
Neighborhood Associations: None
Planning Team Members: North Sector Plan (39)  
Applicable Agencies: None
 
Property Details
Property History:  The subject property was annexed in December 1972 and was originally zoned "Temp R-1" Temporary Single Family Residence District. In a 1979 case, the property was rezoned to "B-3" Business District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "C-3" General Commercial District.
 
The property is not platted and is undeveloped with the exception of a large storm water detention basin.
 
Topography:  The property does not include any abnormal physical features such as slope or inclusion in a flood plain.
 
Adjacent Base Zoning and Land Uses
Direction: North and Northwest across Crosswinds Way
Current Base Zoning:  "I-1"
Current Land Uses: Business Park and Undeveloped Land
 
Direction: East across Tech Com  
Current Base Zoning:  "C-3"
Current Land Uses: Undeveloped Land
 
Direction: Southwest   
Current Base Zoning: "C-3" and "I-1"
Current Land Uses: Bingo Hall, Retail Center, 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.
 
The Northeast Gateway Corridor District ("IH-1") provides site development standards for commercial properties up to 1,000 feet of Interstate 35 between Walzem Road and the northern City Limits. The standards primarily address building placement, landscaping, building materials, façade design and signage to promote a coordinated development scheme for the Corridor. A zoning review is performed by the Zoning Section of the Development Services Department.
 
Transportation
Thoroughfare:  Crosswinds Way    
Existing Character: Primary Arterial Type A; three lanes in each direction separated by a median for left and right turn lanes with sidewalks.
Proposed Changes:  None known
 
Thoroughfare:  Tech Com      
Existing Character: Primary Arterial Type A; three lanes in each direction separated by a median for left and right turn lanes with sidewalks.
Proposed Changes:  None known
 
Thoroughfare: Interstate Highway 35    
Existing Character: Expressway
Proposed Changes:  None known
 
Public Transit: There are no public transit lines in the vicinity of the subject property.    
 
Traffic Impact:  A Traffic Impact Analysis (TIA) is required, but may be deferred to the permitting stage of the project. A traffic engineer with knowledge of the project must be present at the Zoning Commission meeting.   
 
Parking Information: Off-street vehicle parking requirements for nonresidential uses are typically determined by the type of use and building size.  The rezoning application refers to a truck repair and sales center.  Vehicle sales and service uses are required to provide a minimum of 1 space per 500 square feet of Gross Floor Area (GFA) including service bays, wash tunnels, and retail areas; and may provide a maximum of 1 space per 375 square feet of Gross Floor Area (GFA) including service bays, wash tunnels, and retail areas.
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current general commercial zoning classification, restricting future land uses to those permissible in the "C-3" zoning district.
 
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
 
RECOMMENDATION:
Staff and Zoning Commission (9-0) 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 North Sector Plan and is currently designated as Regional Center in the future land use component of the plan.  The requested "L" Light Industrial District is not consistent with the adopted land use designation.  The applicant has submitted a request to amend the future land use designation to Agribusiness Tier.  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 subject property is located in an area with significant light industrial uses, including business parks, contractor facilities, and warehousing.  The larger area is bound by major thoroughfares, expressways, and rail lines.
 
3.  Suitability as Presently Zoned:  
The current "C-3" and proposed "L" districts are both appropriate for the 13.135 acre site. The "L" district is not consistent with the adopted land use plan; however, it is consistent with the other zoning and uses in the area.
 
4.  Health, Safety and Welfare:  
Staff finds no likely negative effects on the health, safety and welfare of the surrounding lands due to the proposed zoning change.  New development on the property will be subject to the "IH-1" Northeast Gateway Corridor development standards, including additional building setback and parking lot screening standards.
 
5.  Public Policy:  
Should the plan amendment be approved, the rezoning request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The 13.135-acre site is sufficient size to accommodate the uses permitted in the "L" district, required parking, and the additional development standards of the "IH-1" overlay district.
 
7.  Other Factors:  
The proposed amendment to Agribusiness Tier will not significantly alter the land use pattern or character of the immediate area and supports the goals of the North Sector Plan of maintaining and revitalizing the North Sector to retain and expand economic growth along its major corridor and/or centers. In addition, the subject property is within the Northeast Gateway Corridor District (IH-1) and will be subject to the applicable design, landscaping and signage requirements which ensure that development will be consistent with the character of the surrounding area. Adherence will be evaluated as this project moves through the development process.