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File #: 14-2843   
Type: Zoning Case
In control: City Council A Session
On agenda: 12/4/2014
Posting Language: ZONING CASE # Z2014273 CD (District 3): An Ordinance amending the Zoning District Boundary from "C-2 AHOD" Commercial Airport Hazard Overlay District to "C-2NA CD AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales (Full Service) allowing a fence up to six (6) feet in height along the front yard and allowing a fence up to eight (8) feet in height along the side and rear yards of the subject property in accordance with Section 35-514 (d)(2)(D) of the Unified Development Code on Lot 3, Block 11, NCB 14849 located on a portion of the 11900 Block of Southeast Loop 410 (aka 11942 Southeast Loop 410). Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-273, 2. Z2014273 CD_Site Plan, 3. Z2014273 CD, 4. DRAFT ORDINANCE, 5. Ordinance 2014-12-04-0986
DEPARTMENT: Development Services       
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 3
 
SUBJECT:
Zoning Case Z2014273 CD
 
SUMMARY:
Current Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District
 
Requested Zoning:  "C-2NA CD AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales (Full Service)
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: November 4, 2014
 
Case Manager: Brenda V. Martinez, Planner
 
Property Owner: Jimmy Escobedo and Ruth Escobedo
 
Applicant: Stephen Arters
 
Representative: Stephen Arters
 
Location: A portion of the 11900 Block of Southeast Loop 410 (aka 11942 Southeast Loop 410)
 
Legal Description: Lot 3, Block 11, NCB 14849
 
Total Acreage: 0.1926
 
Notices Mailed
Owners of Property within 200 feet:  9
Registered Neighborhood Associations within 200 feet:  Villa Coronado Neighborhood Association
Planning Team: Heritage South Sector Plan - 30
Applicable Agencies:  City of San Antonio Aviation Department
 
Property Details
Property History: The property was annexed in 1952 and was originally zoned "B" Residence District. In a 1986 City-initiated large-area case, the property was rezoned to "B-3NA" Business Non-Alcoholic Sales District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to "C-3NA" General Commercial Nonalcoholic Sales District. In a 2003 City-initiated, large-area case, the property was rezoned to "UD" Urban Development District.  In a 2014 City-initiated, large-area case, the property was rezoned to "C-2" Commercial District.
 
The property was platted into its current configuration in 2013 (Volume 9660, Page 11 of the Deed and Plat Records of Bexar County, Texas), and is occupied with a small storage shed and carport.  
 
Topography: The 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: South  
Current Base Zoning: "R-4"   
Current Land Uses: Single-Family Residence and Vacant Land  
 
Direction: West and East  
Current Base Zoning: "C-2"    
Current Land Uses: Outside Storage
 
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: Southeast Loop 410  
Existing Character: Freeway; 8 lanes
Proposed Changes: None known
 
Thoroughfare: East Chavaneaux Road
Existing Character: Local Street; 1 lane in each direction
Proposed Changes: None known  
 
Public Transit:  The closest VIA bus line is the number 42 line, which operates along Roosevelt Avenue, east 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 of use and building size.  Motor Vehicle Sales uses are required to provide a minimum of 1 space per 500 square feet of Gross Floor Area (GFA) of sales and service building, and a maximum of 1 space per 375 square feet of GFA of sales and service building.  
 
ISSUE:
The Villa Coronado Neighborhood Association is in support of the rezoning request.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current commercial zoning classification prohibiting the conditional use for motor vehicle sales (full service).
 
FISCAL IMPACT:
None.  The applicant has paid the required zoning fees.
 
RECOMMENDATION:
Staff and Zoning Commission (8-0) 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 Heritage South Sector Plan and is currently designated as General Urban Tier in the future land use component of the plan.  The requested "C-2" 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.  Staff finds the proposed use to be appropriate as the property is situated along an arterial thoroughfare, surrounded by other properties of similar use and/or zoning district.
 
3.  Suitability as Presently Zoned:  
The current "C-2" zoning is appropriate for the area.  The "C-2" Commercial zoning district accommodates commercial and retail uses that are more intensive in character than neighborhood or light commercial, and which generate a greater volume of vehicular or truck traffic.  Medium intensity commercial zoning is most appropriate along arterials or major thoroughfares.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare. There is an established pattern of commercial zoning along this block of Southeast Loop 410.
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.  The requested base zoning district is consistent with the adopted land use plan.  
 
6.  Size of Tract:  
The subject property measures 0.1926 acres and is of sufficient size to accommodate the proposed use, as shown on the Conditional Use site plan.
 
7.  Other Factors:  
The applicant requests a 6-foot fence along the front yard of the 0.1926 acre tract of land as well as an 8-foot fence along the side and rear yards of the subject property.  According to Section 35-514 (d)(2)(D) "additional fence height is permitted by the City Council pursuant to a rezoning or Specific Use Authorization."