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File #: 14-1141   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/5/2014
Posting Language: ZONING CASE # Z2014140 (District 10): An Ordinance amending the Zoning District Boundary from "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District to "C-2NA AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District on Lot 1, Block 24, NCB 16587 located at 14590 Toepperwein Road. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-140, 2. Z2014140, 3. Ordinance 2014-06-05-0408
DEPARTMENT: Development Services       
 
DEPARTMENT HEAD: Roderick Sanchez      
      
COUNCIL DISTRICTS IMPACTED: Council District 10
 
SUBJECT:
Zoning Case Z2014140
 
SUMMARY:
Current Zoning: "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District
 
Requested Zoning: "C-2NA AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:      May 6, 2014
 
Case Manager: Brenda V. Martinez, Planner
 
Property Owner: Christina Anyel
 
Applicant: Christina Anyel
 
Representative: Christina Anyel
 
Location: 14590 Toepperwein Road
 
Legal Description: Lot 1, Block 24, NCB 16587
 
Total Acreage: 4.589
 
Notices Mailed
Owners of Property within 200 feet: 35
Registered Neighborhood Associations within 200 feet: None
Planning Team: North Sector Plan - 39
Applicable Agencies: None
Property Details
Property History: The subject property was annexed in 1994 and was originally zoned "Temp R-1" Temporary Single-Family Residence District.  In a 1995 case, the property was rezoned to "R-1" Single-Family Residence District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the "R-6" Residential Single-Family District.  The subject property is currently developed with multiple structures.  According to the Bexar Appraisal District, the property has a residential structure measuring 392 square feet that was built in 1941.  In 1989, a 522 square foot detached garage was constructed.  Another 2,000 square foot residential structure with an attached 3,000 square foot garage was built in 2012.  A detached 800 square foot garage was also built in 2012.  An equipment shed measuring 1,800 square feet was built in 1970.  Another equipment shed measuring 4,800 square feet was built in 2011.  
 
The applicant is requesting a zoning change in order to bring the existing motorcycle shop into compliance with zoning.  
 
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: North   
Current Base Zoning: "C-3" and "R-6"  
Current Land Uses: Vacant Land
 
Direction: South, East and West
Current Base Zoning: "R-6"    
Current Land Uses: Vacant Land and Single-Family Residences    
 
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: Toepperwein Road  
Existing Character: Secondary Arterial Type A Street; 1 lane in each direction     
Proposed Changes: None known  
 
Public Transit: The nearest VIA bus line is the number 641 line, which operates along Toepperwein and Prime Time.
 
Traffic Impact: A Traffic Impact Analysis is not required.  The traffic generated by the proposed development does not exceed the threshold requirements.
 
Parking Information: Off-street vehicle parking requirements typically are determined by the type of use and building size.  The rezoning application refers to a motorcycle shop that will specialize in tire repair, oil, lube and tune ups.  The UDC does not list parking requirements specifically for motorcycle tire repair or motorcycle oil, lube and tune ups.  Motorcycles would be classified under the same category as auto and light trucks.
 
Auto and Light Truck - oil, lube and tune up - Minimum Parking Requirement: 1 space per 500 square feet of Gross Floor Area (GFA) of sales and service building.  Maximum Parking Requirement: 1 space per 375 square feet of GFA of sales and service building.  
 
Tire Repair - auto and small truck (sale and installation only, no mechanical service permitted) - Minimum Parking Requirement: 1 space per 500 square feet of Gross Floor Area (GFA) including service bays, wash tunnels and retail areas.  Maximum Parking Requirement: 1 space per 375 square feet of 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 residential zoning, restricting future land uses to those permissible in the "R-6" zoning district.
 
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 North Sector Plan and is identified as Suburban Tier in the future land use component of the plan.  The requested "C-2NA" 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 surrounding properties.  Medium intensity commercial zoning is most appropriate along arterials or major thoroughfares.  Toepperwein Road is designated as a major arterial on the Major Thoroughfare Plan; therefore, it is reasonable to expect commercial development in the area.
 
3.  Suitability as Presently Zoned:  
Both the current "R-6" Residential Single-Family District and proposed "C-2NA" Commercial Nonalcoholic Sales District are consistent with the North Sector Plan land use designation.  However, the property's location along a major arterial makes future residential development unlikely.                                      
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety or welfare.  The purpose of landscaping, screening, and buffer requirements is to provide standards that will protect the health, safety and general welfare of the community.
 
5.  Public Policy:  
The request does not appear to conflict with any established public policy objective.  The requested base zoning district is consistent with the adopted land use plan.  
 
6.  Size of Tract:  
The 4 acre tract is of sufficient size to accommodate uses permitted in the "C-2" district, along with any required parking.  The size of any new development will be limited by the parking, building setback, and landscape buffer requirements.  
 
7.  Other Factors:  
None.