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File #: 14-1167   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/5/2014
Posting Language: ZONING CASE # Z2014134 (District 6): An Ordinance amending the Zoning District Boundary from "C-3 AHOD" General Commercial Airport Hazard Overlay District and "I-1 AHOD" General Industrial Airport Hazard Overlay District to "C-2NA AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District on 10.243 acres out of NCB 17172 located on a portion of the 8600 Block of Waters Edge Drive. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-134, 2. Z2014-134, 3. Ordinance 2014-06-05-0403
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
 
COUNCIL DISTRICTS IMPACTED: Council District 6
 
SUBJECT:
Zoning Case Z2014134
 
SUMMARY:
Current Zoning: "C-3 AHOD" General Commercial Airport Hazard Overlay District and "I-1 AHOD" General Industrial 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: Pedro Vega, Planner
Property Owner: Dittmar Family Partnership (by Joseph D. Calvert, General Partner)  
 
Applicant: Dittmar Family Partnership (by Joseph D. Calvert, General Partner)
 
Representative: P.W. Christensen, P.C. (Patrick Christensen)
Location: A portion of the 8600 Block of Waters Edge Drive
Legal Description: 10.243 acres out of NCB 17172
 
Total Acreage: 10.243  
 
Notices Mailed
Owners of Property within 200 feet: 30
Neighborhood Associations: None
Planning Team Members: West/Southwest Sector Plan - 35
Applicable Agencies: None
 
Property Details
Property History:  The subject property is undeveloped. The property was annexed into the city in 1985 and was originally zoned "B-3" Business District and "Temp R-1" Temporary Single Family Residence District. In a 1986 case, the southern portion of the property was rezoned to "I-1" Light Industry District. Upon adoption of the 2001 Unified Development Code, the previous zoning districts converted to the current "C-3" General Commercial and "I-1" General Industrial District, respectively.
 
Topography:  The subject property is relatively flat and has no physical characteristics that are likely to affect the development.   
 
Adjacent Base Zoning and Land Uses
Direction:  North, South and East
Current Base Zoning:  "MF-25", "MF-33", "C-3", "C-2"
Current Land Uses:  Apartments, undeveloped land, retail center
 
Direction:  West
Current Base Zoning:  "RM-4", "C-3"
Current Land Uses:  Single-family residences, fire station
 
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:  Waters Edge Drive and Horal Drive
Existing Character:  Local Streets, 1 lane in each direction with sidewalks.
Proposed Changes:  None known
 
Public Transit:  The nearest VIA bus line is the number 618, which operates along Cable Ranch Road with a bus stop west of the subject property.
 
Traffic Impact:  A traffic engineer must be present at the zoning commission meeting. A Traffic Impact Analysis (TIA) is required because traffic generated by the proposed development does exceed the threshold requirements.  The (TIA) study may be deferred until the platting or permitting stage of development.
 
Parking Information: Off-street vehicle parking requirements are typically determined by the type and size of use.  The rezoning application generally refers to proposed office use.  
 
Therefore, staff cannot calculate the parking requirement at this time. However, the property as a whole is of sufficient size to accommodate commercial uses and parking.                          
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current commercial and industrial zoning designations, restricting future land uses to those permissible in the "C-3" and "I-1" zoning districts.
 
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 West/Southwest Sector Plan and is designated as "General Urban Tier" in the future land use component of the plan. The requested "C-2NA" Commercial Nonalcoholic Sales 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 request is consistent with the surrounding established pattern of development in the area.
 
3.  Suitability as Presently Zoned:  
The existing split zoning of "C-3" and "I-1" is not consistent with the future land use plan. The existing industrial zoning district does not typically allow retail or service uses; therefore, the existing split-zoning may make new development unlikely or difficult.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare related to this zoning change request. Should the property be used for the industrial uses permitted in the existing zoning district, public health, safety and welfare could be at risk because of the subject property's proximity to residential uses.
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The subject property measures 10.243 acres in size, which is sufficient to accommodate commercial development and required parking.
 
7.  Other Factors:  
The "C-2" Commercial District allows general commercial activities designed to serve the community and promote a broad range of commercial operations and services necessary for large regions of the city, providing community balance. No outdoor storage or display of goods shall be permitted except for outdoor dining.  The "NA" designation prohibits the sale of alcoholic beverages.