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File #: 13-790   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/7/2013
Posting Language: ZONING CASE # Z2013203 CD (District 5): An Ordinance amending the Zoning District Boundary from "C-2NA CD AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District with a Conditional Use for a Carwash to "C-2NA CD AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales on Lot 21, Block 26, NCB 10553 located at 3684 Culebra Road. Staff and Zoning Commission recommends approval with conditions.
Attachments: 1. Site Plan, 2. Location Map, 3. Z2013203 CD, 4. Draft Ordinance, 5. Ordinance 2013-11-07-0772
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 5
 
SUBJECT:
Zoning Case Z2013203 CD
 
SUMMARY:
Current Zoning: "C-2NA CD AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District with a Conditional Use for a Car Wash
 
Requested Zoning: "C-2NA CD AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:       October 15, 2013
 
Case Manager: Tony Felts, Planner
 
Property Owner: Darrell Centeno
 
Applicant: Salah Diab
 
Representative: Salah Diab
 
Location: 3684 Culebra Road
 
Legal Description: Lot 21, Block 26, NCB 10553
 
Total Acreage: 0.66
 
Notices Mailed
Owners of Property within 200 feet:  25
Neighborhood Associations:  Loma Park Neighborhood Association
Planning Team Members:  35 - West/Southwest Sector Plan
Applicable Agencies:  None
 
Property Details
Property History:  The subject property was annexed in 1945 and was originally zoned "C" Apartment District.  In 1953, the property was rezoned to "F" Local Retail District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to "C-2" Commercial District.  In a 2007 case, the property was rezoned to "C-2NA CD" Commercial Nonalcoholic Sales District with a Conditional Use for a Car Wash. The property was platted in 2008, and was developed with a 2,200-square foot car wash facility in 2009.  
 
Topography:  The property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
 
Adjacent Zoning and Land Uses
Direction:  West, North and East
Current Base Zoning:  "C-2", "C-3", and "C-3NA"
Current Land Uses:  Auto Parts Retail, Auto Repair Facilities, Psychic, Single-Family Residence, Retail Centers, Restaurant, and Gas Station
 
Direction:  South
Current Base Zoning:  "R-6"
Current Land Uses:  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:  Culebra Road
Existing Character:  Secondary Arterial, Type A; two lanes in each direction with a center turn lane and sidewalks
Proposed Changes:  None known
 
Thoroughfare:  Ellor Drive
Existing Character:  Local Street; one lane in each direction with no sidewalks
Proposed Changes:  None known
 
Thoroughfare:  Yolanda and Maiden Lane
Existing Character:  Local Streets; one lane in each direction with sidewalks
Proposed Changes:  None known
 
Public Transit:  VIA bus lines 82 and 282 operate along Culebra Road, with multiple stops adjacent to 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:  Motor Vehicle Sales requires a minimum parking ratio of one space per 500 square feet of gross floor area of the sales and service building.  The maximum parking ratio allowed by the UDC is one space per 375 square feet of gross floor area of the sales and service building.  The requisite site plan indicates four parking spaces for customers and employees, with the remaining 32 parking areas designated for vehicle sales inventory.
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of this zoning request would result in the subject property retaining the existing C-2 CD Commercial District with a Conditional Use for a Car Wash and prohibit the proposed Conditional Use for Motor Vehicle Sales.
 
FISCAL IMPACT:
None.  The applicant has paid the required zoning fees.
 
RECOMMENDATION:
Staff and Zoning Commission (8-0) recommend approval with conditions.  
 
Criteria for Review:  According to Section 35-421, zoning amendments shall be based on the approval criteria below.
 
1.  Consistency:  
The subject property is within the West/Southwest Sector Plan and is designated as General Urban Tier in the future land use component of the plan.  The "C-2" base zoning district is consistent with the General Urban Tier designation.  
 
2.  Adverse Impacts on Neighboring Lands:  
Staff finds no likely adverse impacts on surrounding properties in relation to the zoning change request.  This section of Culebra Road is fully developed as a commercial corridor.  The subject property currently functions as a car wash and there are other auto-related uses in the immediate vicinity.  Given the amount of automobile traffic that the current use entails, the transition to motor vehicle sales would likely have a negligible impact on neighboring lands.
 
The conditional zoning procedure is designed to provide for a land use that is not permitted by the established zoning district but, due to individual site considerations or unique development requirements, would be compatible with adjacent land uses under given conditions.
 
3.  Suitability as Presently Zoned:  
The existing zoning and conditional use are appropriate for the subject property.  The rezoning request includes only a change to the conditional use, and both the current and requested conditional uses are auto related.  Therefore, staff finds the request suitable for the subject property.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety or welfare.
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The tract measures 0.66 of an acre in size, and is sufficient to accommodate the uses permitted in "C-2", the proposed conditional use for motor vehicle sales, and the required parking.  The size of the property will serve to limit the scale and impact of the proposed conditional use.
 
7.  Other Factors:  
Staff recommends the following conditions:
 
1. All on-site lighting shall be directed onto the site and point away from any adjacent residential zoning or uses, and
 
2. Outdoor speaker and paging systems shall be prohibited.