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File #: 13-821   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/21/2013
Posting Language: ZONING CASE # Z2013132 ERZD (District 9): An Ordinance amending the Zoning District Boundary from "R-6 MSAO-1 MLOD-1 ERZD" Residential Single-Family Camp Bullis Military Sound Attenuation Overlay Camp Bullis Military Lighting Overlay Edwards Recharge Zone District to "C-2NA MSAO-1 MLOD-1 ERZD" Commercial Nonalcoholic Sales Camp Bullis Military Sound Attenuation Overlay Camp Bullis Military Lighting Overlay Edwards Recharge Zone District on Lot 28, Block 31, NCB 19215 located on a portion of the 22000 Block of Wilderness Oak. Staff and Zoning Commission recommend approval. (Continued from November 7, 2013)
Attachments: 1. Z2013-132, 2. Z2013132 ERZD, 3. Z2013132 ERZD_SAWS, 4. Draft Ordinance, 5. Ordinance 2013-11-21-0830
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 9
 
SUBJECT:
Zoning Case Z2013132 ERZD
 
SUMMARY:
Current Zoning: "R-6 MSAO-1 MLOD-1 ERZD" Residential Single-Family Camp Bullis Military Sound Attenuation Overlay Camp Bullis Military Lighting Overlay Edwards Recharge Zone District
 
Requested Zoning:  "C-2NA MSAO-1 MLOD-1 ERZD" Commercial Nonalcoholic Sales Camp Bullis Military Sound Attenuation Overlay Camp Bullis Military Lighting Overlay Edwards Recharge Zone District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: August 20, 2013
 
Case Manager: Ernest Brown, Planner
 
Property Owner: DOMI Developers, LLC (by Elsa R. Parker, Manager)
 
Applicant: DOMI Developers, LLC (by Elsa R. Parker, Manager)
 
Representative: P.W. Christensen, P.C. (Patrick Christensen)
 
Location: A portion of the 22000 Block of Wilderness Oak
 
Legal Description: Lot 28, Block 31, NCB 19215
 
Total Acreage: 1.6086
 
Notices Mailed
Owners of Property within 200 feet:  26
Neighborhood Associations:  SA Remington Heights Homeowners Association; the Forest at Stone Oak Homeowners Association is located within 200 feet.
Planning Team Members: 41 - North Sector Plan
Applicable Agencies: San Antonio Water System (SAWS), Camp Bullis Military Training Site
Property Details
Property History:  The subject property was annexed in 1997 and was originally zoned "Temp R-1" Temporary Single Family Residence District.  In a 1998 City-initiated case, the property was rezoned "R-1" Single Family Residence District.  Upon the adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "R-6" Residential Single-Family District. The subject property was platted into its current configuration in 2004 (volume 9562, page 142).  The property is undeveloped.
 
Topography:  The subject property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
 
Adjacent Zoning and Land Uses
Direction: All
Current Base Zoning: "R-6" and "R-6 PUD"
Current Land Uses:  Single Family Residences and Drainage Rights-of-Way
 
Overlay and Special District Information:  All surrounding properties carry the "ERZD" Edwards Recharge Zone District.  The "ERZD" does restrict permitted uses, due to the environmentally sensitive nature of the recharge zone.  Per Chapter 34 of the City of San Antonio Code of Ordinances, the San Antonio Water System (SAWS) and City of San Antonio departments share regulatory jurisdiction over development within the "ERZD".
All surrounding properties carry the "MSAO-1" Camp Bullis Military Sound Attenuation Overlay District, due to their proximity to Camp Bullis.  The "MSAO-1" does not restrict permitted uses, but does enforce construction standards intended to lessen the impact of external noise from the nearby military installation.  The "MSAO-1" regulations apply to new construction of habitable structures.
 
All surrounding properties carry the "MLOD" Military Lighting Overlay District, due to their proximity to Camp Bullis.  The "MLOD" does not restrict permitted uses, but does regulate outdoor lighting in an effort to minimize night-time light pollution and its effects on operations at the military installation.
 
Transportation
Thoroughfare:  Wilderness Oaks
Existing Character:  Secondary Arterial Type A; two lanes in each direction with center turn lanes and sidewalks
Proposed Changes:  None Known
 
Thoroughfare: Tornillo Drive, Llano Sound, and Nueces Spring
Existing Character:  Local Streets; one lane in each direction with sidewalks
Proposed Changes:  None Known
 
Public Transit:  There are no public transit lines near 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 and size of use.  The rezoning application generally refers to proposed office and retail uses.  Therefore, staff cannot calculate the parking requirement at this time.  
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the existing zoning.
 
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
 
RECOMMENDATION:
Staff and Zoning Commission (9-1) 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 currently designated as Suburban Tier in the future land use component of the plan. The requested "C-2" Commercial 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 property is surrounded by residential zoning, which will trigger building setbacks,  landscape buffer, and fence requirements for any new construction.  Development in the "C-2" district will require 10-foot side and 30-foot rear building setbacks; a Type B, 15-foot landscape buffer where abutting single-family residential zoning; and a 6-foot tall solid screen fence where abutting existing single-family residential uses.
 
3.  Suitability as Presently Zoned:  
The existing residential zoning is not appropriate for the subject property.  New residential development is not likely on the subject property due to the property's location on a major thoroughfare.  The property may be accessed only from Wilderness Oak due to a 1-foot non-access easement along Tornillo Drive.
 
4.  Health, Safety and Welfare:  
The attached SAWS report outlines potential general environmental concerns.  Staff has found no evidence of likely adverse impacts on the health, safety and welfare of the surrounding community, provided the SAWS recommendations are followed.
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The subject property measures 1.3227 acres in size, which is sufficient to accommodate commercial development and required parking. The size of the tract, required development standards, and impervious cover regulations will limit the scale of development on the site.
 
7.  Other Factors:  
The subject property is located within the Camp Bullis Awareness Zone / Military Influence Area.  In accordance with the signed Memorandum of Understanding between Fort Sam Houston and the City of San Antonio, zoning staff is not required to provide the Military with a copy of the zoning request because the subject property is less than 10 acres in size and does not abut the military installation.
 
SAWS identifies the subject property as a Category 2 property.  SAWS staff recommends approval of the zoning request, provided that the impervious cover shall not exceed 50% on the site.