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File #: 14-858   
Type: Zoning Case
In control: City Council A Session
On agenda: 5/1/2014
Posting Language: ZONING CASE # Z2014118 (District 4): An Ordinance amending the Zoning District Boundary from "I-2 AHOD" Heavy Industrial Airport Hazard Overlay District to "C-2 AHOD" Commercial Airport Hazard Overlay District on 0.569 acres out of Lot 5, Block 2, NCB 17431 located at 3006 Southwest Military Drive. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-118, 2. Z2014118, 3. Draft Ordinance, 4. Ordinance 2014-05-01-0298
DEPARTMENT: Development Services       
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 4
 
SUBJECT:
Zoning Case Z2014118
 
SUMMARY:
Current Zoning:  "I-2 AHOD" Heavy Industrial Airport Hazard Overlay District
 
Requested Zoning:  "C-2 AHOD" Commercial Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:       April 01, 2014
 
Case Manager: Ernest Brown, Planner
 
Property Owner: Purple Orchid, LLC (by Margaret O'Neil, Manager)
 
Applicant: Ryan Rumohr
 
Representative: Charles Pope
 
Location: 3006 Southwest Military Drive
 
Legal Description: The north 109.8 feet of Lot 5, Block 2, NCB 17431
 
Total Acreage: 0.5692
 
Notices Mailed
Owners of Property within 200 feet:  9
Registered Neighborhood Associations within 200 feet:  None
Planning Team:  West/Southwest Sector Plan - 36
Applicable Agencies:  None
 
Property Details
Property History:  The subject property was annexed in 1952 and was originally zoned "MM" Second Manufacturing District.  Upon the adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "I-2" Heavy Industrial District. The subject property was platted in 1983 (Volume 9509, Page 74), then divided without a replat in its current configuration.  It was developed in 1994 with 2,370 total square feet of commercial structures.
 
Topography:  The subject 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:  "I-1", "C-3"
Current Land Uses:  Tire Shop, Parking Lot, Auto Sales, and Tire & Battery Sales
 
Direction:  East, South, West
Current Base Zoning:  "I-2"
Current Land Uses:  Gas Station, and Retail
 
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:  Southwest Military Drive
Existing Character:  Arterial Type A; three lanes in each direction with center turn lanes and sidewalks.
Proposed Changes:  None
 
Thoroughfare:  Barlite Boulevard
Existing Character:  Collector; two lanes in each direction with sidewalks.
Proposed Changes:  None
 
Public Transit:  The nearest VIA bus lines are the 550 and 551 which operate along Southwest Military Drive, and the 54 and 524 which operate along Barlite Boulevard with multiple bus stops in the vicinity 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:  Off-street vehicle parking requirements for a restaurant with drive thru lanes are a minimum of 1 space per 150 square feet of gross floor area and a maximum of 1 space per 40 square feet of gross floor area.
 
ISSUE:
None
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current heavy industrial 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 West/Southwest Sector Plan and is currently designated as Mixed Use Center 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.  Although many of the surrounding properties carry heavy industrial zoning, the established pattern of development in the area is retail, office, and service-oriented.
 
3.  Suitability as Presently Zoned:  
The existing zoning is not appropriate for the subject property. The "I-2" district is meant to accommodate heavy industrial and manufacturing uses that are not suitable for the subject property or the surrounding areas.
 
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 subject property measures 0.5692 of an acre in size, which is sufficient to accommodate commercial development and required parking.
 
7.  Other Factors:  
None.