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File #: 14-2387   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/6/2014
Posting Language: ZONING CASE # Z2014183 CD (District 3): An Ordinance amending the Zoning District Boundary from "C-2 AHOD" Commercial Airport Hazard Overlay District and "MF-40 AHOD" Multi-Family Airport Hazard Overlay District to "C-2 AHOD" Commercial Airport Hazard Overlay District (on 4.929 acres) and "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for Auto and Light Truck Repair (on 0.9 of an acre) on 5.829 acres out of NCB 11166 located on a portion of the 9900 Block of Roosevelt Avenue. Staff and Zoning Commission recommend approval with one condition.
Attachments: 1. Z2014-183 CD, 2. Z2014183 CD_Site Plan, 3. Z2014183 CD, 4. Ordinance 2014.11.06.0880
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
 
COUNCIL DISTRICTS IMPACTED: Council District 3
 
SUBJECT:
Zoning Case Z2014183 CD
 
SUMMARY:
Current Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District and "MF-40 AHOD" Multi-Family Airport Hazard Overlay District
 
Requested Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District (on 4.929 acres) and "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for Auto and Light Truck Repair (on 0.9 of an acre)
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: October 21, 2014
 
Case Manager: Pedro Vega, Planner
Property Owner: Santiago Sandoval
Applicant: AB Civil Consultants LLC (Art Rios)
Representative: AB Civil Consultants LLC (Art Rios)
Location: A portion of the 9900 Block of Roosevelt Avenue
Legal Description: 5.829 acres out of NCB 11166  
 
Total Acreage: 5.829     
 
Notices Mailed
Owners of Property within 200 feet: 51
Neighborhood Associations: Villa Coronado Neighborhood Association
Planning Team Members: Heritage South Sector Plan - 30
Applicable Agencies: None
 
Property Details
Property History: The property was annexed in December of 1988 and was originally zoned "Temp R-1" Temporary Single Family Residence District. In a 1989 City-initiated large-area zoning case, the subject property was rezoned to "R-A" Residence-Agriculture District and "B-3R" Restrictive Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to "R-20" Residential Single-Family District and "C-3R" General Commercial Restrictive Alcoholic Sales District. In a 2003 City-initiated large-area zoning case, the subject property was rezoned to "UD" Urban Development District. In a 2014 City-initiated large-area zoning case, the subject property was rezoned to "C-2" Commercial District and "MF-40" Multi-Family District.  The 5.829 acres is out of a 6.71 acre tract recorded in (Volume 7008, page 937 and Volume 8698, page 593 of the Deed and Plat Records of Bexar County, Texas). The property is developed with two structures built in the 1985.            
 
Topography: The property does not include any abnormal physical features such as slope or inclusion in a flood plain.  
 
Adjacent Zoning and Land Uses
Direction: West
Current Base Zoning: "MF-40"
Current Land Uses: Vacant Land     
 
Direction: North
Current Base Zoning: "C-3NA" and "R-6"
Current Land Uses: Vacant Land, Commercial Uses and Single-Family Dwellings     
 
Direction: South
Current Base Zoning:  "MF-40" and "C-2"
Current Land Uses: Vacant Land and Commercial Uses    
 
Direction: East across   
Current Base Zoning:  "C-3NA"
Current Land Uses: Commercial Uses
 
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: Roosevelt Avenue
Existing Character: Super Arterial Type 3; three lanes in each direction with center turn lanes and partial sidewalks.   
Proposed Changes: None known
 
Public Transit: The VIA bus line number 42, operates along Roosevelt Avenue.                                              
 
Traffic Impact: A Traffic Impact Analysis (TIA) is not required because 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 of use and building size. The rezoning application refers to a proposed auto and light truck repair facility.
 
Minimum Requirement: 1 space per 500 square feet of Gross Floor Area (GFA) including service bays, wash tunnels and retail areas
Maximum Allowance: 1 space per 375 square feet of Gross Floor Area (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 multi-family and commercial zoning classification, restricting future land uses to those permissible in the "MF-40" and "C-2" zoning districts.
 
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
 
RECOMMENDATION:
Staff and Zoning Commission (10-0) recommend approval with one condition.  
 
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 Heritage South 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 and "C-2 CD" Commercial District with a Conditional Use for Auto and Light Truck Repair are consistent with the adopted land use designation.   
 
2.  Adverse Impacts on Neighboring Lands:  
Granting of the"C-2" Commercial District and Conditional Use for Auto and Light Truck Repair are not likely to have an adverse impact on the neighboring lands. The subject property is surrounded by a variety of zoning designations, ranging from commercial to residential.
 
When commercial zoning districts abut single-family residential zoning or uses, building setbacks and landscape buffers are required to mitigate the effects of increased traffic, noise, and lighting from the commercial development. The "C-2" district requires a 30-foot rear setback, a 10-foot side setback and 15-foot wide landscape buffer where the commercial zoning district abuts a residential zoning district.   
 
3.  Suitability as Presently Zoned:
The current "C-2" Commercial District, "MF-40" Multi-Family District and proposed "C-2" Commercial District and Conditional Use are appropriate for the subject property. The proposed change should have minimal impact on adjacent properties, as the property consists of a Tire Shop.
 
The proposed "C-2" Commercial District and Conditional Use for Auto and Light Truck Repair will not change the overall character of the community.  
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare due to the "C-2" Commercial District and Conditional Use for Auto and Light Truck Repair.  
The existing buildings will be required to comply with all commercial building and safety codes prior to the issuance of a Certificate of Occupancy. Any new construction will trigger both building setbacks and landscape buffers to protect abutting residential uses.          
 
5.  Public Policy:  
The requested zoning change does not appear to conflict with any public policy objectives.     
 
6.  Size of Tract:  
The subject site is 5.829 acres in size, which should reasonably accommodate the uses permitted in the "C-2" district, as well as the proposed Auto and Light Truck Repair.  A zoning change request for a Conditional Use requires the applicant to submit a site plan of the subject property that includes all existing and proposed development.  
 
7.  Other Factors:      
The proposed zoning request could be appropriate at this location because it is an adaptive and beneficial use of the property. The "C-2" designation and Conditional Use for the property is not out of character given the commercial uses along Roosevelt Avenue.
 
Staff recommends the following condition:
1.Vehicles must be licensed.