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File #: 15-1400   
Type: Zoning Case
In control: City Council A Session
On agenda: 3/5/2015
Posting Language: ZONING CASE # Z2015079 (District 10): An Ordinance amending the Zoning District Boundary from “C-3R AHOD” General Commercial Restrictive Alcohol Sales Airport Hazard Overlay District and “C-3R MC-3 AHOD” General Commercial Restrictive Alcohol Sales Austin Highway/Harry Wurzbach Metropolitan Corridor Airport Hazard Overlay District to “C-2 AHOD” Commercial Airport Hazard Overlay District and “C-2 MC-3 AHOD” Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Airport Hazard Overlay District on Lot 23, Block 34, NCB 9073 located at 1253 Austin Highway. Staff and Zoning Commission recommend Approval.
Attachments: 1. Z2015-079_Location Map, 2. Z2015079_Minutes, 3. 15-1400 Z2015079 DRAFT ORDINANCE, 4. Ordinance 2015-03-05-0178
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: 10
 
SUBJECT:
Zoning Case Z2015079
 
SUMMARY:
Current Zoning:  "C-3R AHOD" General Commercial Restrictive Alcohol Sales Airport Hazard Overlay District and "C-3R MC-3 AHOD" General Commercial Restrictive Alcohol Sales Austin Highway/Harry Wurzbach Metropolitan Corridor Airport Hazard Overlay District
 
Requested Zoning:  "C-2 AHOD" Commercial Airport Hazard Overlay District and "C-2 MC-3 AHOD" Commercial Austin Highway/Harry Wurzbach Metropolitan Corridor Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  February 03, 2015
 
Case Manager:  Trenton Robertson, Senior Planner
 
Property Owner:  1251 Austin Highway, LP (Scott James Petty)
 
Applicant:  Core Property Capital (John Graham)
 
Representative:  Kaufman & Killen (Ashley Farrimond)
 
Location:  1253 Austin Highway
 
Legal Description:  Lot 23, Block 34, NCB 9073
 
Total Acreage:  1.704
 
Notices Mailed
Owners of Property within 200 feet:  25
Registered Neighborhood Associations within 200 feet:  Terrell Heights Neighborhood Association
Planning Team:  Northeast Inner Loop Neighborhood Plan-9
Applicable Agencies:  None
Property Details
Property History:  The northern portion of the subject property was annexed in 1945 and the southern portion of the subject property was annexed in 1944 and was originally zoned "F" Local Retail District.  In a 1979 case, the property was rezoned to "B-3 R" Restrictive Business District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to the current "C-3 R" General Commercial Restrictive Alcohol Sales.  The subject property was platted into its current configuration in 1979 (volume 8600, page 205 of the Deed and Plat Records of Bexar County, Texas).  The subject property is developed with a commercial structure measuring 1,066 square feet in size and was built in 1980.        
 
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:  "C-2" and "MF-33"
Current Land Uses:  Parking Lot, Apartment Complex and Duplexes
 
Direction:  South
Current Base Zoning:  "C-3" and "C-2"
Current Land Uses:  Storage Units, Car Wash, Parking Lot and School
 
Direction:  East
Current Base Zoning:  "C-2"
Current Land Uses:  Vacant and Motel
 
Direction:  West
Current Base Zoning:  "C-3" and "C-2"
Current Land Uses:  Retail Center and Parking Lot
 
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.
The "MC-3" Austin Highway/Harry Wurzbach Metropolitan Corridor provides site and building design standards for properties located along the two corridors.  Metropolitan Corridors follow arterial streets or expressways in developed portions of the city and shall be directed toward reduction of existing visual clutter, improved design features, and preservation of developed areas of the city.  A zoning review is performed by the Zoning Section of the Development Services Department.
 
Transportation
Thoroughfare:  Seidel Road and Bryn Mawr Drive
Existing Character:  Local; one lane in each direction with partial sidewalks
Proposed Changes:  None known
 
Thoroughfare:  Austin  Highway
Existing Character:  Primary Arterial Type A 120'; two lanes in each direction with sidewalks
Proposed Changes:  None known
 
Public Transit:  VIA bus lines 14 and 214 operates along Austin Highway, south of the subject property.  
 
Traffic Impact:  A traffic impact analysis (TIA) report is not required.  The traffic generated by the proposed development does not exceed the threshold requirements.  
 
Parking Information:  The off-street vehicle parking requirements for commercial uses are typically determined by building size and use (application did not specify the use).  The number of required spaces cannot be determined at this time.
 
ISSUE:
None.
 
ALTERNATIVES:
Denial of the zoning request will result in the subject property retaining the more intense commercial zoning district; the subject property would not be able to be rezoned for a less intense zoning district with less of an impact.
 
FISCAL IMPACT:
None.  The applicant paid all required zoning application 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 property is located within the Northeast Inner Loop Neighborhood Plan, and is currently designated as Community Commercial in the future land use component of the plan.  The requested "C-2" base zoning 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 subject property is located along an established commercial corridor designed for a high volume of traffic.
 
3.  Suitability as Presently Zoned:  
Both the current and requested zoning districts are appropriate for the subject property.  This area has been established as a commercial corridor.  The surrounding uses are consistent with the requested "C-2" zoning district.  The "C-2" zoning district will have less of an impact on the residential neighborhood to the north which is mostly comprised of multi-family dwellings.
 
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 is 1.704 of an acre in size, which should be able to reasonably accommodate the proposed commercial zoning.
 
7.  Other Factors:  
None.