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File #: 15-2824   
Type: Zoning Case
In control: City Council A Session
On agenda: 5/21/2015
Posting Language: ZONING CASE # Z2015151 (Council District 4): An Ordinance amending the Zoning District Boundary from "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District to "C-2 AHOD" Commercial Airport Hazard Overlay District (0.538 Acres) and "MF-33 AHOD" Multi-Family Airport Hazard Overlay District (12.50 Acres) on 13.038 acre tract out of NCB 15228 located in the 5800 Block of Ray Ellison Drive. Staff and Zoning Commission recommend Approval pending Plan Amendment.(Associated Plan Amendment 15033)
Attachments: 1. Z2015151_Location Map, 2. Z2015151_Zoning Minutes, 3. DRAFT ORDINANCE, 4. Ordinance 2015-05-21-0453
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: 4
 
SUBJECT:
Zoning Case Z2015151
(Associated Plan Amendment 15033)
 
SUMMARY:
Current Zoning:  "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District
 
Requested Zoning:  "C-2 AHOD" Commercial Airport Hazard Overlay District (0.538 Acres) and "MF-33 AHOD" Multi-Family Airport Hazard Overlay District (12.50 Acres)
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  April 21, 2015
 
Case Manager:  Ernest Brown, Planner
 
Property Owner:  James M. Schneider
 
Applicant:  James M. Schneider
 
Representative:  Vickrey & Associates, Inc (by Susan Landreth)
 
Location:  5800 Block of Ray Ellison Drive
 
Legal Description:  13.038 acre tract out of NCB 15228
 
Total Acreage:  13.038
 
Notices Mailed
Owners of Property within 200 feet:  24
Registered Neighborhood Associations within 200 feet:  People Active in Community Effort
Planning Team:  United Southwest Community Plan-33
Applicable Agencies:  None
Property Details
Property History:  The subject property was annexed in 1972 and zoned "Temporary R-1", Temporary Single-Family Residence District, then rezoned to "B-3" Business District and "R-3" Multiple-Family Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to the current base zoning district "R-5" Residential Single-Family District. The subject property is not platted in its current configuration and is not developed.
      
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-3"
Current Land Uses:  Vacant, Gas Station
 
Direction:  East
Current Base Zoning:  "C-2"
Current Land Uses:  Vacant
 
Direction:  South
Current Base Zoning:  "R-5"
Current Land Uses:  Vacant
 
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:  Loop 410 Southwest
Existing Character:  Freeway; two lanes each direction divided with one way access roads both sides
Proposed Changes:  None known
 
Thoroughfare:  Freedom Hills, Freedom Acres
Existing Character:  Local, Type A; One lane each direction with sidewalks both sides
Proposed Changes:  None known
 
Thoroughfare:  Ray Ellison Drive
Existing Character:  Secondary Arterial, Type A; One lane each direction
Proposed Changes:  None known
 
Public Transit:  There are no VIA route nearby the subject property.
 
Traffic Impact:  A Traffic Impact Analysis (TIA) is required. No TIA is on file. A Traffic Engineer must be present at Zoning Commission meeting.
 
Parking Information:  Off-street vehicle parking requirements are typically determined by the type of use and building size. The zoning application does not refer to the type of commercial development being proposed. Therefore, no parking assessment can be determined.  The zoning application does refer to apartment development.
 
Multi-Family Development - Minimum Parking Requirement: 1.5 per unit;
Maximum Parking Requirement: 2 per unit.
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current zoning classifications, restricting future land uses to those permissible in the "C-3" zoning district.
 
FISCAL IMPACT:
None.
 
RECOMMENDATION:
Staff and Zoning Commission (8-0) recommend approval pending Plan Amendment
 
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 United Southwest Community Plan and is currently designated as Low Density Residential in the future land use component of the plan. The requested "C-2" Commercial District and "MF-33" Multi-Family District is not consistent with the adopted land use designation. The has submitted a plan amendment to the United Southwest Community Plan. Staff and Planning Commission recommend approval.
 
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.
 
3.  Suitability as Presently Zoned:  
The existing "R-5" zoning district is not an appropriate zoning district fronting a major thoroughfare classified as an freeway.
 
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 4.784 acres in size, which is sufficient to accommodate Multi-Family development and required parking.
 
7.  Other Factors:  
None