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File #: 15-3114   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/4/2015
Posting Language: ZONING CASE # Z2015165 (Council District 3): An Ordinance amending the Zoning District Boundary from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District to "C-2 AHOD" Commercial Airport Hazard Overlay District on 1.824 Acres of land being all of Lot 17 and a Portion of Lots 16, 20 and 21, Block 6, NCB 10938 located at 870 Hot Wells Boulevard. Staff and Zoning Commission recommend Approval.
Attachments: 1. Z2015-165_Location Map, 2. Z2015165_Zoning Minutes, 3. DRAFT ORDINANCE, 4. Ordinance 2015-06-04-0506
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: 3
 
SUBJECT:
Zoning Case Z2015165
 
SUMMARY:
Current Zoning:  "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District
 
Requested Zoning:  "C-2 AHOD" Commercial Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  May 5, 2015
 
Case Manager:  Mary Moralez-Gonzales, Planner
 
Property Owner:  John R. Dury (President and General Partner of Dury Brothers Partners, Ltd.)
 
Applicant:  John R. Dury (President and General Partner of Dury Brothers Partners, Ltd.)
 
Representative:  Brown & Ortiz, PC (c/o James McKnight)
 
Location:  870 Hot Wells Boulevard            
 
Legal Description:  Portion of Lots 16, 17, 20 and 21, Block 6, NCB 10938
 
Total Acreage:  1.824
 
Notices Mailed
Owners of Property within 200 feet:  26
Registered Neighborhood Associations within 200 feet:  Highlands Hill Neighborhood Association
Planning Team:  Highlands Planning Team-33
Applicable Agencies:  San Antonio Aviation Department
Property Details
Property History:  The property was annexed in 1952 and was originally zoned "B" Residence District. Upon adoption of the 1965 zoning districts the base zoning converted to "R-7."  Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "R-4." The property is currently undeveloped and vacant.
      
Topography:  The 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:  R-4, C-1
Current Land Uses:  Childcare Centers, Single-Family Residences
 
Direction:  East
Current Base Zoning:  R-4
Current Land Uses:  Church, Single-Family Residences
 
Direction:  South
Current Base Zoning:  NA
Current Land Uses:  Interstate Highway 37 South
 
Direction:  West
Current Base Zoning:  C-3 NA S
Current Land Uses:  Vacant Commercial
 
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:  Hot Wells Boulevard
Existing Character:  Secondary Arterial Type B; two lanes in each direction with sidewalks
Proposed Changes:  None known
 
Thoroughfare:  Interstate Highway 37 South
Existing Character:  Freeway; five lanes in each direction
Proposed Changes:  None known
 
Public Transit:  The nearest VIA bus line is route 35-S. South Mary's, which operates along Goliad, with a stop at Hot Wells Boulevard.  
 
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:  Parking requirements are determined by use and often, by the size of the development; therefore, staff cannot calculate parking requirements for the subject property. However, the property as a whole is of sufficient size to accommodate commercial uses and parking.                                
 
ISSUE:
None.
 
ALTERNATIVES:
The existing residential zoning district does not typically allow retail or service uses which are well-suited for properties in close proximity to highways; therefore, denial of the zoning change request will likely lead to long-term commercial and residential vacancies.
 
FISCAL IMPACT:
None.
 
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 Highlands Community Plan and is designated as "Regional Commercial" in the future land use component of the plan. The requested "C-2" zoning is consistent with the adopted land use plan.
 
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-4" zoning district is not consistent the future land use designation of Regional Commercial. The proposed zoning request of "C-2" is consistent with the surrounding properties and the Regional Commercial component of the Highlands Community Plan.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare due to this request.    
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The subject property is 1.824 acres and is of sufficient size to accommodate the proposed retail uses as well as required parking.
7.  Other Factors:  
None.