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File #: 15-3520   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/18/2015
Posting Language: ZONING CASE # Z2015181 ERZD (Council District 10): An Ordinance amending the Zoning District Boundary from "QD-S AHOD ERZD" Quarry Airport Hazard Overlay Edwards Recharge Zone District with Specific Use Authorization use permit for Blasting and Asphaltic Concrete to "PUD R-6 AHOD ERZD" Planned Unit Development Residential Single-Family Airport Hazard Overlay Edwards Recharge Zone District on approximately 8.289 acres out of NCB 34917, generally located in the 5600 Block of East Evans Road. Staff and Zoning Commission recommend Approval, pending Plan Amendment. (Associated Plan Amendment 15043)
Attachments: 1. Z2015181 Location Map, 2. Z2015181 ERZD_Zoning Minutes, 3. Z2015181_SAWS Report, 4. Ordinance 2015-06-18-0628
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: 10
 
SUBJECT:
Zoning Case Z2015181 ERZD
 
SUMMARY:
Current Zoning:  "QD-S AHOD ERZD" Quarry Airport Hazard Overlay Edwards Recharge Zone District with Specific Use Authorization for Blasting and Asphaltic Concrete
 
Requested Zoning:  "PUD R-6 D AHOD ERZD" Planned Unit Development Residential Single-Family Airport Hazard Overlay Edwards Recharge Zone District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  June 2, 2015 This Case is expedited to the June 18, 2015 Council hearing.
 
Case Manager:  Oscar Aguilera, Planner
 
Property Owner:  Fair Oaks Mosaic TBY, LCC (c/o Blake Yantis, Director)
 
Applicant:  Mosaic Development (c/o Blak Yantis, Manager)
 
Representative:  Brown and Ortiz, P.C.
 
Location: 5600 Block of East Evans Road
 
Legal Description: Lot P-5 NCB 34917 and Lot P-1 NCB 34958
 
Total Acreage: 8.289 acres
 
Notices Mailed
Owners of Property within 200 feet:  5
Registered Neighborhood Associations within 200 feet:  None
Planning Team:  North Sector Plan -39
Applicable Agencies:  SAWS & Camp Bullis
Property Details
Property History:  The subject property was annexed in July 5, 1998 (Ordinance # 87819) and was originally zoned Temporary "R-1 ERZD" Single-Family Residence Edwards Recharge Zone District. In September 17, 2001, the property was rezoned to "QD S ERZD" Quarry Edwards Recharge Zone District with a Specific Use for Blasting and Asphaltic Concrete (Ordinance #94539).
      
Topography:  The majority of the property is covered in heavy vegetation made up of wild grasses, shrubs, trees, and ravines. The property shows some water or quarry work erosion that produced ravines within a portion of the property. The subject property falls within the Edward Recharge Zone. Note that there is some protected wildlife in the area according to Camp Bullis staff. Therefore, the property will require a CoSA Habitat Compliance Form.   
 
Adjacent Base Zoning and Land Uses
Direction:  North, South, East and West
Current Base Zoning:  QD
Current Land Uses:  Vacant and Single-Family Residential
 
Overlay and Special District Information:  All surrounding properties carry the "ERZD" Edwards Recharge Zone District.  The "ERZD" does restrict permitted uses, due to the environmentally sensitive nature of the recharge zone.  Per Chapter 34 of the City of San Antonio Code of Ordinances, the San Antonio Water System (SAWS) and City of San Antonio departments share regulatory jurisdiction over development within the "ERZD".
 
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:  None. Property does not have frontage. Near East Evans Road
Existing Character: N/A
Proposed Changes:  N/A
 
Public Transit:  There is no public transit located within the immediate vicinity of 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:  Dwelling - 1 Family: 1 per unit. Maximum Parking Requirement: N/A
 
ISSUE:
None.
 
ALTERNATIVES:
Denial of the zoning request will result in the subject property retaining the Quarry District zoning.
 
FISCAL IMPACT:
None.
 
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (9-0) 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 North Sector Plan and is designated as Specialized Center. The "R-6 PUD" Residential Single-Family Planned Unit Development Zoning District is not consistent with the adopted land use designation. The applicant has applied or a Plan Amendment to change the designation to Suburban Tier. Staff and the Planning Commission recommended approval of the Plan Amendment.
 
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 "R-6 PUD" Residential Single-Family Planned Unit Development Zoning District is appropriate for the subject property. The "R-6 PUD" Residential Single-Family Planned Unit Development Zoning District and will not have any negative effects on the future development.   
 
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 approximately 8.289 acres in size, which should be able to reasonably accommodate the proposed development with adequate space for parking.
 
7.  Other Factors:  
 
SAWS Site Specific Recommendations:
 
1.   The impervious cover shall not exceed 40% on the site.
2.  Wells that are no longer in use or abandoned shall be properly plugged in accordance with SAWS water well plugging procedures. The Ground Water Resource Protection Section should be notified at (210) 233-3546 upon discovery and plugging of such wells.
3.  The land uses within the project site shall be in conformance with the table of permitted uses at the time the re-zoning is approved. Should a proposed use be listed as requiring City Council approval, the owner/operator shall apply for re-zoning for that particular use at the project site. If the land use is listed as special use, a special permit must be obtained for that use. If the land use is listed as not allowed, that land use will not be permitted on the project site.
4. The owner of all water pollution abatement structures shall ensure these structures  are properly maintained and kept free of trash and debris. A signed water quality maintenance plan must be submitted to the Aquifer Protection & Evaluation Section of SAWS. If at any time the ownership of the property changes, the seller must disclose to the buyer all the requirements of the water quality maintenance plan. The new owner must submit a signed water quality maintenance plan to the Aquifer Protection & Evaluation Section of SAWS.
5.  Landscaped areas shall be sensitive to minimizing water needs, i.e., use of native plants.
Each purchaser of an individual lot or tenant within this development shall be informed by the seller or lessor in writing about Best Management  Practices (BMP) for pesticide and fertilizer application.  Preventing Groundwater Pollution, A Practical Guide to Pest Control, available from the Edwards Aquifer Authority (210) 222-2204, or equivalent information produced by the U.S. Natural Resource Conservation Service, Texas Department of Agriculture, U.S. Department of Agriculture, shall be used.
6.  The applicant shall notify the Construction Monitoring of SAWS at (210) 233-3564 no later than 48 hours prior to the commencement of construction at the site. If any significant geologic features such as, but not limited to, solution openings, caves, sinkholes, or wells are found during the excavation, construction, or blasting, the developer shall notify the Texas Commission on Environmental Quality and the Aquifer Protection & Evaluation Section of SAWS at (210) 233-3522.