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File #: 15-5667   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/19/2015
Posting Language: ZONING CASE # Z2015295 S (Council District 4): An Ordinance amending the Zoning District Boundary from "C-3R AHOD" General Commercial Restrictive Alcoholic Sales Airport Hazard Overlay District to "L S AHOD" Light Industrial Airport Hazard Overlay District with Specific Use Authorization for Oversized Vehicle Sales, Service and Storage on Lot P-11M and P-46, NCB 14567 located at 9616 New Laredo Highway. Staff and Zoning Commission recommend Approval.
Attachments: 1. Z2015295 Location Map, 2. Z2015295 S Site Plan, 3. Z2015295 S Zoning Minutes, 4. DRAFT ORDINANCE, 5. Ordinance 2015-11-19-0992

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Roderick Sanchez

                     

COUNCIL DISTRICTS IMPACTED: 4

 

SUBJECT:

Zoning Case Z2015295 S

 

SUMMARY:

Current Zoning:  "C-3R AHOD" General Commercial Restrictive Alcoholic Sales Airport Hazard Overlay District

 

Requested Zoning:  "L S AHOD" Light Industrial Airport Hazard Overlay District with Specific Use Authorization for Oversized Vehicle Sales, Service and Storage

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  October 20, 2015

 

Case Manager:  Oscar Aguilera, Planner

 

Property Owner:  San Antonio Terminal Inc.

 

Applicant:  Kevin Flye

 

Representative:  Kevin Flye

 

Location:  9616 New Laredo Highway

 

Legal Description:  Lot P-11M and P-46, NCB 14567

 

Total Acreage:  2.00

 

Notices Mailed

Owners of Property within 200 feet:  12

Registered Neighborhood Associations within 200 feet:  None

Planning Team:  West / Southwest Sector Planning Team - 35

Applicable Agencies:  None

 

Property Details

Property History:  The subject property was annexed into the City in 1994 (Ordinance # 81105) and originally zoned “Temporary R-1”. On August 24, 1995 Ordinance # 82683 rezoned the property to “B-3R” Restrictive Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to “C-3R” General Commercial Restrictive Alcoholic Sales District.

                     

Topography:  The property is within the 100 year flood plain and portion of the property is within the floodway.

 

Adjacent Base Zoning and Land Uses

Direction:  North

Current Base Zoning:  C-3R

Current Land Uses:  Auto Junkyards, Recycling, Auto Repair.

 

Direction:  East

Current Base Zoning:  C-3R

Current Land Uses:  Auto Parts Junkyards, Vacant Land

 

Direction:  South

Current Base Zoning:  ROW

Current Land Uses:  Interstate 35

 

Direction:  West

Current Base Zoning:  C-3R, L

Current Land Uses:  Auto Parts Junkyards, Truck Fleet Business.

 

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:  Interstate 35 Highway

Existing Character:  Freeway 250’ - 500’

Proposed Changes:  None known

 

Thoroughfare:  New Laredo Highway

Existing Character:  Secondary Arterial

Proposed Changes:  None known

 

Public Transit:  None.

 

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: Off-street vehicle parking requirements are typically determined by the type of use and building size. The zoning application refers to a Specific Use Authorization for Specific Use Authorization for Oversized Vehicle Sales, Service and Storage.

 

Minimum Parking Requirement: NA;

Maximum Parking Requirement: NA.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation.

 

FISCAL IMPACT:

None.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (7-0) 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 West / Southwest Sector Plan and is currently designated as Agribusiness Tier land use component of the plan.  The Plan states that Agricultural zoning Districts include “I-1” General Industrial and “L” Light Industrial zoning districts. Therefore, the requested “L” Light Industrial base zoning district with Specific Use Authorization for Oversized Vehicle Sales, Service and Storage is consistent with surrounding land uses.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff has not found evidence of likely adverse impacts on the neighboring lands in relation to this zoning change request.

 

3.  Suitability as Presently Zoned: 

The requested “L” base zoning district with Specific Use Authorization for Oversized Vehicle Sales, Service and Storage is appropriate for the subject property. The property is surrounded by automobile junkyards and recycles yards. Therefore the current “C-3R” zoning is not appropriate for the subject property.   

 

4.  Health, Safety and Welfare: 

Staff has not found any likely 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 2.00 acres site is sufficient size to accommodate the proposed development.

 

7.  Other Factors: 

The purpose of the Specific Use Authorization is to provide for certain uses which, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but may, under the right set of circumstances and conditions be acceptable in certain specific locations.

 

In addition, per Drainage Division since the property is located within the 100 year flood plain, the vehicles may not be parked at the location for over 190 days and in the event of possible flooding the vehicles must be removed for the site prior to any flooding.  The construction of any building is not authorized.