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File #: 16-2430   
Type: Zoning Case
In control: Zoning Commission
On agenda: 4/5/2016
Posting Language: (Continued from 03/15/16) ZONING CASE # Z2016095 S (Council District 9): A request for a change in zoning from "R-5" Residential Single-Family to "R-5 S" Residential Single-Family with Specific Use Authorization for a Wireless Communication Facility within 200-feet of a Residential Structure on Lot 152, Block 1, NCB 16699 located at 5247 Vance Jackson. Staff recommends Approval.
Attachments: 1. Z2016095 Location Map, 2. Site Plan Z2016095
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Roderick Sanchez

                     

COUNCIL DISTRICTS IMPACTED: 9

 

SUBJECT:

Zoning Case Z2016095 S

 

SUMMARY:

Current Zoning:  "R-5" Residential Single-Family District

 

Requested Zoning:  "R-5 S" Residential Single-Family District with Specific Use Authorization for a Wireless Communication Facility within 200-feet of a Residential Structure                                          

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  April 5, 2016.  This case is continued from the March 1, 2016 and March 15, 2016 hearings.

 

Case Manager:  Oscar Aguilera, Planner

 

Property Owner:  Colonial Hills United Methodist Church (Gustavo Lopez)

 

Applicant:  Wooden Law Firm, P. C. (Verizon Wireless)

 

Representative:  Wooden Law Firm, P. C. (Verizon Wireless)

 

Location:  5247 Vance Jackson

 

Legal Description:  Lot 152, Block 1, NCB 16699

 

Total Acreage:  0.0157

 

Notices Mailed

Owners of Property within 200 feet:  9

Registered Neighborhood Associations within 200 feet:  Vance Jackson Neighborhood Association

Applicable Agencies:  None

 

Property Details

Property History:  The subject property was originally annexed into the City Limits on September 25, 1952 and the property was originally zoned as “A” Single-Family District.  Upon the Adoption of the 1965 Code the property was rezoned to “R-5” Single-Family Residence District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning district remained as "R-5" Residential Single-Family District.

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, South, East and West

Current Base Zoning:  “R-5”

Current Land Uses:  Single-Family Residences and Church

 

Overlay and Special District Information:  N/A

 

 

Transportation

Thoroughfare:  Vance Jackson

Existing Character:  Secondary Arterial type A 86’

Proposed Changes:  None known

 

Public Transit:  The VIA number 602 and 96 bus line stops are located at Vance Jackson Road and Whitson Drive.

 

Traffic Impact:  A Traffic Impact Analysis (TIA) is required. The traffic engineer must be present at Zoning Commission.

 

Parking Information:  Wireless Communication Systems; 1 space per Service Employee. Maximum allowance: N/A

 

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 recommends 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 currently designated as Suburban Tier in the future land use component of the plan. The requested “R-5” 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 surrounding properties.

 

3.  Suitability as Presently Zoned: 

Both the current “R-5” and requested “R-5 S” with a Specific Use Authorization for a Wireless Communication System zoning districts are appropriate for the subject property. 

 

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 0.0157 of an acre in size, which accommodates the proposed development.

 

7.  Other Factors: 

In accordance with Section 35-385(d)(2) of the Unified Development Code (UDC), Wireless Communication Systems in residential Properties Abutting residential districts 200’ (feet) Tower Setback from Residential property may be reduced by City Council.

 

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 with may, under the right set of circumstances and conditions be acceptable in certain specific locations