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File #: 17-5617   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/9/2017
Posting Language: ZONING CASE # Z2017234 (Council District 6): An Ordinance amending the Zoning District Boundary of approximately 117.9 acres out of CB 4400 and NCB 34400 from "C-2" Commercial District, "C-2 CD" Commercial District with Conditional Use for a Home Improvement Center, "C-2 CD AHOD" Commercial Airport Hazard Overlay District with Conditional Use for a Home Improvement Center, "C-2 AHOD" Commercial Airport Hazard Overlay District and of which 76.5 acres are outside city limits “OCL” to "C-3" General Commercial District and "C-3 AHOD" General Commercial Airport Hazard Overlay District on 41.4 acres out of CB 4400 and NCB 34400 (with the Airport Hazard Overlay District unchanged); "MF-33" Multi-Family District on 50.4 acres out of CB 4400 and NCB 34400; and "NP-8 AHOD" Neighborhood Preservation District on 26.1 acres out of CB 4400 and NCB 34400; all of the approximate 117.9 acres generally located in the 11100 Block of West Military Drive. Staff and Zoning Commission recommend Approval, p...
Attachments: 1. Location Map, 2. Zoning Minutes, 3. Draft Ordinance, 4. Field Notes 26.1 Acres, 5. Field Notes 50.4 Acres, 6. Field Notes 41.4 Acres, 7. Ordinance 2017-11-09-0900
Related files: 17-4723, 17-5119

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 6

 

SUBJECT:

Zoning Case Z2017234

(Associated Plan Amendment 17070)

 

SUMMARY:

Current Zoning: “C-2" Commercial District, "C-2 CD" Commercial District with Conditional Use for a Home Improvement Center, "C-2 CD AHOD" Commercial Airport Hazard Overlay District with Conditional Use for a Home Improvement Center, "C-2 AHOD" Commercial Airport Hazard Overlay District and to assign zoning to property that is "OCL" Outside City Limits

 

Requested Zoning:  "MF-33" Multi-Family District, "C-3" General Commercial, "C-3 AHOD" General Commercial Airport Hazard Overlay District and "NP-8" Neighborhood Preservation District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:   October 3, 2017.  This case is continued from the September 19, 2017 Zoning hearing.

 

Case Manager:  Angela Cardona, Planner

 

Property Owner:  McCombs Family Partners, LTD.

 

Applicant:  McCombs Family Partners, LTD.

 

Representative:  Brown and Ortiz, P.C.

 

Location:  11100 Block of West Military Drive

 

Legal Description:  117.9 acres out of CB 4400 and NCB 34400

 

Total Acreage:  117.9 acres

 

Notices Mailed

Owners of Property within 200 feet:  4

Registered Neighborhood Associations within 200 feet: None.

Applicable Agencies:  None.

 

Property Details

Property History:  The subject property was annexed on December 31, 2000 (Ordinance 92902) and was zoned “R-6” Residential Single- Family District.  A portion of the property was zoned to “C-3” General Commercial (12.171 acres), “C-2 Commercial District (37.849 acres) and “C-2 CD” Commercial District with a Conditional Use for a Home Improvement Center (21.370 acres) on March 9, 2006 (Ordinance 2006-03-09-0333). The remaining portion lies outside of the City Limits.

                     

Topography:  A portion of the property falls within the 100 Year Flood Plain.

 

Adjacent Base Zoning and Land Uses

Direction:  North

Current Base Zoning:  “R-6”

Current Land Uses:  Vacant

 

Direction: East

Current Base Zoning:  “C-2”

Current Land Uses:  Commercial Retail

 

Direction: South     

Current Base Zoning: Outside City Limits    

Current Land Uses: Mini Storage, Townhomes   

 

Direction: West     

Current Base Zoning:  Outside City Limits    

Current Land Uses: Single-Family Residential      

 

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:  West Military Drive

Existing Character:  Secondary Arterial Type A

Proposed Changes:  None

 

Thoroughfare:  Loop 1604 West

Existing Character:  Freeway

Proposed Changes:  None

 

Public Transit:  The nearest VIA bus route is #64 and is within walking distance of the subject property.

 

Traffic Impact:  A Traffic Impact Analysis (TIA) report is required.  The traffic generated by the proposed development will exceed the threshold requirements.

 

Parking Information: Parking requirements are determined by use. Commercial uses generally require a minimum of 1 parking space per 300 square feet and a maximum of 1 parking space per 200 square feet.  Multi-Family uses will generally require a minimum of 1.5 parking spaces and a maximum of 2 parking spaces per unit.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation. The current zoning of “C-2” Commercial District allows community commercial uses, with unlimited building size, and building height limitation of 25 feet. Examples of permitted uses: liquor store, miniature golf and other indoor gaming facilities, small indoor movie theater, pet cemetery, auto & light truck oil, lube & tune-up, auto glass tinting, tire repair(sale and installation only), gas station, appliance sales & repair, charitable food & clothing banks and dry cleaning. No outdoor storage or display of goods is permitted except for outdoor dining.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is not within a Regional Center or within a half mile of a Premium Transit Corridor.

 

FISCAL IMPACT:

None.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (10-0) 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 property is located within the West/Southwest Sector Plan and is currently designated “Suburban Tier” and “Regional Center”. The applicant’s request is consistent with the existing commercial uses and surrounding residential uses. The request for a change to the West/Southwest Sector Plan from “Suburban Tier” and “Regional Center” to “Regional Center” is consistent with the surrounding land uses.   The west portion of the subject property will remain “Suburban Tier” which will act as a sufficient buffer to the existing residential uses currently proposed for annexation.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff has found no indication of likely adverse effects on the public health, safety, or welfare.

 

3.  Suitability as Presently Zoned: 

The current “C-2” base zoning district is appropriate for the subject property’s location.  The applicant’s request for “C-3”, “MF-33” and “NP-8” base zoning is also appropriate for the subject property’s location as it will offer additional retail options for the area and provides additional housing options to the area.

 

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 rezoning request does not appear to conflict with any public policy objective as the request supports the “West/Southwest Sector Plan” goal of providing a range of housing types and prices to accommodate all residents within the Sector and within the same neighborhood and to provide opportunities for live/work locations

 

6.  Size of Tract: 

The subject property measures118 acres which will reasonably accommodate the requested zoning uses.

 

7.  Other Factors: 

This is a request for zoning for a voluntary annexation by the applicant for a portion of the property.