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File #: 18-1214   
Type: Zoning Case
In control: City Council A Session
On agenda: 1/18/2018
Posting Language: ZONING CASE # Z2018022 S (Council District 6): An Ordinance amending the Zoning District Boundary from "C-2 AHOD" Commercial Airport Hazard Overlay District to “C-2 S AHOD” Commercial Airport Hazard Overlay District with a Specific Use Authorization for a Carwash on Lot 77, Block 49, NCB 15330, located at 6811 Brownleaf Street. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Ordinance 2018-01-18-0062

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 6

 

SUBJECT:

Zoning Case Z2018022 S

 

SUMMARY:

Current Zoning:  "C-2 AHOD" Commercial Airport Hazard Overlay District

 

Requested Zoning:  “C-2 S AHOD” Commercial Airport Hazard Overlay District with a Specific Use Authorization for a Carwash

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  December 19, 2017

 

Case Manager:  Daniel Hazlett, Planner

 

Property Owner:  Betty J. Krahn and Bruce W. Krahn

 

Applicant:  Bruce W. Krahn

 

Representative:  Bruce W. Krahn

 

Location:  6811 Brownleaf Street

 

Legal Description:  Lot 77, Block 49, NCB 15330

 

Total Acreage:  0.4993

 

Notices Mailed

Owners of Property within 200 feet:  23

Registered Neighborhood Associations within 200 feet:  None.

Applicable Agencies:  None.

 

Property Details

Property History:  The subject property was annexed and zoned Temporary “R-1” Single-Family Residence by Ordinance 41422, dated December 26, 1972. The property was rezoned from Temporary “R-1” to “B-2” Business District by Ordinance 42266, dated May 24, 1973. The property converted from “B-2” to the current “C-2” Commercial District with the adoption of the 2001 Unified Development Code (UDC), established by Ordinance 93881, on May 3, 2001.

                     

Topography:  The property does not include any abnormal physical features such as slope or incursion in a flood plain.

 

Adjacent Base Zoning and Land Uses

Direction:  North

Current Base Zoning:  “MF-33”

Current Land Uses:  Townhomes

 

Direction:  East

Current Base Zoning:  “C-2”

Current Land Uses:  Adult Day Car

 

Direction:  South

Current Base Zoning:  “C-2”

Current Land Uses:  Carpe Diem Innovative School

 

Direction:  West

Current Base Zoning:  “I-1”

Current Land Uses:  Gas Station

 

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:  Brownleaf Drive

Existing Character:  Local Street

Proposed Changes:  None Known

 

Thoroughfare:  West Military Drive

Existing Character:  Secondary Arterial

Proposed Changes:  None Known

 

Thoroughfare:  Pinn Road

Existing Character:  Local Street

Proposed Changes:  None Known

 

Public Transit:  VIA bus route 612 is within walking distance 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: 

The minimum parking required for a Carwash is 1 parking space per 500 sf GFA including service bays, wash tunnels and retail areas.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “C-2”, which currently accommodates 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 shall be permitted except for outdoor dining

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is not within a Regional Center or within a ½ of a mile of a Premium Transit Corridor.

 

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 subject property is located within the West/Southwest Sector Plan and is currently designated as “General Urban Tier” in the future land use component of the plan. The requested “C-2” base zoning district is consistent with the future land use designation.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The proposed rezoning to “C-2 S” Commercial District with a Specific Use Authorization for a Carwash is requested in order to ensure correct zoning for an existing carwash.

 

3.  Suitability as Presently Zoned: 

The current “C-2” Commercial District is an appropriate zoning for the property and surrounding area. The properties in the area are “C-2” and “MF-33” which indicates appropriateness with the base zoning of the subject property.

 

4.  Health, Safety and Welfare: 

Staff has found no indication of likely adverse effects on the public health, safety, or welfare. The proposed zoning change will allow for the continuation of the current carwash on the property.

 

5.  Public Policy: 

The proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the West/Southwest Sector Plan.

 

West/Southwest Sector Plan:

 

Sector Plan Criteria for review:

                     The recommended land use pattern identified in the West/Southwest Sector Land Use Plan inadequately provides appropriate optional sites for the land use change proposed in the amendment.

                     The amendment must constitute an overall improvement to the Sector Plan and will not solely benefit a particular landowner or owners at a particular point in time.

                     The amendment must uphold the vision for the future of the West/Southwest Sector Plan.

 

West/Southwest Sector Plan and the Comprehensive Plan Relevant Goals and Objectives:

 

-                     Goal LU-1 Land use pattern emphasizes compatibility and appropriateness between uses, and protects neighborhoods and businesses from incompatible land uses.

 

-                     GCF P8 -                     Continue to focus on the revitalization of neighborhoods adjacent to downtown and extend these efforts to regional centers, urban centers and transit corridors.

 

6.  Size of Tract: 

The subject property is 0.4993 of an acre, which reasonably accommodates the current use of a carwash.

 

7.  Other Factors: 

None.