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File #: 18-1542   
Type: Zoning Case
In control: Zoning Commission
On agenda: 2/6/2018
Posting Language: ZONING CASE # Z2018010 (Council District 6): A request for a change in zoning from "C-2 GC-2 AHOD" Commercial Highway 151 Gateway Corridor Airport Hazard Overlay District to "C-2 CD GC-2 AHOD" Commercial Highway 151 Gateway Corridor Airport Hazard Overlay District with Conditional Use for a Tattoo Parlor/Studio on Lot 9, Block 31, NCB 17643, located at 8827 State Highway 151. Staff recommends Approval.
Attachments: 1. Location Map
Related files: 17-6485
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 6

 

SUBJECT:

Zoning Case Z2018010

(Associated Plan Amendment 18003)

 

SUMMARY:

Current Zoning:  "C-2 GC-2 AHOD" Commercial Highway 151 Gateway Corridor Airport Hazard Overlay District

 

Requested Zoning:  "C-2 CD GC-2 AHOD" Commercial Highway 151 Gateway Corridor Airport Hazard Overlay District with Conditional Use for a Tattoo Parlor/Studio

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  February 6, 2018.  This case has been expedited to the February 15, 2018 City Council Hearing due to the cancellation of the January 16 Zoning Commission Meeting.

 

This case was continued to the January 16, 2018 Zoning Hearing from the December 19, 2017 Zoning Hearing.  Due to the cancelled meeting, the case was republished and renotified.

 

This case was continued from the December 5, 2017 to December 19, 2017 Zoning hearing.

 

Case Manager:  Daniel Hazlett, Planner

 

Property Owner:  ICSAW Enterprises, INC

 

Applicant:  ICSAW Enterprises, INC

 

Representative:  Ajwad A Imad

 

Location:  8827 State Highway 151

 

Legal Description:  Lot 9, Block 31, NCB 17643

 

Total Acreage:  1.82

 

Notices Mailed

Owners of Property within 200 feet:  11

Registered Neighborhood Associations within 200 feet:  None.

Applicable Agencies:  Planning Department

 

Property Details

Property History:  The subject property was annexed and zoned Temporary “R-1” Residential Single-Family District by Ordinance 59776, dated December 31, 1984. The property was rezoned from Temporary “R-1” to “B-2” Business District by Ordinance 92189, dated July 27, 2000. The property converted 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:  “C-2”

Current Land Uses:  Vacant Lot

 

Direction:  East

Current Base Zoning:  “C-2”

Current Land Uses:  Raising Cane’s Restaurant

 

Direction:  South

Current Base Zoning:  “C-2”

Current Land Uses:  McDonalds, Dental Office

 

Direction:  West

Current Base Zoning:  “C-2”

Current Land Uses:  Gold’s Gym

 

 

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.

 

“GC-2”

The Highway 151 Gateway Corridor District (“GC-2”) provides site development standards for properties within 1,000 feet of Highway 151 between Highway 90 and the western City Limits. The standards primarily address building placement, landscaping, building materials and signage to promote a coordinated development scheme for the Corridor. A zoning review is performed by the Zoning Section of the Development Services Department.

 

Transportation

Thoroughfare:  Potranco Road

Existing Character:  Primary Arterial

Proposed Changes:  None Known

 

Thoroughfare:  State Highway 151

Existing Character:  Freeway

Proposed Changes:  None Known

 

Public Transit:  VIA bus routes 64, 618, and 620 are 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 Tattoo Parlor/Studio is 1 space per 300 square feet of gross floor area (GFA).

 

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 allows car washes, minor automobile repair and service, amusement establishments, theaters, arcades, fitness centers, plant nurseries, paint and wall paper stores, gasoline stations with repair service, fix-it shops, community shopping centers, small motels; low to mid rise office buildings; no outdoor storage or display of goods 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 recommends 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 that the proposed rezoning does not have adverse impacts on neighboring lands in relation to this zoning change request. The requested rezoning maintains the base, while adding a Conditional Use for the proposed business.

 

3.  Suitability as Presently Zoned: 

The current “C-2” is an appropriate base zoning for the subject property due to the proximity to State Highway 151 and Potranco Road. The surrounding properties also carrying the same “C-2” base zoning.

 

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

 

Land Use Goals and Strategies of the West/Southwest Sector Plan:

 

¾                     ED-3.1 Ensure the development of new business locations and employment centers are compatible with the West/Southwest Sector Land Use Plan

 

¾                     Goal LU-1 Land use pattern emphasizes compatibility and appropriateness between uses, and protects neighborhoods and businesses from incompatible land uses

 

6.  Size of Tract: 

The subject properties measure approximately 1.82 acres, which currently accommodates the use in the existing retail center.

 

7.  Other Factors: 

The Conditional Use zoning procedure is designed to provide for a land use that is not permitted by the established zoning district, but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.