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File #: 18-2983   
Type: Zoning Case
In control: City Council A Session
On agenda: 5/17/2018
Posting Language: ZONING CASE # Z2018142 CD (Council District 8): Ordinance amending the Zoning District Boundary from “R-6 MLOD-1 MSAO-1” Residential Single-Family Camp Bullis Military Lighting Overlay Camp Bullis Military Sound Attenuation District to “C-2 CD MLOD-1 MSAO-1 Commercial Camp Bullis Military Lighting Overlay Camp Bullis Military Sound Attenuation District with a Conditional Use for Animal and Pet Services (outdoor training, boarding, runs, pens or paddocks permitted) on 1.42 acres out of NCB 35733 and and allowing a fence up to eight (8) feet in height in accordance with Section 35-514(d)(2)(D) of the Unified Development Code, located at 7182 Oak Drive. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Metes and Bounds, 6. Ordinance 2018-05-17-0378

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 8

 

SUBJECT:

Zoning Case Z2018142 CD

 

SUMMARY:

Current Zoning:  “R-6 MLOD-1 MSAO-1” Residential Single-Family Camp Bullis Military Lighting Overlay Camp Bullis Military Sound Attenuation District

 

Requested Zoning:  “C-2 CD MLOD-1 MSAO-1 Commercial Camp Bullis Military Lighting Overlay Camp Bullis Military Sound Attenuation District with a Conditional Use for Animal and Pet Services (outdoor training, boarding, runs, pens or paddocks permitted)

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  April 3, 2018

 

Case Manager:  Angela Cardona, Planner

 

Property Owner:  Michael and Deborah Gilbert

 

Applicant:  Barkaritaville Pet Resort, Inc.

 

Representative:  Kaufman & Killen, Inc.

 

Location:  7182 Oak Drive

 

Legal Description:  1.42 acres out of NCB 35733

 

Total Acreage:  1.42

 

Notices Mailed

Owners of Property within 200 feet:  7

Registered Neighborhood Associations within 200 feet:  Friends of Friedrich Wilderness Park

Applicable Agencies:  Parks and Recreation Department, Camp Bullis

 

Property Details

Property History:  The subject property was annexed in December, 1998 (Ordinance 88824) and was zoned “Temp R-1”.  Upon adoption of the Unified Development Code on May 3, 2001 (Ordinance 938881), the property then converted to the current “R-6” base zoning district.

                     

Topography:  The property does not include any abnormal physical features such as slope or inclusion in a floodplain.

 

Adjacent Base Zoning and Land Uses

Direction:  North                                                               

Current Base Zoning:  “R-20”, “O-1”

Current Land Uses:  Residential/Office

 

Direction:  South

Current Base Zoning:  “I-1”

Current Land Uses:  Industrial Uses

 

Direction: East    

Current Base Zoning: “R-6”     

Current Land Uses: Elementary School

 

Direction:  West    

Current Base Zoning: “R-20”     

Current Land Uses: Park

 

Overlay and Special District Information: 

All surrounding properties carry the "MLOD-1" Military Lighting Overlay District, due to their proximity to Camp Bullis.  The "MLOD-1" does not restrict permitted uses, but does regulate outdoor lighting in an effort to minimize night-time light pollution and its effects on operations at the military installation.

 

All surrounding properties carry the "MSAO-1" Camp Bullis Military Sound Attenuation Overlay District, due to their proximity to Camp Bullis.  The "MSAO-1" does not restrict permitted uses, but does enforce construction standards intended to lessen the impact of external noise from the nearby military installation.  The “MSAO-1” regulations apply to new construction of habitable structures.

 

Transportation

Thoroughfare:  Oak Drive

Existing Character:  Local Street

Proposed Changes:  None Known

 

Thoroughfare:  Milsa Drive

Existing Character:  Local Street

Proposed Changes:  None Known

 

Public Transit:  There are no VIA bus routes within walking distance of the subject property.

 

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:  Parking requirements are determined by use. Commercial uses require a minimum vehicle space of 1.5 per 300 GFA and a maximum of 1 per 200 GFA.

 

ISSUE:

None.

 

ALTERNATIVES:

A denial of the request will result in the subject property retaining the current base zoning district. The current “R-6” Residential Single-Family District accommodates Single-family dwelling (detached) with a minimum lot size of 6,000 square feet and a minimum lot width of 50 feet, foster family home, public and private schools.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property does not fall within proximity to a Regional Center and is not  within proximity to a Premium Transit Corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (10-0) recommend 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”.  The request for “C-2” base zoning district is consistent with the adopted future land use plan and the Conditional Use request for Animal and Pet Services is consistent with the existing land use pattern of commercial and residential uses along this corridor.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds no likely adverse impact on neighboring lands in relation to this zoning change because the request should not interfere with the character of nearby residential uses.

 

3.  Suitability as Presently Zoned: 

The current “R-6” base zoning is appropriate for the area, as the surrounding uses are generally residential with a mix of commercial and industrial uses.

 

4.  Health, Safety and Welfare: 

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

 

5.  Public Policy: 

Staff finds the request for zoning supports the North Sector Plan Goal for Economic Development to continue to maintain and revitalized retail and commercial uses.

 

6.  Size of Tract: 

The subject property totals 1.42 acres in size, which should reasonably accommodate the use requested.

 

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.

 

The subject property is located within the Camp Bullis Awareness Zone/Military Influence Area.  In accordance with the signed Memorandum of Understanding, the Military did review the request because the property is within 5 miles or is adjacent to the installation. There is no objection to the request.

 

The applicant is requesting an up to an 8 foot high fence with the rezoning, which can be approved by Council with the rezoning, as per Section 35-514(d)(2)(D).