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File #: 18-3400   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/7/2018
Posting Language: ZONING CASE # Z2018167 (Council District 1): Ordinance amending the Zoning District Boundary from "I-1 AHOD" General Industrial Airport Hazard Overlay District and "MF-33 AHOD" Multi-Family Airport Hazard Overlay District to "MF-33 AHOD" Multi-Family Airport Hazard Overlay District on 5.515 acres out of NCB 11693, located at 25 Burwood Lane. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Zoning Minutes, 3. Draft Ordinance, 4. Warranty Deed, 5. Ordinance 2018-06-07-0421

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 1

 

SUBJECT:

Zoning Case Z2018167

 

SUMMARY:

Current Zoning:  "I-1 AHOD" General Industrial Airport Hazard Overlay District and "MF-33 AHOD" Multi-Family Airport Hazard Overlay District

 

Requested Zoning:  "MF-33 AHOD" Multi-Family Airport Hazard Overlay District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  May 1, 2018

 

Case Manager:  Daniel Hazlett, Planner

 

Property Owner:  Family Educators Alliance of South Texas

 

Applicant:  Linda Whiten

 

Representative:  Patrick W. Christensen

 

Location:  25 Burwood Lane

 

Legal Description:  5.515 acres out of NCB 11693

 

Total Acreage:  5.515

 

Notices Mailed

Owners of Property within 200 feet:  14

Registered Neighborhood Associations within 200 feet:  North Shearer Hills Neighborhood Association

Applicable Agencies:  None.

 

Property Details

Property History:  The property was annexed and zoned “A” Residence District and “D” Apartment District by Ordinance 16300, dated October 18, 1951. The southwestern portion of the property was rezoned from “A” to “J” Commercial District by Ordinance 30170, dated March 7, 1962. The property converted from “J” and “D” to “I-1” General Industrial District and “MF-33” Multi-Family 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-3”

Current Land Uses:  Motor Vehicle Sales

 

Direction:  East

Current Base Zoning:  “I-1”

Current Land Uses:  Ferguson Plumbing Supply Store

 

Direction:  South

Current Base Zoning:  “C-3”, “I-1”

Current Land Uses:  Industrial businesses

 

Direction:  West

Current Base Zoning:  “C-2”, “I-1”

Current Land Uses:  Gas Station, Industrial businesses

 

Overlay and Special District Information: 

"AHOD"

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:  Burwood Lane

Existing Character:  Local Street

Proposed Changes:  None Known

 

Thoroughfare:  Blanco Road

Existing Character:  Secondary Arterial

Proposed Changes:  None Known

 

Public Transit:  VIA bus routes 2 and 202 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 School is 1 parking space per classroom.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designations of “I-1” General Industrial District and “MF-33”Mult-Family District.

 

The “I-1” General Industrial District permits areas of heavy and concentrated fabrication and manufacturing and industrial uses which are suitable based on the character of adjacent development. Examples of permitted uses: auto & light truck auction, truck stop, abrasives manufacturing, food & drug manufacturing, sand & gravel storage & sales, outdoor flea market, manufactured homes/oversized vehicles sales, service and storage. Schools are not permitted within industrial base zoning districts.

 

The “MF-33” Multi-Family District permits multi-family dwellings, single-family dwellings (detached, attached or townhouses), two-family dwellings, three-family dwellings, four-family dwellings, row-house or zero-lot line dwellings, with a maximum density of 33 units per acre, assisted living home, skilled nursing facility, foster family home, public and private schools.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The property is not within a Regional Center. The property is within a ½ of a mile of the San Pedro 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 North Central Neighborhoods Community Plan and is currently designated as “Public Institutional” in the future land use component of the plan. The requested “MF-33” base zoning district is consistent with the future land use designation due to the use continuing as a school.

 

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 will remove industrial base zoning which does not permit school uses.

 

3.  Suitability as Presently Zoned: 

The current “MF-33” base zoning is appropriate for the current use and the surrounding area. The “I-1” General Industrial District is not an appropriate zoning for the property. School uses are not permitted within industrial base zoning.

 

4.  Health, Safety and Welfare: 

Staff has found no indication of likely adverse effects on the public health, safety, or welfare. The proposed rezoning is requested in order to make the base zoning consistent with the existing use.

 

5.  Public Policy: 

The proposed rezoning does not appear to conflict with the goals, objectives, and strategies of the North Central Neighborhoods Community Plan. The proposed rezoning from “I-1” to “MF-33” is a downzoning. The current “I-1” base zoning is too intense for the current use of a school. The requested “MF-33” base zoning will allow for the continued use of the property as a school.

 

Relevant Goals of the North Central Neighborhoods Community Plan:

 

                     GOAL 3: Maintain and preserve the quality of the existing residential and commercial properties through the encouragement of rehabilitation and code compliance.

 

                     GOAL 5: Promote future development that is compatible with existing neighborhoods and that incorporates sound stormwater management practices.

 

6.  Size of Tract: 

The subject property is 5.15 acres, which currently accommodates the Family Educators Alliance of South Texas.

 

7.  Other Factors: 

None.