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File #: 18-4737   
Type: Zoning Case
In control: City Council A Session
On agenda: 8/16/2018
Posting Language: ZONING CASE # Z2018223 S (Council District 3): Ordinance amending the Zoning District Boundary from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District to "R-4 S AHOD" Residential Single-Family Airport Hazard Overlay District with Specific Use Authorization for a Daycare Center on the north 179.6 feet of the south 531.79 feet of Lot TR-D, NCB 10977, located at 6824 Model Drive. Staff recommends Approval. Zoning Commission recommends Denial. (Continued from August 2, 2018)
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 3

 

SUBJECT:

Zoning Case Z2018223 S

 

SUMMARY:

Current Zoning:  "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District

 

Requested Zoning:  "R-4 S AHOD" Residential Single-Family Airport Hazard Overlay District with Specific use Authorization to allow for a Daycare Center

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  June 19, 2018

 

Case Manager:  Daniel Hazlett, Planner

 

Property Owner:  Cynthia Puente

 

Applicant:  William Ellington

 

Representative:  William Ellington

 

Location:  6824 Model Drive

 

Legal Description:  the north 179.6 feet of the south 531.79 feet of Lot TR-D, NCB 10977

 

Total Acreage:  0.98

 

Notices Mailed

Owners of Property within 200 feet:  44

Registered Neighborhood Associations within 200 feet:  Highland Hills Neighborhood Association

Applicable Agencies:  None.

 

Property Details

Property History:  The property was annexed and zoned “B” Residence District by Ordinance 18115, dated September 25, 1952. The property converted from “B” to the current “R-4” Residential Single-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:  “R-4”

Current Land Uses:  Single-Family Residences

 

Direction:  East

Current Base Zoning:  “R-4”

Current Land Uses:  Single-Family Residences

 

Direction:  South

Current Base Zoning:  “R-4”

Current Land Uses:  Single-Family Residences

 

Direction:  West

Current Base Zoning:  “R-4”

Current Land Uses:  Single-Family Residences

 

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:  Model Street

Existing Character:  Local Street

Proposed Changes:  None Known

 

Thoroughfare:  Anza Street

Existing Character:  Local Street

Proposed Changes:  None Known

 

Public Transit:  VIA bus route 20 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 Day Care Center is 1 parking space per 375 square feet of the gross floor area.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “R-4”, which accommodates single-family dwellings (detached) with a minimum lot size of 4,000 square feet and a minimum lot width of 35 feet, foster family homes, public and private schools.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The property is located within Brooks Regional Center and within a ½ of a mile of the New Braunfels Avenue Premium Transit Corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff recommends Approval. Zoning Commission (11-0) recommends Denial.

 

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 Highlands Community Plan and is currently designated as “Low Density Residential” in the future land use component of the plan. The requested “R-4” 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.

 

3.  Suitability as Presently Zoned: 

The current “R-4” Residential Single-Family District is an appropriate zoning for the property and surrounding area. The neighborhood is predominately zoned “R-4” Residential Single-Family District.

 

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 the goals and objectives of the Highlands Community Plan. The property is situated on a large lot within a residential subdivision and is within close proximity to Pecan Valley Drive and South New Braunfels Avenue. The property appears to adequate parking and access for the proposed Day Care Center.

 

Relevant Goals and Objectives of the Highlands Community Plan:

 

                     Goal 1: Economic Development - Improve the current variety of goods, services and employment available within the community by creating an environment conducive to commercial prosperity and encouraging new businesses to locate in the area.

 

                     Objective 1.4: Business Character - Ensure new and existing businesses conform appropriately to the scale, design and character of the community, enhancing it aesthetically whenever possible.

 

                     Goal 2: Community Appearance and Neighborhood Character - Improve the appearance of the community and maintenance of the commercial buildings while preserving the character of the Highlands neighborhoods.

 

6.  Size of Tract: 

The subject property is 0.98 of an acre, which may accommodate the proposed Day Care Center.

 

7.  Other Factors: 

The purpose of the Specific Use Authorization is to provide for certain uses which, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but with may, under the right set of circumstances and conditions be acceptable in certain specific locations.