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File #: 18-4914   
Type: Zoning Case
In control: City Council A Session
On agenda: 9/6/2018
Posting Language: ZONING CASE # Z2018272 (Council District 3): Ordinance amending the Zoning District Boundary from "C-2 CD H MC-2 AHOD" Commercial Mission Historic South Presa Metropolitan Corridor Airport Hazard Overlay District with Conditional Use for a Flea Market – Indoor and "C-2 CD H AHOD" Commercial Mission Historic Airport Hazard Overlay District with Conditional Use for a Flea Market – Indoor to "MF-33 H MC-2 AHOD" Multi-Family Mission Historic South Presa Metropolitan Corridor Airport Hazard Overlay District and "MF-33 H AHOD" Multi-Family Mission Historic Airport Hazard Overlay District on Lot P-106 and Lot P-107, NCB 10917 and NCB 10918, located at 9159 South Presa Street. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Zoning Minutes, 3. Draft Ordinance, 4. Ordinance 2018-09-06-0697

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 3

 

SUBJECT:

Zoning Case Z2018272

 

SUMMARY:

Current Zoning: "C-2 CD H MC-2 AHOD" Commercial Mission Historic South Presa Metropolitan Corridor Airport Hazard Overlay District with Conditional Use for a Flea Market - Indoor and "C-2 CD H AHOD" Commercial Mission Historic Airport Hazard Overlay District with Conditional Use for a Flea Market - Indoor

 

Requested Zoning: "MF-33 H MC-2 AHOD" Multi-Family Mission Historic South Presa Metropolitan Corridor Airport Hazard Overlay District and "MF-33 H AHOD" Multi-Family Mission Historic Airport Hazard Overlay District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date: August 21, 2018; this case is expedited to the City Council hearing of September 6, 2018.

 

Case Manager: Marco Hinojosa, Planner

 

Property Owner: Artur and Silvia Tara

 

Applicant: San Juan Mission Villas, Ltd.

 

Representative: Jeremy Mears

 

Location: 9159 South Presa Road

 

Legal Description: Lot P-106 and Lot P-107, NCB                     10917 and NCB 10918

 

Total Acreage: 4.01

 

Notices Mailed

Owners of Property within 200 feet: 6

Registered Neighborhood Associations within 200 feet: None

Applicable Agencies: Office of Historic Preservation, Office of World Heritage, Planning Department, and Texas Department of Transportation

 

Property Details

Property History: The subject property was rezoned from “C-3 H AHOD” General Commercial Mission Historic Airport Hazard Overlay District and "1-1 H AHOD" General Industrial Mission Historic Airport Hazard Overlay District to "C-2 H AHOD CD" Commercial Mission Historic Airport Hazard Overlay District with a Conditional Use for Flea Market - Indoor by Ordinance 2011-05-19-0425, dated May 19, 2011.

 

Topography:  The subject property is not located within the 100-year flood plain.

 

Adjacent Base Zoning and Land Uses

Direction: North

Current Base Zoning: “R-4”

Current Land Uses:  Public School

 

Direction: East

Current Base Zoning: “R-5” and “R-6”

Current Land Uses: Vacant Lots

 

Direction: South

Current Base Zoning: “R-5” and “R-6”

Current Land Uses: Vacant Lots

 

Direction: West

Current Base Zoning: “R-5”

Current Land Uses: Vacant Lots

 

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.

 

"H"

The surrounding properties are located in the Mission Historic District.  Historic districts do not regulate use of the property, but do enforce building exterior design standards meant to maintain the architectural character or cultural significance of the designated area.  Building plans and permit applications will be subject to review by the Office of Historic Preservation and the Historic and Design Review Commission (HDRC) prior to any permits being issued.

 

“MC-2”

The “MC-2” South Presa Metropolitan Corridor provides site and building design standards for properties located along South Presa Street between Interstate Highway 10 and Southeast Loop 410.  Metropolitan Corridors follow arterial streets or expressways in developed portions of the city and shall be directed toward reduction of existing visual clutter, improved design features, and preservation of developed areas of the city.  A zoning review is performed by the Zoning Section of the Development Services Department.

 

 

Transportation

Thoroughfare: South Presa Street

Existing Character:  Secondary Arterial Type A

Proposed Changes:  None Known

Public Transit:  VIA bus routes are within walking distance of the subject property.

Routes Served: 36

 

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 number of parking spaces for a multi-family dwelling is 1.5 spaces per unit.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “C-2 CD”. “C-2 CD” allows for uses such as 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. The use of an indoor flea market is also permitted on this property because of a Conditional Use. 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 property is located within the Brooks Regional Center and half a mile of Premium Transit Corridor

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (11-0) 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 Stinson Airport Vicinity Land Use Plan and is currently designated as “Mixed Use” in the future land use component of the plan. The requested “MF-33” base zoning is compatible with the future land use designation.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff has not found evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.

 

3.  Suitability as Presently Zoned: 

The current “C-2” Commercial District is an appropriate zoning for the property and surrounding area.  However, the requested zoning will add much needed housing on the Southside.

 

4.  Health, Safety and Welfare: 

Staff has not found indication of likely adverse effects on the public health, safety, or welfare.

 

5.  Public Policy: 

The subject property consists of two parcels totaling just over 4 acres. The change of zoning proposes developing the property for multi-family use. Adjacent land uses are Public Institutional and Low Density Residential while surrounding zoning is R-5. It is in the Mission Historic District, the Airport Hazard Overlay District, and the South Presa Metropolitan Corridor. The property is in proximity of the Brooks Area Regional Center, Mission San Juan Capistrano, and corridors such as Military Drive, US-281, Loop 410, and S. Presa Street.

 

Relevant Goals and Policies of the SA Tomorrow Comprehensive Plan may include:

 

                     GCF Goal 5: Growth and city form support improved livability in existing and future neighborhoods.

 

                     GCF P9: Allow higher-density and mixed uses in portions of, or adjacent to, single-family residential areas to encourage shopping, services and entertainment amenities in close proximity to housing and where appropriate.

 

                     H Goal 2: A variety of housing types (single-family detached, single-family attached, multifamily, as well as ownership and rental opportunities) is available at a variety of price and rent levels.

 

                     H Goal 3: Housing choices are available in walkable and bikeable neighborhoods located near transit, employment, retail, medical and recreational amenities.

 

                     H P10: Ensure land use designations and other policies allow for and encourage a mixture of housing types and densities of housing within development projects.

 

                     H P11: Encourage and incentivize new housing development projects to provide a mixture of housing types, sizes and prices.

 

                     H P42:                     Encourage the development of housing for seniors in walkable areas and near community amenities such as parks, recreation centers and senior centers.

 

The request is generally consistent with the goals and policies of the Comprehensive Plan and the proposed rezoning is allowed within the Mixed-Use category as defined in the Stinson Airport Vicinity Land Use Plan.

 

The proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the Stinson Airport Vicinity Land Use Plan.

 

Stinson Airport Vicinity Land Use Plan Relevant Goals and Objectives:

                     Goal I: Protect the quality of life of residents including health, safety and welfare.

o                     Objective 1.1 Protect integrity of exiting residential neighborhoods.

o                     Objective 1.2 Discourage developments of incompatible uses on vacant land.

                     Goal II: Encourage economic growth that enhances airport operations and development.

 

6.  Size of Tract: 

The subject property is 4.01 acres, which would adequately support a multi-family development.

 

7.  Other Factors: 

The purpose of the rezoning is to construct 102 multi-family units.

 

9159 S Presa is located within the local Mission Historic District. Any new construction or exterior modifications will require approval from the Office of Historic Preservation and/or the Historic and Design Review Commission. Approval of a site plan or materials submitted as part of a zoning application does not supersede any requirements for design review outlined in Article VI of the Unified Development Code. A request of Determination of Contributing Status for the property was submitted July 17, 2018, and OHP staff determined that the property was non-contributing to the Mission Historic District.