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File #: 19-3205   
Type: Zoning Case
In control: City Council A Session
On agenda: 4/18/2019
Posting Language: ZONING CASE # Z-2019-10700034 CD (Council District 2): Ordinance amending the Zoning District Boundary from "C-3NA EP-1 MLOD-3 MLR-2 " General Commercial Nonalcoholic Sales Facility Parking/Traffic Control Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 District to "C-2 CD EP-1 MLOD-3 MLR-2" Commercial Facility Parking/Traffic Control Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 District with Conditional Use for Alcohol Distillation, Storage, and Tasting Room on Lot 22, Block 6, NCB 1194, located at 2701 Dignowity Avenue. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Ordinance 2019-04-18-0339

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z-2019-10700034 CD

 

SUMMARY:

Current Zoning:  "C-3NA EP-1 MLOD-3 MLR-2” General Commercial Nonalcoholic Sales Facility Parking/Traffic Control Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 District

 

Requested Zoning:  "C-2 CD EP-1 MLOD-3 MLR-2" Commercial Martindale Army Airfield Facility Parking/Traffic Control Military Lighting Overlay Military Lighting Region 2 District with Conditional Use for Alcohol Distillation, Storage, and Tasting Room

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  April 2, 2019

 

Case Manager:  Marco Hinojosa, Planner

 

Property Owner:  Donald Keith Pike & Mary Ann Pike

 

Applicant:  Donald Keith Pike

 

Representative:  Donald Keith Pike

 

Location:  2701 Dignowity Avenue

 

Legal Description:  Lot 22, Block 6, NCB 1194

 

Total Acreage:  0.6130

 

Notices Mailed

Owners of Property within 200 feet:  13

Registered Neighborhood Associations within 200 feet: Government Hill Alliance

Applicable Agencies:  Fort Sam Houston

 

Property Details

Property History:  The property is within the original 36 square miles of the City of San Antonio. The property was rezoned from “C” Apartment District to “B-3NA” Non-Alcoholic Sales Business District by Ordinance 91607, dated April 13, 2000. The property converted from “B-3NA” Non-Alcoholic Sales Business District to the current “C-3NA” General Commercial Nonalcoholic Sales District with the adoption of the 2001 Unified Development Code (UDC), established by Ordinance 93881, on May 3, 2001.

 

                     

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

 

Adjacent Base Zoning and Land Uses

Direction:  North

Current Base Zoning:   “UZROW”

Current Land Uses:  Freeway

 

Direction:  East

Current Base Zoning:  “MF-33”

Current Land Uses:  Residential Dwellings

 

Direction:  South

Current Base Zoning:  “”C-2” and “MF-33”

Current Land Uses:  Medical Clinic

 

Direction:  West

Current Base Zoning:  “MF-33”, “I-1”, and “C-2”

Current Land Uses:  Fast-Food Restaurant

 

Overlay and Special District Information: 

"MLOD-3"

All surrounding properties carry the "MLOD-3" Military Lighting Overlay District, due to their proximity to Martindale. The "MLOD-3" 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.

 

“EP-1”

The Facility Parking/Traffic Control District establishes regulations for parking and traffic around large facilities that attract large amounts of vehicle traffic. The overlay district is meant to regulate parking of vehicles in areas not properly zoned for commercial parking; to reduce aesthetic and traffic problems for persons and businesses in these areas; to reduce visual blight, congestion, and wear and tear on city streets; and to increase access for emergency vehicles in these areas.

 

Transportation

Thoroughfare:  Dignowity Avenue

Existing Character:  Local

Proposed Changes:  None Known

 

Thoroughfare:  IH-35

Existing Character:  Freeway

Proposed Changes:  None Known

 

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

Routs Served: 21, 22, 222, and 515

 

Traffic Impact:  A Traffic Impact Analysis (TIA) is required. The traffic generated by the proposed development does exceed the threshold requirements.

 

Parking Information: 

The minimum parking requirement for a distillery is 1 space per 600 sf GFA

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designations of “C-3NA”. "C-3" districts are designed to provide for more intensive commercial uses than those located within the "NC," "C-1," "C-2" or "C-3" zoning districts. "C-3" uses are typically characterized as community and regional shopping centers, power centers and/or assembly of similar uses into a single complex under either single ownership or the structure of a property owners or condominium styled organization. "C-3" districts should incorporate shared internal circulation and limited curb cuts to arterial streets.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is not located within a Regional Center or half a mile of 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 subject property is located within the Government Hill Neighborhood Plan and is currently designated as “Community Commercial” 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 no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The request is a downzoning of the current “C-3” base zoning district and will have less negative impacts on the surrounding properties.  

 

3.  Suitability as Presently Zoned: 

The current “C-3” base zoning is an inappropriate zoning for the property and surrounding area. Even though the subject property has access from the frontage road of IH-35, it is not near an intersection of two major arterials, where “C-3” uses are more compatible. The subject property is also surrounded by residential and medical uses where “C-2” uses will be more appropriate.

 

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 following goals, principles, and objectives of the Government Hill Neighborhood Plan:

                     Redevelop and revitalize the neighborhood.

o                     Objective: To encourage and support any revitalization and redevelopment efforts consistent with this plan.

 

6.  Size of Tract: 

The subject property is 0.6130 acres, which could reasonably accommodate Alcohol Distillation, Storage, and Tasting Room.

 

7.  Other Factors: 

The subject property is located within the Fort Sam Houston Awareness Zone/Military Influence Area.  In accordance with the signed Memorandum of Understanding, JBSA was notified of the proposed request.

 

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.