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File #: 19-8030   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/7/2019
Posting Language: ZONING CASE Z-2019-10700223 (Council District 6): Ordinance amending the Zoning District Boundary from “C-3 MLOD-2 MLR-1 AHOD” General Commercial Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District and “C-3NA S MLOD-2 MLR-1 AHOD” General Commercial Nonalcoholic Sales Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District with a Specific Use Authorization to allow a Cabinet Shop to “MF-33 MLOD-2 MLR-1 AHOD” Multi-Family Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District on Lot 14, Lot 15, Lot 29, and Lot 30, Block 12, NCB 16522, located at 6402 Tahoka Boulevard, 6406 Tahoka Boulevard, 6403 Marcum Drive, and 6407 Marcum Drive. Staff recommends Denial, with an Alternate Recommendation. Zoning Commission recommends Approval. (Associated Plan Amendment PA-2019-11600065)
Attachments: 1. Location Map, 2. Zoning Minutes, 3. Draft Ordinance
Related files: 19-8031
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 6

 

SUBJECT:

Zoning Case Z-2019-10700223

(Plan Amendment PA-2019-11600065)

 

SUMMARY:

Current Zoning:  “C-3 MLOD-2 MLR-1 AHOD” General Commercial Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District and “C-3NA S MLOD-2 MLR-1 AHOD” General Commercial Nonalcoholic Sales Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District with a Specific Use Authorization for a Cabinet Shop

 

Requested Zoning:  “MF-33 MLOD-2 MLR-1 AHOD” Multi-Family Lackland Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  October 15, 2019

 

Case Manager:  Mirko Maravi, Planner

 

Property Owner:  Martin Reyes

 

Applicant:  Raul Ayarzagoitia

 

Representative:  Raul Ayarzagoitia

 

Location:  6402 Tahoka Boulevard, 6406 Tahoka Boulevard, 6403 Marcum Drive, and 6407 Marcum Drive

 

Legal Description:  Lot 14, Lot 15, Lot 29, and Lot 30, Block 12, NCB 16522

 

Total Acreage:  0.5508

 

Notices Mailed

Owners of Property within 200 feet:  26

Registered Neighborhood Associations within 200 feet:  Cable Westwood Neighborhood Association

Applicable Agencies:  Lackland Air Force Base

 

Property Details

Property History:  The subject property was annexed into the City of San Antonio by Ordinance 43495, dated April 22, 1974 and zoned Temporary “R-1” Single Family Residential District.  The property was rezoned by Ordinance 45380, dated June 19, 1975 from Temporary “R-1” Single Family Residential District to “B-3” Business District.  Under the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001, the property zoned “B-3” Business District converted to the current “C-3” General Commercial District.  Lot 14 and 15 were rezoned by Ordinance 2009-06-18-0541 from “C-3” General Commercial District to “C-3 NA S” General Commercial, Nonalcoholic Sales with a Specific Use Authorization to allow a Cabinet Shop.

                     

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-6”

Current Land Uses:  Vacant

 

Direction:  South

Current Base Zoning:  “R-6” and “C-3”

Current Land Uses:  Vacant and Body Shop

 

Direction:  East

Current Base Zoning:  “C-3 NA”

Current Land Uses:  Hotel

 

Direction:  West

Current Base Zoning:  “R-6”

Current Land Uses:  Single-Family Residential and Vacant

 

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.

 

"MLOD-2"

All surrounding properties carry the "MLOD-2" Military Lighting Overlay District, due to their proximity to Lackland Air Force Base.  The "MLOD-2" 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.

 

Transportation

Thoroughfare:  Tahoka Boulevard

Existing Character:  Local

Proposed Changes:  None Known

 

Thoroughfare:  Marcum Drive

Existing Character:  Local

Proposed Changes:  None Known

 

Thoroughfare:  Arvil Avenue

Existing Character:  Local

Proposed Changes:  None Known

 

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

Routes Served: 76, 276

 

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 requirement for a multi-family dwelling is 1.5 spaces per unit.

 

ISSUE:

None.

 

ALTERNATIVES:

Current:  The present zoning district designation of “C-3” General Commercial District and “C-3 NA”.  These districts permit general commercial activities designed to serve the community such as repair shops, wholesale businesses, warehousing and limited retail sales with some outdoor display of goods. These districts promote a broad range of commercial operations and services necessary for large regions of the city, providing community balance.  "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. District regulations within the "C-3NA" districts are the same as in "C-3" districts except that no sales of alcoholic beverages for on-premises or off-premises consumption shall be permitted.

 

Proposed:  The proposed “MF-33” Multi-Family District is the designation for multi-family use with a maximum density of up to thirty-three (33) units per acre, depending on unit size. An "MF-33" district designation may be applied to a use in a multi-family residential area located near supporting transportation and commercial facilities in a centrally located area or in an area for which medium density multi-family use is desired.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is not within a Regional Center and located within the Premium Transit Corridor. 

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff recommends Denial, with an alternate recommendation for “MF-18” Limited Density Multi-Family District. Zoning Commission (10-0) recommends 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 West\Southwest Sector Plan and is currently designated as “Suburban Tier” in the future land use component of the plan. The requested “MF-33” base zoning district is not consistent with the future land use designation.  The applicant is requesting a Plan Amendment to “General Urban Tier”.  Staff recommends Denial.  The Planning Commission recommends Approval.

 

2.  Adverse Impacts on Neighboring Lands: 

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

 

3.  Suitability as Presently Zoned: 

The current “C-3” General Commercial District and “C-3NA” General Commercial, Nonalcoholic Sales District are not an appropriate zoning for the property and surrounding area.  Less intensive commercial use is appropriate alongside low-density residential areas.  While residential development is preferable, the proposed “MF-33” Multi-Family District is not appropriate density next to single-family dwellings.  The alternate recommendation of “MF-18” would allow 9 units rather than the 16 units allowed by the proposed “MF-33.” 

 

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 proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the West\Southwest Sector Plan:

 

                     Goal HOU-1 Housing stock is diverse and densities are distributed in accordance with the adopted West/Southwest Sector Land Use Plan.

                     Goal HOU-2 New housing developments locate near existing community facilities, schools, and physical infrastructure (e.g., streets, water, sewer, etc.) with sufficient capacity to serve new developments.

 

6.  Size of Tract: 

The subject property is 0.5508 acres, which could reasonably accommodate multi-family use.

 

7.  Other Factors: 

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

 

Applicant is requesting “MF-33” Multi-Family District to allow for 16 units.