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File #: 19-7851   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/7/2019
Posting Language: ZONING CASE Z-2019-10700227 S (Council District 2): Ordinance amending Zoning District Boundary from “I-1 MLOD-3 MLR-1 AHOD” General Industrial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District and "C-3 CD MLOD-3 MLR-1 AHOD" General Commercial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District With Conditional Use For A Food Bank Distribution Center to "C-3 S MLOD-3 MLR-1 AHOD" General Commercial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District with Specific Use Authorization for a Human Services Campus on 17.390 acres out of NCB 10598 (save and except 1.73 acres out of NCB 10598), located at 4701 Dietrich Road. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Field Notes, 6. Ordinance 2019-11-07-0937
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

 

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z-2019-10700227 S

 

SUMMARY:

Current Zoning: “I-1 MLOD-3 MLR-1 AHOD” General Industrial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District and "C-3 CD MLOD-3 MLR-1 AHOD" General Commercial District Commercial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District with Conditional Use for a Food Bank Distribution Center

 

Requested Base Zoning:  "C-3 S MLOD-3 MLR-1 AHOD" General Commercial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District with Specific Use Authorization for a Human Services Campus

 

BACKGROUND INFORMATION:

 

Case Manager:  Michael Pepe, Planner

 

Property Owner: Jack Kelly

 

Applicant: Housing First Communitas

 

Representative:  Patricia Plauche

 

Location:  4701 Dietrich Road

 

Legal Description:  17.390 acres out of NCB 10598 (save and except 1.73 acres out of NCB 10598)

 

Total Acreage:  15.66

 

Notices Mailed

Owners of Property within 200 feet:  22

Registered Neighborhood Associations within 200 feet:  None

Applicable Agencies: Fort Sam Houston, Martindale Air Force Base, Planning Department, Texas Department of Transportation

 

Property Details

Property History:

The property was annexed by Ordinance 25568, dated September 19, 1957 as “Temporary A”. The 0.26 acre section of the property currently zoned “L” Light Industrial, was rezoned from R-5 to L by Ordinance 99357, June 24, 2004.

 

The 14.1 acres currently “I-1” General Industrial was rezoned from Temporary A to “I-1” General Industrial by Ordinance 58475, March 22, 1984. The south 100 feet of the property, about 1.5 acres, are currently “C-3 CD” General Commercial with a Conditional Use for a Food Bank Distribution Center. This zoning was established by Ordinance 99357, which zoned this portion from “R-5” to “C-3 CD” on June 24, 2004.

 

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:  “I-1”

Current Land Uses:  Vacant

 

Direction:  South

Current Base Zoning:  “R-5”

Current Land Uses:  Single Family Dwellings

 

Direction:  East

Current Base Zoning:  “I-1”

Current Land Uses:  Warehousing

 

Direction:  West

Current Base Zoning:  “MF-33”, “I-1”

Current Land Uses:  Multifamily 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-3"

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

 

Transportation

Thoroughfare:  Dietrich

Existing Character:  Local

Proposed Changes:  None Known

 

Thoroughfare:  NE Interstate 410

Existing Character:  Interstate

Proposed Changes:  None Known

 

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

Routes Served: 24

 

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 community home with 7 or more residents is 0.3 per resident plus 1 per employee. The Applicant states that as a community for very low income people, the amount of traffic and parking required for this use may be significantly less than standard for such a use.

 

ISSUE:

None.

 

ALTERNATIVES:

Current: The light industrial district provides for a mix of light manufacturing uses, office park, flex-space with limited retail and service uses that serve the industrial development in the zone. Examples of permitted uses: auto sales & repair, wrecker services, cabinet/carpenter shop, can recycle collection station (no shredding), lumber yard and building materials, mobile vending base operations, machine shop, equipment & event rentals, tree service, moving company.

The general industrial district accommodates 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.

 

Proposed:  The proposed zoning district designation of “C-3” General Commercial District.  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.

 

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is located within the Fort Sam Regional Center and is located within the 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 Arena District Eastside Community Plan and is currently designated as “Light Industrial” in the future land use component of the plan. The requested “C-3” base zoning district is consistent with the future land use designation. 

 

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. The proposed “C-3 S” is a downzoning of the current “I-1.” Additionally, the site plan holds the applicant to a specific site layout and limits many of the activities to the interior of this large site.

 

3.  Suitability as Presently Zoned: 

The current “I-1” General Industrial District is an appropriate zoning for the property and surrounding area. The proposed “C-3 S” General Commercial District is more appropriate for the surrounding area, across the street from residential, as it allows less potentially harmful uses that the existing “I-1”. The added Specific Use Authorization allows consideration of:  additional buffering, fencing, restricted temporary signage and limited hours of operation as applicable.

 

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 Arena District Plan:

 

                     4.6 Pursue opportunity for regional commercial center near W.W. White and IH-10

                     4.7 Recommend new light industrial uses in the general location of existing industrial uses and adjacent to residential development, to create an appropriate land use transition

 

6.  Size of Tract: 

The subject property is 15.66 acres, which could reasonably accommodate commercial uses.

 

7.  Other Factors: 

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

 

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 may, under the right set of circumstances and conditions be acceptable in certain specific locations.

 

Applicant is requesting “C-3 S” General Commercial District with a Specific Use Authorization for a Human Services Campus to operate a housing project for low income individuals and provide services such as laundry, counseling, and medical assistance.