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File #: 20-2457   
Type: Zoning Case
In control: City Council A Session
On agenda: 3/19/2020
Posting Language: ZONING CASE Z-2019-10700335 S (Council District 3): Ordinance amending the Zoning District Boundary from "C-2 CD AHOD" Commercial Airport Hazard Overlay District with Conditional Use for Auto and Light Truck Repair and "C-2 AHOD" Commercial Airport Hazard Overlay District to "C-2 S AHOD" Commercial Airport Hazard Overlay District with Specific Use Authorization for a Party House, Reception Hall, Meeting Facility on P-15 and P-17, NCB 11166, located at 9931 Roosevelt Avenue. Staff and Zoning Commission recommend Approval.
Attachments: 1. Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Ordinance 2020-03-19-0207

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 3

 

SUBJECT:

Zoning Case Z-2019-10700335 S

 

SUMMARY:

Current Zoning:  "C-2 CD AHOD" Commercial Airport Hazard Overlay District with Conditional Use for Auto and Light Truck Repair and "C-2 AHOD" Commercial Airport Hazard Overlay District

 

Requested Zoning:  "C-2 S AHOD" Commercial Airport Hazard Overlay District with Specific Use Authorization for a Party House, Reception Hall, Meeting Facility

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  February 18, 2019

 

Case Manager:  Michael Pepe, Planner

 

Property Owner: Santiago Sandoval

 

Applicant:  Juan Rodriguez

 

Representative:  Juan Rodriguez

 

Location: 9931 Roosevelt Avenue

 

Legal Description:  P-15 and P-17, NCB 11166

 

Total Acreage:  3.389

 

Notices Mailed

Owners of Property within 200 feet:  34

Registered Neighborhood Associations within 200 feet: Villa Coronado Neighborhood Association

Applicable Agencies: None

 

Property Details

Property History:  The property was annexed in 1988 by Ordinance 68292 and was originally zoned Temporary “R-1” Single Family Residence District. The property was rezoned to “R-A” Residence Agriculture District and “B-3NA” Business Non-Alcoholic Sales District by Ordinance 69286 dated April 13, 1989. The previous zoning district converted to “NP-10” Residential Single-Family District and “C-3NA” General Commercial Non-Alcoholic Sales District with the adoption of the 2001 Unified Development Code, established by Ordinance 93881, and dated May, 03, 2001. In a 2003 City-initiated large-area zoning case, the subject property was rezoned to “UD” Urban Development District. On August 7, 2014 the property was rezoned from “UD” to “C-2” by 2014-08-07-0557."C-2" Commercial District The property was zoned from “C-2” to  “C-2” and “C-2 CD” Commercial District with Conditional Use for Auto and Light Truck Repair by Ordinance  2014-11-06-0880 on November 6, 2014.

                     

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: West 

Current Base Zoning: “C-2”

Current Land Uses: Vacant

Direction: North  

Current Base Zoning: “R-6”, “C-3NA”

Current Land Uses: Single-Family Dwellings, Vacant

Direction: East  

Current Base Zoning: “C-3NA” 

Current Land Uses: Tire Shop, Appliance Repair

Direction: South  

Current Base Zoning: “MF-40”, “C-2 CD”

Current Land Uses: 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.

 

Transportation

 

Thoroughfare:  Roosevelt

Existing Character:  Super Arterial B

Proposed Changes:  None Known

 

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

Routes Served: 42

 

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 parking minimum for a Clubhouse - private including lodges and meeting hall is 1 space per 3 persons.

 

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” Commercial with a Conditional Use for Auto and Light Truck Repair.

 

Current: “C-2” Commercial districts accommodate community commercial uses, with unlimited building size, and building height limitation of 25 feet. Examples of permitted uses: 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. No outdoor storage or display of goods shall be permitted except for outdoor dining

 

 

Proposed: “C-2” Commercial districts accommodate community commercial uses, with unlimited building size, and building height limitation of 25 feet. Examples of permitted uses: 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. No outdoor storage or display of goods shall be permitted except for outdoor dining.

 

The addition of the “S” will allow for a Reception Hall at the proposed location.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The property is located not located within a regional center and nor is it within 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 Heritage South Sector Plan and is currently designated as “Mixed Use Center” in the future land use component of the plan.  The requested “C-2” base zoning district is consistent with the adopted 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 “C-2 S” allows for operation of a reception hall in a manner that mitigates impacts on neighboring lands due to the restrictions of the site plan.

 

3.  Suitability as Presently Zoned: 

The current “C-2” Commercial District is appropriate for the property and surrounding area. In 2014, a rezoning of property added a “CD” Conditional Use for Auto and Light Truck Repair to the property.  This is a use normally allowed in “C-3” General Commercial.

 

The proposed “C-2 S” utilizes the Specific Use Authorization to allow the use of a reception hall. The Specific Use authorization also allows consideration of additional conditions in relation to the use, such as: hours of operation, prohibited signage, fencing, buffers, and other similar restrictions.

 

4.  Health, Safety and Welfare: 

Staff has not found indication of likely adverse effects on the public health, safety, or welfare. The removal of the current Conditional Use for Auto and Light Truck repair would limit potential health and safety impacts to neighboring communities.

 

5.  Public Policy: 

The subject property is located within the Eastern Triangle Community Plan.

The proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the Heritage South Sector Plan.

 

LU-1.3 Promote nodal commercial development and community centers where various modes of transportation are accessible

 

6.  Size of Tract: 

The subject property is 3.389 acres, which could reasonably accommodate commercial uses and the proposed reception hall.

 

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