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File #: 20-3379   
Type: Plan Amendment
In control: City Council A Session
On agenda: 6/4/2020
Posting Language: PLAN AMENDMENT CASE PA-2020-11600017 (Council District 7): Ordinance amending the Near Northwest Community Plan, a component of the Comprehensive Master Plan of the City, by changing the future land use from “Neighborhood Commercial” to “Community Commercial” on Lot 1, Block 1, NCB 6692, save and except 0.0002 acres out of NCB 6692, located at 1901 Fredericksburg Road. Staff recommends Denial. Planning Commission recommends Approval. (Associated Zoning Case Z-2020-11600026)
Attachments: 1. Map, 2. Signed Resolution, 3. Draft Ordinance, 4. Warranty Deed, 5. Ordinance 2020-06-04-0386
Related files: 20-3338

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 7

 

SUBJECT:

Plan Amendment PA 2020-11600017

(Associated Zoning Case Z-2020-11600026)

 

SUMMARY:

Comprehensive Plan Component:  Near Northwest Community Plan

 

Plan Adoption Date:  February 14, 2002

 

Current Land Use Category:  “Neighborhood Commercial"

 

Proposed Land Use Category:  "Community Commercial"

 

BACKGROUND INFORMATION:

Planning Commission Hearing Date:  May 13, 2020

 

Case Manager:  Victoria Castro, Planner

 

Property Owner: Marylinda Rios

 

Applicant:  Marylinda Rios

 

Representative:  Marylinda Rios

 

Location:  1901 Fredericksburg Road

 

Legal Description:  Lot 1, Block 1, NCB 6692, save and except 0.0002 acres out of NCB 6692

 

Total Acreage:  0.41

 

Notices Mailed

Owners of Property within 200 feet: 23

Registered Neighborhood Associations within 200 feet: Keystone & Jefferson Neighborhood Association, Woodlawn Lake Neighborhood Association and Monticello Park Neighborhood Association.

Applicable Agencies: Planning Department, Office of Historic Preservation

 

Transportation

Thoroughfare:  Fredericksburg Road

Existing Character: Secondary Arterial Type B (86’)

Proposed Changes:  None known

 

Thoroughfare:  Donaldson Avenue

Existing Character:  Local Street

Proposed Changes:  None Known

 

Public Transit:  VIA bus routes are within walking distance.

Routes served: 95, 96, 97, 100

 

ISSUE:

Comprehensive Plan

Comprehensive Plan Component: Near Northwest Community Plan

Plan Adoption Date: February 14, 2002

Plan Goals: Goal 2 - Economic Development Ensure the Near Northwest Community’s business corridors are filled with a mix of uses including professional offices, residences and busy shops, providing neighbors an attractive place to walk for shopping, playing, working and relaxing both day and night.

 

Comprehensive Land Use Categories

Land Use Category:  “Neighborhood Commercial"

Description of Land Use Category: Neighborhood Commercial provides for offices, professional services, and shopfront retail uses that are pedestrian oriented. Neighborhood Commercial uses should be located at the intersection of a collector and local street or where an existing commercial area has been established. Structures should have a maximum size of 5,000 square feet or the square footage of an existing building. A majority of the ground floor façade should be composed of windows. Parking areas should be located behind the building, with the exception of one row of angled or head-in parking along the street. Additionally, all off-street parking and vehicle use areas adjacent to residential uses should have buffer landscaping, lighting and signage controls. Service entrances and/or yards located in the rear or side yard of the business use should be screened from adjacent residential areas and refuse enclosures should be located at the rear of the site and screened. Buffer yards should provide a landscaped separation between residential and commercial uses. Examples of Neighborhood Commercial uses include gift shops, delis, offices, restaurants, beauty parlors, small neighborhood groceries or markets, coffee shops, shoe repair shops and medical clinics. No drive-through establishments are permissible. Live/work units, allowing for residential use above commercial space, as well as a limited number of apartments are permitted.

Permitted Zoning Districts: “NC”, “C-1”, “O-1”  

 

Land Use Category:  “Community Commercial"

Description of Land Use Category: Community Commercial development includes medium and high density land uses that draws its customer base from a larger community. This classification can include a mix of uses in the same building or in the same development. Community Commercial uses are typically located on arterials at major intersections (nodes) or in established commercial areas along arterials. Examples of Community Commercial uses include all Neighborhood Commercial uses, convenience stores with gas stations, grocery stores, plant nurseries, paint/carpet stores, offices, apartments and community shopping centers. Drive through establishments are permissible. Community commercial uses should incorporate well-defined and accessible entrances, shared internal circulation, limited curb cuts to arterial streets, ample sidewalks and shade trees in parking lots, landscaping on planter strips between the parking lot and street and well-designed, monument signage. Community Commercial centers should be designed to create safe, attractive and convenient vehicular and pedestrian linkages with adjoining land uses.

Permitted Zoning Districts: “NC”, “C-1”, “C-2P”, “C-2”, “O-1”

 

Land Use Overview

Subject Property

Future Land Use Classification: “Neighbor Commercial"

Current Land Use Classification: Motor Vehicle Sales

 

Direction:  North

Future Land Use Classification: “Neighbor Commercial"

Current Land Use Classification: Theatre and Shopping Center

 

Direction:  East

Future Land Use Classification: “Neighbor Commercial"

Current Land Use Classification: Bakery

 

Direction:  South

Future Land Use Classification: “Neighbor Commercial"

Current Land Use Classification:  Family Dollar and Bank

 

Direction:  West

Future Land Use Classification: “Neighbor Commercial"

Current Land Use:  Dance Studio

 

FISCAL IMPACT:

None.

 

Proximity to Regional Center/Premium Transit Corridor

The property is not within a Regional Center but is within a Premium Transit Corridor.

 

RECOMMENDATION:

Staff Analysis & Recommendation: Staff recommends Denial.  Planning Commission (8-0) recommends Approval.

 

The applicant seeks a Plan Amendment to “Community Commercial” to rezone from “C-2NA” Commercial Nonalcoholic Sales District to “C-2” Commercial District. The applicant wants to sell alcohol in collaboration with a restaurant use.

 

Staff recommends maintaining consistency with the existing “Neighborhood Commercial” land use designation.  However, the “Neighborhood Commercial” land use only allows the “C-1” Light Commercial zoning category.

The applicant has indicated that they will be expanding/restoring the original footprint of the building and will exceed the maximum building size of 5,000 square feet allowed in “C-1,” thus they seek to keep the current base zoning of “C-2”.  This requires a plan amendment to “Community Commercial.”

 

On May 5, 2020 the Zoning Commission recommended Approval of “C-2” Commercial District, 11-0.

 

ALTERNATIVES:

1.                     Recommend Approval of the proposed amendment to the Near Northwest Community Plan, as presented above.

2.                     Make an alternate recommendation.

3.                     Continue to a future date.

 

ZONING COMMISSION SUPPLEMENTAL INFORMATION:  Z-2020-10700026

Current Zoning: "C-2 NA H UC-3 AHOD" Commercial Nonalcoholic Sales Historic Fredericksburg Road Urban Corridor Airport Hazard Overlay District

Proposed Zoning: "C-2 H UC-3 AHOD" Commercial Historic Fredericksburg Road Urban Corridor Airport Hazard Overlay District

Zoning Commission Hearing Date:  May 5, 2020