DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 7
SUBJECT:
Zoning Case Z2020-10700071
SUMMARY:
Current Zoning: "C-2NA MLOD-2 MLR-2 AHOD" Commercial Nonalcoholic Sales Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District
Requested Zoning: "C-2 MLOD-2 MLR-2 AHOD" Commercial Lackland Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: June 2, 2020
Case Manager: Victoria Castro, Planner
Property Owner: Esto Es Mexico, Oscar de La Torre, President
Applicant: Alfred Plascencia
Representative: Adolph E. Guzman
Location: 1602 Callaghan Road
Legal Description: Lot 9, Block 1, NCB 13519
Total Acreage: 0.7446
Notices Mailed
Owners of Property within 200 feet: 27
Registered Neighborhood Associations within 200 feet: Culebra Park Neighborhood Association
Applicable Agencies: Lackland Air Force Base
Property Details
Property History: The property was annexed by Ordinance 18115 on September 25, 1952 and zoned “R-3” Multiple Family Residence District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001, the property zoned “R-3” Multiple Family Residence District converted to “MF-33” Multi-Family District. The subject property was rezoned by Ordinance 100546, dated March 10, 2005, from “MF-33” Multi-Family District to “C-2NA” Commercial Nonalcoholic Sales District.
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: “C-2 NA”
Current Land Uses: Vacant land / Carwash (Do it yourself)
Direction: East
Current Base Zoning: “PUD R-4”
Current Land Uses: Single-Family Residences
Direction: South
Current Base Zoning: “C-3”
Current Land Uses: Shopping Center
Direction: West
Current Base Zoning: “R-5”
Current Land Uses: Single-Family Residences
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: Callaghan Road
Existing Character: Secondary Arterial
Proposed Changes: None Known
Public Transit: 82 and 89
Traffic Impact: It should be noted that if this establishment has not been use within the past year, as a restaurant with drive thru, then TIA determination will need to be re-evaluated.
Callaghan Road is identified on the city’s Major Thoroughfare Plan as a Secondary Arterial Type A (86’). ROW dedication may be required.
Parking Information: The parking minimum requirement for a restaurant with drive thru is 1 space per 150 sf. GFA (Gross Floor Area).
ISSUE:
None.
ALTERNATIVES:
Current: The “C-2” district accommodates 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 current zoning district designation of “C-2 NA” is identical to “C-2” districts, except that the sale of alcoholic beverages is prohibited.
Proposed: The proposed zoning district designation of “C-2” accommodates 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.
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 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 West / Southwest Sector Plan and is currently designated as “General Urban Tier” in the 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 has not found evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The proposed use is consistent with the established development pattern of the properties to the north zoned “C-2NA.”
3. Suitability as Presently Zoned:
The existing “C-2 NA” base zoning district is appropriate for the surrounding area. The proposed rezoning maintains the base “C-2” district but removes the “NA” Nonalcoholic Sales restriction. In general, “C-2” Commercial District zoning is suitable along corridors and acts as an adequate buffer to existing and surrounding residential areas.
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 request does not appear to conflict with any public policy objective.
ED-1.3 Stimulate and support increased activity of existing businesses
ED-2.4 Consider rezoning corridors and nodes to permit the mix of uses
6. Size of Tract:
The 0.7446 acre site is of sufficient size to accommodate the proposed commercial development.
7. Other Factors:
The subject property is located within the Lackland Military Influence Area. In accordance with the signed Memorandum of Understanding, JBSA was notified of the proposed request. The Military has indicated that there are no objections to this request.
The applicant is requesting to rezone for a restaurant with alcohol sales.