DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Zoning Case Z2020-10700134
(Plan Amendment Case PA-2020-11600037)
SUMMARY:
Current Zoning: "R-5 MLOD-3 MLR-1" Residential Single-Family Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 District
Requested Zoning: "C-2 CD MLOD-3 MLR-1" Commercial Martindale Army Airfiled Military Lighting Overlay Military Lighting Region 1 District with a Conditional Use for a Vocational Trade School (Outside Storage and Training Area Permitted).
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: July 21, 2020
Case Manager: Victoria Castro, Planner
Property Owner: Samuel Y Araya and Genet Teferi
Applicant: Samuel Y Araya and Genet Teferi
Representative: Samuel Y Araya and Genet Teferi
Location: 2747 Rigsby Avenue
Legal Description: Lot 1A, NCB 10746
Total Acreage: 2.42
Notices Mailed
Owners of Property within 200 feet: 17
Registered Neighborhood Associations within 200 feet: Comanche Community Neighborhood Association
Applicable Agencies: Martindale Army Airfield Base
Property Details
Property History: The property was annexed by Ordinance 18115 on September 25, 1952 and zoned Temporary “A” Single Family District. The subject property was rezoned in 1965, from Temporary “A” Single Family District to “R-5” Single Family Residence District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001, the property zoned “R-5” Single Family Residence District converted to the current “R-5” Residential Single-Family 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: “R-5”
Current Land Uses: Vacant Land
Direction: East
Current Base Zoning: “R-5”
Current Land Uses: City Of San Antonio Bulk Waste
Direction: South
Current Base Zoning: “C-1” and “C-1 CD”
Current Land Uses: Triple R DC Experts Auto Repair, Trac-Work Inc. Railroad Contactor and Vacant Office Building
Direction: West
Current Base Zoning: “R-5” and “R-5 S”
Current Land Uses: Vacant Land, Vacant Office / Multi-Family Residences and Single-Family Residences
Overlay and Special District Information:
"MLOD-3"
All surrounding properties carry the "MLOD-3" Military Lighting Overlay District, due to their proximity to Martindale Army Airfield. 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: Rigsby Avenue
Existing Character: Primary Arterial A
Proposed Changes: None
Thoroughfare: Boulder Avenue
Existing Character: Local
Proposed Changes: None
Public Transit: 43, 44, 67, 251 and 275
Traffic Impact: Traffic Impact Analysis (TIA) is not required.
Rigsby Avenue is identified on the City’s Major Thoroughfare Plan as a Primany Arterial Type “A” (120’ ROW). Right of Way may be required.
Parking Information: The parking requirement for a school is 1 space per 4 students.
ISSUE:
None.
ALTERNATIVES:
Current: The current zoning district designation of “R-5” is designed to allow Single-family dwelling (detached) with a minimum lot size of 5,000 square feet and a minimum lot width of 45 feet, foster family home, public and private schools.
Proposed: The proposed zoning district designation of “C-2 CD” is designed to 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 “CD” Conditional Use will allow all “C-2” uses, in addition a Vocational Trade School (Outside Storage and Training Area Permitted).
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not within a Regional Center and is within a premium transit corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (9-1) recommend Approval, pending Plan Amendment.
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 Eastern Triangle Community Plan and is currently designated as “Low Density Mixed Use" in the land use component of the plan. The requested “C-2” base zoning district is not consistent with the adopted land use designation. The applicant is requesting a Plan Amendment to change the future land use to "Community Commercial". Staff and Planning Commission recommend Approval.
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 surrounding area.
3. Suitability as Presently Zoned:
The existing “R-5” base zoning district is appropriate for the surrounding area. The proposed “C-2 CD” would allow a Vocational Trade School (Outside Storage and Training Area Permitted), which is also appropriate for the surrounding area, since Rigsby Avenue is mainly composed of commercial businesses.
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 of the Eastern Triangle Community Plan, which encourages the following:
Goal 9: Promote diversification of businesses and services
Objective 9.1: Increase range of family-oriented businesses and services within the Eastern Triangle.
Goal 10: Grow an educated and well-trained local workforce
Objective 10.3: Encourage local job skill programs to diversity employment opportunities as well as matching job skill education with the local job market.
6. Size of Tract:
The 2.42 acre site is of sufficient size to accommodate the proposed commercial development.
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, Texas Army National Guard and JBSA were notified of the proposed request. The Military has indicated that there are no objections to this request.
The applicant is requesting to rezone from “R-5” to “C-2 CD”, to allow for a Vocational Trade School (Outside Storage and Training Area Permitted).
The Conditional Use zoning procedure is designed to provide for a land use that is not permitted by the established zoning district, but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.