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File #: 20-7378   
Type: Zoning Case
In control: City Council A Session
On agenda: 1/21/2021
Posting Language: ZONING CASE Z-2020-10700246 (Council District 10): Ordinance amending the Zoning District Boundary from "C-3 AHOD" General Commercial Airport Hazard Overlay District and "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District to "C-2 AHOD" Commercial Airport Hazard Overlay District on 0.9833 acres out of NCB 16587, located at 16402 Nacogdoches Road. Staff and Zoning Commission recommend Approval.
Attachments: 1. Map, 2. Zoning Minutes, 3. Draft Ordinance, 4. Metes and Bounds, 5. Ordinance 2021-01-21-0051

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 10

 

SUBJECT:

Zoning Case Z2020-10700246

 

SUMMARY:

Current Zoning: "C-3 AHOD" General Commercial Airport Hazard Overlay District and "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District

 

Requested Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  December 1, 2020

 

Case Manager:  Victoria Castro, Planner

 

Property Owner: Ovaro Investments

 

Applicant: Beacon Land Services

 

Representative: Fred Ghavidel

 

Location:  16402 Nacogdoches Road

 

Legal Description:  0.9833 acres out of NCB 16587

 

Total Acreage:  0.9833

 

Notices Mailed

Owners of Property within 200 feet:  10

 

Registered Neighborhood Associations within 200 feet: None

 

Applicable Agencies:  Randolph Air Force Base, Texas Department of Transportation

 

Property Details

Property History: The subject property was annexed by Ordinance 81103 on December 31, 1994 and zoned “B-3” Business District and “R-1” Single Family Residential District.  Under the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001, the portion zoned “B-3” Business District converted to the current “C-3” General Commercial District and the portion zoned “R-1” Single Family converted to the current "R-6” 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: “C-3”

Current Land Uses:  Sonic Restaurant, Gas station

 

Direction:  East

Current Base Zoning: “C-3” and “C-3R”

Current Land Uses:  Bee Clean Carwash, John Deere Mustang Equipment

 

Direction:  South

Current Base Zoning: “R-6” and “I-1”

Current Land Uses:  Vacant Land , Office

 

Direction:  West

Current Base Zoning: “C-3 NA”

Current Land Uses:  Office

 

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:  Nacogdoches Road

Existing Character:  Secondary Arterial A

Proposed Changes:  None Known

 

Public Transit:  VIA bus routes are within walking distance of the subject property Routes Served: None

 

Traffic Impact: A Traffic Impact Analysis (TIA) is required. Nacogdoches is a Secondary Arterial Type A (86' ROW - 43' from centerline; 48' of pavement - 24' from centerline). ROW dedication and pavement construction may be required. Per UDC Table 506-3, note 5, arterials require bike facilities. Per COSA RID 2020-004, driveway onto Enrique M Barrera may be limited.

 

Parking Information:  The minimum parking requirement for Auto and Light Truck - oil, lube and tune up is 1 parking space per 500 square foot of Gross Floor Area of sales and service building.

 

ISSUE:

None.

 

ALTERNATIVES:

Current: The current zoning district designation of “R-6” is designed to allow a Single-family dwelling (detached) with a minimum lot size of 6,000 square feet and a minimum lot width of 50 feet, foster family home, public and private schools.

 

The current zoning district designation of “C-3”  is intended to provide for more intensive commercial uses than those located within the NC, C-1 or C-2 zoning districts. C-3 uses are typically characterized as regional shopping centers, power centers, and/or assembly of similar uses into a single complex. There are no building size limitations, and building height is limited to 35 feet. Examples of permitted uses: bar/tavern & nightclub, amusement/theme parks, dance hall, indoor movie theater, auto repair, auto sales, auto glass sales (installation permitted), auto muffler (sales and installation only), hotel, bookbinder, dry cleaning or laundry plant, indoor flea market, home improvement center, body piercing/massage/tattoo parlor. No outdoor storage is permitted. Outdoor operations and display shall be permitted in areas which are screened as provided in 35-510 of the Unified Development Code.

 

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 within a Regional Center and 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 North Sector Plan and is currently designated as “Suburban 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 surrounding area. 

3.                     Suitability as Presently Zoned: 

The existing “R-6” Residential Single-Family District and “C-3” General Commercial base zoning districts are appropriate for the surrounding area. The proposed “C-2” is also appropriate and constitutes a downzoning of a more intense zoning district. The proposed use is also uniform with the existing surrounding business in the area.

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 North Sector Plan, which encourages the following:

Goal ED-1 Compatible economic development along major transportation routes and

existing activity centers that do not interfere with the mission of Camp Bullis.

 

ED-1.3 Continue to maintain and revitalize the North Sector to retain and

expand vibrant retail and commercial uses within the IH-10, IH-35,

Loop 410 and Loop 1604 corridors and/or centers.

 

6.  Size of Tract: 

The 0.9833 acre site is of sufficient size to accommodate the proposed commercial development.

7.  Other Factors: 

The subject property is located within the Randolph AFB Awareness Zone/Military Influence Area. The Military has indicated that there are no objections to this request.

 

The applicant is requesting to rezone to “C-2” to allow for Auto and Light Truck - oil, lube and tune up.