DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT:
Zoning Case Z-2021-10700060 CD
(Associated Plan Amendment PA-2021-11600017)
SUMMARY:
Current Zoning: "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District
Requested Zoning: "C-1 CD AHOD" Light Commercial Airport Hazard Overlay District with a Conditional Use for Auto and Light Truck Repair with Outside Storage of Vehicles, Trailers, and Equipment
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: May 4, 2021
Case Manager: Justin Malone, Planner
Property Owner: Devon Luna
Applicant: Chuck Christian
Representative: Chuck Christian
Location: 1303 West Lullwood Avenue
Legal Description: Lot 24, Block 78, NCB 2773
Total Acreage: 0.1261
Notices Mailed
Owners of Property within 200 feet: 24
Registered Neighborhood Associations within 200 feet: Keystone Neighborhood Association, Los Angeles Heights Neighborhood Association
Applicable Agencies: Texas Department of Transportation
Property Details
Property History: The property was part of the original thirty-six (36) square miles of the City of San Antonio and was originally zoned “B” Residence District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May 03, 2001, the property zoned “B” Residence District converted to “R-4” Residential Single-Family District.
Topography: The property does not include any abnormal physical features such as slope, however the entirety of the property is in the flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: “C-3”
Current Land Uses: Auto and Light Truck Repair
Direction: East
Current Base Zoning: “I-1”, “C-3”
Current Land Uses: Bank
Direction: South
Current Base Zoning: “R-4”
Current Land Uses: Single Family Residential
Direction: West
Current Base Zoning: “R-4”
Current Land Uses: Single Family Residential
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.
Thoroughfare: West Lullwood Avenue
Existing Character: Local
Proposed Changes: None Known
Thoroughfare: Warren Avenue
Existing Character: Local
Proposed Changes: None Known
Public Transit: VIA bus routes are not within walking distance of the subject property.
Routes Served: 509
Traffic Impact: A Traffic Impact Analysis (TIA) cannot be determined at this time.
Parking Information: The parking minimum for Auto and Light Truck Repair is 1 per 500 square feet GFA of sales and service building.
ISSUE:
None.
ALTERNATIVES:
Current: “R-4” Residential Single-Family Districts allow for Single-Family dwelling (detached) with a minimum lot size of 4,000 square feet and a minimum lot width of 35 feet, accessory dwelling, foster family home, public and private schools.
Proposed: “C-1” Light Commercial districts accommodate neighborhood commercial uses which depend on a greater volume of vehicular traffic than an NC district. C-1 uses are considered appropriate buffers between residential uses and C-2 and C-3 districts and uses. Building size is limited to 5,000 square feet. Examples of permitted uses: arcade, boarding house, noncommercial athletic field, retail furniture sales, grocery store, nursery (retail - no growing of plants on site permitted), retail office equipment and supply, and retail rug or carpet sales. No outdoor storage or display of goods shall be permitted except for outdoor dining.
The “CD” Conditional Use will allow all “C-1” uses in addition to Auto and Light Truck Repair with Outside Storage of Vehicles, Trailers, and Equipment.
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is located not located within a regional center, but it is within a premium transit corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (8-1) recommend Approval, with Conditions.
The Conditions include: limited hours of operation from Monday - Friday from 8am-5pm and on Saturday from 8am-1pm.
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 Near Northwest Community Plan and is currently designated as “Urban Low Density Residential” in the future land use component of the plan. The requested “C-1” base zoning district is not consistent with the future land use designation. The applicant has requested a Plan Amendment to “Neighborhood Commercial” to accommodate the “C-1” base zoning. 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 requested of “C-1” Light Commercial District appropriate adjacent to this single-family area.
3. Suitability as Presently Zoned:
The current "R-4” Single Family Residential is appropriate for the property and surrounding area. The requested “C-1 CD” is consistent with the residential character of the neighborhood. The requested “CD” Conditional Use allows consideration of Auto and Light Truck Repair with Outside Storage of Vehicles, Trailers, and Equipment in addition to all uses permitted in “C-1” Light Commercial District.
4. Health, Safety and Welfare:
Staff has found indication of likely adverse effects on the public health, safety, or welfare.
5. Public Policy:
The proposed rezoning appears to conflict with the following goals, principles, and objectives of the Near Northwest Community Plan:
Plan Goals:
o Objective 2.2: Business Development- Create opportunities for new business development to ensure a diversity of attractive business in pedestrian friendly environments.
§ 2.2.4- Discourage certain businesses from locating within the planning area including day labor sites, pawn shops, tattoo parlors, dollar-type stores, used car sales and additional auto repair stores.
6. Size of Tract:
The subject property is 0.126 acres, which could reasonably accommodate light commercial use and the proposed Auto and Light Truck Repair with Outside Storage of Vehicles, Trailers, and Equipment.
7. Other Factors:
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.
At the beginning of the process the applicant was seeking “Community Commercial” land use and “C-2 CD” Commercial District with Conditional Use for Auto and Light Truck Repair with Outside Storage of Vehicles, Trailers, and Equipment. At the April 28, 2021 Planning Commission meeting the applicant amended to “Neighborhood Commercial” land use. At the May 4, 2021 Zoning Commission meeting they amended to “C-1 CD” Light Commercial with Conditional Use for Auto and Light Truck Repair with Outside Storage of Vehicles, Trailers, and Equipment.