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File #: 21-3949   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/3/2021
Posting Language: ZONING CASE Z-2021-10700075 (Council District 2): Ordinance amending the Zoning District Boundary from "L MLOD-3 MLR-1 AHOD" Light Industrial Martindale Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District to "C-3 MLOD-3 MLR-1 AHOD" General Commercial Martindale Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District on Lot 6, Block 2, NCB 17993, generally located in the 6100 Block of Interstate IH-10 East. Staff and Zoning Commission recommend Approval.
Attachments: 1. Map, 2. Zoning Minutes, 3. Draft Ordinance, 4. Ordinance 2021-06-03-0409
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2021-10700075

 

SUMMARY:

Current Zoning: "L MLOD-3 MLR-1 AHOD" Light Industrial Martindale Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District

 

Requested Zoning: "C-3 MLOD-3 MLR-1 AHOD" General Commercial Martindale Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  May 18, 2021

 

Case Manager:  Justin Malone, Planner

 

Property Owner: 1616 Calle Del Norte Apt. 48

 

Applicant: Jaime Archiga, for Rosillo Creek Development, Ltd.

 

Representative: Brown & Ortiz PC

 

Location:  Generally located in the 6100 Block of IH-10 East

 

Legal Description:  Lot 6, Block 2, NCB 17993

 

Total Acreage:  2.898

 

Notices Mailed

Owners of Property within 200 feet:  5

Registered Neighborhood Associations within 200 feet:  None

Applicable Agencies:  Martindale, TxDOT

 

Property Details

Property History:  The property was annexed by Ordinance 61632 on December 29, 1985 and was originally zoned “B-3” Business District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May 03, 2001, the property zoned “B-3” Business District converted to the “C-3” General Commercial District. The property was rezoned from “C-3” General Commercial District to “L” Light Industrial District by Ordinance 2013-05-16-0344, dated May 16, 2013.

                     

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:  UZROW, “I-1” “C-3”

Current Land Uses:  Interstate Highway, Hotel, Tire Shop, Car Wash

 

Direction:  East

Current Base Zoning: “I-1”, “R-6”

Current Land Uses:  Truck Stop

 

Direction:  South

Current Base Zoning: “L”, “I-1”

Current Land Uses:  Vacant Land

 

Direction:  West

Current Base Zoning: “L”, “UD”, “I-1”

Current Land Uses:  Vacant Land

 

Overlay and Special District Information: 

"MLOD-3"

The "MLOD-3" Martindale Army Airfield Military Lighting Overlay District 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.

 

"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:  Interstate Highway 10 East

Existing Character:  Interstate Highway

Proposed Changes:  None known

 

Thoroughfare:  Palmyra Park Drive

Existing Character:  Local

Proposed Changes:  None known

 

Public Transit:  VIA bus routes are not within walking distance of the subject property.

 

Traffic Impact: A Traffic Impact Analysis (TIA) is required. HI-10 is a TxDOT roadway, TxDOT review and approval will be required. 

 

Parking Information:  The minimum parking requirement for a Medical clinic (physician and or dentist) is 1 parking space per 400 square foot of Gross Floor Area.

 

ISSUE:

None.

 

ALTERNATIVES:

Current: The current zoning district designation of “L” Light Industrial District allows for a mix of light manufacturing uses, office park, flex-space with limited retail and service uses that serve the industrial development in the zone. Examples of permitted uses include auto sales and repair, cabinet or carpenter shop, machine shop, tree services, and moving company.

 

Proposed:  The proposed zoning district designation of “C-3” General Commercial District allows for more intensive commercial uses than those listed within the “NC”, “C-1”, or “C-2” zoning districts. “C-3” uses are typically characterized by 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 include bar/tavern, auto repair, hotel, and home improvement center. 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.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The property is not within a Regional Center and is not within a premium transit corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (11-0) 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 in the I-10 East Corridor Plan and is currently designated “Industrial” in the future land use component of the plan. The requested “C-3” base zoning district is consistent with the future 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 existing “L” Light Industrial and the proposed “C-3” General are consistent zoning designations.  The proposed use as a medical clinic and doctor’s office is also consistent with the established development pattern of the surrounding area. 

3.                     Suitability as Presently Zoned: 

The current “L” Light Industrial base zoning district is appropriate for the surrounding area. The proposed “C-3” General Commercial is a downzone and is also appropriate, allowing less intense uses to be accessible off a major highway. 

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 IH-10 East Perimeter Plan which encourages the following:

Goal 4: Improve the Corridor- Analyze design standards that can be implanted along the IH-10 East Corridor

Objective 4.1- Corridor Overlay District Analysis

                     Utilize stakeholders and design professionals to develop design standards.

 

6.  Size of Tract: 

The 2.898 acre site is of sufficient size to accommodate the proposed medical clinic.

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 indicated that there are no objections to the request.

 

The applicant is requesting the rezoning of the property to allow for a three-story medical clinic (42,000 square feet) and a doctor office (16,000 square feet).