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File #: 21-4252   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/17/2021
Posting Language: ZONING CASE Z-2021-10700073 (Council District 8): Ordinance amending the Zoning District Boundary from "C-3NA" General Commercial Nonalcoholic Sales District to "MF-33" Multi-Family District on 3.859 acres out of NCB 14614, generally located in the 8900 block of North Loop 1604 West. Staff and Zoning Commission recommend Approval, pending Plan Amendment. (Associated Plan Amendment Case PA2021-11600019)
Attachments: 1. Map, 2. Zoning Minutes, 3. Draft Ordinance, 4. Metes and Bounds, 5. Ordinance 2021-06-17-0504
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 8

 

SUBJECT: Zoning Case Z2021-10700073

(Associated Plan Amendment Case PA2021-11600019)

 

SUMMARY:

Current Zoning: "C-3NA" General Commercial Nonalcoholic Sales District

 

Requested Zoning: "MF-33" Multi-Family District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  May 18, 2021

 

Case Manager:  Lorianne Thennes, Planner

 

Property Owner: East Park Properties, LLC

 

Applicant: RRG Developers, LLC

 

Representative: Killen, Griffin & Farrimond, PLLC

 

Location: Generally located in the 8900 block of North Loop 1604 West

 

Legal Description: 3.859 acres out of NCB 14614

 

Total Acreage: 3.859 acres

 

Notices Mailed

Owners of Property within 200 feet: 2

Registered Neighborhood Associations within 200 feet: None

Applicable Agencies: None

 

Property Details

Property History: The subject property was annexed into the city by Ordinance 41426, dated December 25, 1972 and was originally zoned Temporary “R-1” One Family Residence District. It was rezoned to “B-3NA” Non-Alcoholic Sales Business District by Ordinance 88360, dated August 27, 1998. The previous “B-3NA” district converted to the current “C-3NA” General Commercial Nonalcoholic Sales District in the zoning district conversion that accompanied the adoption of the 2001 UDC, according to Ordinance 93881 in May 2001.

                     

Topography: The eastern and southern portions of the property are in the flood plain.

 

Adjacent Base Zoning and Land Uses

Direction: North

Current Base Zoning: “C-3NA” and “C-1”

Current Land Uses: Apartments, vacant

 

Direction: East     

Current Base Zoning: “C-1” and “R-6”

Current Land Uses: Apartments, single-family neighborhood

 

Direction: South     

Current Base Zoning: “C-1,” “R-6” and “MF-33”

Current Land Uses: Vacant, pond, apartments

 

Direction: West

Current Base Zoning: “C-1” and “R-6”

Current Land Uses: Vacant, apartment entrance

 

Overlay and Special District Information: 

None.

 

Transportation

Thoroughfare: North Loop 1604 West

Existing Character: Interstate

Proposed Changes: None

 

Public Transit: There are no VIA bus routes within walking distance of the subject property.

 

Traffic Impact: A Traffic Impact Analysis (TIA) is not required. The traffic generated by the proposed development does not exceed the threshold requirements.

 

Parking Information: The minimum parking requirement for multi-family use is 1.5 spaces per unit.

 

ISSUE: None.

 

ALTERNATIVES:

Current: The current “C-3NA” General Commercial Nonalcoholic Sales District permits general commercial activities designed to serve the community such as repair shops, wholesale businesses, warehousing and limited retail sales with some outdoor display of goods. These districts promote a broad range of commercial operations and services necessary for large regions of the city, providing community balance. "C-3" districts are designed to provide for more intensive commercial uses than those located within the "NC," "C-1," "C-2" or "C-3" zoning districts. "C-3" uses are typically characterized as community and regional shopping centers, power centers and/or assembly of similar uses into a single complex under either single ownership or the structure of a property owners or condominium styled organization. "C-3" districts should incorporate shared internal circulation and limited curb cuts to arterial streets. District regulations within the "C-3NA" districts are the same as in "C-3" districts except that no sales of alcoholic beverages for on-premises or off-premises consumption shall be permitted.

 

Proposed: The proposed “MF-33” Multi-Family District is the designation for multi-family use with a maximum density of up to thirty-three (33) units per acre, depending on unit size. An "MF-33" district designation may be applied to a use in a multi-family residential area located near supporting transportation and commercial facilities in a centrally located area or in an area for which medium density multi-family use is desired.

 

FISCAL IMPACT: None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The property is not within a regional center or a premium transit corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (11-0) 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 North Sector Plan and is currently designated as “Suburban Tier.” The requested “MF-33” is not consistent with the future land use designation. The applicant seeks a plan amendment to “General Urban Tier” to allow for apartments. Staff and Planning Commission recommend Approval.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff does not find evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The properties to the east and to the south of the subject site zoned “C-1” Light Commercial are developed as multi-family up to 33 units per acre.

 

3.  Suitability as Presently Zoned: 

The current "C-3NA” Commercial District is an appropriate zoning for the property and surrounding area. The proposed use and zoning of “MF-33” is also appropriate with the existing multi-family uses in the area and serves as a buffer between the less intense “R-6” and “C-1” zoning districts.

 

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 proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the North Sector Plan:

 

Goal HOU-1- Continued support for development of diverse housing stock using infill housing development between Loop 1604 and Loop 410.

Goal HOU-1.2- Encourage compatible growth patterns and transitions of higher density residential along principal arterials and transit corridors that fit in with the existing residential character of the North Sector.

Goal LU-6.5- Encourage development that is visually and functionally compatible with its surrounding neighborhoods by maintaining a massing and density of development that is compatible with adjacent developed neighborhoods.

 

6.  Size of Tract: 

The subject property is 3.859 acres, which could reasonably accommodate multi-family use.

 

7.  Other Factors: 

The potential density is up to 127 units.