Leon Valley
TX

Ordinance
Ordinance 17-015

Public Hearing and City Council Discussion with Consideration of Possible Action of an Ordinance Approving Zoning Case #2017-400, the Rezoning of Approximately 0.344 Acres of Land Generally Located at 5301 Bandera Road from R-2 (Two-Family Dwelling) Commercial/Industrial Overlay to B-2 (Retail) Commercial/Industrial Overlay District.

Information

Department:Community DevelopmentSponsors:
Category:Public Hearing

Item Discussion

PURPOSE

 

To hold a public hearing for consideration of a request to rezone approximately 0.344 acres of land from R-2 (Two-Family Dwelling) Commercial/Industrial Overlay to B-2 (Retail) Commercial/Industrial Overlay being Lot 9, Block 4, CB 4428B, S.R. Hodges Subdivision, at 5301 Bandera Road.

 

A history of the property indicates the following:

 

1971 - A request to rezone from R-2 (Two-Family Dwelling) to B-3 (Commercial)

was denied

 

1983 - A request to rezone from R-2 (Two-Family Dwelling) to B-1 (Small Business) was denied

 

1999 - 5217 Bandera Road was granted approval to rezone from R-2 (Two-Family Dwelling) to B-2 (Retail)

 

2000 - 5213 Bandera Road was granted approval to rezone from R-2 (Two-Family Dwelling) to B-2 (Retail)

 

The 2009 Master Plan, Section 2bCC Leon Valley South Corridor address the area in general noting consideration and rezoning of lots along Bandera Road to O-1 (Office), B-1 (Small Business) and B-2 (Retail).

 

The applicant was operating a home office. While home occupations are allowed in residential districts, upon inspection by Police and Code Enforcement there were concerns that due to vehicles parked in front of the home, some materials stored in the back yard and a snipe sign at the front of the property advertising Herbert Construction services that the home was being used for a full-fledged business. In order to resolve any concerns and address the matter, Ms. Trevino the property owner, is requesting a rezoning to B-2 (Retail).

 

Other considerations are as follows:

 

1) The rezoning request is consistent with Master Plan considerations for rezoning to B-2 (Retail) for properties fronting Hodges Drive and Bandera Road.

             

2) B-2 (Retail) zoning is required to provide adequate and effective buffers and screening to adjacent residential. This would require the construction of an 8-foot vision proof fence at the rear property line.

 

3) Bandera Road is a busy Primary Arterial highway. The property directly fronts Bandera Road and is part of the Leon Valley South Commercial Corridor and appears to be more suited to B-2 retail development than R-2 residential development.

 

4) Per the Zoning Ordinance, Chapter 14, Section 14.02.551b, the applicant submitted a Traffic Impact Analysis Worksheet indicating that the proposed will generate less than100 peak hour trips.

 

5) The applicant will be required to meet all building, code, fire and site development requirements prior to issuance of a Certificate of Occupancy.

 

Letters were mailed to twelve (12) property owners within 200-feet.  One (1) letter was received in favor, none were received in opposition and none were returned undeliverable.

 

SEE LEON VALLEY

 

Social Equity - It is an equitable process for a property owner to request rezoning for the development of their property.

 

Economic Development - The property is requested for rezoning to B-2 (Retail), retail services and products can provide a useful business to the area and has the potential to generate sales tax.

 

Environmental Stewardship - The property is landscaped and manicured and will be maintained as such.

 

FISCAL IMPACT

 

The applicant paid $700 for consideration of the rezoning request.

 

STRATEGIC GOALS

 

Rezoning is indirectly related to Strategic Plan Goal #1, "Economic Development," which encourages attracting and retaining businesses and sales tax generation.

 

Document Comments

RECOMMENDATION

 

On April 25, 2017 the Zoning Commission recommended approval, by a vote of 7-0.

 

Body

APPROVING REZONING CERTAIN PROPERTY, APPROXIMATELY 0.344 ACRES OF LAND, GENERALLY LOCATED AT 5301 BANDERA ROAD UPON APPLICATION BY YOLANDA TREVINO, APPLICANT AND PROPERTY OWNER, FROM R-2 (TWO-FAMILY DWELLING) COMMERCIAL/INDUSTRIAL OVERLAY TO B-2 (RETAIL) COMMERCIAL/INDUSTRIAL OVERLAY.

 

WHEREAS, Chapter 211 of the Texas Local Government Code empowers a city to enact zoning regulations and provide for its administration, enforcement and amendment; and

 

WHEREAS, the City has previously deemed it necessary and desirable to adopt zoning regulations and zoning tools to provide for the orderly development of property within the City in order to promote the public health, safety, morals and general welfare of the residents of the City; and

 

WHEREAS, the Leon Valley Code of Ordinances Chapter 14 constitutes the City’s Zoning Regulations and requires property to be zoned in accordance with proper designations as defined by the City; and

 

WHEREAS, the Zoning Commission of the City of Leon Valley provided adequate notice and held a public hearing in accordance with Chapter 14 of the Leon Valley Code of Ordinances; and

 

WHEREAS, the Zoning Commission of the City of Leon Valley has recommended approval of the rezoning which is uniform and conforms to the plan and design of the City of Leon Valley’s Zoning regulations and the City of Leon Valley Comprehensive Master Plan; and

 

WHEREAS, the City Council of the City of Leon Valley has also held a public hearing regarding the rezoning request on the affected property and has issued adequate notice to all the affected parties; and

 

WHEREAS, the City Council of the City of Leon Valley believes that rezoning of affected properties will not adversely affect the character of the area of the neighborhood in which it is proposed to rezone; and

 

WHEREAS, the rezoning will not substantially depreciate the value of adjacent or nearby properties; and

 

WHEREAS, the rezoning will be in keeping with the spirit and intent of the City’s Zoning Ordinance; and

 

WHEREAS, the rezoning will comply with applicable standards of the district in which located; and

 

WHEREAS, the rezoning will not adversely affect traffic, public health, public utilities, public safety and the general welfare of the residents of the City of Leon Valley; NOW, THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS, THAT:

 

SECTION 1.              Property being described as 0.344 acres of land being Lot 9, Block 4, CB 4428B, S.R. Hodges Subdivision, generally located at 5301 Bandera Road, and more particularly described in case file ZC 2017-400, is hereby rezoned from R-2 (two-Family Dwelling) Commercial/Industrial Overlay to B-2 (Retail) Commercial/Industrial Overlay.

 

SECTION 2.              That the City's Official Zoning Map is hereby amended to reflect the above approved zoning.

 

SECTION 3.              The City staff is hereby authorized to issue said zoning when all conditions imposed by the City Council have been addressed and complied with in full.

 

SECTION 4.              This ordinance is effective immediately upon passage by four (4) affirmative votes; otherwise it is effective on the tenth day after passage hereof.

 

                                                                     

                                                                     

                                                                                   

Meeting History

May 16, 2017 7:00 PM  City Council Regular Meeting

Community Development Director Kristie Flores presented the item to hold a public hearing and for City Council consideration of a request to rezone approximately 0.344 acres of land from R-2 (Two-Family Dwelling) Commercial/Industrial Overlay to B-2 (Retail) Commercial/Industrial Overlay being Lot 9, Block 4, CB 4428B, S.R. Hodges Subdivision, at 5301 Bandera Road.

The applicant was operating a home office. While home occupations are allowed in residential districts, upon inspection by Police and Code Enforcement there were concerns that due to vehicles parked in front of the home, some materials stored in the back yard and a snipe sign at the front of the property advertising Herbert Construction services that the home was being used for a full-fledged business. In order to resolve any concerns and address the matter, Ms. Trevino the property owner, is requesting a rezoning to B-2 (Retail).

Zoning Commission Chairman Olen Yarnell stated that the Zoning Commission voted in favor of granting the request.

Yolanda Trevino was present to speak on behalf of her son-n-law who resides on the property.

Mayor Riley opened the public hearing at 9:43 p.m.

There being no public comment, Mayor Riley closed the public hearing at 9:43 p.m.

A motion was made by Council Member Monica Alcocer and seconded by Council Member David Edwards to grant the request for Zoning Case #2017-400, the Rezoning of Approximately 0.344 Acres of Land Generally Located at 5301 Bandera Road from R-2 (Two-Family Dwelling) Commercial/Industrial Overlay to B-2 (Retail) Commercial/Industrial as presented.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Monica Alcocer, Council Place 3
SECONDER:David Edwards, Council Place 1
AYES:David Jordan, David Edwards, Belinda Ealy, Monica Alcocer, Benny Martinez

Discussion