Leon Valley
TX

Ordinance
Ordinance 17-014

Public Hearing and City Council Discussion with Consideration of Possible Action to Grant a Specific Use Permit # 2017-278, to Allow Operation of "Motorcycle Sales, Repair and Service," Generally Located at 5419 Bandera Road, Suite 711, in a B-3 (Commercial) Zoning District within the Commercial/Industrial Overlay.

Information

Department:Community DevelopmentSponsors:
Category:Public Hearing

Item Discussion

PURPOSE

 

The purpose is to conduct a public hearing to consider operation of “Motorcycle Sales, Repair and Service.” This use is allowed by right in the B-3 (Commercial) zoning district within the Commercial/Industrial Overlay with a Specific Use Permit. This use is allowed in the B-3 (Commercial) district with a Specific Use Permit.

 

The City started an audit process in February 2017 where the Development Office, Code Enforcement and Fire Department visit businesses in the City checking for their Certificate of Occupancy, and verifying that there are not any serious health and safety violations. There has not been a comprehensive approach like this before in the City.

 

The audit began in the Leon Valley South Corridor, which was when it was discovered that Mr. Keller had been in operation for approximately 2 years without a Certificate of Occupancy or Specific Use Permit. Once the business was discovered without the necessary permitting, Mr. Keller was required to cease business operations.

 

To resolve the matter Mr. Keller is requesting the required Specific Use Permit and if it is approved he will then proceed through the Certificate of Occupancy process, so that he may resume business operations.

 

The proposed use is allowed by right in the B-3 (Commercial) zoning district with a Specific Use Permit.

 

The Specific Use Permit is a zoning tool used to consider other site limitations that may be necessary to protect the area and surrounding uses. Specific considerations are things such as: limited hours of operation, fencing, landscape buffers, hooded lighting directed away from residential areas, and all service testing within the building to limit noise and fumes to existing and neighboring businesses. 

 

The Zoning Commission did not recommend any specific conditions. The applicant has indicated that there have not been any complaints from neighboring businesses regarding his motorcycle repair shop.

 

The applicant submitted a Traffic Impact Analysis Worksheet which indicates that the proposed use will generate less than 100 peak hour trips.

 

There were eleven (11) notices mailed to property owners within 200-feet. There was one (1) letter received in favor, one (1) duplicate received, none received in opposition and none returned undeliverable.

 

The request is consistent with other businesses in the area and there are other Specific Use Permits that have been issued for various uses in Westloop Business Park.

 

 

 

SEE LEON VALLEY

 

Social Equity - It is equitable to have a process by which applicants can address/resolve matters concerning their business through the zoning process.

 

Economic Development - Approval of the request allows a business owner to operate their business providing service and parts, which generate sales tax revenue.

 

Environmental Stewardship - Not applicable.

 

FISCAL IMPACT

 

The applicant paid $500 for consideration of this request.

 

STRATEGIC GOALS

 

The request is indirectly related to Strategic Plan Goal #1, "Economic Development." Every day that Mr. Keller is not able to operate he is losing income and clients. It is beneficial for the City to support a local business owner, for their success and potential sales tax generation to the City from parts sold to customers.

 

Document Comments

RECOMMENDATION

 

On April 25, 2017, the Zoning Commission recommended Approval of Specific Use Permit #2017-278 noting that it was consistent and compatible with the site and surrounding uses and protected the health, safety, and welfare of the general public, by a vote of 6-0.

 

 

Body

GRANTING SPECIFIC USE PERMIT #2017-278 FOR OPERATION OF “MOTORCYCLE SALES, REPAIR AND SERVICE” ON CERTAIN PROPERTY ZONED B-3 (COMMERCIAL) ZONING DISTRICT WITHIN THE COMMERCIAL/INDUSTRIAL ZONING OVERLAY, UPON APPLICATION BY JONATHAN KELLER, APPLICANT.

 

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 Planning and 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 Planning and Zoning Commission of the City of Leon Valley has recommended approval of the Specific Use Permit, a zoning tool, to address the use of the designated property; and

 

WHEREAS, the Planning and Zoning Commission has confirmed that the Specific Use Permit is uniform and conforms to the plan and design of the City of Leon Valley’s Zoning regulations and Permitted Use Table and the City of Leon Valley Comprehensive Plan; and

 

WHEREAS, the City Council of the City of Leon Valley has also held a public hearing regarding the Specific Use Permit for operation of “Motorcycle Sales, Repair and Service” 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 the granting of a Specific Use Permit will not adversely affect the character of the area of the neighborhood in which it is proposed to operate the Specific Use Permit; and

 

WHEREAS, said Specific Use Permit will not substantially depreciate the value of adjacent or nearby properties; and

 

WHEREAS, said Specific Use Permit will be in keeping with the spirit and intent of the City’s Zoning Ordinance; and

 

WHEREAS, said Specific Use Permit will comply with applicable standards of the district in which located; and

 

WHEREAS, said Specific Use Permit will not adversely affect traffic, public health, public utilities, public safety and the general welfare of the residents of the City of Leon Valley; and

 

WHEREAS, it is now the desire of the City Council of the City of Leon Valley to grant a Specific Use Permit for operation of “Motorcycle Sales, Repair and Service”; NOW, THEREFORE,

 

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

 

SECTION 1.              Property being described as Lot 5, Block 1, CB 4428H, Westloop Business Park, generally located at 5419 Bandera Road, Suite #711 and more particularly described in case file SUP 2017-278, is hereby granted a Specific Use Permit to operate “Motorcycle Sales, Repair and Service,” in a B-3 (Commercial) zoning district within the Commercial/Industrial Overlay.

 

SECTION 2.              The site plan and suite layout are attached hereto and incorporated herein for all purposes as Exhibit A and Exhibit B.               

 

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 for the purpose of conducting a public hearing and for City Council consideration of a “Motorcycle Sales, Repair and Service.” This use is allowed by right in the B-3 (Commercial) zoning district within the Commercial/Industrial Overlay with a Specific Use Permit. This use is allowed in the B-3 (Commercial) district with a Specific Use Permit.

Community Development Director Flores stated that the City started an audit process in February 2017 where the Development Office, Code Enforcement and Fire Department visit businesses in the City checking for their Certificate of Occupancy, and verifying that there are not any serious health and safety violations. The audit began in the Leon Valley South Corridor, which was when it was discovered that Mr. Keller had been in operation for approximately 2 years without a Certificate of Occupancy or Specific Use Permit. Once the business was discovered without the necessary permitting, Mr. Keller was required to cease business operations.

To resolve the matter Mr. Keller is requesting the required Specific Use Permit and if it is approved he will then proceed through the Certificate of Occupancy process, so that he may resume business operations.

The proposed use is allowed by right in the B-3 (Commercial) zoning district with a Specific Use Permit. The Specific Use Permit is a zoning tool used to consider other site limitations that may be necessary to protect the area and surrounding uses. Specific considerations are things such as: limited hours of operation, fencing, landscape buffers, hooded lighting directed away from residential areas, and all service testing within the building to limit noise and fumes to existing and neighboring businesses.

The Zoning Commission did not recommend any specific conditions. The applicant has indicated that there have not been any complaints from neighboring businesses regarding his motorcycle repair shop. The applicant submitted a Traffic Impact Analysis Worksheet which indicates that the proposed use will generate less than 100 peak hour trips. The request is consistent with other businesses in the area and there are other Specific Use Permits that have been issued for various uses in Westloop Business Park.

Zoning Commission Chair Olen Yarnell stated that the Zoning Commission approved of this item.

Council Member David Jordan asked staff to make sure that instructions for incoming businesses be placed on the City’s website to inform all business owners of the requirements. Mayor Riley agreed and Community Development Director Flores said she would make sure that was done.

Mayor Riley opened the public hearing at 9:33 p.m.

· Bobby Anderson, 5409 Bandera Road, said that he does take some responsibility as the leasing agent and will make sure that there is follow up moving forward.

There being no further public comment, Mayor Riley closed the public hearing at 9:34

p.m.

A motion was made by Council Member David Jordan and seconded by Council Member Monica Alcocer to approve the Specific Use Permit # 2017-278, to Allow Operation of "Motorcycle Sales, Repair and Service," Generally Located at 5419 Bandera Road, Suite 711, in a B-3 (Commercial) Zoning District within the Commercial/Industrial Overlay.

RESULT:ADOPTED [UNANIMOUS]
MOVER:David Jordan, Mayor Pro Tem
SECONDER:Benny Martinez, Council Place 4
AYES:David Jordan, David Edwards, Belinda Ealy, Monica Alcocer, Benny Martinez

Discussion