Leon Valley
TX

Staff Report
17-51

Public Hearing on Zoning Case #2017-398, to Rezone Approximately 0.72 acres of Land Being Lot 7, CB 4445, Dirt V-Murchison-Huebner Subdivision, Generally Located in the 7400 Block of Huebner Road, from B-1 (Small Business) Sustainability Overlay to B-2 (Retail) Sustainability Overlay.

Information

Department:Community DevelopmentSponsors:
Category:Report

Item Discussion

PURPOSE

 

To hold a public hearing as required by law and to consider a rezoning request by Huebner Dirt Investments (HDI), to rezone 0.72 acres of land from from B-1 (Small Business) Sustainability Overlay to B-2 (Retail) Sustainability Overlay, in the 7400 block of Huebner Road.

 

Surrounding zoning consists of:

 

North - developed R-1 (Single-Family Dwelling)

South - developed R-1 (Single-Family Dwelling)

East - developed R-1 (Single-Family Dwelling)

West - developed R-6 (Garden Home), and developed and undeveloped B-2 (Retail)

 

The property is located within the Sustainability Overlay Zoning District.

 

A history of the area indicates:

 

1985 - 6.8 acres was rezoned from R-1 (Single-Family Dwelling) to B-1 (Small Business)

             

1991 - a request is denied to rezone 12.86 acres of land from B-1(Small

Business) and B-2 (Retail) to R-3 (Multiple-Family Dwelling)

 

2013 - 1.709 acres of land was rezoned from B-1 (Small Business) to B-2 (Retail)

 

The rezoning to B-2 (Retail) is not directly addressed in the Master Plan but the request is consistent with the existing and surrounding zoning districts. The land uses in the area are also compatible with the proposed and existing B-2 (Retail), as well as the existing B-1 (Small Business) and R-1 (Single-Family). This is demonstrated by the existing and adjacent B-2 (Retail) zoning of the Church of Latter Day Saints and the Department of Public Safety. The corner of Evers Road and Huebner Road is also zoned B-2 (Retail), and abuts and buffers the residential zoning of the Canterfield Subdivision. 

 

B-2 (Retail) zoning districts are required to provide adequate and effective buffers and screening. In this instance, the applicant is proposing to maintain a B-1 (Small Business) zoning buffer of 20-feet between the residential zoning and the proposed B-2 (Retail). The proposed B-1 (Small Business) buffer will not meet the minimum requirements for development. Thus, it will be an useable strip of property. There is not a requirement for a fence between the proposed B-2 (Retail) and B-1 (Small Business) zoning districts; however at the time of development if landscaping, parking or any other buffering elements are utilized/installed then an 8-foot fence will be required between the B-1 and the existing residential zoning. 

 

The comparison table with uses permitted in B-1 (Small Business) and B-2 (Retail) is attached and demonstrates that there are 34 uses permitted in B-1 versus 73 additional uses that are permitted per B-2 (Retail).

 

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 than 100 peak hour trips.

             

The applicant will be required to meet all requirements for platting and infrastructure development and all requirements for site plan development prior to issuance of a Building Permit and Certificate of Occupancy.

 

There were thirteen (13) letters were mailed to property owners within 200-feet. There were no letters received in favor of the request, two (2) letters were received in opposition and one (1) letter was returned unable to deliver.

 

Per the 600-foot notification radius approved by City Council on April 4, 2017, an additional 100 notices were sent to surrounding property owners and a notice was mailed and emailed to the Pavona Place Homeowner's Association.

 

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 - Development of the property will require streetscaping and landscaping.

 

FISCAL IMPACT

 

The applicant paid $700 for consideration of this 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 denial of Zoning Case #2017-398, noting that the rezoning did not protect the health, safety and welfare of the general public and it does not protect the property rights of owners affected by the proposed change, by a vote of 5-1.

 

 

 

 

Meeting History

Jun 20, 2017 6:00 PM  City Council Regular Meeting
draft Draft

Community Development Director Flores and Matthew Baillio presented this item to hold a public hearing as required by law and to consider a rezoning request by Huebner Dirt Investments (HDI), to rezone 0.72 acres of land from B-1 (Small Business) Sustainability Overlay to B-2 (Retail) Sustainability Overlay, in the 7400 block of Huebner Road.

Community Development Director Flores concluded the presentation saying that on April 25, 2017, the Zoning Commission recommended denial of Zoning Case #2017-398, noting that the rezoning did not protect the health, safety and welfare of the general public and it does not protect the property rights of owners affected by the proposed change, by a vote of 5-1.

Mayor Riley opened the public hearing at 9:24 p.m.

· Adele Lerma, 6526 Hoofs Lane, spoke in opposition of this request.

· Larry Proffitt, 6307 Rue Sophie, spoke about the reasons behind the Zoning Commissions decision.

· Natasha Aldrich, engineering firm (inaudible); lives in San Antonio, spoke about the potential of the property and discussed various renditions.

There being no further comments, Mayor Riley closed the public hearing at 9:37 p.m.

Discussion