Leon Valley
TX

Ordinance
Ordinance 17-053

Discussion, Presentation, Public Hearing, and Possible Action to Consider Zoning Case #2017-402 and Approve an Ordinance Rezoning Approximately 20.98 Acres of Land from R-3A (Multiple Family Retirement Community District) to R-3 (Multiple Family Dwelling District) and Rezoning a 2.32 Acre Tract From R-3A (Multiple Family Retirement Community District) to B-2 (Retail District), Generally Located in the 5500 - 5600 Block of Grissom Road

Information

Department:Public WorksSponsors:
Category:Amendment

Attachments

  1. Printout
  2. scan
  3. Letter in Favor 1
  4. Letter in Opposition 1
  5. Zoning Commissioner Report ZC 2017-402 9-5-17 (This file has not yet been converted to a viewable format)
  6. PPT Zoning Case 2017-402 9-5-17

Item Discussion

PURPOSE

 

To consider a request by White-Conlee Builders, Inc. to rezone a total of approximately 23.3 acres of land, with 20.98 acres being rezoned from R-3A (Multi-family Retirement Community District) Sustainability Overlay to R-3 (Multi-Family Dwelling District) and 2.32 acres being rezoned from R-3A (Multi-family Retirement District) Sustainability Overlay to B-2 (Retail) (Att. 1 a).

 

Site:

Lots 1, 2, and 3, Block 102, CB 4433, Cottages at Timberhill Subdivision, and NCB 18620 Lot P-25E .101 CB 4433 P-25E ABS 573 2.263 (Tract 1), and CB 4433 Lot P-138A ABS 573 (Tract 2), generally located between Timberhill Drive and Grissom Road (Att.1 b, c, d)

 

Surrounding  Zoning/Land Use (Att.2 B):

 

              North and West- developed City of San Antonio O-2 (high rise office), and City of Leon Valley developed B-3 (Commercial) and developed R-6 (Garden Home);

              South and East - City of San Antonio  - developed R-6 (Residential Single Family District - similar to LV Garden Home), developed MF-33 (Multiple Family Dwelling - maximum of 33 units per acre), and some C-3 NA (Commercial - no alcohol sales - similar to LV B-3 zoning)

              The property is located within the Sustainability Overlay Zoning District.

 

History:

 

1977- ZC Case 100 - 29.320 acres of property at the corner of Timberhill and Grissom were rezoned from R-1 (Single Family Dwelling) to B-3 (Commercial).

 

1997 - ZC Case 97-044 - 15.069 acres is rezoned from B-3 (Commercial) to R-3A (Multiple-Family Retirement Community District). In 2003, this portion of the subject property was platted as The Cottages at Timberhill Subdivision.

 

Master Plan:             

 

The 2009 Master Plan, Section 4CC Grissom Road Corridor addresses the area in general stating that the corridor is B-3 with some R-3 (Multiple-Family Dwelling), R-4 (Townhome, which is not the case), and R-6 (Garden Home). It further states that land use in this area encourages B-3 (Commercial) zoning for the areas of the Leon Valley Addition Subdivision northwest of Grissom Road, but does not address the subject property. Section 15N Shadow Mist Area addresses the vacant land by stating that the property should remain R-3A; however it could be considered for rezoning to R-1 (Single Family), R-2 (Two-family), R-4 (Townhomes), or R-6 (Garden Home) (Att. 2 a-d).

 

 

Staff Comments:             

 

R-3 Multiple Family Dwelling District Request

 

1) The Master Plan does not suggest R-3 zoning for this parcel of property; however, the R-3 (Multiple-Family) request is consistent and compatible with surrounding zoning districts, as the Shadow Valley (250 units), Barcelona Lofts (136 units), and Valencia Lofts (192 units) apartment complexes are located in close proximity to this property (total of 578 units). In addition, Timberhill Villa Retirement Community Apartments (94 units) is contiguous to this property. There are R-6 (Garden Home) subdivisions directly adjacent to this area, both in Leon Valley and in the City of San Antonio.

 

2) Even though the use is compatible with the surrounding zoning, staff cautions that Leon Valley already has two apartment complexes in close proximity, with Shadow Valley being about 600 linear feet from this parcel and Barcelona/Valencia Lofts about 1600 linear feet away. There are a ten existing apartment complexes established in Leon Valley, and one currently under construction, which will result in a total of 1842 units, situated on 82 acres of land. Even though the applicant states that they plan on developing 340 units, this property could support approximately 450 units for this size of property. If this property is rezoned for multiple family, there are no regulations that would cause them to adhere to the 340 planned units.

 

3) The applicant has met with the Shadow Mist Home Owner’s Association to discuss their plans.

 

B-3 Commercial District Request - Amended to B-2 Retail

 

1) The rezoning request for B-3 (Commercial) is consistent and compatible with the current Master Plan, surrounding zoning (both in the City of Leon Valley and the City of San Antonio); however, the land use plan of developing Grissom Road as a B-3 Commercial corridor has slowly changed over time with the development of an elementary school, the Shadow Mist subdivision, two churches, and finally the Barcelona/Valencia Lofts apartment complexes. The proposed Master Plan suggests a change in the land use recommendation, from B-3 (Commercial) to B-2 (Retail), or other zoning that is more compatible with the changing nature of the area (Att. 2a and 3).

 

2) Applicant is willing to amend their request for B-3 to B-2 (Retail). The Sustainability Overlay regulations will require certain landscaping, architectural, and site design standards during the construction phase of this project, as this project is adjacent to residential zoning.

 

4)  Per the Zoning Ordinance, Chapter 15, Section 15.02.551, the applicant submitted a Traffic Impact Analysis (TIA) Worksheet indicating that the proposed B-3 (Commercial) zoning will generate less than 100 peak hour trips, so a TIA will not be required; however, the proposed request for R-3 (Multi-family Dwelling) zoning will generate 133 peak hour trips, therefore a TIA is required.

             

5)  The applicant will be required to meet all site development requirements prior to issuance of a Building Permit and Certificate of Occupancy.

 

 

Letters Mailed and Responses Received from Property Owners within 200-feet

159   Mailed       0     In Favor      1     Opposed

 

1 Letter received in favor - outside 200-feet

 

  2    Total responses received as of August 28, 2017

  2    Returned, unable to deliver

 

 

Attachments:

1a) Application

1b) Site Plan R-3 request

1c) Site Plan B-3 request

1d) Aerial view with zoning request

2a) Master Plan 4CC Grissom Road Corridor

2b) Master Plan map Grissom Road Corridor

2c) Master Plan 15N Shadow Mist

2d) Master Plan Map 15N Shadow Mist

3) Zoning Code B-2 and B-3 District Descriptions

4) Letters in opposition and in favor

 

 

SEE LEON VALLEY

 

·              Social - Providing public hearings allows transparency and an opportunity for all citizens to be heard

·              Economic - Developing housing will attract new residents and, in turn, will be an economic boost to local retailers

·              Environmental - The complex will be built with at least 35% open space and will be required to provide adequate stormwater protection, which protects our rivers and streams

·             

FISCAL IMPACT

 

None to the City; however, a new apartment complex will attract new residents, which will boost local sales and property tax.

 

 

Document Comments

RECOMMENDATION

 

On August 22, 2017, the Zoning Commission recommended approval of the rezoning requests by a vote of 5-1 (see attached Zoning Commission Report), stating that the request is consistent and compatible with the Master Plan, with surrounding zoning districts, with the site and surrounding uses, and the zoning change protects the health, safety and welfare of the general public.

 

Body

AN ORDINANCE REZONING APPROXIMATELY 20.98 ACRES OF LAND, GENERALLY LOCATED IN THE 5500-5600 BLOCK OF GRISSOM ROAD, FROM R-3A MULTIPLE FAMILY RETIREMENT COMMUNITY DISTRICT TO R-3 MULTIPLE FAMILY DWELLING DISTRICT AND APPROXIMATELY 2.32 ACRES OF LAND FROM R-3A MULTIPLE FAMILY RETIREMENT COMMUNITY DISTRICT TO B-2 RETAIL.

 

WHEREAS Chapter 211 of the Vernon’s Local Government Code empowers cities to enact zoning regulations and provide for their administration, enforcement, and amendment; and

 

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

 

WHEREAS the Leon Valley Code of Ordinances Chapter 15 Zoning 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 15 of the Leon Valley Code of Ordinances; and

 

WHEREAS THE Zoning Commission of the City of Leon Valley has recommended approval of the rezoning of the designated properties and has confirmed that the rezoning is uniform and conforms to the plan and design of the City’s Zoning regulations and the City of Leon Valley’ Comprehensive Master Plan; and

 

WHEREAS the City Council of the City of Leon Valley believes the rezoning of the affected properties will not adversely affect the character of the area in which is proposed to rezone; will not substantially depreciate the value of adjacent or nearby properties; will be in keeping with the spirit and intent of the City’s Zoning Ordinance; will comply with applicable standards of the district in which it is to be located; and 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, THAT:

 

SECTION I.

 

1. Property being described as 20.98 acres, being Lot 3, Block 102, CB 4433, Cottages at Timberhill Subdivision, and NCB 18620 Lot P-25E .101 CB 4433 P-25E ABS 573 2.263 (Tract 1), and CB 4433 Lot P-138A ABS 573 (Tract 2), generally located between Timberhill Drive and the 5500 block of Grissom Road, and more particularly described in case file ZC #2017-402 are hereby rezoned from R-3A (Multi-family Retirement Community District) Sustainability Overlay District to R-3 (Multi-Family Dwelling District) Sustainability Overlay District.

 

2. Property being described as 2.32 acres, being Lots 1 and 2, Block 102, CB 4433, Cottages at Timberhill Subdivision, generally located between Timberhill Drive and the 5500-5600- block of Grissom Road, and more particularly described in case file ZC #2017-402, is hereby rezoned from the R-3A (Multi-family Retirement Community District) Sustainability Overlay District to B-2 (Retail District) Sustainability Overlay District.

 

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

 

4. The City staff is hereby authorized to issue said zoning when all conditions imposed by the City Council have been addressed in full.

 

SECTION II.

 

The repeal of any Ordinance or part of Ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such Ordinance as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions at the time of passage of this Ordinance.

 

SECTION III.

 

That this ordinance shall be cumulative of all provisions of the City of Leon Valley, Texas, except where provisions of this Ordinance are in direct conflict with the provisions of such Ordinance, in which event, conflicting provisions of such Ordinance are hereby repealed.

 

SECTION IV.

 

That it is hereby declared to be the intention of the City Council of the City of Leon Valley that phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinances, since the same would have been enacted by the City Council without incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, and section.

 

 

 

 

SECTION V.

 

It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public and that public notice of the time, place, and purpose of the meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government.

SECTION VI.

 

The ordinance shall be effective upon passage and publication as required by State and local law.

 

Meeting History

Sep 5, 2017 6:00 PM  City Council Regular Meeting

Interim Community Development Director Melinda Moritz presented this item for consideration of a request by White-Conlee Builders, Inc. to rezone a total of approximately 23.3 acres of land, with 20.98 acres being rezoned from R-3A (Multi-family Retirement Community District) Sustainability Overlay to R-3 (Multi-Family Dwelling District) and 2.32 acres being rezoned from R-3A (Multi-family Retirement District) Sustainability Overlay to B-2 (Retail).

Interim Community Development Director Moritz concluded the presentation saying that on August 22, 2017, the Zoning Commission recommended approval of the rezoning requests by a vote of 5-1 (see attached Zoning Commission Report), stating that the request is consistent and compatible with the Master Plan, with surrounding zoning districts, with the site and surrounding uses, and the zoning change protects the health, safety and welfare of the general public.

Mayor Riley opened the public hearing at 7:58 p.m.

· Vivian Burleson, 6512 Sally Agee, spoke in opposition of the request.

There being no further comment from the public, the Mayor closed the public hearing at 8:02 p.m.

A motion was made by Council Member Monica Alcocer and seconded by Council Member Benny Martinez to adopt the ordinance Rezoning Approximately 20.98 Acres of Land from R-3A (Multiple Family Retirement Community District) to R-3 (Multiple Family Dwelling District) and Rezoning a 2.32 Acre Tract From R-3A (Multiple Family Retirement Community District) to B-2 (Retail District), Generally Located in the 5500 - 5600 Block of Grissom as presented.

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

Discussion