Leon Valley
TX

Ordinance
Ordinance 17-063

Discussion and Possible Action to Approve an Ordinance Authorizing the Issuance of a Specific Use Permit No. 2017-280, for the Operation of a "Kennel" in a B-3 (Commercial) Sustainability Overlay Zoning District, Generally Located in the 6500 Block of Grissom Road.

Information

Department:Community DevelopmentSponsors:
Category:Policy

Attachments

  1. Printout

Item Discussion

PURPOSE

 

To consider approval of an Ordinance Approving Specific Use Permit Case No. 2017-281, for the Operation of a “Kennel” in a B-3 (Commercial) Sustainability Overlay District, generally located in the 6500 block of Grissom Road.

 

Applicant:              Jonathan King, applicant, for San Antonio Dog Training Company

 

Request:              The request is for a Specific Use Permit (SUP) for the operation of a “Kennel”, on a 1.04 acre tract of land, in a B-3 (Commercial) Sustainability Overlay zoning district (Att. 1, 2).

 

Per the Leon Valley Code of Ordinances, Chapter 15 Zoning, Section 15.02.381, “Permitted Use Table,” the use “Kennel” is allowed, with a Specific Use Permit (Att. 3).

 

Site:              Lot 73, CB 5784, Leon Valley Addition Glass Service Subdivision, and generally located in the 6500 block of Grissom Road (Att. 4).

 

Surrounding Zoning and Land Use (Att. 4):

 

              North, developed and undeveloped B-3 (Commercial)

              South, developed B-3 (Commercial)

              East, developed B-3 (Commercial) and B-2 (Retail)

              West, undeveloped B-3 (Commercial)

 

History:

 

              1936 - Property was platted as a part of Leon Valley Addition subdivision

              1975 - Property was rezoned from R-1 (Single Family) to B-3 (Commercial)

              2008 - Property replatted as Leon Valley Addition - Glass Service subdivision Lot 73

              Property has remained vacant

 

Master Plan:                Both the 2009 and the recently revised Master Plan, Section 4CC Grissom Road Corridor address this area in general, encouraging and maintaining B-3 (Commercial) zoning for the Leon Valley Addition subdivision lots on the north side of Grissom Road.

 

Staff Comments:             

 

1)              The request is consistent with the Master Plan and the existing surrounding zoning districts.

 

2)              Applicant has met all requirements of the Zoning Code Sustainability Overlay District requirements (Att. 5).

 

3)    The applicant submitted a Traffic Impact Analysis Worksheet, which indicates this use will generate less than 100 trips; therefore, a Traffic Impact Analysis will not be required.

 

4)    The site plan does indicate future retail spaces, which may or may not require further Traffic Impact Analysis studies

 

5)    The City reviewers had no objection to this use.

 

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

 

__7__ Mailed   _0__ In Favor (200-ft) _0__Opposed (200-ft)

 

_0__ Total responses received as of 9/20/17

 

_0__ Returned, unable to deliver

 

Attachments: 1) Application, 2) Development Design Statement, 3) Zoning Code Table of Permitted Uses, 4) Site and Zoning Map, 5) Site Development Plan

 

SEE LEON VALLEY

 

Social - this facility will provide goods and services to all Leon Valley citizens.

 

Economic - This facility is expected to generate local and state taxes each year, which will boost Leon Valley’s economy.

 

Environmental - this facility has met the requirements for trees, landscaping, and site amenities, and will be required to meet Stormwater code requirements, which will conform to Leon Valley’s Best Management Practices for Stormwater.

 

FISCAL IMPACT

 

None to the City; however, the property will generate sales tax and increased property taxes.

 

 

Document Comments

RECOMMENDATION

 

On September 26, 2017, the Leon Valley Zoning Commission voted 5-2, to recommend approval of the request for a Specific Use Permit for the Operation of a “Kennel”, at Lot 73, CB 5784, Leon Valley Addition - Glass Service Subdivision, and being generally located in the 6500 block of Grissom Road.

 

 

Body

AN ORDINANCE GRANTING SPECIFIC USE PERMIT #2017-280 TO SAN ANTONIO DOG TRAINING COMPANY, FOR THE OPERATION OF A KENNEL, ON A 1.04 ACRE TRACT OF LAND, GENERALLY LOCATED IN THE 6500 BLOCK OF GRISSOM ROAD, IN A B-3 (COMMERCIAL) SUSTAINABILITY OVERLAY ZONING DISTRICT.

 

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 Specific Use Permit 2017-280 on the designated property and has confirmed that the zoning 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 granting of a Specific Use Permit to the affected properties will not adversely affect the character of the area in which is proposed to be located; 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 Lot 73, CB 5784, Leon Valley Addition - Glass Service Subdivision, generally located in the 6500 block of Grissom Road, and more particularly described in case file SUP #2017-280, is hereby issued a Specific Use permit for the operation of a Kennel.

 

2. The City staff is hereby authorized to issue said Specific Use Permit 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 judgment 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

Oct 2, 2017 6:00 PM  City Council Regular Meeting

A motion was made by Council Member Benny Martinez and seconded by Council Member Monica Alcocer to approve the request with the provision that he build an eight foot (8’) fence.

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

Discussion







Powered by Accela - Legislative Management