1. CITY OF ALAMO HEIGHTS
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council Members
FROM: Lety Hernandez, Director of Community Development Services
SUBJECT: Case No. 428
Public hearing, consideration, and action regarding a request to replat the
properties identified as CB 4024, BLK 165, LOT 10 and S ½ of 9, also known as
6401 and 6403 Broadway St, CB 4024, BLK 165, LOT 8 and N ½ of 9, also
known as 6421 Broadway St.
DATE: November 14, 2022
SUMMARY
The applicant is requesting to replat, combining two (2) properties into one (1), for future
commercial development. The applicant is seeking approval of three (3) variances to the current
zoning regulations in conjunction with the proposed replat.
BACKGROUND INFORMATION
The properties are located on the west side of Broadway St between College Blvd and Inslee St.
Both properties are currently zoned Business District (B-1).
The existing commercial use structures facing Broadway will remain.
2. POLICY ANALYSIS
Sec. 3-63. - Lot width.
The minimum lot width for the "B-1", "B-2", "B-3", and "O" Districts shall be in accordance
with the following, and no lot existing at the time of passage of this ordinance shall be
reduced in width below the minimum requirements set forth herein:
(1) Seventy-five (75) feet in width along the frontage.
(2) Reductions in the minimum lot widths and zero lot lines (for common wall or attached
developments) may be permitted and approved as part of the "final design review
process", and as part of plat or replat:
a. After a recommendation by the architectural review board and city council approval
for the "final design review" of the proposed development; and
b. After a recommendation by the planning and zoning commission and city council
approval.
Sec. 3-69. – Required off-street parking.
In the O-1 and B District, off-street parking shall hereafter be provided on each lot or tract
upon which a building is erected or upon a contiguous lot or tract, and no building or
structure or part thereof, shall be hereafter erected, altered, converted or enlarged for any
permitted use in the district in which it is located unless off-street parking facilities are
provided in accordance with the following:
(3) Surface parking areas shall be developed in accordance with the following:
a. A landscape area shall be provided along all parking area boundaries with a minimum
width of eight (8) feet. Breaks in the landscaping areas may be allowed for vehicular,
pedestrian, and emergency services access.
b. One (1), four (4) inch caliper tree, per eight (8) parking spaces shall be provided.
Parking lot trees shall adhere to the following standards:
i. The planting area for each tree, whether located at an edge of the parking areas or
designed as an interior island or median between parking modules, shall be no
less than six (6) feet across in any horizontal direction.
ii. All planting areas shall have permeable surfaces and be planted with locally
appropriate species as identified in sections 3-50 and 5-152, which may include
shrubs, groundcovers, or grasses. If a planting area is used as part of a biological
stormwater treatment system, pursuant to an approved drainage plan,
groundcovers shall be selected that are appropriate to that function
Sec. 3-70. – Landscaping, sidewalks, screening, and lighting.
Any properties within the O-1 and B Districts are required to conform with section 3-88,
landscaping regulations, in addition to the following: Parking must be located in the rear or
side of the property, behind the front face of the building, for properties with frontage along
Broadway (South of Albany Street).
(1) An eight (8) foot wide landscape area must be provided along the rear, corner side, and
front property lines. The width of the landscape may be adjusted to below the eight (8)
foot requirement for front and corner side yards based on the setback of the structure. The
landscaping must be contiguous with the entire length of the property line, except where
interrupted by a drive to an alley, pedestrian access to the property, or courtyards, sitting
areas, or other public uses.
a. Landscaping within a triangular area formed by intersecting street lines shall comply
with the requirements of sections 16-71 through 16-77 of the Code of Ordinances.
b. Required landscaping may not be required for areas located in portions of the
building setbacks that are utilized for courtyards, sitting areas, or other public uses.
3. Sec. 3-84. – Special parking regulations.
(1) Minimum off-street parking requirements for the hereafter specified non-residential uses
are as follows:
(e) Offices, clinics, retail and business uses: One (1) space for each three hundred (300)
square feet of gross floor area in the building;
(f) Restaurant or cafeteria: One (1) space for every one hundred (100) gross square feet
of area;
Sec. 3-89. – Nonconforming uses or structures.
(6) If the final approval of a subdivision plan, plat or replat produces a nonconforming use or
structure because of requirements of the Zoning Code, there shall be no necessity to
obtain a variance or special exception from the board of adjustment for the condition
which produced the nonconforming use or structure unless such condition is not disclosed
in the plat specifications or other documents furnished to the city in connection with the
application. In order to preserve the applicant's rights under this subsection, the
subdivision plan, plat or replat approved by the city council shall include a plat note
specifically describing the condition which otherwise would have necessitated a variance
or special exception from the board of adjustment. If the approval of the subdivision plan,
plat or replat creates a nonconforming structure, future building permits for the alteration,
modification or expansion of the nonconforming structure shall be treated the same as
building permit applications for other nonconforming structures.
The proposed replat would result in a compliant 280ft lot width and lot area of 0.9642 acres
(42,000 sq ft). The current zoning code does not have a minimum lot area requirement for
properties zoned Business District (B-1).
As proposed, the replat does meet Chapter 3 Zoning Code requirements regarding landscaping
and parking requirements. The applicant proposes to continue the existing nonconforming
landscape buffer on the west side of the property. The added parking spaces along the north side
of the property create a new nonconformity as they are placed within the landscape buffer area.
Lastly, current parking regulations require one (1) parking space for every 100 sq ft of
restaurant/cafeteria use and one (1) parking space for every 300 sq ft of gross floor area in the
building for office, clinic, retail, and business uses. The applicant is seeking to apply a combined
ratio of one (1) parking space for every 200 sq ft. Per Section 3-89(6) of the City’s Zoning Code,
the applicant has disclosed the nonconformities on the proposed plat.
The replat does meet the technical requirements of Chapter 17 Subdivision Code. CPS, SAWS,
and Public Works have given approval of the proposed replat in their evaluation of the potential
impact on utilities.
The applicant has not formally applied for construction of the proposed new commercial
building; therefore, a formal review of plan documents has not been completed by Community
Development staff and other required departments. New variances discovered upon completion
of the formal review, would require review by the Board of Adjustment. The applicant would
also have the option to revise the proposed plan to comply with current regulations.
4. FISCAL IMPACT
No projected fiscal impact from this project has been calculated.
ATTACHMENTS
Attachment A – Web Packet
Attachment B – Postcard Responses
__________________________
Lety Hernandez
Director
__________________________
Buddy Kuhn
City Manager
5. CITY OF ALAMO HEIGHTS
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
6116 BROADWAY
SAN ANTONIO, TX 78209
210-826-0516
Planning & Zoning Commission Special Meeting
Monday, November 07, 2022 – 5:30 P.M.
Take notice that a regular Planning & Zoning Commission Meeting of the City of Alamo Heights will be
held on Monday, November 07, 2022 at 5:30pm in the City Council Chamber, located at 6116
Broadway, San Antonio, Texas, 78209, to consider and act upon any lawful subjects which may come
before it.
INSTRUCTIONS FOR TELECONFERENCE: Members of the public may also participate via
audio by dialing 1-346-248-7799 and entering Meeting ID 89047228116. If you would like to speak
on a particular item, when the item is considered, press *9 to “raise your hand”. Citizens will have
three (3) minutes to share their comments. The meeting will be recorded.
Case No. 428 – Public hearing, consideration, and action will take place on Monday, November 07,
2022 at 5:30pm regarding a request to replat the properties identified as CB 4024, BLK 165, LOT 10
and S ½ of 9, also known as 6401 & 6403 Broadway, and CB 4024, BLK 165, LOT 8 and N ½ of 9,
also known as 6421 Broadway.
The City Council of the City of Alamo Heights will conduct a public hearing on Monday, November 14,
2022 at 5:30pm relating to the recommendations of the Planning and Zoning Commission regarding the
same issues.
Attachment A
6. October 17, 2022 (revised 10/28/22)
Lety Hernandez, Director
City of Alamo Heights
6116 Broadway
Alamo Heights, TX 78209
RE: Broadway Central Subdivision – Proposed Lot 18, Block 165, NCB 4024
Dear Lety:
NBD 6401, LP is proposing to construct a new ±4,000 SF commercial building within a current commercial
development with additional parking to support the planned uses. In support of the proposed project, we
are submitting to your office a proposed vacating and subdivision replat to establish a single lot with three
buildings (two existing and one proposed). In conjunction with the referenced subdivision platting, we are
hereby requesting the following variance be approved and included as a note on the plat:
• Secs.3-69 (3) and 3-70 (1) – minimum 8’ landscape area at perimeter of the project. We hereby
request a variance to reduce the 8’ to approximately 5’ on the west boundary adjacent to the new
parking. Further, approval to eliminate the 8’ requirement in locations adjacent to College Blvd
right of way per provided site plan. We hereby propose the following note on the plat:
o A VARIANCE FROM SECS. 3-69(3) AND 3-70(1) IS GRANTED BY THIS PLAT TO
REDUCE OR ELIMINATE THE THE MINIMUM 8' LANDSCAPE AREA AT THE LOT
PERIMETER.
• Sec. 3-84 (1) – minimum off-street parking requirements for retail and restaurant. Refer to attached
site plan for building areas, uses and parking required. We hereby propose the following note on
the plat:
o A VARIANCE FROM SEC. 3-84(1) IS GRANTED BY THIS PLAT TO REDUCE THE
PARKING TO 1 SPACE PER 200 SQUARE FEET OF COMBINED COMMERCIAL SPACE
(RETAIL AND RESTAURANT).
Upon review of this cover letter and attachments, please call if you have any questions regarding our plat
application.
Sincerely,
Mark Johnson, PE
President
mark@balancedsitedesign.com
210-865-0224
Attachment A
7. 0 50 100
25
HORIZONTAL SCALE: 1:50
PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR
ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED
UPON AS A FINAL SURVEY DOCUMENT.
PRELIMINARY, THIS DOCUMENT SHALL NOT BE
RECORDED FOR ANY PURPOSE.
SITE
9630 CORPORATE DR, SUITE 102 I SELMA, TX 78154 I 713.458.2281
FIRM REGISTRATION NO. 10108800 I WINDROSESERVICES.COM
I
LAND SURVEYING PLATTING
W I N D ROS E
Attachment A
10. Re: Letter of Certification Recommending Approval
Plat:
To Whom It May Concern:
Please accept this Letter of Certification for approval of the above mentioned plat. CPS Energy
has no objection to the filing of this plat for consideration by the appropriate governmental
entity.
The installation of electric and natural gas (if applicable) facilities is subject to conformance
with all legal regulations and requirements relating to platting, subdividing, governmental
approvals and permits incidental to installing and maintaining the facilities as planned.
Should changes be made to the approved plat noted and dated above, this letter will be
deemed invalid and the updated plat will have to follow the plat review and approval process.
If you should have any questions or concerns regarding this Letter of Certification,
please contact our office at (210) 353-2969.
Sincerely,
Yvonne Long, SR/WA
Right-of—Way Agent 3
Right-of-Way Management
Attachment A
October 5, 2022
Moses Perez
Balanced Site Design
12950 Country Parkway Suite 150
San Antonio, TX 78216
Broadway Central Subdivision
11. SAN ANTONIO WATER SYSTEM
INFRASTRUCTURE PLANNING DEPARTMENT
2800 U.S. Hwy 281 North • P.O. Box 2449 • San Antonio, TX 78298-2449
LETTER OF CERTIFICATION FOR SUBDIVISION PLATS AND PLANS
Approval DATE: 7/19/2022
SUBDIVISION NAME: Broadway Central Subdivision
Expire Date: 4/19/2023
PLAT NO: AH00038
Balanced Site Design, LLC
12950 COUNTRY PKWY STE 150
SAN ANTONIO, TX, 78216
C.O.S.A. Major Plat:
SAWS Major Plat:
The required data for the above subdivision, as required by Appendix A of the City of San Antonio Unified Development Codes,
has been received by this department
Deferred Impact Fee Payment: Yes
SEWER SAWS Job Number(s):
Sewer Impact Fee Required? Lift Station Fee:
Sewer Fee/EDU: Sewer EDUs: 0 Total Sewer Impact Fee:
Total Planned Sewer Improvements - Cost Estimate:
Main Extension Required: No
Sewer service is available through SAWS Counter Service Permit: Yes
Plat is subject to 30TAC 213.5 (b) and 213.5 (c) (Located over EARZ): No
WATER SAWS Job Number(s):
Water Impact Fee Required?
Water Fee/EDU: Water EDUs: Total Water Impact Fee:
Total Planned Water Improvements - Cost Estimate:
Main Extension Required: No
Water service is available through SAWS Counter Service Permit: Yes
Remarks: Water and Sewer served by Alamo Heights
Total Improvements: Total Impact Fees:
cc: COSA Development Services
Consultant/Engineer
RELEASE FOR RECORDATION
TO:
Development Engineering Services
Bryan Ramos-Salazar
Attachment A
14. 1
Lety Hernandez
Subject: Planning/Zoning Case 428
From: Tim Clyne
Sent: Thursday, October 20, 2022 3:44 PM
To: Lety Hernandez <lhernandez@alamoheightstx.gov>
Subject: Planning/Zoning Case 428
Hello Lety,
I would like to submit commentary for Case 428 for the Nov 7 meeting.
I support the project overall. I would like to reiterate my comments below
about the parking in front of Rise Up/Jiu Jitsu building. This is a good
opportunity to improve safety. In the proposed plan, there are 3 ADA parking
spots noted. I request all the perpendicular spots to Broadway are removed and
replaced with parallel parking spots. I understand this would reduce the
overall parking spots that would need to be addressed elsewhere if the minimum
parking requires it. Along the west side of the property, it looks like a
couple substantial trees will be removed for parking. That's unfortunate, but
I request as many new trees as possible are planted closer to the fence
bordering the house on College. I also would like to hear the developer
address if they will keep the existing fence boarding the west property line.
Thanks
Tim
On Friday, September 30, 2022 at 12:55:56 PM CDT, Tim Clyne <> wrote:
Hello Lety,
I'd like to provide citizen (and close neighbor) input to this proposal for the
Oct 18 meeting.
I live at 118 Inslee - 2 houses from Broadway. I reviewed the project plan
posted online and have no issues with the building proposal. I would like to
suggest parking changes for the existing spots in front of the existing south
building (Rise Up and ATOS Jiu Jitsu). The current parking is perpendicular to
Broadway and causes dangerous situations. The parked vehicles block
visibility for drivers at the Broadway/Inslee stop sign. For those parked in
the spots, backing out directly onto Broadway has blind spots and can be
dangerous. I suggest all those spots get removed and additional landscaping
can replace for beautification. If there aren't other appropriate ADA spots
available for the property, then I suggest only the 3 ADA spots remain in front
of the building but they are changed to parallel direction. I plan to attend
the meeting in person and provide similar feedback - but I wanted you to know
this feedback in case I cannot attend.
Can you also let me know if you've heard any recent information from the owner
of the empty lot across the street about future desires/plans?
Attachment B
15. 2
Thanks
Tim Clyne
118 Inslee Ave
Please be cautious
**This email is not from your organization, please verify the Sender's Name matches the From Email Address!**
Attachment B