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Zoning commission approves liquor-store zoning at 1246 South General McMullen over staff objection
Summary
The commission approved rezoning at 1246 South General McMullen to allow a liquor store despite staff recommending denial because the change would introduce alcohol sales near single-family homes and reverse a 2023 corridor rezoning that restricted alcohol sales.
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The City of San Antonio Zoning Commission voted to approve a rezoning request for 1246 South General McMullen that would permit a liquor store, a decision that passed despite staff recommendation to deny.
The applicant, Amin Jovani, told commissioners he has owned the property for about 15 years and operates other liquor stores. He said the site has been vacant since the COVID-19 pandemic and he wants to open a liquor store to occupy the property. “I have other three locations, and that location in that area, there’s no liquor store,” Jovani said.
Staff recommended denial, saying the existing C-2 NA (commercial nonalcoholic sales) zoning had been applied along the General McMullen corridor in a 2023 rezoning to prohibit alcohol sales near single-family homes and that a change to C-2 would reintroduce alcohol sales near established residences. Westwood Square Neighborhood Association president Velma Pena left a voicemail opposing the liquor-store proposal and said the property falls within 300 feet of Temple of Pentecostal church; Hortense Espinosa, a resident who lives about two minutes from the site, spoke in opposition at the hearing, citing local crime concerns.
Commissioners discussed the Texas statutory measurement method and the Texas Alcoholic Beverage Commission guidance that distances to churches are measured “door to door” along street-front property lines and across intersections where appropriate. Staff said their quick measurement was about 375 feet from the proposed store’s front door to the church’s front door, which would be outside the 300-foot separation in state guidance. The city attorney’s representative explained that if TABC later determines the location is within 300 feet, the applicant would need a letter from the church consenting to nearby alcohol sales.
During the hearing commissioners noted petitions and signatures submitted in support of the request, and Chair John Bustamante said he and the applicant walked the neighborhood with association leaders. After discussion he moved to approve the rezoning; Commissioner Taylor Watson seconded. The motion passed on roll call with recorded yes votes from Chair John Bustamante, Commissioner Taylor Watson, Commissioner Daniel Kellum, Commissioner Eddie Reyes, Commissioner Huey, Commissioner Oswald Ortiz, Commissioner John Whitsett and Commissioner Janelle Chase.
In discussion the applicant said he operates an existing convenience store that sells beer and wine and other locations where he has no history of TABC complaints. He said proposed hours would be 10 a.m. to 9 p.m. six days a week and that he would follow TABC rules. The chair asked the applicant to reach out to resident Hortense Espinosa and to attempt to contact the pastor of the Pentecostal church and share contact information if given permission.
Staff’s recommendation of denial will be included in the record forwarded to City Council, but the commission’s recommendation in favor of rezoning will now be transmitted to council for final action.
