The San Antonio City Council has voted to restrict ambulatory surgical centers from setting up-in certain areas zoned as neighborhood-commercial, without its future approval in a case by case basis. The decision came in the form of an amendment from District 10 Councilman Mike Gallagher on a routine update of zoning code.
The zoning update is regularly voted on every five years. Necessary updates are added and obsolete ones are removed. In this instance, there was an update to areas designated C-1 or NC to clarify and add wording that ambulatory surgical centers would be allowed in these zones. Under the previous code, ASC’s were allowed in these areas but the wording didn’t make that clear. The two affected zoning codes are reserved for low trafficked business areas like shopping centers and offices near neighborhoods. These also include some small medical facilities. Gallagher’s amendment require ACS’s in these zones first get approval from the zoning commission and then City Council. This does not affect ASC operations in other zoned areas.
After two hours of citizen testimony from mostly opponents of Planned Parenthood, the council voted in favor of the amendment in 7-4 split. Dissenting were Trevino, Nirenberg, Saldana, and Gonzales.
Development Services Director Rod Sanchez says now there will be extra steps for medical facilities designated as ambulatory surgical centers like eye centers, certain dental operations, Planned Parenthood and some pediatricians to set-up in areas near neighborhoods. “What [the council] could do is they could regulate hours of operation, they could regulate lighting, sound, parking, access,” he said. “So they’ll have the ability to place conditions with the zoning case on that property if its located in one of those two zoning districts.”
Part of the process would include sending notices to nearby residences of the business's intent to open.
Patrick Van Dolen, chairman of the San Antonio Family Association says although it’s not what the organization desired; the amendment was the better choice. “Ideally, you would have an ambulatory surgical center stand on its own with its own definition and because its unique use compared to medical clinics and it's still unique from hospitals in the sense that there's no overnight stays," he said.
In 2013, the Texas legislature required facilities that provide abortions to be classified as ambulatory surgical centers. The zoning code change does not affect already established facilities.
