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File #: 13-1315   
Type: Zoning Case
In control: City Council A Session
On agenda: 1/16/2014
Posting Language: ZONING CASE # Z2014031 (District 5): An Ordinance amending the Zoning District Boundary from "MF-33 AHOD" Multi-Family Airport Hazard Overlay District to "C-2P AHOD" Commercial Pedestrian Airport Hazard Overlay District on Lots 1 & 2, Block 8, NCB 2414 and "O-1 AHOD" Office Airport Hazard Overlay District on Lot 1, Block 7, NCB 2415; Lot A and the west 35 feet of Lot B, Block 1, NCB 2441 located at 918, 922, 921 and 1001 El Paso Street. Staff and Zoning Commission recommend approval.
Attachments: 1. Location Map, 2. Z2014031, 3. Draft Ordinance, 4. Ordinance 2014-01-16-0040
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 5
 
SUBJECT:
Zoning Case Z2014031
 
SUMMARY:
Current Zoning: "MF-33 AHOD" Multi-Family Airport Hazard Overlay District
 
Requested Zoning: "C-2P AHOD" Commercial Pedestrian Airport Hazard Overlay District on Lots 1 & 2, Block 8, NCB 2414 and "O-1 AHOD" Office Airport Hazard Overlay District on Lot 1, Block 7, NCB 2415; Lot A and the West 35 feet of Lot B, Block 1, NCB 2441
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: December 03, 2013
 
Case Manager: Krystin Ramirez, Planner Technician
 
Property Owner: Anh Tuan Tran, Trustee of the Tran Revocable Living Trust (By Power of Attorney, Van T. Tran)
 
Applicant: Van T. Tran
 
Representative: Van T. Tran
 
Location: 918, 922, 921 and 1001 El Paso Street
 
Legal Description: Lots 1 & 2, Block 8, NCB 2414; Lot 1, Block 7, NCB 2415; Lot A and the West 35 feet of Lot B, Block 1, NCB 2441
 
Total Acreage: 0.4403
 
Notices Mailed
Owners of Property within 200 feet:  35
Registered Neighborhood Associations within 200 feet:  Avenida Guadalupe Association
Planning Team:  21 - Guadalupe/Westside Community Plan  
Applicable Agencies:  None
 
Property Details
Property History:  The subject properties are located within the city limits as established in 1938 and were originally zoned "A" Single Family Residence District and "J" Commercial District. In a 1992 case, the properties were rezoned to "R-3" Multi-Family Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "MF-33" Multi-Family District. Three of the subject properties are vacant and 921 El Paso contains a restaurant and community market, which was constructed in 1932.   
 
Topography:  The properties are located within the 100-year floodplain, as shown on the most recent DFIRM maps. Any required mitigation efforts will be determined at the plan review and permitting stage of development.
 
Adjacent Zoning and Land Uses
Direction:  All
Current Base Zoning:  "MF-33"
Current Land Uses:  Apartments, vacant lots, single-family residences and duplexes  
 
Direction:  South (along Guadalupe Street)
Current Base Zoning:  "C-3R"
Current Land Uses:  Vacant lot and gas station
 
Overlay and Special District Information:  All surrounding properties carry the "AHOD" Airport Hazard Overlay District, due to their proximity to an airport or approach path.  The "AHOD" does not restrict permitted uses, but can require additional review of construction plans by both the Development Services Department and the Federal Aviation Administration.
 
Transportation
Thoroughfare:  El Paso Street, Richter Street and Torreon
Existing Character:  Local Street; one lane in each direction with sidewalks
Proposed Changes:  None known
 
Public Transit:  VIA bus lines 68 and 268 operate along Guadalupe Street, south of the subject properties.
 
Traffic Impact:  A Traffic Impact Analysis (TIA) report is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
 
Parking Information:  Off-street vehicle parking requirements are determined by type of use and building size.  The rezoning application refers to a proposed restaurant and noncommercial parking lots.  There are no minimum parking requirements for noncommercial parking lots.
 
Food-Restaurant or cafeteria:  Minimum Parking Requirement: 1 space per 100 square foot GFA Maximum Parking Requirement: 1 space per 40 square foot GFA
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current multi-family zoning designation.
 
FISCAL IMPACT:
None.  The zoning request is eligible for the Inner City Reinvestment Infill Policy fee waiver.  The Development Services Department fees will be reimbursed through grant funding.
 
RECOMMENDATION:
Staff and Zoning Commission (8-0) recommend approval.
 
Criteria for Review:  According to Section 35-421, zoning amendments shall be based on the approval criteria below.
 
1.  Consistency:  
The properties are located within the Guadalupe/Westside Community Plan and are currently designated as Low Density Mixed Use in the future land use component of the plan. The requested "C-2P" and "O-1" base zoning districts are consistent with the adopted land use designation. Low Density Mixed Use encourages low intensity residential and commercial uses.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. Most surrounding properties are developed as multi-family uses.  The subject property has been used as a convenience store and deli for many years, serving the surrounding neighborhood.
 
3.  Suitability as Presently Zoned:  
The "MF-33" base zoning district may be appropriate for the subject property, given the surrounding pattern of zoning and development. However, the property at 921 El Paso has long been developed as a commercial use. The "C-2P" zoning district is meant to accommodate commercial uses that serve the immediate neighborhood, creating a pedestrian friendly community. The requested "O-1" districts will allow proposed parking for the business.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare.
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The subject properties total 0.4403 acres in size, which should reasonably accommodate the uses permitted in "C-2P" and "O-1".  
 
7.  Other Factors:  
None.