DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT:
Zoning Case Z-2020-10700017 CD
SUMMARY:
Current Zoning: "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District
Requested Zoning: "R-4 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for four (4) dwelling units
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: March 3, 2020
Case Manager: Michael Pepe, Planner
Property Owner: John Cortez
Applicant: Robert Delgado
Location: 126 Lemur Drive
Legal Description: Lot 23, Block 3, NCB 10184
Total Acreage: 0.1680
Notices Mailed
Owners of Property within 200 feet: 35
Registered Neighborhood Associations within 200 feet: Greater Dellview Neighborhood Association
Applicable Agencies: None
Property Details
Property History: The property was annexed into the City of San Antonio by Ordinance 18115 dated September 25, 1952 and was assigned zoning of “B” Residence District per Ordinance 25046 dated May 23, 1957. The subject property converted from “B” to “R-4” Residential Single-Family District with the adoption of the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001.
Topography: The property does not include any abnormal physical features such as slope or incursion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: “R-4”
Current Land Uses: Single-Family Residences
Direction: East
Current Base Zoning: “R-4”
Current Land Uses: Single-Family Residences
Direction: South
Current Base Zoning: “R-4”
Current Land Uses: Single-Family Residences
Direction: West
Current Base Zoning: “R-4”
Current Land Uses: Single-Family Residences
Overlay and Special District Information:
"AHOD"
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: Lemur
Existing Character: Local
Proposed Changes: None
Public Transit: VIA bus routes are within walking distance of the subject property.
Routes Serviced: 96, 296
Traffic Impact: A Traffic Impact Analysis (TIA) analysis is not required.
Parking Information: The parking requirement for a single family dwelling is 1 space per unit.
ISSUE:
None.
ALTERNATIVES:
Current: The present zoning district designation of “R-4” Residential Single-Family are designed to provide areas for medium- to high-density, single-family residential uses where adequate public facilities and services exist with capacity to serve development. This district is composed mainly of areas containing single-family dwellings and open area where similar residential development seems likely to occur. Residential single-family provides minimum lot size and density requirements in order to preserve neighborhood character. The current zoning allows a new duplex having been converted from a former “B” District.”
Proposed: The proposed zoning district designation of “R-4 CD” Residential Single-Family are designed to provide areas for medium- to high-density, single-family residential uses where adequate public facilities and services exist with capacity to serve development. This district is composed mainly of areas containing single-family dwellings and open area where similar residential development seems likely to occur. Residential single-family provides minimum lot size and density requirements in order to preserve neighborhood character.
The Conditional Use would allow four (4) units as described in the site plan.
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not part of a Regional Center and but it is within a premium transit corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff recommends Denial.
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The subject property is located within the Greater Dellview Community Plan and is currently designated as “Low Density Residential” in the future land use component of the plan. The requested “R-4” base zoning district is consistent with the future land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff does find evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The requested zoning change would allow a density not yet established near the dead end of an existing single-family block.
3. Suitability as Presently Zoned:
The current “R-4” Residential District is an appropriate zoning for the property and surrounding area. The surrounding properties are all currently zoned “R-4.” Having been converted from “B” Residence District the area already allows some flexibility in terms of density as these “R-4” lots allow attached duplexes. The proposed request for a Conditional Use for four (4) units is inconsistent with the existing and potential density of the block. The property could benefit from the zoning conversion, allow a duplex and if the property is owner occupied an accessory dwelling unit would be permitted as well. This is a potential for three (3) dwellings by right with proper permitting.
4. Health, Safety and Welfare:
Staff has found indication of likely adverse effects on the public health, safety, or welfare. Due to the dead end nature of Lemur Drive at this site, increased density at the end of this single ingress block could present potential congestion, parking and traffic concerns.
5. Public Policy:
The proposed rezoning appears to conflict with the following goals, principles, and objectives of the Greater Dellview Community Plan:
Objective 5.2: Housing Design Standards and Certainty
Promote best urban planning and design practices and ensure that housing upgrades and new developments are consistent with the characteristics of existing valued development
6. Size of Tract:
The subject property is 0.1650 acres, which could reasonably accommodate the proposed residential uses.
7. Other Factors:
The Conditional Use zoning procedure is designed to provide for a land use that is not permitted by the established zoning district, but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.
The applicant seeks to rezone for four (4) detached dwelling units.