DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 10
SUBJECT:
Zoning Case Z2014064 CD
SUMMARY:
Current Zoning: "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District
Requested Zoning: "R-6 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for a Parking Lot - Noncommercial
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: March 4, 2014
Case Manager: Osniel Leon, Planner
Property Owner: The Benjamin Pena, Jr. Living Trust (by Benjamin Pena, Jr., Owner)
Applicant: Benjamin Pena, Jr.
Representative: Nancy G. Pena
Location: 106 Goforth Drive
Legal Description: Lot 15, Block 1, NCB 14947
Total Acreage: 0.2462
Notices Mailed
Owners of Property within 200 feet: 23
Neighborhood Associations: None (within 200 feet)
Planning Team Members: None
Applicable Agencies: None
Property Details
Property History: The subject property is undeveloped. The property was annexed in 1971 and was originally zoned "Temporary R-1" One Family Residence District. In a 1988 City-initiated large-area case, the property was rezoned to "R-1" One Family Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "R-6" Residential Single-Family District. The subject property was platted into its current configuration in 1948 (Volume 2575, Page 77 in the Deed and Plat Records of Bexar County, Texas).
Topography: The property does not include any abnormal physical features such as slope or inclusion in a flood plain.
Adjacent Zoning and Land Uses
Direction: North, East and West
Current Base Zoning: "R-6"
Current Land Uses: Single-family residences, church, restaurant
Direction: South and Southwest
Current Base Zoning: "C-3", "R-6"
Current Land Uses: Restaurant, parking lot, duplex
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: Goforth Drive
Existing Character: Local Street, one way in each direction with no sidewalks
Proposed Changes: None known
Thoroughfare: North Weidner Road
Existing Character: Local Street, one way in each direction with sidewalks
Proposed Changes: None known
Public Transit: The nearest VIA bus line is the number 21 line that operates along Randolph Boulevard.
Traffic Impact: A Traffic Impact Analysis is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: As shown on the Conditional Use site plan, the applicant proposes approximately nine (9) parking spaces on the subject property.
ISSUE:
None.
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the existing residential 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 (9-0) recommend approval, with conditions.
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The property is not located within any neighborhood or future land use plan. The requested "R-6" base zoning district is generally consistent with the surrounding land uses.
2. Adverse Impacts on Neighboring Lands:
Staff finds the requested "R-6 CD" to be appropriate given that the subject property will continue to permit residential development. The Conditional Use will only permit the single additional use of a Non-Commercial Parking Lot. The application of a conditional use provides an opportunity to limit the impact of the proposed use on surrounding properties.
The proposed parking lot is meant to accommodate the parking needs of employees and customers of the adjacent restaurant. Providing additional parking for the existing facility may lessen the effect of over-flow, on-street parking.
3. Suitability as Presently Zoned:
Both the existing and requested zoning districts are appropriate for the subject property. Staff finds the conditional use to be compatible with the surrounding land uses and overall character of the community.
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 property is located within the Inner City Reinvestment Policy (ICRIP) area. The purpose of the ICRIP is to promote growth and development in the inner city, specifically in areas that are currently served by public infrastructure and transit, but underserved by residential and commercial real estate markets.
6. Size of Tract:
The subject property is 0.246 acres, which should be able to reasonably accommodate the proposed use illustrated on the attached site plan.
7. Other Factors:
According to Section 35-422(e)(3), the following conditions apply to the operation of nonresidential conditional uses permitted within any residential district, unless otherwise approved by the City Council:
A. There shall be no exterior display or sign with the exception that a nameplate, not exceeding three (3) square feet in area, may be permitted when attached to the front of the main structure.
B. No construction features shall be permitted which would place the structure out of character with the surrounding residential neighborhood.
C. Hours of operation shall not be permitted before 7:00 a.m. or after 6:00 p.m.
Staff recommends the following conditions in lieu of Section 35-422(e)(3):
1. All on-site lighting shall be directed onto the site and point away from any residential zoning or uses;
2. No advertising signs shall be permitted on the parking lot other than signs indicating the owner or lessee of the lot and to provide parking instructions; and
3. Hours of operation for the noncommercial parking lot shall be limited to the hours of operation of the facility served.