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File #: 15-1368   
Type: Zoning Case
In control: City Council A Session
On agenda: 2/19/2015
Posting Language: ZONING CASE # Z2015039 (District 5): An Ordinance amending the Zoning District Boundary from "RM-6 AHOD" Residential Mixed Airport Hazard Overlay District and "MF-25 IDZ AHOD" Low Density Multi-Family Infill Development Zone Airport Hazard Overlay District to "MF-18 IDZ AHOD" Limited Density Multi-Family Infill Development Zone Airport Hazard Overlay District on 0.438 acres out of NCB 15, NCB 16, NCB A-15, NCB A-16 and NCB 6302, located on 326 Clay Street and a portion of 332 Clay Street. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2015-039 Location Map, 2. Z2015039 Zoning Commission Minutes, 3. DRAFT ORDINANCE, 4. Ordinance 2015-02-19-0133
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 5
 
SUBJECT:
Zoning Case Z2015039
 
SUMMARY:
Current Zoning:  "RM-6 AHOD" Residential Mixed Airport Hazard Overlay District and "MF-25 IDZ AHOD" Low Density Multi-Family Infill Development Zone Airport Hazard Overlay District
 
Requested Zoning:  "MF-18 IDZ AHOD" Limited Density Multi-Family Infill Development Zone Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  January 20, 2015 (This is the second public hearing for this zoning case.  The rezoning request was continued from the December 16, 2014 Zoning Commission public hearing.)
 
Case Manager:  Brenda V. Martinez, Planner
 
Property Owner:  R3 Developments, LLC (David Robertson, Member)
 
Applicant:  R3 Developments, LLC (David Robertson, Member)
 
Representative:  Danae R. Falvo
 
Location:  326 Clay Street and a portion of 332 Clay Street
 
Legal Description:  0.438 acres out of NCB 15, NCB 16, NCB A-15, NCB A-16 and NCB 6302
 
Total Acreage:  0.438
 
Notices Mailed
Owners of Property within 200 feet:  35
Registered Neighborhood Associations within 200 feet:  Lone Star Neighborhood Association
Planning Team:  Lone Star Community Plan - (No Planning Team)
Applicable Agencies:  None
Property Details
Property History:  The subject property is located within the City Limits as they were recognized in 1938, and was originally zoned "L" First Manufacturing District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to "I-2" Heavy Industrial District.  In a 2006 large-area case, the property was rezoned to "RM-6" Residential Mixed District and "MF-25 IDZ" Low Density Multi-Family Infill Development Zone.  The site is currently developed with three residential structures.  Each of the residential structures measure 1,399 square feet, 1,158 square feet and 575 square feet.  The structures were built in 1928 and 1942.   
 
The property owner is proposing to construct a multi-family development which will consist of 5 dwelling units.        
 
Topography:  The subject property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
 
Adjacent Base Zoning and Land Uses
Direction:  North
Current Base Zoning:  "R-4", "RM-4" and "IDZ"
Current Land Uses:  Single-Family Residences, Parking Lot and Townhomes
 
Direction:  South
Current Base Zoning: "R-6" and "I-2"
Current Land Uses:  Vacant land and Single-Family Residences
 
Direction:  East
Current Base Zoning: "MF-25 IDZ"
Current Land Uses:  Vacant land
 
Direction:  West  
Current Base Zoning: "R-6"
Current Land Uses:  Single-Family Residences
 
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:  Clay Street
Existing Character:  Local Street; 1 lane in each direction without sidewalks
Proposed Changes:  None known.
 
Public Transit:  The nearest VIA bus lines are the number 46 and 246 lines, which operate along East Cevallos Street and Probandt Street.  
Traffic Impact:  "IDZ" zoning is exempt from TIA requirements.
Parking Information:  Off-street vehicle parking requirements for multi-family residential uses are determined by the total number of dwelling units. Minimum Requirement: 1.5 spaces per unit. Maximum Requirement: 2 spaces per unit.
 
The "IDZ" Infill Development Zone District eliminates off-street vehicle parking requirements.
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current zoning classifications, restricting future land uses to those permissible in the "RM-6" and "MF-25" zoning districts.
 
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.    
 
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 Lone Star Community Plan and is currently designated as "Medium Density Residential" in the Future Land Use Plan.  The requested "MF-18" base zoning district is consistent with the adopted future land use designation.
 
According to the Lone Star Community Plan, the medium density residential land use classification includes duplexes, triplexes, fourplexes and low-rise apartments.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff has found no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.  The "IDZ" zoning district is meant to provide flexible standards for the development and reuse of underutilized parcels.  Further, the "IDZ" district includes design criteria intended to create infill development that is proportional to surrounding development.
 
3.  Suitability as Presently Zoned:  
Both the existing and requested zoning are appropriate for the subject property.  Staff believes the proposed use will be compatible with the surrounding land uses and overall character of the area.
 
4.  Health, Safety and Welfare:  
Staff has found no evidence of likely negative impacts on public health, safety or welfare related to the zoning request. The "IDZ" district is meant to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings or structures, within existing built-up areas.  
 
5.  Public Policy:  
The subject property and the proposed development meet the criteria of the Inner City Reinvestment Infill Policy (ICRIP). This policy provides development fee waivers to applicants and grant funded reimbursement for city departments, in an effort to encourage redevelopment of under-utilized urban properties.
 
6.  Size of Tract:  
The subject property measures 0.438 acres.  Should the requested rezoning be approved, the subject property could accommodate a multi-family development with up to approximately 7 dwelling units.  The applicant is proposing to construct 5 dwelling units on the site.
 
7.  Other Factors:  
None.