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File #: 14-1615   
Type: Zoning Case
In control: City Council A Session
On agenda: 8/21/2014
Posting Language: ZONING CASE # Z2014190 (District 1): An Ordinance amending the Zoning District Boundary from "R-6 NCD-2 AHOD" Residential Single-Family Alta Vista Neighborhood Conservation Airport Hazard Overlay District to "RM-5 NCD-2 AHOD" Residential Mixed Alta Vista Neighborhood Conservation Airport Hazard Overlay District on Lots 13, 14 and the west 10 feet of Lot 15, Block 3, NCB 6425 located at 415 West Elsmere Place. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-190, 2. Z2014190, 3. Ordinance 2014-08-21-0619
DEPARTMENT: Development Services       
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 1
 
SUBJECT:
Zoning Case Z2014190
 
SUMMARY:
Current Zoning:  "R-6 NCD-2 AHOD" Residential Single-Family Alta Vista Neighborhood Conservation Airport Hazard Overlay District
 
Requested Zoning:  "RM-5 NCD-2 AHOD" Residential Mixed Alta Vista Neighborhood Conservation Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: July 15, 2014
 
Case Manager: Brenda V. Martinez, Planner
 
Property Owner: The Margaret A. Mead Trust (by Margaret A. Mead, Trustee)
 
Applicant: M. Armando Valdez c/o RC Management, Inc.
 
Representative: M. Armando Valdez c/o RC Management, Inc.
 
Location: 415 West Elsmere Place
 
Legal Description: Lots 13, 14 and the west 10 feet of Lot 15, Block 3, NCB 6425
 
Total Acreage: 0.1694
                  
Notices Mailed
Owners of Property within 200 feet:  33
Registered Neighborhood Associations within 200 feet:  Alta Vista Neighborhood Association; the Monte Vista Historical Association is located within 200 feet.
Planning Team:  Midtown Neighborhoods Plan - 30
Applicable Agencies:  None
Property Details
Property History:  The property is located within the City Limits as they were recognized in 1938, and was originally zoned under the 1938 zoning code.  In a 1997 large-area case, the property was rezoned to "R-1" Single 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 is currently developed with two residential structures.  The principal multi-unit structure measures 2,418 square feet and was built in 1925.  A detached accessory structure measuring 378 square feet was subsequently added to the site.  
 
The purpose of the rezoning request is to bring the existing legal nonconforming duplex into compliance, and to add a separate electrical meter to the detached accessory dwelling unit.
 
Topography:  The 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: "RM-4" and "MF-33"
Current Land Uses:  Apartments, Three-Family Dwellings, Two-Family Dwellings and a Single-Family Residence
 
Direction: South
Current Base Zoning: "R-6" and "MF-33"   
Current Land Uses: Single-Family Residences, Apartments and a Two-Family Dwelling  
 
Direction: East and West
Current Base Zoning: "MF-33" and "R-6"
Current Land Uses: Single-Family Residence, Apartments and a Four-Family Dwelling
 
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.
 
The Alta Vista Neighborhood Conservation District (NCD-2) is an overlay zoning district that contains design guidelines for rehabilitation of existing residential and commercial development. Property owners, together with the Department of Planning and Community Development staff, develop the design guidelines. These guidelines can address building materials, height, size, massing, signage, sidewalk location, etc.  A zoning review is performed by the Zoning Section of the Development Services Department.
 
Transportation
Thoroughfare: West Elsmere Place  
Existing Character: Local Street; 1 lane in each direction   
Proposed Changes: None known   
 
Thoroughfare: San Pedro Avenue   
Existing Character: Primary Arterial Type B Street; 2 lanes in each direction   
Proposed Changes: None known
 
Public Transit: The nearest VIA bus lines are the 4 and 204 lines which operate along San Pedro Avenue, with multiple stops near the subject property.
 
Traffic Impact: A Traffic Impact Analysis (TIA) is not required.  The traffic generated by the proposed development does not exceed the threshold requirements.
 
Parking Information: Parking requirements for residential uses are determined by the total number of dwelling units.
 
Three-Family Dwellings - Minimum Parking Requirement: 1.5 spaces per unit.  Maximum Parking Requirement: 2 spaces per unit.            
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current "R-6" base zoning district.      
 
FISCAL IMPACT:
None.  The applicant has paid the required zoning fees.
 
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 Midtown Neighborhoods Plan area, and is identified as Medium Density Residential in the future land use component of the Plan.  The requested "RM-5" base zoning district is consistent with the adopted land use designation.
 
According to the Midtown Neighborhoods Plan, the medium density residential land use classification includes three and four unit dwellings and townhomes.   
 
2.  Adverse Impacts on Neighboring Lands:  
The subject property is located in a primarily residential area with an established mix of residential densities. Many surrounding properties are existing multi-family dwellings that were built prior to the adoption of the current zoning regulations. Furthermore, there are several existing apartments along West Elsmere Place on the same block as the subject property. Based on the existing conditions and uses in the area, the requested "RM-5" district is not likely to have any adverse impact on the neighboring lands.
 
3.  Suitability as Presently Zoned:  
Both the current and requested zoning districts are appropriate for the area. The proposed use will be compatible with the surrounding land uses and overall character of the community.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of a likely negative influence on public health, safety or welfare in relation to this zoning change request.  
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.  
 
6.  Size of Tract:  
The subject property is 0.1694 acres, which meets the minimum lot size for the "RM-5" district.  
 
7.  Other Factors:  
The "RM-5" district allows a maximum of three dwelling units on a single lot.  The subject property is currently developed with three dwelling units.  Staff is supportive of rezoning the property to a zoning district that accommodates the existing use.