DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: 3
SUBJECT:
Zoning Case Z2014067
SUMMARY:
Current Zoning: "R-5" Residential Single-Family District and "C-3R" General Commercial Restrictive Alcoholic Sales District
Requested Zoning: "RM-5" Residential Mixed District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: February 4, 2014
Case Manager: Tony Felts, Planner
Property Owner: Margarita Gomez-Jimenez & German Jimenez
Applicant: Margarita Gomez-Jimenez
Representative: Margarita Gomez-Jimenez
Location: 4714 East Southcross Boulevard
Legal Description: Parcel 9A and Parcel 10, NCB 10846
Total Acreage: 0.595
Notices Mailed
Owners of Property within 200 feet: 19
Registered Neighborhood Associations within 200 feet: Pecan Valley Neighborhood Association; the Lower Southeast Side Neighborhood Association is located within 200 feet.
Planning Team: None
Applicable Agencies: None
Property Details
Property History: The subject property was annexed in 1957 and was originally zoned "A" Single Family Residence District. In a 1982 case, a portion of the property was rezoned to "B-3R" Restrictive Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to the current "R-5" Residential Single-Family District and "C-3R" General Commercial Restrictive Alcoholic Sales District, respectively. The property is not platted. The property is developed with three residential structures that were built between 1948 and 1950.
The purpose of the rezoning request is to bring the existing three dwelling units into compliance.
Topography: The property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
Adjacent Zoning and Land Uses
Direction: North
Current Base Zoning: "R-5"
Current Land Uses: Vacant Property, Single-Family Residence
Direction: West
Current Base Zoning: "R-5", "C-3", "I-1"
Current Land Uses: Single-Family Residence, Medical Offices
Direction: South
Current Base Zoning: "I-1"
Current Land Uses: Vacant Property
Direction: East
Current Base Zoning: "R-5"
Current Land Uses: Single-Family Residences
Overlay and Special District Information: None.
Transportation
Thoroughfare: East Southcross Boulevard
Existing Character: Secondary Arterial Type A; two lanes in each direction, with sidewalks and bicycle lanes
Proposed Changes: None known
Public Transit: The nearest VIA bus line is the 515, which operates along East Southcross Boulevard in the vicinity of 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: Off-street vehicle parking requirements for residential uses are typically determined by number of dwelling units. The zoning application refers to three existing dwelling units. Off-street vehicle parking requirements for a triplex are a minimum of 1.5 spaces per unit, and a maximum of 2 spaces per unit.
ISSUE:
None.
ALTERNATIVES:
A denial of the request will result in the subject property retaining the existing "R-5" Residential Single-Family District and "C-3R" General Commercial Restrictive Alcoholic Sales District base zoning districts, and development of the proposed triplex would be prohibited.
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
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 subject property is not located within an adopted future land use plan. The immediate vicinity consists of a mix of various uses and zoning districts, including single-family residential, commercial, and industrial.
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.
3. Suitability as Presently Zoned:
Both the current and requested zoning districts are appropriate for the subject property and surrounding properties.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety or welfare. No new construction is proposed.
5. Public Policy:
The request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is 0.595 acres in size, which should reasonably accommodate the uses permitted in the "RM-5" zoning district and required parking.
7. Other Factors:
The north side of East Southcross Boulevard is within the Eastern Triangle Community Plan, and is designated as Regional Commercial in the future land use component of the plan, indicating that the area is in transition to more intense land uses. As such, the mixed residential zoning district is appropriate for the subject property.
The buildings are currently occupied as separate units with the same electrical meter, and there is not enough evidence available to be able to classify the units as legally non-conforming. A staff visit indicates that electrical work has been done to prepare each unit to have a separate electrical meter, but the work has not been completed because of the current zoning issues.