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File #: 13-1041   
Type: Zoning Case
In control: City Council A Session
On agenda: 12/5/2013
Posting Language: ZONING CASE # Z2013219 (District 5): An Ordinance amending the Zoning District Boundary from "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District to "RM-4 IDZ AHOD" Residential Mixed Infill Development Zone Airport Hazard Overlay District on the east 50 feet of the west 250 feet of Lot 6 or Lot A-10, NCB A-16 located at 222 Clay Street. Staff recommends approval. Zoning Commission recommends denial.
Attachments: 1. Z2013-219, 2. Z2013219
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 5
 
SUBJECT:
Zoning Case Z2013219
 
SUMMARY:
Current Zoning: "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District
 
Requested Zoning: "RM-4 IDZ AHOD" Residential Mixed Infill Development Zone Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: November 5, 2013
 
Case Manager: Pedro Vega, Planner
Property Owner: Candid Rogers
Applicant: Candid Rogers
Representative: Candid Rogers
Location: 222 Clay Street
 
Legal Description: The east 50 feet of the west 250 feet of Lot 6 or Lot A-10, NCB A-16
Total Acreage: 0.1653   
 
Notices Mailed
Owners of Property within 200 feet: 22
Neighborhood Associations: Lone Star Neighborhood Association
Planning Team Members: Lone Star Community Plan
Applicable Agencies: None
 
Property Details
Property History: The subject property is located within the city limits as established 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 City-initiated large-area case, the lot was rezoned to the current "R-6" Residential Single-Family District.  The lot is undeveloped and is not platted in its current configuration.        
 
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  
Current Base Zoning: "NC IDZ", "C-2P", "R-3" and "IDZ"
Current Land Uses:  Offices, Parking, Food Processing and Distribution, Undeveloped Land and Single-Family Dwellings
 
Direction: East, South and West
Current Base Zoning: "R-6", "RM-6" and "I-2"
Current Land Uses: Single-Family Dwellings, Duplex, Alley, and Undeveloped Land
 
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; one lane in each direction without sidewalks
Proposed Changes: None known  
 
Public Transit: VIA bus lines 43, 44, 51, 54 and 243 operate along South Flores Street, east of the subject property; and VIA bus lines 46 and 246 operate along Probandt Street, west of the subject property.  
 
Traffic Impact:  A Traffic Impact Analysis (TIA) is not required. Infill Development Zone (IDZ) requests are exempt from the TIA requirement.        
 
Parking Information: Off-street vehicle parking requirements for residential uses are determined by the number of dwelling units:
 
Four-family dwellings - Minimum requirement: 1.5 spaces per unit; Maximum allowance: 2 paces per unit. "IDZ" Infill Development Zone waives off-street parking requirements.                    
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current residential zoning.
 
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 recommends approval. Zoning Commission (9-0) 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 Lone Star Community Plan and is designated as Medium Density Residential in the future land use component of the plan. The requested "RM-4" base zoning district is consistent with the adopted land use designation.
 
Medium Density Residential includes a duplexes, triplexes, fourplexes, and low-rise apartments. Cottage homes and small lot single-family houses are also appropriate within this land use category. This form of development should be located along collectors or residential roads and should promote walk-ability.
 
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. Rezoning this property to "RM-4 IDZ" will encourage and promote the revitalization goals of the Future Land Use Plan.
 
3.  Suitability as Presently Zoned:
Both the existing "R-6" Residential Single-Family District and requested "RM-4 IDZ " Residential Mixed Infill Development Zone District are appropriate and consistent with the adopted land use plan.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare. The requested zoning would preserve the existing character of the area and promote redevelopment of an underutilized lot.          
 
5.  Public Policy:  
The Lone Star Community Plan was adopted in March of 2013. The rezoning request meets Land Use Goal 6 in the plan: Establish policies that provide for a range of housing types that are affordable to people at most income levels. Rezone to provide for a range of housing types including single-family detached, townhouses, senior housing, live/work units and apartments. Maintain the distinctive character of the neighborhoods housing. Build upon the diversity of old and new existing housing that includes single-family as well as multi-family (condos, townhomes, duplexes and small apartments).
 
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 is 0.1653 of an acre and appears to be of sufficient size to accommodate the proposed development.  Although the "IDZ" district waives off-street parking requirements, staff encourages parking be provided on the property as to reduce on-street parking in the area.
 
7.  Other Factors:
The "IDZ" zoning district is meant to provide flexible standards for the development and reuse of underutilized parcels.  This area is in the process of revitalization and rezoning this property to "IDZ" will encourage and promote the revitalization goals the Future Land Use Plan.