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File #: 13-1249   
Type: Zoning Case
In control: City Council A Session
On agenda: 1/16/2014
Posting Language: ZONING CASE # Z2014028 (District 10): An Ordinance amending the Zoning District Boundary from "O-2 AHOD" High-Rise Office Airport Hazard Overlay District and "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District to "RM-6 AHOD" Residential Mixed Airport Hazard Overlay District on Lot 21, Block 13, NCB 12639 located at 2832 Nacogdoches Road. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-028, 2. Z2014028, 3. Draft Ordinance, 4. Ordinance 2014-01-16-0044
DEPARTMENT: Development Services       
 
DEPARTMENT HEAD: Roderick Sanchez      
      
COUNCIL DISTRICTS IMPACTED: Council District 10
 
SUBJECT:
Zoning Case Z2014028
 
SUMMARY:
Current Zoning: "O-2 AHOD" High-Rise Office Airport Hazard Overlay District and "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District
 
Requested Zoning: "RM-6 AHOD" Residential Mixed Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Meeting Date: December 3, 2013
 
Case Manager: Brenda V. Martinez, Planner
 
Property Owner: Ray Garza and Laura Salinas
 
Applicant: Ray Garza
 
Representative: Ray Garza
 
Location: 2832 Nacogdoches Road
 
Legal Description: Lot 21, Block 13, NCB 12639
 
Total Acreage: 0.882
 
Notices Mailed
Owners of Property within 200 feet:  17
Registered Neighborhood Associations within 200 feet: MacArthur Park Neighborhood Association
Planning Team: San Antonio International Airport Vicinity Land Use Plan (No Planning Team)
Applicable Agencies: City of San Antonio Aviation Department
 
Property Details
Property History: The property was annexed in 1952 and was originally zoned "R-1" Single Family Residence District.  In a 1990 case, a portion of the subject property was rezoned to "O-1" Office District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to the current "R-6" Residential Single-Family District and "O-2" High-Rise Office District, respectively.  The subject site is currently developed with a residential structure measuring 1,288 square feet.  
 
According to the Bexar County Appraisal District, the structure was built in 1949.  The applicant has indicated that the purpose of the rezoning request is to utilize the existing property as a single-family residence with an accessory dwelling.
 
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-4" and "R-6"
Current Land Uses: Single-Family Residence and a Church/School
 
Direction: East   
Current Base Zoning: "R-6"  
Current Land Uses: Single-Family Residences
 
Direction: South  
Current Base Zoning: "NP-8"  
Current Land Uses: Single-Family Residences
 
Direction: West  
Current Base Zoning: "O-2" and "R-6"  
Current Land Uses: Offices  
 
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: Nacogdoches Road  
Existing Character: Secondary Arterial Type A Street; 2 lanes in each direction with sidewalks
Proposed Changes: None known.
 
Public Transit: The nearest VIA bus line is the 10 line, which operates along Nacogdoches Road with multiple stops near the subject property.  
 
Traffic Impact: A Traffic Impact Analysis is not required.  The traffic generated by the proposed development does not exceed the threshold requirements.
 
Parking Information:  Dwelling - 1 Family - Minimum Parking Requirement: 1 space per unit. Maximum Parking Requirement: N/A.       
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of this zoning request would result in the subject property retaining the current zoning classifications.
 
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 located within the San Antonio International Airport Vicinity Land Use Plan and is identified as Mixed Use in the future land use component of the plan.  The "RM-6" zoning district is consistent with the adopted land use designation.
 
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 majority of surrounding properties, save those to the west, are zoned for residential uses.  
 
3.  Suitability as Presently Zoned:  
The existing "O-2" zoning is not appropriate for the subject property or the surrounding neighborhood.  The high-rise office zoning was established by the zoning district conversion that accompanied the adoption of the 2001 Unified Development Code, which resulted in overly intense zoning located near a residential neighborhood. Current zoning practices would not place intense high-rise office zoning in or near established residential neighborhoods.  
 
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 existing "O-2" and "R-6" zoning districts are not consistent with the adopted "Mixed Use" land use designation.   
 
6.  Size of Tract:  
The subject property measures 0.882 acres and appears to be of sufficient size to accommodate the proposed use and required parking.
 
7.  Other Factors:  
This property is located within the San Antonio International Airport Awareness Zone; therefore, the zoning request was reviewed by the City's Aviation Department.  The Aviation Department does not object to the rezoning request; however, mitigation efforts for new construction should be considered to reduce noise levels due to the location of the property near the San Antonio International Airport.
 
Down-zoning of the subject property could impose buffer requirements on new development of the abutting "O-2" property; however, the abutting property is fully developed.  Existing properties are not required to conform to the buffer regulations unless new construction occurs.