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File #: 19-1298   
Type: Zoning Case
In control: City Council A Session
On agenda: 1/17/2019
Posting Language: ZONING CASE # Z-2018-900031 (Council District 2): Ordinance amending the Zoning District Boundary from “RM-5 AHOD” Residential Mixed Airport Hazard Overlay District to “IDZ AHOD” Infill Development Zone Airport Hazard Overlay District with uses permitted in “C-1” Light Commercial District and Five (5) Residential Units on Lot A-3, Block 1, NCB 46, located at 1414 Austin Street. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Ordinance 2019-01-17-0063

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2018-900031

 

SUMMARY:

Current Zoning: “RM-5 AHOD” Residential Mixed Airport Hazard Overlay District

 

Requested Zoning: “IDZ AHOD” Infill Development Zone Airport Hazard Overlay District with uses permitted in “C-1” Light Commercial District and Five (5) Residential Units

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date: December 4, 2018

 

Case Manager: Marco Hinojosa, Planner

 

Property Owner: Piha Properties, LLC

 

Applicant: Piha Properties, LLC

 

Representative: Brown & Ortiz, P.C. (c/o Ken Brown)

 

Location: 1414 Austin Street

 

Legal Description: Lot A-3, Block 1, NCB 46

 

Total Acreage: 0.11

 

Notices Mailed

Owners of Property within 200 feet: 18

Registered Neighborhood Associations within 200 feet: Downtown Residents Association

Applicable Agencies: Fort Sam Houston; Planning Department

 

Property Details

Property History: The subject property was rezoned from “O-2 AHOD” High-Rise Office Airport Hazard Overlay District to “RM-5 AHOD” Residential Mixed Airport Hazard Overlay District by Ordinance 2010-11-04-0971, dated November 4, 2010.

                     

Topography:  The subject property is not located within the 100-year flood plain.

 

Adjacent Base Zoning and Land Uses

Direction: North

Current Base Zoning: “IDZ”

Current Land Uses:  Two-Family Dwelling

 

Direction: East

Current Base Zoning: “MF-18”

Current Land Uses: Single-Family Dwellings

 

Direction: South

Current Base Zoning: “RM-5”

Current Land Uses: Apartments

 

Direction: West

Current Base Zoning: “IDZ” and “I-1”

Current Land Uses: Two-Family Dwellings

 

Overlay and Special District Information: 

“AHOD”

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: Austin Street

Existing Character:  Local

Proposed Changes:  None Known

Public Transit:  VIA bus routes are within walking distance of the subject property. Routes served: 20

 

Traffic Impact:  A Traffic Impact Analysis (TIA) is not required. IDZ is exempt from TIA requirements.

 

Parking Information: 

The “IDZ” Infill Development Zone District waives off-street vehicle parking requirements.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “RM-5”. This district provides areas for medium to high-density residential uses where adequate public facilities and services exist with capacity to serve development. This district is composed mainly of areas containing a mixture of single-family, two-family and multi-family dwellings and open space where similar residential development seems likely to occur. The district regulations are designed to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; and to preserve the openness of the area by requiring flexible yard and area standards. Mixed residential districts provide flexible density requirements in order to allow for market and design flexibility while preserving the neighborhood character and permitting applicants to cluster development in order to preserve environmentally sensitive and agricultural land areas.

 

FISCAL IMPACT:

None.

 

Proximity to Regional Center/Premium Transit Corridor

The subject property is located within the Midtown Regional Center and half mile of a Premium Transit Corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (10-0) 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 Government Hill Neighborhood Plan and is currently designated as “Low Density Mixed Use” in the future land use component of the plan. The requested “IDZ” base zoning is compatible with the future land use designation.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff has not found evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The requested “IDZ” will still be allowing for residential uses, but with a light commercial component.

 

3.  Suitability as Presently Zoned: 

The current “RM-5” Residential Mixed District is an appropriate zoning for the property and surrounding area.

 

4.  Health, Safety and Welfare: 

Staff has not found indication of likely adverse effects on the public health, safety, or welfare.

 

5.  Public Policy: 

The proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the Government Hill Neighborhood Plan

 

Government Hill Neighborhood Plan Relevant Goals and Objectives:

                     Conserve, rehabilitate and/or replace (if necessary) housing stock.

 

6.  Size of Tract: 

The subject property is 0.11 acres, which would adequately support a mixed-use development of residential and commercial uses.

 

7.  Other Factors: 

Infill Development Zone (IDZ) provides flexible standards for developments.  IDZ is to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings of structures, within existing built-up areas. IDZ may be approved as either a base zoning district or an overlay zoning district.  Standards required in an IDZ district shall apply to either IDZ base zoning or the IDZ overlay district except where otherwise specifically stated.  Typically IDZ gives flexibility to parking requirements, lots sizes, and setbacks.

 

Additionally, the applicant’s request for IDZ is consistent with the following criteria:

                     The applicant’s request meets the Master Plan’s Policy for Growth Management - Policy 1g, because it makes physical improvements on an inner city property encouraging redevelopment and infill development.

                     The applicant’s request meets the Master Plan’s Policy for Economic Development - Goal 4, because it targets an area within Loop 410 and the southern sector.

                     The Master Plan’s Policy for Neighborhoods - Policy 1a, because it rezones vacant or underutilized property in and around neighborhoods to encourage redevelopment that is compatible in use and intensity with the existing neighborhood.

                     The applicant’s request the Master Plan’s Policy for Neighborhoods - Policy 2b, because it creates mixed-use districts.

 

The subject property is located within the Fort Sam Houston Awareness Zone/Military Influence Area.  In accordance with the signed Memorandum of Understanding, JBSA was notified of the proposed request.