DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 10
SUBJECT:
Zoning Case Z2014107
SUMMARY:
Current Zoning: "O-2 AHOD" High-Rise Office Airport Hazard Overlay District
Requested Zoning: "MF-40 AHOD" Multi-Family Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: April 1, 2014
Case Manager: Pedro Vega, Planner
Property Owner: Linden Tara, LLC
Applicant: Linden Tara, LLC
Representative: Linden Tara LLC, c/o Langley and Banack, Inc. (Paul Fletcher)
Location: 1779 Nacogdoches Road
Legal Description: Lot 5, NCB 11898
Total Acreage: 1.3124
Notices Mailed
Owners of Property within 200 feet: 24
Registered Neighborhood Associations within 200 feet: Oak Park-Northwood Neighborhood Association
Planning Team Members: Northeast Inner Loop Neighborhood Plan - 34
Applicable Agencies: None
Property Details
Property History: The property was annexed in September of 1952, and was originally zoned "A" Single Family Residence District. In September of 1963, the property was rezoned to "E" Office District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "O-2" High-Rise Office District. The subject site consists of an existing apartment complex with 46 units measuring 15,484 square feet in size. According to the Bexar County Appraisal District, the existing structure was built in 1970. The property consists of one lot that was platted into the current configuration in 1965 (Volume 5300, page 50 of the Deed and Plat Records of Bexar County, Texas).
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 and Northeast
Current Base Zoning: "R-4" and "C-2"
Current Land Uses: Two-Family Dwellings, 18 Foot Alley and Convenience Store with Gasoline
Direction: Northwest and Southwest
Current Base Zoning: "NP-10"
Current Land Uses: Single-Family Dwellings
Direction: South and Southeast across Nacogdoches Road
Current Base Zoning: "NP-10" and "C-2"
Current Land Uses: Single-Family Dwellings and Bank
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 and North New Braunfels Avenue
Existing Character: Secondary Arterial Type B; 1 lane in each direction with sidewalks
Proposed Changes: None known
Thoroughfare: East Terra Alta
Existing Character: Local Street; 1 lane in each direction with partial sidewalks
Proposed Changes: None known
Public Transit: VIA bus line 10 operates along Nacogdoches Road with a bus stop at the corner of Nacogdoches Road and North New Braunfels Avenue.
Traffic Impact: A new Traffic Impact Analysis (TIA) is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: Off-street parking requirements for multi-family residential uses are determined by the number of dwelling units. Minimum Requirement: 1.5 spaces per unit; Maximum Allowance: 2 spaces per unit.
ISSUE:
None
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current high-rise office zoning, restricting future land uses to those permissible in the "O-2" zoning district.
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
RECOMMENDATION:
Staff and Zoning Commission (8-0) recommend approval pending the plan amendment.
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 Northeast Inner Loop Neighborhood Plan and is identified as Neighborhood Commercial in the future land use component of the plan. The zoning request is not consistent with the adopted future land use designation. A master plan amendment has been submitted, requesting to change the plan to High Density Residential. Staff and Planning Commission recommend approval of the plan amendment request.
2. Adverse Impacts on Neighboring Lands:
Granting the "MF-40" Multi-Family District is not likely to have an adverse impact on the neighboring lands. Multi-family zoning is most appropriate at the periphery of single-family neighborhoods, and along arterials or major thoroughfares where supporting infrastructure, such as public transportation and commercial facilities are present. The site is located in an area where there is accessibility to public services and traffic circulation to major thoroughfares.
3. Suitability as Presently Zoned:
The existing "O-2" High-Rise Office District is not appropriate for the subject property and is not consistent with either the adopted or the requested land use designations. The "O-2" district is meant to accommodate large, multi-tenant offices.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety, or welfare. The proposed zoning request will allow redevelopment of the existing apartment complex with a maximum of six additional dwelling units.
5. Public Policy:
Should the plan amendment request be approved, the request does not appear to conflict with any public policy objective. The High Density Residential land use classification supports the goals of the Northeast Inner Loop Neighborhood Plan of preserving the housing and distinctive character of the Northeast Inner Loop neighborhoods.
6. Size of Tract:
The subject property measures 1.3124 acres in size which should be able to reasonably accommodate the proposed "MF-40" district and required parking.
7. Other Factors:
Multi-family dwellings were a use permitted by-right on any tract or parcel zoned "E" Office District under the 1938 zoning code.