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File #: 13-784   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/7/2013
Posting Language: ZONING CASE # Z2013154 CD (District 1): An Ordinance amending the Zoning District Boundary from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District to "R-4 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for a Professional Office on Lot, 1, Block 7, NCB 10006 located at 2802 Vance Jackson (also known as 275 Future Drive). Staff recommends approval with conditions and Zoning Commission recommends denial.
Attachments: 1. Z2013-154.pdf, 2. Z2013154 CD.pdf, 3. Z2013154 CD_Site Plan.pdf, 4. Draft Ordinance
DEPARTMENT: Development Services       
 
DEPARTMENT HEAD: Roderick Sanchez      
      
COUNCIL DISTRICTS IMPACTED: Council District 1
 
SUBJECT:
Zoning Case Z2013154 CD
 
SUMMARY:
Current Zoning:  "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District
 
Requested Zoning:  "R-4 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for a Professional Office
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: July 16, 2013
 
Case Manager: Trenton Robertson, Planner
 
Property Owner: Martin Narvaez
 
Applicant: Martin Narvaez
 
Representative: Lisa Narvaez
 
Location: 2802 Vance Jackson (also known as 275 Future Drive)
 
Legal Description: Lot, 1, Block 7, NCB 10006
 
Total Acreage: 0.197
 
Notices Mailed
Owners of Property within 200 feet:  30
Neighborhood Associations:  Dellview Area Neighborhood Association
Planning Team Members:  27- Greater Dellview Area Community Plan
Applicable Agencies:  None
Property Details
Property History:  The subject property was annexed in 1949 and was originally zoned "B" Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "R-4" Single-Family Residential District.  The lot was platted into its current configuration in 1950 (volume 2805, page 149 in the Deed and Plat Records of Bexar County, Texas).  The subject property is developed with a residential structure measuring 1,614 square-feet that was built in 2011, according to the Bexar County Appraisal District.  
 
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:  Northwest, North, East and Southeast
Current Base Zoning:  "R-4"
Current Land Uses:  Single-family residences
 
Direction:  Southwest and West
Current Base Zoning:  "C-3R" and "C-2"
Current Land Uses:  Auto repair, carwash, laundromat, office and convenience store
 
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:  Savannah Drive and Future Drive
Existing Character:  Local streets; one lane in each direction with partial sidewalks
Proposed Changes:  None known
 
Thoroughfare:  Vance Jackson
Existing Character:  Secondary Arterial Type B 70'-86'; two lanes in each direction with partial sidewalks
Proposed Changes:  None known
 
Public Transit:  VIA bus lines 96 and 296 operate along Vance Jackson Road, west 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 office uses are determined by the size of the structure.  
 
Professional Office - Minimum Parking Requirement: 1 per 300 square feet Gross Floor Area (GFA).  Maximum Parking Requirement: 1 per 140 square feet GFA.  
The conditional use site plan shows 5 parking spaces.
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the current residential single-family zoning; the subject property would not be able to operate a professional office, but rather operate a home business if they meet the conditions listed in Section 35-378 of the Unified Development Code.
 
FISCAL IMPACT:
None.  The applicant has paid the required zoning fees.  
 
RECOMMENDATION:
Staff recommends approval, with conditions and Zoning Commission (6-2) 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 Greater Dellview Area Community Plan, and is designated as Low Density Residential in the future land use component of the plan.  The requested "R-4" base zoning district is consistent with the adopted land use designation.  Even though the plan encourages protection of existing housing stock, the plan also promotes Vance Jackson as a commercial corridor.  The subject property has significant frontage along Vance Jackson, minimizing the potential impact of increased traffic volume.  The proposed office use may act as a buffer between the arterial roadway and the established residential neighborhood to the east.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff has found no likely adverse impact on neighboring properties related to the conditional use request.  The surrounding zoning and uses are primarily single-family residential; however, the subject property fronts an arterial road designed to accommodate more vehicle trips per day derived from commercial uses.  
 
3.  Suitability as Presently Zoned:  
The existing "R-4" zoning district is consistent with the adopted land use designation and is likely appropriate for the subject property.  The zoning request does not include a change to the base zoning district and residential uses will continue to be permitted on the property.
 
4.  Health, Safety and Welfare:  
The proposed conditional use does not include any new construction on the subject property.  Should the conditional use be approved, the property owner will be required to bring the existing structure into full compliance with commercial building and safety codes prior to the establishment of any office use.
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.  
 
6.  Size of Tract:  
The subject property is 0.197 of an acre in size, which should be able to reasonably accommodate the proposed professional office and required parking, as shown on the conditional use site plan.
 
7.  Other Factors:  
Per Section 35-422 of the Unified Development Code, the following conditions apply to all conditional use requests in residential zoning districts, unless otherwise approved by City Council:
 
A. There shall be no exterior display or sign with the exception that a nameplate, not exceeding three (3) square feet in area, may be permitted when attached to the front of the main structure.
B. No construction features shall be permitted which would place the structure out of character with the surrounding residential neighborhood.
C. Business hours of operation shall not be permitted before 7:00 a.m. or after 6:00 p.m.
 
In addition to those conditions listed above, staff recommends the following:
1. A 6-foot tall solid screen fence shall be maintained where the subject property abuts single-family residential zoning or uses.