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File #: 14-812   
Type: Zoning Case
In control: City Council A Session
On agenda: 5/1/2014
Posting Language: ZONING CASE # Z2014115 (District 1): An Ordinance amending the Zoning District Boundary from "R-6 H AHOD" Residential Single-Family Tobin Hill Historic Airport Hazard Overlay District to "R-4 H AHOD" Residential Single-Family Tobin Hill Historic Airport Hazard Overlay District on the east 25 feet of Lot 6 and the west 13.29 feet of Lot 7, Block 5, NCB 1752 located at 415 East Park Avenue. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-115, 2. Z2014115, 3. Draft Ordinance, 4. Ordinance 2014-05-01-0292
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 1
 
SUBJECT:
Zoning Case Z2014115
 
SUMMARY:
Current Zoning: "R-6 H AHOD" Residential Single-Family Tobin Hill Historic Airport Hazard Overlay District
 
Requested Zoning: "R-4 H AHOD" Residential Single-Family Tobin Hill Historic Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: April 1, 2014
Case Manager: Pedro Vega, Planner
Property Owner: Manuel M. and Yolanda C. Mendoza
 
Applicant: Manuel M. Mendoza
Representative: Manuel M. Mendoza
Location: 415 East Park Avenue
Legal Description: The east 25 feet of Lot 6 and the west 13.29 feet of Lot 7, Block 5, NCB 1752
Total Acreage: 0.1134  
 
Notices Mailed
Owners of Property within 200 feet: 31
Neighborhood Associations: The Tobin Hill Community Association
Planning Team Members: Tobin Hill Neighborhood Plan-13
Applicable Agencies: City of San Antonio Office of Historic Preservation
 
Property Details
Property History:  The subject property is located within the city limits as they were recognized in 1938, and was originally zoned "D" Apartment District.  In a 1995 City-initiated a large-area case, the property was rezoned to "R-1" Single-Family Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "R-6" Residential Single-Family District.  The property is undeveloped and consists of portions of two platted lots.    
 
The subject property does not meet the minimum lot size requirement for the "R-6" district; therefore, the rezoning request is meant to allow new single-family residential construction on a lot that is less than 6,000 square feet in size.
 
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, West and East  
Current Base Zoning: "R-6" and "MF-33"
Current Land Uses: Single-Family Dwellings, Two and Three- Family Dwellings and Vacant Lot
 
Direction: South across East Park Avenue             
Current Base Zoning: "R-6", "RM-4" and "MF-33"
Current Land Uses: Single-Family Dwellings, Three- Family Dwellings, Office, Apartments and Vacant House
 
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.
 
The Tobin Hill Historic District reflects a wide range of architectural styles including residences from late the Victorian era, numerous Craftsman bungalows, later Colonial Revival and English or Tudor style residences, and four-squares. Tobin Hill, to the north of the city core, is one of San Antonio's oldest urban neighborhoods.  The historic district is bounded by E. Dewey Place to the north, McCullough Avenue to the west, Evergreen to the south, and St. Mary's Street to the east, and includes a two block section of W. Park Avenue between McCullough and Main Avenues.  Tobin Hill was designated a local historic district in two phases through City Council approval on December 9, 2007 and March 16, 2008.
 
Transportation
Thoroughfare:  East Park Avenue           
Existing Character: Local Street; 1 lane in each direction with sidewalks
Proposed Changes: None known
 
Thoroughfare: Gillespie Street
Existing Character: Local Street; 1 lane in each direction with partial sidewalks   
Proposed Changes: None known
 
Public Transit: The nearest VIA bus line is the 5, which operates along McCullough Avenue located west of the subject property.                                                      
 
Traffic Impact: A Traffic Impact Analysis (TIA) is not required because traffic generated by the proposed development does not exceed the threshold requirements.   
 
Parking Information: Dwelling: Single-family - Minimum vehicle spaces: 1 per unit; Maximum vehicle spaces:  N/A
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current residential zoning, restricting future land uses to those permissible in the "R-6" zoning district.
 
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 Tobin Hill Neighborhood Plan and is designated as Low Density Residential in the future land use component of the plan. Low Density Residential is composed of single-family homes on individual lots, on streets with low traffic volumes. The "R-4" Residential Single-Family District is consistent with the future land use designation.   
 
2. Adverse Impacts on Neighboring Lands:  
Staff finds no likely adverse impact on the surrounding properties related to the zoning change request. This zoning change will allow new construction on a vacant lot.  All constructions plans will be subject to the design standards of the Tobin Hill Historic District and will be reviewed for compliance by the Office of Historic Preservation to ensure the character of the neighborhood is preserved.
 
3. Suitability as Presently Zoned:  
Both the current and requested zoning districts could be appropriate for the subject property.  However, the property does not meet the minimum lot size required by the current "R-6" zoning district; therefore, the property cannot be platted and building permits cannot be issued for the proposed construction.  As such, the existing zoning is not suitable for the subject property.
 
4. Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare due to this request. The "R-4" Residential Single-Family District will maintain and preserve the quality of the existing residential neighborhood and promote infill housing.                    
 
5. Public Policy:  
The request does not appear to conflict with any public policy objective.
 
This request conforms to the Tobin Hill Neighborhood Plan. The second goal in the Tobin Hill Neighborhood Plan is housing, and the goal states, "Improve the quality, appearance, and variety of existing and new housing for all ages while increasing home ownership and investment in the area".
 
6. Size of Tract:  
The subject property measures 4,978 square feet in size, meeting the minimum lot size requirement for the "R-4" zoning district.  
 
7. Other Factors:  
The subject property is located a few blocks north from the Downtown area on the north side of East Park Avenue, east of McCullough Avenue. Uses along East Park Avenue are predominantly single-family or low-density multi-family residential uses.
 
The applicant is seeking a zoning change to "R-4" Residential Single-Family District to allow construction of a new detached 2-1/2 story single-family dwelling of approximately 2000 square feet and into compliance with the UDC.