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File #: 14-835   
Type: Zoning Case
In control: City Council A Session
On agenda: 5/1/2014
Posting Language: ZONING CASE # Z2014110 CD (District 5): 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 16, Block 5, NCB 10605 located at 202 Adolph. Staff and Zoning Commission recommend approval, with conditions.
Attachments: 1. Z2014-110, 2. Z2014110 CD_Site Plan, 3. Z2014110 CD, 4. Draft Ordinance, 5. Ordinance 2014-05-01-0301
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez       
      
COUNCIL DISTRICTS IMPACTED: Council District 5
 
SUBJECT:
Zoning Case Z2014110 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:  April 1, 2014
 
Case Manager:  Osniel Leon, Planner
 
Property Owner:  Jose Luis Mendez
 
Applicant:  Edward R. Campos
 
Representative:  Edward R. Campos
 
Location:  202 Adolph
 
Legal Description:  Lot 16, Block 5, NCB 10605
 
Total Acreage:  0.166
 
Notices Mailed
Owners of Property within 200 feet:  22
Neighborhood Associations:  Tierra Linda Neighborhood Association (within 200 feet)
Planning Team Members:  Nogalitos/South Zarzamora Community Plan (26)
Applicable Agencies:  None
 
Property Details
Property History:  The property was annexed in 1944 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" Residential Single-Family District. According to the Bexar County Appraisal District, the subject property is currently developed as a single-family residence measuring approximately 864 square feet built in 1953. The subject property was platted into its current configuration in 1952 (Volume 3025, Page 274 in the Deed and Plat Records of Bexar County, Texas).
 
Topography:  The subject 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", "C-2"
Current Land Uses:  Leal Middle School, single-family residences, office, gas station
 
Direction:  East
Current Base Zoning:  "C-2", "C-3NA"
Current Land Uses:  Offices, restaurant
 
Direction:  West and South
Current Base Zoning:  "R-4"
Current Land Uses:  Single-family residences
 
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:  West Southcross Boulevard
Existing Character:  Secondary Arterial Type B; two lanes in each direction with sidewalks
Proposed Changes:  None known
 
Thoroughfare:  Adolph
Existing Character:  Local Street; one lane in each direction with one sidewalk
Proposed Changes:  None known
 
Public Transit:  The number 46, 246 and 515 VIA bus lines operate along West Southcross Boulevard, with multiple stops near the subject property.
 
Traffic Impact:  A Traffic Impact Analysis (TIA) report is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
 
Parking Information:  Off-street vehicle parking requirements are typically determined by the type of use and building size.  The rezoning application refers to a proposed office use.
 
Professional Office - Minimum Parking Requirement: 1 space per 300 square feet of Gross Floor Area (GFA).  Maximum Parking Requirement: 1 space per 140 square feet of GFA.
 
The requisite Conditional Use site plan shows 4 parking spaces located behind the primary structure.
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the existing residential zoning designation.
 
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 Nogalitos/South Zarzamora Community Plan and is currently designated as Medium 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.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff finds the requested "R-4 CD" to be appropriate given that the subject property will continue to permit residential development and the proposed office will be located within the existing structure. Additionally, staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request and finds the requested zoning to be appropriate because of the subject property's location at the periphery of the neighborhood along an arterial thoroughfare and in close proximity to an interstate highway.
 
3.  Suitability as Presently Zoned:  
The "R-4" base zoning district is appropriate for the subject property and is consistent with the future land use designation of the Nogalitos/South Zarzamora Community Plan.
 
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 request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The subject property is 0.166 acres, which should be able to reasonably accommodate the proposed use as illustrated on the required site plan.
 
7.  Other Factors:  
Per Section 35-422(e)(3), the following conditions shall apply to the operation of a nonresidential conditional use within any residential district, unless otherwise approved by the 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 or office hours of operations shall not be permitted before 7:00 a.m. or after 6:00 p.m.
Staff recommends the following additional conditions:
1. A "Type A" landscape buffer shall be maintained where the subject property abuts residential zoning or uses; however, the buffer width shall be reduced to 5 feet.
2. All on-site lighting shall be directed onto the site, away from any surrounding residential uses or zoning.
3. Use of the parking lot shall be limited to the business or office hours of operation.
4. The parking lot shall be provided with a gate or other sufficient barrier against vehicle entry during the hours the facility served is closed.
5. The parking area shall comply with all applicable provisions of Section 35-526 of the Unified Development Code.
Conversion of a residential structure into a commercial use may impose additional city code requirements including but not limited to the building code, electric code and/or fire code.