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File #: 14-2531   
Type: Zoning Case
In control: City Council A Session
On agenda: 11/6/2014
Posting Language: ZONING CASE # Z2014242 (District 3): An Ordinance amending the Zoning District Boundary from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District to "MF-18 AHOD" Limited Density Multi-Family Airport Hazard Overlay District on Lots 18 thru 24, Block 2, NCB 3843 located on a portion of the 2300 Block of Nopal Street (also known as 2335 Nopal Street). Staff and Zoning Commission recommend approval pending the plan amendment. (Associated Plan Amendment 14076)
Attachments: 1. Z2014-242, 2. Z2014242, 3. Ordinance 2014-11-06-0877
Related files: 14-2580
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 3
 
SUBJECT:
Zoning Case Z2014242
 
SUMMARY:
Current Zoning: "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District
 
Requested Zoning: "MF-18 AHOD" Limited Density Multi-Family Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: October 7, 2014
 
Case Manager: Brenda V. Martinez, Planner
 
Property Owner: FARR Builders, LLC c/o Adrian E. Garcia
 
Applicant: Adrian Steven Garcia
 
Representative: Adrian Steven Garcia
 
Location: A portion of the 2300 Block of Nopal Street (also known as 2335 Nopal Street)
 
Legal Description: Lots 18 thru 24, Block 2, NCB 3843
 
Total Acreage: 0.5854
 
Notices Mailed
Owners of Property within 200 feet: 26
Registered Neighborhood Associations within 200 feet: Highland Park Neighborhood Association
Planning Team: Highlands Community Plan - 33
Applicable Agencies: None
 
Property Details
Property History:  The subject property is currently undeveloped and is located within the City Limits as they were recognized in 1938.  The property 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.
 
The property owner is proposing to construct a 10 unit apartment complex.  
 
Topography:  The property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
 
Adjacent Base Zoning and Land Uses
Direction: North, East and West
Current Base Zoning: "R-4"  
Current Land Uses: Single-Family Residences and Vacant Land  
 
Direction: South
Current Base Zoning: "MF-33"   
Current Land Uses: Apartments
 
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: Nopal Street
Existing Character: Local Street; 1 lane in each direction  
Proposed Changes: None known.
 
Thoroughfare: Waleetka
Existing Character: Local Street; 1 lane in each direction   
Proposed Changes: None known  
 
Thoroughfare: Hiawatha
Existing Character: Local Street; 1 lane in each direction  
Proposed Changes: None known  
 
Public Transit:  The nearest VIA bus lines are the number 20 line, 34 line, 232 line and 515 line which operate along South New Braunfels Avenue and Fair Avenue.  
 
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:  The minimum parking requirement for multi-family dwellings is 1.5 spaces per unit and the maximum parking requirement is 2 spaces per unit.
 
ISSUE:
The Highland Park Neighborhood Association has no objection to the rezoning request.
 
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the existing "R-4" zoning designation.
 
FISCAL IMPACT:
None.  The zoning request is eligible for the Inner City Reinvestment Infill Policy fee waiver.  The Development Services Department fees will be reimbursed through grant funding.    
 
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 Highlands Community Plan and is currently designated as Low Density Residential in the Future Land Use component of the plan.
The zoning request is not consistent with the Future Land Use designation. A master plan amendment has been submitted, requesting to change the land use designation to High Density Residential. Staff and Planning Commission recommend approval of the plan amendment request.
 
High Density Residential land uses include the following: apartments, condominiums, fourplexes, triplexes, duplexes, and townhomes.  High Density Residential uses are typically located along or in the vicinity of major arterials or collectors, often in close proximity to commercial and transportation facilities.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The subject property's location, which is bound by an arterial thoroughfare to the south, makes the area appropriate for more intense residential development.
 
3.  Suitability as Presently Zoned:  
Both the existing and requested zoning districts are appropriate for the subject property. Although many of the surrounding properties are zoned and used for single-family residences, some properties located along Fair Avenue are zoned for commercial uses.  
 
The surrounding zoning pattern and location of the subject property makes the property suitable for an increase in density.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety or welfare.
 
5.  Public Policy:  
Should the plan amendment request be approved, the request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The subject property measures 0.5854 acres.  Should the requested rezoning be approved, the subject property could accommodate a multi-family development with up to approximately 10 dwelling units.  The applicant is proposing to construct 10 dwelling units on the site.
 
7.  Other Factors:  
None.