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File #: 15-2956   
Type: Zoning Case
In control: City Council A Session
On agenda: 5/21/2015
Posting Language: ZONING CASE # Z2015004 (Council District 1): An Ordinance amending the Zoning District Boundary from "MF-33 H S AHOD" Multi-Family King William Historic Airport Hazard Overlay District with a Specific Use Authorization for a Child Care Institution (Specialized) to "IDZ H AHOD" Infill Development Zone King William Historic Airport Hazard Overlay District with Single-Family Residential uses (attached townhomes) at a density not to exceed 25 units per acre on Lots 7, 8 and the north 12.4 feet of Lot 9, Block B, NCB 935 and "RM-4 H AHOD" Residential Mixed King William Historic Airport Hazard Overlay District on the south 43.8 feet of the west 69 feet of Lot 9 and the west 69 feet of Lot 10, Block B, NCB 935 all on Lots 7, 8, the north 12.49 feet and south 43.8 feet west of 69 feet of Lot 9 and west 69 feet of Lot 10, Block B, NCB 935 located at 139 Cedar Street and 311 Pereida. Staff and Zoning Commission recommend Approval.
Attachments: 1. Z2015-004_Location Map, 2. Z2015004_Zoning Minutes, 3. DRAFT ORDINANCE
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: 1
 
SUBJECT:
Zoning Case Z2015004
 
SUMMARY:
Current Zoning:  "MF-33 H S AHOD" Multi Family King William Historic Airport Hazard Overlay District with a Specific Use Authorization for a Child Care Institution (Specialized)
 
Requested Zoning:  "IDZ H AHOD" Infill Development Zone King William Historic Airport Hazard Overlay District with Single-Family Residential uses (attached townhomes) at a density not to exceed 25 units per acre on Lots 7, 8 and the north 12.4 feet of Lot 9, Block B, NCB 935 and "RM-4 H AHOD" Residential Mixed King William Historic Airport Hazard Overlay District on the south 43.8 feet of the west 69 feet of Lot 9 and the west 69 feet of Lot 10, Block B, NCB 935
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  November 18, 2014
Case Manager:  Ernest Brown, Planner
 
Property Owner:  The Children's Shelter Foundation
 
Applicant:  1836 Asset Development, LLC (Frank Pakuszewski)
 
Representative:  Steve Yndo
 
Location:  139 Cedar Street and 311 Pereida
 
Legal Description:  Lots 7, 8, the north 12.49 feet and south 43.8 feet west of 69 feet of Lot 9 and west 69 feet of Lot 10, Block B, NCB 935
 
Total Acreage:  0.64
 
Notices Mailed
Owners of Property within 200 feet:  39
Registered Neighborhood Associations within 200 feet:    King William Association
Planning Team:  Downtown Neighborhood Plan -67
Applicable Agencies:  Office of Historic Preservation
 
Property Details
Property History:  The subject property is located within the original city limits as established in 1938, and was originally zoned "D" Apartment District. In a 1991 case, the property was rezoned to "R-3 CC" Multi-Family Residence District with a Conditional Use for Child Care Institution (Specialized). Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "MF-33" Multi-Family District.  The property currently houses The Children's Shelter.
      
Topography:  The property does not include any abnormal physical features such as slope or inclusion in a floodplain.
 
Adjacent Base Zoning and Land Uses
Direction:  North and East
Current Base Zoning:  "C3-H", "C-3NA H HS", "C-3 H HS", "MF-33 H", "MF-33 H HS", "RM-4 H HS" and "RM-4 H"
Current Land Uses:  Office, restaurant, single-family residence, and parking lot
 
Direction:  South
Current Base Zoning:  "RM-4 H", "RM-4 H HE" and "RM-4 H HS"
Current Land Uses:  Single-family residence
 
Direction:  West
Current Base Zoning:  "C-2 H HS", "C-2 H" and "RM-4 H HS"
Current Land Uses:  Restaurant, office, studio and single-family residence
 
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.
 
Properties to the north, east, and south east of the subject property are located within the King William Historic District.  Although the historic district does not restrict possible uses, it does require all construction plans be reviewed and approved by the City's Historic and Design Review Commission (HDRC).
 
Transportation
Thoroughfare:  Cedar Street
Existing Character:  Local street; one lane in each direction with sidewalks
Proposed Changes:  None known
 
Thoroughfare:  Pereida Street
Existing Character:  Local street; one lane in each direction with a sidewalk on one side
Proposed Changes:  None known
 
 
Public Transit:  The nearest VIA bus lines are the 34, 42, 232 and 242 which operate along South Saint Mary's Street.   
 
Traffic Impact:  A Traffic Impact Analysis is not required.  Infill Development Zone (IDZ) requests are exempt from the TIA requirement.
 
Parking Information:  The "IDZ" Infill Development Zone District eliminates off-street parking requirements.
 
ISSUE:
None.
 
ALTERNATIVES:
Denial of the requested zoning change would result in the subject property retaining the present zoning district designation.
 
FISCAL IMPACT:
None.
 
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (8-2) 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 Downtown Neighborhood Plan and is currently designated as Residential in the future land use component of the plan.  The Residential designation for this plan entails single-family, multi-family and mixed use land uses. The requested "IDZ" and "RM-4" base zoning districts are consistent with Residential land use designation. The property currently is occupied by The Children's Shelter and redevelopment of the subject properties would increase density and housing opportunities for the neighborhood.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.  
 
3.  Suitability as Presently Zoned:  
The current "MF-33" base zoning district is appropriate for the subject property's location in an inner city neighborhood near South Alamo Street, a Secondary Arterial Type B.  However, the property does not presently feature multi-family dwellings available for public use. Therefore, the proposed zoning will provide more economic development and housing prospects.
 
 
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 rezoning request does not appear to conflict with any public policy objective.
 
6.  Size of Tract:  
The subject property totals 0.64 of an acre in size, which should reasonably accommodate the uses permitted in "IDZ" and "RM-4".
 
7.  Other Factors:  
Redevelopment of the subject properties shall be consistent with the character of the surrounding neighborhood.