DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT:
Zoning Case Z2015036 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 Two Dwelling Units
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: January 20, 2015 (This is the second public hearing for this zoning case. The rezoning request was continued from the December 16, 2014 Zoning Commission public hearing.)
Case Manager: Shepard Beamon, Planner
Property Owner: Cogo Investments
Applicant: Abelardo Juarez
Representative: Abelardo Juarez
Location: 614 West Elmira Street
Legal Description: Lot 24, NCB 3599
Total Acreage: 0.1148
Notices Mailed
Owners of Property within 200 feet: 21
Registered Neighborhood Associations within 200 feet: Five Points Owners Association
Planning Team: Five Points Neighborhood Plan-23
Applicable Agencies: None
Property Details
Property History: The subject property is located within the city limits as established in 1938 and was originally zoned "C" Apartment District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to "MF-33" Multi-Family District. In a 2002 City-initiated case, the property was rezoned to the current "R-4" Residential Single-Family District. The property was platted into its current configuration in 1929 and 1961 (volume 4600 and 980, pages 103 and 250 of the Deed and Plat Records of Bexar County, Texas). The subject property is developed with a residential structure measuring 4,001 square-feet that was built in 1915, 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 Base Zoning and Land Uses
Direction: North, East and West
Current Base Zoning: "R-4"
Current Land Uses: Single-Family Residences, Vacant and Multi-Family Residences
Direction: South
Current Base Zoning: "C-2" and "R-4"
Current Land Uses: Multi-Family Residences, Vacant and Fine Silver Manufacturing
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 Elmira Street
Existing Character: Local Street; one way in each direction with sidewalks
Proposed Changes: None known
Public Transit: The nearest VIA bus lines are number 2, 82, 88, 202, 282 and 288, which operates along North Flores Street, east 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: Dwelling, 2 Family - Minimum Parking Requirement: 1.5 spaces per unit. Maximum Parking Requirement: 2 spaces per unit.
There also appears to be some question as to the ability of the applicant to meet the parking requirements as outlined in Table 526-3a - Parking in Residential Use Districts of the UDC. The applicant has indicated that there are Two Dwellings Units; thus, requiring five (3) parking spaces.
ISSUE:
None.
ALTERNATIVES:
Denial of the zone change request will not allow the property to have two dwelling units; but rather remain single-family residential.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (8-0) recommend denial.
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The property is located within the Five Points Neighborhood Plan and is currently 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.
Low Density Residential land use includes single-family homes on individual lots. The land use plan strives to preserve the existing housing stock.
2. Adverse Impacts on Neighboring Lands:
Granting of the Conditional Use will likely have an adverse impact on the neighboring lands. Approval of the requested conditional use for Two Dwellings Units will likely increase in traffic and on-street parking on a local street designed for single-family residential uses and traffic.
While most of the properties in the area have single-family residential zoning, there are several multi-family dwellings in the immediate vicinity. However, seeing as there is an existing mix of residential uses in the area, the requested conditional use is compatible with the surrounding neighborhood.
3. Suitability as Presently Zoned:
The existing "R-4" base zoning district is appropriate for the subject property. A majority of the area is similarly zoned. However, the area does have a mixture of densities resulting from various zone changes, non-conforming uses and zoning code violations. The mixture of densities has caused various issues regarding an increase in traffic and on-street parking. Therefore, special consideration should be given to the parking requirements
4. Health, Safety and Welfare:
Staff has found indication of likely adverse effects on the public health, safety, or welfare due to this zoning request. Staff is concerned with the potential increase in traffic and on-street parking that will occur from the requested Conditional Use for two dwelling units.
5. Public Policy:
The request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is 0.1148 acres. The existing structure is large enough for the proposed conditional use for two dwelling units. However, staff is concerned the required off-street parking requirement as shown on the submitted site plan will be insufficient and impractical.
7. Other Factors:
In accordance with section 35-526(e)(4) of the Unified Development all parking areas containing three (3) or more parking spaces shall include a turnaround which is designed and located so that vehicles can enter and exit the parking area without backing onto a public right-of-way.
In order for the request to meet the parking requirements the applicant will need to do one of the following : 1) Reconfigure the current site plan ; 2) request a variance through the Board of Adjustment; 3) amend the zoning change request.