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File #: 15-4037   
Type: Zoning Case
In control: City Council A Session
On agenda: 8/6/2015
Posting Language: ZONING CASE # Z2015192 CD (Council District 1): 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 13 and 14, Block 15, NCB 7258 located at 314 Lovera Boulevard. Staff recommends Approval. Zoning Commission recommends Denial.
Attachments: 1. Z2015-192_Location Map, 2. Z2015192-Site Plan, 3. Z2015192 CD Zoning Minutes

DEPARTMENT: Development Services

 

DEPARTMENT HEAD: Roderick J. Sanchez

 

COUNCIL DISTRICTS IMPACTED: 1

 

SUBJECT:

Zoning Case Z20152192 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: July 7, 2015.  This case is continued from the June 16, 2015 hearing.  

 

Case Manager: Robert C. Acosta, Planner

 

Property Owner: Donia Enterprises, LLC.   

 

Applicant: Ali Mazaheri  

 

Representative: Ali Mazaheri  

 

Location: 314 Lovera Boulevard  

 

Legal Description: Lots 13 and 14, Block 15, NCB 7258

 

Total Acreage: 0.13  

 

Notices Mailed

Owners of Property within 200 feet: 24

Registered Neighborhood Associations within 200 feet: Northmoor Neighborhood Association  

Planning Team:  North Central Community Plan-47  

Applicable Agencies: None  

 

Property Details

Property History: The property was originally annexed on July 3, 1952 (Ordinance 18115) and was zoned Temporary “B” Residential District. In 1965, the property was rezoned as “R-7” with the implementation of the 1965 Zoning District. Upon the adoption of the 2001 Unified Development Code, the zoning district converted to "R-4" Residential Single-Family District.  

                     

Topography:  The property does not include any abnormal physical features such as significant slope or inclusion in a floodplain.

 

Adjacent Base Zoning and Land Uses

Direction:  North 

Current Base Zoning:  R-4, C-2

Current Land Uses:  Single-Family homes and Commercial uses

 

Direction:  East 

Current Base Zoning: C-2 

Current Land Uses:  Commercial uses      

 

Direction:  South  

Current Base Zoning: R-4, C-2   

Current Land Uses: Single-Family homes and Commercial uses     

 

Direction:  West  

Current Base Zoning: R-6 

Current Land Uses:  Single-Family homes     

 

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: Lovera Boulevard     

Existing Character: Local Street.

Proposed Changes: None known.

 

Thoroughfare: Hermine Boulevard   

Existing Character: Local Street 

Proposed Changes: None known.

 

Thoroughfare: San Pedro Avenue    

Existing Character: Primary Arterial Type B   

Proposed Changes: None known.

 

Public Transit:  The nearest VIA bus lines are 4 and 204, which operate along San Pedro 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: Professional Office: Minimum 1 space per 300 sf. GFA. Maximum Parking Requirement: 1 space per 140 sf. GFA. 

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the zoning request will result in the subject property retaining the “R-4” Residential Single-Family zoning.

 

FISCAL IMPACT:

None.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff recommends Approval. Zoning Commission (9-0) recommends 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 North Central Community Plan and is 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 encourages concentrating urban growth within walking distance of neighborhood commercial centers and schools comprised of single-family residences, duplexes and accessory dwellings. Therefore, a Conditional Use for Professional Office is consistent with the land use. 

 

2.  Adverse Impacts on Neighboring Lands: 

Staff has found no evidence of likely adverse impacts on surrounding properties in relation to this zoning change request.

 

3.  Suitability as Presently Zoned: 

The proposed “R-4” zoning district is appropriate for the subject property’s location due to its close proximity to other Single-Family Residential uses. 

 

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 0.13 acres in size, which is sufficient to accommodate the proposed development with adequate space for parking.

 

7.  Other Factors: 

The Conditional Use zoning procedure is designed to provide for a land use within an area that is not permitted by the established zoning district but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.

 

The following conditions in addition to those in subsection (e)(2) above shall apply to the operation of nonresidential conditional uses permitted within any residential district, unless otherwise approved by the city council.  

 

A.                     There shall be not 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 operation shall not be permitted before 7:00 a.m. or after 6:00 p.m.