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File #: 17-2378   
Type: Zoning Case
In control: Zoning Commission
On agenda: 4/4/2017
Posting Language: ZONING CASE # Z2017096 (Council District 2): A request for a change in zoning from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District to "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with four single-family dwellings on the North 53 Feet of Lots 1, 2, and 3, NCB 1339, located at 314 St. Charles Street. Staff recommends Denial.
Attachments: 1. Z2017096 Location Map, 2. Z2017096 Site Plan
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2017096

 

SUMMARY:

Current Zoning:  "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District

 

Requested Zoning:  "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with four single-family dwellings

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  April 4, 2017

 

Case Manager:  Erica Greene, Planner

 

Property Owner:  Elbert Fugua

 

Applicant:  Elbert Fugua     

 

Representative:  Elbert Fugua

 

Location:  314 St. Charles Street

 

Legal Description:  North 53 Feet of Lots 1, 2, and 3, NCB 1339

 

Total Acreage: 0.1570

 

Notices Mailed

Owners of Property within 200 feet:  34

Registered Neighborhood Associations within 200 feet:  Dignowity Hill Neighborhood Association

Applicable Agencies:  None

 

Property Details

Property History:  The subject property was part of the original 36 square miles of the City and was previously zoned “K” Apartment District. A 1989 case, Ordinance #70785 zoned the subject property as “R-7” Small Lot Residence. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current “R-4” Residential Single-Family District.

                     

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

Current Base Zoning:  R-4

Current Land Uses:  Residential Single-Family

 

Direction:  West

Current Base Zoning:  R-4

Current Land Uses:  Residential Single-Family

 

Direction:  South

Current Base Zoning:  R-4

Current Land Uses:  Residential Single-Family

 

Direction:  East

Current Base Zoning:  R-4

Current Land Uses:  Residential Single-Family

 

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:  St. Charles Street

Existing Character:  Local Street

Proposed Changes:  None

 

Thoroughfare:  Canadian Street

Existing Character:  Local Street

Proposed Changes:  None

 

Public Transit:  The nearest VIA bus route is #22 within walking distance of the subject property.

 

Traffic Impact:  A Traffic Impact Analysis (TIA) is not required. Infill Development (IDZ) is exempt from TIA requirements.

 

Parking Information:  The “IDZ” Infill Development Zone District waives off-street vehicle parking requirements.

 

ISSUE:

None.

ALTERNATIVES:

A denial of the request will result in the subject property retaining the current zoning district.

 

FISCAL IMPACT:

None.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff 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 Dignowity Hill Neighborhood Plan, and is currently designated as Low Density Residential in the future land use component of the plan.  The requested “IDZ” Infill Development Zone base zoning district is consistent with the future land use designation.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The request to allow for four single-family dwellings is too intense of a density for this lot size.

 

3.  Suitability as Presently Zoned: 

The current “R-4” base zoning district is appropriate for the subject property’s location. The request to allow for “IDZ” to allow for four single-family houses is not appropriate, which does not follow the current pattern of development for that area.

 

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 appear to conflict with land use goals and strategies of the of the Dignowity Hill Neighborhood Plan to preserve the unique historic character of Dignowity Hill

 

6.  Size of Tract: 

The subject property totals 0.1570 acres in size, which reasonably accommodate the uses permitted in “IDZ” Infill Development Zone, but not for densities as high as those that the applicant is requesting.

 

7.  Other Factors: 

The applicant proposes four single family houses on the subject property. The surrounding lots all include one single family house on small lots.  The request to rezone the subject property will not make the land uses more compatible with one another and does not reflect the character of the neighborhood.

 

Infill Development Zone (IDZ) provides flexible standards for developments.  IDZ is to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings of structures, within existing built-up areas. IDZ may be approved as either a base zoning district or an overlay zoning district.  Standards required in an IDZ district shall apply to either IDZ base zoning or the IDZ overlay district except where otherwise specifically stated.  Typically IDZ gives flexibility to parking requirements, lots sizes, and setbacks.