DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT:
Zoning Case Z2017113
SUMMARY:
Current Zoning: "MF-33 HL AHOD" Multi-Family Historic Landmark Airport Hazard Overlay District
Requested Zoning: "IDZ HL AHOD" Infill Development Zone Historic Landmark Airport Hazard Overlay District for 4 single-family dwelling units
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: June 06, 2017. This case was postponed from the April 18, 2017 Zoning Commission hearing.
Case Manager: Erica Greene, Planner
Property Owner: LS Contracting
Applicant: Laura Soliz
Representative: Salvador Flores, P.E.
Location: 823 Ogden Street
Legal Description: Lot 10, Block 7, NCB 1729
Total Acreage: 0.13
Notices Mailed
Owners of Property within 200 feet: 23
Registered Neighborhood Associations within 200 feet: Tobin Hill Community Association
Applicable Agencies: Department of Planning and Community Development and Office of Historic Preservation
Property Details
Property History: The subject property was part of the original 36 square miles of the City and was previously zoned “D” Office District. A 1995 case, Ordinance #83331 zoned the subject property as “R-3” Multi-Family Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the “MF-33” Multi-Family Residential District. A 2012 case, Ordinance #2012-01-19-0047 zoned the subject property as "HL MF-33 AHOD" Historic Landmark Multi-Family Airport Hazard Overlay 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: MF-33
Current Land Uses: Multi-Family Housing
Direction: West
Current Base Zoning: MF-33
Current Land Uses: Multi-Family Housing
Direction: South
Current Base Zoning: MF-33
Current Land Uses: Multi-Family Housing
Direction: East
Current Base Zoning: MF-33
Current Land Uses: Multi-Family Housing
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.
A number of surrounding properties carry the “HS” Historic Significant landmark designation, signifying the historic architectural character or cultural significance of the structure or location. Historic Landmark designations do not affect the possible uses of the property, but do regulate the exterior aesthetic of the structure. Building plans and permit applications will be subject to review by the Office of Historic Preservation and the Historic and Design Review Commission (HDRC) prior to any permits being issued.
Transportation
Thoroughfare: Ogden Street
Existing Character: Local Street
Proposed Changes: None known
Thoroughfare: East Dewey Place
Existing Character: Local Street
Proposed Changes: None known
Public Transit: The nearest VIA bus routes are #5 and #90 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 district.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (10-0) recommend Approval.
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 Tobin Hill Community Plan, and is currently designated as “Mixed Use” 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 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" zoning would allow up to 33 units per acre. The requested zoning district of “IDZ” with four (4) single-family housing is also appropriate for the subject property’s location. The requested zoning district of “IDZ” would allow the applicant to subdivide the lots for a homeownership option.
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 applicant requests a zoning change to allow for four (4) single-family housing. The properties that are located around the subject property include several multi-family dwellings. The rezoning request does not appear to conflict with land use goals and strategies of the Tobin Hill Community Plan to improve the quality, appearance, and variety of existing and new housing for all ages while increasing home ownership and investment in the area.
The subject property is located within the Midtown Regional Center and within one-half mile of both the New Braunfels and San Pedro corridors of the SA Tomorrow Comprehensive Plan.
The requested zoning is generally consistent with the guiding principles of the Comprehensive Plan and the Tobin Hill Neighborhood Plan for infill development to be compatible with existing neighborhoods.
Relevant Goals and Policies of the Comprehensive Plan may include:
GCF Goal 1: Higher-density uses are focused within the city’s 13 regional centers and along its arterial and transit corridors.
GCF Goal 4: Sustainable infill and mixed-use development provide walkable and bikeable destinations for all residents.
GCF P1: Incentivize the development of housing and employment uses in the city’s priority growth areas.
GCF A11: Develop transit supportive land use designations and zoning and apply it to VIAs priority high capacity transit stations and stops, both existing and proposed.
H Goal 2: A variety of housing types (single-family detached, single-family attached, multifamily, as well as ownership and rental opportunities) is available at a variety of price and rent levels.
H Goal 3: Housing choices are available in walkable and bikeable neighborhoods located near transit, employment, retail, medical and recreational amenities.
H Goal 5: High-density housing choices are available within the city’s 13 regional centers and along its arterial and transit corridors.
H Goal 6: Infill development and revitalized neighborhoods provide a range of housing choices near the city center.
H P11: Encourage and incentivize new housing development projects to provide a mixture of housing types, sizes and prices.
H P23: Work with VIA Metropolitan Transit to develop high-capacity and high-frequency transit options that support higher-density housing.
H P30: Ensure infill development is compatible with existing neighborhoods.
CHW A2: Implement Complete Neighborhoods as measured by good access to schools, parks, grocery stores, sidewalks and transit.
The SA Tomorrow Comprehensive Plan classifies the Midtown Regional Center as an Activity Center, defined as having “high concentrations of people and jobs in a mixed-use environment. They should be highly walkable and well connected by multiple types of transportation and transit. They should have an even mixture of jobs and housing and contain amenities that support residents, workers and employers…” Higher densities of people support retail activity and are needed to support transit systems.
The SA Tomorrow Comprehensive Plan calls for diverse housing types, sizes and prices, and for infill of housing near the city center.
The Tobin Hill Neighborhood Plan includes several pertinent goals and objectives relating to housing:
• Housing Goal 2: Improve the quality, appearance, and variety of existing and new housing for all ages while increasing home ownership and investment in the area.
o Housing Objective 2.2.1 - Encourage and facilitate the development of quality, compatible infill housing where appropriate. Compatible housing will maintain the historical and architectural integrity of the neighborhood and help to better utilize vacant and/or unkempt properties.
o Objective 2.4 - Promote a diverse variety of housing stock in the neighborhood that sustains all ages and economic groups.
o Objective 2.4.1 - While preserving the neighborhood’s historic housing inventory, encourage the utilization of available land to develop single family homes in the residential core of the neighborhood and, where appropriate, higher density housing (townhomes, condos, apartments) in areas designated as Low Density and High Density Mixed Use (see Development Guidelines).
o Objective 2.4.2 - Encourage and facilitate the development of quality, diverse housing that is compatible with the character of the neighborhood.
6. Size of Tract:
The subject property totals 0.138 acres in size, which should reasonably accommodate the uses permitted in “IDZ” Infill Development Zone District to allow for four (4) single family housing.
7. Other Factors:
The applicant proposes four (4) single family houses on the subject property.
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.