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File #: 17-4848   
Type: Zoning Case
In control: Zoning Commission
On agenda: 9/5/2017
Posting Language: ZONING CASE # Z2017226 S (Council District 2): A request for a change in zoning from “R-6 IH-1 AHOD” Residential Single-Family Northeast Gateway Corridor Airport Hazard Overlay District and "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District to "R-6 S IH-1 AHOD" Residential Single-Family Northeast Gateway Corridor Airport Hazard Overlay District with a Specific Use Authorization for an Urban Farm and "R-6 S AHOD" Residential Single-Family Airport Hazard Overlay District with a Specific Use Authorization for an Urban Farm on 3.147 acres out of NCB 13767 and 13806, located at 402 Earlyway and 307 Overlook Road. Staff recommends Approval.
Attachments: 1. Site Plan, 2. Location Map
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2017226 S

 

SUMMARY:

Current Zoning:  “R-6 IH-1 AHOD” Residential Single-Family Northeast Gateway Corridor Airport Hazard Overlay District and "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District

 

Requested Zoning: "R-6 S IH-1 AHOD" Residential Single-Family Northeast Gateway Corridor Airport Hazard Overlay District with a Specific Use Authorization for an Urban Farm and "R-6 S AHOD" Residential Single-Family Airport Hazard Overlay District with a Specific Use Authorization for an Urban Farm

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  September 5, 2017

 

Case Manager:  Angela Cardona, Planner

 

Property Owner:  David McArdle

 

Applicant:  David McArdle

 

Representative:  David McArdle

 

Location:  402 Earlyway Drive and 307 Overlook Road

 

Legal Description: 3.147 acres out of NCB 13767 and 13806

 

Total Acreage:  3.147

 

Notices Mailed

Owners of Property within 200 feet:  42

Registered Neighborhood Associations within 200 feet:  None

Applicable Agencies:  Planning Department

 

Property Details

Property History:  The subject properties were annexed on December 17, 1964 and were zoned “Temp A” (Ordinance 32674).  Upon adoption of the Unified Development Code on May 4, 2001(Ordinance 93881), the property converted to the current “R-6” 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:  “MH”, “R-6”

Current Land Uses:  Residential

 

Direction:  East

Current Base Zoning:  “R-6”

Current Land Uses:  Residential

 

Direction: South     

Current Base Zoning: “R-5”     

Current Land Uses: Residential     

 

Direction: West    

Current Base Zoning: “R-6”     

Current Land Uses: Residential      

 

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.

 

The Northeast Gateway Corridor District (“IH-1”) provides site development standards for commercial properties up to 1,000 feet of Interstate 35 between Walzem Road and the northern City Limits. The standards primarily address building placement, landscaping, building materials, façade design and signage to promote a coordinated development scheme for the Corridor. A zoning review is performed by the Zoning Section of the Development Services Department.

 

Transportation

Thoroughfare:  Earlyway Drive

Existing Character: Local Street  

Proposed Changes:  None

 

Thoroughfare:  Moonlight Terrace

Existing Character:  Local Street  

Proposed Changes:  None

 

Thoroughfare: Overlook Road  

Existing Character:  Local Street       

Proposed Changes: None

 

Thoroughfare: Suddith     

Existing Character:  Local Street  

Proposed Changes: None

 

Public Transit:  The nearest VIA bus route is #9 within walking distance of the subject property.

 

Traffic Impact:  A Traffic Impact Analysis (TIA) report is not required.  The traffic generated by the proposed development does not exceed the threshold requirements.

 

Parking Information:  Parking requirements are determined by use: Dwelling- 2 Family- Minimum vehicle spaces: 1 per unit. Maximum vehicle spaces: 2 per unit.

 

ISSUE:

None

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation.  The “R-6” Residential Single-Family District allows single-family dwellings (detached) with a minimum lot size of 6,000 square feet and a minimum lot width of 50 feet.  Other permitted uses are foster family home and public/private schools.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is within the Northeast Gateway Corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff recommends 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 currently not located within any adopted land use plan and has no land use classification. Therefore a finding of consistency is not required. However, staff finds the requested zoning change is consistent with the existing development pattern of multi-family uses.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change because the request is consistent with the base zoning districts of the surrounding properties. 

 

3.  Suitability as Presently Zoned: 

The current “R-6” base zoning district is appropriate for the surrounding area. The subject property is bounded by residential uses.

 

4.  Health, Safety and Welfare: 

Staff has found no indication of likely adverse effects on the public health, safety, or welfare.  The request for zoning would provide an appropriate use for this underused, vacant lot.

 

5.  Public Policy: 

The request does not appear to conflict with any public policy objective.  An urban farm is best when developed on a vacant lot situated in an established neighborhood.

 

6.  Size of Tract: 

The subject property measures 3.147 acres which should reasonably accommodate the uses permitted in the “R-6” Residential Single Family District.

 

7.  Other Factors: 

The purpose of the Specific Use Authorization is to provide for certain uses which, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but may, under the right set of circumstances and conditions be acceptable in certain specific locations.