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File #: 18-1211   
Type: Zoning Case
In control: City Council A Session
On agenda: 1/18/2018
Posting Language: ZONING CASE # Z2018019 (Council District 2): An Ordinance amending the Zoning District Boundary from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District to "R-3 AHOD" Residential Single-Family Airport Hazard Overlay District on East 88.5 feet of Lot 13 and Lot 15, Block A, NCB 1006, located at 129 Gibson Street. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Zoning Minutes, 3. Draft Ordinance, 4. Metes and Bounds, 5. Ordinance 2018-01-18-0044

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2018019

 

SUMMARY:

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

 

Requested Zoning: "R-3 AHOD" Residential Single-Family Airport Hazard Overlay District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  December 19, 2017

 

Case Manager:  Angela Cardona, Planner

 

Property Owner:  SJP Investments Rental, LLC

 

Applicant:  Adrian Gracia

 

Representative:  Adrian Gracia

 

Location:  129 Gibson Street

 

Legal Description:  East 88.5 feet of Lot 13 and Lot 15, Block A, NCB 1006

 

Total Acreage:  0.0815 acres

 

Notices Mailed

Owners of Property within 200 feet: 29

Registered Neighborhood Associations within 200 feet: Dignowity Hill Neighborhood Association

Applicable Agencies:  None.

 

Property Details

Property History:  The subject property was annexed on June 30, 1955 (Ordinance 21436) and was zoned “R-7” Small Lot Residence District.  The property then converted to the current “R-4” upon adoption of the Unified Development Code on May 3, 2001 (Ordinance 93881).

                     

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

Current Base Zoning:  “R-4”

Current Land Uses:  Single-Family Residential

 

Direction:  South

Current Base Zoning:  “R-4”

Current Land Uses:  Single-Family Residential

 

Direction:  East

Current Base Zoning:  “R-4”

Current Land Uses:  Single-Family Residential

 

Direction:  West

Current Base Zoning:  “R-4”

Current Land Uses:  Single-Family Residential

 

Overlay and Special District Information:  The subject property is located within the “AHOD” Airport Hazard Overlay District. The “AHOD” does not restrict permitted uses, but may require additional review by both the Federal Aviation Administration and Development Services Department.

 

Transportation

Thoroughfare: Gibson Street 

Existing Character: Local Street  

Proposed Changes: None.

 

Thoroughfare: Burleson Street

Existing Character:  Local Street

Proposed Changes:  None.

 

Public Transit:  The nearest VIA bus route # 20, #22 and #222 are within walking distance of the subject property.

 

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

 

Parking Information: Parking is determined by use. Dwelling-1 Family requires a minimum vehicle space of 1 per unit and there are no applicable maximum requirements.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation. “R-4” Residential Single-Family District allows a single-family dwelling (detached) with a minimum lot size of 4,000 square feet and a minimum lot width of 35 feet, foster family home, public and private schools.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is not within a Regional Center but is within 1 mile proximity to the New Braunfels Avenue Premium Transit Corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (9-0) 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 Dignowity Hill Neighborhood Plan and is currently designated as “Low Density Residential”.  The request for “R-3” base zoning district is consistent with the adopted future land use plan.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds no likely adverse impact on neighboring lands in relation to this zoning change because the request is consistent with the surrounding residential uses.

 

3.  Suitability as Presently Zoned: 

The current “R-4” base zoning is appropriate for the area.  The request for the “R-3” zoning will allow for the existing residential structure to come into compliance.

 

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 not appear to conflict with land use goals and strategies of the of the Dignowity Hill Neighborhood Plan to enhance the historic character of the neighborhood and to increase home ownership .

 

6.  Size of Tract: 

The subject property totals 0.0815 acres in size, which should reasonably accommodate the uses permitted in “R-3” Residential Single Family.

 

7.  Other Factors: 

There are currently two single-family residential structures on one lot.  The applicant is replatting the properties into two separate lots.  Each structure will be on a separate lot.