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File #: 18-2340   
Type: Zoning Case
In control: City Council A Session
On agenda: 4/5/2018
Posting Language: ZONING CASE # Z2018091 CD (Council District 10): An Ordinance amending the Zoning District Boundary from "R-6 AHOD” Residential Single-Family Airport Hazard Overlay District to "R-6 CD AHOD" Residential Single-Family Airport Hazard Overlay District with Conditional Use for an Assisted Living Facility up to ten (10) residents on Lot 74, Block 1, NCB 17790, located at 5450 Maple Vista. Staff and Zoning Commission recommend Denial.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 10

 

SUBJECT:

Zoning Case 2018091

 

SUMMARY:

Current Zoning: “R-6 AHOD” Residential Single-Family Airport Hazard Overlay District

 

Requested Zoning: "R-6 CD AHOD" Residential Single-Family Airport Hazard Overlay District with Conditional Use for an Assisted Living Facility up to ten (10) residents

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date: February 20, 2018

 

Case Manager: Marco Hinojosa, Planner

 

Property Owner: John Marcus, Jr.

 

Applicant: John Marcus, Jr.

 

Representative: John Marcus, Jr.

 

Location: 5450 Maple Vista

 

Legal Description: Lot 74, Block 1, NCB 17790

 

Total Acreage: 0.1708

 

Notices Mailed

Owners of Property within 200 feet: 33

Registered Neighborhood Associations within 200 feet: Vista Neighborhood Association

Applicable Agencies: None

 

Property Details

Property History: The subject property was rezoned from Temporary “R-1” Single Family Residence District to “R-1” Single Family Residence District by Ordinance 86429, dated August 14, 1997. The property converted from “R-1” to the current “R-6” Residential Single-Family District with the adoption of the 2001 Unified Development Code (UDC), established by Ordinance 93881, on May 3, 2001.

                     

Topography:  The subject property is not located within the 100-year flood plain.

 

Adjacent Base Zoning and Land Uses

Direction: North

Current Base Zoning: “R-6”

Current Land Uses: Single-Family Residences

 

Direction: East

Current Base Zoning: “R-6”

Current Land Uses: Single-Family Residences

 

Direction: South

Current Base Zoning: “R-6”

Current Land Uses: Single-Family Residences

 

Direction: West

Current Base Zoning: “R-6”

Current Land Uses: Single-Family Residences

 

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: Maple Vista

Existing Character:  Local

Proposed Changes:  None Known

Public Transit:  VIA bus routes are not within walking distance of the subject property. Routes served: NA

 

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: 

The minimum parking requirement is 1 space per unit for single-family residences. The minimum parking requirement is .3 per resident plus 1 space for each employee for an assisted living, boarding home, or community home with 7 or more residents.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designations of “R-6”. “R-6” allows for uses such as single-family dwelling (detached), foster family home, public and private schools.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is within the Rolling Oaks Area Regional Center. The property is not located within a half mile of a Premium Transit Corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (9-0) recommend Denial.

 

Criteria for Review:  According to Section 35-421, zoning amendments shall be based on the approval criteria below.

 

1.  Consistency: 

The subject property is located within the North Sector Plan and is currently designated as “Suburban Tier” in the future land use component of the plan. The requested “R-6 CD” base zoning is compatible with the future land use designation. However, the use of an assisted living facility is not recommended in the middle of a residential subdivision.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The proposed rezoning to “R-6 CD” Residential Single-Family District to Allow for Assisted Living Facility with 10 residents is too intense within developed single-family residences.

 

3.  Suitability as Presently Zoned: 

The current “R-6” Residential Single-Family District is an appropriate zoning for the property and surrounding area. The adjacent properties are single-family residences that carry the “R-6” base zoning districts.

 

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 proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the North Sector Plan.

North Sector Plan Relevant Goals and Objectives:

                     Goal HOU-1: Continued support for development of diverse housing stock using infill housing development between Loop 1604 and Loop 410.

 

6.  Size of Tract: 

The subject property is 0.1708 acres, which would adequately support a development of single-family residences.

 

7.  Other Factors: 

None.