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File #: 18-4214   
Type: Zoning Case
In control: City Council A Session
On agenda: 8/2/2018
Posting Language: ZONING CASE # Z2018204 CD (Council District 5): Ordinance amending the Zoning District Boundary from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District to "R-4 CD AHOD" Residential Single-Family Airport Hazard Overlay District with Conditional Use for Two (2) Dwelling Units on Lot 31 and Lot 32, NCB 2380, located at 527 South Nueces Street. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Ordinance 2018-08-02-0590

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 5

 

SUBJECT:

Zoning Case Z2018204 CD

 

SUMMARY:

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

 

Requested Zoning: "R-4 CD AHOD" Residential Single-Family Airport Hazard Overlay District with Conditional Use for Two (2) Dwelling Units

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date: June 19, 2018

 

Case Manager: Marco Hinojosa, Planner

 

Property Owner: LBF Nueces LLC

 

Applicant: Josep Lluis Bacardi Fiol

 

Representative: Josep Lluis Bacardi Fiol

 

Location: 527 South Nueces Street

 

Legal Description: Lot 31 and 32, NCB 2380

 

Total Acreage: 0.1558

 

Notices Mailed

Owners of Property within 200 feet: 48

Registered Neighborhood Associations within 200 feet: Avenida Guadalupe Association

Applicable Agencies: NA

 

Property Details

Property History: The subject property was zoned “B” Residence District by Ordinance OI-191, dated November 9, 1938. The property converted from “B” Residence District to the current “R-4” 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-4”

Current Land Uses: Single-Family Residences

 

Direction: East

Current Base Zoning:  “R-4”

Current Land Uses: Single-Family Residences

 

 

Direction: South

Current Base Zoning:  “R-4”

Current Land Uses: Single-Family Residences

 

Direction: West

Current Base Zoning:  “R-4”

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: South Nueces Street

Existing Character:  Local

Proposed Changes:  None Known

Public Transit:  VIA bus routes are within walking distance of the subject property.

Routes Served: 70

 

Thoroughfare: San Luis Street

Existing Character:  Local

Proposed Changes:  None Known

Public Transit:  VIA bus routes are within walking distance of the subject property.

Routes Served: 70

 

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 number of parking spaces for a single-family development is 1 space per unit.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “R-4”. “R-4” allows for uses such as 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 property is located within half a mile of Premium Transit Corridor.

 

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 subject property is located within the Guadalupe Westside Neighborhood Community Plan and is currently designated as “Low Density Residential” in the future land use component of the plan. The requested “R-4” base zoning is compatible 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 “R-4” Residential Single-Family District is an appropriate zoning for the property and surrounding area.

 

4.  Health, Safety and Welfare: 

Staff has not found indication of likely adverse effects on the public health, safety, or welfare. The applicant is seeking the rezoning request in order to bring the two, existing, residential dwellings on the property into compliance.

 

5.  Public Policy: 

The proposed rezoning does appear to conflict with the following goals, principles, and objectives of the Guadalupe Westside Community Plan

 

Guadalupe Westside Community Plan Relevant Goals and Objectives:

                     20.1.1: Encourage and facilitate the development of quality, diverse housing that is compatible with the character of the neighborhood.

                     20.1.2: Promote the development of a variety of housing sizes and prices including retirement housing, assisted living, quality affordable single-family houses, small apartment complexes (6 to 20 units), and housing in mixed-use buildings.

                     20.2.5: Encourage the rehabilitation of abandoned housing and promote neighborhood appropriate infill housing developments on abandoned or vacant lots.

 

6.  Size of Tract: 

The subject property is 0.1558, which would adequately support two residential dwellings.

 

7.  Other Factors: 

The purpose of the Conditional Use 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 which may under the right set of circumstances and conditions be acceptable in certain specific locations.

 

Although a duplex is allowed by right due to the conversion from “B” to “R-4” in 2001 with the adoption of the Unified Development Code, the applicant is proposing two detached units.