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File #: 19-6010   
Type: Zoning Case
In control: City Council A Session
On agenda: 8/22/2019
Posting Language: ZONING CASE Z-2019-10700110 CD (Council District 1): Ordinance amending the Zoning District Boundary from "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District to "R-5 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for three (3) residenital units on Lot 65, NCB 11890, located at 367 Everest Avenue. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Ordinance 2019-08-22-0668

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 1

 

SUBJECT:

Zoning Case Z-2019-10700110 CD

 

SUMMARY:

Current Zoning:  "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District

 

Requested Zoning:  "R-5 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for three (3) residential units

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  July 2, 2019

 

Case Manager:  Mirko Maravi, Planner

 

Property Owner:  Juan J. Cruz

 

Applicant:  Juan J. Cruz

 

Representative:  Kaufman & Killen, Inc.

 

Location:  367 Everest Avenue

 

Legal Description:  Lot 65, NCB 11890

 

Total Acreage:  0.22

 

Notices Mailed

Owners of Property within 200 feet:  22

Registered Neighborhood Associations within 200 feet:  None

Applicable Agencies:  None

 

Property Details

Property History:  The property was annexed into the City of San Antonio by Ordinance 3959, dated September 5, 1946 as an “A” Temporary Residence District.  The property was rezoned from “A” Temporary Residence District to “A” Single Family Residence District by Ordinance 24621, dated March 7, 1957.  Under the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001, the property zoned “A” Single Family Residence District converted to the current “R-5” Residential Single-Family District.

                     

Topography:  The property does not include any abnormal physical features such as slope or incursion in a flood plain.

 

Adjacent Base Zoning and Land Uses

Direction:  North

Current Base Zoning:  “R-5”

Current Land Uses:  Single Family Residence

 

Direction:  South

Current Base Zoning:  “R-5”

Current Land Uses:  Single Family Residence

 

Direction:  East

Current Base Zoning:  “R-5”

Current Land Uses:  Single Family Residence

 

Direction:  West

Current Base Zoning:  “MF-33”

Current Land Uses:  Apartments

 

 

Overlay and Special District Information: 

"AHOD"

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:  Everest Ave

Existing Character:  Local

Proposed Changes:  None Known

 

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

Routes Served: 9, 647

 

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 for a dwelling with 4 families is 1.5 spaces 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-5”.  These districts provide areas for medium- to high-density, single-family residential uses where adequate public facilities and services exist with capacity to serve development. These districts are composed mainly of areas containing single-family dwellings and open area where similar residential development seems likely to occur. Residential single-family provides minimum lot size and density requirements in order to preserve neighborhood character.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is within the Greater Airport Area Regional Center and not located within the 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 San Antonio International Airport Vicinity Land Use Plan and is currently designated as “Low Density Residential” in the future land use component of the plan. The requested “R-5” base zoning district is consistent with the future land use designation.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff does not find evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.  The lot is 9,593 square feet which can accommodate three single-family residences in a slightly denser “R-3” base zoning district and matches use to a property to the south.

 

3.  Suitability as Presently Zoned: 

The current “R-5” Residential Single-Family District is an appropriate zoning for the property and surrounding area. The proposed “CD” Conditional Use allows consideration for additional density specifically for three (3) residential units.  The applicant can have two (2) residential units as long as the primary unit is owner occupied.

 

4.  Health, Safety and Welfare: 

Staff has not found 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 San Antonio International Airport Vicinity Land Use Plan which promotes:

 

“Low Density Residential”: Single-family homes and accessory dwellings on a single lot.

 

Objective 1.1 Protect integrity of exiting residential neighborhoods and prevent excessive noise pollution and other airport hazards

 

6.  Size of Tract: 

The subject property is 0.22 acres, which can accommodate residential dwellings.

 

7.  Other Factors: 

The Conditional Use zoning procedure is designed to provide for a land use that is not permitted by the established zoning district, but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.