DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT: Zoning Case Z2021-10700012 CD
SUMMARY:
Current Zoning: "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District
Requested Zoning: "R-6 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for two (2) dwelling units
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: March 16, 2021
Case Manager: Lorianne Thennes, Planner
Property Owner: Israel Sanchez
Applicant: Israel Sanchez
Representative: Israel Sanchez
Location: 339 East French Place
Legal Description: Lot A7, NCB 1718
Total Acreage: 0.1684 acres
Notices Mailed
Owners of Property within 200 feet: 30
Registered Neighborhood Associations within 200 feet: Tobin Hill Community Association
Applicable Agencies: Fort Sam Houston
Property Details
Property History: The subject property is part of the original 36 square miles of the city and was originally zoned “B” Apartment District. The previous “B” district converted to the current “R-4” Residential Single-Family District in the zoning district conversion that accompanied the adoption of the 2001 UDC, according to Ordinance 93881 in May 2001.
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-6” and “C-3”
Current Land Uses: Single-family dwellings
Direction: East
Current Base Zoning: “C-3”
Current Land Uses: Facility Rx
Direction: South
Current Base Zoning: “R-6,” “RM-4” and “C-3”
Current Land Uses: Single-family dwellings, multi-family dwellings
Direction: West
Current Base Zoning: “R-6” and “RM-4”
Current Land Uses: Single-family dwellings
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: East French Place
Existing Character: Local
Proposed Changes: None
Public Transit: There are VIA bus routes within walking distance of the subject property.
Routes Served: 5, 8, 204
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 two dwelling units is one space per unit.
ISSUE: None.
ALTERNATIVES:
Current: The current “R-4” Residential Single-Family District provides 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.
Proposed: The proposed “R-6” Residential Single-Family District provides 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.
The proposed “CD” would allow for consideration of two dwelling units.
FISCAL IMPACT: None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is within a regional center and a 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 Midtown Area Regional Center Plan and is currently designated as “Urban Low Density Residential.” The requested “R-6” 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 current zoning is residential and will remain residential but allows consideration of a Conditional Use for an additional dwelling unit.
3. Suitability as Presently Zoned:
The current "R-4” Residential Single-Family is an appropriate zoning for the property and surrounding area. The current “R-4” zoning is the result of the conversion of “B” which allows a duplex by right. The proposed “R-6” Residential Single-Family maintains a residential zoning designation and the “CD” Conditional Use allows consideration of two (2) dwelling units, resulting in the same density as currently allowed.
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 Midtown Area Regional Center Plan:
Goal 4.1: Foster an appropriate mix, density, and orientation of land uses in each part of Midtown to maintain the character of unique places, such as the North St. Mary’s Street music culture
Goal 5.1: Offer a range of housing types and price-points to meet the diverse needs of residents such as, seniors, students, families, and others.
Goal 5.2: Conserve existing affordable housing and the existing diverse mix of housing types, and expand affordable housing options.
6. Size of Tract:
The subject property is 0.1684 acres, which could reasonably accommodate two (2) dwelling units.
7. Other Factors:
The subject property is located within the Fort Sam Houston Awareness Zone/Military Influence Area. In accordance with the signed Memorandum of Understanding, JBSA was notified of the proposed request. The Military has indicated that there are no objections to this request.
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.