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File #: 14-2860   
Type: Zoning Case
In control: City Council A Session
On agenda: 12/4/2014
Posting Language: ZONING CASE # Z2015007 (District 2): An Ordinance amending the Zoning District Boundary from "AE-3 HS AHOD" Historic Significant Arts and Entertainment-3 Airport Hazard Overlay District to "IDZ HS AHOD" Historic Significant Infill Development Zone Airport Hazard Overlay District with uses permitted in "D" Downtown District on Lots 1 & 2 and all of Lots 3-18, Block 1, NCB 595; All of Lots 1-18, Block A, NCB 593 located at 1617 and 1631 East Commerce Street. Staff and Zoning Commission recommend approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Z2015007, 4. DRAFT ORDINANCE, 5. Ordinance 2014-12-04-0981
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 2
 
SUBJECT:
Zoning Case Z2015007
 
SUMMARY:
Current Zoning:  "AE-3 HS AHOD" Historic Significant Arts and Entertainment-3 Airport Hazard Overlay District
 
Requested Zoning:  "IDZ HS AHOD" Historic Significant Infill Development Zone Airport Hazard Overlay District with uses permitted in "D" Downtown District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  November 4, 2014
 
Case Manager:  Krystin Ramirez, Planner
 
Property Owner:  Friedrich Lofts, Ltd. (by Millennium Urban Village, Inc., General Partner, by John Miller, President)
 
Applicant:  Friedrich Lofts, Ltd. (by Millennium Urban Village, Inc., General Partner, by John Miller, President)
 
Representative:  Brown & Ortiz, P. C. (James McKnight)
 
Location:  1617 and 1631 East Commerce Street
 
Legal Description:  Lots 1 & 2 and all of Lots 3-18, Block 1, NCB 595; All of Lots 1-18, Block A, NCB 593
 
Total Acreage:  5.886
 
Notices Mailed
Owners of Property within 200 feet:  33
Registered Neighborhood Associations within 200 feet:  Dignowity Hill Neighborhood Association
Planning Team:  Dignowity Hill Planning Team - 23
Applicable Agencies:  Office of Historic Preservation
 
Property Details
Property History:  The subject property is located within the original city limits as established in 1938, and was originally zoned "J" Commercial District. A 1999 rezoning case designated the property as Historic Significant and in 2005 City Council approved to change the zoning from "I-1 HS" Historic Significant General Industrial District to "IDZ HS" Historic Significant Infill Development Zone District. In 2009, a large area rezoning case, which established an Arts and Entertainment District, designated the property as an "AE-3" Arts and Entertainment District.
 
Additionally, in the September 17, 2014 Historic and Design Review Commission (HDRC) meeting, the commission approved that the portions of the property may be retained and the remaining portions may be demolished or are deemed non-contributing. Furthermore, any redesign or demolishment requires future approval of HDRC.
 
Topography:  The property does not include any abnormal physical features such as slope or inclusion in a floodplain.
 
Adjacent Zoning and Land Uses
Direction:  North
Current Base Zoning:  "RM-4"
Current Land Uses:  Vacant
 
Direction:  East
Current Base Zoning:  "R-4 S HS" and "R-4 HS"
Current Land Uses:  Historic city cemeteries
 
Direction:  South
Current Base Zoning:  "AE-1"
Current Land Uses:  Retail center, motel/inn, restaurant, auto repair and vacant land
 
Direction:  West
Current Base Zoning:  "RM-4 H", "AE-1 S", "AE-1", "AE-1 HS"
Current Land Uses:  Carver Center complex, parking lot, office and vacant commercial
 
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.
 
Properties to the east and west of the subject property are Historically Significant.  Although the historic district does not restrict possible uses, it does require all construction plans be reviewed and approved by the City's Historic and Design Review Commission (HDRC).  
 
Transportation
Thoroughfare:  East Commerce Street
Existing Character:  Primary Arterial Type B; two lanes, a bike lane and sidewalks in each direction
Proposed Changes:  None known
 
Thoroughfare:  North Pine Street
Existing Character:  Local street; two lanes in each direction with sidewalks on each side
Proposed Changes:  None known
 
Thoroughfare:  North Olive Street
Existing Character:  Local street; two lanes in each direction with sidewalks on each side
Proposed Changes:  None known
 
Public Transit:  The nearest VIA bus lines are 25 and 225, which operate along East Commerce Street.   
 
Traffic Impact:  A Traffic Impact Analysis (TIA) report is not required.  Infill Development Zone districts are exempt from a TIA report.
 
Parking Information:  The "IDZ" Infill Development Zone District eliminates off-street parking requirements.
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current "AE-3" zoning designation.
 
FISCAL IMPACT:
None. The zoning request is eligible for the Inner City Reinvestment Infill Policy fee waiver. The Development Services Department fees will be reimbursed through grant funding.
 
RECOMMENDATION:
Staff and Zoning Commission (8-0) 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 Dignowity Hill Plan and is currently designated as High-Density Mixed Use in the future land use component of the plan.  The requested "IDZ" base zoning district is consistent with this designation. The proposed integration of commercial, office and multi-family residential uses is appropriate along this Primary Arterial Type B. Moreover, redevelopment of a historic property, such as the Friedrich Building, will encourage revitalization along the corridor and increase inner city housing availability.
 
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 "AE-3" base zoning district is appropriate for the subject property due to its location near the downtown area. However, the actual historic structure on the subject property would be better suited for mixed use rather than solely supporting an arts and entertainment venue.
 
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 any public policy objective.
 
6.  Size of Tract:
The subject property totals 5.886 acres in size, which should reasonably accommodate the uses permitted in "IDZ".  
 
7.  Other Factors:
Any proposed designs or permissions for demolition will need to be reviewed by the Historic and Design Review Commission. Furthermore, the redesign should retain the historic character of the Friedrich Building and the Dignowity Neighborhood but any redevelopment of the property will benefit the area as a whole.