DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 2
SUBJECT:
Zoning Case Z2014209
SUMMARY:
Current Zoning: "AE-1 AHOD" Arts and Entertainment-1 Airport Hazard Overlay District
Requested Zoning: "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with Multi-Family Residential Uses not to exceed 55 Units per Acre
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: August 5, 2014
Case Manager: Brenda V. Martinez, Planner
Property Owner: Innercity Enterprises I, LLP (by Charles Hunt, Partner; and Oscar Eason, Jr., Partner)
Applicant: Merced Housing Texas (Susan R. Sheeran)
Representative: Kimley-Horn & Associates, Inc. (Stephen C. Gose, P. E.)
Location: 1602 East Commerce Street and 305 Omaha Street
Legal Description: Lots 11 and 37, Block 4, NCB 600
Total Acreage: 0.605
Notices Mailed
Owners of Property within 200 feet: 39
Registered Neighborhood Associations within 200 feet: Denver Heights Neighborhood Association; the Dignowity Hill Neighborhood Association is located within 200 feet.
Planning Team: Downtown Neighborhood Plan - 10
Applicable Agencies: None
Property Details
Property History: The subject property is located within the City Limits as they were recognized in 1938, and was originally zoned under the 1938 zoning code. In a 1993 large-area case, the property was rezoned to "R-2" Two Family Residence District and "B-3" Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to "RM-4" Residential Mixed District and "C-3" General Commercial District. In a 2006 case, the property was rezoned to "MF-33 IDZ CD" Multi-Family Infill Development Zone District with a Conditional Use for Multi-Family Dwellings not to Exceed 90 Units per Acre. In a 2008 case, the property was rezoned to "AE-1" Arts and Entertainment District-1. The subject property consists of two platted lots. The site is currently developed with two commercial structures and a residential structure. The commercial structure located on East Commerce Street measures 5,771 square feet and was constructed in 1952. The second commercial structure measures 4,284 square feet and was also constructed in 1952. The residential structure located on Omaha Street measures 1,009 square feet and was constructed in 1900.
The property owner is proposing to construct a thirty-three unit multi-family development with a parking garage for the elderly.
Topography: The property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: "AE-3"
Current Land Uses: Office/Warehouse
Direction: South
Current Base Zoning: "AE-2"
Current Land Uses: Single-Family Residences and Undeveloped Land
Direction: East
Current Base Zoning: "AE-1"
Current Land Uses: Office
Direction: West
Current Base Zoning: "AE-1" and "AE-2"
Current Land Uses: Duplex, Single-Family Residences, Vacant Commercial Building and a Hotel
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: East Commerce Street
Existing Character: Primary Arterial Type B Street; 2 lanes in each direction
Proposed Changes: None known
Thoroughfare: Omaha Street and South Olive Street
Existing Character: Local Streets; 1 lane in each direction
Proposed Changes: None known
Public Transit: The nearest VIA buslines are the number 25 line and 225 line, which operate along East Commerce Street and South Olive Street.
Traffic Impact: "IDZ" zoning is exempt from TIA requirements.
Parking Information: Off-street vehicle parking requirements for multi-family residential uses are determined by the total number of dwelling units. Minimum Requirement: 1.5 spaces per unit. Maximum Requirement: 2 spaces per unit.
The "IDZ" Infill Development Zone District eliminates off-street vehicle parking requirements.
ISSUE:
None.
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current Arts and Entertainment District-1, which will still allow a multi-family development at a lesser density than what the applicant is seeking.
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 (9-0) recommend approval.
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The property is located within the Downtown Neighborhood Plan and is currently designated as "Mixed Use" in the Future Land Use Plan. The requested "IDZ" base zoning district is consistent with the adopted future land use designation.
One of the long term goals of the Downtown Neighborhood Plan is to "develop East Commerce Street as a mid-rise, metropolitan boulevard to connect the Eastside Cemeteries to UTSA with cultural and historical walkways, mixed-uses, and landscape improvements".
2. Adverse Impacts on Neighboring Lands:
Staff has found no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The "IDZ" zoning district is meant to provide flexible standards for the development and reuse of underutilized parcels. Further, the "IDZ" district includes design criteria intended to create infill development that is proportional to surrounding development.
3. Suitability as Presently Zoned:
Both the existing and requested zoning are appropriate for the subject property. The current "AE-1" zoning designation allows multi-family residences at 40 units per acre. The property measures 0.605 of an acre, which equates to approximately 24 dwellings. The applicant is proposing a total of 33 dwellings, thus the request for increased density. Staff believes the proposed use will be compatible with the surrounding land uses and overall character of the area. Increased residential density is often appropriate along arterial thoroughfares and in the near-downtown area.
4. Health, Safety and Welfare:
Staff has found no evidence of likely negative impacts on public health, safety or welfare related to the zoning request. The "IDZ" district is meant to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings or structures, within existing built-up areas.
5. Public Policy:
The subject property and the proposed development meet the criteria of the Inner City Reinvestment Infill Policy (ICRIP). This policy provides development fee waivers to applicants and grant funded reimbursement for city departments, in an effort to encourage redevelopment of under-utilized urban properties.
6. Size of Tract:
The subject property is 0.605 of an acre and appears to be of sufficient size to accommodate the proposed development with the flexibility offered by the "IDZ" district.
7. Other Factors:
The applicant is currently working with DSD Management to incorporate the "AE-1" Arts and Entertainment District design standards into the proposed development. According to UDC Section 35-343(m)(2) Alternative Designs, the applicant may submit alternative building design plans as an alternative to the compatible design requirements listed in Section 35-343(m)(1). In this case, incorporating the "AE-1" district standards will meet the intent of the "IDZ" district, while maintaining consistency with the other "AE-1" zoning in the area.