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File #: 14-609   
Type: Zoning Case
In control: City Council A Session
On agenda: 4/3/2014
Posting Language: ZONING CASE # Z2014094 S (District 2): An Ordinance amending the Zoning District Boundary from "RM-4 H AHOD" Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District and "RM-4 CD H AHOD" Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District with a Conditional Use for a Triplex to "C-1 S H AHOD" Light Commercial Dignowity Hill Historic Airport Hazard Overlay District with a Specific Use Authorization for a Parking Lot - Noncommercial Parking Lot Requiring Demolition of a Dwelling Unit on Lots 2, 3, 4, 5, 6, 7, and the east 72.33 feet of Lots 8 and 9, the east 1/2 of Block 7, NCB 584 located at 301, 305, 309, 313, 315, 319, 323, & 327 North Olive Street. Staff and Zoning Commission recommend approval, pending plan amendment. (Associated Plan Amendment # 14026)
Attachments: 1. Z2014094 S, 2. Zoning Map, 3. CARVER-PARKING-SITE PLAN, 4. Z2014094 S_Initiating Resolution, 5. Draft Ordinance, 6. Ordinance 2014-04-03-0212
Related files: 14-606
DEPARTMENT: Development Services Department      
 
DEPARTMENT HEAD: Roderick J. Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 2
 
SUBJECT:
Zoning Case Z2014094 S
 
SUMMARY:
Current Zoning:  "RM-4 H AHOD" Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District, and "RM-4 CD H AHOD" Residential Mixed Dignowity Hill Historic Airport Hazard Overlay District with a Conditional Use for a Triplex
 
Requested Zoning:  "C-1 S H AHOD" Light Commercial Dignowity Hill Historic Airport Hazard Overlay District with a Specific Use Authorization for a Noncommercial Parking Lot Requiring Demolition of a Dwelling Unit
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  March 4, 2014
 
Case Manager: John Osten, Senior Planner
 
Property Owner: City of San Antonio and IDEA Public Schools
 
Applicant: City of San Antonio
 
Representative: City of San Antonio
 
Location: 301, 305, 309, 313, 315, 319, 323 and 327 North Olive Street
 
Legal Description: Lots 2, 3, 4, 5, 6, 7, and the east 72.33 feet of Lots 8 and 9, the east 1/2 of Block 7, NCB 584
 
Total Acreage: 1.2020
 
Notices Mailed
Owners of Property within 200 feet:  33
Registered Neighborhood Associations within 200 feet: Dignowity Hill Neighborhood Association
Planning Team: Dignowity Hill Neighborhood Plan - 22
Applicable Agencies: City of San Antonio Transportation and Capital Improvements Department and the Office of Historic Preservation
 
Property Details
Property History:  The subject property is located within the City Limits as they were recognized in 1938, and was originally zoned "D" Apartment District under the 1938 zoning code.  In 1989, the subject property was rezoned to "R-2" Residential District as a part of a large-area rezoning case. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "RM" Residential Mixed District.  The subject property consists of eight individual parcels of which two of them are developed with single-family structures.
 
Topography:  The property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
 
Adjacent Zoning and Land Uses
Direction: North, East and South
Current Base Zoning: "RM-4 H"  
Current Land Uses: Single-Family Residential, Public/Institutional
 
Direction: West
Current Base Zoning: "RM-4 H", "C-1 H" and "C-3 H"
Current Land Uses: Single-Family Residential, Office Building
 
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: North Hackberry Street   
Existing Character: Secondary Arterial Type B Street; 2 lanes in each direction
Proposed Changes: None known  
 
Thoroughfare: East Commerce Street
Existing Character: Secondary Arterial Type A Street; 2 lanes in each direction  
Proposed Changes: None known
 
Thoroughfare: East Houston Street
Existing Character: Secondary Arterial Type B Street; 2 lanes in each direction
Proposed Changes: None known
 
Public Transit:  North Hackberry is served by route 516. East Commerce is served by route 25.  East Houston is served by route 24.  
 
Traffic Impact:  A Traffic Impact Analysis (TIA) is not required.
 
Parking Information:  Subject property will be developed as a noncommercial parking lot.
 
ISSUE:
None.
 
ALTERNATIVES:
Denial of the zoning request will result in the subject property retaining the existing residential zoning designation, and the proposed parking lot use will be prohibited.
 
FISCAL IMPACT:
None.
 
RECOMMENDATION:
Staff and Zoning Commission (10-0) recommend approval pending plan amendment.
 
Criteria for Review:  According to Section 35-421, zoning amendments shall be based on the approval criteria below.
 
1.  Consistency:
Subject property is located within the Dignowity Hill Neighborhood Plan and is currently designated as Low Density Residential in the future land use component of the plan. The zoning request is not consistent with the future land use designation. A master plan amendment has been submitted, requesting to change the land use designation to Low Density Mixed Use. Staff and Planning Commission recommend approval of the plan amendment request.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The subject property's location in a compact area bound by an arterial thoroughfare to the west, north and south makes the area appropriate for more intense uses.  
 
3.  Suitability as Presently Zoned:  
The existing "RM-4" zoning district is not suitable for the subject property.  These districts are composed mainly of areas containing a mixture of single-family, two-family and multi-family dwellings.
 
4.  Health, Safety and Welfare:  
Staff finds no evidence of likely negative impacts on public health, safety or welfare related to the proposed use.
 
5.  Public Policy:  
Should the plan amendment request be approved, the rezoning request does not appear to conflict with any public policy objective.  
 
6.  Size of Tract:  
The subject property is 1.202 acres and appears to be of sufficient size to accommodate the proposed use.
 
7.  Other Factors:  
The purpose of the Specific Use Authorization 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.
The construction of any parking lot which involves the replacement, demolition, or destruction of a dwelling unit shall not be undertaken unless and until a specific use authorization is approved. The specific use authorization shall be approved only if the following standards are met:
 
(1) The proposed conversion is located within an area classified as commercial, office, industrial, or similar classification in a land use plan adopted pursuant to section 35-420 of UDC; or
Should the plan amendment request be approved, the subject property will be located within an area classified as mixed-use which includes commercial and office uses.
 
(2) The structure proposed to be removed cannot reasonably be used or restored to habitable condition; or
The structure proposed to be removed does not meet the current building code standards and it has been classified as a noncontributing structure in the Dignowity Hill Historic District by the Office of Historic Preservation.
 
(3) The proposed parking is needed and there are no reasonable alternatives for the proposed parking lot for which the demolition is required; or
Staff found no other viable alternate location which can accommodate similar amount of parking space in the near proximity of the Carver Cultural Center.
 
(4) The proposed parking area will not promote residential disinvestment or promote further conversions of residences to nonresidential purposes.
Staff finds no indication of likely residential disinvestment or promotion of further conversions of residences to nonresidential purposes.