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File #: 13-1144   
Type: Zoning Case
In control: City Council A Session
On agenda: 12/19/2013
Posting Language: ZONING CASE # Z2014013 (District 1): An Ordinance amending the Zoning District Boundary from "C-3R H HS AHOD" Historic Significant General Commercial Restrictive Alcoholic Sales Lavaca Historic Airport Hazard Overlay District to "C-2 IDZ H HS AHOD" Historic Significant Commercial Infill Development Zone Lavaca Historic Airport Hazard Overlay District on 0.0653 of an acre out of Lot 15, NCB 903 located at 727 South Alamo Street. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-013, 2. Z2014013, 3. Case 13-1144 Z2014013 DRAFT ORDINANCE, 4. Ordinance 2013-12-19-0928
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 1
 
SUBJECT:
Zoning Case Z2014013
 
SUMMARY:
Current Zoning: "C-3R H HS AHOD" Historic Significant General Commercial Restrictive Alcoholic Sales Lavaca Historic Airport Hazard Overlay District
 
Requested Zoning: "C-2 IDZ H HS AHOD" Historic Significant Commercial Infill Development Zone Lavaca Historic Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: November 19, 2013
Case Manager: Pedro Vega, Planner
Property Owner: Francisco J. Velazquez
Applicant: Francisco J. Velazquez
Representative: Francisco J. Velazquez
Location: 727 South Alamo Street
Legal Description: 0.0653 of an acre out of Lot 15, NCB 903
Total Acreage: 0.0653    
 
Notices Mailed
Owners of Property within 200 feet: 20
Neighborhood Associations: Lavaca Neighborhood Association
Planning Team Members: 12-Lavaca Neighborhood Plan
Applicable Agencies: Office of Historic Preservation
 
Property Details
Property History:  The subject property is located within the city limits as recognized in 1938 and was originally zoned "I" Business District. In a 1991 City-initiated large-area case, the property was rezoned to "B-3R" Restrictive Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "C-3R" General Commercial Restrictive Alcoholic Sales District. The property is developed with a commercial structure measuring approximately 2,996 square feet that was built in 1925. The property is not platted in its current configuration.   
 
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, West and South
Current Base Zoning: "C-3R" and "C-3"
Current Land Uses: Retail Center, Restaurant, Art Gallery and Studio, Offices, Banquet Hall, Hotel, Car Rental and Auto Repair                       
 
Direction: East
Current Base Zoning: "C-2" "C-3R", "RM-4" and "O-2"
Current Land Uses:  Offices, Retail Center, Art Gallery and Single-Family Dwellings                      
 
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.
 
The surrounding properties are located in the Lavaca Historic District, which was adopted in 2001, and was subsequently expanded in 2002 and 2004.  Historic districts do not regulate use of the property, but do enforce building exterior design standards meant to maintain the architectural character or cultural significance of the designated area.  Building plans and permit applications will be subject to review by the Office of Historic Preservation and the Historic and Design Review Commission (HDRC) prior to any permits being issued.
 
A number of surrounding properties carry the "HS" Historic Significant landmark designation, signifying the historic architectural character or cultural significance of the structure or location.  Historic Landmark designations do not affect the possible uses of the property, but do regulate the exterior aesthetic of the structure. The "HS" Historic Significant designation on the subject property was approved in 1988.
 
Transportation
Thoroughfare: South Alamo Street             
Existing Character: Secondary Arterial; 2 lanes in each direction with sidewalks
Proposed Changes: None known
 
Thoroughfare: South Presa Street            
Existing Character: Local Street; 1 lane in each direction with sidewalks   
Proposed Changes: None known
 
Public Transit: The closest VIA bus lines are numbers 32, 36 and 42 which operate along South Alamo Street, with multiple stops near the subject property
 
Traffic Impact: A Traffic Impact Analysis (TIA) is not required.  "IDZ" Infill Development Zone is exempt from the TIA requirement.   
 
Parking Information: Off-street vehicle parking requirements are typically determined by type and size of the use.  The rezoning application refers to a proposed restaurant use.
 
Food-Restaurant or Cafeteria-Minimum Parking Requirement: 1 space per 100 square feet of Gross Floor Area (GFA).  Maximum Parking Requirement: 1 space per 40 square feet of GFA.  
 
"IDZ" waives all off-street vehicle parking requirements.  
 
ISSUE:
None
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current commercial zoning; restricting future land uses to those permissible in a "C-3R" zoning district.
 
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 Lavaca Neighborhood Plan and is currently designated as Mixed Use in the future land use component of the plan.  The requested "C-2" base zoning district is consistent with the adopted land use designation.  
 
2. Adverse Impacts on Neighboring Lands:  
Staff finds no likely adverse impact on the surrounding neighborhood related to the zoning change request. The site is located in an area with a mix of commercial, offices and single-family dwellings.
 
3. Suitability as Presently Zoned:  
Both the current "C-3R" and proposed "C-2" are both appropriate for the subject property.  The existing "C-3R" is consistent with surrounding zoning and development.  The requested base zoning district change is meant to allow the sale of alcohol for on-premise consumption in conjunction with food sales.  The request to add the "IDZ" overlay district is meant to waive the off-street parking requirements for the small parcel.
 
4. Health, Safety and Welfare:  
Staff has found no indication of a likely negative influence on public health, safety or welfare in relation to this zoning change request.  Although the "IDZ" overlay waives off-street parking requirements, the property is located in an area well-severed by public transit.  Pedestrian-friendly, walk-able development is encouraged in the Lavaca area.
 
5. Public Policy:  
The property is located within the Inner City Reinvestment Policy (ICRIP) area.  The purpose of the ICRIP is to promote growth and development in the inner city, specifically in areas that are currently served by public infrastructure and transit, but underserved by residential and commercial real estate markets.
 
6. Size of Tract:  
The subject property is 0.0653 of an acre in size and appears to be of sufficient size to accommodate the proposed uses with the flexibility offered by the "IDZ" district.
 
7. Other Factors:  
None.