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File #: 14-1293   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/19/2014
Posting Language: ZONING CASE # Z2014129 (District 5): An Ordinance amending the Zoning District Boundary from "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "MF-50" Multi-Family District and "C-2" Commercial District to "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "C-2" Commercial District and multi-family residential uses not to exceed 110 units per acre on Lots 14, 15, 16, 17, 18, A-19 and A-20, NCB 2569 located on portions of the 300 and 400 Blocks of East Cevallos Street and Clay Street. Staff and Zoning Commission recommend approval pending the plan amendment. (Associated Plan Amendment Case 14043)
Attachments: 1. Z2014-129, 2. Z2014129, 3. Z2014129_Site Plan, 4. 14-1293 Z2014129 DRAFT ORDINANCE, 5. Ordinance 2014-06-19-0489
Related files: 14-1259
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 5
 
SUBJECT:
Zoning Case Z2014129
 
SUMMARY:
Current Zoning: "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "MF-50" Multi-Family District and "C-2" Commercial District
 
Requested Zoning: "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "C-2" Commercial District and Multi-Family Residential Uses not to exceed 110 units per acre
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:      May 20, 2014
 
Case Manager: Brenda V. Martinez
 
Property Owner: Probandt-Clay, Ltd. (by Robert Richardson, President, Regent Intown, Inc., General Partner)
 
Applicant: Probandt-Clay, Ltd. (by Robert Richardson, President, Regent Intown, Inc., General Partner)
 
Representative: Chad Carey
 
Location: Portions of the 300 and 400 Blocks of East Cevallos Street and Clay Street
 
Legal Description: Lots 14, 15, 16, 17, 18, A-19 and A-20, NCB 2569
 
Total Acreage: 2.301
                  
Notices Mailed
Owners of Property within 200 feet:  40
Registered Neighborhood Associations within 200 feet:  Lone Star Neighborhood Association; the King William Association is located within 200 feet.
Planning Team:  Lone Star Community Plan (No Planning Team)
Applicable Agencies: None
 
Property Details
Property History:  The subject property is currently vacant.  The property is located within the City Limits as they were recognized in 1938, and was originally zoned "L" First Manufacturing District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to "I-2" Heavy Industrial District.  In a 2006 large-area case, the property was rezoned to "IDZ" Infill Development Zone with uses permitted in "MF-25" Multi-Family District and "C-1" Light Commercial District.  In a 2007 case, the property was rezoned to "IDZ" Infill Development Zone with uses permitted in "MF-50" Multi-Family District and "C-2" Commercial District.
 
The property owner is proposing to construct a multi-family development which will consist of 212 dwelling units with a parking garage.        
 
Topography:  The subject 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: "I-2" and "MF-50 IDZ"
Current Land Uses: Apartments, Commercial Use, Vacant Land and a Restaurant/Bar
 
Direction: South   
Current Base Zoning: "I-2", "RM-5", "R-6" and "MF-25 IDZ"  
Current Land Uses: Bearings and Industrial Equipment, Apartments, Single-Family Residences and Vacant Land  
 
Direction: East   
Current Base Zoning: "C-2" and "I-1"  
Current Land Uses: Railroad Right-of-Way  
 
Direction: West   
Current Base Zoning: "R-4" and "IDZ"  
Current Land Uses: Single-Family Residences and Vacant Land  
 
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 Cevallos Street
Existing Character: Local Street; 1 lane in each direction with sidewalks    
Proposed Changes: None known  
 
Thoroughfare: Probandt Street   
Existing Character: Secondary Arterial Type A Street; 2 lanes in each direction  
Proposed Changes: None known
 
Thoroughfare: Clay Street   
Existing Character: Local Street; 1 lane in each direction without sidewalks
Proposed Changes: None known
 
Public Transit:  The nearest VIA bus lines are the number 46 and 246 lines, which operate along East Cevallos Street and Probandt Street.  
 
Traffic Impact:  The Traffic Impact Analysis has been waived for the following reason: IDZ is exempt from TIA requirements.
 
Parking Information: Off-street vehicle parking requirements for residential uses are determined by the number of dwelling units:
 
Multi-Family Dwellings - Minimum Parking Requirement: 1.5 spaces per unit; Maximum Parking Requirement: 2 spaces per unit.  
 
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 returning the current 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 (7-1) recommend approval pending the plan amendment.
 
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 Lonestar Community Plan and is currently designated as "Low Density Mixed Use" in the Future Land Use Plan.  A plan amendment has been initiated to change the land use designation on the subject property to "High Density Mixed Use".  Staff and Planning Commission recommend approval of the plan amendment request.  
 
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.  Staff believes the proposed use will be compatible with the surrounding land uses and overall character of the 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 2.301 acres and appears to be of sufficient size to accommodate the proposed development with the flexibility offered by the "IDZ" district.
 
7.  Other Factors:  
None.