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File #: 14-1295   
Type: Zoning Case
In control: City Council A Session
On agenda: 6/19/2014
Posting Language: ZONING CASE # Z2014172 S (District 1): An Ordinance amending the Zoning District Boundary from "D H HE RIO-3 AHOD" Historic Exceptional Downtown Auditorium Circle/Veterans Memorial Plaza Historic River Improvement Overlay-3 Airport Hazard Overlay District to "D S H HE RIO-3 AHOD" Historic Exceptional Downtown Auditorium Circle/Veterans Memorial Plaza Historic River Improvement Overlay-3 Airport Hazard Overlay District with a Specific Use Authorization for Performing Art Center - Digital Display Monitor on Lot 16, NCB 180 located at 100 and 115 Auditorium Circle. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-172.pdf, 2. Z2014172 S, 3. Z2014172 S_Site Plan.pdf, 4. 14-1295 Z2014172 S DRAFT ORDINANCE, 5. Ordinance 2014-06-19-0483
DEPARTMENT: Development Services       
 
DEPARTMENT HEAD: Roderick Sanchez
      
COUNCIL DISTRICTS IMPACTED: Council District 1
 
SUBJECT:
Zoning Case Z2014172 S
 
SUMMARY:
Current Zoning:  "D H HE RIO-3 AHOD" Historic Exceptional Downtown Auditorium Circle/Veterans Memorial Plaza Historic River Improvement Overlay-3 Airport Hazard Overlay District
 
Requested Zoning:  "D S H HE RIO-3 AHOD" Historic Exceptional Downtown Auditorium Circle/Veterans Memorial Plaza Historic River Improvement Overlay-3 Airport Hazard Overlay District with a Specific Use Authorization for Performing Art Center - Digital Display Monitor
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  June 03, 2014
 
Case Manager:  Trenton Robertson, Planner
 
Property Owner:  Bexar County Performing Arts Foundation/DBA  Tobin Center for the Performing Arts
 
Applicant:  Michael Fresher, President and CEO - Bexar County Performing Arts
Foundation/DBA Tobin Center for the Performing Arts
 
Representative:  Michael Fresher, President and CEO - Bexar County Performing Arts Foundation/DBA Tobin Center for the Performing Arts
 
Location:  100 and 115 Auditorium Circle
 
Legal Description:  Lot 16, NCB 180
 
Total Acreage:  3.814
 
Notices Mailed
Owners of Property within 200 feet:  25
Registered Neighborhood Associations within 200 feet:  Downtown Residents Association                                                      
Planning Team:  Downtown Neighborhood Plan-67
Applicable Agencies:  The 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" Industrial District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to "I-1" General Industrial District.  In a 2003 case, the property was rezoned to "D" Downtown District.  The subject property was platted into its current configuration in 2012 (volume 9643, page 172 of the Deed and Plat Records of Bexar County, Texas).  Currently, the subject property is being developed as a performing arts center.
 
Topography:  The subject property does not include any abnormal physical features such as significant slope or inclusion in a flood plain, however the subject property is abutting the riverwalk to the north.  
 
Adjacent Base Zoning and Land Uses
Direction:  North
Current Base Zoning:  "D"
Current Land Uses:  Hotel, television station, fire departments, professional office, bank, park, parking lot, multi-family dwelling, church, restaurant and vacant
 
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.
All surrounding properties carry the "RIO" River Overlay District, due to their proximity to the San Antonio River.  The purpose of these districts is to establish regulations to protect, preserve and enhance the San Antonio River and its improvements by establishing design standards and guidelines.
 
Transportation
Thoroughfare:  Richmond Avenue, Avenue A, Taylor Street, Jefferson Street, Convent, Wagner Arc, Navarro Street and Auditorium Circle
Existing Character:  Local; one to two lanes in each direction with sidewalks
Proposed Changes:  None known
 
Thoroughfare:  Lexington and 4th Street
Existing Character:  Arterial Type C; two lanes in each direction with sidewalks
Proposed Changes:  None known
 
Thoroughfare:  East Martin Street
Existing Character:  Primary Arterial Type A; two lanes in each direction with sidewalks
Proposed Changes:  None known
 
Public Transit:  Via bus lines 3, 4, 5, 8, 90, 95, 96, 97, 204, 289 and 296 operate along North St. Mary's (north of the subject property); and Via bus line 305 operates along Lexington Avenue and 4th Street
 
Traffic Impact:  A Traffic Impact Analysis is not required.  The "D" Downtown District is exempt from TIA requirements.  
 
Parking Information:  Theater (indoor with 2 or less screens and/or stages) - Minimum Parking Requirement: 1 per 6 seats. Maximum Parking Requirement: 1 per 4 seats.
 
The "D" Downtown District is exempt from the off-street parking facilities provisions.  
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the current "D" Downtown zoning designation prohibiting the proposed Digital Display Monitor.
 
FISCAL IMPACT:
None.  The applicant has paid the required zoning fees.  
 
RECOMMENDATION:
Staff and Zoning Commission (7-0) 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 Plan and is currently designated as Mixed-Use Center in the future land use component of the plan.  The requested "D" zoning district is consistent with the adopted land use designation.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff finds no adverse impacts on neighboring lands.  The subject property is located in an area accustomed and situated for more intense uses and a higher volume of traffic.  The proposed Performing Art Center - Digital Display Monitor will not impede on the uses of neighboring properties.  The proposed use will coincide with the existing uses in the area.    
 
3.  Suitability as Presently Zoned:  
The subject property is well suited for the existing zoning.  The Downtown District provides concentrated retail, service, office and mixed uses in the existing central business districts. Performing Art Centers are permitted, but require a specific use authorization.  However, the requested Specific Use Authorization for an outdoor Digital Display Monitor will continue to maintain the unique character of the center and surrounding area.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely negative influence on public health, safety or welfare in relation to this zoning change request.  
 
5.  Public Policy:  
The request does not appear to conflict with any public policy objective.  
 
6.  Size of Tract:  
The subject property is 3.814 acres, which should be able to reasonably accommodate the proposed use. The applicant has submitted a site plan in order to comply with the Specific Use Authorization requirements.                          
 
7.  Other Factors:  
None.