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File #: 17-3165   
Type: Zoning Case
In control: City Council A Session
On agenda: 5/16/2017
Posting Language: ZONING CASE # Z2017152 S (Council District 2): A request for a change in zoning from "AE-2 AHOD" Arts and Entertainment Airport Hazard Overlay District to "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "AE-2" Arts and Entertainment District and a Bank on Lots 1 and 2, Block 1, NCB 1385, located at 118 S. Hackberry and 406 Idaho Street. Staff recommends Approval.
Attachments: 1. Location Map, 2. Z2017152 Site Plan
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2017152 S

 

SUMMARY:

Current Zoning: "AE-2 AHOD" Arts and Entertainment Airport Hazard Overlay District

 

Requested Zoning: "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "AE-2" Arts and Entertainment District and a Bank

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  May 16, 2017

 

Case Manager:  Angela Cardona, Planner

 

Property Owner: Malley Investments, LLC

 

Applicant: Malley Investments, LLC

 

Representative: Patrick Christensen

 

Location:  118 S. Hackberry and 406 Idaho Street

 

Legal Description: Lots 1 & 2, Block 1, NCB 1385

 

Total Acreage: 0.207 acres

 

Notices Mailed

Owners of Property within 200 feet: 34

Registered Neighborhood Associations within 200 feet: Denver Heights Neighborhood Association and Alamo Gardens Neighborhood Association

Applicable Agencies: None

 

Property Details

Property History:  The subject property is part of the original 36 square miles. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current “RM-4” Residential Mixed District. The property was rezoned to “AE-2 ” Arts and Entertainment District, which was established by Ordinance 2008-12-04-1128, dated December 4, 2008.

                     

Topography: The property does not include any abnormal physical features such as slope or inclusion in a floodplain.

 

Adjacent Base Zoning and Land Uses

Direction: North

Current Base Zoning:  AE-1 S, AE-1

Current Land Uses:  Residential

 

Direction: East

Current Base Zoning:  AE-2

Current Land Uses:  Residential

 

Direction: South

Current Base Zoning:  AE-2

Current Land Uses:  Residential

 

Direction:  West

Current Base Zoning:  AE-2

Current Land Uses:  Residential

                     

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:  South Hackberry

Existing Character:  Secondary Arterial Type B

Proposed Changes:  None known

 

Thoroughfare:  East Commerce

Existing Character:  Primary Arterial Type B

Proposed Changes:  None known

 

Public Transit: The nearest VIA bus route is #28 and the #25 is within walking distance of the subject property.

 

Traffic Impact:  A Traffic Impact Analysis is not required. “IDZ” is exempt from the Traffic Impact Analysis requirement. 

 

Parking Information: The “IDZ” Infill Development Zone District waives off-street vehicle parking requirements

 

ISSUE:

None

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation.

 

FISCAL IMPACT:

None

RECOMMENDATION:

Staff Analysis and Recommendation: Staff recommends 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. The proposed base zoning district of “IDZ” with uses permitted in “AE-2” is consistent with the current land use designation. 

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request, as the request is located on a corner lot and appropriate adjacent to the residential uses. 

 

3.  Suitability as Presently Zoned: 

The current “AE-2” base zoning district is appropriate for the surrounding area. The proposed use is consistent with the recommended uses for a corner lot within the AE District.

 

4.  Health, Safety and Welfare: 

Staff has found no indication of likely adverse effects on the public health, safety, or welfare.

 

5.  Public Policy: 

As the request is consistent with the Downtown Neighborhood Plan, staff finds that the request is not contrary to any stated public policy objective.

 

6.  Size of Tract: 

The 0.207 acre tract should accommodate the proposed use for a bank.

 

7.  Other Factors: 

The applicant proposes a bank on the subject property. The request to rezone the subject property is a compatible land use for the area.

 

Infill Development Zone (IDZ) provides flexible standards for developments.  IDZ is to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings of structures, within existing built-up areas. IDZ may be approved as either a base zoning district or an overlay zoning district.  Standards required in an IDZ district shall apply to either IDZ base zoning or the IDZ overlay district except where otherwise specifically stated.  Typically IDZ gives flexibility to parking requirements, lots sizes, and setbacks.