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File #: 17-4013   
Type: Zoning Case
In control: Zoning Commission
On agenda: 7/18/2017
Posting Language: ZONING CASE # Z2017134 (Council District 2): A request for a change in zoning from "C-2 AHOD" Commercial Airport Hazard Overlay District, “C-2 HS AHOD” Commercial Historic Significant Airport Hazard Overlay, "O-1 AHOD" Office Airport Hazard Overlay District, "O-2 AHOD" High-Rise Office Airport Hazard Overlay District, "MF-33 AHOD" Multi-Family Airport Hazard Overlay District and "I-1 AHOD" General Industrial Airport Hazard Overlay District to "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District and “IDZ HS AHOD” Infill Development Zone Historic Significant Airport Hazard Overlay District with uses permitted in “RM-4” Residential Mixed District, “C-3” General Commercial District, and Multi-Family uses (apartments and/or condominiums) not to exceed 100 units per acre; as well as the following uses: Live-Work Units; Bar and/or tavern with cover charge 3 or more days per week; Nightclub with cover charge 3 or more days per week; Alcohol beverage manufacture or brewery; Hotel ...
Attachments: 1. Location Map, 2. Site Plan
Related files: 17-3885
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2017134

(Associated Plan Amendment 17043)

 

SUMMARY:

Current Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District, “C-2 HS AHOD” Commercial Historic Significant Airport Hazard Overlay, "O-1 AHOD" Office Airport Hazard Overlay District, "O-2 AHOD" High-Rise Office Airport Hazard Overlay District, "MF-33 AHOD" Multi-Family Airport Hazard Overlay District and "I-1 AHOD" General Industrial Airport Hazard Overlay District

 

Requested Zoning: "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in “RM-4” Residential Mixed District, “C-3” General Commercial, and Multi-Family uses (apartments and/or condominiums) not to exceed 100 units per acre; as well as the following uses: Live-Work Units; Bar and/or tavern with cover charge 3 or more days per week; Nightclub with cover charge 3 or more days per week; Alcohol beverage manufacture or brewery; Hotel taller than 35 feet; Beverage manufacture non-alcohol (including manufacturing and processing); Entertainment Venue (outdoor); Live Entertainment with and without cover charge 3 or more days per week (not including Food Service Establishments); Food Service Establishments with cover charge 3 or more days per week (with or without accessory live entertainment); and Beverage Manufacturing or Processing with Storage and Repair of Service Vehicles and Outside Storage (Open with No Screening including Shipping Container Storage) and "IDZ HS AHOD" Infill Development Zone Historic Significant Airport Hazard Overlay District with uses permitted in “RM-4” Residential Mixed District, “C-3” General Commercial, and Multi-Family uses (apartments and/or condominiums) not to exceed 100 units per acre; as well as the following uses: Live-Work Units; Bar and/or tavern with cover charge 3 or more days per week; Nightclub with cover charge 3 or more days per week; Alcohol beverage manufacture or brewery; Hotel taller than 35 feet; Beverage manufacture non-alcohol (including manufacturing and processing); Entertainment Venue (outdoor); Live Entertainment with and without cover charge 3 or more days per week (not including Food Service Establishments); Food Service Establishments with cover charge 3 or more days per week (with or without accessory live entertainment); and Beverage Manufacturing or Processing with Storage and Repair of Service Vehicles and Outside Storage (Open with No Screening including Shipping Container Storage)

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  July 18, 2017. This case was postponed from the June 20, 2017 Zoning Commission hearing.

 

Case Manager:  Nyliah Acosta

 

Property Owner:  San Antonio Independent School District

 

Applicant:  San Antonio Independent School District

 

Representative:  Brown & Ortiz, PC

 

Location:  Generally located along N. Alamo Street, Carson Street and Austin Street

 

Legal Description:  13.633 acres out of NCB 478, NCB 484, NCB 485, NCB 965, NCB 982, NCB 984, and NCB 1766

 

Total Acreage:  13.633

 

Notices Mailed

Owners of Property within 200 feet:  101

Registered Neighborhood Associations within 200 feet:  Government Hill Alliance Neighborhood Association and Downtown Residents Association

Applicable Agencies:  Office of Historic Preservation, Department of Planning and Community Development

 

Property Details

Property History: The subject properties were included in the original 36 square miles of the City of San Antonio and were zoned “K” Commercial District, “J” Commercial District, “D” Apartment District and “E” Office District. Upon adoption of the 2001 Unified Development Code, the previous “K” Commercial district converted to the current “I-1” General Industrial District. The previous “J” Commercial District converted to the current “I-1” General Industrial District. The previous “D” Apartment District converted to the current “MF-33” Multi-Family District, and the previous “E” Office district converted to the current “O-2” High Rise Office District. Later, a 2010 case, Ordinance 2010-11-04-0971, rezoned several properties generally located on Oleander and North Hackberry Street from “MF-33” to “O-1” Professional Office. In addition, the property located at 1312 Austin Street changed from “O-2” High Rise Office District to “C-2” Commercial District.

                     

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:  IDZ, I-1, C-2, RM-5, MF-18

Current Land Uses:  Vacant Lots, Restaurant, Church, Apartments, Single-Family Residences, Fourplex

 

Direction: West

Current Base Zoning:  IDZ, I-1, C-1 and C-3

Current Land Uses:  Apartments, Parking Lot, San Antonio Independent School District Facility, Auto Repair, Auto Sales, Office

 

Direction: South

Current Base Zoning:  RM-5, RM-6, MF-18, MF-33, C-1, C-2, and I-1

Current Land Uses:  Vacant Lot, Single-Family Residences, Movers, Multi-Family, Office, Parking Lot, and Culligan,

 

Direction:  East

Current Base Zoning:  R-6, RM-5, MF-18, MF-25, O-2,

Current Land Uses: Vacant Lots, Single-Family Residences, Triplex, Duplex, and Multi-Family

 

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:  Austin Street

Existing Character:  Local Road

Proposed Changes:  None Known

 

Thoroughfare:  North Alamo Street

Existing Character: Minor Arterial

Proposed Changes: None Known

 

Thoroughfare: Carson Street

Existing Character: Collector  

Proposed Changes:  None Known

 

Thoroughfare: North Hackberry Street

Existing Character: Minor Secondary Arterial  

Proposed Changes:  None Known

 

Public Transit: VIA route 9 and 20 are within walking distance from the subject properties

 

Traffic Impact: A Traffic Impact Analysis (TIA) is not required. Infill Development (IDZ) is exempt from TIA requirements 

 

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

 

ISSUE:

None.

 

ALTERNATIVES:

A denial of the request will result in the subject property retaining the current base zoning district.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is located within the Midtown Regional Center and is within ½ a mile of the Premium Transit Corridor on Broadway.

 

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 Government Hill Neighborhood Plan, and is currently designated as “Public Institutional” and “Mixed Use” in the future land use component of the plan.  The requested “IDZ” Infill Development Zone base zoning district is not consistent with the future land use designation. The applicant has requested a plan amendment to change the land use from “Public Institutional” and “Mixed Use” to “Mixed Use”. Staff and Planning Commission recommend Approval.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. This project is in conjunction with case Z2017155, Z2017166, and Z2017184 to rezone a large area for a mixed use project. This project will integrate and blend higher density residential, with commercial, entertainment and other land uses. In addition, the requested “IDZ” Infill Development Zone zoning district requires urban design standards in order to maintain a neighborhood commercial scale, promote pedestrian activity and maintain the unique character of the center. 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: 

With the appropriate density and intensity, the current "C-2 ", "O-1", and "MF-33" base zoning districts are appropriate for the subject property’s location; however, “O-2” and “I-1” are not. The requested “IDZ” will allow for a mixed use development that is compatible with the surrounding area and will allow for economic growth.

 

4.  Health, Safety and Welfare: 

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

 

5.  Public Policy: 

The subject property is located along the Broadway corridor, a proposed future rapid transit corridor, and within the Midtown Regional Center as outlined in the SA Tomorrow Comprehensive Plan. Additionally, the site is within the Midtown-Brackenridge TIRZ Master Plan. The subject properties currently possess a variety of zoning districts but are nearly uniform in a mixed use future land use designation, with the exception of the SAISD bus facility which is designated public institutional future land use. Public institutional future land use is commonly designated for publicly owned property but does not anticipate private development and provides no guidance on appropriate zoning districts, thereby necessitating the proposed amendment to mixed use.

 

Relevant Goals, Policies and Actions of the Comprehensive Plan may include:

GCF Goal 1:                     Higher-density uses are focused within the city’s 13 regional centers and along its arterial and transit corridors.

 

GCF P8:                      Continue to focus revitalization of neighborhoods adjacent to downtown and extend these efforts to regional centers, urban centers, and transit corridors.

 

GCF P9:                     Allow higher-density and mixed uses in portions of, or adjacent to, single-family residential areas to encourage shopping, services and entertainment amenities in close proximity to housing and where appropriate.

 

GCF P13:                     Evaluate commercial and industrial land use and zoning designations in the core of the city, regional centers, urban centers and primary transit corridors to determine areas that could be converted to residential or mixed-use.

 

GCF A5:                      Modify the UDC to reduce barriers to higher density development within a 1/2-mile of high capacity transit corridors.

H P10:                      Ensure land use designations and other policies allow for and encourage a mixture of housing types and densities of housing within development projects.

 

H P11:                      Encourage and incentivize new housing development projects to provide a mixture of housing types, sizes and prices.

 

H P18:                      Encourage housing to be built with, near or adjacent to retail uses.

H P20:                      Incentivize high-density housing in regional centers and along major public transit routes where appropriate.

H P22:                      Redevelop vacant and underutilized properties on transit corridors into stand alone or mixed-use higher-density housing.

H P30:                      Ensure infill development is compatible with existing neighborhoods.

H P42:                     Encourage the development of housing for seniors in walkable areas and near community amenities such as parks, recreation centers and senior centers.

The subject property is situated in Urban Core and Mixed Use Transition character areas of the Midtown-Brackenridge TIRZ master plan, recognizing the distinct nature of the Broadway Corridor and the transitional area to the adjoining residential neighborhood. A mix of low-density residential, high-density residential, commercial, and mixed use future land use classifications are found throughout the surrounding area.

 

The use of the IDZ zoning as a tool to provide flexibility in the redevelopment of these sites is appropriate for this context and is generally consistent with the policies of the SA Tomorrow Comprehensive Plan. The majority of the uses proposed are compatible with existing surrounding developments such as the Pearl Brewery, the Mosaic, and other mixed use projects along Broadway. In addition, the project should respect the Physical Master Plan element of the Midtown-Brackenridge TIRZ Master Plan, which describes character-defining elements of different areas within the plan such as building heights, location of parking, landscape character, and façade location (build-to zone).

6.  Size of Tract: 

The subject property totals 13.633 acres in size, which will reasonably accommodate the uses permitted in “IDZ” Infill Development Zone District.

 

7.  Other Factors: 

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.