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File #: 19-1423   
Type: Zoning Case
In control: City Council A Session
On agenda: 1/17/2019
Posting Language: ZONING CASE # Z-2018-900068 (Council District 2): Ordinance amending the Zoning District Boundary from "I-1 AHOD" General Industrial Airport Hazard Overlay District to "IDZ-3 AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "C-3” General Commercial District, a Bar/Nightclub without cover charge 3 or more days per week and Live Entertainment on Lot 8, NCB 500, located at 415 Milam Street. Staff recommends Approval. Zoning Commission recommendation pending the January 15, 2019 Zoning hearing. (Associated Plan Amendment Case PA-2018-900025)
Attachments: 1. Location Map, 2. Site Plan, 3. Draft Ordinance, 4. Ordinance 2019-01-17-0068
Related files: 19-1419

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z-2018-900068

(Associated Plan Amendment PA-2018-900025)

 

SUMMARY:

Current Zoning: "I-1 AHOD" General Industrial Airport Hazard Overlay District

 

Requested Zoning: "IDZ-3 AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "C-3” General Commercial District, a Bar/Nightclub without cover charge 3 or more days per week and Live Entertainment

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date: January 15, 2019.  This case is expedited to the City Council meeting of January 17, 2019.

 

Case Manager: Dominic Silva, Planner

 

Property Owner: Cuny Properties, LLC

 

Applicant: Oliver Billingsley

 

Representative: Oliver Billingsley

 

Location: 415 Milam Street

 

Legal Description: Lot 8, NCB 500

 

Total Acreage: 0.797

 

Notices Mailed

Owners of Property within 200 feet: 25

Registered Neighborhood Associations within 200 feet: N/A

Applicable Agencies: Texas Department of Transportation, San Antonio ISD

 

Property Details

Property History: The subject property was originally “I-1”, established by Ordinance 33412, dated June 28, 1965. Upon the adoption of the 2001 Unified Development Code, the previous “I-1” remained “I-1”.

 

Topography:  The subject property is not located within the 100-year flood plain.

 

Adjacent Base Zoning and Land Uses

Direction: North

Current Base Zoning:  “C-2”

Current Land Uses: Residential

 

Direction: East

Current Base Zoning: “C-3”

Current Land Uses: Vacant

 

Direction: South

Current Base Zoning:  “C-2”

Current Land Uses: Gas Station

 

Direction: West

Current Base Zoning:  “R-6”

Current Land Uses: Residential

 

Overlay and Special District Information: 

 

Transportation

Thoroughfare: Milam Street

Existing Character:  Local

Proposed Changes:  None Known

Public Transit:  VIA bus routes are not within walking distance of the subject property.

 

Thoroughfare: North Hackberry

Existing Character:  Local

Proposed Changes:  None Known

Public Transit:  VIA bus routes are not within walking distance of the subject property.

 

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

 

Parking Information: 

The minimum number of parking spaces for a nightclub is 1 per 100 sf of GSF.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “I-1”. This district accommodates areas of heavy and concentrated fabrication, manufacturing and industrial uses which are suitable based upon adjacent land uses, access to transportation and the availability of public services and facilities. It is the intent of this district to provide an environment for industries that is unencumbered by nearby residential or commercial development.

 

FISCAL IMPACT:

None.

 

Proximity to Regional Center/Premium Transit Corridor

The property is located within 1 mile of the Downtown and Midtown Regional Center and is not located within a Premium Transit Corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff recommends Approval, pending Plan Amendment. Zoning Commission recommendation is pending the January 15, 2019 Zoning hearing.

 

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 Arena District/Eastside Community Plan and is currently designated as “Heavy Industrial” in the future land use component of the plan. The requested “IDZ-3” base zoning is not compatible with the future land use designation and is consistent with the surrounding properties.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.

 

3.  Suitability as Presently Zoned: 

The current “I-1” General Industrial District is an appropriate zoning for the property and surrounding area.

 

4.  Health, Safety and Welfare: 

Staff has not found indication of likely adverse effects on the public health, safety, or welfare.

 

5.  Public Policy: 

The proposed rezoning does appear to conflict with the following goals, principles, and objectives of the Arena District/Eastside Community Plan.

 

Arena District/Eastside Community Plan Relevant Goals and Objectives:

 

                     Goal 2; Objective 2.1: Establish a land use pattern that is responsive to the existing context and is founded upon realistic market expectations.

                     Goal 2; Objective 2.2: Protect the neighborhoods by providing them with the necessary improvements to enable infill development and redevelopment.

 

6.  Size of Tract: 

The subject property is 0.797 acres, which would adequately support a variety of commercial uses.

 

7.  Other Factors: 

None.