DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT:
Zoning Case Z-2019-10700149
SUMMARY:
Current Zoning: "C-3 H UC-5 AHOD" General Commercial Monte Vista Historic McCullough Avenue Urban Corridor Airport Hazard Overlay District and "C-3 H AHOD" General Commercial Monte Vista Historic Airport Hazard Overlay District
Requested Zoning: “IDZ-2 H UC-5 AHOD" Medium Intensity Infill Development Zone Monte Vista Historic McCullough Avenue Urban Corridor Airport Hazard Overlay District with uses permitted for five (5) dwelling units and uses permitted in “C-2” Commercial District and “IDZ-2 H AHOD" Medium Intensity Infill Development Zone Monte Vista Historic Airport Hazard Overlay District with five (5) dwelling units and uses permitted in “C-2” Commercial District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: September 17, 2019
Case Manager: Michael Pepe, Planner
Property Owner: Smoke To Live 2012, Inc
Applicant: Itzhak Elgrably
Representative: Daniel Levi
Location: 107 West Ashby Place
Legal Description: East 2 feet of Lot 7 and the west 48 feet of Lot 8, NCB 1885
Total Acreage: 0.1148
Notices Mailed
Owners of Property within 200 feet: 25
Registered Neighborhood Associations within 200 feet: Monte Vista Historical Association, Tobin Hill Neighborhood Association
Applicable Agencies: Fort Sam Houston, Office of Historic Preservation
Property Details
Property History: The property is part of the original 36 Square Miles of San Antonio and was originally zoned “H” Local Retail District. The subject property converted from “H” to “C-3” General Commercial with the adoption of the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001.
Topography: The property does not include any abnormal physical features such as slope or incursion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: “C-3”
Current Land Uses: Single Family Dwelling
Direction: East
Current Base Zoning: “C-3”
Current Land Uses: Retail Store
Direction: West
Current Base Zoning: “R-4 CD”
Current Land Uses: Professional Office
Direction: South
Current Base Zoning: “C-1”
Current Land Uses: Retail Store
Overlay and Special District Information:
"H"
The surrounding properties are located in the Monte Vista Historic District, which was adopted in 1975. Historic districts do not regulate use of the property, but do enforce building exterior design standards meant to maintain the architectural character or cultural significance of the designated area. Building plans and permit applications will be subject to review by the Office of Historic Preservation and the Historic and Design Review Commission (HDRC) prior to any permits being issued.
“UC”
The Urban Corridor overlay was established because there are many roadway corridors which have been and/or will continue to be very significant to the city. The corridors are important because they have shaped the sense of what individual neighborhoods are in their role as historic entrances to the city. Other corridors are significant because they serve as gateways to the city or because of surrounding natural, historic, cultural, and aesthetic areas. The establishment of “UC” serves to preserve, enhance, and perpetuate the value of specific roadway corridors.
"AHOD"
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: Ashby
Existing Character: Collector
Proposed Changes: None Known
Public Transit: VIA bus routes are within walking distance of the subject property.
Routes Served: 3, 4, 5, 20, 90, 204
Traffic Impact: A Traffic Impact Analysis (TIA) is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: The parking minimum for an apartment is 1 space per unit.
ISSUE:
None.
ALTERNATIVES:
Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “C-3” General Commercial.
Current: “C-3” districts are intended to provide for more intensive commercial uses than those located within the NC, C-1 or C-2 zoning districts. C-3 uses are typically characterized as regional shopping centers, power centers, and/or assembly of similar uses into a single complex. There are no building size limitations, and building height is limited to 35 feet. Examples of permitted uses: bar/tavern & nightclub, amusement/theme parks, dance hall, indoor movie theater, auto repair, auto sales, auto glass sales (installation permitted), auto muffler (sales and installation only), hotel, bookbinder, dry cleaning or laundry plant, indoor flea market, home improvement center, body piercing/massage/tattoo parlor. No outdoor storage is permitted. Outdoor operations and display shall be permitted in areas which are screened as provided in 35-510 of the Unified Development Code.
Proposed: The proposed “IDZ-2” would allow 5 residential units and uses permitted in “C-2”. The Applicant would be limited to the site plan. The “C-2” Commercial districts accommodate community commercial uses, with unlimited building size, and building height limitation of 25 feet. Examples of permitted uses: liquor store, miniature golf and other indoor gaming facilities, small indoor movie theater, pet cemetery, auto & light truck oil, lube & tune-up, auto glass tinting, tire repair (sale and installation only), gas station, appliance sales & repair, charitable food & clothing banks and dry cleaning. No outdoor storage or display of goods shall be permitted except for outdoor dining
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is part of the not part of a regional center but it is within a premium transit corridor.
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 subject property is not located within any Community, Neighborhood, or Sector Plan therefore a finding of consistency is not required.
2. Adverse Impacts on Neighboring Lands:
Staff does not find evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.
3. Suitability as Presently Zoned:
The current “C-3” zoning is not appropriate for the property and surrounding area. The “IDZ-2” designation would allow for 5 residential units, which facilitates the existing apartments, and allows for a Short Term Rental. While “C-2” Commercial zoning would still allow commercial uses, the Historic protection already in place limits the changes to the buildings that could potentially impact nearby residential. The proposed “C-2” Commercial use is an appropriate zoning for this property, as a transition between the commercial corridor of Main and the residential to the west.
4. Health, Safety and Welfare:
Staff has not found indication of likely adverse effects on the public health, safety, or welfare.
5. Public Policy:
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.
• The applicant’s request meets the Master Plan’s Policy for Economic Development - Goal 4, because it targets an area within Loop 410 and the southern sector.
• The applicant’s request the Master Plan’s Policy for Neighborhoods - Policy 1d, because it promotes conversion or adaptive reuse of vacant or underutilized commercial buildings to provide affordable infill housing.
• The applicant’s request the Master Plan’s Policy for Neighborhoods - Policy 2b, because it creates mixed-use districts.
6. Size of Tract:
The subject property is 0.1148 acres, which could reasonably accommodate residential and commercial uses.
7. Other Factors:
The subject property is located within the Fort Sam Houston Awareness Zone/Military Influence Area. In accordance with the signed Memorandum of Understanding, JBSA was notified of the proposed request.
This property is located within the Monte Vista Historic District. Any modifications or new construction will require written approval. Approval of a zoning change does not supersede any requirements for design review outlined in Article VI of the Unified Development Code.