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15.
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| City Council Regular Meeting |
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| BACKGROUND |
As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments to change or modify the text of any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on changes in development it has becomes necessary to update the UDC.
On June 10, 2020, a zone change request for 603 Main Street was heard by the Planning and Zoning Commission in order to allow the existing structure to be used as a restaurant. The original zone change request was to zone this property as General Business. However, the Planning and Zoning Commission made a recommendation to the City Council to zone change the property to Neighborhood Services. The Neighborhood Services zoning district would allow the restaurant land use, but would limit the other land uses allowed by right in General Business that are not desired along Main Street. This zone change request sparked the conversation of why the restaurant and tavern land uses are not allowed by right within the Main Street Mixed Use zoning district. A potential UDC amendment to create a 'Main Street Mixed Use 2 (MSMU II)' zoning district, which would allow these land uses, was discussed as a potential solution to this dilemma.
On June 16, 2020, the Main Street Committee had a conversation about creating the new 'MSMU II' zoning district. However, based on conversations at this committee meeting it was deemed more appropriate to complete a UDC amendment to allow the restaurant and tavern land uses by right in the existing Main Street Mixed Use zoning district.
On June 23, 2020, the zone change request for 603 Main Street was heard by the City Council. During this City Council meeting the results of the June 16, 2020, Main Street Committee meeting were discussed, and Staff ensure City Council that a UDC amendment to allow the restaurant and tavern land uses by right in the existing Main Street Mixed Use zoning district would be brought for consideration in the upcoming months.
This proposed UDC amendment is directly in line with what was discussed with the Main Street Committee and at City Council.
On August 13, 2020, seven public hearing notices were mailed to the existing property owners on Main Street that are current zoned Main Street Mixed Use (MSMU). At the time of this report, staff has received a response from one property owner which represents four (4) properties in favor of the proposed amendment. This property owner represents 619 Main, 700 Main, 704 Exchange, and 603 Main Street. On August 26, 2020, the Planning and Zoning Commission conducted a public hearing in relation to this proposed UDC amendment. A public hearing notice was published in the "San Antonio Express" on September 2, 2020, for the public hearing to be held at City Council.
Proposed Amendments:
The proposed UDC Amendment includes updating the permitted land uses within the Main Street Mixed Use Zoning District. This UDC Amendment includes changes to two of the land uses within the Permitted Use Table, Section 21.5.8 specifically for the Main Street Mixed Use (MSMU) zoning district.
| Land Uses |
Main Street Mixed Use (MSMU) Zoning District |
| Restaurant or Cafeteria |
Currently requires the approval of a Specific Use Permit
Proposed amendment to allow by right. |
| Tavern |
Currently not allowed within MSMU.
Proposed amendment to allow by right. |
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| GOAL |
To amend the UDC to review and update the development regulations due to changing conditions, community goals and State and Federal regulations as well as establish and maintain sound stable and desirable development.
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| COMMUNITY BENEFIT |
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth.
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| SUMMARY OF RECOMMENDED ACTION |
Review and approve Ordinance 20-S-29 amending the Unified Development Code (UDC), Article 5, Section 21.5.8 Permitted Use Table, specifically for "Restaurant or Cafeteria" and "Tavern" for the Main Street Mixed Use (MSMU) zoning district.
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| FISCAL IMPACT |
| None. |
| RECOMMENDATION |
Utilizing the current UDC and Permitted Use Table, in order to develop a restaurant by right on Main Street, the properties would need to be zoned Office & Professional, Neighborhood Services, General Business, General Business-2, or Manufacturing Light District. In order to develop a tavern (bar) by right on Main Street, the properties would need to be zoned General Business or General Business 2 District. Although property owners along Main Street could request to be zoned one of the previously mentioned zoning district in order to develop a restaurant or bar, the approval of such could have negative impacts to Main Street based on the additional land uses permitted by right in the aforementioned zoning districts. By updating the UDC's permitted uses for Main Street Mixed Use it allows property owners the ability to develop a restaurant or tavern by right if a MSMU zone change is approved, while ensuring other uses that are undesirable on Main Street are not inadvertently allowed by zoning to a more intense district.
Based on the previous discussions with the Planning and Zoning Commission, the Main Street Committee, and the City Council the proposed UDC amendment will allow the desired land uses of restaurant and tavern by right within Main Street Mixed Use zoned properties without allowing additional undesired land uses to be developed along Main Street. Staff recommends approval of the amendments to the Unified Development Code (UDC), Article 5, Section 21.5.8 Permitted Use Table.
The Planning and Zoning Commission offered a recommendation of approval with a vote of 4-3.
- Commissioner Evans voted nay on a statement that the discussion was not complete and that the P&Z was not ready to make a decision.
- Commissioner Platt voted nay based on his desire to require a Specific Use Permit for the Tavern land use.
- Commissioner Haynes voted nay based on wanting more information on why the land use "Church, Temple, Synagogue, Mosque, or Other Place of Worship" requires a Specific Use Permit, but this amendment would allow "Restaurant or Cafeteria" and "Tavern" by right.
Staff recommends approval of Ordinance 20-S-29 an amendment to the Unified Development Code (UDC), Article 5, Section 21.5.8 Permitted Use Table, specifically to allow "Restaurant or Cafeteria" and "Tavern" by right within the Main Street Mixed Use (MSMU) zoning district. |
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