Update from the June 22, 2021 City Council meeting:
At the June 22nd City Council meeting Ordinance 21-S-26 was presented by staff and a discussion in relation to the applicability, permitted use table, parking, and the proposed changes was had between the City Council and staff. Based on this discussion and the motion made, the following two changes were incorporated into the Ordinance:
- The land use "Pet Store" is now proposed to be permitted by right within the proposed Main Street Mixed Use- New Development zoning district.
- The land use ""Dance Hall / Night Club" is now proposed to be permitted with the requirement a Specific Use Permit is obtained within the proposed Main Street Mixed Use- New Development zoning district.
There were no other changes made between the first reading and the ordinance attached for the final reading besides the above two modifications to the proposed Permitted Use Table.
At the June 22nd meeting, City Council approved Ordinance No. 21-S-26 with a 4-2 vote.
As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City staff amend, change, or modify text in any portion of the UDC to establish and maintain 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/or State and Federal regulations. The proposed UDC Amendment includes the creation of a new zoning district titled Main Street Mixed Use- New Development (MSMU-ND).
Within the UDC the existing Main Street Mixed-Use District (MSMU) is intended to provide a base zoning district for the area along Main Street. This zoning district has unique characteristics including reduced setbacks and parking requirements due to the physical constraints of the properties along Main Street and the ability to use the properties as residential or commercial.
Although the existing Main Street Mixed-Use (MSMU) zoning district has proven beneficial for property owners that want to utilize the existing structures on Main Street, it does not lend itself to development with new structures. Rather than making modifications to the existing MSMU zoning district, staff determined that it would be more appropriate to create another zoning district that was specifically designed for properties along Main Street that the property owner desires to redevelop the property and construct a new structure, rather than utilizing the existing structure.
On May 26, 2021, the Planning and Zoning Commission conducted a public hearing in relation to this proposed UDC amendment. No one spoke during this public hearing. A public hearing notice was published in the "San Antonio Express" on June 2, 2021 for the public hearing to be held at City Council.
Proposed Amendments:
Staff is proposing the creation of the Main Street Mixed-Use New Development (MSMU-ND) zoning district, which is structured off the existing Main Street Mixed-Use zoning district with the following changes in order to allow for increased flexibility for redevelopment of properties along Main Street.
| UDC Section |
Proposed MSMU-ND Regulation |
| Article 5, Section 21.5.5- Statement of Purpose and Intent for Residential Districts |
O. Main Street Mixed- Use New Development District (MSMU-ND). Intended to provide a base zoning district in the area along Main Street, specifically for new development of existing properties. This district is intended to mirror The Main Street Mixed-Use District (MSMU), allowing for both single-family residential uses and low intensity commercial uses. Reduced setbacks, parking requirements, along with reduced landscape buffers are provided as part of this district due to physical restraints of the existing properties. |
| Article 5, Section 21.5.7- Dimensional and Developmental Standards- Table 21.5.7.A Dimensional Requirements |
Lot Size: 5,000sqft
Width: 50 feet
Depth: 100 feet
Front Yard Setback: 10 feet
Side Yard Setback: 5 feet
Rear Yard Setback: 10 feet
Parking Spaces: Parking spaces are determined based on the square footage of the structure:
0 sqft - 1,500 sqft requires 2 parking spaces
1,501 sqft - 5,000 sqft requires 5 parking spaces; unless the proposed land use would require less.
5,0001 sqft - 10,000 sqft requires 10 parking spaces; unless the proposed land use would require less.
Over 10,000 sqft requires 20 parking spaces; unless the proposed land use would require less.
Max Height: 35 Feet
Impervious Coverage: 80%
Key: j, k, m |
| Article 5, Section 21.5.8 Permitted Use Table- Table 21.5.8 |
Addition of MSMU-ND with all the same permitted uses as currently permitted within the MSMU zoning district |
| Article 9, Section 21.9.7 Landscaping, G Nonresidential and Multifamily Landscape Buffer Requirements |
Addition of #3: Due to the flexibility in residential / nonresidential for the Main Street Mixed Use (MSMU) and Main Street Mixed Use- New Development (MSMU-ND) zoning districts, the twenty-foot (20') landscape buffer requirement is not applicable. |
Article 9, Section 21.9.7 Landscaping, H.2 Perimeter
Landscaping |
Addition of text within subsection 2.a: The requirements of this subsection do not apply to properties zoned Main Street Mixed Use (MSMU) and Main Street Mixed Use- New Development (MSMU-ND). Properties under these zoning districts shall provide a minimum landscape buffer of five (5) feet adjacent to a public right-of-way when off-street parking or vehicular use areas abut. |
Article 9, Section 21.9.8 Screening and Fencing, B
Fences in Nonresidential and Multifamily Areas |
Addition of text within subsection 3: Due to the flexibility in residential / nonresidential for the Main Street Mixed Use (MSMU) and Main Street Mixed Use- New Development (MSMU-ND) zoning districts, the masonry wall requirement is not applicable. |
Article 14, Section 21.14.3 Additional Design
Requirements |
Addition of text within subsection C, D, and E in relation to Landscape Buffer, Off-Street Parking, and Building Setback Line: The requirements of this section are not applicable to properties zoned Main Street Mixed-Use- New Development (MSMU-ND). |
The full proposed UDC amendment language red lines can be reviewed in the attachments to this staff report.
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Based on recent communications with property owners and developers interested in revitalizing and redeveloping properties along Main Street, that are facing difficulties in complying with the current Main Street Mixed-Use zoning district, staff feels that the creation of a new zoning district is the most appropriate solution. The proposed zoning district and UDC amendments will allow greater flexibility and achieve the desired goals for the redevelopment and new construction to occur on Main Street.
By creating flexibility in landscaping and screening not only for MSMU-ND but also incorporating the changes for MSMU will truly allow the properties to be able to convert from residential to commercial and vice versa without the requirement to install an eight-foot masonry wall or the twenty-foot landscape buffer. Additionally, the proposed modifications to parking and setbacks will allow for greater flexibility for developing properties on Main Street.
The Planning and Zoning Commission offered a recommendation of approval with a vote of 7-0, with changes to two sections of the proposed UDC amendments which were discussed during the meeting. These changes included adding additional clarity for which subsections within UDC Article 14, Section 21.14.3 are not applicable to the Main Street Mixed Use-New Development (MSMU-ND) zoning district and to add additional square footage scales in relation to required parking for Main Street Mixed Use- New Development (MSMU-ND). Both of these changes were incorporated into the proposed amendments included within this ordinance.
Staff recommends approval of Ordinance 21-S-26, the proposed amendments to the Unified Development Code (UDC) for the indicated subsections within Article 5, 9, and 14 as presented. |