DEPARTMENT: Development Service Department
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: 4
SUBJECT:
Zoning Case # Z2014100 CD
SUMMARY:
Current Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District
Requested Zoning: "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales (Full Service)
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: March 18, 2014
Case Manager: Ernest Brown, Planner
Property Owner: Jalisco Travel, Inc. (by Moises Oliveros, President)
Applicant: Jalisco Travel, Inc. (by Moises Oliveros, President)
Representative: Brown & Ortiz, P.C. (James McKnight)
Location: 7123 Somerset Road
Legal Description: Lot 3, Block 1, NCB 11252
Total Acreage: 1.3286
Notices Mailed
Owners of Property within 200 feet: 14
Registered Neighborhood Associations within 200 feet: None
Planning Team: West/Southwest Sector Plan - 36
Applicable Agencies: None
Property Details
Property History: The subject property was annexed in 1952 and was originally zoned "B" Residence District. In a 1972 case, the property was rezoned "B-3" Business District. In a 2001 City-initiated large-area case, the property was rezoned "B-2" Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "C-2" Commercial District. The subject property was platted into its current configuration in 1928 (Volume 642, Page 117) and developed from 2005 to present with 6,963 total square feet of commercial structures.
Topography: The subject property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: "C-2", "C-3"
Current Land Uses: Restaurant, Auto Sales, Office, and Parking Lot
Direction: East
Current Base Zoning: "I-2", "C-3"
Current Land Uses: Parking Lot, Retail Store, Vacant
Direction: South
Current Base Zoning: "C-2"
Current Land Uses: Medical Office, Restaurant, Bar
Direction: West
Current Base Zoning: "C-2", "C-3"
Current Land Uses: Parking Lot
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: Somerset Road
Existing Character: Secondary Arterial Type A; two lanes in each direction with sidewalks
Proposed Changes: None known
Thoroughfare: Southwest Military Drive
Existing Character: Primary Arterial Type A; three lanes in each direction with center turn lane and sidewalks
Proposed Changes: None known
Public Transit: The nearest VIA bus lines to the subject property are the 251, 524, and 551 lines, which operate along Southwest Military Drive.
Traffic Impact: TIA report is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: Off-street vehicle parking requirements typically are determined by the type of use and building size.
Motor Vehicle Sales (Full Service): Minimum requirement: 1 space per 500 square feet of Gross Floor Area (GFA) including service bays, wash tunnels and retail areas, plus two additional spaces for each inside service bay; Maximum allowance: 1 space per 375 square feet of Gross Floor Area (GFA) including service bays, wash tunnels and retail areas, plus two additional spaces for each inside service bay.
ISSUE:
None.
ALTERNATIVES:
Denial of the zoning request will result in the subject property retaining the existing zoning.
FISCAL IMPACT:
None. The applicant has paid all required application fees.
RECOMMENDATION:
Staff recommends approval. Zoning Commission (8-0) recommends approval with the following conditions: 1) There shall be no more than 20 vehicles under repair at any given time; and 2) Vehicles for repair shall not remain on-site for more than 30 days.
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 West/Southwest Sector Plan and currently is designated as Suburban Tier in the future land use component of the plan. The requested "C-2" base zoning district is consistent with the adopted land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The area includes many vehicle sales and repair facilities. The property is located along a secondary arterial street and near a major intersection that has long been developed with intense commercial uses.
3. Suitability as Presently Zoned:
Both the existing "C-2" district and the requested conditional use are suitable for the subject property. The current and proposed uses are consistent with the surrounding pattern of development. The transportation network supports such uses.
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 request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is 1.3286 acres in size, which is sufficient to accommodate the uses permitted in the "C-2" district, required parking, and the proposed conditional use as shown on the site plan.
7. Other Factors:
The subject property was issued a Certificate of Occupancy for Used Car Sales in 2005, although the property did not have zoning that allowed the use. Recently, the property owner was cited for construction without permits. When permits were applied for, staff discovered that the property was not zoned to allow the vehicle sales use. This rezoning request is meant to bring the existing use into compliance and allow the property owner to bring the new construction into compliance through the building permit process.