DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT:
Zoning Case Z2017045 CD
SUMMARY:
Current Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District
Requested Zoning: "C-2 CD AHOD" Commercial Airport Hazard Overlay District with Conditional Use for Motor Vehicle Sales
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: January 17, 2017
Case Manager: Logan Sparrow, Principal Planner
Property Owner: Raul S. Cantu Family Limited Partnership (Raul S. Cantu, General Partner)
Applicant: Raul S. Cantu
Representative: Brown & Ortiz, PC (c/o James McKnight)
Location: 3102 West Avenue
Legal Description: Lot 12, Block 1, NCB 9665
Total Acreage: 0.2841
Notices Mailed
Owners of Property within 200 feet: 14
Registered Neighborhood Associations within 200 feet: North Central Neighborhood Association, Greater Dellview Neighborhood Association
Applicable Agencies: None
Property Details
Property History: The property was originally zoned “F” Local Retail District, following the adoption of Ordinance 20752, dated November 4, 1952. Following the adoption of the 2001 Unified Development Code, the zoning of the property converted to the current “C-2” Commercial District.
Topography: A very small section, located at the northwest corner of the subject property, is located within the 100 year flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: C-2
Current Land Uses: Retail Center
Direction: East
Current Base Zoning: C-2
Current Land Uses: Food Service Establishment
Direction: South
Current Base Zoning: C-2, C-2 CD
Current Land Uses: Professional Office, Auto Repair
Direction: West
Current Base Zoning: C-3NA S
Current Land Uses: Youth Center
Overlay and Special District Information: The subject property is located within the “AHOD” Airport Hazard Overlay District. The “AHOD” does not restrict permitted uses, but may require additional review by both the Federal Aviation Administration and Development Services Department.
Transportation
Thoroughfare: West Avenue
Existing Character: Secondary Arterial Type B
Proposed Changes: None known
Thoroughfare: Basse Road
Existing Character: Secondary Arterial Type A
Proposed Changes: None known
Public Transit: VIA bus route 97 operates at the intersection of West Avenue and Basses Road.
Traffic Impact: A Traffic Impact Analysis is not required. The traffic generated by the proposed development does not does not exceed the threshold requirements.
Parking Information: Parking requirements are determined by use. Motor Vehicle Sales requires a minimum of one parking space per 500 square feet of gross floor area and a maximum of one parking space per 375 square feet of gross floor area.
ISSUE:
None
ALTERNATIVES:
Denial of the requested zone change would result in the subject property retaining its current “C-2” Commercial base zoning district.
FISCAL IMPACT:
None
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (11-0) recommend Approval.
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The property is located within the Greater Dellview Community Plan and is currently designated “Community Commercial” in the future land use component of the plan. The requested “C-2” Commercial base zoning district is consistent with the future land use designation.
2. Adverse Impacts on Neighboring Lands:
Motor Vehicle Sales uses can propose adverse impacts. In this case, the location of the proposed development allows other properties to buffer it from residential uses - the property is surrounded on all sides by other commercial operations.
In addition, the development standards applicable to the proposed development, including bufferyard requirements, will further help to reduce its impact on the community.
3. Suitability as Presently Zoned:
The current “C-2” Commercial zoning is consistent with both the established development pattern as well as the future land use plan.
4. Health, Safety and Welfare:
As the proposed development will be buffered by existing commercial enterprises and does not abut any residential property, staff finds that the request is unlikely to compromise the health, safety, or welfare of the public.
5. Public Policy:
As the request is consistent with the future land use plan contained within the Greater Dellview Community Plan, staff finds that the request is not contrary to any stated public policy objective.
6. Size of Tract:
The 0.2841 acre tract is of sufficient size for a small car sales lot.
7. Other Factors:
The property does not qualify for a Non-Conforming Use as the previous auto sales lot has been vacated for more than a year.
The conditional use zoning procedure is designed to provide for a land use that is not permitted by the established zoning district, but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.