DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 10
SUBJECT:
Zoning Case Z2014044
SUMMARY:
Current Zoning: "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District
Requested Zoning: "MF-33 AHOD" Multi-Family Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: January 21, 2014
Case Manager: Osniel Leon, Planner
Property Owner: JTL JV, LLC (by Michelle F. Lubianski, Owner)
Applicant: KLove Engineering, LLC (by Jaime Noriega)
Representative: KLove Engineering, LLC (by Jaime Noriega)
Location: A portion of the 14200 Block of Toepperwein Road
Legal Description: 25.951 acres out of NCB 14049
Total Acreage: 25.951
Notices Mailed
Owners of Property within 200 feet: 21
Neighborhood Associations: None (within 200 feet)
Planning Team Members: North Sector Plan - 41
Applicable Agencies: None
Property Details
Property History: The subject property was annexed in 1993, and was originally zoned "Temporary R-1" Temporary Single Family Residence District. In a 1994 City-initiated large area case, the property was rezoned to "I-1" Light Industry District and "B-3" Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to "I-1" General Industrial District and "C-3" General Commercial District, respectively. In a 2006 case, the property was rezoned to the current "R-4" Residential Single-Family District. The property is currently undeveloped and is not platted.
Topography: The subject property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
Adjacent Zoning and Land Uses
Direction: North
Current Base Zoning: "MF-25"
Current Land Uses: Undeveloped land and townhomes (under construction)
Direction: West and South
Current Base Zoning: "C-3", "I-1" and "MH"
Current Land Uses: Auto paint and body repair, pipe supply, outdoor storage, mobile home park, office/warehouses, parking lot and plumbing contractor
Direction: East
Current Base Zoning: Outside City Limits
Current Land Uses: Outdoor storage and a mobile home park
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: Toepperwein Road
Existing Character: Secondary Arterial Type A; two lanes in each direction with a center turn lane and no sidewalks
Proposed Changes: None known
Thoroughfare: Lookout Road
Existing Character: Secondary Arterial Type A; one lane in each direction with no sidewalks
Proposed Changes: None known
Public Transit: There are no public transit stops in the immediate vicinity of the subject property.
Traffic Impact: A Traffic Impact Analysis (TIA) is required, but may be delayed until the platting or permitted stage of development. A traffic engineer must be present at the Zoning Commission meeting.
Parking Information: Parking requirements for multi-family residential uses are determined by the total number of dwelling units. Minimum Parking Requirement: 1.5 spaces per unit. Maximum Parking Requirement: 2 spaces per unit.
ISSUE:
None.
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the existing residential single-family zoning designation.
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
RECOMMENDATION:
Staff and Zoning Commission (10-0) recommend approval, pending the plan amendment.
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 North Sector Plan and is currently designated as Suburban Tier in the future land use component of the plan. The requested "MF-33" base district is not consistent with the adopted land use designation. The applicant submitted a request to amend the land use designation to General Urban Tier. Staff and Planning Commission recommend approval of the plan amendment request.
General Urban Tier allows small tract detached multi-family including apartments, quadplexes, triplexes, duplexes, and townhomes.
2. Adverse Impacts on Neighboring Lands:
Staff has found no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The subject property is located on an arterial thoroughfare near established commercial nodes.
3. Suitability as Presently Zoned:
The subject property is surrounded by all types of zoning and uses, from single-family residential to industrial. However, the subject property's location between a multi-family development and an industrial/business park makes single-family residential development unlikely.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety or welfare.
5. Public Policy:
Should the plan amendment be approved, the request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is approximately 25.951 acres in size, which is of sufficient size to accommodate the uses permitted in the "MF-33" district along with required parking. Should the rezoning request be approved, the property would accommodate a maximum of 856 dwelling units.
7. Other Factors:
None.