DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Zoning Case Z2014108 CD
SUMMARY:
Current Zoning: "I-1 AHOD" General Industrial Airport Hazard Overlay District
Requested Zoning: "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: March 18, 2014
Case Manager: Trenton Robertson, Planner
Property Owner: Axel & Irwin K. Valdez
Applicant: David W. Dye, III, P.E., R.P.L.S., President, Dye Development, Inc.
Representative: David W. Dye, III, P.E., R.P.L.S., President, Dye Development, Inc.
Location: 626 and 630 North New Braunfels Avenue
Legal Description: The north 82.94 feet of Lots 11, 12 and 13, Block 4, NCB 1361
Total Acreage: 0.2472
Notices Mailed
Owners of Property within 200 feet: 39
Registered Neighborhood Associations within 200 feet: Harvard Place/Eastlawn Neighborhood Association; the Dignowity Hill Neighborhood Association is located within 200 feet.
Planning Team: Arena District/Eastside Community Plan-22
Applicable Agencies: None
Property Details
Property History: The subject property is located within the city limits as recognized in 1938 and was originally zoned "J" Commercial District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "I-1" General Industrial District. The subject property is not platted in its current configuration and is undeveloped.
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 and East
Current Base Zoning: "I-1", "C-2" and "MF-33"
Current Land Uses: Duplexes, single-family residences, office, social club and vacant lots
Direction: South
Current Base Zoning: "I-1" and "MF-33"
Current Land Uses: Single-family residences and vacant lots
Direction: West
Current Base Zoning: "C-3" and "R-4"
Current Land Uses: Laundromat, auto repair, auto sales, gas station, single-family residences and vacant lots
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: North New Braunfels Avenue
Existing Character: Primary Arterial Type B 70'-120'; two lanes in each direction with sidewalks
Proposed Changes: None known
Thoroughfare: Bluebonnet Street and Nolan
Existing Character: Local; one lane in each direction with sidewalks
Proposed Changes: None known
Public Transit: VIA bus line 20 operates along North New Braunfels Avenue, with multiple stops near the subject property.
Traffic Impact: A Traffic Impact Analysis (TIA) is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: Off-street vehicle parking requirements are typically determined by the type of sue and building size. The rezoning application refers to proposed vehicle sales.
Auto and Vehicle Sales
Minimum requirement: 1space per 500 square feet of Gross Floor Area (GFA) of sales and service building
Maximum allowance: 1space per 375 square feet of GFA of sales and service building
The conditional use site plan shows 2 parking spaces, including an ADA-accessible space. Inventory parking is also shown but does not count toward the minimum/maximum requirement.
ISSUE:
None.
ALTERNATIVES:
Denial of the zoning request will result in the subject property retaining the current industrial zoning; the subject property would not be able to be developed for commercial uses, but rather be developed for more intense purposes not conducive to the surrounding neighborhood.
FISCAL IMPACT:
None. The applicant paid all required zoning application fees.
RECOMMENDATION:
Staff and Zoning Commission (8-0) recommend approval with the following conditions: 1) A six-foot tall, solid screen fence shall be maintained where the subject property abuts residential zoning or uses; 2) A 15-foot, Type B landscape buffer shall be required along the rear property line where the property abuts residential zoning or uses; 3) All on-site lighting shall be directed onto the site and point away from any residential zoning or uses using 90-degree or less cut-off fixtures; and 4) No outdoor speaker or amplification systems shall be permitted.
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 Arena District/Eastside Community Plan and is currently designated as Mixed Use 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 related to this zoning change request. Although auto sales is typically considered a Regional Commercial land use which draws its customer base from an extended regional area, allowing the use through the Conditional Use process provides an opportunity to place conditions on the zoning request that are meant to mitigate the potential impact on neighboring properties.
3. Suitability as Presently Zoned:
The existing zoning is not appropriate for the subject property or surrounding neighborhood, and it is not consistent with the adopted land use designation.
The "I-1" district is meant to accommodate industrial and manufacturing uses that generate increased levels of noise and traffic. "I-1" uses should provide significant landscape buffers and other development protections when located near residential and commercial uses. The size of the subject property and the surrounding residential uses severely limit possible industrial development on the property.
The "C-2" district may act as a buffer between the arterial roadway and the established residential neighborhood to the north and west.
4. Health, Safety and Welfare:
Staff finds no likely negative impacts on local health, safety or welfare in relation to this zoning change request. Development of the vacant lots will serve to improve the area; while the size of the lot will serve to limit the scale and potential impact of commercial development.
5. Public Policy:
The request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is 0.2472 of an acre in size, which should be able to reasonably accommodate the proposed zoning request, as shown on the Conditional Use site plan.
7. Other Factors:
The conditional 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.
Staff recommends the following conditions:
1. A six-foot tall, solid screen fence shall be maintained where the subject property abuts residential zoning or uses.
2. A 15-foot, Type B landscape buffer shall be required along the rear property line where the property abuts residential zoning or uses.
3. All on-site lighting shall be directed onto the site and point away from any residential zoning or uses using 90-degree or less cut-off fixtures.
4. No outdoor speaker or amplification systems shall be permitted.