DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 1
SUBJECT:
Zoning Case Z2014133
SUMMARY:
Current Zoning: "C-3R AHOD" General Commercial Restrictive Alcoholic Sales Airport Hazard Overlay District
Requested Zoning: "C-1 AHOD" Light Commercial Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: April 15, 2014
Case Manager: Tony Felts, Planner
Property Owner: Matthew Clark
Applicant: Rudolfo Martinez
Representative: Ron Bechtol
Location: 2327 North St. Mary's Street
Legal Description: 0.134 of an acre out of Lots 9 and 10, Block 4, NCB 2997
Total Acreage: 0.134
Notices Mailed
Owners of Property within 200 feet: 27
Registered Neighborhood Associations within 200 feet: The Tobin Hill Community Association
Planning Team: Tobin Hill Neighborhood Plan - 13
Applicable Agencies: None
Property Details
Property History: The property is located within the city limits as they were recognized in 1938 and was originally zoned "G" Local Retail District. In a 1995 City-initiated large-area case, the subject property was rezoned to "B-3R" Restrictive Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "C-3R" General Commercial Restrictive Alcoholic Sales District. The property is currently occupied by an approximately 704 square-foot vacant commercial structure that was built in 1950. The property is not platted in its current configuration.
Topography: The property does not include any abnormal physical features such as slope or inclusion in a floodplain.
Adjacent Zoning and Land Uses
Direction: North and East
Current Base Zoning: "C-3", "C-3NA", and "R-6"
Current Land Uses: Restaurant, Bar, Catering, Print Shop, Single-Family Residences
Direction: South
Current Base Zoning: "C-2NA" and "C-3"
Current Land Uses: Restaurant, Office
Direction: West
Current Base Zoning: "MF-33" and "R-6"
Current Land Uses: Daycare, Single-Family Residences, Duplexes
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.
Properties to the west and south of the subject property are located in the Tobin Hill Historic District, which was adopted in 2007. Historic districts do not regulate use of the property, but do enforce building exterior design standards meant to maintain the architectural character or cultural significance of the designated area. Building plans and permit applications will be subject to review by the Office of Historic Preservation and the Historic and Design Review Commission (HDRC) prior to any permits being issued.
Transportation
Thoroughfare: North St. Mary's Street
Existing Character: Collector street; one lane in each direction with sidewalks
Proposed Changes: None known
Thoroughfare: East Courtland Place, East Dewey Place, and Kendall Street
Existing Character: Local streets; one lane in each direction with sidewalks
Proposed Changes: None known
Public Transit: VIA bus lines 7, 8, and 20 operate along North St. Mary's Street with multiple stops in the immediate vicinity of 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 use and building size.
The application refers to a proposed food service establishment: Minimum requirement - 1 space per 100 square feet of Gross Floor Area (GFA); Maximum allowance - 1 space per 40 square feet of GFA.
ISSUE:
None.
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current "C-3R" base zoning district which is inconsistent with the adopted future land use plan and does not allow a restaurant with alcohol sales.
FISCAL IMPACT:
None. The zoning request is eligible for the Inner City Reinvestment Infill Policy fee waiver. The Development Services Department fees will be reimbursed through grant funding.
RECOMMENDATION:
Staff and Zoning Commission (7-0) recommend approval.
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The subject property is within the Tobin Hill Neighborhood Plan and is designated as Low Density Mixed Use in the future land use component of the plan. Consistency is determined by the base zoning district; the proposed "C-1" base zoning district is consistent with the adopted land use designation.
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. Rather, the rezoning may have the effect of spurring redevelopment of a vacant property, thereby mitigating the current adverse impacts on neighboring properties.
3. Suitability as Presently Zoned:
The existing "C-3R" base zoning district is not consistent with the adopted future land use plan, though it would allow a food-service establishment without alcohol sales. The "C-3R" zoning district is meant to accommodate intense commercial districts such as regional shopping centers and power centers. The subject property and surrounding areas have been identified as areas where transition to retail/residential mixed use should be encouraged.
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 measures approximately 5,837 square feet in size. The small size of the property will serve to limit the scale of any commercial use.
7. Other Factors:
None.