DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Zoning Case Z2017066
SUMMARY:
Current Zoning: "R-4" Residential Single-Family District
Requested Zoning: "IDZ" Infill Development Zone with uses permitted in "C-2" Commercial District and Motor Vehicle Sales
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: March 7, 2017.
Case Manager: Oscar Aguilera, Planner
Property Owner: Juan Carlos Barrios
Applicant: Juan Carlos Barrios
Representative: Juan Carlos Barrios
Location: 3302 Martin Luther King Drive
Legal Description: The South 112.5 feet of Lots 14 and 15, Block 15, NCB 10333
Total Acreage: 0.2388
Notices Mailed
Owners of Property within 200 feet: 42
Registered Neighborhood Associations within 200 feet: Wheatley Heights Action Group Neighborhood Association
Applicable Agencies: None
Property Details
Property History: The subject property was annexed August 16, 1951 and was originally zoned “B” Single Family Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to “R-4” Residential Single-Family District.
Topography: The property does not include any abnormal physical features such as slope or inclusion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: R-4
Current Land Uses: Vacant Lots, Vacant Homes, Single Family Home, Food Bank
Direction: South
Current Base Zoning: R-4
Current Land Uses: Vacant Lots, Single-Family Residential
Direction: East
Current Base Zoning: R-4
Current Land Uses: Vacant Lots. Vacant House, Single-Family Home
Direction: West
Current Base Zoning: R-4
Current Land Uses: Single-Family Residences, 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: Martin Luther King Drive
Existing Character: Secondary Arterial, Type B 86’
Proposed Changes: None known
Thoroughfare: Badger Street
Existing Character: Local
Proposed Changes: None known
Public Transit: VIA bus route 26 stop at Martin Luther King and Badger Street
Traffic Impact: A Traffic Impact Analysis (TIA) report is not required. Infill Development Zone (IDZ) requests are exempt from the TIA requirement.
Parking Information: “IDZ” Infill Development Zone waives minimum parking requirements.
ISSUE:
None.
ALTERNATIVES:
Denial of the proposed zoning will result in the subject property retaining the current zoning district.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (9-0) recommend Denial.
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 Eastern Triangle Neighborhood Plan and is designated as High Density Mixed Use. The requested “IDZ" base zoning district is consistent with the future land use designation.
2. Adverse Impacts on Neighboring Lands:
The introduction of an intense commercial use in the middle of a single-family community runs contrary to the established planning principal that stresses the separation of incompatible uses.
3. Suitability as Presently Zoned:
The existing “R-4” base zoning district is consistent with the future land use plan as well as the development pattern. The "IDZ" with residential use may be appropriate for the property. However, the proposed “IDZ" Infill Development Zone with uses permitted in "C-2" Commercial District and Motor Vehicle Sales is not appropriate for the subject property.
4. Health, Safety and Welfare:
The introduction of commercial and motor vehicle sales uses would establish too intense of a use in close proximity to single-family homes.
5. Public Policy:
Motor vehicle sales is a use permitted in “C-3”. The High Density Mixed Use future land use category supports zoning as intense as “C-2”. The requested “C-3” use is too intense for the property.
6. Size of Tract:
The subject property measures 0.2388 acres which accommodates the existing development, but is small for a motor vehicle sales lot.
7. Other Factors:
Infill Development Zone (IDZ) provides flexible standards for developments. IDZ is to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings of structures, within existing built-up areas. IDZ may be approved as either a base zoning district or an overlay zoning district. Standards required in an IDZ district shall apply to either IDZ base zoning or the IDZ overlay district except where otherwise specifically stated. Typically IDZ gives flexibility to parking requirements, lots sizes, and setbacks.