DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
DEPARTMENT: Development Services
COUNCIL DISTRICTS IMPACTED: 8
SUBJECT:
Zoning Case Z2015195S
(Associated Plan Amendment 15047)
SUMMARY:
Current Zoning: "C-3 CD MSAO-1 MLOD AHOD" General Commercial Military Sound Attenuation Overly Military Lighting Overlay Airport Hazard Overlay District with a Conditional Use for wood millworks and outside storage of construction equipment and landscaping materials on the property.
Requested Zoning: "C-3 S MSAO-1 MLOD AHOD" General Commercial Military Sound Attenuation Overly Military Lighting Overlay Airport Hazard Overlay District with a Specific Use Authorization for a Cabinet or Carpenter Shop
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: June 2, 2015
Case Manager: Shepard Beamon, Planner
Property Owner: Fisher Properties, Inc. (Ian Fisher, President)
Applicant: Fisher Properties, Inc. (Ian Fisher, President)
Representative: Kaufman & Killen, Inc.
Location: 6305 Camp Bullis Road
Legal Description: 5.460 acres out of NCB 35936
Total Acreage: 5.460
Notices Mailed
Owners of Property within 200 feet: 6
Registered Neighborhood Associations within 200 feet: Forest Crest
Planning Team: North Sector Planning Team - 39
Applicable Agencies: Camp Bullis
Property Details
Property History: The subject property is located within the city limits. The property was originally zoned as Temporary "R-1" Single Family Residential District. On May 27, 1999, the property was rezoned from Temporary "R-1" Single Family District to "B-3" SUP Business District (Ordinance 89837). Upon the adoption of the 2001 Unified Development Code, the previous based zoning district converted to "C-3" General Commercial District.
Topography: None.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: "R-20"
Current Land Uses: Residential Single-Family
Direction: East
Current Base Zoning: "C-1", "R-6"
Current Land Uses: Vacant, Residential Single Family
Direction: South
Current Base Zoning: "MPCD"
Current Land Uses: Vacant
Direction: West
Current Base Zoning: "C-3"
Current Land Uses: General Commercial Uses, Mini-Storage
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.
All surrounding properties carry the "MSAO-1" Camp Bullis Military Sound Attenuation Overlay District, due to their proximity to Camp Bullis. The "MSAO-1" does not restrict permitted uses, but does enforce construction standards intended to lessen the impact of external noise from the nearby military installation. The "MSAO-1" regulations apply to new construction of habitable structures.
All surrounding properties carry the "MLOD-1" Military Lighting Overlay District, due to their proximity to Camp Bullis. The "MLOD-1" does not restrict permitted uses, but does regulate outdoor lighting in an effort to minimize night-time light pollution and its effects on operations at the military installation.
Transportation
Thoroughfare: Camp Bullis Road
Existing Character: Secondary Arterial Type A 86
Proposed Changes: None known.
Public Transit: None.
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: Industrial: Cabinet or Carpenter Shop - 1 per 1,500 sf GFA; 1 per 300 sf GFA.
ISSUE:
None.
ALTERNATIVES:
Denial of the zoning request will result in the subject property retaining the "C-3" General Commercial zoning.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff recommends 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 located within the North Sector Plan and is designated as a Country Tier. The current and requested base zoning district of "C-3" Commercial District is not consistent with the adopted land use designation. The applicant has applied for a Plan Amendment to change the designation to Regional Center land use. Staff and Planning Commission recommend approval of the Plan Amendment.
2. Adverse Impacts on Neighboring Lands:
Staff has found no evidence of likely adverse impacts on the neighboring lands in relation to this zoning change request. The proposed use is consistent with the established development pattern of the surrounding area.
3. Suitability as Presently Zoned:
The requested "C-3" General Commercial district is appropriate for the subject property. The requested "C-3" will not have any effects on the future development. The site location is on a "Secondary Arterial Type A 86 Thoroughfare" and adjacent to other commercial use. The requested "C-3" base zoning district is consistent with the adopted land use designation.
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 is 5.460 acres in size, which accommodates the proposed development with adequate space for parking.
7. Other Factors:
The following comments were submitted from representatives from the U.S. Army and Camp Bullis in regard to the land use and future zoning of the subject property:
The proposed plan change to Regional Center includes the potential for multi-family housing, the Army has concerns regarding traffic on Camp Bullis Road and regarding the potential for noise complaints.
Camp Bullis Road is the primary alternate ingress for Camp Bullis and traffic along Military Hwy is increasing, thus there is a real possibility that eventually Camp Bullis Road will be needed for ingress. Also, the flight track leading to the drop zone on Camp Bullis flies over this area and low flying C-130s and other military aircraft that fly over this area would not be compatible with multi-family housing due to potential noise complaints. The Military Sound Attenuation Overlay district would partially mitigate this issue, but even with that, dense multi-family housing would not be compatible.
The applicant's attorney (Bill Kaufman) has clarified that they do not intend to develop multi-family housing on this tract. Mr. Kaufman has indicated that this will be entered in to record at Planning and Zoning Commission hearings. He also clarified that at the Zoning Commission hearing, the rezoning request will be for a change from "C3 CD" to "C-3 S" (for cabinet making).
With multi-family housing excluded from the landowner's zoning request the concerns noted have been mitigated.