DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT: Zoning Case Z2021-10700112
SUMMARY:
Current Zoning: "C-3 MLOD-3 MLR-2 AHOD" General Commercial Martindale Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District
Requested Zoning: "R-4 MLOD-3 MLR-2 AHOD" Residential Single-Family Martindale Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: June 15, 2021
Case Manager: Michael Pepe, Senior Planner
Property Owner: John Kimberlin
Applicant: John Kimberlin
Representative: Brown and Ortiz, PC
Location: 329 Blaine Street
Legal Description: Lot 8 and the west 17 Feet of Lot 9, Block X, NCB 1336
Total Acreage: 0.1420
Notices Mailed
Owners of Property within 200 feet: 32
Registered Neighborhood Associations within 200 feet: Dignowity Hill Neighborhood Association
Applicable Agencies: Martindale Army Airfield
Property Details
Property History: The subject property is part of the original 36 square miles of the city and was originally zoned “H” Retail District. The previous “H” district converted to “C-3” General Commercial District in the zoning district conversion that accompanied the adoption of the 2001 UDC, according to Ordinance 93881 in May 2001.
Topography: The property does not include any abnormal physical features such as slope or incursion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: “C-3”
Current Land Uses: Single-family dwellings
Direction: East
Current Base Zoning: “C-3”
Current Land Uses: Small Retail
Direction: South
Current Base Zoning: “C-3”
Current Land Uses: Single-family dwellings
Direction: West
Current Base Zoning: “R-4”
Current Land Uses: Single-family dwellings
Overlay and Special District Information:
"AHOD"
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.
"MLOD-3"
All surrounding properties carry the "MLOD-3" Military Lighting Overlay District, due to their proximity to Martindale. The "MLOD-3" 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: Blaine
Existing Character: Local
Proposed Changes: None
Public Transit: There are VIA bus routes within walking distance of the subject property.
Routes Served: 20, 22, 222
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: The minimum parking requirement for a single-family home is one space per unit.
ISSUE: None.
ALTERNATIVES:
Current: The current “C-3” district is intended to provide for more intensive commercial uses than those located within the NC, C-1 or C-2 zoning districts. C-3 uses are typically characterized as regional shopping centers, power centers, and/or assembly of similar uses into a single complex. There are no building size limitations, and building height is limited to 35 feet. Examples of permitted uses: bar/tavern & nightclub, amusement/theme parks, dance hall, indoor movie theater, auto repair, auto sales, auto glass sales (installation permitted), auto muffler (sales and installation only), hotel, bookbinder, dry cleaning or laundry plant, indoor flea market, home improvement center, body piercing/massage/tattoo parlor. No outdoor storage is permitted. Outdoor operations and display shall be permitted in areas which are screened as provided in 35-510 of the Unified Development Code.
Proposed: The proposed “R-4” would allow Single-family dwelling (detached) with a minimum lot size of 4,000 square feet and a minimum lot width of 35 feet, foster family home, public and private schools.
FISCAL IMPACT: None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not within a regional center but is within a premium transit corridor.
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 Dignowity Hill Neighborhood Plan and is currently designated as “Low Density Residential”. The requested “R-4” is consistent with the future land use designation and would bring the property in line with the future land use plan.
2. Adverse Impacts on Neighboring Lands:
Staff does not find evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The proposed “R-4” would eliminate the current potential impacts of the current “C-3” General Commercial District. The request also constitutes a downzoning.
3. Suitability as Presently Zoned:
The current "C-3” General Commercial District is not an appropriate zoning for the property and surrounding area. The proposed zoning of “R-4” would be more appropriate for the property and the surrounding area, which is currently developed as a single-family home. Additionally, properties to the west are also zoned “R-4” Residential Single-Family.
4. Health, Safety and Welfare:
Staff has not found indication of likely adverse effects on the public health, safety, or welfare.
5. Public Policy:
The proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the Dignowity Hill Neighborhood Plan:
Goal 2: Enhance the historic character of the neighborhood
Goal 8: Increase homeownership through infill development and housing rehabilitation
Goal 9: Well maintained and diverse housing stock Goal 10: Preserve the unique historic character of Dignowity Hill
6. Size of Tract:
The subject property is 0.1420 acres, which could reasonably accommodate the proposed residential uses.
7. Other Factors:
The subject property is located within the Martindale AAF Awareness Zone/Military Influence Area. In accordance with the signed Memorandum of Understanding, JBSA was notified of the proposed request. The Military has indicated that there are no objections to this request.
The applicant is rezoning to bring the existing single-family home into conformance.