DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 1
SUBJECT:
Zoning Case Z2014198
SUMMARY:
Current Zoning: "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District
Requested Zoning: "NC AHOD" Neighborhood Commercial Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: August 5, 2014
Case Manager: Krystin Ramirez, Planner
Property Owner: Richard & Alice Anne Zanikos
Applicant: Isaac Ojeda
Representative: Isaac Ojeda
Location: 1023 Shook Avenue
Legal Description: Lot 20, NCB 6009
Total Acreage: 0.1722
Notices Mailed
Owners of Property within 200 feet: 19
Registered Neighborhood Associations within 200 feet: None
Planning Team: North Central Neighborhoods Community Plan (74)
Applicable Agencies: None
Property Details
Property History: The subject property is located within the city limits as established in 1938 and was originally zoned "B" Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "R-4" Residential Single-Family District. The property was platted into its current configuration in 1955 (volume 3700, page 64) and is developed with a 1492 square foot nonresidential structure that was built in 1960.
The rezoning request is meant to bring the nonconforming art studio into compliance and to allow expansion of the building.
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
Current Base Zoning: "R-4"
Current Land Uses: Duplexes and single-family residences
Direction: East
Current Base Zoning: "R-5"
Current Land Uses: Single-family residences
Direction: South and Southwest
Current Base Zoning: "MF-33"
Current Land Uses: Medical offices
Direction: West
Current Base Zoning: "C-2"
Current Land Uses: Apartments
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: East Hildebrand Avenue
Existing Character: Second Arterial Type B; two lanes in each direction with sidewalks
Proposed Changes: None known
Thoroughfare: Shook Avenue, Park Hill, and Holland
Existing Character: Local Streets; one lane in each direction
Proposed Changes: None known
Public Transit: VIA bus lines 509 operates along East Hildebrand Avenue.
Traffic Impact: A Traffic Impact Analysis (TIA) report is not required. The traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: Off-street vehicle parking requirements are determined by type of use and building size. The zoning application refers to a proposed fine arts studio or art gallery.
Studio - Fine or Performing Arts or Retail - Art Gallery: Minimum Parking Requirement: 1 space per 300 square feet Gross Floor Area (GFA); Maximum Parking Requirement: 1 space per 200 square feet GFA
ISSUE:
None.
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the existing zoning designation.
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
RECOMMENDATION:
Staff and Zoning Commission (9-0) recommend approval pending the plan amendment.
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 Central Neighborhoods Community Plan and is currently designated as High Density Residential in the future land use component of the plan. The requested "NC" base zoning district is not consistent with the adopted land use designation. A master plan amendment has been submitted, requesting to change the future land use designation to Neighborhood Commercial, which encourages professional services and small-scale retail uses located where an existing commercial area has been established to serve the immediate surrounding residential neighborhood. Staff and Planning Commission recommend approval of the plan amendment request.
2. Adverse Impacts on Neighboring Lands:
Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The area includes many low-intensity commercial uses. Although most development along Shook is residential, the block just north of Hildebrand was originally developed as offices. Approval of the requested "NC" district will not constitute a loss of housing stock.
3. Suitability as Presently Zoned:
The current "R-4" base zoning district is not consistent with the High Density Residential land use designation. New single-family development may be unlikely due to the surrounding office and duplex uses.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety, or welfare.
5. Public Policy:
Should the plan amendment request be approved, the rezoning request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject properties total 0.1722 of an acre in size, which should reasonably accommodate the uses permitted in "NC". The small size of the property will serve to limit the scale and intensity of any future commercial use.
7. Other Factors:
None.