DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 8
SUBJECT:
Zoning Case Z2014072
SUMMARY:
Current Zoning: "RM-4 CD" Residential Mixed District with a Conditional Use for Professional Offices and "C-2" Commercial District
Requested Zoning: "R-4" Residential Single-Family District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: February 4, 2014
Case Manager: Pedro Vega, Planner
Property Owner: Southwell Family Ltd. (by Scott Southwell, Registered Agent) and Judith N. Morton
Applicant: Richard Hale for Perry Homes, LLC
Representative: Brown & Ortiz, P.C.
Location: Portions of the 10000 through 10500 Blocks of Southwell Road
Legal Description: Lots 5, 6, 7, 8, 9, 10, 11 and the remaining portion of Lot 12, Block 5, NCB 14705
Total Acreage: 19.262
Notices Mailed
Owners of Property within 200 feet: 30
Registered Neighborhood Associations within 200 feet: Oakland Estates Neighborhood Association
Planning Team Members: Oakland Estates Neighborhood Plan -12
Applicable Agencies: None
Property Details
Property History: The subject property was annexed in December of 1972 (Ordinance 41426), and was originally zoned "Temp R-1" Temporary Single Family Residence District. In a 1999 large-area case, the majority of the property was rezoned to "R-8" Large Lot Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to "R-6" Residential Single-Family District and "R-20" Residential Single Family District, respectively. In 2006, entire subject property area was rezoned to the current "RM-4 CD" Residential Mixed District with a Conditional Use for Professional Offices and "C-2" Commercial District. The property consists of seven platted lots and the remaining portion of another platted lot. Two of the lots are currently developed as one single-family residence that measures 2,470 square feet and was built in 1943.
The applicant requests the zoning change in order to allow single-family residential development with a minimum lot size of 4,000 square feet.
Topography: The subject property is relatively flat and has no physical characteristics that are likely to affect the development.
Adjacent Zoning and Land Uses
Direction: North
Current Base Zoning: "RM-4 CD"
Current Land Uses: Vacant Land and Single-Family Dwellings
Direction: West across Southwell Road
Current Base Zoning: "R-6" and "RE"
Current Land Uses: Vacant Land, Single-Family Dwellings
Direction: South and East
Current Base Zoning: "C-2" and "MF-25"
Current Land Uses: Vacant Land and a Medical Facility
Transportation
Thoroughfare: Southwell Road, Verbena Road, Hollyhock Road and Lockhill Road
Existing Character: Local Streets; one lane in each direction with no sidewalks
Proposed Changes: None known
Thoroughfare: Huebner Road
Existing Character: Primary Arterial Type A; three lanes in each direction with center turn lane and sidewalks
Proposed Changes: None known
Thoroughfare: Prue Road
Existing Character: Secondary Arterial Type B; two lanes in each direction with partial sidewalks
Proposed Changes: None known
Public Transit: The VIA number 522 bus line operates along Huebner Road, south of the subject site; and VIA number 96 bus line operates along Prue Road, north of the subject site.
Traffic Impact: A Traffic Impact Analysis (TIA) is not required because traffic generated by the proposed development does not exceed the threshold requirements.
Parking Information: Off-street vehicle parking requirements for residential uses are determined by the number of dwelling units. Single-family residences are required to provide a minimum of one parking space; there is no maximum parking allowance.
ISSUE:
None.
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current zoning classification.
FISCAL IMPACT:
None. The applicant has paid the required zoning application fees.
RECOMMENDATION:
Staff and Zoning Commission (10-0) 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 Oakland Estates Neighborhood Plan and is identified as Medium Density Mixed Use in the future land use component of the plan. The zoning request is not consistent with the adopted future land use designation. A master plan amendment has been submitted, requesting to change the text of the plan to include "R-4" Residential Single-Family District as a related zoning district for the Medium Density Mixed Use land use classification. Staff and Planning Commission recommend approval of the plan amendment request.
2. Adverse Impacts on Neighboring Lands:
Staff has found no evidence of likely adverse impacts on the surrounding properties related to this zoning change request.
3. Suitability as Presently Zoned:
Both the current and proposed zoning districts are appropriate for the area. The "R-4" district requires a minimum lot size of 4,000 square feet, limits single-family residential density to 11 units per acre, and does not include any specialized design standards.
The "RM-4" zoning district allows one to four dwelling units on a 4,000 square foot lot. The requested zoning change will serve to limit the residential density of the subject properties, while maintaining the single-family residential character of the area. Although the "RM" districts allow single-family residential uses, new subdivisions consisting of ten or more lots located within an "RM" district require a mix of housing types. The proposed single-family subdivision would be required to include some lots that are not single-family.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety, or welfare. The proposed "R-4" district would support the goals of the Oakland Estates Neighborhood Plan of protecting the existing residential neighborhoods and provide support for future housing opportunities that would be compatible with adjacent uses.
5. Public Policy:
Should the plan amendment request be approved, the request does not appear to conflict with any public policy objective. The plan encourages higher residential densities for the subject properties.
6. Size of Tract:
The subject property is 19.262 acres in size, which would accommodate a maximum of 211 dwelling units. However, this maximum calculation does not account for any future right-of-way dedication or infrastructure.
7. Other Factors:
Single-family residential zoning districts are composed mainly of areas containing single-family dwellings and open area where similar residential development seems likely to occur.
Residential-Single Family districts provide minimum lot size and density requirements in order to preserve neighborhood character.