DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 7
SUBJECT:
Zoning Case Z-2018-900054 CD
SUMMARY:
Current Zoning: “R-6” Residential Single-Family District
Requested Zoning: “R-6 CD” Residential Single-Family District with Conditional Use for a Daycare
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: December 18, 2018
Case Manager: Dominic Silva, Planner
Property Owner: Jeffrey Johnson
Applicant: Christian Smithroat
Representative: Christian Smithroat
Location: 7700 Tezel Road
Legal Description: Lot 1, Block 2, NCB 18315
Total Acreage: 5.0
Notices Mailed
Owners of Property within 200 feet: 29
Registered Neighborhood Associations within 200 feet: Village in the Woods Homeowners Association
Applicable Agencies: None
Property Details
Property History: The subject property was originally Temporary “R-1” Residential District, established by Ordinance 33412, dated June 28, 1965. Upon the adoption of the 2001 Unified Development Code, the previous “R-1” converted to the current “R-6” Residential Single-Family District.
Topography: The subject property is not located within the 100-year flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: “R-4”
Current Land Uses: Residential
Direction: East
Current Base Zoning: “R-5 PUD”
Current Land Uses: Residential
Direction: South
Current Base Zoning: “C-2NA S”
Current Land Uses: Storage Units
Direction: West
Current Base Zoning: “C-3NA”
Current Land Uses: Retail Center
Overlay and Special District Information:
Transportation
Thoroughfare: Tezel
Existing Character: Minor
Proposed Changes: None Known
Public Transit: No VIA bus routes are within walking distance of the subject property.
Traffic Impact: A Traffic Impact Analysis (TIA) is not required.
Parking Information:
The minimum number of parking spaces for a day care center is 1 per 375 sf GFA
ISSUE:
None.
ALTERNATIVES:
Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “R-6”. These districts provide areas for medium- to high-density, single-family residential uses where adequate public facilities and services exist with capacity to serve development. These districts are composed mainly of areas containing single-family dwellings and open area where similar residential development seems likely to occur. Residential single-family provides minimum lot size and density requirements in order to preserve neighborhood character. The Conditional Use zoning procedure is designed to provide for a land use that is not permitted by the established zoning district, but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.
FISCAL IMPACT:
None.
Proximity to Regional Center/Premium Transit Corridor
The property is not located within a Regional Center or half a mile of a Premium Transit Corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (10-0) recommend 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 Northwest Plan and is currently designated as “Public Institutional” in the future land use component of the plan. The requested “R-6” base zoning is consistent with the future land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff finds evidence of likely adverse impacts on neighboring lands in relation to this zoning change request due to its proximity to residential single-family subdivisions.
3. Suitability as Presently Zoned:
The current “R-6” Residential Single-Family is an appropriate zoning for the property. It is a current church facility and a portion is being sold for daycare operations that are separate or apart from the church functions. The proposed “R-6 CD” maintains the base residential district and allows for the one additional use as a daycare. Daycares are uses that are typically located near or adjacent to residential subdivisions.
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 appear to conflict with the following goals, principles, and objectives of the Northwest Community Plan.
Northwest Community Plan Relevant Goals and Objectives:
• Promote a shared facilities approach that combines schools, libraries and parks.
• Work with developers to plan to dedicate land for future school sites, and promote co-location of schools, libraries, parks, and other community facilities
• Discourage commercial strip development
6. Size of Tract:
The subject property is 5.0 acres, adequately supports the church use and will also accommodate the daycare.
7. Other Factors:
The Conditional Use zoning procedure is designed to provide for a land use that is not permitted by the established zoning district, but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.