DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 7
SUBJECT: Zoning Case Z2020-10700225 CD
SUMMARY:
Current Zoning: "R-4 NCD-8 AHOD" Residential Single-Family Woodlawn Lake Neighborhood Conservation Airport Hazard Overlay
Requested Zoning: "R-4 CD NCD-8 AHOD" Residential Single-Family Woodlawn Lake Neighborhood Conservation Airport Hazard Overlay District with a Conditional Use for two (2) dwelling units
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: November 17, 2020
Case Manager: Lorianne Thennes, Planner
Property Owner: Benjamin Rodriguez
Applicant: Benjamin Rodriguez
Representative: Benjamin Rodriguez
Location: 2915 West French Place
Legal Description: Lot 27, Block 12, NCB 1981
Total Acreage: 0.1540 acres
Notices Mailed
Owners of Property within 200 feet: 24
Registered Neighborhood Associations within 200 feet: None
Applicable Agencies: Planning Department
Property Details
Property History: The subject property is part of the original 36 square miles of the city and was originally zoned “B” Residence District. The previous “B” district converted to the current “R-4” Residential Single-Family 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: “R-4”
Current Land Uses: Single-family dwellings
Direction: East
Current Base Zoning: “R-4”
Current Land Uses: Single-family dwellings
Direction: South
Current Base Zoning: “R-4”
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.
"NCD"
The Woodlawn Lake Neighborhood Conservation District (NCD-8) is an overlay zoning district that contains design guidelines for rehabilitation of existing residential and commercial development. Property owners, together with the Department of Planning and Community Development staff, develop the design guidelines. These guidelines can address building materials, height, size, massing, signage, sidewalk location, etc. A zoning review is performed by the Zoning Section of the Development Services Department.
Transportation
Thoroughfare: West French Place
Existing Character: Local
Proposed Changes: None
Public Transit: There are VIA bus routes within walking distance of the subject property.
Routes: 89, 90, 289, 522
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 two (2) dwelling units is 1 parking space per each unit.
ISSUE: None.
ALTERNATIVES:
Current: The current “R-4” Residential Single-Family District provides areas for medium- to high-density, single-family residential uses where adequate public facilities and services exist with capacity to serve development. This district is 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.
Proposed: The proposed “R-4” Residential Single-Family District provides areas for medium- to high-density, single-family residential uses where adequate public facilities and services exist with capacity to serve development. This district is 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 proposed “CD” would allow for two (2) dwelling units.
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 and Zoning Commission (11-0) 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 Near Northwest Community Plan and is currently designated as “Urban Low Density Residential.” The requested “R-4” is consistent with the future land use designation.
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 base “R-4” district will remain the same. The “CD” Conditional Use allows consideration of an additional dwelling unit.
3. Suitability as Presently Zoned:
The current "R-4” Residential Single-Family is an appropriate zoning for the property and surrounding area. The “R-4 CD” Residential Single-Family with Conditional Use for two dwelling units is also appropriate and characteristic to the area.
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 Near Northwest Community Plan:
Goal 3- Preserve and revitalize the community’s unique mix of quality housing.
Objective 3.1- Provide well-maintained housing for a mix of incomes.
Objective 7.1- Increase community awareness and encourage proactive involvement in code compliance issues.
6. Size of Tract:
The subject property is 0.1540 acres, which could reasonably accommodate two (2) dwelling units.
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.
Although the property is allowed a duplex as a result of the “B” to “R-4” conversion, the applicant is proposing two detached dwelling units. The request results in the same density as allowed in the current zoning, if the property were owner occupied.
The rear unit is presently existing nonconforming, any additional expansion or improvements will require a variance to the side and rear setbacks as the property currently encroaches into the rear setback by 14.5 feet and the side setbacks by 0.5 feet on each side.