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File #: 14-615   
Type: Zoning Case
In control: City Council A Session
On agenda: 4/3/2014
Posting Language: ZONING CASE # Z2014076 (District 2): An Ordinance amending the Zoning District Boundary from "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District, "MF-33 AHOD" Multi-Family Airport Hazard Overlay District, "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for a Mini-warehouse and "C-3 AHOD" General Commercial Airport Hazard Overlay District to "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District on 61.9746 acres out of NCB 17699 and NCB 16554, portions of the 6600 Block of North Graytown Road. Staff and Zoning Commission recommend approval, pending plan amendment. (Associated Plan Amendment # 14024)
Attachments: 1. Location Map, 2. Z2014076, 3. Draft Ordinance, 4. Ordinance 2014-04-03-0214
Related files: 14-611
DEPARTMENT:  Development Services      
 
DEPARTMENT HEAD:  Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED:  Council District 2
 
SUBJECT:
Zoning Case Z2014076
 
SUMMARY:
Current Zoning:  "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District, "MF-33 AHOD" Multi-Family Airport Hazard Overlay District, "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for a Mini-warehouse and "C-3 AHOD" General Commercial Airport Hazard Overlay District
 
Requested Zoning:  "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date:  March 04, 2014
 
Case Manager:  Krystin Ramirez, Planning Technician
 
Property Owner:  Velma Development, LLC (by Gordon V. Hartman, President of GVH Enterprises Management LLC, General Partner of Gordon V. Hartman Enterprises, LP, its Sole Manager)
 
Applicant:  KFW Engineers and Surveying (George Weron, P. E.)
 
Representative:  KFW Engineers and Surveying (George Weron, P. E.)
 
Location:  Portions of the 6600 Block of North Graytown Road
 
Legal Description:  61.9746 acres out of NCB 17699 and NCB 16554
 
Total Acreage:  61.9746
 
Notices Mailed
Owners of Property within 200 feet:  15
Registered Neighborhood Associations within 200 feet:  None
Planning Team:  IH-10 East Corridor Perimeter Plan (12)
Applicable Agencies:  None
 
Property Details
Property History:  The subject property was annexed in 1974 and was originally zoned "Temporary R-1" Temporary Single-Family Residence District. In a 1985 case, a portion of the property was rezoned to "B-2" Business District, "B-3" Business Districts and "R-3" Multi-Family Residence District. A rezoning case from 1989 rezoned the remaining subject property to "R-A" Residence - Agriculture District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted from "B-2" Business District, "B-3" Business District, "R-3" Multi-Family Residence District and "R-A" Residence - Agriculture District to "C-2" Commercial District, "C-3" General Commercial District, "MF-33" Multi-Family District and "NP-10" Neighborhood Preservation District, respectively. In 2007 the subject property was rezoned from "NP-10" Neighborhood Preservation District to "R-5" Residential Single-Family District and "C-2" Commercial District to "C-2 CD" Commercial District with a Conditional Use for a Mini-warehouse. The subject property is currently undeveloped.     
 
Topography:  The property does not include any abnormal physical features such as slope or inclusion in a floodplain; however, a drainage easement is located within the subject property.
 
Adjacent Zoning and Land Uses
Direction:  All
Current Base Zoning:  "C-2", "C-2CD", "C-3", "O-1", "MF-33", "NP-10", "R-5", "R-6" and "OCL"
Current Land Uses:  Single-family residences and vacant land
 
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:  North Graytown Road
Existing Character:  Local Street
Proposed Changes:  None known
 
Thoroughfare:  Boenig Drive
Existing Character:  Local Street
Proposed Changes:  None known
 
Public Transit:  VIA bus lines do not operate in the vicinity of the subject property.
 
Traffic Impact:  A Traffic Impact Analysis (TIA) report is required. A traffic engineer with knowledge of the proposed development must attend the Zoning Commission hearing.
 
Parking Information:  Single-family residences are required to provide at least one parking space per unit.
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current mult-family, commercial and residential zoning; restricting future land uses to those permissible in "MF-33", "C-2CD", "C-3" and "R-6" zoning districts.
 
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
 
RECOMMENDATION:
Staff and Zoning Commission (9-0) recommend approval, pending 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 IH 10 East Corridor Perimeter Plan and is currently designated as Neighborhood Commercial, Parks / Open Space and Low Density Residential in the future land use component of the plan. The requested "R-5" Residential Single-Family District base zoning district is consistent with the adopted Low Density Residential designation, however, it is not consistent with the Neighborhood Commercial designation. A master plan amendment has been submitted, requesting to change the Neighborhood Commercial land use designation to Low Density Residential. The Low Density Residential land use designation encourages single-family houses on individual lots.  Staff and Planning Commission recommend approval of the requested plan amendment.
 
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 existing single-family residences and vacant lands.
 
3. Suitability as Presently Zoned:
The "R-5" base zoning district is partially consistent with the adopted land use designation.  The current zoning is not appropriate for the subject property given the surrounding pattern of zoning and development.
 
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety, or welfare.
 
5. Public Policy:
The request does not appear to conflict with any public policy objective.
 
6. Size of Tract:
The subject properties total 61.9746 acres in size, which should reasonably accommodate the uses permitted in "R-5" and required parking.
 
7. Other Factors:
None.