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File #: 14-1554   
Type: Zoning Case
In control: City Council A Session
On agenda: 8/7/2014
Posting Language: ZONING CASE # Z2014175 (District 7): An Ordinance amending the Zoning District Boundary from "C-2 AHOD" Commercial Airport Hazard Overlay District to "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District on Lots 70 and 71, Block 22, NCB 7508 located at 4738 Pettus Street. Staff and Zoning Commission recommend approval.
Attachments: 1. Z2014-175, 2. Z2014175
DEPARTMENT: Development Services      
 
DEPARTMENT HEAD: Roderick Sanchez
            
COUNCIL DISTRICTS IMPACTED: Council District 7
 
SUBJECT:
Zoning Case Z2014175
 
SUMMARY:
Current Zoning:  "C-2 AHOD" Commercial Airport Hazard Overlay District
 
Requested Zoning:  "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District
 
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: June 17, 2014
 
Case Manager: Brenda V. Martinez, Planner
 
Property Owner: Enrique Padilla, Jr.
 
Applicant: Enrique Padilla, Jr.
 
Representative: Bonnie Padilla
 
Location: 4738 Pettus Street
 
Legal Description: Lots 70 and 71, Block 22, NCB 7508
 
Total Acreage: 0.2066
 
Notices Mailed
Owners of Property within 200 feet: 28
Registered Neighborhood Associations within 200 feet: Culebra Park Neighborhood Association is located within 200 feet.
Planning Team: West/Southwest Sector Plan - 35
Applicable Agencies: None
Property Details
Property History:  The subject property is currently undeveloped.  The site was annexed in 1945 and was originally zoned "F" Local Retail District.  Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current "C-2" Commercial District.  The property owner is requesting a zoning change in order to allow the development of a single-family residence.    
 
Topography:  The property does not include any abnormal physical features such as significant slope or inclusion in a flood plain.
 
Adjacent Base Zoning and Land Uses
Direction: North  
Current Base Zoning: "RM-4"
Current Land Uses: Duplexes  
 
Direction: South, East and West  
Current Base Zoning: "C-2"
Current Land Uses: Vacant Land, Single-Family Residence and a Beauty Salon
 
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: Pettus Street   
Existing Character: Local Street; 1 lane in each direction   
Proposed Changes: None known
 
Thoroughfare: Entex Lane  
Existing Character: Local Street (cul-de-sac); 1 lane in each direction     
Proposed Changes: None known.  
 
Thoroughfare: West Broadview
Existing Character: Local Street; 1 lane in each direction    
Proposed Changes: None known.  
 
Thoroughfare: Rita Lane  
Existing Character: Local Street; 1 lane in each direction    
Proposed Changes: None known.  
 
Public Transit:  The nearest VIA bus lines are the number 82 line and 282 line, which operate along Culebra Road south of the subject property.
 
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: Single-family residential uses are generally required to provide at least one parking space per dwelling unit.
 
ISSUE:
None.
 
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current commercial zoning; restricting future land uses to those permissible in a "C-2" base zoning district.
 
FISCAL IMPACT:
None. The zoning request is eligible for the Inner City Reinvestment Infill Policy fee waiver. The Development Services Department fees will be reimbursed through grant funding.
 
RECOMMENDATION:
Staff and Zoning Commission (7-0) 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 West/Southwest Sector Plan and is currently designated as "General Urban Tier" in the Future Land Use Plan.  The zoning request is consistent with the Future Land Use designation.
 
2.  Adverse Impacts on Neighboring Lands:  
Staff finds no likely adverse impacts of the requested "R-4" district on neighboring properties.  Although much of the surrounding area carries commercial zoning, many of the lots located along Pettus Street are developed as single-family residences.  
 
The property is surrounded by commercial zoning save those properties to the north.  Development in a "C-2" zoning district will trigger building setbacks, a Type B 15-foot landscape buffer and a 6-foot tall solid screen fence where the commercially zoned lots abut residential zoning and uses.
 
3.  Suitability as Presently Zoned:  
The existing zoning is not appropriate for the subject property or the surrounding neighborhood.  The current commercial zoning is the result of out-dated zoning practices that were once common.  Current zoning practices would not place commercial zoning in or near established residential neighborhoods.
 
The requested zoning is appropriate for this location and is in character with the existing residential neighborhood to the north and west.
 
4.  Health, Safety and Welfare:  
Staff has found no indication of likely adverse effects on the public health, safety, or welfare due to this request.
 
5.  Public Policy:  
The property is located within the Inner City Reinvestment Policy (ICRIP) area.  The purpose of the ICRIP is to promote growth and development in the inner city, specifically in areas that are currently served by public infrastructure and transit, but underserved by residential and commercial real estate markets.
 
6.  Size of Tract:  
The subject property measures 0.2066 acres and would appear to be of sufficient size to accommodate the proposed use.
 
7.  Other Factors:  
None.