DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: Council District 2
SUBJECT:
Zoning Case Z2014260
SUMMARY:
Current Zoning: "I-2 EP-1" Heavy Industrial Facility Parking/Traffic Control Overlay District
Requested Zoning: "C-2 EP-1" Commercial Facility Parking/Traffic Control Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: October 21, 2014
Case Manager: Trenton Robertson, Planner
Property Owner: Multiple Owners
Applicant: Richard A. Peacock
Representative: Andrew C. Guerrero
Location: 1819, 1812 North Walters Street; 2615, 2619 & 2623 Dignowity; 710, 806 & 820 Seguin Street
Legal Description: 2.412 acres out of NCB 1195 and NCB 1196
Total Acreage: 2.412
Notices Mailed
Owners of Property within 200 feet: 49
Registered Neighborhood Associations within 200 feet: Government Hill Alliance Neighborhood Association
Planning Team: Government Hill Neighborhood Plan-10
Applicable Agencies: None
Property Details
Property History: The subject property is located within the city limits as established in 1938 and was originally zoned "L" First Manufacturing District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to the current "I-2" Heavy Industrial District. The property is not platted. The existing 2,496 square foot commercial structure was built in 1968.
Topography: The property does not include abnormal physical features such as significant slope or inclusion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: "I-1"
Current Land Uses: Vacant and Bar
Direction: South
Current Base Zoning: "I-2"
Current Land Uses: Vacant and Single-Family Residential
Direction: East
Current Base Zoning: "I-1" and "MF-33"
Current Land Uses: Vacant, Parking Lot, Single-Family Residential and Restaurant
Direction: West
Current Base Zoning: "I-2"
Current Land Uses: Vacant, Single-Family Residential and Furnace Company
Overlay and Special District Information: The Facility Parking/Traffic Control District establishes regulations for parking and traffic around large facilities that attract large amounts of vehicle traffic. The overlay district is meant to regulate parking of vehicles in areas not properly zoned for commercial parking; to reduce aesthetic and traffic problems for persons and businesses in these areas; to reduce visual blight, congestion, and wear and tear on city streets; and to increase access for emergency vehicles in these areas.
Transportation
Thoroughfare: Seguin Street
Existing Character: Local; one lane in each direction with no sidewalks
Proposed Changes: None Known
Thoroughfare: North Walters Street
Existing Character: Secondary Arterial Type B 70'-86'; two lanes in each direction with sidewalks
Proposed Changes: None Known
Thoroughfare: Dignowity and Edgar Drive
Existing Character: Local; one lane in each direction with no sidewalks
Proposed Changes: None known
Thoroughfare: North Interstate Highway 35
Existing Character: Freeway 250'-500'; three lanes in each direction
Proposed Changes: None Known
Public Transit: VIA bus lines 22, 222 and 515 operates along North Walters Street, east of the subject property.
Traffic Impact: A Traffic Impact Analysis (TIA) is required, but can be deferred to the platting phase. A traffic engineer must be present at the Zoning Commission hearing.
Parking Information: Off-street vehicle parking requirements for restaurant and convenience store with gasoline sales uses are determined by the size of the structure.
Restaurant - Minimum Parking Requirement: 1 per 100 square feet Gross Floor Area (GFA). Maximum Parking Requirement: 1 per 40 square feet GFA.
Convenience Store with Gasoline Sales - Minimum Parking Requirement: 6 per 1,000 square feet Gross Floor Area (GFA). Maximum Parking Requirement: 10 per 1,000 square feet GFA.
ISSUE:
None.
ALTERNATIVES:
A denial of the zoning request will result in the subject property retaining the heavy industrial zoning; the subject property would not be able to be developed for commercial uses, but rather be developed as uses that could potentially be harmful to the health, safety and welfare of the surrounding neighborhood.
FISCAL IMPACT:
None. The applicant has paid the required zoning fees.
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 property is located within the Government Hill Neighborhood Plan and is currently designated as Community Commercial in the future land use component of the plan. The requested "C-2" base zoning district is consistent with the adopted land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff has found no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The surrounding area includes a mix of residential and commercial uses with a variety of vacant properties. Many of the properties along this portion of North Walters Street were developed as residential uses, but have transitioned to commercial uses and vacant property.
3. Suitability as Presently Zoned:
The existing zoning is not appropriate for the subject property. The "I-2" district is meant to accommodate industrial and manufacturing uses that should provide significant buffers and setbacks when abutting residential or commercial uses. The "C-2" district may act as a buffer between the interstate highway to the north of the subject property and the established residential neighborhood to the east and south.
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 rezoning request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is 2.412 of an acre in size, which should be able to reasonably accommodate the uses permitted in the "C-2" district and required parking. The size of the property will serve to limit the scale of future commercial development and its possible impact on neighboring properties.
7. Other Factors:
None.