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File #: 15-4694   
Type: Zoning Case
In control: City Council A Session
On agenda: 9/17/2015
Posting Language: ZONING CASE # Z2015141 CD (Council District 7): An Ordinance amending the Zoning District Boundary from "C-1 NCD-3 AHOD" Light Commercial Ingram Hills Neighborhood Conservation Airport Hazard Overlay District to "C-2 CD NCD-3 AHOD" Commercial Ingram Hills Neighborhood Conservation Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales on Lot 304 Save and Except the NW IRR 35.32 Feet of 304, Block E, NCB 11553 located at 4704 Callaghan Road and 100 West Horseshoe Bend. Staff and Zoning Commission recommend Approval, with Conditions. (Continued from August 20, 2015)
Attachments: 1. Z2015141 CD Location Map, 2. Z2015141 CD Site Plan, 3. Z2015141 CD Minutes, 4. DRAFT ORDINANCE, 5. Ordinance 2015-09-17-0828

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Roderick Sanchez

                     

COUNCIL DISTRICTS IMPACTED: 7

 

SUBJECT:

Zoning Case Z2015141 CD

 

SUMMARY:

Current Zoning:  "C-1 NCD-3 AHOD" Light Commercial Ingram Hills Neighborhood Conservation Airport Hazard Overlay District

 

Requested Zoning:  “C-2 CD NCD-3 AHOD" Commercial Ingram Hills Neighborhood Conservation Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  June 2, 2015.  This case was continued from the May 5, 2015 hearing.

 

Case Manager:  Logan Sparrow, Planner

 

Property Owner:  Trinidad Ayala

 

Applicant:  Trinidad Ayala

 

Representative:  Baltazar R. Serna Jr

 

Location:  4704 Callaghan Road and 100 West Horseshoe Bend

 

Legal Description:  Lot 304 save and except the NW IRR 35.32 Feet of lot 304, Block E, NCB 11553

 

Total Acreage:  1.073

 

Notices Mailed

Owners of Property within 200 feet:  40

Registered Neighborhood Associations within 200 feet:  Ingram Hills and Thunderbird Hills (within 200 feet)

Planning Team:  Ingram Hills Planning Team-17

Applicable Agencies:  None

 

Property Details

Property History:  The subject property was annexed on June 30, 1955, which was established by Ordinance 21436. The property was rezoned from “A” Single-Family Residence District to “B-1” Business District, which was established by Ordinance 57480, dated August 25, 1983.

                     

Topography:  None.

 

Adjacent Base Zoning and Land Uses

Direction:  North

Current Base Zoning:  “RM-4” Residential Mixed District

Current Land Uses:  Condominiums

 

Direction:  East

Current Base Zoning:  “C-1 CD” Light Commercial District with Conditional Use for Auto Recovery

Current Land Uses:  Auto Recovery Service

 

Direction:  South

Current Base Zoning:  “R-20” Residential Single-Family

Current Land Uses:  Vacant

 

Direction:  West

Current Base Zoning:  “C-2” Commercial District

Current Land Uses:  Single-Family Dwelling

 

Overlay and Special District Information:  The subject property is located within the “NCD-3” Ingram Hills Neighborhood Conservation District. The NCD does not restrict permitted uses, but does mandate certain design requirements and restrictions for development within the community. Any proposed development would have to comply with the Ingram Hills Neighborhood Conservation District design requirements.

 

Transportation

Thoroughfare:  Callaghan Road

Existing Character:  Secondary Arterial A, two lanes in each direction with turn lane and sidewalks

Proposed Changes:  None known

 

Thoroughfare:  E Horseshoe Bend

Existing Character:  Local, one lane in each direction without sidewalks

Proposed Changes:  None known

 

Public Transit:  None

 

Traffic Impact:  A Traffic Impact Analysis (TIA) report is not required.  The traffic generated by the proposed development does not exceed the threshold requirements.

 

Parking Information:  The use of Motor Vehicle Sales must provide a minimum of one parking space per 500 square feet of gross floor area (GFA) or a maximum of one parking space per 375 square feet of GFA

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the request would result in the subject property retaining its current “C-1” Light Commercial base zoning district.

 

FISCAL IMPACT:

None.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (8-2) to Approve with Conditions.

 

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 Ingram Hills Neighborhood Plan and is currently designated as Community Commercial in the land use component of the plan. The requested “C-2” base zoning district is consistent with the adopted land use plan

 

2.  Adverse Impacts on Neighboring Lands: 

Staff has found no evidence of likely adverse impacts on neighboring lands in relation to the zoning change request as long as certain conditions are imposed on the use.

 

3.  Suitability as Presently Zoned: 

The current “C-1” Light Commercial base zoning district is appropriate for the surrounding area.

 

4.  Health, Safety and Welfare: 

Staff has found no indication of likely adverse effects on the public health, safety, and welfare.

 

5.  Public Policy: 

The request appears to conflict with the Ingram Hills Neighborhood Plan by introducing a use otherwise permitted in the “C-3” General Commercial base zoning district. “C-3” uses are not permitted within the Community Commercial land use designation in the Ingram Hills Neighborhood Plan.

 

6.  Size of Tract: 

The 1.073 acre tract is of sufficient size for the proposed development.

 

7.  Other Factors: 

The Conditional Use zoning procedure is designed to provide for a land use within an area 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.

 

Staff recommends the following conditions:

1.                     No access to the property off of West Horseshoe Bend

2.                     Landscape and fencing buffer along West Horseshoe Bend

3.                     Hours of operation, Monday-Sunday 10am-6pm

4.                     Lighting directed away from residential areas

5.                     No outdoor speakers

6.   Compliance with the Ingram Hills Neighborhood Conservation District