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File #: 15-4414   
Type: Zoning Case
In control: City Council A Session
On agenda: 9/3/2015
Posting Language: ZONING CASE # Z2015245 (Council District 2): An Ordinance amending the Zoning District Boundary from "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District and "I-1 AHOD" General Industrial Airport Hazard Overlay District to "MF-33 AHOD" Multi-Family Airport Hazard Overlay District on Lot 16, Block 1, NCB 10331, located at 1691 Rigsby Avenue. Staff and Zoning Commission recommend Approval.
Attachments: 1. Z2015-245 Location Map, 2. Z2015245 Zoning Minutes, 3. Ordinance 2015-09-03-0748

DEPARTMENT: Development Services                     

 

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2015245

 

SUMMARY:

Current Zoning: "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District and "I-1 AHOD" General Industrial Airport Hazard Overlay District

 

Requested Zoning: "MF-33 AHOD" Multi-Family Airport Hazard Overlay District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date: August 4, 2015   

 

Case Manager: Robert C. Acosta, Planner

 

Property Owner: Cruz R. Ortiz    

 

Applicant: Cruz R. Ortiz    

 

Representative: Branden Lopez and Rafael Diaz    

 

Location: 1691 Rigsby Avenue  

 

Legal Description: Lot 16, Block 1, NCB 10331

 

Total Acreage: 0.2296   

 

Notices Mailed

Owners of Property within 200 feet: 22

Registered Neighborhood Associations within 200 feet: None 

Planning Team:  None

Applicable Agencies: None 

 

Property Details

Property History: The property was originally annexed in 1950 and zoned Temporary “J” Commercial District in the front and “B” Residential District in the rear section. In 1965 the property was rezoned from “J” to “I-1” Industrial District and from “B” to “R-7”.  Upon the adoption of the 2001 Unified Development Code, the “I-1” remained as “I-1” and the “R-7” converted to "R-4" Residential Single-Family District.  The applicant currently has a multi-family development consisting of seven (7) units on the subject property.

                     

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:  R-4, C-2, C-2 CD 

Current Land Uses:  Vacant land and Retail Store    

 

Direction:  East 

Current Base Zoning: R-4, I-1 

Current Land Uses:  Single-Family Residence, Restaurant, Bakery and Vacant land        

 

Direction:  South  

Current Base Zoning: R-6, C-2NA   

Current Land Uses: Single-Family Residences and Church

 

Direction:  West  

Current Base Zoning: R-4, I-1  

Current Land Uses:  Single-Family Residences

 

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: Rigsby Avenue    

Existing Character: Primary Arterial Type A

Proposed Changes: None known.

 

Thoroughfare: Roland Avenue  

Existing Character: Secondary Arterial Type A  

Proposed Changes: None known.

 

Thoroughfare: Beethoven Avenue       

Existing Character: Local Street

Proposed Changes: None known

 

Thoroughfare: Aurelia Street      

Existing Character: Local Street

Proposed Changes: None known

 

Public Transit: There is a VIA bus stop across the street from the subject property at the corner of Rigsby Avenue and Beethoven Avenue. 

 

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: 1.5 spaces per unit. Maximum Parking Requirement: 2 spaces per unit.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the zoning request will result in the subject property retaining the "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District and "I-1 AHOD" General Industrial Airport Hazard Overlay District.

 

FISCAL IMPACT:

None.

 

RECOMMENDATION:

Staff Analysis and 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 property is not located within any of the adopted Neighborhood or Sector Plans. The applicant requests this zoning change in order to bring the subject property into compliance with applicable zoning regulations. The properties to the east and west are also classified as “I-1” and include commercial and single-family residential uses.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds that there are no adverse impacts on adjacent properties. The request to rezone to “MF-33” would allow a total of seven (7) units and would be consistent with the development pattern along Rigsby Avenue a major arterial.

 

 

3.  Suitability as Presently Zoned: 

The current “I-1” and “R-4”zoning is not suitable for the subject property.  The parcel is only .2296 acres and, as such, industrial and/or residential development on this site would be difficult considering the setback and buffering requirements.

 

4.  Health, Safety and Welfare: 

The health, safety, and welfare of the public will not be adversely impacted. The city’s traffic engineers have reviewed the request and determined that there will be no significant impact as a result of the requested rezoning, or the proposed multi-family project.

 

5.  Public Policy: 

The requested rezoning does not appear to be in conflict with any public policy.

 

6.  Size of Tract: 

The subject property is 0.2296 acres in size. 

 

7.  Other Factors: 

None.