DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Zoning Case Z2015261
(Associated Plan Amendment 15073)
SUMMARY:
Current Zoning: "R-6 H AHOD" Residential Single-Family Government Hill Historic Airport Hazard Overlay District
Requested Zoning: "MF-33 H AHOD" Multi-Family Government Hill Historic Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: September 01, 2015
Case Manager: Logan Sparrow, Senior Planner
Property Owner: Mercury Rock
Applicant: Don Shin
Representative: Don Shin
Location: 630 East Carson Street
Legal Description: East 13.8 of North 118.5 of Lot 7 and North 118.5 of Lot 8 OR 7A & 8A, Block 3, NCB 1264
Total Acreage: 0.2032
Notices Mailed
Owners of Property within 200 feet: 26
Registered Neighborhood Associations within 200 feet: Government Hill Alliance Neighborhood Association.
Planning Team: Government Hill Alliance Planning Team - 10
Applicable Agencies: None.
Property Details
Property History: The subject property was rezoned from “MF-33 AHOD” Multi-Family Airport Hazard Overlay District to "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District, following the adoption of Ordinance 2010-11-04-0971, dated November 04, 2010 as part of a large-area rezoning for the Government Hill community.
Topography: There are no unique topographical conditions present on the subject property. The subject property is not contained within a 100 year floodplain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: R-6
Current Land Uses: Single-Family Dwelling
Direction: East
Current Base Zoning: R-6
Current Land Uses: Single-Family Dwelling
Direction: South
Current Base Zoning: R-6
Current Land Uses: Duplex
Direction: West
Current Base Zoning: R-6
Current Land Uses: Duplex
Overlay and Special District Information: The subject property is in the “AHOD” Airport Hazard Overlay District. The “AHOD” does not restrict permitted uses, but may require additional review by both the Development Services Department and the Federal Aviation Administration.
The subject property is also located in the “H” Government Hill Historic District. The “H” does not restrict permitted uses, but any exterior modifications will need to be submitted for review to the Office of Historic Preservation, and be considered by the Historic Design and Review Commission.
Transportation
Thoroughfare: East Carson Street
Existing Character: Collector, one lane in each direction with sidewalks
Proposed Changes: None known.
Thoroughfare: North Palmetto Street
Existing Character: Local, one lane in each direction with sidewalks
Proposed Changes: None known.
Public Transit: VIA bus route 20 operates at the intersection of East Carson Street and North Palmetto Street.
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 a multi-family apartment requires a minimum of one and a half (1.5) parking spaces per unit or a maximum of two (2) parking spaces per unit.
ISSUE:
None.
ALTERNATIVES:
Denial of the zone change request will result in the subject property retaining its current "R-6 H AHOD" Residential Single-Family Government Hill Historic Airport Hazard Overlay District zoning.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff recommends Denial with an alternate recommendation.
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 Government Hill Future Land Use Plan and currently designated as Low-Density Residential in the future land use component of the plan. The requested “MF-33” Multi-Family base zoning district is not consistent with the adopted land use designation.
Staff recommends approval of a modified request for “R-6 CD H AHOD” Residential Single-Family Government Hill Historic Airport Hazard Overlay District with Conditional Use for four (4) dwelling units. This modified zone change would accommodate both the needs of the applicant and would be more in character with other medium-density development within the community.
The alternate recommendation of “R-6 CD” Residential Single-Family with Conditional Use for four (4) dwelling units would be consistent with the future land use designation. In addition, the size of the subject property, as well as proximity of other nearby multi-family uses, staff finds that granting a conditional use for four (4) dwelling units would be consistent with both the future land use plan, as well as the established development pattern.
2. Adverse Impacts on Neighboring Lands:
Staff has found evidence of likely adverse impacts on neighboring lands in relation to this zone change request. The proposed use is inconsistent with the established development pattern of the surrounding area. Within the community, there are some non-conforming, medium density dwelling units. Staff was unable to identify other high-density multi-family dwellings.
Staff finds that the alternate “R-6 CD” Residential Single-Family with Conditional Use for four (4) dwelling units is consistent with the established development pattern within the community.
3. Suitability as Presently Zoned:
The current “R-6” Residential Single-Family base zoning district is appropriate for the surrounding area.
4. Health, Safety and Welfare:
Staff finds that, as the requested zone change seeks to introduce high-density residential uses into a community dominated by low to medium density residential uses, the request is contrary to the public interest.
5. Public Policy:
As the request is inconsistent with the Government Hill Future Land Use Plan staff finds that this zone change request does appear to be in conflict with this stated public policy.
As the alternative zoning of “R-6 CD” Residential Single-Family with Conditional Use for four (4) dwelling units is consistent with the Government Hill Future Land Use Plan, staff finds that it is not in conflict with any stated public policy objective.
6. Size of Tract:
The 0.2032 acre tract of land is an insufficient size for a high-density dwelling project.
7. Other Factors:
The subject property lost its non-conforming use rights after its use as a multi-family dwelling ceased for more than twelve months.