DEPARTMENT: Development Services
COUNCIL DISTRICTS IMPACTED: 5
SUBJECT:
Zoning Case Z2015316
SUMMARY:
Current Zoning: "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "C-2" Commercial District, "R-4" Residential Single-Family District
Requested Zoning: "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "C-2" Commercial District, "R-4" Residential Single-Family District and a Bail Bond Agency
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: November 3, 2015
Case Manager: Oscar Aguilera, Planner
Property Owner: Ronald Rangel
Applicant: Elton R. Green Jr.
Representative: Elton R. Green Jr.
Location: 1621 West Martin Street
Legal Description: the South 112.9 Feet of Lot 13, Block 4, NCB 2231
Total Acreage: 0.1438
Notices Mailed
Owners of Property within 200 feet: 31
Registered Neighborhood Associations within 200 feet: Gardendale / Prospect Hill
Planning Team: Downtown Neighborhood Planning Team - 67
Applicable Agencies: None
Property Details
Property History: The subject property is located within the city limits as recognized in 1938 and was originally zoned “J” Commercial District. Upon adoption of the 2001 Unified Development Code, the base zoning district for the property was converted to “I-1” General Industrial District. On January 25, 2009 Ordinance # 2009-01-15-0035 changed the zoning to with uses permitted in “C-2” and “R-4”
Topography: The property does not include any abnormal physical features such as slope or inclusion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North, East
Current Base Zoning: IDZ and R-4
Current Land Uses: Auto Repair, Parking Lot, Single-Family Homes
Direction: West, South
Current Base Zoning: I-1, R-4
Current Land Uses: Single-Family Homes, Restaurant, Vacant Lots
Overlay and Special District Information: The subject property and all surrounding properties, carries the “AHOD” Airport Hazard Overlay District. The “AHOD” does not restrict permitted uses, but may require additional review by both the Development Services Department, as well as the Federal Aviation Administration.
Transportation
Thoroughfare: West Martin Street
Existing Character: Local Street.
Proposed Changes: None known.
Thoroughfare: North Colorado Street
Existing Character: Secondary Arterial Type B 70’ -86
Proposed Changes: None
Public Transit: There is a VIA bus stop (route 277 and 77), located at the intersection of West Martin Street at Colorado Street, adjacent to the subject property.
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:
The “IDZ” Infill Development Zone District eliminates off-street vehicle parking requirements.
ISSUE:
None.
ALTERNATIVES:
Denial of the requested zoning change would result in the subject property retaining the present zoning district designation.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff recommends Denial. Zoning Commission recommended Approval (7-3).
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 Downtown Neighborhood Plan and is designated as “Mixed Use.” The requested "IDZ" base zoning district is consistent with the adopted land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff has found evidence of likely adverse impacts on surrounding properties due to the existing saturation of Bail Bond Agencies in the area. Further saturation is not encouraged and could eventually have an impact on economic development and property redevelopment in the area.
3. Suitability as Presently Zoned:
The proposed zoning change to “IDZ” is appropriate as presently zoned and defined for “C-2” and “R-4.”The proposed uses already exist in the area. Again, the proposed zoning change could have a negative impact on the future development of adjacent properties.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health or safety in the area, but a further saturation of Bail Bond Agencies in the area could affect the overall welfare of the area in terms of redevelopment and positive economic development.
5. Public Policy:
The request does not appear to conflict with any public policy objective.
6. Size of Tract:
The subject property is 0.1438 acres in size, which accommodates the proposed development.
7. Other Factors:
Per the UDC, Bail Bond Agencies require an “S,” Specific Use Authorization for operation within a designated zoning district. The purpose of the Specific Use Authorization is to provide for certain uses which because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but which may under the right set of circumstances and conditions be acceptable in certain specific locations. In this particular case, the applicant is using the “IDZ” Infill Development Zone zoning district to include a use that would normally need to be rezoned for “S” Specific Use Authorization.