DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT:
Zoning Case Z2016276
SUMMARY:
Current Zoning: "C-3NA NCD-1 AHOD" General Commercial Nonalcoholic Sales South Presa/South St. Mary's Neighborhood Conservation Overlay Airport Hazard Overlay District
Requested Zoning: "IDZ NCD-1 AHOD" Infill Development Zone South Presa/South St. Mary's Neighborhood Conservation Overlay Airport Hazard Overlay District with uses permitted in "MF-25" Low-Density Multi-Family District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: November 01, 2016
Case Manager: Ernest Brown, Planner
Property Owner: Darryl and Marry Ann Ohlenbusch
Applicant: Darryl Ohlenbusch
Representative: Darryl Ohlenbusch
Location: 1619 and 1621 South Presa Street and 107 Jacobs Street
Legal Description: Lot 2, West 30 Feet of 3, East 70 Feet of 3, NCB 2979
Total Acreage: 0.2249
Notices Mailed
Owners of Property within 200 feet: 32
Registered Neighborhood Associations within 200 feet: Lavaca Neighborhood Association
Applicable Agencies: None
Property Details
Property History: The subject property is located within the city limits as established in 1938 and was zoned “J” Commercial District. In 1991 the subject property was rezoned to “B-3NA” Business Nonalcoholic Sales District. Upon adoption of the 2001 Unified Development Code, the previous base zoning districts converted to the current “C-3 NA” General Commercial Nonalcoholic Sales District.
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
Current Base Zoning: RM-4, C-3, IDZ, C-2
Current Land Uses: Residential Single-Family, Vacant, Church
Direction: East
Current Base Zoning: IDZ, C-3
Current Land Uses: Residential Single-Family, Shop Building
Direction: South
Current Base Zoning: C-3, RM-4
Current Land Uses: Retail Center, Residential Single-Family
Direction: West
Current Base Zoning: RM-4
Current Land Uses: Residential Single-Family
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: South Presa
Existing Character: Secondary Arterial, Type B
Proposed Changes: None known
Thoroughfare: Lotus Street, Jacobs Street, Leopold Street
Existing Character: Local, Type A
Proposed Changes: None known
Public Transit: The nearest VIA bus line to the subject property is VIA transit route 36 and 242 which along South Presa Street.
Traffic Impact: A Traffic Impact Analysis is not required. Infill Development Zone (IDZ) requests are exempt from the TIA requirement.
Parking Information: “IDZ” Infill Development Zone waives minimum 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 and Zoning Commission (9-0) 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 Lavaca Neighborhood Plan and is currently designated as Mixed Use in the future land use component of the plan. The proposed base zoning district is consistent with the future 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 requested zoning provides a residential density that is consistent with the surrounding land use.
3. Suitability as Presently Zoned:
The existing “C-3” base zoning district is not suitable as presently zoned. The existing zoning is not compatible with the surrounding zoning and land uses. The existing zoning is to intense for the existing land uses pattern.
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 request does not appear to conflict with any public policy objective because it is consistent with the future land use plan.
6. Size of Tract:
The subject property measures 0.224 acre and is sufficient for the proposed development.
7. Other Factors:
Infill Development Zone (IDZ) provides flexible standards for developments. IDZ is to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings of structures, within existing built-up areas. IDZ may be approved as either a base zoning district or an overlay zoning district. Standards required in an IDZ district shall apply to either IDZ base zoning or the IDZ overlay district except where otherwise specifically stated. Typically IDZ gives flexibility to parking requirements, lots sizes, and setbacks.