DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 6
SUBJECT:
Zoning Case Z2017196 CD
SUMMARY:
Current Zoning: "C-2 NA S AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District with Specific Use Authorization for a Wireless Communication System
Requested Zoning: "C-2 CD AHOD" Commercial Airport Hazard Overlay District with Conditional Use for Motor Vehicle Sales
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: September 5, 2017. This case is continued from the August 1, 2017 and August 15, 2017 Zoning hearings.
Case Manager: Angela Cardona, Planner
Property Owner: Arvind U. & Urmila A. Patel
Applicant: Odilion “Odie” Bernal III
Representative: Gustavo Gonzalez, P.E.
Location: 1003 Enrique M. Barrera Parkway
Legal Description: 0.265 acres out of NCB 8988
Total Acreage: 0.265 acres
Notices Mailed
Owners of Property within 200 feet: 10
Registered Neighborhood Associations within 200 feet: Community Workers Council
Applicable Agencies: None
Property Details
Property History: The subject property was annexed in 1944 (ordinance 1448) and was zoned “F” Local Retail District. The property was then adopted to “B-3R” Restrictive Business District on February 9, 1989 (ordinance 68802). The property was then rezoned to “B3-R CC” Restrictive Business District with approval from City Council for a Communications Transmissions Tower (adopted May 13, 1993, ordinance 77936) and was later converted to “C3-R S” upon adoption of the Unified Development Code on May 3, 2001 (ordinance 93881). The current “C-2 NA S” was adopted on May 11, 2011 (ordinance 2011-05-05-0362).
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: R-6, C-2NA
Current Land Uses: Education and Training Center, Vacant Lot
Direction: West
Current Base Zoning: C-2NA S
Current Land Uses: Retail Center
Direction: South
Current Base Zoning: C-2NA
Current Land Uses: Church, Vacant Lot
Direction: East
Current Base Zoning: C-2NA CD
Current Land Uses: Vacant Lot and Auto Sales
Overlay and Special District Information:
The subject property is located within the “AHOD” Airport Hazard Overlay District. The “AHOD” does not restrict permitted uses, but may require additional review by both the Federal Aviation Administration and Development Services Department.
Transportation
Thoroughfare: Enrique M. Barrera Parkway
Existing Character: Secondary Arterial type A
Proposed Changes: None Known
Thoroughfare: S.W. 40th Street
Existing Character: Local Street
Proposed Changes: None Known
Public Transit: The nearest VIA bus route #76 is within walking distance of the subject property.
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: Parking requirements are determined by use: Auto and Vehicle Sales- Minimum vehicle spaces: 1 per 500 sf GFA of sales and service building. Maximum vehicle spaces: 1 per 375 GFA of sales and service building.
ISSUE:
None.
ALTERNATIVES:
Denial of the requested zoning change would result in the subject property retaining the present zoning district designation.
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The subject property is on the Commerce- Houston Premium Transit Corridor and within the Far West Corridor Buffer.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff recommends 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 West/Southwest Sector Plan and is currently designated as “General Urban Tier.” The request for “C-2” base zoning district is consistent with the adopted future land use plan.
2. Adverse Impacts on Neighboring Lands:
Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change because the request is consistent with the commercial uses of the surrounding properties.
3. Suitability as Presently Zoned:
The current “C-2” base zoning district is appropriate for the subject property’s location. The requested Conditional Use of Motor Vehicle Sales is also appropriate for the subject property’s location as it would not dramatically alter the character of this corridor with similar uses. The request will also maintain the current base zoning district.
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 rezoning request does not appear to conflict with land use goals and strategies of the West/Southwest Plan Goal to stimulate and support increased activity of existing businesses.
6. Size of Tract:
The subject property totals 0.265 acres in size, which should reasonably accommodate the uses permitted in “C-2” Commercial District.
7. Other Factors:
The Conditional Use zoning procedure is designed to provide for a land use 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.