DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Zoning Case Z2017281 CD
SUMMARY:
Current Zoning: “I-1” Light Industrial, “C-2” Commercial District, and “RM-4” Residential Mixed District
Requested Zoning: “C-2 CD” General Commercial with a Conditional Use for Auto Paint and Body-Repair with Outside Storage of Vehicles and Parts Permitted but Totally Screened from View of Adjacent Property Owners and Public Roadways
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: November 7, 2017
Case Manager: Angela Cardona, Planner
Property Owner: Jaime Hernandez
Applicant: Jaime Hernandez
Representative: Jaime Hernandez
Location: 1231 South W.W. White and 1241 South W.W. White
Legal Description: Lot 29, NCB 10734 and 0.828 acres out of Lot 12, Block 2, NCB 10733
Total Acreage: 1.461
Notices Mailed
Owners of Property within 200 feet: 16
Registered Neighborhood Associations within 200 feet: Hein-Orchard Neighborhood Association
Applicable Agencies: Texas Department of Transportation
Property Details
Property History: The subject properties were zoned “F’ Local Retail and “JJ” Commercial District upon annexation (Ordinance 26386). “JJ” converted to the current “I-1” upon adoption of the Unified Development Code in 2001 (Ordinance 93881). The remaining property was zoned “A” Single Family Residence changed to “B-2” Business District (Ordinance 38377) which then converted to the current “C-2” Commercial District and the current “RM-4” converted from the former “R-2” Two-Family Residential District upon adoption of the UDC in 2001 (Ordinance 93881).
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: “C-2”
Current Land Uses: Office Building, Audio Equipment Installation
Direction: South
Current Base Zoning: “I-1”
Current Land Uses: Vacant Lot/ Warehouse
Direction: East
Current Base Zoning: “C-2”
Current Land Uses: Auto Body Shop, Vacant Building
Direction: West
Current Base Zoning: “R-5”, “R-6”, “MF-33”
Current Land Uses: Single-Family Residential, Multi-Family Residential
Overlay and Special District Information: None.
Transportation
Thoroughfare: South W.W. White Road
Existing Character: Primary Arterial Type A
Proposed Changes: None Known.
Thoroughfare: Hein
Existing Character: Local Street
Proposed Changes: None Known.
Public Transit: The nearest VIA bus routes are #550, #551, #26, #225 and are all 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 Paint and Body requires 1 per sf 500 GFA including service bays and retail areas with a maximum of 1 per 375 sf GFA.
ISSUE:
None.
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current base zoning district. The current zoning of “I-1”General Industrial District allows heavy and concentrated fabrication and manufacturing and industrial uses which are suitable based on the character of adjacent development. Examples of permitted uses: auto & light truck auction, truck stop, abrasives manufacturing, food & drug manufacturing, sand and gravel storage & sales, outdoor flea market, manufactured homes/oversized vehicles sales, service and storage, “C-2” districts accommodate community commercial uses, with unlimited building size, and building height limitation of 25 feet. Examples of permitted uses: liquor store, miniature golf and other indoor gaming facilities, small indoor movie theater, pet cemetery, auto & light truck oil, lube & tune-up, auto glass tinting, tire repair(sale and installation only), gas station, appliance sales & repair, charitable food & clothing banks and dry cleaning. No outdoor storage or display of goods is permitted except for outdoor dining and “RM-4” Residential Mixed District allows for Single-family dwelling (detached, attached or townhouse), two-family dwelling, three-family dwelling, four-family dwelling, row-house or zero-lot line dwelling, accessory dwelling, with a minimum lot size of 4,000 square feet and a minimum lot width of 15 feet, public and private schools.
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The subject property is not within a Regional Center, but is on the Looper Premium Transit Corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (10-0) 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 Eastern Triangle Community Plan and is currently designated as “High Density Mixed Use”. 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 development pattern that exists in the neighborhood. Additional conditions will be applied for screening between the property and the public view.
3. Suitability as Presently Zoned:
The current “I-1” base zoning district is inappropriate for the subject property’s location. The requested “C-2” is appropriate for the subject property’s location as it would not dramatically alter the character of the neighborhood with similar uses existing on the block and surrounding area, but would allow for additional screening from public view that currently does not exist in the present 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 Eastern Triangle Community Plan to create streetscape improvements and the overall appearance of the community.
6. Size of Tract:
The subject property totals 1.4617 acres in size, which reasonably accommodates 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.
The subject property is being used as a temporary parking lot to store an overflow of vehicles being serviced at the existing auto repair service station. The proposed zoning will allow the business to come into compliance to continue its services, along with providing additional screening and other enhancements to the area in accordance with the Eastern Triangle Community Plan goals.
Should the Conditional use be approved, staff recommends the following conditions:
1. Downward lighting directed away from any surrounding residential uses.
2. No outdoor amplification speakers during the hours of 7 p.m. and 7 a.m.
3. No temporary signage.
4. Outdoor storage must be screened from view of adjacent residential properties and public roadways by an eight (8) foot solid screened fence on the side and rear of the property, and a six (6) foot solid screened fence along the front of the property.