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File #: 17-6177   
Type: Zoning Case
In control: City Council A Session
On agenda: 12/7/2017
Posting Language: ZONING CASE # Z2017289 (Council District 3): An Ordinance amending the Zoning District Boundary from "MF-33 AHOD" Multi-Family Airport Hazard Overlay District to "C-2 AHOD" Commercial Airport Hazard Overlay District on Lot Tract 8, NCB 10949, located at 4247 Clark Avenue. Staff and Zoning Commission recommend Approval, pending Plan Amendment. (Associated Plan Amendment 17089)
Attachments: 1. Location Map, 2. Zoning Minutes, 3. Draft Ordinance, 4. Ordinance 2017-12-07-0964
Related files: 17-5650, 17-6178

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 3

 

SUBJECT:

Zoning Case Z2017289

(Associated Plan Amendment PA 17089)

 

SUMMARY:

Current Zoning:  "MF-33 AHOD" Multi-Family Airport Hazard Overlay District

 

Requested Zoning:  "C-2 AHOD" Commercial Airport Hazard Overlay District

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  November 7, 2017

 

Case Manager:  Erica Greene, Planner

 

Property Owner:  Audie W. Smith

 

Applicant:  Audie W. Smith

 

Representative:  Richard Moore

 

Location:  4247 Clark Avenue

 

Legal Description:  Lot Tract 8, NCB 10949

 

Total Acreage:  0.3574

 

Notices Mailed

Owners of Property within 200 feet:  19

Registered Neighborhood Associations within 200 feet:  Highland Hills Neighborhood Association

Applicable Agencies:  None

 

Property Details

Property History:  The subject property was part of the original 36 square miles of the City and was previously zoned “B” Residence District.  A 1978 case, Ordinance #49604 zoned the subject property as “R-3” Multiple-Family Residence District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current “MF-33” Multi-Family District.

                     

Topography:  The property does not include any abnormal physical features such as slope or inclusion in a floodplain.

 

Adjacent Base Zoning and Land Uses

Direction:  North

Current Base Zoning:  C-3 R

Current Land Uses:  Mini-Storage Facility

 

Direction:  West

Current Base Zoning:  R-4

Current Land Uses:  Residential Single-Family Housing

 

Direction:  South

Current Base Zoning:  MF-33

Current Land Uses:  Vacant Land

 

Direction:  East

Current Base Zoning:  MF-33

Current Land Uses:  Vacant Lot

 

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:  Clarke Avenue

Existing Character:  Local Street

Proposed Changes:  None

 

Public Transit:  VIA bus route #34 is within walking distance of 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:  Storage: Self-Service Storage requires a minimum of 4 spaces plus 2 for manager’s quarters.

 

ISSUE:

None.

 

ALTERNATIVES:

A denial of the request will result in the subject property retaining the current "MF-33" Multi-Family District. The current zoning of “MF-33” allows multi-family dwelling, single-family dwelling (detached, attached or townhouse), two-family dwelling, three-family dwelling, four-family dwelling, row-house or zero-lot line dwelling, assisted living home, skilled nursing facility, foster family home, public and private schools, plus college fraternity dwelling, off-campus school dormitory/housing but with a maximum density of 33 units per acre.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is within the Downtown Regional Center and within a half mile of a Premium Transit Corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (9-0) recommend Approval, pending Plan Amendment.

 

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 Highlands Community Plan, and is currently designated as “Low Density Residential” in the future land use component of the plan.  The requested “C-2” Commercial base zoning district is not consistent with the future land use designation. The applicant has requested a Plan Amendment to change the land use from “Low Density Residential” to “Community Commercial.”  Staff and Planning Commission recommend approval. 

 

2.  Adverse Impacts on Neighboring Lands: 

Staff finds no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The requested zoning change for expansion of the existing storage facilities is landlocked and will act as a buffer to the residentially zoned properties and any future development.

 

3.  Suitability as Presently Zoned: 

The current “MF-33” base zoning district is appropriate for the subject property’s location. The request to allow for expansion of the existing storage facilities is also appropriate. The requested zoning change will act as a buffer between the residential and commercial properties in the area.

 

4.  Health, Safety and Welfare: 

Staff has found no indication of likely adverse effects on the public health, safety, or welfare. The surrounding land uses include the existing storage facility and several commercial properties. 

 

5.  Public Policy: 

The rezoning request does not appear to conflict with the land use goals and strategies of the Highland Hills Community Plan that improves the current variety of goods, services and employment available within the community by creating an environment conducive to commercial prosperity and encouraging new businesses to locate in the area.

 

6.  Size of Tract: 

The subject property totals 0.3574 acres in size, which should reasonably accommodate the uses permitted in “C-2” Commercial District.

 

7.  Other Factors: 

The applicant requests this associated zoning change for expansion of the existing storage facilities. The subject property will act as a buffer to the existing land uses for any future development.