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File #: 18-2980   
Type: Zoning Case
In control: City Council A Session
On agenda: 5/17/2018
Posting Language: ZONING CASE # Z2018129 CD (Council District 7): Ordinance amending the Zoning District Boundary from "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District to "R-5 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for a Non-Commercial Parking Lot on Lot 10 and Lot 11, Block 12, NCB 11487, located at 5135 Rita Avenue. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Ordinance 2018-05-17-0377

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 7

 

SUBJECT:

Zoning Case Z2018129 CD

 

SUMMARY:

Current Zoning: "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District

 

Requested Zoning: "R-5 CD AHOD" Residential Single-Family Airport Hazard Overlay District with a Conditional Use for a Non-Commercial Parking Lot

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date: April 3, 2018

 

Case Manager: Marco Hinojosa, Planner

 

Property Owner: Centro Cristiano Internacional Church

 

Applicant: German Ballesteros

 

Representative: German Ballesteros

 

Location: 5135 Rita Lane 

 

Legal Description: Lot 10 and Lot 11, Block 12, NCB 11487

 

Total Acreage: 0.071

 

Notices Mailed

Owners of Property within 200 feet: 27

Registered Neighborhood Associations within 200 feet: Culebra Park Neighborhood Association

Applicable Agencies: None.

 

Property Details

Property History: The subject property was rezoned from “A” Temporary Residence District to “A” Single Family Residence District by Ordinance 24195, dated January 10, 1957. The property converted from “A” Single Family Residence District to the current “R-5” Residential Single-Family District with the adoption of the 2001 Unified Development Code (UDC), established by Ordinance 93881, on May 3, 2001.

                     

Topography:  The subject property is not located within the 100-year flood plain.

 

Adjacent Base Zoning and Land Uses

Direction: North

Current Base Zoning: “R-5”

Current Land Uses: Single-Family Residence 

 

Direction: East

Current Base Zoning: “R-5”

Current Land Uses: Single-Family Residence 

 

Direction: South

Current Base Zoning: “R-5”

Current Land Uses: Church

 

Direction: West

Current Base Zoning: “R-5”

Current Land Uses: Single-Family Residence

 

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: Rita Lane 

Existing Character:  Local

Proposed Changes:  None Known

Public Transit:  VIA bus routes are within walking distance of the subject property. Routes served: 82 and 282

 

Thoroughfare: Culebra

Existing Character:  Secondary Arterial Type A

Proposed Changes:  None Known

Public Transit:  VIA bus routes are within walking distance of the subject property. Routes served: 82 and 282

 

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: 

There are no parking requirements for this proposed zoning.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “R-5”. The “R-5” zoning district allows for a single-family dwelling with a minimum lot size of 5,000 square feet as well as a foster family home, and a public or private school.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property is not within a Regional Center or 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 subject property is located within the West/Southwest Sector Plan and is currently designated as “General Urban Tier” in the future land use component of the plan. The requested “R-5 CD” base zoning is compatible with the future land use designation.

 

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 property is currently being used as a parking lot and has shown no negative impacts to the surrounding neighborhood since its existence.

 

3.  Suitability as Presently Zoned: 

The current “R-5” Residential Single-Family District is an appropriate zoning for the property and surrounding area. The adjacent properties carry the “R-5” base zoning districts.

 

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 proposed rezoning does appear to conflict with the following goals, principles, and objectives of the West/Southwest Sector Plan.

 

West/Southwest Sector Plan Relevant Goals and Objectives:

                     Goal LU-1: Land use pattern emphasizes compatibility and appropriateness between uses, and protects neighborhoods and businesses from incompatible land uses.

                     LU-1.1: Limit encroachment of commercial uses into established low-density residential areas

 

6.  Size of Tract: 

The subject property is 0.3202 acres, which adequately supports a parking lot.

 

7.  Other Factors: 

The applicant is proposing the zoning change in order to bring the current use of the property as a parking into compliance.