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File #: 18-3297   
Type: Zoning Case
In control: Zoning Commission
On agenda: 5/15/2018
Posting Language: ZONING CASE # Z2018133 (Council District 1): A request for a change in zoning from "MF-33 AHOD" Multi-Family Airport Hazard Overlay District and "O-2 CD AHOD" High-Rise Office Airport Hazard Overlay District with a Conditional Use for a Plant Nursery to "MF-33 AHOD" Multi-Family Airport Hazard Overlay District on Lots 1-18, Block 2, NCB 2173, located at 1507 Ruiz Street and 1318 Arbor Place. Staff recommends Approval.
Attachments: 1. Location Map
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DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 1

 

SUBJECT:

Zoning Case Z2018133

 

SUMMARY:

Current Zoning:  "MF-33 AHOD" Multi-Family Airport Hazard Overlay District and "O-2 CD AHOD" High-Rise Office Airport Hazard Overlay District with a Conditional Use for a Plant Nursery

 

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

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  May 15, 2018

 

Case Manager:  Angela Cardona, Planner

 

Property Owner:  Jan D. Ramert Exempt Lifetime Trust

 

Applicant:  Franklin Development Properties

 

Representative:  Brown & Ortiz

 

Location:  1507 Ruiz and 1318 Arbor Place

 

Legal Description:  Lots 1-18, Block 2, NCB 2173

 

Total Acreage:  2.33

 

Notices Mailed

Owners of Property within 200 feet:  38

Registered Neighborhood Associations within 200 feet:  Prospect Hill Association/West End Hope Action

Applicable Agencies:  Planning Department

 

Property Details

Property History:  The subject property is within the original 36 square miles of the city and was zoned “C” Apartment District.  A portion of the property was rezoned in August, 1985 to “O-1” S.U.P Office District Special Use Permit for a Plant Nursery (Ordinance 61139).  The remaining portion of the subject property remained “C” Apartment District.  Upon adoption of the Unified Development Code in 2001(Ordinance 93881), the property zoned “C” converted to the current  “MF-33” Multi-Family District and “O-1” converted to “O-2” High Rise Office 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:  “MF-33”

Current Land Uses:  Single-Family Residential, Vacant Lot

 

Direction:  South

Current Base Zoning:  “MF-33”

Current Land Uses:  Single-Family Residential

 

Direction:  East    

Current Base Zoning: “MF-33”     

Current Land Uses: Single-Family Residential, Trailer Storage     

 

Direction:  West    

Current Base Zoning: “MF-33”     

Current Land Uses:  Church, 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:  Ruiz Street

Existing Character:  Collector Street

Proposed Changes:  None Known

 

Thoroughfare:  Arbor Place

Existing Character:  Local Street

Proposed Changes:  None Known

 

Public Transit:  The nearest VIA bus route is #79, #277 and #520 are 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 is determined by use.  A multi-family use will require a minimum of 1.5 spaces per unit and a maximum of 2 spaces per unit.

 

 

ISSUE:

None.

 

ALTERNATIVES:

A denial of the request will result in the subject property retaining the current base zoning district. The current “O-2” district provide for the establishment of low to high-rise office buildings. Examples of permitted uses include offices, parks, and schools. Other uses listed as “permitted” in the UDC Nonresidential Use Matrix are only allowed as accessory uses to a primary and principal office use. A minimum 65 foot buffer zoned NC, C-1 or O-1 shall be provided when abutting residential uses or zoning. Outdoor display or sale of merchandise is prohibited.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property does not fall within a Regional Center but is within proximity to the Zarzamora Premium Transit Corridor.

 

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 not located within any Sector, Neighborhood or Community Plan, therefore a finding of consistency is not required. The request for “MF-33” base zoning district is consistent with the existing zoning in the area.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff does not find a likely adverse impact on neighboring lands in relation to this zoning change because the proposed development is consistent with the existing base zoning districts in the area.

 

3.  Suitability as Presently Zoned: 

The current “O-2” base zoning district is an appropriate use.  The request for “MF-33” zoning will allow for additional housing options to the area as the property is currently vacant.

 

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 any public policy goals.  The request is consistent with the surrounding base zoning districts.

 

6.  Size of Tract: 

The subject property totals 2.33 acres in size, which should reasonably accommodate the uses permitted in “MF-33” Multi-Family District.

 

7.  Other Factors: 

Rezoning to “MF-33” base zoning district will allow development of approximately 77 apartment units.