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File #: 18-3993   
Type: Zoning Case
In control: City Council A Session
On agenda: 8/2/2018
Posting Language: ZONING CASE # Z2018191 (Council District 8): 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 Conditional Use for an Assisted Living Facility with up to fifteen (15) residents on 1.146 acres out of NCB 11623, located at 8005 Chambers Road. Staff and Zoning Commission recommend Approval.
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Warranty Deed, 6. Ordinance 2018-08-02-0602

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 8

 

SUBJECT:

Zoning Case Z2018191

 

SUMMARY:

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

 

Requested Zoning:  "R-5 CD" Residential Single-Family Airport Hazard Overlay District with Conditional Use for an Assisted Living Facility with up to fifteen (15) residents

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  June 5, 2018

 

Case Manager:  Angela Cardona, Planner

 

Property Owner:  John and Carol Ghanbar

 

Applicant:  John and Carol Ghanbar

 

Representative:  John and Carol Ghanbar

 

Location: 8005 Chambers Road

 

Legal Description:  1.146 acres out of NCB 11623

 

Total Acreage:  1.146

 

Notices Mailed

Owners of Property within 200 feet:  11

Registered Neighborhood Associations within 200 feet:  None.

Applicable Agencies:  None.

 

Property Details

Property History:  The subject property was annexed in September, 1952 (Ordinance 18115) and was zoned “A” Single Family District in May, 1957 (Ordinance 25046).  The property was then converted to the current “R-5” Residential Single-Family upon adoption of the Unified Development Code in May, 2001 (Ordinance 93881).

                     

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:  “R-6”

Current Land Uses:  Residential

 

Direction:  South

Current Base Zoning:  “R-5 CD”

Current Land Uses:  City Park

 

Direction:  East    

Current Base Zoning: “R-5”      

Current Land Uses:  Residential

 

Direction: West      

Current Base Zoning: “RM-4”     

Current Land Uses:  Residential

 

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:  Chambers Road

Existing Character:  Local Street

Proposed Changes: None.

 

Thoroughfare:  Tupelo Lane

Existing Character:  Local Street

Proposed Changes: None.

 

Public Transit:  The nearest VIA bus route #520 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 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 “R-5” Residential Single-Family District will allow a single-family dwelling (detached) with a minimum lot size of 5,000 square feet and a minimum lot width of 45 feet, foster family home, public and private schools.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The subject property falls within the Medical Center Regional Center and is within proximity to the Zarzamora Premium Transit Corridor.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (6-2) 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 North Sector Plan and is currently designated as “Suburban Tier”. The request for “R-5 CD” 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 the neighboring land in relation to the zoning change request as the base zoning will remain residential and the current property is developed as an assisted living facility.

 

3.  Suitability as Presently Zoned: 

The current “R-5” base zoning district is appropriate for the surrounding area but is not reflective of the current uses.  The requested “R-5 CD” base zoning will allow for the established assisted living facility to be compliant. It is also the existing base zoning district and the minimum needed for the applicant to make improvements to their facility as well as, continue operations.

 

4.  Health, Safety and Welfare: 

Staff has found no indication of likely adverse effects on the public health, safety, or welfare.

 

5.  Public Policy: 

Staff finds that the request is not contrary to any stated public policy objective, as the future land use plan Goal LU-5.2 encourages preservation of diverse and distinctive neighborhoods that build on the patterns of the natural landscape and are sensitive to their locations and historic contexts.

 

6.  Size of Tract: 

The subject property totals 1.146 acres in size, which should reasonably accommodate the uses permitted in “R-5” for the purpose of an assisted living facility.

 

7.  Other Factors: 

The subject property is utilized as an assisted living facility established 11 years ago. The new property owners are voluntarily seeking a change in zoning to come into compliance with current zoning regulations.