DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 7
SUBJECT:
Zoning Case Z2018249
(Associated Plan Amendment 18077)
SUMMARY:
Current Zoning: "R-4 AHOD" Residential Single-Family Airport Hazard Overlay District and "R-5 AHOD" Residential Single-Family Airport Hazard Overlay District
Requested Zoning: "C-2NA AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: August 21, 2018. This case is continued from the July 17, 2018 and August 7, 2018 hearings.
Case Manager: Nyliah Acosta, Planner
Property Owner: Eliseo E. Salazar and Yolanda Salazar
Applicant: Eliseo E. Salazar and Yolanda Salazar
Representative: Anita Dominguez and Isidro Martinez
Location: 1278 Bandera Road
Legal Description: the East 60.12 feet of the North 200.42 feet of Lot 3A and the East 60.48 feet of Lot 3B, Block H, NCB 8358
Total Acreage: 0.3636
Notices Mailed
Owners of Property within 200 feet: 12
Registered Neighborhood Associations within 200 feet: Donaldson Terrace
Applicable Agencies: Texas Department of Transportation
Property Details
Property History: The subject property was annexed on September 25, 1952 and was zoned “A” Single-Family Residential District and “B” Residence District (Ordinance 18115). The subject property converted to the current “R-5” and “R-4” base zoning districts upon adoption of the Unified Development Code on May 3, 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-4”
Current Land Uses: Single-family Residential, Duplex
Direction: South
Current Base Zoning: “C-3” and “C-2”
Current Land Uses: Funeral Home, Vacant Lot
Direction: East
Current Base Zoning: “I-1” and “C-3”
Current Land Uses: Automotive Repair, Towing Company
Direction: West
Current Base Zoning: “C-3”, “C-1”, “C-2”, “RM-4”
Current Land Uses: Auto Parts Sales, Costume Retail, Vacant Lot
Overlay and Special District Information: The subject property is located within the “AHOD” Airport Hazard Overlay District. The “AHOD” does not restrict permitted uses, but may require additional review by both the Federal Aviation Administration and Development Services Department.
Transportation
Thoroughfare: Bandera Road
Existing Character: Primary Arterial A
Proposed Changes: None Known
Thoroughfare: West Lungstrum Drive
Existing Character: Local Street
Proposed Changes: None Known
Public Transit: VIA bus routes #88 and #288 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 requirements are determined by use. Commercial uses require a minimum vehicle space of 1.5 per 300 GFA and a maximum of 1 per 200 GFA.
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 allows for 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. The current “R-4” Residential Single-Family District allows for Single-family dwelling (detached) with a minimum lot size of 4,000 square feet and a minimum lot width of 35 feet, foster family home, public and private schools.
FISCAL IMPACT:
None
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The subject Property is not within a Regional Center but within proximity of the Bandera Transit Corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (11-0) 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 subject property is located within the Near Northwest Community Plan and is currently designated as “Community Commercial” and “Low Density Residential”. The requested “C-2” base zoning district is not consistent with the current land use designation of “Low Density Residential”. The applicant has requested a Plan Amendment to “Community Commercial” for the entire subject property. Staff and Planning Commission recommend Approval.
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.The request is consistent with the commercial land use pattern along the Bandera Road corridor.
3. Suitability as Presently Zoned:
The subject property is currently zoned “R-5” which is inconsistent with the surrounding commercial development pattern. The request for “C-2” will bring the subject property into compliance with the existing commercial uses.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety, or welfare as the request will allow for consistency along the established corridor.
5. Public Policy:
The rezoning request does not appear to conflict with any public policy objective as the request for “C-2” is consistent with the land uses along the commercial corridor. The request supports the Plan Goal to ensure the Near Northwest Community’s business corridors are filled with a mix of uses including professional offices, residences and busy shops, providing neighbors an attractive place to walk for shopping, playing, working and relaxing both day and night.
6. Size of Tract:
The subject property totals 0.3636 acres in size, which should reasonably accommodate uses permitted in “C-2” Commercial.
7. Other Factors:
A retail store for Mexican fortune cookies called Takitos is proposed.