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File #: 19-1312   
Type: Zoning Case
In control: City Council A Session
On agenda: 1/17/2019
Posting Language: ZONING CASE # Z-2018-900023 (Council District 2): Ordinance amending the Zoning District Boundary from "RM-4 AHOD" Residential Mixed Airport Hazard Overlay District and "C-1 AHOD" Light Commercial Airport Hazard Overlay District to "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted for Fifteen (15) Townhomes on Lots 45 through Lot 52 and the East 17 feet of Lot 44, Block 15, NCB 1597, located at 133 Vine Street. Staff and Zoning Commission recommend Approval, pending Plan Amendment. (Associated Plan Amendment PA2018-900016)
Attachments: 1. Location Map, 2. Site Plan, 3. Zoning Minutes, 4. Draft Ordinance, 5. Ordinance 2019-01-17-0060
Related files: 18-6906, 19-1313

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z-2018-900023

(Associated Plan Amendment PA-2018-900016)

 

SUMMARY:

Current Zoning: "RM-4 AHOD" Residential Mixed Airport Hazard Overlay District and "C-1 AHOD" Light Commercial Airport Hazard Overlay District

 

Requested Zoning: "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted for Fifteen (15) Townhomes

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date: December 18, 2018

 

Case Manager: Marco Hinojosa, Planner

 

Property Owner: Henneke Financial Group LLC

 

Applicant: Ziga Architecture Studio PLLC

 

Representative: Ziga Architecture Studio PLLC

 

Location: 133 Vine Street 

 

Legal Description: Lots 45 through 52 and the East 17-feet of Lot 44, Block 15, NCB 1597

 

Total Acreage: 0.6817

 

Notices Mailed

Owners of Property within 200 feet:  43

Registered Neighborhood Associations within 200 feet:  Denver Heights

Applicable Agencies:  None

 

Property Details

Property History: The subject property was rezoned to “R-2” Two Family Residence District and “B-1” Business District by Ordinance 78329, dated December 16, 1993.  The property converted from “R-2” and “B-1” to the current “RM-4” Residential Mixed District and “C-1” Light Commercial 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: “RM-4”

Current Land Uses:  Single-Family Residences

 

Direction: East

Current Base Zoning: “RM-4” and “C-1”

Current Land Uses: Single-Family Residence, Vacant Lot, and Office Building

 

Direction: South

Current Base Zoning: “RM-4”

Current Land Uses: Single-Family Residences

 

Direction: West

Current Base Zoning: “RM-4”

Current Land Uses: Church and Single-Family Residences

 

Overlay and Special District Information: 

“AHOD”

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: Vine Street

Existing Character:  Local

Proposed Changes:  None Known

Public Transit:  VIA bus routes are not within walking distance of the subject property. Routes served: NA

 

Thoroughfare: South Gevers Street

Existing Character:  Collector

Proposed Changes:  None Known

Public Transit:  VIA bus routes are not within walking distance of the subject property. Routes served: NA

 

Traffic Impact:  A Traffic Impact Analysis (TIA) is not required. Infill Development (IDZ) is exempt from TIA requirements.

 

Parking Information:  The “IDZ” Infill Development Zone District waives off-street vehicle parking requirements.

 

ISSUE:

None.

 

ALTERNATIVES:

Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of “RM-4” and “C-1”. “RM” districts provide areas for medium to high-density residential uses where adequate public facilities and services exist with capacity to serve development. These districts are composed mainly of areas containing a mixture of single-family, two-family and multi-family dwellings and open space where similar residential development seems likely to occur. The district regulations are designed to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; and to preserve the openness of the area by requiring flexible yard and area standards. Mixed residential districts provide flexible density requirements in order to allow for market and design flexibility while preserving the neighborhood character and permitting applicants to cluster development in order to preserve environmentally sensitive and agricultural land areas. "C-1" districts accommodate neighborhood commercial uses which depend on a greater volume of vehicular traffic than an "NC" district. "C-1" uses are considered appropriate buffers between residential uses and "C-2" and "C-3" districts and uses.

 

FISCAL IMPACT:

None.

 

Proximity to Regional Center/Premium Transit Corridor

The subject property is located within a half mile of a 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 property is located within the Arena District/Eastside Community Plan, and is currently designated as “Medium Density Residential” in the future land use component of the plan.  The requested “IDZ” base zoning is not compatible with the future land use designation. The applicant is requesting a Plan Amendment from “Medium Density Residential” to “Mixed Use” to accommodate the proposed rezoning. Staff recommends Approval of the Plan Amendment.  The Planning Commission recommendation is pending the December 19, 2018 hearing.

 

2.  Adverse Impacts on Neighboring Lands: 

Staff has not found evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.

 

3.  Suitability as Presently Zoned: 

The current “RM-4” and “C-1” base zoning district are appropriate zoning districts for the property and surround area.

 

4.  Health, Safety and Welfare: 

Staff has not found indication of likely adverse effects on the public health, safety, or welfare. 

 

5.  Public Policy: 

The proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the Arena District/Eastside Community Plan

1. Redevelopment Goals over the next 10-15 years

1.1 New home construction - 25-50 homes per year

2. Land Use Guiding Principles

2.1 Establish a land use pattern that is responsive to the existing context and is founded upon realistic market expectations

2.2 Protect the neighborhoods by providing them with the necessary improvements to enable infill development and redevelopment

 

6.  Size of Tract: 

The subject property is 06817 acres, which would adequately support fifteen (15) townhomes.

 

7.  Other Factors: 

Infill Development Zone (IDZ) provides flexible standards for developments.  IDZ is to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings of structures, within existing built-up areas. IDZ may be approved as either a base zoning district or an overlay zoning district.  Standards required in an IDZ district shall apply to either IDZ base zoning or the IDZ overlay district except where otherwise specifically stated.  Typically IDZ gives flexibility to parking requirements, lots sizes, and setbacks.

 

Additionally, the applicant’s request for IDZ is consistent with the following criteria:

                     The applicant’s request meets the Master Plan’s Policy for Growth Management - Policy 1g, because it makes physical improvements on an inner city property encouraging redevelopment and infill development.

                     The applicant’s request meets the Master Plan’s Policy for Economic Development - Goal 4, because it targets an area within Loop 410 and the southern sector.

                     The Master Plan’s Policy for Neighborhoods - Policy 1a, because it rezones vacant or underutilized property in and around neighborhoods to encourage redevelopment that is compatible in use and intensity with the existing neighborhood.