DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Zoning Case Z-2019-10700090 CD
SUMMARY:
Current Zoning: "C-2NA AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District
Requested Zoning: "R-3 CD AHOD" Residential Single-Family Airport Hazard Overlay District with Conditional Use for two (2) residential units
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: June 4, 2019
Case Manager: Michael Pepe, Planner
Property Owner: Jose A. Sepulveda
Applicant: Jose A. Sepulveda
Representative: Jose A. Sepulveda
Location: 910 South Pine Street
Legal Description: North 67.8 feet of Lot 9, Block 2, NCB 1028
Total Acreage: 0.09 acre
Notices Mailed
Owners of Property within 200 feet: 32
Registered Neighborhood Associations within 200 feet: Denver Heights Neighborhood Association
Applicable Agencies: None.
Property Details
Property History: The site is currently vacant. Originally zoned as “C” Apartment District, in March 27, 1986 the Ordinance 62587 approved the change of zone to ‘B-2NA” Non-Alcoholic Sales Business District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001, the property zoned “B-2NA” Non-Alcoholic Sales Business District converted to the current “C-2NA” Commercial District.
Topography: The property does not include any abnormal physical features such as slope or incursion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North
Current Base Zoning: “R-4”
Current Land Uses: Single Family Dwelling
Direction: East
Current Base Zoning: “RM-4”
Current Land Uses: Single Family Dwelling
Direction: South
Current Base Zoning: “C-2 NA”
Current Land Uses: Vacant
Direction: West
Current Base Zoning: “C-2 NA”, “RM-4”
Current Land Uses: Commercial, Vacant
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: Pine Street
Existing Character: Local
Proposed Changes: None Known
Public Transit: VIA bus route are within walking distance of the subject property
Routs Served: 28 (Porter Frequent), 30 (Rigsby), 230 (Rigsby/ Porter Lineup), and 26 (Martin Luther King).
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: The minimum parking requirements for a single-family dwelling is 1 space per unit.
ISSUE:
None.
ALTERNATIVES:
A denial of the request will result in the subject property retaining the current base zoning district of “C-2NA”. C-2 districts accommodate community commercial uses, with unlimited building size, and building height limitation of 25 feet. Examples of permitted uses: liquor store, miniature golf and other indoor gaming facilities, small indoor movie theater, pet cemetery, auto & light truck oil, lube & tune-up, auto glass tinting, tire repair (sale and installation only), gas station, appliance sales & repair, charitable food & clothing banks and dry cleaning. No outdoor storage or display of goods shall be permitted except for outdoor dining. Commercial Nonalcoholic Sales District, “C-2NA”, are identical to C-2 districts except that the sale of alcoholic beverages is prohibited.
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not located within a Regional Center, and is not within half a mile of a 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 subject 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 “R-3” base zoning district is consistent with the future land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff does not find evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.
3. Suitability as Presently Zoned:
The current “C-2NA” Commercial, Nonalcoholic Sales District is appropriate for the property. The proposed “R-3” downzones the property and the “CD” Conditional use allows for consideration of two (2) dwelling units.
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 Area:
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 0.09 acres, which could reasonably accommodate two residential units.
7. Other Factors:
The Conditional Use zoning procedure is designed to provide for a land use that is not permitted by the established zoning district, but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.