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File #: 20-1449   
Type: Plan Amendment
In control: City Council A Session
On agenda: 2/20/2020
Posting Language: PLAN AMENDMENT CASE PA-2019-11600080 (Council District 2): Ordinance amending the Government Hill Neighborhood Plan, a component of the Comprehensive Master Plan of the City, by changing the future land use from “Low Density Residential" to "Neighborhood Commercial" on the east 3.3 feet of the south 118 feet of Lot 11 and the south 118 feet of Lot 12, Block 6, NCB 1177, located at 2551 North Interstate 35. Staff recommends Denial. Planning Commission recommends Approval. (Associated Zoning Case Z-2019-10700208) (Continued from Janauary 16, 2020)
Attachments: 1. Location map, 2. Draft Ordinance, 3. Ordinance 2020-02-20-0125

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Plan Amendment Case PA2019-11600080

(Associated Zoning Case Z2019-10700208)

 

SUMMARY:

Comprehensive Plan Component:  Government Hill Neighborhood Plan  

 

Plan Adoption Date:  September, 2001

 

Plan Update: October, 2010

 

Current Land Use Category:  “Low Density Residential”

 

Proposed Land Use Category:  “Neighborhood Commercial”

 

BACKGROUND INFORMATION:

Planning Commission Hearing Date:  November 27, 2019.  This case is continued from the November 13, 2019 hearing.

 

Case Manager:  Patricia Franco, Planner

 

Property Owner:  Lozano Homes LLC

 

Applicant: Drought, Drought & Bobbit LLP (Matthew Badders)

 

Representative:  Drought, Drought & Bobbit LLP (Matthew Badders)

 

Location:  2551 North IH 35

 

Legal Description:  the east 3.3 feet of the south 118 feet of Lot 11 and the south 118 feet of  Lot 12, Block 6, NCB 1177

 

Total Acreage:  0.154

 

Notices Mailed

Owners of Property within 200 feet:  22

Registered Neighborhood Associations within 200 feet: Government Hill Alliance Neighborhood Association

Applicable Agencies: None.

 

Transportation

Thoroughfare:  2551 North Interstate 35

Existing Character:  Interstate Highway

Proposed Changes:  None Known

 

Public Transit:  VIA bus routes are within walking distance of the subject property. Routes served: 21

 

ISSUE:

Comprehensive Plan

Comprehensive Plan Component: Government Hill Neighborhood Plan Update 

Plan Adoption Date: October, 2010

Plan Goals:

Goal: Conserve, rehabilitate and/or replace (if necessary) housing stock.

 

Comprehensive Land Use Categories

Land Use Category:  Low Density Residential

Description of Land Use Category: Low Density Residential Development includes single-family residential Development on individual lots. Recommended development densities in Low Density Residential areas should not exceed 9 dwelling units per acre.   The plan acknowledges that medium density uses that have historically existed in the neighborhood can remain; however the conversion of existing single-family homes into medium density units is discouraged.

 

Lower-impact community uses such as schools, religious assemblies, parks and community centers can be included in this category and should be centrally located for convenient neighborhood access.

 

Permitted Zoning Districts:  R-3, R-4, R-5, R-6

 

Land Use Category:  Neighborhood Commercial

Description of Land Use Category: Neighborhood Commercial includes low to moderate intensity, small scale retail, office or service uses serving the neighborhood area with low-impact convenience, retail, or service functions.  Example of uses include convenience store, small insurance or doctors office, bakery, small restaurant, bookstore, antique shop, copy service, veterinarians office, or small, neighborhood sized grocery stores.

 

Locations for Neighborhood Commercial include the intersections of residential streets, within established commercial areas, along collectors, and within walking distance of residential areas. 

 

Neighborhood Commercial can serve as an appropriate buffer between an arterial or collector and Low Density Residential uses.

 

Parking is encouraged in the rear of the buildings, and should be appropriately buffered from adjacent residential uses through landscaping, screening and lighting controls.  Pedestrian amenities are strongly encouraged.

Permitted Zoning Districts: Permitted Zoning Districts:  NC, C-1, O-1, 

 

Land Use Overview

Subject Property

Future Land Use Classification:

“Low Density Residential”

Current Land Use Classification:

“R-6” Single Family Residential

 

Direction:  North

Future Land Use Classification:

 “Low Density Residential”

Current Land Use Classification:

 “R-6” Single Family Residential

 

Direction:  East

Future Land Use Classification:

“Low Density Residential”

Current Land Use Classification:

“R-6” Single Family Residential

 

Direction:  South

Future Land Use Classification:

N/A

Current Land Use Classification: 

N/A

 

Direction:  West

Future Land Use Classification:

“Low Density Residential” 

Current Land Use: 

“R-6” Single Family Residential

 

FISCAL IMPACT:

None.

 

Proximity to Regional Center/Premium Transit Corridor

The subject property is not located within a Regional Center or within a ½ a mile of a Premium Transit Corridor.

 

STAFF ANALYSIS & RECOMMENDATION:

Staff Analysis and Recommendation:  Staff recommends Denial. Planning Commission recommendation pending the November 27, 2019 hearing.

 

The applicant seeks an amendment in order to rezone to “NC” Neighborhood Commercial. The existing land use of “Low Density Residential” is appropriate and the Government Hill Neighborhood Plan encourages the conservation of existing housing stock. The proposed “Neighborhood Commercial” land use would introduce a commercial encroachment into residential area.  Staff recommended to the applicant that they maintain the “Low Density Residential” land use within this predominantly single-family residential block, by requesting a Conditional Use for a Professional Office.  The zoning case was considered by the Zoning Commission on November 5, 2019.  The Zoning Commission recommended Denial of “NC” Neighborhood Commercial, with an Alternate Recommendation of “R-6 CD.” 

 

ALTERNATIVES:

1.                     Recommend denial of the proposed amendment to the Government Hill Neighborhood Plan, as presented above.

2.                     Make an alternate recommendation.

3.                     Continue to a future date.

 

ZONING COMMISSION SUPPLEMENTAL INFORMATION:  Z2019-10700208

Current Zoning:  “R-6 MLOD-3 MLR-2” Residential Single-Family Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 District

Proposed Zoning:  “NC MLOD-3 MLR-2” Neighborhood Commercial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 District

Zoning Commission Hearing Date:  November 5, 2019