DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Zoning Case Z2019-10700318
(Associated Plan Amendment Case PA2019-11600092)
SUMMARY:
Current Zoning: "NP-10 MLOD-3 MLR-1 AHOD" Neighborhood Preservation Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District and "C-2 MLOD-3 MLR-1 AHOD" Commercial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District
Requested Zoning: "MHC MLOD-3 MLR-1 AHOD" Manufactured Housing Conventional Martindale Army Airfield Military Lighting Overlay Military Lighting Region 1 Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: January 21, 2020
Case Manager: Lorianne Thennes, Planner
Property Owner: Kloppe 7975 IH 10 E Foster Road Project, LLC
Applicant: Kloppe 7975 IH 10 E Foster Road Project, LLC
Representative: Brown & Ortiz, P.C.
Location: 7975 Interstate 10 East
Legal Description: 8.781 acres out of CB 5090
Total Acreage: 8.781 acres
Notices Mailed
Owners of Property within 200 feet: 18
Registered Neighborhood Associations within 200 feet: None
Applicable Agencies: Texas Department of Transportation, Randolph Brooks Air Force Base, Martindale Army Airfield
Property Details
Property History: The subject property was annexed into the city by Ordinance 61631, dated December 30, 1985 and was originally zoned “R-A” Residence Agriculture District and “B-2” Business District. The “R-A” zoning district converted to the current “NP-10” Neighborhood Preservation District, and the “B-2” zoning district converted to the current “C-2” Commercial District, following the adoption of the 2001 Unified Development Code (Ordinance 93881, dated May 3, 2001).
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: “OCL” and “MH”
Current Land Uses: Mobile home complex, Soil Conservation Service Reservoir, private airport
Direction: East
Current Base Zoning: “NP-10”
Current Land Uses: Diesel services
Direction: South
Current Base Zoning: “C-2” and “NP-10”
Current Land Uses: Vacant
Direction: West
Current Base Zoning: “MH”
Current Land Uses: Mobile home complex
Overlay and Special District Information:
"MLOD-3"
All surrounding properties carry the "MLOD-3" Military Lighting Overlay District, due to their proximity to Martindale Army Airfield. The "MLOD-3" does not restrict permitted uses, but does regulate outdoor lighting in an effort to minimize night-time light pollution and its effects on operations at the military installation.
"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: IH-10 East
Existing Character: Interstate
Proposed Changes: None
Public Transit: There are no VIA bus routes within walking distance of the subject property.
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 requirement for a manufactured home conventional is 1 space per unit.
ISSUE:
None.
ALTERNATIVES:
Current: The current “NP-10” Neighborhood Preservation District protects properties zoned "R-A," "R-1a," "R-1b," or "R-1c" prior to June 4, 2001 and existing platted subdivisions which are substantially developed with single-family detached dwelling units. It is the policy of the city that these districts will be applied only to properties zoned "R-A," "R-1a," "R-1b," or "R-1c" prior to June 4, 2001 or platted subdivisions which are recorded as of the effective date of this chapter, in order to prevent such subdivisions from being further subdivided in a manner in order to avoid congestion in the streets, prevent safety hazards, protect the health and general welfare of subdivision residents, provide adequate light and air, prevent the overcrowding of land, avoid undue concentration of population, and facilitate the adequate provision of public facilities. The "NP" district is not appropriate for the down zoning of unsubdivided parcels or tracts.
The current “C-2” Commercial District permits general commercial activities designed to serve the community such as repair shops, wholesale businesses, warehousing and limited retail sales with some outdoor display of goods. This district promotes a broad range of commercial operations and services necessary for large regions of the city, providing community balance. “C-2” districts accommodate commercial and retail uses that are more intensive in character than "NC" and "C-1" uses, and which generate a greater volume of vehicular traffic and/or truck traffic.
Proposed: The proposed “MHC” Manufactured Housing Conventional District accommodates suitable locations for HUD-Code manufactured homes in manufactured housing conventional subdivisions.
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not within a regional center or a premium transit corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (9-0) 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 IH-10 East Corridor Perimeter Plan and is currently designated as “Low Density Residential” in the future land use component of the plan. The requested "MHC MLOD-3 MLR-1 AHOD" base zoning district is consistent with the future land use designation. The applicant is seeking an amendment to the “Medium Density Residential” land use designation. Staff and Planning Commission recommend Approval.
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 "NP-10" Neighborhood Preservation District and "C-2" Commercial District are appropriate for the property and surrounding area. The proposed “MHC” is consistent with the “MH” zoning to the west of the subject property.
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 IH-10 East Corridor Perimeter Plan:
Goal 4: Improve the Corridor
“[Medium Density Residential] development…can serve as a buffer between low density residential and more intense land uses, such as commercial.”
“[Low Density Residential] development should be located away from major arterials”
6. Size of Tract:
The subject property is 8.781 acres, which could reasonably accommodate a manufactured housing.
7. Other Factors:
The subject property is located within the Martindale Army Air Field Awareness Zone/Military Influence Area. In accordance with the signed Memorandum of Understanding, JBSA was notified of the proposed request.
HUD-code manufactured homes may be located on individual lots outside of a manufactured home park provided they are permanently installed and limited to one home per lot. In addition, they shall be subject to the following standards which are designed to ensure acceptable compatibility in exterior appearance between HUD-code manufactured homes and site built dwellings that have been or may be constructed in adjacent or nearby locations: HUD-code manufactured homes shall be permanently affixed to a foundation with a visible foundation system and skirting acceptably similar in appearance to foundations of site built residences. The foundation shall form a complete enclosure under exterior walls. Wheels and axles shall be removed. All units must also have covered front and rear entries, and site built steps and porches. Each HUD-code manufactured home shall have a sloping roof with eave projections of at least six (6) inches, constructed with material generally acceptable for site built housing. The pitch of the main roof shall not be less than one (1) foot of rise for each four (4) feet of horizontal run. Any materials that are generally acceptable for site built housing may be used for exterior finish if applied in such a manner as to be similar in appearance, provided, however, that reflection from such exterior shall not be greater than from siding coated with clean, white, semi gloss enamel paint.