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File #: 20-2463   
Type: Zoning Case
In control: City Council A Session
On agenda: 3/19/2020
Posting Language: ZONING CASE Z-2019-10700346 S (Council District 2): Ordinance amending the Zoning District Boundary from "C-2 S MLOD-3 MLR-1" Commercial Martindale Army Air Field Military Lighting Overlay Region 1 District with a Specific Use Authorization for a Car Wash to "C-2 S MLOD-3 MLR-1" Commercial Martindale Army Air Field Military Lighting Overlay Region 1 District with a Specific Use Authorization for a Car Wash (for Site Plan Amendment) on Lot 14, NCB 10757, located at 1825 South WW White Road. Staff and Zoning Commission recommend Approval.
Attachments: 1. Map, 2. Site Plan Amendment, 3. Site Plan Approved by ORD 2019-10-03-0824, 4. Zoning Minutes, 5. Draft Ordinance, 6. Ordinance 2020-03-19-0202

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2019-10700346 S

 

SUMMARY:

Current Zoning: "C-2 S MLOD-3 MLR-1" Commercial Martindale Army Air Field Military Lighting Overlay Region 1 District with a Specific Use Authorization for a Carwash

 

Requested Zoning: "C-2 S MLOD-3 MLR-1" Commercial Martindale Army Air Field Military Lighting Overlay Region 1 District with a Specific Use Authorization for a Carwash for a site plan amendment (all overlays remain the same)

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  February 18, 2020

 

Case Manager:  Lorianne Thennes, Planner

 

Property Owner: MCR Enterprises, Ltd.

 

Applicant: Vizza Wash, LP

 

Representative: Patrick W. Christensen

 

Location: 1845 South WW White Road

 

Legal Description: Lot 14, NCB 10757

 

Total Acreage: 1.996 acres

 

Notices Mailed

Owners of Property within 200 feet: 16

Registered Neighborhood Associations within 200 feet: Dellcrest Area Neighborhood Association

Applicable Agencies: Martindale Army Airfield, Texas Department of Transportation

 

Property Details

Property History: The subject property was annexed into the city in 1952 and was originally zoned “A” Single Family Residence District. The previous “A” zoning district converted to “R-5” Residential Single-Family District with the adoption of the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001. The property was rezoned from “R-5” to “C-2” Commercial District by Ordinance 2014-08-21-0627 on August 21, 2014. The property was then rezoned from “C-2” to “C-2 S” with a Specific Use Authorization for a Carwash by Ordinance 2019-10-03-0824, dated October 3, 2019.

                     

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: West 

Current Base Zoning: “C-3R”

Current Land Uses: Undeveloped Property

Direction: North  

Current Base Zoning: “R-5”, “I-2”, “R-5 CD”

Current Land Uses: Office, Salon, Undeveloped Property, Auto Repair

Direction: East  

Current Base Zoning: “C-2” 

Current Land Uses: Shopping Center

Direction: South  

Current Base Zoning: “C-3”

Current Land Uses: Undeveloped Property, Auto Parts Retail

 

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.

 

Transportation

Thoroughfare:  South WW White Road

Existing Character:  Primary Arterial A

Proposed Changes:  None Known

 

Public Transit: There are VIA bus routes within walking distance of the subject property.

 

Routes: 550, 551

 

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 parking minimum for a car wash is 1 space per 500 square foot of building space including wash tunnel.

 

ISSUE: None.

 

ALTERNATIVES:

Current: The current “C-2” Commercial district accommodates 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.

 

Proposed: The proposed “C-2” Commercial 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. The addition of the “S” will allow for a carwash at the proposed location.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The property is not located within a regional center and but is within 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 subject property is located within the Eastern Triangle Community Plan and is currently designated as “Community Commercial” in the future land use component of the plan.  The requested “C-2” base zoning district is consistent with the adopted 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. The base zoning of “C-2’ will remain the same. This rezoning request is to make a modification to the site plan.

 

3.  Suitability as Presently Zoned: 

The current “C-2” zoning is appropriate for the property and surrounding area. The proposed “C-2 S” is currently zoned with a Specific Use Authorization for a Carwash. This request is to amend the site plan from the site plan adopted by Ordinance 2019-10-03-0824, approved October 3, 2019.

 

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 subject property is located within the Eastern Triangle Community Plan. The proposed rezoning does not appear to conflict with the following goals, principles, and objectives of the Eastern Triangle Community Plan:

 

Goal 8: Expand and build thriving commercial corridors

Objective 7.2: Attract new businesses to the Eastern Triangle

Objective 8.1: Identify specific corridors for revitalization and develop strategic plans for redevelopment

Objective 8.1.3. Focus on S. W.W. White and Rigsby as commercial corridors and encourage the establishment of more service industry businesses

 

6.  Size of Tract: 

The subject property is 1.996 acres, which could reasonably accommodate commercial uses and the proposed car wash.

 

7.  Other Factors: 

The purpose of the Specific Use Authorization is to provide for certain uses which, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but may, under the right set of circumstances and conditions be acceptable in certain specific locations.

 

The subject property is located within the Martindale Army Air Field Awareness Zone/Military Influence Area.  In accordance with the signed Memorandum of Understanding, Texas Army National Guard and JBSA were notified of the proposed request.

 

The applicant is seeking the site plan change to expand the site layout of the carwash and eliminate the proposed originally proposed green belt.