DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 3
SUBJECT:
Zoning Case Z2020-10700138
SUMMARY:
Current Zoning: "C-2NA S AHOD" Commercial Nonalcoholic Sales Airport Hazard Overlay District with a Specific Use Authorization for an Indoor Rifle and Pistol Range
Requested Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: July 21, 2020
Case Manager: Justin Malone, Planner
Property Owner: Durybak, Ltd.
Applicant: QT South, LLC
Representative: Killen, Griffin, & Farrimond, PLLC
Location: 848 Hot Wells Boulevard
Legal Description: Lot 70, Block 6, NCB 10938
Total Acreage: 1.708
Notices Mailed
Owners of Property within 200 feet: 17
Registered Neighborhood Associations within 200 feet: Highland Hills Neighborhood Association
Applicable Agencies: Stinson Airport
Property Details
Property History: The property was annexed by Ordinance 1256 on August 3, 1944 and was originally zoned “B” Residence District. The property was rezoned from “B” Residence District to “B-3R” Restrictive Business District by Ordinance 53783, dated May 21, 1981. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May 03, 2001, the property zoned “B-3R” Restrictive Business District converted to “C-3R” General Restrictive Commercial District. The subject property was rezoned by Ordinance 2014-02-20-0115, dated February 20, 2014 from “C-3R” to “C-2 NA” Commercial Nonalcoholic Sales District with a Specific Use Authorization for an Indoor Rifle and Pistol Range.
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: “C-2”, “RM-4”, “R-4”
Current Land Uses: Vacant land / Single Family Residential
Direction: East
Current Base Zoning: “C-2NA S”, “R-4”
Current Land Uses: Vacant Land, Single-Family Residential
Direction: South
Current Base Zoning: “C-2NA S”, “UZROW”
Current Land Uses: Vacant Land, Highway IH-37
Direction: West
Current Base Zoning: “C-3”
Current Land Uses: Convenience Store with Gas Station
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: Hot Wells Boulevard
Existing Character: Arterial
Proposed Changes: None Known
Thoroughfare: Interstate IH-37
Existing Character: Highway
Proposed Changes: None Known
Public Transit: There are no VIA bus routes near the subject property.
Traffic Impact: A Traffic Impact Analysis (TIA) cannot be determined at this time.
Parking Information: The parking minimum requirement for a convenience store with gas sales is 6 space per 1,000 sf. GFA (Gross Floor Area).
ISSUE:
None.
ALTERNATIVES:
Current: The “C-2” 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.
The current zoning district designation of “C-2 NA S” is identical to “C-2” districts, except that the sale of alcoholic beverages is prohibited and there is a Specific Use Authorization for an Indoor Rifle and Pistol Range.
Proposed: The proposed zoning district designation of “C-2” 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.
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is within a Regional Center and is within 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 Brooks Regional Center Area Plan and is currently designated as “Community Commercial” in the 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 has not found evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The proposed use is consistent with the established development pattern of the properties to the north and east zoned “C-2”.
3. Suitability as Presently Zoned:
The existing “C-2 NA S” base zoning district is appropriate for the surrounding area. The proposed rezoning maintains the base “C-2” district but removes the “NA” Nonalcoholic Sales restriction as well as the “S” Specific Use Authorization for an Indoor Rifle and Pistol Range. In general, “C-2” Commercial District zoning is suitable along corridors and acts as an adequate buffer to existing and surrounding residential areas.
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 request does not appear to conflict with any public policy objective.
ED-1.3 Stimulate and support increased activity of existing businesses
ED-2.4 Consider rezoning corridors and nodes to permit the mix of uses
6. Size of Tract:
The 1.708 acre site is of sufficient size to accommodate the proposed commercial development.
7. Other Factors:
The applicant is requesting to remove the “NA” designation for a convenience store.