DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Zoning Case Z2020-10700151 CD
SUMMARY:
Current Zoning: "C-3 MLOD-3 MLR-2" General Commercial Martindale Army Airfield Military Lighting Overlay Military Lighting Region-2 District.
Requested Zoning: "C-1 CD MLOD-3 MLR-2" Light Commercial Martindale Army Airfield Military Lighting Overlay Military Lighting Region-2 District with a Conditional Use for Recreational Vehicle Park
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: August 4, 2020
Case Manager: Victoria Castro, Planner
Property Owner: Glenn P. Austin
Applicant: Glenn P. Austin
Representative: Glenn P. Austin
Location: 2050 Rigsby Avenue
Legal Description: 0.2941 acres out of NCB 10319
Total Acreage: 0.2941
Notices Mailed
Owners of Property within 200 feet: 15
Registered Neighborhood Associations within 200 feet: Commanche Community Neighborhood Association
Applicable Agencies: Martindale Army Airfield
Property Details
Property History: The property was annexed by Ordinance 18115 on September 25, 1952 and zoned “B-3” Business District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001, the property zoned “B-3” Business District converted to the current “C-3” General 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: “C-3 CD”, “I-1” and “R-4”
Current Land Uses: Jackson Motor Sales Truck and Trailer Repair and Single-Family Residence
Direction: East
Current Base Zoning: “R-4” and “R-5”
Current Land Uses: Vacant Building, Vacant Land and Single-Family Residences
Direction: South
Current Base Zoning: “C-3” and “R-4”
Current Land Uses: Vacant Land and Single-Family Residences
Direction: West
Current Base Zoning: “C-3”, “C-2” and “R-4”
Current Land Uses: Excelsior Printing Company and Single-Family Residences
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: Rigsby Avenue
Existing Character: Primary Arterial A
Proposed Changes: None Known
Thoroughfare: Amity Road
Existing Character: Local
Proposed Changes: None Known
Public Transit: 30
Traffic Impact: Traffic Impact Analysis (TIA) can’t be determined at this time.
Parking Information: The parking requirement for a Recreational Vehicle Park is Not Applicable.
ISSUE:
None.
ALTERNATIVES:
Current: The current zoning district designation of “C-3” is intended to provide for more intensive commercial uses than those located within the NC, C-1 or C-2 zoning districts. C-3 uses are typically characterized as regional shopping centers, power centers, and/or assembly of similar uses into a single complex. There are no building size limitations, and building height is limited to 35 feet. Examples of permitted uses: bar/tavern & nightclub, amusement/theme parks, dance hall, indoor movie theater, auto repair, auto sales, auto glass sales (installation permitted), auto muffler (sales and installation only), hotel, bookbinder, dry cleaning or laundry plant, indoor flea market, home improvement center, body piercing/massage/tattoo parlor. No outdoor storage is permitted. Outdoor operations and display shall be permitted in areas which are screened as provided in 35-510 of the Unified Development Code.
Proposed: The proposed zoning district designation of “C-1” is designed to accommodate neighborhood commercial uses which depend on a greater volume of vehicular traffic than an NC district. C-1 uses are considered appropriate buffers between residential uses and C-2 and C-3 districts and uses. Building size is limited to 5,000 square feet. Examples of permitted uses: arcade, boarding house, noncommercial athletic field, retail furniture sales, grocery store, nursery (retail - no growing of plants on site permitted), retail office equipment and supply, and retail rug or carpet sales. No outdoor storage or display of goods shall be permitted except for outdoor dining.
The “CD” Conditional Use will allow for a Recreational Vehicle Park.
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not within a Regional Center and is not 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 Eastern Triangle Community Plan and is currently designated as “Neighborhood Commercial” in the land use component of the plan. The requested “C-1” base zoning district is consistent with the adopted land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff has found evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The requested “C-1” is a downzone from the existing “C-3” district.
3. Suitability as Presently Zoned:
The existing “C-3” base zoning district is not appropriate for the surrounding area, since it is intended to provide for more intensive commercial uses than those located within the NC, C-1 or C-2 base zoning districts. The proposed “C-1” Light Commercial is consistent with the area and the land use. The proposed “CD” Conditional Use allows consideration of a Recreational Vehicle Park which is typically allowed by right in the “L” Light Industrial District. The Conditional Use also allows consideration of any conditions on the use if necessary, such as fencing, buffering, hours of operation and other similar restrictions.
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 appear to conflict with any public policy objective of the Eastern Triangle Community Plan, which encourages the following:
Goal 9: Promote diversification of businesses and services
Objective 9.1: Increase range of family-oriented businesses and services within the
Eastern Triangle.
9.1.1. Attract local and national businesses that reach a larger community.
9.1.5. Actively seek out small medical offices to locate in the area.
9.1.8. Promote a diverse selection of local stores to retain current residents and
encourage others to locate in the Eastern Triangle.
6. Size of Tract:
The 0.2941 acre site is of sufficient size to accommodate the proposed commercial development.
7. Other Factors:
The subject property is located within the Martindale Army Airfield 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 Military has indicated that there are no objections to this request.
The applicant is requesting to rezone from “C-3” to “C-1 CD”, to allow for a Recreational Vehicle Park.
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 not be compatible with adjacent land uses under given conditions.