DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT: Zoning Case Z2020-10700141
SUMMARY:
Current Zoning: "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District and "MF-33 AHOD" Multi-Family Airport Hazard Overlay District
Requested Zoning: "IDZ-1 AHOD" Limited Intensity Infill Development Zone Airport Hazard Overlay District with uses permitted for five (5) dwelling units
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: August 18, 2020. This case is continued from the July 21, 2020 hearing.
Case Manager: Lorianne Thennes, Planner
Property Owner: Calderoni Real Estate, LLC
Applicant: Calderoni Real Estate, LLC
Representative: Killen, Griffin & Farrimond, PLLC
Location: 233 East Craig Place
Legal Description: Lot 15, the east 25 feet of Lot 14 and the west 25 feet of Lot 16, NCB 3098
Total Acreage: 0.2755 acres
Notices Mailed
Owners of Property within 200 feet: 37
Registered Neighborhood Associations within 200 feet: Tobin Hill Community Association
Applicable Agencies: Texas Department of Transportation
Property Details
Property History: The subject property is within the original 36 square miles of the city was originally zoned “B” Two Family Residential District. A portion of the property was rezoned to “R-1” Single Family Residence District and a portion was rezoned to “R-3” Multiple Family Residence District by Ordinance 83331, dated December 14, 1995. The previous “R-1” converted to the current “R-6” Residential Single-Family District and the previous “R-3” converted to the current “MF-33” Multi-Family District in the zoning district conversion that accompanied the adoption of the 2001 UDC, according to Ordinance 93881 in May 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: “R-6”
Current Land Uses: Single-family dwellings
Direction: East
Current Base Zoning: “R-6”
Current Land Uses: Single-family dwellings
Direction: South
Current Base Zoning: “R-6” and “MF-33”
Current Land Uses: Single-family dwellings, multi-unit apartments
Direction: West
Current Base Zoning: “MF-33” and “R-6”
Current Land Uses: Single-family dwellings, multi-unit apartments
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: Craig Place
Existing Character: Local
Proposed Changes: None
Public Transit: There are VIA bus routes within walking distance of the subject property.
Routes: 5, 8, 204
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 five (5) dwelling units is 1.5 spaces per unit.
ISSUE: None.
ALTERNATIVES:
Current: The current “R-6” Residential Single-Family District provides areas for medium- to high-density, single-family residential uses where adequate public facilities and services exist with capacity to serve development. This district is composed mainly of areas containing single-family dwellings and open area where similar residential development seems likely to occur. Residential single-family provides minimum lot size and density requirements in order to preserve neighborhood character.
The current “MF-33” Multi-Family District is the designation for multi-family use with a maximum density of up to thirty-three (33) units per acre, depending on unit size. An "MF-33" district designation may be applied to a use in a multi-family residential area located near supporting transportation and commercial facilities in a centrally located area or in an area for which medium density multi-family use is desired.
Proposed: The proposed “IDZ-1” Low Intensity Infill Development Zone District provides flexible standards for the development and reuse of underutilized parcels. Urban design standards are required in order maintain a neighborhood commercial scale, to promote pedestrian activity, and to maintain the unique character of the center. Pedestrian circulation is required as are common parking areas. Any use may be permitted within an "IDZ" so long as it complies with the standards of this section.
The requested five (5) dwelling units match most closely with the standards of “MF-18.” “MF-18” Limited Density Multi-Family District is the designation for a multi-family use with a maximum density of up to eighteen (18) units per acre, depending on unit size. An "MF-18" district designation may be applied to a use in a residential neighborhood that contains a mixture of single-family and multi-family uses or in an area for which limited density multi-family use is desired. An "MF-18" district may be used as a transition between a single-family and higher intensity uses.
FISCAL IMPACT: None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is within a regional center and a premium transit corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff recommends Denial.
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 Midtown Regional Center Plan and is currently designated as “Urban Low Density Residential.” The requested “IDZ-1” base zoning district is consistent with the future land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff finds evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The proposed request is out of character with the established development in the area. The area has been primarily developed as large single-family homes with traditional driveways on each lot.
3. Suitability as Presently Zoned:
The current "R-6" Residential Single-Family District is an appropriate zoning for the property and surrounding area.
4. Health, Safety and Welfare:
Staff has found indication of likely adverse effects on the public health, safety, or welfare.
5. Public Policy:
The proposed rezoning appears to conflict with the following goals, principles, and objectives of the Midtown Regional Center Plan:
Goal 1- Preserve Midtown’s District Character
Goal 4.2- Accommodate growth while preserving distinct characteristics of each part of Midtown and providing thoughtful transitions between uses
Goal 5.4- Focus most new housing development closer to multimodal transportation corridors
6. Size of Tract:
The subject property is 0.2755 acres, which could reasonably accommodate five (5) dwelling units.
7. Other Factors:
"IDZ"
Infill Development Zone (IDZ) provides flexible standards for developments. IDZ is to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings of structures, within existing built-up areas. IDZ may be approved as either a base zoning district or an overlay zoning district. Standards required in an IDZ district shall apply to either IDZ base zoning or the IDZ overlay district except where otherwise specifically stated. Typically IDZ gives flexibility to parking requirements, lots sizes, and setbacks.