DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 3
SUBJECT: Zoning Case Z2020-10700123
SUMMARY:
Current Zoning: "MF-33 AHOD" Multi-Family Airport Hazard Overlay District
Requested Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: July 21, 2020. This case was continued form the July 7, 2020 meeting
Case Manager: Lorianne Thennes, Planner
Property Owner: Cielo Hills, LLC
Applicant: Charles Riley
Representative: Charles Riley
Location: 2819 Southeast Military Drive
Legal Description: 1.596 acres out of NCB 10979
Total Acreage: 1.596 acres
Notices Mailed
Owners of Property within 200 feet: 9
Registered Neighborhood Associations within 200 feet: Highland Hills Neighborhood Association
Applicable Agencies: Texas Department of Transportation
Property Details
Property History: The subject property was annexed into the city by Ordinance 18115, dated September 25, 1952 and was originally zoned “R-3” Residence District. The previous “R-3” district converted to “MF-33” Multi-Family Residential 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: “MF-33” and “R-4”
Current Land Uses: Townhomes, apartments, single-family subdivision
Direction: East
Current Base Zoning: “C-2” and “MH”
Current Land Uses: Restaurant, apartments
Direction: South
Current Base Zoning: “MR” and “C-3”
Current Land Uses: Vacant, hotel
Direction: West
Current Base Zoning: “R-4” and “C-3”
Current Land Uses: Vacant service center
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: Southeast Military Drive
Existing Character: Primary Arterial A
Proposed Changes: None
Public Transit: There are VIA bus routes within walking distance of the subject property.
Routes: 20, 36, 242, 552
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 most retail and office uses is 1 space per 300 square feet of gross floor area.
ISSUE: None.
ALTERNATIVES:
Current: 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 “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. These districts promote a broad range of commercial operations and services necessary for large regions of the city, providing community balance. “C-2” accommodates 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.
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 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 Brooks Area Regional Center Plan and is currently designated as “Urban Mixed Use.” The requested “C-2” is consistent with the future 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 requested “C-2” is consistent with the “C-2” to the east and the “MF-33” to the north.
3. Suitability as Presently Zoned:
The current "MF-33" Multi-Family District is an appropriate zoning for the property and surrounding area. However, the proposed “C-2” is a more appropriate zoning for the property, due to its location along Southeast Military Drive. Properties in this corridor are primarily zoned “C-2” or “C-3.”
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 Brooks Area Regional Center Plan:
Goal 2.5- Support an innovative atmosphere where failure is a stepping stone towards eventual success.
Goal 3.1- Incentivize high-paying, socially, environmentally, and fiscally responsible employers who reinvest in the Brooks Area community and its spirit of innovation.
Goal 3.4- Retain and invest in innovation and creativity to dissuade migration of talent, youth, and economic resources to other geographies.
6. Size of Tract:
The subject property is 1.596 acres, which could reasonably accommodate retail and office uses.
7. Other Factors:
The subject property will remain mostly “MF-33.” The proposed “C-2” zoning is appropriate along Southeast Military Drive, a Primary Arterial A thoroughfare.