DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 6
SUBJECT:
Zoning Case Z2020-10700231 CD
SUMMARY:
Current Zoning: "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District
Requested Zoning: "C-2 CD AHOD" General Commercial Airport Hazard Overlay District with a Conditional Use for Motor Vehicle Sales (Full Service)
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: December 1, 2020
Case Manager: Justin Malone, Planner
Property Owner: Jose Antonio Amador Hernandez
Applicant: Jose Antonio Amador Hernandez
Representative: Jose Antonio Amador Hernandez
Location: Generally located in the 8300 block of Grissom Road
Legal Description: Lot P-172, NCB 18048
Total Acreage: 1.4470
Notices Mailed
Owners of Property within 200 feet: 21
Registered Neighborhood Associations within 200 feet: Misty Oaks Neighborhood Association and Pipers Meadow Neighborhood Association
Applicable Agencies: Planning Department
Property Details
Property History: The property was annexed by Ordinance 61624 on December 30, 1985 and zoned Temporary “R-1” Single Family Residence District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001, the property zoned Temporary “R-1” Single Family Residence District converted to the current “R-6” Residential Single-Family 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: “R-6”
Current Land Uses: Single-Family Residences
Direction: East
Current Base Zoning: “ROW”
Current Land Uses: Grissom Road and Old Grissom Road Intersection
Direction: South
Current Base Zoning: “R-6”
Current Land Uses: Cathedral Rock Park and CPS Electrical Substation
Direction: West
Current Base Zoning: “C-3”
Current Land Uses: Tire Repair Shop and Storage Yard
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: Grissom Road
Existing Character: Secondary Arterial A
Proposed Changes: None Known
Thoroughfare: Old Grissom Road
Existing Character: Local
Proposed Changes: None Known
Public Transit: VIA bus routes are within walking distance of the subject property Routes Served: 618 and 610
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 requirement for Auto and Vehicle Sales is 1 parking space per 500 Gross Floor Area, for Apartments is 1 parking space per unit, for Caretaker is 1 parking space per unit and for a Commercial Strip, it depends of the type of business in operation.
ISSUE:
None.
ALTERNATIVES:
Current: The current zoning district designation of “R-6” is designed to allow a Single-family dwelling (detached) with a minimum lot size of 6,000 square feet and a minimum lot width of 50 feet, foster family home, public and private schools.
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.
The “CD” Conditional Use will allow Motor Vehicle Sales (full service).
FISCAL IMPACT:
None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not within a Regional Center and 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. The subject property is located within the West / Southwest Sector Plan and is currently designated as “Suburban Tier” 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 requested “C-2 CD” Commercial District with a Conditional Use for a Motor Vehicle Sales (Full Service) is more consistent and compatible with existing and surrounding zoning and uses, especially at the intersection of Grissom Road and Old Grissom Road.
3. Suitability as Presently Zoned:
The current “R-6” Residential District base zoning district is not appropriate for the property. A single-family residence is not typically constructed on a commercial corridor. The proposed “C-2 CD” is more appropriate, given the existing C-3 zoning nearby, which also includes motor vehicle uses and other high-intensity uses, there is existing context for the kinds of uses the applicant wishes to pursue. Commercial is allowed along secondary arterials such as Grissom Road within the “Suburban Tier” designation. Thus, rezoning to “C-2 CD” Commercial with Conditional Use For Motor Vehicle Sales is consistent with the land use and surrounding zoning and uses.
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 of the West / Southwest Sector Plan, which encourages the following:
GCF P9: Allow higher-density and mixed uses in portions of, or adjacent to, single-
family residential areas to encourage shopping, services and entertainment
amenities in closer proximity to housing and where appropriate.
GCF P14: Establish appropriate buffers and transitions (land use, form and/or
Landscaping) between residential neighborhoods and surrounding higher-
density development.
Goal LU-1: Land use pattern emphasizes compatibility and appropriateness between
uses, and protects neighborhoods and businesses from incompatible land
uses.
Strategy 1.1: Limit encroachment of commercial uses into established low-density
residential areas.
Strategy 1.2: Ensure that high density / intensity land uses are buffered and screened to
reduce the impact on lower density / intensity land uses that are nearby.
6. Size of Tract:
The 1.447 acre site is of sufficient size to accommodate the proposed commercial development.
7. Other Factors:
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 be compatible with adjacent land uses under given conditions. The granting of the zoning with Conditional Use shall only be for the zoning case names in the ordinance approving the Zoning District with the specific Conditional Use provisions.