DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT: Zoning Case Z2020-10700263
SUMMARY:
Current Zoning: "C-3R AHOD" General Commercial Restrictive Alcoholic Sales Airport Hazard Overlay District
Requested Zoning: "RM-4 AHOD" Residential Mixed Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: December 15, 2020
Case Manager: Lorianne Thennes, Planner
Property Owner: The 2123 Development Group, LLC
Applicant: Joaquinn Arch
Representative: Joaquinn Arch
Location: 907 South Hackberry Street
Legal Description: Lot 8, Block 43, NCB 652
Total Acreage: 0.1647 acres
Notices Mailed
Owners of Property within 200 feet: 33
Registered Neighborhood Associations within 200 feet: Denver Heights Neighborhood Association
Applicable Agencies: None
Property Details
Property History: The subject property is within the original 36 square miles of the city and was originally zoned “J” Commercial District. It was rezoned to “B-3R” Restrictive Business District by Ordinance 79329, dated December 16, 1993. The previous “B-3R” district converted to the current “C-3R” General Commercial Restrictive Alcohol Sales 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: “C-2”
Current Land Uses: Single-family dwellings, duplexes, law office
Direction: East
Current Base Zoning: “NC,” “C-3R” and “RM-4”
Current Land Uses: Auto shop, ice house, duplexes
Direction: South
Current Base Zoning: “C-3R” and “C-2”
Current Land Uses: Single-family dwelling, restaurant and parking lot
Direction: West
Current Base Zoning: “RM-4”
Current Land Uses: Single-family dwellings, duplex
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: South Hackberry
Existing Character: Secondary Arterial B
Proposed Changes: None
Public Transit: There are VIA bus routes within walking distance of the subject property.
Routes: 26, 28, 30, 230
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 four dwelling units is 1.5 spaces per unit.
ISSUE: None.
ALTERNATIVES:
Current: The current “C-3” General Commercial District permit 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-3" districts are designed to provide for more intensive commercial uses than those located within the "NC," "C-1," "C-2" or "C-3" zoning districts. "C-3" uses are typically characterized as community and regional shopping centers, power centers and/or assembly of similar uses into a single complex under either single ownership or the structure of a property owners or condominium styled organization. "C-3" districts should incorporate shared internal circulation and limited curb cuts to arterial streets.
District regulations within the "C-3R" district are the same as in "C-3" districts except that no sales of alcoholic beverages for on-premises consumption shall be permitted.
Proposed: The proposed “RM-4” Residential Mixed District provides areas for medium to high-density residential uses where adequate public facilities and services exist with capacity to serve development. These districts are composed mainly of areas containing a mixture of single-family, two-family and multi-family dwellings and open space where similar residential development seems likely to occur. The district regulations are designed to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; and to preserve the openness of the area by requiring flexible yard and area standards. Mixed residential districts provide flexible density requirements in order to allow for market and design flexibility while preserving the neighborhood character and permitting applicants to cluster development in order to preserve environmentally sensitive and agricultural land areas.
FISCAL IMPACT: None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not within a regional center or a premium transit corridor.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff and Zoning Commission (11-0) 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 Arena District Community Plan and is currently designated as “Medium Density Residential.” The requested “RM-4” 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 proposed “RM-4” is a downzoning of the existing “C-3R.”
3. Suitability as Presently Zoned:
The current "C-3R” General Commercial Restrictive Alcohol Sales District is not an appropriate zoning for the property and surrounding area. The proposed “RM-4” is a much more appropriate zoning for the property and the area, which primarily consists of residential dwelling units.
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 Arena District Community Plan:
Goal 1.1- New home construction- 25-50 homes per year
Goal 2.2- Protect the neighborhoods by providing them with the necessary improvements
to enable infill development and redevelopment
Goal 4.1- Conserve existing neighborhoods
6. Size of Tract:
The subject property is 0.1647 acres, which could reasonably accommodate four (4) dwelling units.
7. Other Factors:
None.