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File #: 21-1184   
Type: Zoning Case
In control: City Council A Session
On agenda: 2/4/2021
Posting Language: ZONING CASE Z-2020-10700269 (Council District 2): Ordinance amending the Zoning District Boundary from "I-2 MLOD-3 MLR-2 AHOD" Heavy Industrial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District to "IDZ-1 MLOD-3 MLR-2 AHOD" Limited Intensity Infill Development Zone Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District with uses permitted for two (2) dwelling units on Lot 9 and Lot 10, NCB 6056, located at 1222 Sherman Street. Staff and Zoning Commission recommend Approval, pending Plan Amendment. (Associated Plan Amendment PA-2020-11600074)
Attachments: 1. Map, 2. Site Plan, 3. Ground Plan Comparison, 4. Zoning Minutes, 5. Draft Ordinance, 6. Ordinance 2021-02-04-0076
Related files: 20-7057

DEPARTMENT: Development Services                     

 

DEPARTMENT HEAD: Michael Shannon

                     

COUNCIL DISTRICTS IMPACTED: 2

 

SUBJECT:

Zoning Case Z2020-10700269

(Associated Plan Amendment PA-2020-11600074)

 

SUMMARY:

Current Zoning: "I-2 MLOD-3 MLR-2 AHOD" Heavy Industrial Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District

 

Requested Zoning: "IDZ-1 MLOD-3 MLR-2 AHOD" Limited Intensity Infill Development Zone Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District with uses permitted for two (2) dwelling units

 

BACKGROUND INFORMATION:

Zoning Commission Hearing Date:  December 15, 2020

 

Case Manager:  Victoria Castro, Planner

 

Property Owner:  Maria Perez

 

Applicant:  ADA Consulting Group, Inc.

 

Representative:  Donald Orion

 

Location:  1222 Sherman Street

 

Legal Description:  Lot 9 and Lot 10, NCB 6056

 

Total Acreage:  0.0880

 

Notices Mailed

Owners of Property within 200 feet:  29

Registered Neighborhood Associations within 200 feet: None

Applicable Agencies:  Martindale Army Airfield Base

 

Property Details

Property History:  The property was part of the Original 36 square miles and zoned “L” First Manufacturing District. Under the 2001 Unified Development Code, established by Ordinance 93881, dated May, 03, 2001, the property zoned “L” First Manufacturing District converted to “I-2” Heavy Industrial 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: “I-2”

Current Land Uses:  Railroad

 

Direction:  East

Current Base Zoning:  I-2”

Current Land Uses:  Single-Family Residence

 

Direction:  South

Current Base Zoning: “I-2”

Current Land Uses:  Holy Temple of Jesus Christ, Single Family Residence and Vacant lots

 

Direction:  West

Current Base Zoning: “I-2”

Current Land Uses:  Vacant lot

 

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.

 

"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:  Sherman Street

Existing Character:  Local

Proposed Changes:  None

 

Public Transit:  VIA bus routes are within walking distance of the subject property Routes served: 20 and 22

 

Traffic Impact: A Traffic Impact Analysis (TIA) is not required.  Limited Density Infill Development (IDZ-1) is exempt from TIA requirements.

 

Parking Information:  The minimum parking requirement for a 1 family dwelling is 1 space. 

 

ISSUE:

None.

 

ALTERNATIVES:

Current: The current zoning district designation of “I-2” allows uses that are highly hazardous, environmentally severe in character and/or generate very high volumes of truck traffic. The district was established in order to provide sites for activities which involve major transportation terminals and manufacturing facilities that have a greater impact on the surrounding area than industries found in the L or I-1 districts. Examples of permitted uses: acetylene gas manufacturing & storage, asphalt products manufacturing, boiler & tank works, chemical process clothing manufacturing, and grain drying & milling.

 

Proposed:  The proposed “IDZ-1” Limited Density 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 applicant is utilizing “IDZ-1” to develop two (2) residential units.

 

FISCAL IMPACT:

None.

 

PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:

The property is not located within a Regional Center but is located within a Premium Transit Corridor buffer.

 

RECOMMENDATION:

Staff Analysis and Recommendation: Staff and Zoning Commission (11-0) recommend Approval, pending Plan Amendment.

 

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 / Eastside Community Plan and is currently designated as “Parks Open Space” in the land use component of the plan. The requested “IDZ-1” base zoning district is not consistent with the adopted land use designation. The applicant is requesting a Plan Amendment to change the future land use to “Mixed Use”. Staff recommends Approval. The Planning Commission recommendation is pending the December 16, 2020 hearing.

 

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 proposed use is consistent with the established development pattern of the surrounding area.  The requested “IDZ-1” is appropriate for the site and the surrounding area as it allows for better utilization of this downtown infill property with a mix of uses and reduced parking.

 

3. Suitability as Presently Zoned: 

The existing “I-2” Heavy Industrial District is not appropriate for the surrounding area. The “I-2” base zoning is too intense and not compatible for the area. The proposed “IDZ-1” base zoning is more consistent with the existing characteristic of the immediate area, which is predominantly residential development. The proposed zoning also enhances the neighborhood, by creating a residential development on a vacant lot, within an established neighborhood.  This area could like benefit from a large area rezoning to appropriately downzone the existing “I-2” for the existing uses as single-family residential.

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 Arena District / Eastside Community Plan, which encourages the following:

1. Redevelopment Goals over the next 10-15 years

1.1 New home construction - 25-50 homes per year

 

2. Land Use Guiding Principles

2.1 Establish a land use pattern that is responsive to the existing context and is

      founded upon realistic market expectations

 

4. Land Use Plan Goals

4.1 Conserve existing neighborhoods

 

6.  Size of Tract: 

The 0.0880 acre site is of sufficient size to accommodate the proposed residential development.

7.  Other Factors: 

The subject property is located within the Martindale Army Air Field 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 applicants seeks to rezone to “IDZ-1” for the purpose of developing two (2) residential dwelling units.