DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT: Zoning Case Z2020-10700298 CD
SUMMARY:
Current Zoning: "C-2 AHOD" Commercial Airport Hazard Overlay District
Requested Zoning: "C-2 CD AHOD" Commercial Airport Hazard Overlay District with a Conditional Use for a Construction Trades Contractor Facility
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: February 2, 2021
Case Manager: Lorianne Thennes, Planner
Property Owner: Gold Train, Inc. and J. Gaytan Construction, LLC
Applicant: Burt Villareal
Representative: Andrew Garza
Location: 2001 West Poplar Street
Legal Description: Lot 16, Lot 17, Lot 33 and Lot 34, Block 7, NCB 2113
Total Acreage: 0.3148 acres
Notices Mailed
Owners of Property within 200 feet: 62
Registered Neighborhood Associations within 200 feet: West End Hope in Action Neighborhood Association
Applicable Agencies: None
Property Details
Property History: The subject property is part of the original 36 square miles of the city and was originally zoned “F” Local Retail District. The previous “F” district converted to the current “C-2” Commercial 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”
Current Land Uses: Single-family dwellings
Direction: East
Current Base Zoning: “MF-33”
Current Land Uses: Single-family dwellings, multi-family dwelling
Direction: South
Current Base Zoning: “MF-33” and “C-2”
Current Land Uses: Single-family dwellings
Direction: West
Current Base Zoning: “C-2”
Current Land Uses: Single-family dwellings
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: West Poplar Street
Existing Character: Minor
Proposed Changes: None
Thoroughfare: North Calaveras Street
Existing Character: Local
Proposed Changes: None
Public Transit: There are VIA bus routes within walking distance of the subject property.
Routes: 89, 103, 289
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 a construction trades contractors facility is 1 space per 1500 square feet of gross floor area.
ISSUE: None.
ALTERNATIVES:
Current: The current “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" districts accommodate 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.
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" districts accommodate 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.
The proposed use of a construction trades contractor facility is a “C-3” General Commercial District use. "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.
FISCAL IMPACT: None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not within a regional center but is within 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 not located within any Community, Neighborhood, or Sector Plan therefore the existing and surrounding zoning are utilized to determine consistency.
2. Adverse Impacts on Neighboring Lands:
Staff finds evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. The subject property is surrounded by existing homes in all directions, and the proposed use which is classified by right in the “C-3” Commercial District is too intense directly adjoining a residential neighborhood.
3. Suitability as Presently Zoned:
The current “C-2” Commercial District is an appropriate zoning for the property and surrounding area. The proposed “C-2” zoning maintains the existing base zoning of the property and the entire block. The proposed “CD” Conditional Use for a Construction Trades Contractor, conditions down a “C-3” General Commercial use to the “C-2” Commercial District. The use of a Construction Trade Contractor is an intense use directly abutting and across the street from established single-family dwellings.
Most of this area is zoned “C-2” Commercial District which allows a number of compatible neighborhood appropriate uses such as offices, restaurants, boutiques, novelty and other similar uses. It appears that this area could benefit from a large area rezoning as most of the established uses in the area are residential.
4. Health, Safety and Welfare:
Staff has found indication of likely adverse effects on the public health, safety, or welfare. The potential use could bring more heavy truck and trailer traffic, as well as construction equipment noise to the area among other potential nuisances.
5. Public Policy:
The subject property is not located within any Community, Neighborhood, or Sector Plan.
6. Size of Tract:
The subject property is roughly 0.3148 acres, which could reasonably accommodate commercial uses and a construction trade contractor facility.
7. Other Factors:
The applicant intends to have storage containers on site in collaboration with the Contractor Trades Facility. There is proposed storage of equipment, trailers, and storage units directly abutting residential. The applicant is proposing an 8-foot chain-link fence. Staff has advised the applicant that solid-screen fencing is required if the request is approved.