DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Zoning Case Z2020-10700285
SUMMARY:
Current Zoning: "R-6 H MLOD-3 MLR-2 AHOD" Residential Single-Family Dignowity Hill Historic Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District
Requested Zoning: "R-4 H MLOD-3 MLR-2 AHOD" Residential Single-Family Dignowity Hill Historic Martindale Army Airfield Military Lighting Overlay Military Lighting Region 2 Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: January 19, 2021
Case Manager: Mercedes Rivas, Senior Planner
Property Owner: Willowbrook Development, LLC
Applicant: Willowbrook Development, LLC
Representative: Willowbrook Development, LLC
Location: 731 North Palmetto Avenue
Legal Description: Lot 1, Block 1, NCB 1665
Total Acreage: 0.21
Notices Mailed
Owners of Property within 200 feet: 30
Registered Neighborhood Associations within 200 feet: Dignowity Hill Neighborhood Association
Applicable Agencies: Martindale Army Airfield, Planning Department, and Office of Historic Preservation
Property Details
Property History: The subject property is part of the original 36 square miles of the city and was originally zoned “C” Apartment District. The property was rezoned from “C” Apartment District to “R-2” Two Family Residence District by Ordinance 70,784. Under the 2001 Unified Development Code established by Ordinance 93881 dated May 03, 2001, the property converted from “R-2” Two Family Residence District to “RM-4” Residential Mixed District. The subject property was then rezoned from“RM-4” Residential Mixed District to the current “R-6” Residential Single-Family District by Ordinance 2012-12-06-0953 dated December 6, 2012.
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-5”
Current Land Uses: Single-family dwellings
Direction: East
Current Base Zoning: “R-4”
Current Land Uses: Single-family dwellings
Direction: South
Current Base Zoning: “R-6”
Current Land Uses: Single-family dwellings
Direction: West
Current Base Zoning: “R-6”
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.
"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.
"H"
The surrounding properties are located in the Dignowity Hill Historic District, which was adopted in 1983. Historic districts do not regulate use of the property but do enforce building exterior design standards meant to maintain the architectural character or cultural significance of the designated area. Building plans and permit applications will be subject to review by the Office of Historic Preservation and the Historic and Design Review Commission (HDRC) prior to any permits being issued.
Transportation
Thoroughfare: North Palmetto Avenue
Existing Character: Local
Proposed Changes: None
Thoroughfare: Burnet Street
Existing Character: Local
Proposed Changes: None
Public Transit: There are VIA bus routes within walking distance of the subject property.
Routes Served: 22 and 222
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 a single-family dwelling is 1 space per unit.
ISSUE: None.
ALTERNATIVES:
Current: The current “R-6” Residential Single-Family District provides areas for medium- to high-density, single-family residential uses where adequate public facilities and services exist with capacity to serve development. These districts are composed mainly of areas containing single-family dwellings and open area where similar residential development seems likely to occur. Residential single-family provides minimum lot size and density requirements in order to preserve neighborhood character.
Proposed: The proposed zoning district designation of “R-4” Residential Single-Family provides areas for medium- to high-density, single-family residential uses where adequate public facilities and services exist with capacity to serve development. This district is composed mainly of areas containing single-family dwellings and open area where similar residential development seems likely to occur. Residential single-family provides minimum lot size and density requirements in order to preserve neighborhood character.
FISCAL IMPACT: None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is not within a regional center and is not within 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 Dignowity Hill Neighborhood Plan/ Eastside Reinvestment Plan and is currently designated as “Low Density Residential.” The requested “R-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 existing uses and zoning are residential. The applicant would like to subdivide the lot and needs a slightly smaller minimum lot size of 4,000 square feet.
3. Suitability as Presently Zoned:
The current "R-6” Residential Single-Family District is an appropriate zoning for the property and surrounding area. The proposed “R-4” zoning would also be appropriate for the property and surrounding area. If approved, “R-4” will allow the applicant to subdivide the property and sell each existing home individually.
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 Dignowity Hill Neighborhood Plan/ Eastside Reinvestment Plan:
HOUSING AND ECONOMIC DEVELOPMENT: Coordinate and integrate development of a mix of neighborhood businesses that serve the immediate residents in the vicinity and establish housing options with diverse age and density that are walkable and secure
• Goal 8: Increase homeownership through infill development and housing rehabilitation
• Goal 9: Well maintained and diverse housing stock
• Goal 10: Preserve the unique historic character of Dignowity Hill
• Goal 11: Institute sustainable green building standards and environmental design for homes and businesses
• Goal 12: Expand neighborhood businesses that are convenient and safe for residents and visitors to easily access and enjoy
• Goal 13: City government that is more responsive to the needs of the neighborhood
6. Size of Tract:
The subject property is 0.21 acres, which could reasonably accommodate two (2) dwelling units.
7. Other Factors:
The subject property is located within the Martindale Army Airfield 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 there are no objections to the request.
This property is located within the Dignowity Hill Historic District. Any new construction will require approval from the Office of Historic Preservation. Approval of a site plan or materials submitted as part of a zoning application does not supersede any requirements for design review outlined in Article VI of the Unified Development Code. To date, no application has been made to the Historic and Design Review Commission for this project.