DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT: Zoning Case Z2021-10700041
SUMMARY:
Current Zoning: "RM-5 AHOD" Residential Mixed Airport Hazard Overlay District
Requested Zoning: "IDZ-1 AHOD" Limited Intensity Infill Development Zone Airport Hazard Overlay District with uses permitted for two (2) dwelling units
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: April 20, 2021
Case Manager: Lorianne Thennes, Planner
Property Owner: Kuehler Investments, LLC
Applicant: Ariel Lakata
Representative: Ariel Lakata
Location: 202 Mason Street
Legal Description: 0.121 acres out of NCB 488
Total Acreage: 0.121 acres
Notices Mailed
Owners of Property within 200 feet: 28
Registered Neighborhood Associations within 200 feet: Government Hill Alliance 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 “C” Apartment District. The previous “C” district converted to “MF-33” Multi-Family District in the zoning district conversion that accompanied the adoption of the 2001 UDC, according to Ordinance 93881 in May 2001. The property was rezoned to “RM-5” Residential Mixed District by Ordinance 2010-11-04-0971, dated November 4, 2010.
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: “RM-5”
Current Land Uses: Vacant, parking lot
Direction: East
Current Base Zoning: “RM-5”
Current Land Uses: Single-family dwellings
Direction: South
Current Base Zoning: “RM-5,” “C-1” and “IDZ”
Current Land Uses: Single-family dwellings, multi-family dwellings
Direction: West
Current Base Zoning: “IDZ”
Current Land Uses: Water purification company, architect office
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: North Hackberry Street
Existing Character: Secondary Arterial B
Proposed Changes: None
Thoroughfare: Mason Street
Existing Character: Local
Proposed Changes: None
Public Transit: There is one VIA bus route within walking distance of the subject property.
Route: 20
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 two dwelling units is 1 space per unit.
ISSUE: None.
ALTERNATIVES:
Current: The current “RM-5” 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.
Proposed: The proposed “IDZ-1” Limited Intensity Infill Development 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.
The requested “IDZ-1” would allow two (2) dwelling units per an approved site plan.
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 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 Government Hill Neighborhood Plan and is currently designated as “Mixed Use.” The requested “IDZ-1” 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 current “RM-5” Residential Mixed District would allow up to three (3) units. The “IDZ-1” Limited Density Infill Development Zone proposes only two (2) units.
3. Suitability as Presently Zoned:
The current "RM-5 AHOD" Residential Mixed Airport Hazard Overlay District is an appropriate zoning for the property and surrounding area. The proposed “IDZ-1” with uses permitted for two (2) dwelling units is compatible in use and density and is already well established in the area. The subject property is a corner lot and can accommodate two dwellings.
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 Government Hill Neighborhood Plan:
“Low Density Residential land use is an appropriate classification for the existing residential core of the area and will promote and protect the existing low density residential uses”
“Low Density Residential Development includes single-family residential Development on individual lots.”
The applicant’s request meets the Master Plan’s Policy for Growth Management - Policy 1g, because it makes physical improvements on an inner-city property encouraging redevelopment and infill development.
The applicant’s request the Master Plan’s Policy for Neighborhoods - Policy 1a, because it rezones vacant or underutilized property in and around neighborhoods to encourage redevelopment that is compatible in use and intensity with the existing neighborhood.
The applicant’s request the Master Plan’s Policy for Neighborhoods - Policy 4a, because it preserves and revitalizes housing and promotes targeted infill housing in neighborhoods, particularly older neighborhoods located inside Loop 410.
6. Size of Tract:
The subject property 0.121 acres, which could reasonably accommodate two (2) single-family dwelling units.
7. Other Factors:
Infill Development Zone (IDZ) provides flexible standards for developments. IDZ is to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings of structures, within existing built-up areas. IDZ may be approved as either a base zoning district or an overlay zoning district. Standards required in an IDZ district shall apply to either IDZ base zoning or the IDZ overlay district except where otherwise specifically stated. Typically, IDZ gives flexibility to parking requirements, lots sizes, and setbacks.