DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 8
SUBJECT: Zoning Case Z2021-10700068 CD
SUMMARY:
Current Zoning: "C-3NA" General Commercial Nonalcoholic Sales District
Requested Zoning: "C-2 CD" Commercial District with a Conditional Use for Auto Paint and Body- Repair with Outside Storage of Vehicles and Parts
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: May 4, 2021
Case Manager: Lorianne Thennes, Senior Planner
Property Owner: SA Holdings Group, LLC
Applicant: Kelly Rabedeau
Representative: Kelly Rabedeau
Location: 8803 Oakland Road
Legal Description: Lot 9, Block 4, NCB 14688
Total Acreage: 0.7469 acres
Notices Mailed
Owners of Property within 200 feet: 17
Registered Neighborhood Associations within 200 feet: None
Applicable Agencies: None
Property Details
Property History: The subject property was annexed into the city by Ordinance 41426, dated December 25, 1972 and was originally zoned Temporary “R-1” One Family Residence District. The property was rezoned to “B-3NA” Non-Alcoholic Sales Business District by Ordinance 61272, dated August 22, 1985. The previous “B-3NA” district converted to current “C-3NA” General Commercial Nonalcoholic 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-2NA,” “C-3NA,” “C-2 CD” and “C-3R”
Current Land Uses: Collision center, tire shop, auto inspection company, restaurant
Direction: East
Current Base Zoning: “MF-18”
Current Land Uses: Vacant
Direction: South
Current Base Zoning: “C-3R” and “MF-18”
Current Land Uses: Vacant
Direction: West
Current Base Zoning: “C-3NA,” “C-3” and “C-3R”
Current Land Uses: Auto repair shop, lube and transmission shop, credit union
Overlay and Special District Information:
None
Transportation
Thoroughfare: Oakland Road
Existing Character: Minor
Proposed Changes: Probandt Street (South Alamo Street to US Highway 90) -- Corridor improvements on Probandt from S. Alamo to Hwy 90. Includes pedestrian amenities, drainage, traffic and other improvements as appropriate and within available funding. City funding will leverage State funding.
Public Transit: There is one VIA bus route within walking distance of the subject property.
Routes: 604
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 Auto Paint and Body- Repair with Outside Storage of Vehicles and Parts is 1 space per 500 square feet of gross floor area, including service bays, wash tunnels and retail areas.
ISSUE: None.
ALTERNATIVES:
Current: The current “C-3NA” General Commercial Nonalcoholic Sales 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-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-3NA" districts are the same as in "C-3" districts except that no sales of alcoholic beverages for on-premises or off-premises consumption shall be permitted.
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 applicant is seeking a “CD” Conditional Use for Auto Paint and Body- Repair with outside storage of vehicles and parts, a use that is allowed in “C-3” General Commercial with a Specific Use Authorization.
FISCAL IMPACT: None.
PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR:
The property is within a regional center and 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 Medical Center Area Regional Center Plan and is currently designated as “Urban Mixed Use.” The requested “C-2 CD” 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 “C-2” Commercial District is already well established in the area and is technically a downzoning from the current “C-3NA” General Commercial Nonalcoholic Sales District.
3. Suitability as Presently Zoned:
The current "C-3NA" General Commercial Nonalcoholic Sales District is an appropriate zoning for the property and surrounding area. However, the proposed “C-2” is more appropriate for the property, as it is next to “MF-18” zoning and would act as a buffer between multi-family and general commercial zoning.
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 Medical Center Area Regional Center Plan:
Goal 3.2- Encourage vibrant, accessible, mixed-use activity nodes that serve the needs of the surrounding neighborhoods for area workers and visitors.
Goal 4.1- Foster an innovative economic environment that leverages world class medical service care providers, education, and research to generate business creating and attract patients, employees, students, and investment from throughout the world.
6. Size of Tract:
The subject property 0.7469 acres, which could reasonably accommodate an auto paint and body- repair facility with outside storage of vehicles parts.
7. Other Factors:
The Conditional Use zoning procedure is designed to provide for a land use that is not permitted by the established zoning district, but due to individual site considerations or unique development requirements would be compatible with adjacent land uses under given conditions.