DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT: Zoning Case Z2021-10700042
(Associated Plan Amendment PA-2021-11600005)
SUMMARY:
Current Zoning: "RM-5 AHOD" Residential Mixed Airport Hazard Overlay District
Requested Zoning: "R-3 AHOD" Residential Single-Family Airport Hazard Overlay District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: April 20, 2021
Case Manager: Lorianne Thennes, Planner
Property Owner: Autry Allen
Applicant: Landquest Acquisitions, LLC
Representative: Ariel Lakata
Location: 1622 North Hackberry Street
Legal Description: Lot 3, Block 5, NCB 488
Total Acreage: 0.0781 acres
Notices Mailed
Owners of Property within 200 feet: 33
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
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 one dwelling unit 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 “R-3” Residential Single-Family District is designed to provide options for developing dwelling units for specialized housing markets such as the affordable housing market, starter homes, and empty nester homes on small lots. These districts will provide areas for medium to high-density, single-family residential uses where adequate public facilities and services exist, prevent the overcrowding of land, and facilitate the adequate provision of transportation. The "R-3", "R-2", and "R-1" (residential single-family) zoning districts are designed to be in close proximity to schools, public parks, and open space serving the site. "R-3", "R-2", and "R-1" zoning districts are inappropriate for "enclave subdivisions" and are not permitted. "R-3" subdivisions shall be limited to a maximum size of thirty (30) acres including lots, street right-of-way, easements and open space. "R-2", and "R-1" zoning requests shall be limited to a maximum size of two thousand nine hundred ninety-nine (2,999) square feet in order to prevent the oversaturation of small, compact subdivisions. This limitation shall not apply to city initiated zoning cases.
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 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 Government Hill Neighborhood Plan and is currently designated as “Mixed Use.” The requested “R-3” is not consistent with the future land use designation. The applicant is seeking a plan amendment to “Low Density Residential”. Staff and Planning Commission recommend Approval.
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 “RM-5” Residential Mixed District allows up to three (3) units. The proposed “R-3” Residential Single-Family District allows a single-family home on an individually platted 3,000 square foot lot.
3. Suitability as Presently Zoned:
The current “RM-5” Residential Mixed District and proposed "R-3” Residential Single-Family District are appropriate zonings for the property and surrounding area; both allow for residential development.
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.”
6. Size of Tract:
The subject property 0.0781 acres, which could reasonably accommodate a single-family dwelling unit.
7. Other Factors:
None