City Council Briefing Clear Creek Holdings, LLC. April 16, 2019 Robert J. Tajan, Director Planning and Community Development

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2 City Council Briefing April 16, 2019 Robert J. Tajan, Director Planning and Community Development 1

3 AICUZ Background Air Installation Compatible Use Zones Established in response to the Noise Control Act of 1972 Goal is to protect health, safety and welfare from noise and hazards through compatible development in the airport environment Protects Navy installation investment by safeguarding the installation s operational capabilities Requirements are in Zoning Ordinance for discretionary actions and by right uses Two sections: noise and Accident Potential Zones (APZ) 2

4 Noise Zones Follows flight paths as surrounding > 75 db DNL Residential use not compatible Assembly and medical uses not compatible db DNL Residential use not compatible Large assembly uses not compatible db DNL Varying residential uses are compatible 3

5 Accident Potential Zones (APZ) Clear Zones Area near end of runways Only Agricultural and vacant land are compatible APZ1 Areas in close proximity to runways and Industrial and limited Commercial are compatible APZ2 Least restrictive Commercial uses are compatible Single-family is only compatible residential use 4

6 Applicability of AICUZ Ordinance Compatibility tables are used for discretionary development approvals: Rezonings Conditional use permits Alternative Compliance (Special Exceptions) By-right developments are permitted (Excluding APZ-1) 5

7 Council District Beach Location Vacant Parcel along S. Birdneck Road Conditional Rezoning (R-10 Residential District & I-1 Light Industrial District to Conditional I-1 Light Industrial District) 6

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9 Council District Beach Location Vacant Parcel along S. Birdneck Road Application History: January 9, 2019 Planning Commission public hearing (10-0, Approval recommended) February 5, 2019 deferred by City Council (public outreach) February 19, 2019 deferred by City Council (public outreach) March 19, 2019 deferred by City Council (change in proffered conditions to limit uses to address community concerns) April 2, 2019 deferred by City Council (information on restrictive easement and permitted use under current and proposed zoning) 8

10 Council District Beach Location Vacant Parcel along S. Birdneck Road Property background One parcel that is split zoned R-10 and I-1. In the Historic Seatack Suburban Focus Area Located within the >75 db noise zone and APZ-2 Navy acquired a restrictive easement limiting the permitted uses on the property in the early 1980 s No residence was located on the property at the time of the acquisition of the restrictive easement per City real estate records Easement does not allow residential uses on the property 9

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12 I-1 R-10 Landscape Plan 11

13 Council District Beach Location Vacant Parcel along S. Birdneck Road Permitted uses in the R-10 area of the property (based on the staff assessment of restrictions in the Navy Easement): Agricultural and horticultural uses (excluding keeping of poultry and livestock) Public utility installation and substations including ancillary offices Passive open space 12

14 Council District Beach Location Vacant Parcel along S. Birdneck Road Uses allowable by Conditional Use Permit in the R-10 area of the property (based on the restrictions of the Navy Easement): Borrow Pit* Cemetery, columbarium, crematory, mausoleum Communication Tower* Satellite parking lot (over 30 spaces) in conjunction with another Conditional Use Golf Course (not including par 3 courses)* Marina* Private sewage treatment facility Storage or maintenance installation for public utilities 13

15 Council District Beach Location Vacant Parcel along S. Birdneck Road Uses listed as not permitted per the Navy restrictive easement Any residential use including Group Homes Day care centers, child education center or day nurseries Schools including college and vocational Religious Institutions Campgrounds, auditoriums, assembly halls, sports arenas, spectator sports, par 3 or miniature golf Dormitories or sorority houses, student centers, lodgers for fraternal organization and private clubs Airports, heliports, or helistops 14

16 Council District Beach Location Vacant Parcel along S. Birdneck Road Uses listed as not permitted per the Navy restrictive easement Drive-in theaters; indoor recreation or amusement facilities, movie theaters, theaters, and athletic clubs Hospitals Manufacturing, storage, handling or distribution of explosives or petroleum related products Shopping centers and office buildings Retail sales unless accessory to a permitted use Keeping or raising of mink Any structure taller than 172 feet above mean sea level 15

17 Council District Beach Location Vacant Parcel along S. Birdneck Road Uses not permitted as proffered by the applicant Mini-warehouse (self storage facilities) Automobile Service Stations (gas station) Automotive Repair Garage 16

18 Council District Beach Location Vacant Parcel along S. Birdneck Road Staff and Planning Commission both recommend approval of the Conditional Rezoning Rezoning allows for uses permitted by the AICUZ Ordinance Property is one parcel that has multiple zonings Proffers assure the development meet the Comprehensive Plan recommendations for compatibility with the Suburban Focus Area Restrictive easement limits the use of the property to light industrial type uses 17