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Z-5524 Staff AnalysisDecember 17, 1991 ITEM NO.: 4 Z-5524 Owner: Stephen Scollard Applicant: Jeffery R. Hathaway Location: Bowman Road (South of West Markham) Request: Rezone from R-4 to 0-3 Purpose: Office Size: 2.0 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned 0-3 South - Single -Family, zoned R-2 East - Single -Family, zoned R-2 West - Vacant, zoned C-3 STAFF ANALYSIS The property in question is zoned R-4, and the request is to rezone the acreage to 0-3 for future office use. The site is about two acres in size and has approximately 450 feet frontage along Bowman Road. The tract of land is situated on the east side of Bowman Road between West Markham and Chenal Parkway. The existing right-of-way at the south end of the site is not physically open. Zoning of the nearby properties is R-2, 0-3 and C-3, with the property abutting R-2 and 0-3 on three sides. Across Bowman Road, the zoning is C-3 from the Chenal Parkway to West Markham. The most recent zoning activity in the area involved several acres on the Chenal Parkway and the reclassification was to 0-3. Land use is similar to the zoning and includes single family, office, commercial, a convenience store with gas pumps and a tire service. Some of the land around the Chenal Parkway/Bowman Road intersection is still vacant. The adopted district plan, I-430, shows the east side of Bowman Road for office use. Therefore, an 0-3 reclassifi- cation conforms to the land use plan and staff supports the zoning change. 0-3 tends to be more compatible with a single family neighborhood and there should be very little effect 1 December 17, 1991 ITEM NO.: 4 Z-5524 Cont. on the residential lots to the east. Also, the 0-3 area along the east side of Bowman creates a desirable land use transition between the commercial land to the west and the single family subdivision. Because of the adjacent single family lots, some type of site plan review should be made a part of the rezoning action. ENGINEERING COMMENTS This section of Bowman Road is a minor arterial, and the required right-of-way is 45 feet from the centerline. Engineering supports a waiver of any additional dedication because all the improvements are in place. STAFF RECOMMENDATION Staff recommends approval of the 0-3 rezoning as filed. PLANNING COMMISSION ACTION: (DECEMBER 17, 1991) The applicant, Jeffery Hathaway, was present. There were two interested residents in attendance. Mr. Hathaway addressed the Commission and said the same individual owns the property in question and the existing 0-3 to the north. Mr. Hathaway said the owner would like to extend 0-3 to the south and would prefer to have the office classification without any additional restrictions such as the site plan review. He then described the existing land use and zoning in the area. Mr. Hathaway said the entire property has 700 feet of frontage on Bowman Road, and office was a logical use for the site. Mr. Hathaway requested that the 0-3 be granted without site plan review. Jim Lawson, Planning Director, made some comments about the site and the 0-3 to the north. Mr. Lawson then discussed the ordinance requirements for buffering and said the ordinance allows shifting of the buffers on a piece of property. He then suggested buffers of 6 fejt in the front and 12 feet in the rear for the property in question and no site plan review. Jeffery Hathaway agreed with the 6 foot and 12 foot buffers. At this point, there was discussion about the staff's recommendation and buffers. December 17, 1991 ITEM NO.: 4 Z-5524 Cont. Jeffery Hathaway spoke again and said it was unfair to burden a portion of the property with site plan review and attach uncertainties to the land. Mr. Hathaway also said there were no plans to develop the site at this time. Havis Jack, a resident in the area, then addressed the Commission. Mr. Jack said he did not oppose the rezoning, however, the neighbors had some questions about the development of the site. Mr. Jack mentioned the location of buildings, parking areas and trees as being possible concerns. Bob Brown, the City's Plans Specialist, commented on the buffer requirement and stated that buffers of 9.3 feet were required on the east and west sides. Mr. Brown pointed out that portions of the buffers could be transferred from one side to another and trees would be required on the east side. After some additional comments, a motion was made to recommend approval of the 0-3 rezoning without any conditions. The motion was approved by a vote of 7 ayes, 0 nays, 2 absent and 2 abstentions (Kathleen Oleson and Walter Riddick).