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
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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).