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Z-5567 Staff AnalysisNovember 17, 1992 ITEM NO.: A Z-5567 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: J. W. Shackleford R. Wingfield Martin Chenal Parkway and Kanis Road Rezone from R-2, 0-2 and C-3 to C-4 Commercial (with outside display) and Bus Company 20.98 acres Various Uses SURROUNDING LAND USE AND ZONING North - Vacant, zoned MF -12 South - Vacant, zoned R-2 East - Vacant and Church, zoned 0-2 and PCD West - Vacant and Single -Family, zoned R-2 and C-3 STAFF ANALYSIS The issue before the Commission is rezoning 20 acres on both sides of the Chenal Parkway from R-2, 0-2 and C-3 to C-4. The acreage is situated between Kirk Road and Kanis Road. Land on the south side of the parkway is outside the city and was reclassified to R-2 through the Area II zoning action. The existing 0-2 and C-3 areas on the north side were rezoned as part of the Chenal zoning effort approved in 1987. Uses found on the land include single family residences, several barns, cabinet shop, a landscaping business (with greenhouses), a bus company and outside storage. There are also two billboards and the majority of the south side is undeveloped. It is anticipated that there will be no immediate changes to the uses if the rezoning is granted. The primary reason for filing the request is to do away with the nonconforming status. Other zoning found in the area is MF -12, 0-3 and PCD. The property in question abuts R-2, MF -12, 0-2 and C-3 lands. In addition to the uses mentioned earlier, a church and a construction company are also found in the area. A high percentage of the surrounding land is vacant at this time. The area under consideration is part of the Chenal District Plan (Rock Creek Valley/Ellis Mountain in the past) and the land use plan identifies the property for multiple uses. For the north side, the plan recommends neighborhood, 1 November 17, 1992 ITEM NO.: A Z-5567 (Cont. commercial and office. Both C-3 and 0-2, the existing zoning, are the appropriate districts for the adopted land use pattern. On the south side, the plan shows the acreage for mixed office and warehouse. In the C-4 district, an office and office warehouse are permitted by right; warehousing is a conditional use. However, the plan's intent is not to endorse C-4 for the office and warehouse area, but rather to recognize that a type of development could be allowed under certain circumstances and through a carefully reviewed plan. There are a number of C-4 uses that are not compatible with the parkway, and C-4 is not the direction the City wants the Chenal Parkway to go. A C-4 reclassification does not maintain the plan's land use concept and could have an adverse impact on the parkway corridor. And finally, there is no C-4 along the entire Chenal Parkway, and the staff has never supported a C-4 rezoning for the area. ENGINEERING COMMENTS 1. A portion of the Chenal Parkway does not have the necessary right-of-way of 120 feet. Dedication of additional right-of-way is needed to meet the standard. (Any featured development will require improvement to the parkway.) 2. Both Kanis and Kirk Roads need 5 feet of additional right-of-way. 3. Dedication of right-of-way for a future collector (60 feet total) shown on the Master Street Plan. The proposed location of the collector is approximately 400 feet east of Kirk Road. STAFF RECOMMENDATION Staff recommends denial of the C-4 rezoning. PLANNING COMMISSION ACTION: (JUNE 2, 1992) The applicant, Wingfield Martin, was present. There were no objectors. Mr. Martin said he was representing the Shacklefords, who own a total of 375 acres. Mr. Martin then proceeded to discuss the Improvement District and the Chenal Parkway. He told the Commission that the Shacklefords had operated a dairy on the land for many years. He then gave some history on the planning efforts in the area and for the property. Mr. Martin then described the existing 2 November 17, 1992 ITEM NO.: A Z-5567 (Cont. zoning and uses. He said that a majority of the uses were nonconforming and that could be a potential problem in the future. There was a long discussion about various issues and comments were offered by several individuals. Wingfield Martin said he was willing to work with the staff on a compromise and asked for a deferral of at least 30 days. The motion was made to defer the request for at least 30 days. The motion was approved by a vote of 11 ayes, 0 nays and 0 absent. PLANNING COMMISSION ACTION: (JULY 14, 1992) The applicant, Wingfield Martin, was present. There were no objectors. Mr. Martin discussed the issue briefly, and then requested a deferral to the November 17, 1992 hearing. A motion was made to defer the item to the November 17, 1992 meeting. The motion was approved by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (NOVEMBER 17, 1992) Staff reported that the applicant had submitted a request to withdraw the issue. As part of the Consent Agenda, the item was withdrawn without prejudice. The vote was 9 ayes, 0 nays and 2 absent. 3