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,
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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
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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.
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