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Z-5698-E Staff AnalysisSeptember 3, 2009 ITEM NO.: 7 FILE NO.: Z -5698-E Owner: West Group, LLC Applicant: White-Daters Location: Southeast corner of Bowman Road and Hermitage Road Area: 5.94± Acres Request: Rezone from C-3 General Commercial District with conditions to C-3 General Commercial District Purpose: Broaden the available uses that can occupy lease spaces within the existing buildings. Existing Use: Shopping Center SURROUNDING LAND USE AND ZONING North — Garden Ridge retail store and two restaurants; zoned PCD South — Multi building — multi tenant retail, restaurant and office warehouse development; zoned PCD East — Mini -warehouse and office development; zoned POD West — Multiple Commercial uses including Sam's Club Warehouse, Walmart and Hank's Furniture; all zoned C-3 A. PUBLIC WORKS COMMENTS: Repair or replace any curb, gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of properties located within 200 feet of the site and all residents within 300 feet who could be identified were notified of the public hearing. There is no neighborhood association in the immediate vicinity. September 3; 2009 SUBDIVISION ITEM NO: 7 (Cont. D. LAND USE ELEMENT: C NO.: Z-5698 This request is located in the 1-430 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3 with conditions to C-3 General Commercial. The request does not require a change to the Land Use Plan. Master Street Plan: Bowman Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Bowman Road since it is a Minor Arterial. Hermitage Road is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Walnut Valley Birchwood Neighborhood Action Plan. The Community Redevelopment Goal states: "Maintain and reinvigorate existing retail areas to provide active retail for local residents. STAFF ANALYSIS: West Group, LLC, owner of the shopping center property located at the southeast corner of Bowman Road and Hermitage Road is requesting to rezone the property from "C-3" General Commercial District with conditions to "C-3" General Commercial District. This developed property contains two commercial buildings and paved parking for 309 vehicles. Both buildings are one-story in height and are constructed of brick, block and some stucco. The larger of the two buildings contains an area of 53,564 square feet. The second building contains 7.057 square feet. I•• September 3, 2009 SUBDIVISION ITEM NO: 7 (Cont. FILE NO.: Z-569 In 1993, a PCD was approved for the site which allowed for development of a "retail business center". That project was not developed. In 1995, the PCD was revoked and the property was zoned to C-3. In conjunction with the C-3 zoning, the applicant offered to eliminate several possible uses for the property. The list of eliminated uses is as follows: (a) butcher shop (b) cabinet and woodwork shop (c) church (d) college dormitory (e) college fraternity or sorority (f) college, university or seminary (g) convent or monastery (h) feed store (i) group care homes (j) hand craft ceramic sculpture or similar art work (k) job printing, lithographer, printing, or blueprinting (1) library, art gallery, museum or similar public use (m) lodge or fraternal organization (n) mortuary or funeral home (o) multi -family dwellings (as per the R-5 District) (p) parking, commercial lot or garage (q) pawnshop (r) plant sale temporary/open display (s) recycling facility, automated (t) school (commercial, trade or craft) (u) school (public or denominational) (v) second hand store (used furniture or rummage shop) (w) taxidermist In 1997, a multiple building site plan was approved for the site, resulting in the current development. The applicant is now requesting that the zoning be changed to "C-3" without the condition limiting occupancy of the buildings. With a broader range of possible tenants, the applicant hopes to fill currently vacant lease space. 3 September 3, 2009 SUBDIVISION ITEM NO: 7 (Cont. FILE NO.: Z -5698-E Staff is supportive of the request. The adopted Land Use Plan recommends Commercial for the site. The C-3 request complies with the Plan. At the time the property was originally zoned to C-3, there was still residentially zoned property in the area, including directly adjacent to the south and across Bowman to the west. The property to the south has subsequently been zoned PCD and is developed as a multiple use commercial center. The properties across Bowman, south to Kanis, have been zoned to C-3. A large, furniture store has recently been constructed on a portion of those C-3 zoned properties. This property is located in the commercial node that radiates out from the Bowman Road/Chenal Parkway intersection. The proposed C-3 zoning is appropriate for the site. The limitation of uses seems superfluous in light of the subsequent commercial zoning that has occurred in the area around the site. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 zoning. PLANNING COMMISSION ACTION: (SEPTEMBER 3, 2009) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff with a vote of 9 ayes, 0 noes and 2 absent. N