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.
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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.
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