HomeMy WebLinkAboutStaff Report_MinutesDecember 17, 1998
ITEM NO.: 2 FILE NO.: LU98-02-04
Name: Land Use Plan Amendment - Rodney Parham
Planning District
Location: South side of Markham Street form Westbrook to
Pryor
Recuest: Single Family to Suburban Office
Source: Mary Ann Phillips
PROPOSAL / REQUEST:
Land Use Plan amendment in the Rodney Parham Planning
District from Single Family to Suburban Office. Suburban
Office provides for low intensity development of office or
office parks in close proximity to lower density residential
areas to assure compatibility. A Planned Zoning District is
required.
Prompted by this Land Use Amendment request, the Planning
Staff expanded the area of review to include the areas to
the east to the retail development. It is thought that the
additional area would make the boundaries more logical.
CURRENT LAND USE AND ZONING:
The property is currently zoned R-2 and is approximately
1.2t acres in size. To the north, west and south, are
single family homes zoned R-2 and shown on the land Use Plan
as Single Family. To the east is the shopping center shown
as Commercial on the Land Use Plan that houses Burlington
Coat Factory and PC Hardware. It is zoned C-3. A portion
of the parking lot for that shopping center is zoned 0-3.
RECENT AMENDMENTS:
October 20, 1998, a change from Suburban Office to
Commercial on Markham Center Drive'and from Single Family to
Suburban Office on the east side of Natural Resources Drive.
MASTER STREET PLAN:
Markham Street is shown as a minor arterial on the plan and
is a four -lane roadway through the amendment area. Pryor is
shown as a residential street.
Single family homes dominate this section of Markham on the
north side from just west of Rodney Parham to Santa Fe and
December 17, 1998
ITEM NO.: 2 (Cont.) FILE NO.: LU98-02-04
on the south side from Pryor to Wedgwood. On the north
side, they mainly face the side streets. On the south,
those who face Markham, have ample setbacks from the street.
West of Wedgwood and Santa Fe is an area shown on the Land
Use Plan as Suburban Office and Commercial on both sides of
the street. It is characterized by strip centers, offices
in remodeled homes and office parks.
It is Staffs, opinion that it is desirable to retain single
family homes on minor arterials. Arterials, simply because
they are such, do not justify more intensive development.
The expanded site has been the site of previous actions in
the past. In July 1985, an attempted rezoning from R-2 and
0-3 to C-3. Reasons for denial were stated as: "(1) the
adjacent residential neighborhood would be adversely
affected, and (2) Pryor Street cannot act to hold the line
between commercial and residential development." In July
1979, an attempt to zone to "E-1" Quiet Business for a
beauty shop was denied by the Commission. In March 1974,
the zoning to commercial for the east 70, and the remainder
to be zoned to "E-1" Quiet Business. This rezoning met with
pronounced local resistance.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Pennebrook, Echo Valley, Walnut Valley, Colony
West, Treasure Hills, Sturbridge, Beverly Hills, Santa Fe,
Rainwood, and Pleasant Valley.
As of this printing, Staff has received four phone calls
from neighbors, 1 supportive, 1 opposed and two neutral.
Please note the attached petition supplied by the applicant
with 4 signatures.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate at the time.
2
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Item No. 2
February 4, 1999
ITEM NO.: B FILE NO.: LU98-02-04
Name: Land Use Plan Amendment - Rodney Parham
Planning District
Location: South side of Markham Street form Westbrook
to Pryor
Request: Single Family to Suburban Office
Source: Mary Ann Phillips
PROPOSAL / REOUEST:
Land Use Plan amendment in the Rodney Parham Planning
District from Single Family to Suburban Office. Suburban
Office represents services
CURRENT LAND USE AND ZONING:
The property is currently zoned R-2 and is approximately
1.2± acres in size. To the north, west and south, are
single family homes zoned R-2 and shown on the land Use Plan
as Single Family. To the east is the shopping center shown
as Commercial on the Land Use Plan that houses Burlington
coat Factory and PC Hardware. It is zoned C-3. A portion
of the parking lot for that shopping center is zoned 0-3.
RECENT AMENDMENTS:
October 20, 1998, a change from Suburban Office to
Commercial on Markham Center Drive and from Single Family to
Suburban office on the east side of Natural Resources Drive.
MASTER STREET PLAN:
Markham Street is shown as a minor arterial on the plan and
is a four -lane roadway through the amendment area. Pryor is
shown as a residential street.
Single family homes dominate this section of Markham on the
north side from just west of Rodney Parham to Santa Fe and
on the south side from Pryor to Wedgwood. On the north
side, they mainly face the side streets. On the south,
those who face Markham, have ample setbacks from the street.
West of Wedgwood and Santa Fe is an area shown on the Land
Use Plan as Suburban Office and Commercial on both sides of
the street. It is characterized by strip centers, offices
in remodeled homes and office parks.
The expanded site has been the site of previous actions in
the past. In July 1985, an attempted rezoning from R-2 and
February 4, 1999
ITEM NO.: B (Cont.) FILE NO.: LU98-02-04
0-3 to C-3. Reasons for denial were stated as: "(1) the
adjacent residential neighborhood would be adversely
affected, (2) Pryor Street cannot act to hold the line
between commercial and residential development." In July
1979, an attempt to zone to "E-1" Quiet Business for a
beauty shop was denied by the Commission. In March 1974,
the zoning to commercial for the east 70' and the remainder
to be zoned to "E-1" Quiet Business. This rezoning met with
pronounced local resistance.
Prompted by this Land Use Amendment request, the Planning
Staff expanded the area of review to include the areas to
the east to the retail development. It is thought that the
additional area would make the boundaries more logical.
It is Staffs' opinion that it is desirable to retain single
family homes on minor arterials. Arterials, simply because
they are such, do not justify more intensive development.
NEIGHBORHOOD COMMENTS:
Notices were sent to the following neighborhood
associations: Pennebrook, Echo Valley, walnut Valley, Colony
West, Treasure Hills, Sturbridge, Beverly Hills, Santa Fe,
Rainwood, and Pleasant Valley.
As of this printing, Staff has received four phone calls
from neighbors, 1 supportive, 1 opposed and two neutral.
Please note the attached petition supplied by the applicant
with 4 signatures.
STAFF RECOMMENDATIONS:
Staff believes the change is not appropriate at the time.
PLANNING COMMISSION ACTION: (DECEMBER 17, 1998)
This item was placed on the consent agenda for deferral to
the February 4, 1999 meeting and was approved with a vote of
8 ayes, 0 noes and 3 absent.
STAFF UPDATE:
As of this later printing, Staff has received phone calls,
letters and petitions for and against the proposed action.
Staff has logged a total of 5 persons for and 35 persons
against. Staff has not received any comments from
neighborhood associations concerning this matter.
2
February 4, 1999
ITEM NO.: B (Cont.) FILE NO.: LU98-02-04
PLANNING COMMI_SSION ACTION: (FEBRUARY 4, 1999)
Brian Minyard, of Staff presented the item to the
commission.
Richard Powell applicant for property at 9309 West Markham
asked for a deferral since Mary Ann Phillips, the original
representative for the case was absent. Discussion followed
among commissioners concerning question of deferral. Ms.
Faust made a motion to waive the by-laws and grant a
deferral on this matter. The motion was seconded and
failed.
Brian Minyard, of Staff presented the item to the
commission.
Wayne Camacho, of 9405 W. Markham, spoke of increased
traffic and resale value of the houses. Mr. Camacho does
not believe that quiet office space would increase the
traffic in the area a great deal. Mr. Camacho has seen the
traffic increase over the last twenty years. Mr. Camacho
understands that Mr. Powell simply wants to use his property
for a more economically feasible use for this specific
location.
Tom Marks, owner of property at 9223 W. Markham, has tried
to rent his property in the past. Mr. Marks stated that no
one wants to use the property as a residential space but
wants to use it for office space. Mr. Marks wants to rent
the property out as office space and does not intended to
use his property for commercial uses such as gas stations,
etc.
Richard Powell, owner of property at 9309 W. Markham, has
tried to sell the property for the past two years. Mr.
Powell believes that he will be more likely to sell the
property if it is zoned to allow office uses. Property was
on the market for one year and remained vacant until rented
for the past year.
Commissioner Hawn asked Mr. Powell about the use of
neighboring properties. Mr. Powell noted the presence of a
Farmers Insurance Agency across the street two blocks west
of his property as well as other houses converted to office
uses.
Mrs. Jeanie White, owner of house at 120 Pryor, stated a
concern about the safety of the area due to possibility of
increased traffic and the attraction of potential crime
resulting from break ins at the businesses. Mrs. White
expressed a concern about the unknown factors regarding the
types of businesses that may locate in the area and the type
of clientele such business may attract to the area. Mrs.
White is satisfied that in its current state the
3
February 4, 1999
ITEM NO.: B (Cont.) FILE NO.: LU98-02-04
neighborhood is a safe place to live and does not want to
see a decline in the safety of the neighborhood.
Mr. John McDonald, who lives on the corner of Burnside,
spoke in opposition to the proposal. Mr. McDonald likes the
neighborhood the way it is but would like to see less
traffic.
Lynn Robinson, 22 Windy Oaks Ct. spoke in opposition to the
proposal and sited three items of concern as well as three
results from passage of the land use amendment. The three
items of concerned mentioned consisted of the current
difficulty of accessing Markham from side streets, increase
in traffic that new businesses would generate, and the loss
of privacy and property values in the neighborhood. The
three results mentioned concerning passage of the proposed
land use amendment consisted of location of potential damage
to property resulting from location in flood plain,
unsightly construction, and loss of privacy and decreased
property values.
Christine Patterson of 1924 W. Markham, expressed concerns
about traffic, displacement, and smart growth. Traffic has
increased considerably since buying the property. Most of
the residents in the neighborhood were long term residents
and Mrs. Patterson feared that changes in the zoning of the
area would cause residents to leave the neighborhood. She
visited several neighbors and all were opposed to it. She
questioned the amendment in relation to the smart growth
process.
Mrs. Dotie Funk spoke of trees on the proposed sight.
Ruth Bell felt that large setbacks and trees would protect
the houses on Markham from noise and lights on the street.
It doesn't need to change.
Commissioner Putnam stated that the Commission is being
burdened to solve financial problems that it is not
responsible for. The Commission is concerned specifically
with zoning.
Bob Turner stated that as of 1996 the traffic count in the
vicinity of Markham and Mississippi stood at 18,000 cars per
day. The average amount of traffic for a minor arterial is
18,000 at the high end.
Commissioner Rahman asked why a property owner opposed to
the amendment was in the middle to the area of the proposed
zone change. Mr. Minyard stated that the staff expanded the
area of the application to the east to include Mrs.
Berumen's house and Mr. Marks' house. Mr. Marks is in
support of the zone change, Mrs. Burhman is not.
Commissioner Hawn moved to approve the application.
4
February 4, 1999
ITEM NO.: B (Cont.) FILE NO.: LU98-02-04
Commissioner Lowery wanted the record to reflect that he
will abstain from the vote.
The motion was seconded and failed with a vote of 9 ayes,
0 noes, 1 abstention and 1 absent.
Mr. Malone stated that applicants have the right to appeal
to the Board of Directors.