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HomeMy WebLinkAboutStaff Report_MinutesSeptember 14, 2006 ITEM NO.: 14 FILE NO.: LU06-02-04 Name: Land Use Plan Amendment - Rodney Parham Planning District Location: 302 N. Shackleford Road Request: Single Family to Community Shopping Source: Lynda Bowers, A Cut Above LLC PROPOSAL/REQUEST: Land Use Plan amendment in the Rodney Parham Planning District from Single Family to Community Shopping. Community Shopping provides for a shopping center development with one or more general merchandise stores. The applicant is applying for a PCD with C2 usage for a possible delicatessen. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review to include the area between Markham Street and Shackleford Drive west of Shackleford Road. It will also expand to include the adjacent veterinary clinic and school. It is thought that the additional adjacent area would make the boundaries more logical while the change to the south is to better reflect the existing and likely future development and zoning of that area. EXISTING LAND USE AND ZONING: The northern portion of the application area is currently zoned 03 General Office and is 1.3 acres t in size. The property to the west of the site is zoned R2 Single Family. The area to the east (the Kroger shopping complex) is zoned C3 General Commercial. The property immediately north of this site is zoned C1 Neighborhood Commercial. To the immediate south of this area is zoned R2 Single Family. The extended application area is approximately 12 acres in size and is zoned C3 General Commercial. To the south, east and west of this area is more C3 or C4 Commercial land with the exception of an area zoned R2 Single Family for a nursing home on the south side of Markham. FUTURE LAND USE PLAN AND RECENT AMENDMENTS_ The site is currently planned for Single Family development. The Single Family continues to the west of the immediate area. The east side of N. Shackleford is the Kroger shopping center, and it is planned Community Shopping. The land immediately south of the property is planned for Single Family, but further south it is planned for Office. While some of the uses are office, there are also several restaurants on that portion of Shackleford. To the north of this site is Public Institutional for Terry Elementary School. The expanded application site to the south is planned for Office. This site is surrounded on three sides by Commercial or Community Shopping. May 6, 2003 the area to the northeast of this site was amended for the development of a large church. Ordinance 18861 changed that area from Single Family to Public Institutional. This ordinance also changed a portion off of Mara Lynn from Multi Family to Low Density Residential and a portion on the south side of Mara Lynn from Single Family and Low Density Residential to Multi Family. July 17, 2001, an area approximately a third of a mile to the southwest of this site was changed from Single Family and Commercial to Park and Open Space as part of a large scale amendment to recognize existing parks and open spaces. MASTER STREET PLAN: North Shackleford Road is shown as a Collector on the plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements. BICYCLE PLAN: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. PARKS: According to the Master Parks Plan, this area is within an eight -block radius of a park. This location is about half a mile from Birchwood Park. It is also within three blocks of Terry Elementary School. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The Walnut Valley Neighborhood Action Plan covers this location. The Community Redevelopment Goal states the need to "maintain and reinvigorate existing retail areas to provide active retail for local residents." ANALYSIS: This application has two parts: a northern portion that includes the current A Cut Above Building on Shackleford Road and a southern portion including the restaurants and other commercial sites on Shackleford Drive. The northern portion of the application area is currently planned for Single Family use. An area is zoned office with office and business uses is located on the site requesting a change. The Site currently has commercial uses as accessory and conditional use. However, the change would also decrease the amount of Single Family planned area in the area. Currently Shackleford Road provides the line for Commercial Land Use. There is a single-family neighborhood west of Shackleford Road with a large commercial shopping center to the east. The requested change would move the Commercial use area further to the west and into the area shown for the neighborhood. A large block of Community Shopping already exists to the east of this area with the large Kroger strip center. This center is a mix of commercial uses with a few office uses included. Generally, the center is fully leased, as is the rest of the general area. A change to Community Shopping on the west side of Shackleford could allow for the site to be rezoned without a Planned Zoned Development (PZD). Straight rezoning might allow a use for the area that would not be compatible with the adjacent residential area. Other land use categories would require a PZD, such as Mixed Use. A PZD might better protect the area's residents because of the careful evaluation of heights, sounds, hours of operations, etc. This amendment would allow commercial uses to cross Shackleford and be adjacent to single-family homes. Normally, a transition between such different uses is preferred. Staff expanded this application to include the area surrounded by Shackleford Drive, Shackleford Road and Markham Street. The expansion area is currently shown as Office on the Land Use Plan. The application area is zoned C3 General Commercial for the multiple restaurants, a hotel and a furniture store. The expansion would only serve to update the plan to reflect the current commercial uses. The resulting land use pattern would show Community Shopping on the north side of Markham Street from Bowman Road to Interstate 430. The expansion area would be buffered from the Single Family area to the north by an existing Office area in which the primary uses are office. This same area has just been studied in November 2005. The previous application was for this same area, but it also included a house on the north side of Beverly Hills. The application was denied. The current application area is limited to the current business area with land currently used for homes not included. Allowing Community Shopping to cross Shackleford Road could lead to additional pressures to convert the existing homes to the west. This is a small neighborhood of homes with only a limited number of homes. The change would also result in lining Shackleford Road with Community Shopping on both sides of the road, which could result in the negatives the City wishes to prevent by not allowing 'strip commercialization' of roads. The current zoning is office not commercial, so the current primary use should be office. This amendment would alter that. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Beverly Hills Property Owners Association. The Planning staff received two calls from property owners in the expanded area. Neither owner had any objections. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. September 14, 2006 SUBDIVISION ITEM NO.: 14 FILE NO.: LU06-02-04 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Beverly Hills Property Owners Association. The Planning staff received two calls from property owners in the expanded area. Neither owner had any objections. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (September 14, 2006) Walter Malone, Planning Staff reviewed the use pattern and Land Use Plan in the general area. While Staff agreed that the existing site was non-residential, Staff does not wish to have Commercial use cross Shackleford Road. This is an establish neighborhood and Staff is opposed to moving Commercial across the street and adjacent to the homes. Ms. James presented the Planned Zoning District application (see item 14.1 for a full minute record of the combined items). Mr. L. D. Vance in his presentation made clear that this site has never been anything other than non-residential, either office or commercial for over 20 years. After discussion of both items a motion was made to approve the Land Use Plan Amendment. By a vote of 0 for, 10 against, the amendment failed. C!